Terms of Service

This website is operated by Mega IT Stores (referred to as “we”, “us”, or “our” throughout this site). By accessing or using our website, you agree to be bound by the following Terms of Service (“Terms”). These terms encompass all information, tools, and services available on this platform.

We reserve the right to modify these Terms at any time without prior notice. Any amendments will take effect 24 hours after they are posted on our website. Your continued use of the site following such modifications constitutes your acceptance of the revised Terms.

Engaging in our “Service” by visiting our website or making a purchase signifies your agreement to these Terms. This includes any additional terms, conditions, and policies referenced herein or accessible via hyperlink. These Terms of Service apply to all users, including browsers, vendors, customers, merchants, and content contributors.

We encourage you to thoroughly review these Terms of Service before accessing or using our website. Your access or use of any part of the site constitutes your agreement to be bound by these terms. If you do not agree to all the terms and conditions, you are prohibited from accessing the website or using our services.

These Terms of Service also apply to any new features or tools added to the website in the future. You can always find the latest version of the Terms of Service on this page. We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes on the website. It is your responsibility to periodically check this page for revisions. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Section 1: Online Store Terms

Eligibility:

By agreeing to these Terms of Service, you confirm that you are either:

• Of legal age in your state or province of residence, or

• Of legal age in your state or province of residence and have granted your express consent for any minor dependents to utilize this website.

Acceptable Use:

Our products and services are intended for lawful and authorized purposes only. You agree to refrain from using the Service in any way that violates any applicable laws in your jurisdiction, including, but not limited to, copyright laws. Additionally, the transmission of any worms, viruses, or destructive code is strictly prohibited.

Consequences of Violation:

Any breach or violation of these Terms will result in the immediate termination of your access to our services.

Section 2: General Conditions

Right to Refuse Service:

We reserve the right, at our sole discretion, to refuse service to any customer for any reason and at any time.

Data Transmission:

You acknowledge that your content (excluding credit card information) may be subject to unencrypted transmission during the process of:

(a) Transmission over various networks (b) Necessary modifications to comply with technical requirements of connecting networks or devices.

It is important to note that credit card information is always encrypted during transfer over networks.

Restrictions on Use:

Without our express written permission, you agree to refrain from any of the following:

• Reproducing, duplicating, or copying any portion of the Service.

• Selling or reselling any aspect of the Service, use of the Service, or access to the Service (including any contact information on the website through which the service is provided).

• Exploiting any portion of the Service, use of the Service, or access to the Service.

Section 3: Information Accuracy, Completeness, & Timeliness

Disclaimer of Liability for Information Accuracy:

Mega IT Stores strives to provide accurate, complete, and up-to-date information on this website. However, we cannot be held responsible for any inaccuracies, omissions, or outdated information that may appear on the site.

Informational Purpose:

The content presented on this website, including images, is intended for general informational or illustrative purposes only. It should not be solely relied upon for decision-making without consulting more accurate, complete, or current primary sources. Mega IT Stores is not liable for any consequences arising from dependence on the materials presented on this site.

Historical Information:

This website may contain historical information, which by nature is not current and is provided for reference only. Mega IT Stores reserves the right to modify the content of the website at any time but assumes no obligation to update any outdated information.

Monitoring Changes:

You acknowledge that it is your responsibility to monitor our website periodically for any changes to the content.

Section 4: Modifications to Service & Pricing

Price Adjustments:

Mega IT Stores reserves the right to adjust product prices without prior notice.

Service Modifications and Discontinuations:

We reserve the flexibility to modify, discontinue, or suspend the Service (or any portion or content thereof) at any time without prior notification.

Limitation of Liability:

Mega IT Stores shall not be held liable to you or any third party for any modifications, price changes, suspensions, or discontinuations of the Service.

Section 5: Products & Services

Online Availability:

Certain products and services may be offered exclusively through our website. These online offerings may have limited quantities and are subject to return or exchange only according to our established Return Policy, which can be found on our website.

Product Representation:

We strive to display the colors and images of our products appearing on the website with the utmost accuracy. However, due to variations in computer monitor calibrations, we cannot guarantee the exact replication of colors on your screen.

Sales Limitations:

Mega IT Stores reserves the right, but is not obligated, to limit the sales of products or services to any specific person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis and reserve the right to limit the quantities of any products or services offered.

