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Last Update 01 February 2020


This is a legal document which is the agreement between you, the Customer (hereinafter referred to as “you”, “your” or the “Customer” in this Agreement) and Raven Branding Solutions (Pty) Ltd t/a Q-Masters (a Private Company, duly registered as such in terms of the relevant laws of the Republic of South Africa and having Registration Number 2015/012049/07 with its principle place of business situated at Shop 5, 17 Palmfield Road, Springfield Park, Durban, South Africa).

Q-Masters is an online portal that will allow access to trade.

These Terms and Conditions should be read carefully. By browsing, accessing or using this website or by using any facilities or services made available through it or by transacting through or on it, you acknowledge and confirm that you have read all of the terms of this Policy and our Website’s Terms and Conditions, and that you understand, accept and agree to be bound by all the provisions contained in this Policy and the Terms and Conditions as contained on our Website.

Should you not agree to be bound by any of these terms and conditions and by our privacy policy, kindly exit this page and do not access or use our Website.

Our Terms and Conditions set forth the terms you are bound to when using/accessing our website, including but not limited to usage, information, transactions, purchase, delivery, cancellation, dispute resolution and contact details.

These Terms and Conditions are reviewed from time to time and may be amended at our sole discretion, in whole or part, to ensure that it complies with Legislation enacted from time to time.

Therefore, by continuing to use or access our Website following any amendments that may have been implemented, it shall be deemed that you have agreed to such amendments. Accordingly, we recommend that you review this page frequently so that you are aware of any amendments. Should you wish not to be bound to the amended Terms and Conditions you may furnish us with written notice by fax or email to terminate this agreement.

Should we decide to amend our Terms and Conditions, we will post those amendments on this page and/or send an email notifying you of any changes (if we have your email address), and/or update the Terms and Conditions modification date on this page. 

