1.1.2 "Content" means various forms of content supported by the Raw Tools Application from time to time, including but not limited to, images, sound clips, video clips and news;
1.1.3 "Intellectual Property" means all intellectual property rights, howsoever arising and in whatever tangible or intangible media including (without limitation) patents, rights to inventions, utility models, copyright, trademarks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database rights, domain names, topography rights, moral rights, business processes, rights in confidential information (including trade secrets and know-how) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the word;
1.1.4 "Raw Tools" means K2019250148 (South Africa) (Pty) Ltd T/A Raw Tools, a private company with registration number 2019/25014/07 validly incorporated in accordance with the company laws of South Africa with usual place of business at 27 Milner Road, Metro Industrial, Paarden Eiland, Western Cape;
1.1.5 "Raw Tools Application" means the software under the trade name ‘Raw Tools’ made available by Raw Tools for installation and use on supported mobile devices or personal computers to use the Services;
1.1.6 "Raw Tools User" means a user of the Raw Tools Application, and includes Guests and Registered Users. For purposes of greater clarity:
22.214.171.124 “Registered Users” refers to a Raw Tools User that is registered on the Raw Tools Website or Application as such;
126.96.36.199 “Guest” refers to a Raw Tools User that is not registered on the Raw Tools Website or Application, and which accordingly have limited rights of usage and access;
1.1.7 "Raw Tools Websites" refers to desktop or mobile websites related to either Raw Tools or the Raw Tools Application;
1.1.9 "Services" means the services provided by Raw Tools from time to time, including, but not limited to, services provided via the Raw Tools Application and Raw Tools Websites;
1.1.12 "Upload" means the electronic transfer of information or data by you to the Services; and
1.1.13 "User Account" refers to the account (or 'profile') you create with Raw Tools to enable you to use the Services.
1.2.1 the singular includes the plural and vice versa;
1.2.2 natural persons includes juristic persons and vice versa;
1.2.3 any one sex or gender includes the other sexes or genders, as the case may be;
1.2.4 “including” (or words of similar meaning) means to include without limitation and “include” shall have a corresponding meaning;
1.2.5 “law” means any law of general application and includes the common law and any statute, constitution, decree, treaty, regulation, directive, ordinance, by-law, order or any other enactment of legislative measure of government (including local and provincial government) statutory or regulatory body which has force of law;
1.2.6 “person” means any person, company, close corporation, trust, partnership or other entity whether or not having separate legal personality;
1.2.7 a “Party” includes a reference to that Party’s successors in title and assignees allowed at law.
1.5 The clause headings in this document have been inserted for convenience only and will not be taken into consideration in the interpretation of this document.
1.6 Reference to months or years shall be construed as calendar months or years.
1.7 No provision herein shall be construed against or interpreted to the disadvantage of any party hereto by reason of such party having or being deemed to have structured, drafted or introduced such provision.
1.8 Whenever the term “including” is used followed by specific examples, such examples shall not be construed so as to limit the meaning of that term.
3 Eligible Persons
3.1 Unless otherwise stated by Raw Tools in writing, you must be at least 18 (eighteen) years old to make use of the Raw Tools Application, the Raw Tools Websites and the Services. If you are 17 (seventeen) years and younger, but older than 13 (thirteen), you will inform your parents or guardians that you have registered for and are using the Services of Raw Tools and upon request provide reasonable proof that you have complied with this prerequisite for access to the Raw Tools Application and the Services.
3.2 Raw Tools reserves the right to place an age restriction on any Services at any time.
4 Use and licence
4.1 The Intellectual Property rights in the Raw Tools Application, the Raw Tools Websites and the Services are either owned by Raw Tools or licensed to Raw Tools and include any applications or renewals of such rights and are protected by intellectual property laws. This includes (without limitation) any compilation of such Intellectual Property rights which is likewise the property of Raw Tools and protected by applicable law.
4.2 The trade names 'Raw Tools’ and ‘Raw Tools’ are related to the goodwill of Raw Tools and its affiliated companies and may not be used in any manner without Raw Tools’ prior written permission. All other Intellectual Property not owned by Raw Tools that appear on the Raw Tools Application, the Raw Tools Websites or the Services are the property of their respective owners.
4.3 Your use of the Raw Tools Application, the Raw Tools Websites and the Services is for lawful use only, and you agree not to use the Raw Tools Application, the Raw Tools Websites or Services to operate any commercial activities or to promote any products or services, other than expressly authorised by Raw Tools in writing.
4.4 Raw Tools grants you a non-exclusive, non-transferable, revocable licence to download and install the Raw Tools Application on a mobile device, personal computer or other supported device for the sole purpose of using the Services provided by Raw Tools.
