Terms and Conditions
1. Application of these Terms and Conditions
1.1. This website enables you to shop online for journals (“Journals”) and can be accessed at www.brendascernat.co.za (the “Website”) and is owned and operated by Blue Phoenix Rising (Pty) Limited (registration number: 2016/476374/07) (Blue Phoenix”, “we”, “us” and “our”).
1.2. These Website Terms and Conditions including any additional document incorporated by reference (“Terms and Conditions”) govern the ordering, sale and delivery of Journals, and the use of the Website.
1.3. “You”, “your” or “user” refers to the person using this website within the meaning of clause 1.4 below.
1.4. These Terms and Conditions are binding and enforceable against every person that accesses, uses views, refers to or registers as a user on this Website (individually and collectively referred to as “use”) and the information, content, Journals or services available on or through this Website (“the Website Content”). By using the Website and/or by clicking on the “Register Now” button on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions unconditionally.
1.5. By using the Website, you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.
1.6. If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask Blue Phoenix to explain it to you before you accept the Terms and Conditions or continue using the
2. Important Notice
2.1 These Terms and Conditions apply to users who may constitute consumers for purposes of the Consumer
Protection Act, 68 of 2008 (the “CPA”).
2.2 Please note that provisions of the CPA may have an impact on you with respect to various exclusions of our liability under these Terms and Conditions. As such, please take care to familiarize yourself with these Terms and Conditions, in particular, those clauses that are in bold. Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.
2.3 Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or
avoid any right or obligation, as the case may be, created for either you or Blue Phoenix in terms of the
3. Returns, Cancellations and Refunds
3.1. Please refer to our Returns Policy on the Website, which contains information about returning Journals, refunds, and replacements. The Returns Policy is to be incorporated into these Terms and Conditions by reference and is binding on you.
4. Registration and use of the website
4.1. You may choose to become a registered user of the Website. You do not need to be a registered user to order Journals on the Website.
4.2. To register as a user, you must provide a unique username and password and provide certain information and personal details to Blue Phoenix.
4.3. You agree and warrant that your username and password shall:
4.3.1. be used for personal use only; and
4.3.2. not be disclosed by you to any third party.
4.4. For security purposes you agree to enter the correct username and password, failing which you will be denied access to your account.
4.5. You agree and acknowledge that, once the correct username and password relating to your account have been entered, you will be liable for payment of such order, save where the order is cancelled by you in accordance with these Terms and Conditions. This applies irrespective of whether the use of your username and password is unauthorised or fraudulent through no fault of Blue Phoenix.
4.6. You agree to notify Blue Phoenix immediately upon becoming aware of, or reasonably suspecting, any unauthorised access to, or use of, your username and password and to take reasonable steps to mitigate any resultant loss or harm.
5. Prohibitions while using this Website
5.1. You agree that you will not in any way use any device or software to interfere, or attempt to interfere, with the proper working of the Website, which includes transmitting or attempting to transmit any viruses or codes of a destructive nature.
5.2. In addition, you agree that you will not in any way us monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorised Blue Phoenix representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).
5.3. You may not use the Website to distribute material, which is defamatory, offensive, abusive, insulting, harmful, disparaging, intimidating, discriminatory, contains or constitutes hate speech or is otherwise unlawful.
5.4. You may not in any way display, publish, copy, print, post or otherwise use the Website and/or the information contained therein without the express prior written consent of an authorised Blue Phoenix representative.
5.5. You may not use this Website for any illegal or unauthorised purpose, nor may you, while using this Website, violate any applicable laws, by-laws, regulations and or other rules.
6. Conclusion of sales and availability of stock
6.1. You may place orders for Journals, which Blue Phoenix may accept or reject. Whether or not Blue Phoenix
accepts an order depends on the availability of Journals, correctness of the information relating to the Journals (including without limitation the price) and receipt of payment or payment authorisation by Blue Phoenix for the Journals.
6.2. Blue Phoenix will indicate the acceptance of your order by delivering the Journals to you or allowing you to collect them, and only at that point will an agreement of sale between you and Blue Phoenix come into effect (the “Sale”). This is regardless of any communication from Blue Phoenix stating that your order or payment has been confirmed. Blue Phoenix will indicate the rejection of your order by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.
6.3. You acknowledge that stock of all Journals on offer is limited, and that pricing may change at any time without notice to you. In the case of Journals for sale by Blue Phoenix, Blue Phoenix will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are discontinued on the Website. However, we cannot guarantee the availability of stock. When Journals are no longer available after you have placed an order, Blue Phoenix will notify you and you will be entitled to a refund of any amount already paid by you for such Journals.
6.4. Prior to delivery or your collection of the Journals, you may cancel an order at any time provided you do so before receiving a dispatch or delivery notice. After delivery or your collection of the Journals, you may return the Journals only in accordance with the Returns Policy.
