The Chrome Store (https://www.chromestore.co.za) is the online logistics portal of Cloud Education Solutions (Pty) Ltd (Cloud Education Solutions, We, Us or Our). The Chrome Store has been established to assist parents / legal guardians and/or sponsors of learners in Southern Africa to easily order (and have delivered to one of our affiliated educational institutions), Chromebooks and other associated items at competitive prices.
Cloud Education Solutions, a Google for Education Partner, Acer Education “Chrome Premier” Partner and Acer Synergy Platinum Partner, was established in 2015 by Alister Payne to assist schools in developing collaborative, purposeful, and technology-rich learning environments that nurture meaningful and sustainable educational innovation.
These Terms and Conditions govern your use of this website, located at the domain name https://www.chromestore.co.za (“the Website”). By accessing and using this Website, you agree to be bound by the Terms and Conditions set out herein.
Registration and use of the website
- Only registered users may order Goods on this Website.
- To register as a user, you must provide a unique username and password and provide certain information and personal details to us. You will need to use your unique username and password to access the Website in order to purchase Goods.
- You agree and warrant that your username and password shall:
- 3.1 be used for personal use only; and
- 3.2 not be disclosed by you to any third party.
- For security purposes you agree to enter the correct username and password whenever ordering Goods, failing which you will be denied access to our site.
- You agree that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, you will be liable for payment of such order, save where the order is cancelled by you in accordance with these Terms and Conditions.
- You agree to notify us immediately upon becoming aware of, or reasonably suspecting, any unauthorised access to, or use of, your username and password and will be responsible to take steps to mitigate any resultant loss or harm.
- By using this Website you warrant that you are 18 (eighteen) years of age or older and that have full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all of your obligations under these Terms and Conditions.
- You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Website. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorised representative of Cloud Education Solutions (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).
- You may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.
- You may not in any way display, publish, copy, print, post or otherwise use the Website and/or the information contained therein without the express prior written consent of an authorised Cloud Education Solutions representative.
We reserve the right to:
- modify or withdraw, temporarily or permanently, the Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or to any third party for any modification to, or withdrawal of, the Website;
- update these Terms and Conditions from time to 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.
- We will use our reasonable endeavours to maintain the Website. The Website is subject to change from time to time. You will not be eligible for any compensation because you cannot use any part of the Website or because of a failure, suspension or withdrawal of all or any part of the Website due to circumstances beyond our control.
The Consumer Protection Act
- 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 –
- 2.1 may limit the risk or liability of Cloud Education Solutions or a third party; and/or
- 2.2 may create risk or liability for the user; and/or
- 2.3 may compel the user to indemnify Cloud Education Solutions or a third party; and/or
- 2.4 serves as an acknowledgment, 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 us 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 in terms of the CPA, either for you or for us.
- Cloud Education Solutions permits the use of this Website subject to these 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.
- The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from the use of the Website, or reliance on any information on the Website. We make 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 safety, accuracy, completeness or reliability of any information on this Website. We shall not be liable for any direct, indirect, general, special, incidental or consequential damages (including, but without limitation, data loss, lost revenues and lost profit) which may result from the inability to use, or the correct or incorrect use, abuse, or misuse of these contents, even if we have been informed of the possibilities of such damages. Any such warranties made by any representative of Cloud Education Solutions shall not be binding on us.
- We will 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, except in the case of an incorrect purchase price. We shall furthermore not be bound by any incorrect information regarding our products displayed on any third party websites.
- Although Goods sold from the Website may, under certain specifically defined circumstances, be under warranty, the Website itself and all information provided on the Website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed by law.
- You hereby indemnify Cloud Education Solutions against any loss, claim or damage which may be suffered by you or any third party, arising in any way from your use of this website and/or any linked third party website.
- In addition to the disclaimers contained elsewhere in these Terms and Conditions, Cloud Education Solutions also makes no warranty or representation, whether express or implied, that the information or files available on this 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 willful misconduct of Cloud Education Solutions, its employees, agents or authorised representatives. Cloud Education Solutions thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in connection with your access to or use of this Website.
- We respect your privacy and will take reasonable measures to protect it, as set out below. Should you decide to register as a user on this Website, we may require you to provide us with personal information which includes but is not limited to your-
- 1.1 name and surname;
- 1.2 email address;
- 1.3 physical address;
- 1.4 gender;
- 1.5 mobile number; and
- 1.6 date of birth.