Product Descriptions and Pricing:

All product descriptions and pricing are subject to change at any time without prior notice, at the sole discretion of Mega IT Stores. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this website is void where prohibited.

Disclaimer of Warranties:

Mega IT Stores does not warrant that the quality of any products, services, information, or other materials purchased or obtained by you will meet your expectations, nor do we guarantee the correction of any errors within the Service.

Section 6: Billing & Account Accuracy

Order Acceptance and Modification:

Mega IT Stores reserves the right to refuse any order placement at our sole discretion. We may also limit or cancel quantities purchased per person, per household, or per order. These restrictions may extend to orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.

In the event that we modify or cancel an order, we will attempt to notify you via email or phone using the contact information provided at the time of order placement. Mega IT Stores reserves the right to limit or prohibit orders suspected, in our sole judgment, to be placed by dealers, resellers, or distributors.

Account Information Accuracy:

You agree to provide current, complete, and accurate billing and account information for all purchases made on our online store. You are also responsible for maintaining the accuracy of your account information, including email address, credit card numbers, and expiration dates, to ensure the smooth completion of transactions and enable us to contact you as necessary.

Section 7: Optional Third-Party Tools

Third-Party Tool Availability:

Mega IT Stores may occasionally offer access to third-party tools over which we maintain no oversight, control, or influence.

Disclaimer of Warranties and Liability:

You acknowledge and agree that we provide access to such tools on an “as is” and “as available” basis, free from any warranties, representations, or conditions of any kind, express or implied. Mega IT Stores assumes no liability arising from or related to your use of these optional third-party tools.

User Responsibility:

Any use by you of optional tools offered through our website is entirely at your own risk and discretion. You are responsible for ensuring you are familiar with and approve of the terms on which the tools are provided by the relevant third-party provider(s).

Future Services and Features:

We reserve the right to introduce new services and/or features through the website in the future, including the release of new tools and resources. Any such new additions will also be subject to these Terms of Service.

Section 8: Third-Party Links & Disclaimers

External Content and Websites:

Our website may contain content, products, and services that include materials from third-party sources. Additionally, third-party links on our site may direct you to websites that are not affiliated with Mega IT Stores.

Limited Control and Responsibility:

Mega IT Stores is not responsible for examining or evaluating the content or accuracy of third-party materials. We do not warrant or endorse any such materials, nor do we assume any liability or responsibility for third-party websites, products, or services.

User Caution Advised:

Mega IT Stores is not liable for any harm or damages arising from the purchase or use of goods, services, resources, content, or any other transactions conducted in connection with third-party websites. We encourage you to carefully review the policies and practices of any third-party provider before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the relevant third-party provider.

Section 9: User Submissions & Feedback

User Content and Ownership:

Mega IT Stores welcomes your comments, feedback, suggestions, and other submissions (collectively referred to as “Comments”). These submissions may be provided at our request (e.g., contest entries) or voluntarily (e.g., creative ideas, proposals). By submitting Comments, you grant Mega IT Stores the unrestricted, perpetual right to edit, copy, publish, distribute, translate, and otherwise use any Comments you submit to us in any media format.

No Obligation to Compensate or Respond:

We are under no obligation to:

• Maintain the confidentiality of any Comments.

• Provide compensation for any Comments submitted.

• Respond to any Comments submitted.

Content Monitoring and Removal:

While we reserve the right to monitor, edit, or remove content, we are not obligated to do so. However, we may take such actions if, in our sole discretion, we determine the content to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or if it violates any party’s intellectual property rights or these Terms of Service.

User Warranties:

You warrant that your Comments will not violate any third-party rights, including copyright, trademark, privacy, personality, or other personal or proprietary rights. Furthermore, you agree that your Comments will not be libelous, unlawful, abusive, obscene, or contain any computer virus or other malware that could affect the operation of the Service or any related website. You may not use a false email address, impersonate another person, or mislead us or third-parties regarding the origin of any Comments.

Sole Responsibility and Disclaimer of Liability:

You are solely responsible for the accuracy of any Comments you submit and any legal or other repercussions arising from them. Mega IT Stores assumes no responsibility or liability for any Comments posted by you or any third-party.

Section 10: Personal Information

Your Privacy Matters:

Mega IT Stores is committed to protecting your privacy. The personal information you entrust to us during your shopping experience is treated with the utmost care and security.