4.6 Unless otherwise specifically agreed thereto in writing, Raw Tools is under no obligation to release new versions of the Raw Tools Application, nor to support any older version of the Raw Tools Application.
4.9 You should not choose brand names or trademarks as your username and/or display name since the Intellectual Property rights in such names do not belong to you. Raw Tools reserves the right, using its reasonable discretion, to take over any Raw Tools User's username and/or display name at any time (without compensation), should it require such username and/or display name for any reason whatsoever, including should Raw Tools be requested to do so by the owner of a brand name or trade mark. In such event Raw Tools will contact the Raw Tools User and notify the Raw Tools User that it requires the username and/or display name in question. In such event, Raw Tools shall move the Raw Tools User's account to a mutually agreed replacement username and/or link same to a mutually agreed replacement display name.
5 Registration for and Use of Services
5.1 In order to make use of some of the Services provided through the Raw Tools Application and/or Raw Tools Websites, you may have to register a User Account.
5.2 Through registration, you warrant and represent that:
5.2.1 any and all information you submit as part of the process to become a Raw Tools User is true and correct and that you are the legitimate owner of such information, including (but not limited to) your date of birth, sex, location, first & last name, cell phone number and contact details;
5.2.2 you are the legitimate owner of (or that have obtained the necessary license or permission in respect of) any content or images that you Upload via the Raw Tools Application;
5.2.3 you have the right, authority and capacity to enter into and be bound by the Terms and that by using the Raw Tools Website or Application you will not be violating any law or regulation of the country in which you are resident. You are solely responsible for your compliance with all applicable local laws and regulations;
5.3 You hereby agree that Raw Tools has the right to disclose aspects of your identity to any third party who is able to show on a prima facie basis that any Content posted or uploaded by you to the Raw Tools Website or Application constitutes a violation of their intellectual property rights, their right to privacy or any other law.
5.4 It is your responsibility to ensure the secrecy of your User Account’s registration details, including but not limited to your username and/or display name, password and contact details.
5.5 Any activity on the Raw Tools Application, the Raw Tools Websites or the Services authenticated with your login credentials shall be deemed binding on and attributable to you personally.
5.6 Unless otherwise agreed in writing, we may suspend or terminate access to the Raw Tools Application, the Raw Tools Websites and/or the Services without notice to you. In addition, we reserve the right to revoke any privilege or access granted to you without prior notice to you and in our sole discretion.
5.7 You may not give your username and password to someone else to log on to your User Account or to access the Services using your User Account or authorise another person to do so.
5.8 You agree that you are responsible for the security of your mobile device or any other device used to access the Raw Tools Application, Raw Tools Websites and/or the Services.
5.9 Messages sent to Users on the Raw Tools Application may contain links to third party websites that are not owned or controlled by Raw Tools. Raw Tools has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, Raw Tools will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly acknowledge and agree that Raw Tools shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website or services.
5.10 You agree to notify Raw Tools immediately in writing to email@example.com when you become aware of any unauthorised use of your User Account or other breach of security or attempted breach of security.
5.11 If your use of the Services is dependent on using a mobile device, personal computer or bandwidth of another person, you hereby represent that you have received that person's permission.
6 Nature of Services Provided through the Raw Tools Application and/or Websites
6.1 Raw Tools provides Users with the opportunity to purchase machinery, tools and equipment through its Website and/or Application.
6.2 Note that some of the Services we render may be subject to Additional Terms, the up to date version of which may be found on our website.
7.1 We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
7.2 Payment for Raw Tools Services can usually be made via -
7.2.1 debit card;
7.2.2 credit card: where payment is made by credit card, we may require additional information in order to authorise and/or verify the validity of payment. In such cases we are entitled to withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation your order for the Services will be cancelled. You warrant that you are fully authorised to use the credit card supplied for purposes of paying the Services. You also warrant that your credit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website;
7.3 You may contact us to obtain a full record of your payment. We will also send you electronic communications about your order and payment.
7.4 Once you have selected your payment method you will be directed to a link to a secure site for payment of the applicable purchase price for the Services.
7.5 It is specifically recorded that goods and services are subject to the payment of Value-Added Tax which may be chargeable in addition at the applicable rate current from time to time.
8.1 We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of goods listed on the Raw Tools Application or Website. However, should there be any errors of whatsoever nature on the Application or Website (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to a transaction based on any error.
8.2 As a consequence of 9.1 above, Raw Tools will not be liable for any errors in listings of goods uploaded by Raw Tools Users.
8.3 Raw Tools shall not be bound by any incorrect information regarding goods and services displayed on any third-party websites.
9 Returns and Refund
9.1 Because of the nature of the Services, the provision of Services by Raw Tools is subject to availability, which a Raw Tools User hereby accepts and agrees to.