- Should your personal information change, please inform us and provide us with updates to your personal information as soon as reasonably possible to enable us to update your personal information.
- You may choose to provide additional personal information to us, in which event you agree to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state, or otherwise, misrepresent your affiliation with anyone or anything.
- Subject to clause clause 5 below, we will not, without your express consent:
- 4.1 Use your personal information for any purpose other than as set out below:
- 4.1.1 in relation to the ordering, sale and delivery of Goods;
- 4.1.2 to contact you regarding current or new Goods or any other goods offered by us or any of our divisions and/or partners (unless you have opted out from receiving marketing material from us);
- 4.1.3 to inform you of new features, special offers and promotional competitions offered by us or any of our divisions and/or partners (unless you have opted out from receiving marketing material from us); and
- 4.1.4 to improve our product selection and your experience on our Website by, for example, monitoring your browsing habits, or tracking your purchases on the Website; or
- 4.2 disclose your personal information to any third party other than as set out below:
- 4.2.1 to our employees and/or third party service providers who assist us to interact with you via our Website, email or any other method, for the ordering of Goods or when delivering Goods to you, and thus need to know your personal information in order to assist us to communicate with you properly and efficiently;
- 4.2.2 to our partners (including their employees and/or third party service providers) in order for them to interact directly with you via email or any other method for purposes of sending you marketing material regarding any current or new offers, new features, special offers or promotional items offered by them (unless you have opted out from receiving marketing material from us);
- 4.2.3 to law enforcement, government officials, fraud detection agencies or other third parties when we believe in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report or support the investigation into suspected illegal activity, or to investigate violations of these Terms and Conditions;
- 4.2.4 to our service providers (under contract with us) who help with parts of our business operations (fraud prevention, marketing, technology services etc). However, our contracts dictate that these service providers may only use your information in connection with the services they perform for us and not for their own benefit;
- 4.2.5 to our suppliers in order for them to liaise directly with you regarding any faulty Goods you have purchased which requires their involvement; and
- 4.2.6 to any Third Party Seller for purposes of sending you an invoice for any Goods purchased from such Third Party Seller, which disclosed information will be limited to your email address.
- 4.1 Use your personal information for any purpose other than as set out below:
- We are entitled to use or disclose your personal information if such use or disclosure is required in order to comply with any applicable law, subpoena, an order of the court or legal process served on us, or to protect and defend our rights or property. In the event of a fraudulent online payment, Cloud Education Solutions is entitled to disclose relevant personal information for criminal investigation purposes or in line with any other legal obligation for disclosure of the personal information which may be required of it.
- We will ensure that all of our employees, third party service providers, divisions and partners (including their employees and third party service providers) having access to your personal information are bound by appropriate and legally binding confidentiality obligations in relation to your personal information.
- We will –
- 7.1 treat your personal information as strictly confidential, save where we are entitled to share it as set out in this policy;
- 7.2 take appropriate technical and organisational measures to ensure that your personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;
- 7.3 provide you with access to your personal information to view and/or update personal details;
- 7.4 promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information;
- 7.5 provide you with reasonable evidence of our compliance with our obligations under this policy on reasonable notice and request; and
- 7.6 upon your request, promptly return or destroy any and all of your personal information in our possession or control, save for that which we are legally obliged to retain.
- We will not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period.
- Cloud Education Solutions undertakes never to sell or make your personal information available to any third party other than as provided for in this policy.
- Whilst we will do all things reasonably necessary to protect your rights of privacy, we cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of your personal information, whilst in our possession, made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence.
- We may collect certain information about your visit, such as the name of the Internet service provider and the Internet Protocol (IP) address through which you access the Internet; the date and time you access the website; the pages that you access whilst at the website and the Internet address of the website from which you linked directly to our site. This information is used to help improve the website, analyze trends, and administer the website.
Third Party Links
In an attempt to provide increased value to the users of our website, we may provide links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources. We do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of such websites, including (but without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.
Conclusion of sales and availability of stock
- Registered users may place orders for Goods, which Cloud Education Solutions or the Third Party Seller may accept or reject. Whether or not Cloud Education Solutions or the Third Party Seller accepts an order depends on the availability of Goods, correctness of the information relating to the Goods (including but not limited to the price) and receipt of payment or payment authorisation by Cloud Education Solutions for the Goods.