    1. In this Agreement, unless inconsistent with or otherwise indicated by the context –
      1. “the/this Agreement” means the Privacy Policy and Terms and Conditions incorporated on  this website;
      2. “Merchant” means a third party seller of goods and services who may from time to time supply us with goods and/or services that we may sell on this website.
      3. “Business day” means a day which is not a Saturday, Sunday or official public holiday in the Republic of South Africa;
      4. “Claim/s” means any claim of whatsoever nature;
      5. “the Company” Raven Branding Solutions (Pty) Ltd t/a Q-Masters (a Private Company, duly registered as such in terms of the relevant laws of the Republic of South Africa and having Registration Number 2015/012049/07 with its principle place of business situated at Shop 5, 17 Palmfield Road, Springfield Park, Durban, South Africa);
      6. “Law” means any law of general application and includes the The Constitution, The Common Law and any Statute (Legislation), Decree, Treaty, Regulation, Directive, Ordinance, By-law, Order or any other enactment or legislative measure of government (including local and provincial government) statutory or regulatory body which has the force of law within the Republic of South Africa;
      7. “Person” means any Person, Company, Close Corporation, Trust, Partnership or other entity whether or not having separate legal personality;
      8. “Party/Parties” means Raven Branding Solutions (Pty) Ltd t/a Q-Masters and any other person/individual or entity that uses or accesses our Website and/or purchases goods and services from us.
      9. “Products” means goods and/or services offered by a particular Merchant which are sold and displayed on our Website;
      10. “Purchase” means the purchase of any item or service on/from our website;
      11. “Purchaser/Consumer” means any person/individual or entity that uses or accesses our Website and utilises the services thereon;
      12. “Register/Registration” means create an account on our Website/the action of creating an account on our Website;
      13. “Service” means all or any of the services provided by Raven Branding Solutions (Pty) Ltd t/a Q-Masters via the Website or via other electronic or other communication from Raven Branding Solutions (Pty) Ltd t/a Q-Masters, including but not limited to the information services, content and transaction capabilities on the Website and the ability to make a Purchase;
      14. “Website” means the Q-Masters Website (www.qmasters.co.za) and any auxiliary website supplementary to our main website.
      15. any reference to –
        1. the singular includes the plural and vice versa;
        2. natural persons includes juristic persons and vice versa;
        3. any one sex or gender includes the other sexes or genders, as the case may be; and
        4. any Law means the relevant enactment or legislative measure as at the signature date and as amended or re-enacted from time to time within the Republic of South Africa.
      16. If any provision in a definition is a substantive provision conferring rights or imposing obligations on any party, notwithstanding that it is only in the definitive clause, effect shall be given to it as if it were a substantive provision in the body of the Agreement.
      17. When any number of days is prescribed in this Agreement, same shall be reckoned exclusively of the first and inclusively of the last day unless the last day falls on a Saturday, Sunday or public holiday, in which case the last day shall be the next succeeding day which is not a Saturday, Sunday or public holiday; in which case the last day shall be the next day succeeding day which is not a Saturday, Sunday or Public Holiday.
      18. Where any term is defined within the context of any particular clause in this Agreement, the term so defined, unless it is clear from the clause in question that the term so defined has limited application to the relevant clause, shall bear the meaning ascribed to it for all purposes in terms of this Agreement, notwithstanding that that term has not been defined in this interpretation clause.
      19. The expiration or termination of this Agreement shall not affect such of the provisions of this Agreement as expressly provided that they will operate after any such expiration or termination or which of necessity must continue to have effect after such expiration or termination, notwithstanding that the clauses themselves do not expressly provide for this.
      20. The rule of construction that the contract shall be interpreted against the party responsible for the drafting or preparation of the agreement, shall not apply.
      21. The use of uppercase or lower case shall not have any impact on the meaning ascribed to any term used in this Agreement, notwithstanding whether such term has or has not been defined in this interpretation clause.
    1. Our website i.e. www.qmasters.co.za is owned, operated and directed by Raven Branding Solutions (Pty) Ltd t/a Q-Masters (a Private Company, duly registered as such in terms of the relevant laws of the Republic of South Africa and having Registration Number 2015/012049/07 with its principle place of business situated at Shop 5, 17 Palmfield Road, Springfield Park, Durban, South Africa).
    2. We have referred to the aforementioned enterprise in this document as “Q-Masters”, “us”, “we”, or “our”)
    3. We are dedicated, devoted and committed to keeping you informed of your rights and obligations in respect of the usage of our website and when transacting with us and accordingly our legal team have developed these Terms & Conditions.
    4. The terms and Conditions contained herein are in accordance with the Electronic Communications and Transactions Act No. 25 of 2002, the National Credit Act No. 34 of 2005, the Consumer Protection Act No. 68 of 2008, and all other applicable legislation enacted in South Africa from time to time.
      1. By browsing, accessing or using this website or by using any facilities or services made available through it or by transacting through or on it, you acknowledge and confirm that you have read all of the terms of this Policy and our Website’s Terms and Conditions, and that you understand, accept and agree to be bound by all the provisions contained in this Policy and the Terms and Conditions as contained on our Website.
    2. AGE
      1. To purchase any products or services on our Website or to enter into any legally binding transaction in respect of our Website or related thereto you, must be at least 18 (Eighteen) years old.
      2. By entering into any transaction with us you consent that you are at least 18 (Eigteen) years old.
      3. Should you be under the age of 18 (Eighteen) it shall be deemed that your parent/s or legal guardian/s have provided you with consent to enter into any transaction on our website and accordingly we shall not be held liable for any claim arising should we be misled in this regard.
      1. The Website and Services contained thereon including any Purchase is directed solely at those who access the Website from the Republic of South Africa.
      2. We make no representation that the Service (or any goods or services) are available or otherwise suitable for use outside of the Republic of South Africa.
      3. Should you choose to access the Website (or use the Service or make a Purchase) from locations outside the Republic of South Africa, you do so at your own initiative and are accordingly responsible for the consequences and for compliance with all applicable laws relating thereto.
