Agreement
Tiger Square (Pty) Ltd Trading As Fours Cash & Carry Distribution Center (“the Company” / “us“ / “we“) is the owner of www.foursonline.co.bw (“the website”). Website is used to sell products that the Company trade in.
You accessing the website is an acknowledgement that you have read and understood Terms & Conditions as well as policies setout on this Site and Agree to be bound by these Terms & Conditions as well as its Policies (collectively “the Agreement”).
For whatever reasons should you choose not to accept and or to agree with the Terms & Conditions and of the Policies of the Website, please refrain from using the Website.
General Information
· Company name Tiger Square (PTY) LTD Trading As Fours Distribution Center
· Registration number BW00000549311
· Physical Address Plot 880, Unit 1&2 International Commerce Park
Gaborone, Botswana
· Postal Address P.O. Box 768AGB, Sebele, Gaborone, Botswana
· Telephone 00 267 4922604
· Email contactus@fours.co.bw
· Help desk Telephone : +267 76094433
email : contactus@fours.co.bw
· Company website www.fours.co.bw
· Company e-commerce site www.foursonline.co.bw
· Compnay branches Gaborone, Palapye, Selebi-Phikwe, Francistown, Maun, Ghanzi and Lobatse
· e-Commerce platform Entire e-Commerce platform is managed from Gaborone
· Delevry Within greater Gaborone delivery will be done from one of Compnay’s Gaborone store. Deliveries for orders placed other than Gaborone is subject to close proximity of a branch of the Compnay. All deliveries attract a delivery charge
Intellectual Property
All data and information communicated to or from the website and/or any Website information as well as the database is the sole property of the Company.
The Company grants you permission to view, electronically copy and print portions of the Website for the sole purpose of placing an order with the Company for any of the Products that it trade in.
Any use of materials on the Website other than for the purpose noted above including, without limitation, the unauthorised submission, removal, modification, dissemination, copying or distribution of copyrighted or other proprietary content, without the prior written consent of the Company and/or the lawful trademark and/or copyright owner (where applicable), is prohibited and constitutes an unlawful infringement of the intellectual property rights of the Company and/or such trademark and/or copyright owner.
Trademarks
Fours logo is a registered Trademark under the Company and all other marks, logos and trade names appearing on this Site are Trademarks of third parties who have authorized the Company to display such Trademarks on the Site. Without the express prior written consent of the Company or other relevant third party companies, any of the marks, logos on this site should not be copied, reproduced, published, uploaded, posted, transmited, distributeed or modified any of the Trademarks appearing on this Site. You further undertake not to infringe any rights of the Company or Trademark owners in respect of such Trademarks. The use of the Trademarks on any other website or network computer environment is stricly prohibited.
Unlawful use
You are prohibited in sending or posting any messages or material on to the Website that could be deemed as harassment, abusive, unlawful, defamatory, sexually offensive, threatening, obscene, racially offensive, profane and or that violates any applicable laws and or Terms & Conditions and Policies of this Website. You hereby indemnify the Company against any losses, liabilities, damages and or expenses of whatever nature that the Company or any third party may suffer and or be implicated with and is caused by or attributable to, whether directly or indirectly.
Links and Advertising
You are not allowed to connect any business or other websites to any section of Company’s Website without the prior written permission of the Company.
External hyperlinks may be provided on the Website and such links are beyond the Company’s control. You shall not interpret the provision of such hyperlinks as constituting any relationship between the Company and any linked third party, nor as an endorsement by the Company of such third party. Hyperlinks provided on the Website to other websites are provided as is and the Company does not necessarily agree with, edit nor sponsor the content of such websites. The use of, or reliance placed by you on any external links provided on the Website is entirely at your own risk.
Disclaimer
You expressly and categorically agree that use of the Website is entirely at your own risk. The website has not been compiled to meet individual requirements as such its contents are provided on an ‘as is’ and ‘as available’ basis. Hence prior to entering into this Agreement, It is your responsibility to satisfy yourself, that the service available from and through this Website meets your requirements, and is compatible with your hardware and or software that you use.