- NOTE: Cloud Education Solutions or the Third Party Seller will indicate the acceptance of your order by delivering the Goods to one of our affiliated educational institutions, as nominated by you. Only at that point will an agreement of sale between you and Cloud Education Solutions or the Third Party Seller come into effect . This is regardless of any communication from Cloud Education Solutions stating that your order or payment has been confirmed.
- Should Cloud Education Solutions choose to reject the order, it will indicate its rejection thereof by cancelling the order and thereafter, refund you for any amount already paid.
- Prior to delivery of any Goods, you may cancel an order at any time provided you do so before receiving a dispatch or delivery notice. After delivery of the Goods to your nominated educational institution, you may return the Goods only in accordance with our return policy.
- Placing Goods in an ‘online shopping basket’ without completing the purchase cycle does not constitute an order for such Goods. As such, Goods may be removed by us from your shopping basket if stock is no longer available. Cloud Education Solutions or the Third Party Seller cannot, in anyway, be held liable if such Goods have become unavailable, or if such Goods have become available at a different 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 Cloud Education Solutions, we 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. We cannot, however, guarantee the availability of stock. When Goods have become unavailable after you having placed an order, we will notify you and you will be entitled to a refund of any amount already paid to us for such Goods.
- In the case of Goods for sale by a Third Party Seller, we rely on inventory information supplied to us by the relevant Third Party Seller. Accordingly, we bear no liability for any inaccuracies in the information supplied to us. Consequently, should you order any Goods from a Third Party Seller which are in fact sold-out, any resulting dispute should be resolved between you and the relevant Third Party Seller, your respective rights and obligations being as set out in these Terms and Conditions.
- All transactions will be processed in South African Rands (ZAR).
- Cloud Education Solutions endeavours to offer you competitive prices on current products and all prices displayed on this website shall be inclusive of Value Added Tax (VAT).
- The cost of shipping your order shall be calculated and displayed to you at ‘Checkout’.
- Cloud Education Solutions reserves the right to alter the pricing of any of its products from time to time, without prior notice to you. Should a product be marketed as a promotion stock item, any such product bought outside of the promotional time period shall not be capable of being returned in order to procure a refund for the difference between the original purchase price and the promotional purchase price.
- All payments made in respect of the purchasing of Goods through The Chrome store www.chromestore.co.za shall be processed by PayFast. You can read more about PayFast and their security policy here: https://www.payfast.co.za/security-fraud/.
- Payment can be made for Goods via –
- 6.1 Credit card: where payment is made by credit card, we may require additional information in order to authorise and/or verify the validity of such 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 for 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;
- 6.2 Direct bank deposit or Electronic Funds Transfer: if you pay via direct bank deposit or electronic funds transfer, payment must be made within 7 (seven) days of placing your order. Cloud Education Solutions will not accept your order if payment has not been received in good time.
Delivery of goods
- Delivery of Goods ordered from The Chrome Store shall be undertaken by the relevant product distributor. Cloud Education Solutions, however, undertakes to liaise with you and the relevant distributor, so as to ensure that your order is delivered in good time.
- The use of this service shall be reserved for parents of any learners who are enrolled at one of our affiliated educational institutions. Therefore, goods ordered through The Chrome Store can only be delivered to one of our affiliated educational institutions, in accordance with the arrangements between the respective educational institution and Cloud Education Solutions. Goods cannot be ordered from The Chrome Store if it is anticipated that delivery is to be effected at any location, other than at one of our affiliated educational institutions, or at any time, other than on the pre-arranged date for delivery, at the said affiliated educational institution (except in the case of incidental orders as referred to below).
- Where we accept your order, we (or the relevant Third Party Seller) will liaise directly with you via e-mail, regarding the shipment of your Goods. Goods ordered from the Chrome Store within the Ordering Window shall be delivered as a bulk shipment to your nominated affiliated educational institution on a pre-arranged date, not being later than 90 (ninety) days after the opening of the Ordering Window. Incidental orders made thereafter (or during the second window period) will be delivered to the nominated affiliated educational institution no later than 30 (thirty) day after receipt of payment.
- Goods may be delivered by the relevant distributor personally, or by courier.
- Our delivery charges shall be subject to change without prior notice being given. The delivery charges applicable to your order will be displayed to you when you ‘check out’ of the online store.
