This website can be accessed at ctmaritime.co.za, related mobile sites and software applications (the “Website”) and is owned and operated by Alet Lambert Music cc.
These Website Terms and Conditions (“Terms and Conditions”) govern the ordering, sale and delivery of Goods, and the use of the Website.
These Terms and Conditions are binding and enforceable against every person that accesses or uses this Website (“you”, “your” or “user”). By using the Website you acknowledge that you have read and agree to be bound by these Terms and Conditions.
The Website enables you to shop online for maritime services (“Goods”).
When you use our Website, notwithstanding your geographic location, you do so in accordance with these Terms and Conditions and provided that any delivery address, including for returns collections, is a delivery address within the borders of the Republic of South Africa.
Important Notice
These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).
These Terms and Conditions contain provisions that appear in similar text and style to this clause and which –
may limit the risk or liability of Cape Town Maritime College or marineengineering.co.za; and/or
may create risk or liability for the user; and/or
may compel the user to indemnify Cape Town Maritime College or marineengineering.co.za; and/or
serves as an acknowledgement, by the user, of a fact.
Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.
If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask Cape Town Maritime College or marineengineering.co.za to explain it to you before you accept the Terms and Conditions or continue using the Website.
Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or Cape Town Maritime College / marineengineering.co.za in terms of the CPA.
Cape Town Maritime College and marineengineering.co.za permits the use of this Website(s) subject to the Terms and Conditions. By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to the Terms and Conditions.
Returns
Please refer to our Returns Policy for more information about returning products (and related refunds, replacements or repairs). The Returns Policy is incorporated by reference (which means that it forms part of these Terms and Conditions).
Conclusion of sales and availability of stock
NOTE: Cape Town Maritime College or marineengineering.co.za will indicate the acceptance of your order by delivering the Goods to you or allowing you to collect them. Cape Town Maritime College or marineengineering.co.za will indicate the rejection of your order (by Cape Town Maritime College or marineengineering.co.za itself) by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.
Prior to delivery or your collection of the Goods, you may cancel an order at any time provided you do so before receiving a dispatch or delivery notice. After delivery or your collection of the Goods, you may return the Goods only in accordance with the Returns Policy.
Placing Goods in a wish list or shopping basket without completing the purchase cycle does not constitute an order for such Goods, and as such, Goods may be removed from the shopping basket if stock is no longer available or the price thereof might change without notice to you. You cannot hold Cape Town Maritime College or marineengineering.co.za liable if such Goods are not available or are not available at the particular price when you complete or attempt to complete the purchase cycle at a later stage.
You acknowledge that stock of all Goods on offer is limited and that pricing may change at any time without notice to you. In the case of Goods for sale by Cape Town Maritime College or marineengineering.co.za, Cape Town Maritime College or marineengineering.co.za will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are discontinued on the Website. However, we cannot guarantee the availability of stock. When Goods are no longer available after you have placed an order, Cape Town Maritime College or marineengineering.co.za will notify you and you will be entitled to a refund of any amount already paid by you for such Goods.
Certain Goods may not be purchased for re-sale. Should we suspect that any such Goods are being purchased for sale, we are entitled to cancel your order immediately on notice to you.
Payment
We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
Payment may be made for Goods via the following methods (depending on its availability and/or your eligibility to use such a method) –
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 Goods will be cancelled. You warrant that you are fully authorised to use the credit card supplied for purposes of paying the Goods. 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;
direct bank deposit or electronic funds transfer: if you pay via direct bank deposit or electronic funds transfer, payment must be made within 5 (five) days of placing your order. Cape Town Maritime College or marineengineering.co.za will not accept your order if payment has not been received;
Instant EFT;
cash on delivery – by selecting this option, you undertake to ensure that you have the exact cash on hand at the time of delivery.
You may contact us to obtain a full record of your payment. We will also send you email communications about your order and payment.