Dedicated Privacy Policy:

To ensure complete transparency, we’ve outlined a comprehensive Privacy Policy that details exactly how we collect, use, and safeguard your information.

This policy covers aspects like:

  • What information we collect: We only gather the essential details needed to process your orders, such as your name, shipping address, email address, and payment information.
  • How we use your information: Your information is primarily used to fulfill your orders, send important updates about your purchases, and provide you with relevant product recommendations (if you choose to opt-in).
  • Data security measures: We implement robust security practices to protect your information from unauthorized access, disclosure, alteration, or destruction.
  • Your control over your data: You have the right to access, update, or delete your personal information at any time. Our Privacy Policy details the steps involved in exercising this right.

Easy Access for Your Convenience:

For a complete understanding of our data practices, we encourage you to visit our dedicated Privacy Policy page located conveniently on our website. This readily accessible document provides all the information you need about how we handle your personal information.

By clearly outlining these details, we hope to demonstrate our commitment to earning and maintaining your trust.

Section 11: Errors, Inaccuracies, & Omissions

Potential for Errors:

We strive to maintain the accuracy of information presented on our website and within the Service. However, the possibility of occasional typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability cannot be entirely ruled out.

Right to Correction and Updates:

Mega IT Stores reserves the right to rectify any errors, inaccuracies, or omissions at any time without prior notice (including after an order has been submitted). This may involve changes or updates to information or the cancellation of orders if any information within the Service or on a related website is found to be inaccurate.

Disclaimer of Obligation to Update:

Mega IT Stores is not obligated to update, amend, or clarify information on the Service or any related website, including pricing information, except as required by law. The absence of a specific update or refresh date on the Service or a related website should not be interpreted as a guarantee that all information is current or error-free.

Section 12: Prohibited Uses

Acceptable Use Policy:

In addition to the terms outlined elsewhere in this agreement, you are prohibited from using our website or its content for the following purposes:

  1. Unlawful Activities: Any use that violates applicable laws or regulations, including international, federal, provincial, state, or local ordinances.   
  2. Intellectual Property Infringement: Any infringement upon or violation of our intellectual property rights or the intellectual property rights of others.
  3. Harassment and Discrimination: Engaging in harassment, abuse, insults, harm, defamation, slander, disparagement, intimidation, or discrimination based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.
  4. Submission of False Information: Providing false or misleading information.
  5. Malicious Code: Uploading or transmitting viruses or any other type of malicious code that could potentially affect the functionality or operation of the Service, related websites, other websites, or the internet.
  6. Privacy Violations: Collecting or tracking the personal information of others.
  7. Deceptive Practices: Spamming, phishing, pharming, pretexting, Spiering, crawling, or scraping.
  8. Obscene or Immoral Content: Utilizing the website for any obscene or immoral purpose.
  9. Security Interference: Interfering with or circumventing the security features of the Service, related websites, other websites, or the internet.

Enforcement:

Mega IT Stores reserves the right to terminate your access to the Service or any related website for violating any of these prohibited uses.

Section 13: Disclaimer of Warranties & Limitation of Liability

Disclaimer of Warranties:

Mega IT Stores does not offer any guarantees, representations, or warranties regarding the uninterrupted, timely, secure, or error-free nature of your use of our Service. Additionally, we do not warrant the accuracy or reliability of any results obtained through the use of the Service.

Service Interruptions and Cancellations:

You acknowledge that we may, at our discretion, remove the Service for indefinite periods or terminate the Service entirely at any time, without prior notice.

User Responsibility:

You expressly agree that your use of, or inability to use, the Service is undertaken solely at your own risk. The Service, along with all products and services delivered to you through the Service, is provided “as is” and “as available” for your use, without any representation, warranties, or conditions of any kind, express or implied. This includes, but is not limited to, all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

Limitation of Liability:

Under no circumstances shall Mega-IT Stores, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be held liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind. This includes, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether arising from contract, tort (including negligence), strict liability, or otherwise. This protection extends to damages resulting from your use of the Service or any products procured using the Service, or for any other claims related to your use of the Service or any products, including, but not limited to, any errors or omissions in content, or any loss or damage arising from the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of the possibility of such damages.