The Company disclaims all representations and warranties including, but not limited to, warranties as to the availability, accuracy or content of information, products or services, and warranties of merchantability or fitness for a particular purpose of information, goods or services. Further, the Company makes no representations nor gives warranties of any kind, whether express or implied including, without limitation, with respect to the Website, its contents, the accuracy thereof or any warranties or representations regarding the effectiveness of any security or encryption facilities or with regard to the availability of products and or delivery arrangements and times.
The Company does not guarantee that the functions provided by the Website will be uninterrupted or error free, or that the Site or the server that makes it available are free from viruses or other harmful components. Unless expressly set out herein, the Company shall under no circumstances whatsoever be liable to you, including without limitation, as a result of or in connection with the Company’s negligent acts or omissions or those of their employees, agents, representatives, sub-contractors or other persons for whom in law they may be liable (in whose favour this constitutes a contract or undertaking for their benefit), for any direct, indirect, incidental, special or consequential loss or damage of any kind whatsoever or howsoever caused (and whether arising under contract, delict or otherwise), sustained by either you, the recipient of the Products or services or any other person arising from or as a result of any sale concluded in terms of this Agreement, the delivery, non-delivery, incorrect, erroneous or late delivery, the use or possession of the Products or services.
The Company, its directors, employees, sub-contractors, agents, representatives, affiliates and suppliers shall not be liable for any loss, damage (whether direct, indirect or consequential) or expense of any nature whatsoever which may be suffered as a result of or which may be attributable, directly or indirectly, to the use of or reliance upon the Website (including any information contained thereon) or the Internet. You hereby indemnify the Company from and against any loss or damage suffered or liability incurred including, without limitation, in respect of any claim or demand by any third party by reason of any act or omission on your part or that of any family member, agent or representative acting on your behalf in connection with transactions concluded on the Site and or in terms of this Agreement and or in relation to the receipt of products or services supplied by the Company pursuant to any such order.
Notwithstanding any other provisions contained herein, the Company's liability whether in contract or delict arising from any breach of any obligation in terms of this Agreement, negligence or otherwise shall not exceed at any time the value of the Product(s) in respect of which any such dispute or claim arises.
By accessing this Site you warrant and represent to the Company that you are legally entitled to purchase the Products and that all the details you have provided are true and complete.
Information, ideas and opinions expressed on this Website should not be regarded as professional advice or the official opinion of the Company. You should consult professional advice before taking any course of action related to information, ideas or opinions expressed on this Website.
Security
The Company will endeavour to ensure that your personal information and or Credit Card details are protected as they travel over the Internet. Given the current state of Internet technology however, there is no guaranteed secure transmission of data over the Internet. Therefore the Company cannot guarantee the absolute security of any information you transmit to us or which the Company transmits to you. You agree that the Company shall be entitled, at all times, to take all reasonable steps to ensure the integrity and security of the Website, including associated applications.
The content contained on the Website may be used by you for your own personal shopping and information purposes only. In using the Site you warrant that you shall not infect it with any computer programming (such as a virus) that may damage, interfere with, delay or intercept any data or information on the Site and you hereby indemnify the Company for any damage caused by any act attributable to you. Any person that delivers or attempts to deliver any damaging code to this Site or attempts to gain unauthorized access to any page shall be prosecuted.
General Terms
The Company may, in its sole discretion, suspend or terminate the operation of the website at any time without prior notice to you and without the need to give you reasons for such termination or suspension.
We may change the terms of this Agreement from time to time without notice to you. Any amendments will take effect immediately on posting of the amendments on the website. You shall be deemed to have accepted any changed terms should you continue to use the website.
If any provision of this Agreement is unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of the remaining terms.
This Agreement constitutes the whole agreement between the parties relating to the subject matter hereof. Any indulgence of extension of time granted by the Company to you shall not be construed as a waiver or variation of any of our rights or remedies.
Any dispute of any nature whatsoever arising between the parties on any matter provided for in, or arising out of this Agreement, may be submitted to confidential arbitration in Gaborone, Botswana in terms of the expedited rules of the Arbitration Act of Botswana. Notwithstanding either party’s right of arbitration, either party may elect to refer the dispute to any Court with competent jurisdiction.