Once you have selected your payment method (save for cash on delivery or direct bank deposit), you will be directed to a link to a secure site for payment of the applicable purchase price for the Goods.
Delivery of goods
Cape Town Maritime College or marineengineering.co.za offers 2 (two) methods of delivery of Goods to you. You may elect delivery via:
courier; or
self-collection.
Our delivery charges are subject to change at any time, without prior notice to you. You will see the applicable delivery charges in your cart when you check out.
Where it accepts your order, Cape Town Maritime College or marineengineering.co.za will deliver the Goods to you as soon as reasonably possible, but no later than 30 (thirty) days of receipt of your payment (“Delivery Period”). We will notify you if we are unable to deliver the Goods during the Delivery Period. You may then, within 7 (seven) days of receiving such notification elect whether or not to cancel your order for the Goods. If you elect to cancel your order, we will reimburse you for the purchase price.
Cape Town Maritime College or marineengineering.co.za obligation to deliver a product to you is fulfilled when we deliver the product to the physical address nominated by you for delivery of the order. Cape Town Maritime College or marineengineering.co.za is not responsible for any loss or unauthorised use of a product, after it has delivered the product to the physical address nominated by you.
Errors
We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Goods on the Website. However, should there be any errors of whatsoever nature on the 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, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid, or otherwise as set out in the Returns Policy.
Online Courses
An “Online Course” is a form of distance learning which allows you to develop your skills and knowledge on a certain topic, via the internet. In order to complete an online course, you need to have your own email account and access to the internet.
Privacy policy
We respect your privacy and will take all reasonable measures to protect it.
Changes to these Terms and Conditions
Cape Town Maritime College or marineengineering.co.za may, in its sole discretion, change any of these Terms and Conditions at any time. It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes. Should you not be satisfied, you must not place any further orders on, or in any other way use, the Website.
Any such change will only apply to your use of this Website after the change is displayed on the Website. If you use the Website after such amended Terms and Conditions have been displayed on the Website, you will be deemed to have accepted such changes.
Ownership and copyright
The contents of the Website, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in this Website (“Website Content”) are protected by law, including but not limited to copyright and trade mark law. The Website Content is the property of Cape Town Maritime College or marineengineering.co.za, its advertisers and/or sponsors and/or is licensed to Cape Town Maritime College or marineengineering.co.za.
You will not acquire any right, title or interest in or to the Website or the Website Content.
Any use, distribution or reproduction of the Website Content is prohibited unless expressly authorised in terms of these Terms and Conditions or otherwise provided for in law.
Where any of the Website Content has been licensed to Cape Town Maritime College or marineengineering.co.za or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.
Disclaimer
The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website.
Whilst Cape Town Maritime College or marineengineering.co.za takes reasonable measures to ensure that the content of the Website is accurate and complete, Cape Town Maritime College or marineengineering.co.za makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website. If any such representations or warranties are made by Cape Town Maritime College or marineengineering.co.za representatives, Takealot shall not be bound thereby.
Cape Town Maritime College or marineengineering.co.za disclaims liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Website and/or any content therein unless otherwise provided by law.
In addition to the disclaimers contained elsewhere in these Terms and Conditions, Cape Town Maritime College or marineengineering.co.za also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of Cape Town Maritime College or marineengineering.co.za, its employees, agents or authorised representatives. Cape Town Maritime College or marineengineering.co.za thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in in connection with your access to or use of the Website.
Limitation of liability
Cape Town Maritime College or marineengineering.co.za cannot be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website, save where such liability arises from the gross negligence or wilful misconduct of Cape Town Maritime College or marineengineering.co.za, its employees, agents or authorised representatives.
Cape Town Maritime College or marineengineering.co.za SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES WHICH MIGHT ARISE FROM YOUR USE OF, OR RELIANCE UPON, THE WEBSITE OR THE CONTENT CONTAINED IN THE WEBSITE; OR YOUR INABILITY TO USE THE WEBSITE, AND/OR UNLAWFUL ACTIVITY ON THE WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.