      1. We reserve the right to prevent you from using our Website in its entirety and to prevent you from making any purchases or entering into any transactions.
      2. we decide to enforce our rights in terms of clause 3.4.1 hereinabove, you may request reasons for preventing you from using our website in writing within 5 (Five) days after so being prevented, which reasons shall be furnished to you within 14 (Fourteen) days from the date upon which your request has been received.
      1. The use of the Website, Services thereon, making any Purchase or entering into any transaction with us, does not include the provision of a computer or any other necessary equipment to access the Website, Service, making of any Purchase.
      2. We shall not be liable for any telephone costs, telecommunications costs or other costs that you may incur when using our Website or Service or to make a Purchase and/or to transact with us.
    1. We require you to register and create an account to purchase a product or service advertised on our website. Your account allows you to view your past purchases and your account settings, such as username, email address and preferences.
    2. It is not necessary to register in order to use much of the functionality of our Website. However, you are required to register in order to make a purchase from our Website. This allows us to provide you with easy access to print your orders, view your past purchases and modify your preferences.
    3. We reserve the right to decline a new registration or to cancel any account at any time.
    4. During registration you will allocate a password to your account so that you may access your account. This password should be kept confidential and you should immediately notify us if any unauthorised third party becomes aware of your password or if there is any unauthorised use of your email address or any breach of security known to you.
    5. You agree that any person to whom your user name or password is disclosed is authorised to act as your agent for the purposes of using (and/or transacting via) the Service and our Website. Please note that you are entirely responsible if you do not maintain the confidentiality of your password.
    6. All accounts must be registered with a valid email address that you access regularly, so that, among other things, moderation emails can be sent to you.
    7. Any account which has been registered with someone else’s email address or with a temporary email addresses may be closed without any further notice. We may require users to re-validate their accounts if we believe they have been using an invalid email address.
    8. We reserve the right to cancel or close any account of any user at any given time at our sole discretion.
    1. The price of the product or service advertised is inclusive of VAT but it excludes delivery charges.
    2. When you place an order to purchase a product or service on our website, we will send you an email confirming that we have received your order.
    3. Once we have received confirmation of payment from your bank (you must request this), the order will be reflected on your account and will be processed.
    4. All payments must be made as follows either by a Visa or Master debit/credit card using the PayFast Payment Link.
    5. If in any event that your credit card or debit card has been charged over the amount that had to be paid, please note that this is not in our control and we will pass on a credit for the amount that has been over charged to your Q-Masters account. If the credit amount is over R100 worth of value because of the overcharge accumulative we will then make a payment of the amount of the credit owing by you providing us with your banking details.
    1. In order to ensure delivery of the products that you have ordered, you must ensure that you furnish us with the correct delivery address. Your order will be forwarded to our courier service who will be responsible to ensure that your product reaches you. Should you furnish us with the incorrect details, we will not be held responsible for you not receiving your order timeously or at all and additional costs pay apply which will be for your account.
    2. In most instances and generally, orders placed shall be delivered within 7 days from the date that such order has been placed.
    3. However, we cannot guarantee that your order will reach you within 7 days from the date of being placed since it is subject to availability and hence an order may take slightly longer then 7 days to reach you.
    4. Should you include an item that is on backorder in your cart, all items ordered will be sent once the backorder item arrives. Kindly note that we do not dispatch in two batches, unless specifically requested by the client where the client bears all additional courier costs.
    5. Should your items not reach you within 30 days after your order has been placed, we will gladly refund you should you request a refund.
    6. Additional charges may apply to on bulky and / or overweight orders and on outlying areas. Should this be applicable to an order placed on our website, a sales representative will contact you to make payment for the additional charges before the order will be accepted and processed.
    1. You are entitled to cancel any purchase of any product or service within 7 days from which they were delivered. Once the 7 day period has expired you will not be entitled to cancel any purchase.
    2. Should you elect to cancel any transaction as described in clause 7.1. hereinabove, you shall be held liable for a 10% handling fee as well as other related costs such as courier cost.
    3. Q-Masters reserves to right to cancel any order at their sole discretion. You will receive a full refund within 7 days should Q-Masters cancel the order.
    1. We are not the supplier of the product or service advertised on our website and therefore we cannot take any responsibility for any harm which you may suffer (such as injury, illness, damage or loss of your property or any consequential or other loss) due to the use of the product or service.
    2. You indemnify us against any loss, liability or cost incurred by you arising out of any claims or legal proceedings which are brought or threatened against us by any person arising from your use of the Service or Website, the use of the Service or Website through your password and/or any breach of this Agreement by you.
    1. Neither party hereto shall be responsible for any losses or damages to the other occasioned by delays in the performance or non-performance of any of said party’s obligations when caused by Acts of God, strike, acts of war, inability of supplies or material or labour or any other cause whatsoever beyond the reasonable control of the said party
    1. Subject to the provisions of this Agreement, the Consumer shall not be entitled to pledge, cede, make over or assign his/her rights and/or obligations in terms hereof without the prior written consent of the Company.
    1. We implement a variety of security measures to maintain the safety of your personal information when you place an order or enter, submit, or access your personal information.
    2. We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway providers database only to be accessible by those authorized with special access rights to such systems, and are required to keep any information contained therein confidential.
    3. After a transaction has been concluded, your private information (credit cards, financials, etc.) will be kept on file or stored on our database for a period not exceeding 3 (Three) years after it is last accessed or used by us.