9.2 Certain purchases may be subject to a cooling off-period and Users may be entitled to a full or partial refund under certain circumstances. Further details of this are set out in the particular Additional Terms for the specific Paid Value-Added Service.
9.3 Raw Tools hereby confirms that its method of returns complies with the relevant provisions of ECTA and the Consumer Protection Act, No. 68 of 2008.
9.4 Further terms regarding returns and refunds may be published at www.totaltools.co.za/shipping-returns from time to time, which will be incorporate into these terms by reference.
10 Management of Content
10.1 Unless otherwise agreed in writing, by an Upload of any content to the Raw Tools Application, Raw Tools Websites and/or related Services, you grant Raw Tools and its affiliated companies a non-exclusive, royalty-free, worldwide and perpetual licence to use the said Content, inclusive of the right to amend the said Content.
10.2 Raw Tools has the right, but not the obligation (unless expressly required by applicable law), to monitor postings and uploaded content, and also has the right, but not the obligation, to exercise editorial control over any material which may be made publicly available.
10.3 Raw Tools, without derogation to the general provision in clause 6.2 above, has the right, but not the obligation, to appoint a moderator to manage any postings or uploaded content, and such person may edit or remove any Content that was posted by you that may contravene any Additional Terms which may apply to the use of the Raw Tools Application, Raw Tools Websites and/or related Services.
10.4 You agree that Raw Tools has no control over any Content or communication you receive from any person other than Raw Tools or its employees. You may therefore be exposed to unwanted Content and it is your duty to report any undesirable Content to Raw Tools.
10.5 You agree to that you will not use the Raw Tools Application or Services to transmit, disseminate or upload:
10.5.1 unsolicited commercial communications;
10.5.2 Content that:
10.5.2.1 Is Unlawful, harassing, abusive, threatening, or obscene communications of any kind;
10.5.2.2 Could infringe or violate any third party's copyright, trademark, trade secret, privacy or other proprietary or property right;
10.5.2.3 could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law or regulation;
10.5.2.4 Is Objectionable, including but not limited to, content that contains blatant bigotry, racism, or hatred or that promotes illegal activities or physical harm against anyone;
10.5.2.5 Any other type of communications, be they of a commercial nature or not, to people or entities who have not agreed to be part of such broadcast;
10.5.2.6 Amounts toany harmful, disruptive or destructive files or software;
10.5.2.7 Is adult or pornographic in nature; or
10.5.2.8 is generally unacceptable in the view of the public at large.
11 Availability of Services
11.1 You hereby acknowledge and agree that your use of the Raw Tools Application, Raw Tools Websites and the Services are entirely at your own risk.
11.2 Raw Tools does not warrant that you will always be able have access to the Services and Content.
11.3 Whilst we endeavour to ensure that the Raw Tools Application, the Raw Tools Websites and the Services are always accessible and messages delivered, we make no warranties or representations as to the accuracy and correctness thereof, level of uptime, the speed of access that can be expected or that messages and communications will be posted and/or delivered.
11.4 It is your responsibility to acquire the hardware and Internet connectivity necessary to access the Services and you are responsible for paying all fees that are due in respect of the hardware, mobile and the Internet connectivity and bandwidth consumed while accessing the Raw Tools Application, the Raw Tools Websites and the related Services.
11.5 The capabilities of your mobile device may limit the availability of some features and Services to you or may mean that certain Content cannot be played or displayed on your mobile device.
11.7 Raw Tools may decide to change the features and technical aspects of the Raw Tools Application, Raw Tools Websites or the Services. Such changes may cause interruptions to the Services and may require you to make changes to the settings on your mobile device or to your personal computer, including but not limited to the downloading of an updated version of the Raw Tools Application.
11.8 Whilst we endeavour to ensure that information on the Raw Tools Website or Application is accurate and complete, we make no warranties about the accuracy, reliability, completeness or timeliness of information published or provided.
11.9 Where we provide third party Content,feedback or publish advertisements as part of your use of the Raw Tools Application or a Service we do not:
11.9.1 warrant or represent that the third-party Content or advertisements are suitable, accurate, correct, complete, reliable, appropriate, or lawful; or
11.9.2 endorse the third-party Content or advertisements.
11.10 Your correspondence or dealings with, or participation in promotions and/or competitions of advertisers through the Raw Tools Application, Raw Tools Websites and related Services, and any other terms, conditions, warranties or representations associated arising therefrom, lie between you and the relevant advertisers. You agree that Raw Tools shall not be liable for any loss or damage of any nature incurred as a result of any such interactions between you and the advertisers, or as the result of the presence of such advertisers on the Raw Tools Application or Raw Tools Websites.