6.5. Placing Journals in a shopping basket without completing the purchase does not constitute an order for
such Journals, and as such, Journals may be removed from the shopping basket if stock is no longer available, or the price thereof changes without notice to you. A purchase is deemed complete only once you have made payment and we have received your payment into our bank account.
6.6. You cannot hold Blue Phoenix liable if such Journals are not available or are not available at the particular price when you complete or attempt to complete the purchase at a later stage.
6.7. Journals may not be purchased for re-sale. You agree note to reproduce, duplicate, copy, sell, resell or exploit any portion of the Journal. Should we suspect that any such Journals are being purchased for sale, we are entitled to cancel your order immediately on notice to you.
7.1. Credit card/ debit card / bank account information is encrypted using appropriate encryption technology. We are committed to providing secure online payment facilities. Please note that you content (not including credit card/ debit card / bank account information) may be transferred, unencrypted, which may involve transmission over various networks and changes to conform and adapt to technical requirements of connection networks or devices.
7.2. You may elect to pay for the Journal(s) that you order via one of the following methods (depending on its availability and/or your eligibility to use such a method) –
7.2.1. Debit card or credit card
We may require additional information in order to authorise and/or verify the validity of payment. We are entitled to withhold delivery of your order until such time as we receive this information and we obtain authorisation for these amounts, failing which we will cancel your order. You warrant that you are fully authorised to use the debit card/ credit card
supplied for purposes of paying the Journals. You also warrant that your debit card/ credit card has sufficient available funds to cover all the costs incurred as a result of
the services used on the Website;
7.2.2. Blue Phoenix vouchers;
7.3. We will send you email communications about your order and payment.
7.4. Once you have selected your payment method (save for direct bank deposit), you will be directed to a link to a secure site for payment of the applicable purchase price for the Journals.
8. Delivery of Journals
8.1. For information about delivery, please see our Shipping and Delivery Policy, which is incorporated into these Terms by reference, and is binding on you.
8.2. Our delivery charges are subject to change at any time, without prior notice to you, therefore you must check the Shipping and Delivery Policy for the most up-to-date information.
9.1. We shall take all reasonable efforts to accurately reflect the description, colours, images, availability, purchase price and delivery charges of Journals on the Website. However, should there be any errors of whatsoever nature on the Website (which are not due to the gross negligence or wilful misconduct of Blue Phoenix, its employees, agents or authorised representatives), we shall not be liable for any loss, claim or expense relating to a transaction based on any such error, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid, or otherwise as set out in the Returns Policy.
9.2. You are encouraged to contact us to report any possible malfunctions or errors by emailing email@example.com.
9.3. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice.
9.4. We cannot guarantee that your computer monitor’s display of any colour will be accurate.
10.Gift Vouchers & Coupons
10.1. Blue Phoenix may from time to time make physical or electronic gift vouchers (“Vouchers”) and promotional coupons or discounts (“Coupons”) available for use on the Website towards the purchase of Blue Phoenix Journals.
10.2. Vouchers and Coupons can only be redeemed while they are valid, and their expiry dates cannot be extended. More specifically:
10.3.1. Vouchers that are purchased by users are valid for 3 years after such purchase.
10.3.2. Vouchers that Blue Phoenix gives away for free are valid for the period stated thereon.
10.3.3. In either of the above instances, if your Voucher has not been used within that period, it will expire.
10.3.4. Blue Phoenix is not responsible for any harm due to the loss, unauthorised use or unauthorised distribution of a Voucher, after it has delivered the Voucher to you, or the
email address nominated by you.
10.3.5.1. cannot be used to buy other Vouchers or Coupons;
10.3.5.2. do not accrue interest;
10.3.5.3. are not refundable for cash once purchased or otherwise obtained.
10.3.6. If your Voucher value is less than the amount required to cover the full order you wish to place, you may make up the difference by paying via one of our other payment methods.
10.4.1. A Coupon may either be in respect of:-
10.4.1.1. a fixed-sum discount (for example, R75 off) (“Fixed Coupon”); or
10.4.1.2. a percentage discount (for example, 10% off) (“Percentage Coupon”).
10.4.2. Coupons are issued in our sole discretion, and we are entitled at any time to correct, cancel or reject a Coupon for any reason (including without limitation where a Coupon has been distributed in an unauthorised manner).