    4. Data transmission over the internet can never be warranted to be entirely secure. Whilst we may take all reasonable steps and precautionary measures to safeguard your personal information, we may be unable to prevent unauthorised access to such information by third parties or inadvertent disclosure of such information during transit and we are not responsible for any actions taken by such third parties. You acknowledge and accept taking this risk when communicating with and transacting on our Website.
    1. Kindly read our Privacy Policy which forms part of these Terms and Conditions and is readily available on our Website
    1. All intellectual property rights (including all copyright, patents, trade marks, service marks, trade names, designs (including the “look and feel” and other visual or non-literal elements)) whether registered or unregistered) in the Website and Service, information content on the Website or accessed as part of the Service, any database operated by us and all the website design, text and graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software shall remain our property or that of our licensors.
    2. You shall not attempt to, obtain any title to any such intellectual property rights. All rights are reserved
    3. None of the material listed may be reproduced or redistributed or copied, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, sold, rented or sub-licensed, used to create derivative works, or in any way exploited without our prior express written permission.
    4. You may, however, retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not on any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices.
    5. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website without our written permission.
    6. All rights (including goodwill and, where relevant, trade marks) in Raven Branding Solutions (Pty) Ltd t/a Q-Masters are owned by us (or our licensors).
    7. Other products and company names mentioned on the Website are the trade marks or registered trade marks of their respective owners.
    8. Title, ownership rights and intellectual property rights in and to the content accessed using the Service is the property of the applicable content owner or Merchant and may be protected by applicable copyright or other law. The Agreement gives you no rights to such content.
    9. The authors of the literary and artistic works in the pages in the Website have asserted their moral rights to be identified as the author of those works.
    10. Any material you transmit or post or submit to the Website (or otherwise to us) shall be considered (and we may treat it as) non-confidential and non-proprietary, subject to our obligations under data protection legislation.
    11. If for any reason, any part of that statement does not work as a matter of law, then for anything which you supply to us from whatever source (i.e. via email, the Website or otherwise) you grant us a royalty-free, perpetual, irrevocable, non-exclusive right to use, copy, modify, adapt, translate, publish and distribute world-wide any such material.
    12. All comments, suggestions, ideas, notes, drawings, concepts or other information: (i) disclosed or offered to us by you; or (ii) in response to solicitations by us regarding the Service or the Website; (in each foregoing case, these are called “Ideas”) shall be deemed to be and shall remain our property and you hereby assign by way of present and future assignment all intellectual property rights in Ideas, to us. You understand and acknowledge that we have both internal resources and other external resources which may have developed or may in the future develop ideas identical to or similar to Ideas and that we are only willing to consider Ideas on these terms. In any event, any Ideas are not submitted in confidence and we assume no obligation, express or implied by considering it. Without limitation, we shall exclusively own all now known or hereafter existing rights to the Ideas of every kind and nature throughout the world and shall be entitled to unrestricted use of the Ideas for any purpose whatsoever, commercial or otherwise without compensation to the provider of the Ideas
    1. Occasionally, at our discretion, we may include or offer third party products or services on our website. These third party sites have separate and independent privacy policies. We therefore take no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.
    1. The Agreement/terms and conditions and/or any dispute arising therefrom shall be governed by the Laws of the Republic of South Africa.
    2. The Parties shall, in the event that a dispute arises firstly attend to resolve the dispute through mediation by contacting our legal team, the details of which are provided for hereunder in clause 22, to arrange for such mediation, failing which the matter shall be resolved in accordance with clause 24 herein below.
    1. The email address/es which you provide for order processing and/or registration, may be used for one or more of the following purposes:
      1. To send you information and updates pertaining to your order or use of our service;
      2. To send you information pertaining to your account details and/or status;
      3. To send you occasional news, updates, related to our Website;
      4. To send you promotional emails;
      5. To offer you additional services related to Raven Branding Solutions (Pty) Ltd
      6. To remind you of the services we offer.
    2. Kindly note that If at any time you would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email as well as an account review in which you may specifically indicate as to which communications you would like to receive and those which you would elect to exclude.
    1. Each party warrants and represents that it has the full right and authority to enter into this agreement and that it is not aware of any impediment which would inhibit its ability to perform the terms and conditions imposed on him/her/it.
  15. WAIVER
    1. No waiver of any of the terms and conditions contained on this website will be binding for any purpose unless expressed in writing on this website and any such waiver will be effective only in the specific instance and for the purpose given. No failure or delay on the part of either Party in exercising any right, power or privilege will operate as a waiver, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege
    2. The failure of either party to comply with any non-material provision of this agreement/terms and conditions shall not excuse the other party from performing the latter’s obligations hereunder fully and timeously.
    1. The terms and conditions contained herein constitutes the whole of the terms of use/agreement relating to the subject matter thereof, and no amendment, alteration, addition, variation or consensual cancellation will be of any force or effect unless contained and altered on the website.
    2. The terms of use are conditional upon the customer accepting that no other terms or conditions, whether oral or written, and whether express or implied, apply.
    1. In the event that any of the clauses of this agreement/terms and conditions are found to be invalid, unlawful or unenforceable, such clause(s) will be severable from the remaining clauses of this agreement/terms and conditions, which will continue to be valid and enforceable. If any invalid clause is capable of amendment to render it valid and enforceable to achieve the same objective as the invalid clause, the Parties agree to negotiate an amendment to remove the invalidity.