Jurisdictional Variations:

Certain states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such cases, the liability of Mega-IT Stores shall be limited to the maximum extent permitted by law.

Section 14: Indemnification

Legal Protections and User Responsibilities

At Mega-IT Stores, we strive to provide a secure and reliable platform for our customers.  This section outlines the legal framework that governs our service and your responsibilities as a user.

Hold Harmless Obligation: 

By using our website and services, you agree to certain terms that protect Mega-IT Stores and its affiliated entities from potential liabilities arising from your actions.

Indemnification: 

In simpler terms, you agree to take financial responsibility for any legal claims or demands brought against Mega-IT Stores, its parent company, subsidiaries, affiliates, and various partners, should these claims stem from your actions.

This includes any reasonable attorney fees incurred by Mega-IT Stores in defending such claims.

Scenarios of Coverage: 

There are two primary situations where this indemnification clause would come into play:

  1. Breach of Terms: If you violate the terms of service outlined by Mega-IT Stores, including any referenced documents, and this violation leads to a legal claim against Mega-IT Stores, you would be responsible for covering the associated costs.
  2. Third-Party Rights Infringement: Similarly, if your use of the Mega-IT Stores platform somehow infringes upon the legal rights of a third party (e.g., copyright infringement), and this infringement results in a lawsuit against Mega-IT Stores, you would be held responsible for the legal and financial consequences.

Importance of Responsible Use: 

This indemnification clause emphasizes the importance of using the Mega-IT Stores platform responsibly and in accordance with the established terms of service.  By following these guidelines, you play a vital role in maintaining a safe and legal environment for yourself and all users.

Section 15: Severability

Maintaining a Fair and Enforceable Agreement:

These Terms of Service establish the foundation for a smooth and secure shopping experience at Mega IT Stores. We strive to ensure all provisions within this agreement are clear, fair, and enforceable under applicable laws.

Unforeseen Circumstances:

In the rare instance that a specific provision within these Terms of Service is deemed unlawful, void, or unenforceable by a court of law, here’s what happens:

  1. Severability: The specific provision in question will be separated from the remaining Terms of Service. This ensures the overall agreement’s validity and enforceability are not compromised.
  2. Remaining Provisions Intact: All other provisions within the Terms of Service will continue to be fully enforceable, upholding the core principles of our agreement with you.
  3. Adapting to Legal Landscape: We continuously monitor legal developments to ensure our Terms of Service remain compliant. If necessary, we may revise specific provisions to maintain enforceability and best practices.

Why This Matters:

This enforceability clause safeguards both Mega IT Stores and our valued customers. It ensures a clear understanding of our rights and responsibilities, even if unforeseen legal situations arise.  By maintaining a legally sound agreement, we can continue to provide a reliable and secure shopping experience for everyone.

Section 16: Termination

Effect of Termination:

The obligations and liabilities of both parties incurred prior to the termination of this agreement shall survive the termination and remain enforceable for all purposes.

Termination by User or Mega-IT Stores:

These Terms of Service will remain in effect until terminated by either you or Mega-IT Stores. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or by simply ceasing to use our website.

Termination by Mega-IT Stores for Cause:

Mega-IT Stores reserves the right, in its sole discretion, to terminate this agreement at any time without notice if you fail, or we suspect you have failed, to comply with any term or provision of these Terms of Service. In the event of such termination, you will remain liable for all amounts due up to and including the date of termination. Mega-IT Stores may also, at its discretion, deny you future access to our Services (or any part thereof).

Section 17: Entire Agreement

Waiver:

The failure of Mega-IT Stores to exercise or enforce any right or provision stipulated within these Terms of Service shall not be interpreted as a waiver of such right or provision.

Comprehensiveness and Supersedence:

These Terms of Service, along with any policies or operational rules posted by us on this website or concerning the Service, constitute the entire agreement and understanding between you and Mega-IT Stores. These terms govern your use of the Service and supersede any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Interpretation:

Any ambiguities arising from the interpretation of these Terms of Service shall not be construed to the disadvantage of the party that drafted them.

Section 18: Governing Law

Legal Framework for Our Transactions

Mega IT Stores operates under a legal framework that ensures fairness and clarity for both you and us.  This section outlines the governing law that applies to these Terms of Service and any additional agreements related to the services we provide.