The Website is registered and managed in Botswana and this Agreement is accordingly governed by the laws of Botswana.
The Company chooses its domicilium citandi et executandi for all purposes under this
Agreement, whether in respect of court process, notice, or other documents at Plot 880, Unit 1&2, Gaborone International Commerce Park, Gaborone, Botswana and marked for the attention of the Group Public Relations Officer.
Electronic Communications
When you use or visit the Website, or send electronic communications to the Website including, without limitation, e-mails or place orders for Products, you:
1. Consent to receiving communications from the Company electronically
2. Agree that all notices, disclosures and other communications sent by the Company, including this Agreement, satisfies any legal requirements, including but not limited, to the requirement that such communications should be ‘in writing’;
3. Agree that the Company may use your information to contact you about promotions and special offers if you have indicated during registration that you would like to receive such information. You are entitled, at any stage, to opt out of this service. Company shall not sell or rent information about you including, without limitation, your name, identity number, address, email address and contact telephone number (“personal information”) to any third parties; and
4. Agree that the Company may disclose your personal information in response to a specific request by a law enforcement agency, subpoena, court order, or as otherwise required by law, e.g. for accounting purposes
Cookies
When you visit the Website a cookie file is saved to your PC, phone or tablet. It stores the Website's name, and also a unique ID that represents you as a user. This means the Compnay can tailor the Website to you given the known information of you. Most browsers accept cookies automatically, but usually you can alter your settings to prevent automatic acceptance. If you choose not to accept cookies, this may disable some of the features of the Website. The information that the Compnay collect may be shared with our advertisers will be anonymous and not personally identifiable. It does not contain your name, address, telephone number or email address.
Minimum eligibility to use Website
As much as there shall be no minimum eligibility requiremenst to access the Website, you confirm and acknowledge that you are a 18 (eighteen) years or older to purchase products through the Website you are a holder of a valid Credit or Debit card. Or have access to electronic banking in order to make payment via Electronic Funds Transfer (EFT).
If you have any questions regarding our Website, the terms, products or services, please contact us on contactus@fours.co.bw.
Online Registration
Registration and or use of the Website constitutes acceptance of this agreement by you, and shall accordingly apply as between the Company and yourself.
In order to purchase goods from Website you will be required to register online. Follow registration sequance on the Website. Information required to complete registration are maiden name and surname, email address, contact mobile number, payment details, and delivery address. You are required to register once and is free of charges. You are not obliged to purchase anything when registering.
On registration you will be required to choose a user name and a password that is unique to you. Please do not share your password with anyone including representatives of the Compnay. The Company accepts no liability for any damages suffered or losses incurred as a result of the misuse or loss of your password. As such you represent and warrant that your user name and password shall be used for your personal use only and that you will not disclose to any third party.
On acceptance of your registration by Website, an email confirmation will automatically be sent to the email address provided at registration. In the event you do not receive an email confirmation of your registration within a reasonsble time please contact Compnay helpdesk immidiately on .
To purchase products through the Website you will be required to login with your username and password. Follow “sign in” sequance on Website to do purchases, get quotes and check avaliablity of products you want.
Service
Delivery of goods ordered will be done in areas predefined by the Compnay. Currently these areas include city limits of Gaborone, Palapye, Selebi-Phikwe, Francistown, Maun, Ghanzi and Lobatse. As and when new stores are opened covering a new area to once mentioned above, delivery services will be made available to customers covering a radious to be notified by the Company. Company will do all it can to ensure goods ordered are delivered within 48 hours of orders been placed. All deliveries attract a delivery charge. A standard delivery charge will be applicable to predefined locations. If a location is not prediefined Compnay will notify you the applicable delivery charge. In the event order exceeds the avaerage delivery weight and product dimensions standard delivery rate will not apply. Compnay will notify a recalculated delivery rate that you will need to confirm prior to delivery.
The Products displayed and advertised on this Website are subject to availability. Stocks of all goods on offer are limited. The Compnay cannot guarantee availability of stock but will endeavour to source stocks where possible to fulfil your order. Where items cannot be delivered, the Compnay will endeavour to contact you. The Company shall use its reasonable efforts to discontinue the offer as soon as stock is no longer available. If we are unable to supply each and every item ordered or in the quantities ordered and cannot contact you, the Compnay reserves the right to cancel the delivery until such time as it is able to get hold of you.