- We will notify you if we are unable to deliver the Goods during the aforementioned period. You may then, within 7 (seven) days of receiving such notification elect whether or not you wish to cancel your order for the Goods. If you elect to cancel your order, we will reimburse you for the purchase price.
- Our obligation to deliver a product to you will be fulfilled when we deliver the product to the affiliated educational institution, nominated by you at the time of placing the order. We shall not be responsible for any loss or unauthorised use of a product after we have delivered the product to the affiliate educational institution nominated by you.
Warranty of purchased goods
- All goods and services purchased from The Chrome Store shall be subject to a standard 6 month warranty, which shall be honoured by Cloud Education Solutions or the relevant Third Party Seller.
- Certain products are subject to a direct warranty, where the manufacturer requires that the consumer liaise directly with them regarding repairs / replacements under warranty. If a direct warranty product turns out to be defective or otherwise of poor quality, please notify us and we will provide you with the relevant manufacturer’s contact details. Alternatively, you can notify the manufacturer directly if you already have its details. The manufacturer will then assist you further. If you have any difficulty, please let us know and we will be happy to assist you where we can.
- An extended warranty may be purchased in respect of Acer Chromebooks available for purchase through this website.
- More information regarding the type of warranty applicable to a particular product can be found in the relevant product listing. Please also see our Refunds / Returns Policy for more on the types of warranties carried by our products.
We have the right, but not the obligation, to monitor any activity and content associated with the Website. We may investigate any reported violation of these Conditions or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the Website).
Choice of Law
These Terms and Conditions shall be governed by the laws of the Republic of South Africa. In the event of any dispute arising between you and Cloud Education Solutions, you hereby consent to the jurisdiction of the Cape Town High Court notwithstanding the fact that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
- Cloud Education Solutions may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of this Website or your right to use this 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 us to enforce any right in terms hereof shall not constitute a waiver of that right.
- No variation, addition, deletion, or consensual 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 Cloud Education Solutions and no other warranty or undertaking is valid unless contained in this document.
- Any provision of these Terms and Conditions which is or may become illegal, invalid or unenforceable shall be ineffective to the extent of such prohibition or unenforceability and shall be treated pro non scripto and shall be severed from the balance of this agreement, without invalidating the remaining provisions of this Agreement or affecting the validity or enforceability of such provision.
- Cloud Education Solutions hereby selects 2 Woodlands Road, Bergvliet, Cape Town, 7945, as its address for the service of all formal notices and legal process in connection with these Terms and Conditions (“legal address”). We may change this address from time to time by updating these Terms and Conditions.
- You hereby select the physical address provided to us, specified in your user registration, as your legal address. You may change this address to any other physical address by giving us not less than 7 days’ notice in writing, in which your new address is expressly stipulated.
- Notices must be sent either by hand, prepaid registered post, telefax or email and must be in English. All notices sent –
- 3.1 by hand will be deemed to have been received on the date of delivery;
- 3.2 by prepaid registered post, will be deemed to have been received 10 days after the date of posting;
- 3.3 by facsimile before 16h30 on a business day will be deemed to have been received, on the date of successful transmission of the telefax. All facsimiles sent after 16h30 or on a day which is not a business day will be deemed to have been received on the following business day; and
- 3.4 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” FUNCTION to serve as proof that your email has been received by us.
Information required in terms of Section 43 of the Electronic Communications and Transactions Act, Act 25 of 2002 (the “ECT Act”)
- Full name: Cloud Education Solutions (Pty) Ltd, a private company registered in accordance with The Companies Act 71 of 2008, with registration number 2014/117972/07.
- Main business: Supplier of Educational Technology Consultancy Services, computer hardware, software licenses and related peripherals
- The physical address for receipt of legal service (also postal and street address): 2 Woodlands Road, Bergvliet, Cape Town, 7945, South Africa. (marked for attention: Alister Payne)
- Office bearers: Alister Neville Payne
- Phone number: 0837926377
- Official email address: [email protected].
- Third Party Sellers’ information is available in the relevant Product listing and/or via [email protected].
I understand that all the designs and trademarks are registered to the various suppliers of Cloud Education Solutions and hereby accept the terms and conditions. I undertake not to copy/duplicate the trademarks and designs directly or indirectly in any way and understand the legal implications thereof. Should I be found to be in violation of this agreement I understand that I will be held liable for all legal costs incurred by Cloud Education Solutions for any civil action or any legal action on an attorney and client scale.