The Laws of South Africa Apply

These Terms of Service, along with any separate agreements entered into for specific services, are governed by and interpreted in accordance with the laws of South Africa. This legal framework provides a well-established system for resolving any potential disputes that may arise.

Why South African Law?

Choosing South African law allows us to maintain consistent policies and practices across our operations within the country. Additionally, it ensures familiarity with the legal environment for both Mega IT Stores and our customers residing in South Africa.

Benefits of a Defined Legal Framework

Having a clear governing law establishes a common ground for resolving any legal issues efficiently and fairly.  It provides a framework for enforcing the terms of our agreement and protects the rights of both parties.

By outlining the governing law, we aim to foster transparency and trust in our business practices.

Section 19: Revisions to Terms of Service

Accessing Current Terms:

The most recent version of these Terms of Service is always available for your review on this webpage.

Right to Modify:

Mega-IT Stores reserves the right, at our sole discretion, to update, modify, or replace any portion of these Terms of Service. These updates and changes will be posted directly on our website.

User Responsibility for Monitoring Changes:

It is your responsibility to periodically check our website for any revisions to the Terms of Service. Your continued use of or access to our website or the Service following the posting of any changes constitutes your acceptance of those revisions.

Section 20: Contact Information

Protecting Your Privacy and Staying Connected

At Mega IT Stores, we value your privacy and security. The contact information you provide during the checkout process, such as your email address and phone number (if applicable), is used solely for order fulfillment and communication purposes.

Here’s how we ensure your information is handled responsibly:

  1. Order Fulfillment: We use your contact details to confirm your order, send shipping updates, and provide any necessary notifications related to your purchase.
  2. Customer Support: Your contact information allows our friendly customer service representatives to assist you efficiently with any inquiries or concerns you may have.
  3. Optional Marketing Communications: (If applicable) With your permission, we may use your email address to send occasional newsletters or promotional offers featuring exciting new products, deals, and tech updates. You can always opt-out of these communications at any time.

Staying Connected:

We believe in open communication and are here to help in any way we can.  For any questions or inquiries regarding these Terms of Service, feel free to reach out to us through the following methods:

  1. Email: Our dedicated customer service team is available to respond to your inquiries via email at online@mega-it.co.za.
  2. Website Contact Form: You can also conveniently submit your questions or requests through our website’s contact form.
  3. Social Media: Follow us on social media for the latest tech news, updates, and to connect with our community.

We’re committed to providing exceptional customer service and a positive shopping experience.  Don’t hesitate to contact us if you have any questions!

Section 21: User Privacy & the Promotion of Access to Information Act ( POPI ACT)

Commitment to User Privacy:

Mega IT Stores is firmly committed to safeguarding the personal information of its users. We define “personal information” in accordance with the Promotion of Access to Information Act (PAIA) No. 2 of 2000 (South Africa).

Accessibility of POPI:

For your reference, the full text of the POPI Act can be accessed online at the following resource: https://popia.co.za/

Section 22: Revisions to Agreement

Right to Modify:

Mega IT Stores reserves the right, at our sole discretion, to revise this agreement or any portion thereof. These revisions may be made at any time without prior notice.

User Responsibility:

We encourage you to periodically review this agreement for any updates. Your continued use of our website or Services constitutes your acceptance of any such revisions.

Section 23: Governing Law & Dispute Resolution

Jurisdiction:

This website and all agreements entered into through this website are subject to the laws of South Africa.

Dispute Resolution Venue:

For the purpose of any legal proceedings, notices, or other communications arising from or related to this agreement, Mega IT Stores designates its place of business at Unit 8 & 9, Cine Centre, 15 Van Riebeeck Ave, Edenvale, 1609, South Africa, as its domicilium citandi et executandi.

Note: This revised section clarifies the legal framework for resolving disputes and avoids using overly technical legal terms like “domicilium citandi et executandi.” It focuses on the key concepts of governing law and venue for dispute resolution.

Section 24: Company Information

Proprietor:

This website is operated by Mega IT Stores CC, a close corporation based in South Africa.

Trading Name:

Mega IT Stores CC conducts business under the trading name “Mega IT Stores.”

Company Registration:

Mega IT Stores CC is registered in South Africa with registration number 1998/008955/23.

Owner:

Samuel Bester serves as the owner of Mega IT Stores CC.