1. TERMS OF WEBSITE USE
provision for the terms and conditions applicable when making use of our website
https://www.thedistinct.co.za and/or any social network website we make available to you
2. OTHER APPLICABLE TERMS
collect from you, or that you provide to us. By using our website or Products, you consent to
such processing and you warrant that all Personal Information provided by you is accurate.
- If you register as a User / Customer of any of our Products: our Terms of Supply, and these
3. INFORMATION ABOUT US
- Website: https://www.thedistinct.co.za is an Internet website owned and operated by The Distinct
Official (Proprietary) Limited t/a The Distinct ("we", “us”, “our”).
- We are registered in the Republic of South Africa under company number 2015/123299/07 and with
our principal place of business situated at 45 Ballybunion Crescent, Sunningdale, Milnerton,
Western Cape, 7441 (“Premises”).
- For more information about us, click here.
4. CHANGES TO THESE TERMS
any time. The amendments will be applicable when published on our website.
binding on you. Take note, the terms applicable on conclusion of the sale of products to you
will apply for the particular purchase.
5. CHANGES TO OUR SITE
- We may update our website from time to time, and may change the Content at any time.
- We may stop publishing our site at any time without notice and will not be responsible for any
- Please note The Content on our website is provided for general information purposes only and
that the Content may be out of date at any given time. Although we make reasonable efforts to
update the information on our site, we make no representations, warranties or guarantees,
whether express or implied, that the Content on our site is accurate, complete, free from errors
or omissions or up-to-date.
6. ACCESSING OUR SITE
- Access to our website is made available free of charge.
- Product costs: are addressed in our subsequent Terms of Supply and presented on our website.
- We do not guarantee that our website, or any Content on it, will always be available or
uninterrupted. Access to our website is permitted on a temporary basis. We may suspend,
withdraw, discontinue or change all or any part of our website (including, but not limited to,
the Products available) without notice to you. We will not be liable to you if, for any reason,
our website is unavailable at any time or for any period.
- You are responsible for making all arrangements necessary for you to have access to our website,
including, but not limited to, mobile data and the costs associated with it. We do not guarantee
that our website, or any portion thereof, will function on any particular hardware or devices.
In addition, use of our website may be subject to malfunctions and delays inherent in the use of
the Internet and electronic communications.
- You are also responsible for ensuring that all persons who access our website through your
and that they comply with them.
- Our website is directed to people residing within the Republic of South Africa. We do not
represent that Content available on, or through, our website or our Products are appropriate or
available in other locations. We may limit the availability of our website or any Products
described on our website to any person or geographic area at any time. If you choose to access
our website from outside the Republic of South Africa, you do so at your own risk.
7. RIGHTS GRANTED TO YOU
revocable, license to access and use our website and Content at any time, solely for your
personal, non-commercial use.
- Any rights not expressly granted herein are reserved by us and our licensors.
8. PROHIBITED USES
You may not use our site or Services:
- You may not use our website or Content:
- in any way that breaches any applicable local, national or international law or
- in any way that is unlawful or fraudulent, or has any unlawful or fraudulent
purpose or effect.
- to transmit, or procure the sending of, any unsolicited or unauthorised
advertising or promotional material or any other form of similar solicitation (for example:
- to knowingly transmit any data, send or upload any material that contains
viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other
harmful programs or similar computer code designed to adversely affect the operation of any
computer software or hardware into our website or the Content used by us or any other Users of
our website; or
- to access, without authority, interfere with, damage or disrupt any part of our
website or the equipment or network on which the website is stored.
- You may further not:
- remove any copyright, trademark or other proprietary notices from any portion of
our website or from the Products available;
- reproduce, copy (direct or in-direct), modify, adapt, reproduce, prepare
derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly
display, publicly perform, transmit, stream, broadcast or otherwise exploit our website or the
Products (or any part thereof);
- decompile, reverse engineer or disassemble our website or the Products except as
may be permitted by applicable law;
- cause or launch any programs or scripts for the purpose of scraping, mirroring,
indexing, surveying, or otherwise data mining any portion of our website or unduly burdening or
hindering the operation and/or functionality of any aspect of our website;
- frame our website or any part thereof;
- access or use our website or the Content through automated means, including
through the use of robots, spiders, or offline readers (other than by individually performed
searches on publicly accessible search engines for the sole purpose of, and solely to the extent
necessary for, creating publicly available search indices - but not caches or archives - of our
website or the Content and excluding those search engines or indices that host, promote, or link
primarily to infringing or unauthorized content); or
- attempt to gain unauthorized access to or impair any aspect of our website or its
related systems or networks.