11.11 TO THE EXTENT PERMITTED BY LAW, YOU HEREBY AGREE TO RELEASE RAW TOOLS FROM LIABILITY RELATED TO ANY CLAIM, LOSS, INJURY OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH THE USE OF INFORMATION AND/OR GOODS AND/OR SERVICES AVAILABLE FROM OR THROUGH THE RAW TOOLS APPLICATION, THE RAW TOOLS WEBSITES OR THE SERVICES, WHETHER DIRECT OR INDIRECT INCLUDING, WITHOUT LIMITATION, ANY LIABILITY RELATING TO ANY LOSS OF USE, INTERRUPTION OF BUSINESS, LOST PROFITS OR LOST DATA, OR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND.
11.12 TO THE EXTENT PERMITTED BY LAW, YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD RAW TOOLS, ITS AFFILIATES, RELATED COMPANIES, PARENT COMPANIES, SUBSIDIARIES, OFFICERS, DIRECTORS, AGENTS, LICENSORS AND ANY OTHER PARTNERS AND EMPLOYEES HARMLESS FROM ANY AND ALL CLAIMS, LOSSES, EXPENSES, DAMAGES, Raw ToolsTIONS, DEMANDS, LIABILITIES OR COSTS, RESULTING OUT OF OR YOUR USE OF THE RAW TOOLS APPLICATION, THE RAW TOOLS WEBSITES OR THE SERVICES.
12 Unauthorised Conduct
12.1 You may not monitor, intercept or modify any communication that is not addressed to you or to your User Account.
12.2 You may not use any harmful or malicious code, including (without limitation) viruses, Trojan horses, worms or spiders, to interfere with or access any data, communications or software associated with the Services, the Raw Tools Application, Raw Tools Websites or any Services/Content otherwise owned by Raw Tools.
12.3 You may not send any unsolicited communication to Raw Tools or to any Raw Tools User, whether such unsolicited communication is sent to the Raw Tools User's User Account or to any other address of such Raw Tools User.
12.4 You may not use the Services in such a manner as to threaten, harass, embarrass or invade the privacy of any person or to contravene any applicable law or regulation.
12.5 You may not impersonate any other Raw Tools User or any other person, and you may not use another person's Raw Tools username and password to access another Raw Tools User's account, nor may you access or assume another Raw Tools User's profile. You may not use or distribute the images taken by and/or belonging to any other person via the Raw Tools Application in any manner without such person's consent.
12.6 Other than as may be authorised by Raw Tools in writing and bona fide public search engines generally, you may not programmatically access any Services using an electronic or other automated means used independently to initiate an action or respond to data messages or performances in whole or in part, including (without limitation) any web spiders, crawlers or similar technologies.
12.7 You are notified that it is a criminal offence to gain unauthorised access to any restricted areas of the Raw Tools Websites or to otherwise interfere with the proper functioning thereof.
13 Breach and termination
15 Jurisdiction, Enforceability and Limitation of Liability
15.2 You hereby agree that, in the instance where Raw Tools is liable to you, the cumulative maximum liability of Raw Tools for all claims, actions, demands and proceedings of whatever nature and however arising (including, without limitation, for breach of contract, in delict, for all acts and omissions, and for negligence) shall in total be limited to the total value of payments actually made to Raw Tools by you.
16.1 Raw Tools hereby selects 27 Milner Road, Metro Industrial, Paarden Eiland, Western Cape, 7405as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions (“legal address”). Raw Tools may change this address from time to time by updating these Terms and Conditions.
16.2 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 Raw Tools not less than 7 days’ notice in writing.
16.3 Notices must be sent either by hand, prepaid registered post or email and must be in English. All notices sent -
16.3.1 by hand will be deemed to have been received on the date of delivery;
16.3.2 by prepaid registered post, will be deemed to have been received 10 days after the date of posting;
16.3.3by email will be deemed to have been on the date indicated in the “Read Receipt” notification. All email communications between you and Raw Tools must make use of the ‘Read Receipt” function to serve as proof that an email has been received.
17.2 Any failure on the part of you or Raw Tools to enforce any right in terms hereof shall not constitute a waiver of that right.
17.3 If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
17.6 Further explanation and clarification related to the above terms may be found in our Frequently Asked Questions (“FAQ”) section. Insofar as they do not contradict or materially alter the provision of this document, the relevant answers found in the FAQ section are hereby incorporated by reference.
For the purposes of ECTA, Raw Tools’ information is as follows, which should be read in conjunction with its product descriptions and other terms and conditions contained on the Raw Tools Website or Raw Tools Application:
PAIA: Raw Tools currently has no manual published in terms of section 51 of the Promotion of Access to Information Act 2 of 2000. A copy of the Act may be downloaded from http://www.polity.org.za/attachment.php?aa_id=3569
Support email address
There is likely a need for a returns policy as well