10.4.3. You are not entitled to receive or earn Coupons.
10.4.4.1. cannot be used to buy Gift Vouchers or other Coupons;
10.4.4.2. cannot be exchanged or refunded for cash or credit
10.4.5. Blue Phoenix is not responsible for any harm due to the loss, unauthorised use or distribution of a Coupon.
10.4.6. The redemption of any Coupons shall be governed by these Terms and Conditions read with any further terms and conditions appearing on the Coupon, the latter of which shall prevail in the event that there is a conflict. Unless specified otherwise on the specific Coupon itself:-
10.4.6.1. each Coupon can only be used once;
10.4.6.2. only one Coupon can be used per order;
10.4.6.3. only one Coupon can be used on the Website per person per promotion/campaign;
10.4.6.4. Percentage Coupons may only be redeemed on purchases with a total cart value of less than R300.00.
10.4.6.5. If you have redeemed a Percentage Coupon and you wish to cancel any items in the order prior to making payment, the entire order must be cancelled. You will be issued with a new Percentage Coupon and will need to place the order again, without the item that you wished to cancel;
10.4.6.6. You may not redeem a Coupon later on an existing order. A Coupon must be redeemed at check-out;
10.4.6.7. the value of the Coupon will be set off against the value of your shopping basket and the balance remaining, if any, will be payable by you.
13.Ownership and copyright
13.1 The contents of the Website, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks (whether registered or unregistered) which are displayed on or incorporated in this Website (“Website Content”) are protected by law, including but not limited to copyright and trade mark law. The Website Content is the property of Blue Phoenix, its advertisers and/or sponsors and/or is licensed to Blue
13.2 You will not acquire any right, title or interest in or to the Website or the Website Content.
13.3 Any use, distribution or reproduction of the Website Content is prohibited unless expressly authorised in
terms of these Terms and Conditions or otherwise provided for in law.
13.4 Where any of the Website Content has been licensed to Blue Phoenix or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time, and you agree to comply with such third-party terms and conditions.
14.Third party websites
14.1 Blue Phoenix shall not be bound by any incorrect information regarding our Journals displayed on any third-party websites.
14.2 This Website may contain links or references to other websites (“Third Party Websites”) which are outside of our control, including those of advertisers. These Terms and Conditions do not apply to those Third-Party Websites and Blue Phoenix is not responsible for the practices and/or privacy policies of those Third-Party Websites or the “cookies” that those sites may use.
14.3 Notwithstanding the fact that the Website may refer to or provide links to Third Party Websites, your use of such Third Party Websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third Party Websites or your reliance on any information contained thereon.
15. Availability and termination
15.1 We will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and we are entitled to discontinue providing the Website or any part thereof with or without notice to you.
15.2 Blue Phoenix may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that Blue Phoenix will not be liable to you in the event that it chooses to suspend, modify or terminate this Website other than for processing any orders made by you prior to such time, to the extent possible.
15.3 If you fail to comply with your obligations under these Terms and Conditions, including any incident involving payment of the price of an order for any Journals, this may (in our sole discretion with or without notice to you) lead to a suspension and/or termination of your access to the Website without any prejudice to any claims for damages or otherwise that we may have against you.
15.4 Blue Phoenix is entitled, for purposes of preventing suspected fraud and/or where it suspects that you are abusing the Website and/or have created multiple user profiles to take advantage of a promotion or Coupon intended by Blue Phoenix to be used once-off by you, to blacklist you on its database (including suspending or terminating your access to the Website), refuse to accept or process payment on any order, and/or to cancel any order concluded between you and Blue Phoenix , in whole or in part, on notice to you. Blue Phoenix shall only be liable to refund monies already paid by you and accepts no other liability which may arise as a result of such blacklisting and/or refusal to process any order. For more information, refer to our Returns Policy.
15.5 At any time, you may choose to stop using the Website, with or without notice to Blue Phoenix.
16.Disclaimers and Limitation of Liability
16.1 Whilst Blue Phoenix takes reasonable measures to ensure that the content of the Website is accurate and complete, Blue Phoenix makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website. If any such representations or warranties are made by Blue Phoenix ’s representatives, Blue Phoenix shall not be bound thereby.
16.2 The use of the Website is entirely at your own risk, and you assume full responsibility for any risk or loss resulting from or in connection with your use of the Website or reliance on any information on the Website. TO THE EXTENT NOT OTHERWISE PROHIBITED IN LAW, BLUE PHOENIX SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES WHICH MIGHT ARISE FROM YOUR USE OF, OR RELIANCE UPON, THE WEBSITE OR THE CONTENT CONTAINED IN THE WEBSITE; OR YOUR INABILITY TO USE THE WEBSITE, AND/OR UNLAWFUL ACTIVITY ON THE WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.
16.3 The Website itself and all information provided on the Website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, to the extent permitted in law.
16.4 Any views or statements made or expressed on the Website are not necessarily the views of Blue Phoenix, its directors, employees and/or agents.
16.5 In addition to the disclaimers contained elsewhere in these Terms and Conditions, Blue Phoenix makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or
code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of Blue Phoenix , its employees, agents or authorised representatives.