9. INTELLECTUAL PROPERTY RIGHTS
- We are the owners and/or rightful licensees of all intellectual property rights (including but
not limited to, concepts, know-how, data processing techniques, copyrights, patents, designs
(including the website look and feel and lay out), inventions, trademarks, which are created,
invented and/or developed, registered or unregistered) in our website and Content and any
subsequent Products. Those works are protected by local and international laws and treaties
around the world. All such rights are reserved.
- You may copy, and may download extracts, of any page(s) from our website for your personal use
and to determine whether you wish to purchase the Products. You may draw the attention of others
to content posted on our website or by sharing same via social networks or other means
- You must not modify the copies of any materials you have printed off or downloaded from our
website in any way, and you must not use any illustrations, photographs, video or audio
sequences or any graphics separately from any accompanying text or claim that it is yours. Our
status as the authors of Content on our website must always be acknowledged.
- in or related to our website except for the limited license granted under
paragraph 7 above; or
- to use or reference in any manner our business names, service names, logos,
trademarks or services marks or those of our licensors (registered or un-registered).
10. LIMITATION OF OUR LIABILITY
- WE PROVIDE OUR WEBsite TO YOU ON AN “as-is” and on an “as-available” basis. To the extent
permitted by law, we exclude all conditions, warranties, representations or other terms which
may apply to our WEBsite or any content on it, whether express or implied. IN ADDITION, WE MAKE
NO REPRESENTATION, GUARANTEE OR WARRANTY REGARDING THE TIMELINES, QUALITY, RELIABILITY,
SUITABILITY, OR AVAILABILITY OF OUR WEBSITE OR ANY OF OUR PRODUCTS THROUGH THE USE OF OUR
WEBSITE, OR THAT THE USE OF OUR WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU AGREE THAT IT
IS WITHIN YOUR SOLE DISCRETION TO USE OUR WEBSITE AND THAT THE ENTIRE RISK ARISING OUT OF YOUR
USE OF OUR WEBSITE REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER ANY APPLICABLE
LAW AND THAT YOU WILL INDEMNIFY US AGAINST ANY CLAIM, DEMAND, DAMAGE, COSTS, LOSS OR LIBILITY
(INCL. REASONABLE ATTORNEY’S FEES) RELATED TO YOUR USE OF OUR SITE..
- WE, OUR DIRECTORS, EMPLOYEES AND AGENTS SHALL NOT BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, USE OF DATA,
GOODWILL OR OTHER INTANGIBLE LOSSES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM (i) THE USE OR THE INABILITY TO USE OUR
WEBSITE; (ii) UNAUTHORIZED ACCESS TO, OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iII)
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR webSITE; (Iv) ANY WEBSITES LINKED TO OUR webSITE
AND ANY CONTENT POSTED ON IT; (V) FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES
BEYOND OUR REASONABLE CONTROL; OR (vi) ANY OTHER MATTER RELATING TO OUR webSITE and PRODUCTS.
- THE LIMITATIONS AND DISCLAIMER IN THIS PARAGRAPH 10 DOes NOT LIMIT your LIABILITY OR ALTER YOUR
RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER any APPLICABLE LAW.
- Different limitations and exclusions of liability may apply to liability arising as a result of
the supply of Products by us to you, which will be set out in our Terms of Supply.
- Although we are not obliged to provide security on our website, we feel it is important that
your information, or any communication between us, is dealt with in the most secure manner
reasonable possible. However, because of the nature of the Internet, we cannot guarantee that
your communications with us via our website are completely secure at all times.
- To provide adequate security to all our Users, and to monitor activities prohibited under
section 86 of the ECT Act, you hereby agree to our right to intercept, monitor, block, read,
delete or access all data sent to the website or any of our other communication facilities, for
example, email, instant messaging or fax-to-email applications, subject to the conditions as set
out under the RIC Act.
- It is our policy to virus check documents and files before they are uploaded to our website.
However, we cannot guarantee that documents or files downloaded from our website will be free
from viruses and we do not accept any responsibility for any damage or loss caused by any such
virus. Accordingly, for your own protection, you must use virus-checking software when using
this website. Further, you agree not to upload or provide, via our website, any document or file
that may contain a virus. You are required to virus check any document or file which you intend
to upload or provide to our website.
12. LINKING TO OUR WEBSITE
- You may link to our website, but only to the Homepage, provided you do so in a way that is fair
and legal and does not damage our reputation or take advantage of it or breach any provision of
- You must not establish a link in such a way as to suggest any form of association, approval or
endorsement on our part where none exists, or provide a link to our website in any website that
is not owned by you.
- We reserve the right to withdraw linking permission without notice to you.
- The website in which you are linking must comply in all respects with our Acceptable Use Policy.