YOU HEREBY INDEMNIFY Cape Town Maritime College or marineengineering.co.za AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD PARTY ARISING IN ANY WAY FROM YOUR USE OF THIS WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.
Availability and termination
We will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and are entitled to discontinue providing the Website or any part thereof with or without notice to you.
Cape Town Maritime College or marineengineering.co.za may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that Cape Town Maritime College or marineengineering.co.za will not be liable to you in the event that it chooses to suspend, modify or terminate this Website other than for processing any orders made by you prior to such time, to the extent possible.
If you fail to comply with your obligations under these Terms and Conditions, including any incident involving payment of the price of an order for any Goods, this may (in our sole discretion with or without notice to you) lead to a suspension and/or termination of your access to the Website without any prejudice to any claims for damages or otherwise that we may have against you.
Cape Town Maritime College or marineengineering.co.za is entitled, for purposes of preventing suspected fraud and/or where it suspects that you are abusing the Website (including suspending or terminating your access to the Website), refuse to accept or process payment on any order, and/or to cancel any order concluded between you and Cape Town Maritime College or marineengineering.co.za, in whole or in part, on notice to you. Cape Town Maritime College or marineengineering.co.za shall only be liable to refund monies already paid by you, and accepts no other liability which may arise as a result of such blacklisting and/or refusal to process any order.
At any time, you can choose to stop using the Website, with or without notice to Cape Town Maritime College or marineengineering.co.za.
Governing law and jurisdiction
These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.
In the event of any dispute arising between you and Cape Town Maritime College or marineengineering.co.za for the Sale of goods, you agree that the Sale occurs in the Western Cape and you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Western Cape Division, Cape Town) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
Nothing in this clause 23 or the Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.
Notices
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 Cape Town Maritime College or marineengineering.co.za not less than 7 days’ notice in writing.
Notices must be sent either by hand, prepaid registered post, or email and must be in English. All notices sent –
by hand will be deemed to have been received on the date of delivery;
by email will be deemed to have been on the date indicated in the “Read Receipt” notification. ALL EMAIL COMMUNICATIONS BETWEEN YOU AND US MUST MAKE USE OF THE “READ RECEIPT” FUNCTIONto serve as proof that an email has been received.
Complaints
If you have a complaint about the goods or services provided by us or require information regarding our internal complaints-handling process.
If we are unable to resolve your complaint to your satisfaction or we cannot resolve your complaint within 15 (fifteen) business days of you having notified us of it, you can approach the Consumer Goods and Services Ombud (“CGSO”) to assist in resolving the complaint.
Information
For the purposes of the ECT Act, Cape Town Maritime College or marineengineering.co.za information is as follows, which should be read in conjunction with its product descriptions and other terms and conditions contained on the Website:
Full name: Alet Lambert Music cc (Trading as Cape Town Maritime College and marineengineering.co.za, a private company registered in South Africa with registration number 2007/122094/23
Main business: Maritime Sector Educational Services
Physical address for receipt of legal service (also postal and street address): Unit 2B, Foregate Park, 1 Harbour Roar, Foreshore, Cape Town
Office bearers: Derek & Alet Lambert
Phone number: +27 84 250 0221
Email address: info@ctmaritime.co.za
General
Cape Town Maritime College or marineengineering.co.za may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the Website or the user’s right to use the Website or any of its contents subject to us processing any orders then already made by you.
You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.
Any failure on the part of you or Cape Town Maritime College or marineengineering.co.za to enforce any right in terms hereof shall not constitute a waiver of that right.
If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.
No indulgence, extension of time, relaxation or latitude which any party (the “grantor”) may show grant or allow to the other (the “grantee”) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.
These Terms and Conditions contain the whole agreement between you and Cape Town Maritime College or marineengineering.co.za and no other warranty or undertaking is valid, unless contained in this document between the parties.