16.6 YOU HEREBY INDEMNIFY BLUE PHOENIX AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD PARTY ARISING IN ANY WAY FROM YOUR USE OF THIS WEBSITE AND/OR ANY LINKED THIRD-PARTY WEBSITE.
17.Governing law and jurisdiction
17.1 These Terms and Conditions shall be governed and determined in accordance with the laws of the Republic of South Africa.
17.2 In the event of any dispute arising between you and Blue Phoenix, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa, notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
17.3 Nothing in this clause or the Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.
18.Amendment of these Terms and Conditions
18.1 Blue Phoenix may, in its sole discretion, amend any of these Terms and Conditions at any time without notice to you.
18.2 It is your responsibility to regularly check these Terms and Conditions.
18.3 Such change will only apply to your use of this Website after the change is displayed on the Website. If you use the Website after such amended Terms and Conditions have been displayed on the Website, you will be deemed to have accepted such changes.
19.1 Blue Phoenix hereby selects 6 2nd Ave, Houghton Estate, Johannesburg, 2198, as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions (“legal address”). Blue Phoenix may change this address from time to time by updating these Terms and Conditions.
19.2 You hereby select the delivery address specified with your order as your legal address, but you may change it to any other physical address by giving Blue Phoenix not less than 7 calendar days’ notice in writing, provided that the new address is within the Republic of South Africa and consists of, or includes, a physical address at which process can be served.
19.3 Any notice of other communication to be given to any of the Parties shall be valid and effective only if it is given in writing. It shall be competent to give notice by email.
19.4 Notices must be sent either by hand, courier or email. All notices sent:-
19.4.1 delivered by hand to a responsible person during ordinary business hours at the other Party’s legal address, shall be deemed to have been received (unless the contrary is proved) on the day of delivery;
19.4.2 delivered by courier to a responsible person during ordinary business hours at the other Party’s delivery address, shall be deemed to have been received (unless the contrary is proved) on the day of delivery;
19.4.3 sent by email to the other Party’s chosen email address, shall be deemed to have been received (unless the contrary is proved) on the date indicated in the “Read Receipt” notification, if it is transmitted between 08h00 to 17h00, or the next business day, if it is transmitted outside these hours. ALL EMAIL COMMUNICATIONS BETWEEN YOU AND US MUST MAKE USE OF THE “READ RECEIPT” FUNCTION to serve as proof that an email has been received.
19.5 Notwithstanding anything to the contrary herein contained, a written notice or communication actually received by either party shall be an adequate written notice or communication, notwithstanding that it was not sent to or delivered at the party’s chosen legal address.
20.1 For the purposes of the ECT Act, Blue Phoenix ’s information is as follows, which should be read in
conjunction with the descriptions of its Journals and other terms and conditions contained on the Website: Full name: Blue Phoenix Online (Pty) Ltd, a private company registered in South Africa with registration number 2016/476374/07 Main business: Executive coaching and Rapid Transformational Therapy Physical address for receipt of legal service (also postal and street address): No 6 Second Avenue, Houghton Estate, Gauteng, 2198 (marked for attention: Brenda Cernat) Office bearers: Brenda Cernat Phone number: +27 82 467 2586 Email address: firstname.lastname@example.org
21.1 If you have a complaint or require further information, please feel free to contact us at email@example.com.
21.2 If we are unable to resolve your complaint to your satisfaction or we cannot resolve your complaint within 15 (fifteen) business days of you having notified us of it, you can approach the Consumer Goods and Services Ombud (“CGSO”) to assist in resolving the complaint. The CGSO’s contact details are: Website: http://www.cgso.org.za/ Call: 0860 000 272 Email: firstname.lastname@example.org
22.1. Headings used in these Terms and Conditions are for convenience only and will not limit or otherwise affect these Terms and Conditions.
22.2. Blue Phoenix may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the Website or the user’s right to use the Website or any of its contents subject to us processing any orders then already made by you.
22.3. If in our sole judgment, you breach, or we suspect that you breach any provision of these Terms and Conditions, we may also terminate your use of the Website without notice and you will remain liable for all amounts due up to and including the date of termination.
22.4. You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.
22.5. Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.
22.6. No indulgence, leniency, or extension of time which Blue Phoenix may grant or show to you, shall in any way prejudice our rights in terms of these Terms and Conditions.
22.7. If any provision or part of a provision of these Terms and Conditions is rendered void, illegal or unenforceable in any respect such provision shall be severable and the validity, legality, and enforceability of the remaining provisions shall remain in full force and effect.
22.8. These Terms and Conditions contain the whole agreement between you and Blue Phoenix and no other warranty, undertaking, variation or waiver is valid, unless agreed to and reduced to writing between the parties.