13. CONTENT AND LINKS TO OUR WEBSITE
Where our website contains links to other websites and resources provided by third parties, these
links are provided for your convenience and information only. You acknowledge that different terms
of use and privacy policies may apply to your use of such third party content. We do not endorse
such third party content and in no event shall we be responsible or liable for any products of such
third party providers.
14. BREACH, SUSPENSION AND TERMINATION
- Kindly take note that it is within our discretion to determine whether there has been a breach
action as we deem appropriate.
- We specifically exclude any liability for our actions taken in response to a breach of these
- All costs, charges and expenses of whatsoever nature which may be incurred by us in enforcing
our rights in terms hereof including, without limitation, legal costs on the scale as between an
attorney and own client and collection commission, irrespective of whether any action has been
instituted, shall be recoverable from you if the above rights are successfully enforced.
- No relaxation or indulgence, by either one of us to the other, shall constitute a waiver of the
rights of that person and shall not preclude that person from exercising any rights which may
have arisen in the past or which may arise in future.
15. APPLICABLE LAW AND JURISDICTION
formation, are governed by the laws of the Republic of South Africa. We both agree that the
courts of the Republic of South Africa will have exclusive jurisdiction.
limit your right to settle a dispute concerning the CPA (to the extent applicable) using the
mechanisms provided for herein.
16. ELECTRONIC COMMUNICATION AND CONTACT
- Any Data Messages sent by us to you shall be deemed to have been sent from the Premises.
- A Data Message is deemed to be sent:
- By us, at the time shown on such message, or if not so shown, at the time shown
on our information system; and
- By you, at the time when we confirm receipt thereof.
- A Data Message is deemed to be received:
- By us, only when an authorised representative responds thereto (excluding an
automated response). Such acknowledgement does not give legal effect to that message, unless
specifically indicated by us that it does; and
- By you, once it enters your information system.
- As provided for in terms of section 11(3) of the ECT Act, all information incorporated by the
- Attribution of Data Messages - You agree and warrant that any Data Message sent, from any
computer or device that is owned by you or programmed by you, to us was sent by you.
- Expression of Intent – use of our website: For purposes of electronic communications between you
and us no electronic signature is required. The mere browsing of our website demonstrates your
17. CONTACT US
- Website functionality or any other recommendations: Send us an email at
- Questions or queries about Products and related services: Contact us by way of our Contact Us-page.
- Complaints: We kindly request that you contact us first should you have any complaints or any
other service related issues. It is important to us that you are satisfied with your purchases.
You may use the contact information as per our Contact Us-page. Please ask for a reference
number if you speak to any of our representatives/consultants. We will of course reply to your
complaint as soon as practically possible, but wish to note that we stand under no legal
obligation to resolve such complain.
- Legal Documentation or Notices (hopefully this will never be required):
- Physical address: our Premises;
- Email: firstname.lastname@example.org (heading: “LEGAL”);
- Marked for the attention of: Managing Director (Legal)
- If we are required to send you any legal documents or notices you agree that we can send it via
electronic mail to your email address, or by written communication by way of registered post to
your address or if delivery to the aforesaid addresses is not successful, then such contact
details we may find about you on the Internet.
- Any notice to you, or us, which is:
- sent by prepaid registered post in a correctly addressed envelope to the address
specified for it under paragraph 17.4.1 above shall be deemed to have been received, unless the
contrary is proven, within 10 (ten) days from the date on which it was posted;
- delivered by hand, shall be deemed to have been received on the day of delivery,
provided that it has been delivered to a responsible person during ordinary business hours; or
- sent by a Data Message to the addressee shall be deemed to be received as per
paragraph 16.3 above.
- Notwithstanding anything to the contrary herein, a written notice actually received by you or
us, including a notice sent by telefax, shall be an adequate notice to it notwithstanding that
it was not sent or delivered to the chosen address.
- Consumer shall have the same meaning attributed to it in terms of the CPA.
- Content means any information, content, images, video, audio, data, works of authorship,
materials, software and technology which may be displayed on, incorporated into, underlying, or
used to operate our website;
- CPA means the Consumer Protection Act, Act 68 of 2008;
- Data Message shall have the same meaning attributed to it in terms of the ECT Act;
- ECT Act means the Electronic Communications and Transactions Act, Act 25 of 2002;
- Personal Information shall have the same meaning attributed to it in terms of the POPI Act;
- POPI Act means the Protection of Personal Information Act, Act 4 of 2013;
- Products means the products available for purchase on our website, including, without
limitation, travel bags, premium coffee, mugs, cups and all ancillary products;
- RIC Act means the Regulation of Interception of Communications and Provision of Communication
Related Information Act, Act 70 of 2002; and
- Users mean users of our website (including u!).