All prices displayed and advertised on the Website are quoted in Botswana Pula (BWP) and include VAT at the rate of 12% where applicable. The price you pay for products will be the price shown on the Website on the date that you plaece the order. Certain promotions that the Compnay runs could be exclusively to Website and may not be available for in store shoppers.
The Company reserves the right, without prior notice, to discontinue or change pricing or specifications on products and services offered on the Website without incurring any liability whatsoever.
Errors
The Compnay will endeavour to ensure correct information is provided on the Website. In the event the Compnay recognises an obvious error in content that includes and not limited to product description, advertised price, service description, and images advertised & displayed on Website, the Compnay is not obliged to provide you with affected product. The Compnay will take all measures to notify you of such errors and the decision to proceed with the order with corrected information will be at your discression. Should you choose not to, the Company will make a full refund of payment made by you.
Methods of payment
Following payment methods are available to you
· Cash on delivery
· Debit or Credit card using Compnay swiping machine carried by delivery team
· Debit or Credit card through the Website payment portal
· Electronic Fund Transfer (EFT)
Following terms and conditions apply for above payment methods
· Should you choose to pay via Credit or Debit Card provided during registration, your card will be debited as soon as you accept the order on the Website
· Should you choose to pay via a EFT, the order will only be processed once the Compnay receives payment confirmation and funds are remited to Company’s bank account. There could be delays of up to five working days for funds to reflect in to Company’s Bank account
· Should you choose to pay when goods are delivered please mention if payment will be done by Cash or swiping. Goods will only be given to you upon receiving either cash or succesful swiping
In ordering goods through the Website you
· Represent and warrant that you are 18 years and above
· Represent and warrant that you are authorized to make payment with a Credit or Debit Card
· Are authorized to make EFT payment using the specified bank account
· Represent and warrant that there are sufficient funds available to pay for the order
· Represent and warrant that no other payment method will be accepted by the Compnay for goods purchased through the Website
In order to protect both parties interests, the Company may check the validity of the transactions to prevent attempted fraud. The Compnay may refuse to process and finanlise a transaction should it doubt the legitimacy of it.
Confirmation of Orders
Upon placing of order and completion of payment to the Compnay as per this agreement constitures your offer to purchase prodcuts through the Website and receipt of your order by the Company. Faliure to confirm order receipt by the Compnay does not affect the validity of the order and its enforceability thereof.
Agreement of Sale
Only upon receiving full payment for goods ordered by you will constitute a Agreemnt of Sale between you and the Company. Payment would mean receipt of payment for goods ordered in one of the forms detailed under Methods of Payment. Delivery constitutes the transportation and handover of produts ordered by you. Any refund will be limited to monies already paid by you to the Company.
Delivery Confirmation
Once you confirm your order on the Website you will receive a series of SMS notification confirming order receipt to order pick up to order delivery. These are meant to keep you up to date on the status of order placed. They do not represent any acceptance of your offer to purchase products or services from us. We are not legally obliged to provide the products and services to you during the offer process. The contract between you and the Compnay will only be completed when we deliver the products to you. Any products or services on order and has not been delivered to you do not form part of the contract. Delivery dates are estimates only. The Compnay will make efforts to notify you of any out of stocks and or possible delivery delays.
Risk and Ownership
Upon completion of delivery to your chosen delivery address risk and ownership passes on to you. Should you choose to collect the products ordered through Website from the store, risk and ownership transfers immidiately you pay and pick the products. Until payment is received in full for any products sold, ownership in the Products shall remain with the Company and such Products shall be returned and/or surrendered to the Company following receipt of a default notice from the Company.
Order & Collect
We offer a collection option from our stores. In such cases there will be no delivery charges.
Replacement Products and Refunds
The Compnay will replace any damages during delivery or replace incorrect products supplied provided they are done at the time receiving order. Once you accept delivery the Compnay will not be able liable to or held liable to replace goods for whatever reason. In the event of a refund the Compnay will do so within 5 working days provided you have paid in full.