Fast Asleep – the company
Site – a group of affiliated websites made available on the Internet from the address: www.fastasleep.co.za.
User – any person using any of the Site’s functionalities and/or who has registered on the Site.
Buying User – any natural person buying products via the Site;
Terms and Conditions – these terms and conditions, including attachments, encompassing a set of rules regulating the use of the Site and rights and obligations of Users and Fast Asleep, constituting terms and conditions for the provision of services via electronic means.
Account – an account kept on the Site for a User, enabling the User to use the services offered through the Site and benefit from its full functionality.
Durable Medium – any instrument which enables the User or Fast Asleep to store information addressed personally to him in a way accessible for future reference for a period of time adequate for the purpose of the information and which allows the unchanged reproduction of the information.
- Applicability and Acceptance of the Terms and Conditions
- The User hereby agrees to and accept these Terms and Conditions and
1.2 Fast Asleep reserves its right to make any changes and modifications to these Terms and Conditions, including the right to introduce new provisions and delete the previous ones, which can be done unilaterally and at its own discretion and at any time through publication of the amended Terms and Conditions on the Site. Therefore it is the User’s obligation to check on a regular basis whether the Terms and Conditions were subject to amendments. By further using such Site and services you signify your agreement to be bound by all changes that may affect you. Unless explicitly stated otherwise, the amended Terms and Conditions shall take effect immediately after their publication on the Site.
1.3 In the event that the Terms and Conditions are translated into any other language and there is any inconsistency between the English version and such translation, the English version shall prevail.
1.4 Users may conclude with Fast Asleep, via the Internet or otherwise, a separate agreement related to certain rights and obligations between them and Fast Asleep (Additional Provisions). In case of any conflict or discrepancy between the Terms and Conditions and Additional Provisions, the Additional Provisions shall prevail over the Terms and Conditions unless explicitly provided otherwise in the Additional Provisions.
1.5 When using any services or sending e-mails to Fast Asleep the User communicates with Fast Asleep electronically. Fast Asleep communicates with the Users by e-mail or by posting notices on the Site or through their distribution via communication channels within other services. For contractual purposes, the User consents to receive communications electronically and they agree that all agreements, notices, disclosures and other communications that Fast Asleep electronically provides meet any legal requirements of such communication in writing, unless mandatory applicable laws specifically require a different form of communication.
1.6 The technical requirement for the use of the Site by the User is to possess an operational system-equipped workstation with access to the Internet and standard software necessary to view websites, including to enable support of cookies.
1.7 For the correct performance of some of the Site’s functionalities it may be necessary for the User to be able to enable Java, Java Script, Flash support etc.
1.8 The User, Buying User hereby agree on confirming or making available specific data in order to confirm their place of residence, headquarter or place of habitual residence if in doubt about this matter.
- Service Fees
2.1 Joining Fast Asleep and buying items on sale through the Site is free of charge for the Users. The Users are charged only for the use of selected payment channels or for payments and commissions due to Fast Asleep. The amount charged is listed on the payment selection page.
2.2 The prices specified for each product or service do not form part of these Terms and Conditions and they may be subject to change before the User purchases a particular product or service. Fast Asleep reserves its right to temporarily suspend the Service Fees for promotional purposes (e.g. free bidding days) or for development of new services. Such changes become effective once a temporary promotional period or new service is announced on the Site.
2.3 All fees are denominated in Rand, otherwise changes will be communicated. The User is obliged to pay such fees and taxes relating to his/her use of the services available on the Site on time. If certain payment method shall fail or an invoice is overdue, Fast Asleep reserves its right to demand payment by way of other method of payment including all possible additional costs of such method.
2.4 The User should sign in to access and use the Site and all its functionalities.
2.5 Services (or any other functionalities incorporated into the Site) can be different for different countries or regions. No guarantee is given to the effect that a service or functionality of a certain type or reach will be available for all Users. Fast Asleep may, at its absolute discretion, restrict, decline or create another level of access relating to the use of services (or any other functionality incorporated into the Site) for different individual Users.
2.6 The Users may make payments within the payment solutions available on the Site, All the payment solutions are described within the Site.
2.7 Any User demanding settlement through one of the payment systems agrees thereby for the payment to be made through sites covering the payment systems and states that he/she has read and accepted the terms and conditions available on such websites. To the extent permitted by law, Fast Asleep shall not be liable against the Users for any problems related to payments for which the owners of such sites are responsible, in particular for any delays in processing payments or inability to process them for technical reasons. In such case the User shall contact the applicable operator of the payment site in accordance with that site’s terms and conditions. If the payment has not been accepted due to Fast Asleep’s fault, the User shall inform Fast Asleep thereof by sending an e-mail to the address: firstname.lastname@example.org
2.8 The User gives their consent to Fast Asleep to transfer personal data of the User, such as name, surname, address, as well as other data, such as the bank account number, to the payment services mentioned in 2.6 above, including the consent to processing these data by the payment services in order to release the transaction in the form of the payment from the User to Fast Asleep.
2.9 The User asserts that he/she shall pay for any products and services offered on the Site with use of funds coming from legal sources.
2.10 The User is aware and hereby acknowledges that placing an order connected with purchasing products on the site entails an obligation to pay.
2.11 To any User who has made a purchase on the Site, information may be sent randomly via e-mail.
- Users’ accounts
3.2 Fast Asleep is entitled to verify the data of the User by requesting from the User presentation of proper documents, their copies, scans, etc. In particular, Fast Asleep may request from natural persons a scan of an identification document, The documents (their scans of copies) confirming the above data shall be provided within 14 days since the day, on which Fast Asleep requested providing them from a person intending to register on the Site. The lack of providing these documents (their scans or copies) may constitute the reason to refuse registration on the Site. Fast Asleep may also request proper documents (their scans or copies) after registration of the User or the Seller – in that case the lack of providing the documents (their scans or copies) may constitute the reason to block the account.
3.3 Following correct registration on the Site by the User he or she is provided with access to the full functionality of the Site after entering his or her login and password on the login page.
3.5 The User is obliged to exercise reasonable care to ensure that an updated e-mail address is always assigned to his account on the Site.
3.6 The account is made available to the User by Fast Asleep free of charge and allows him or her to use the services offered through the Site, which is possible from any place in the world via the Internet network.
3.7 In case of any violation of these Terms and Conditions, Fast Asleep reserves its right and possibility to block the User’s account.
3.8 Within the scope permitted by law, Fast Asleep reserves the possibility of temporary unavailability of the access to the Site or to accounts, which may occur due to modernisation works conducted or technical problems. Where technical problems arise, Fast Asleep hereby commits to deal with them as soon as possible.
3.9 The User acknowledges that sharing their account with other people or giving access thereto to many persons other than the User’s personnel may cause irreversible damage to Fast Asleep, other Users. The User is obliged to protect Fast Asleep against losses and damage caused by the use of their account by third parties.
3.10 The User shall neither use other Users’ accounts nor make their accounts available to other Users or third parties. The above does not apply to the User in terms of making his/her account available to the persons entitled to act on his/her behalf and his/her employees, who are entitled by the User to use the account on the Site. Fast Asleep may request from the User a list of persons entitled to use the account, which the User shall deliver within 7 days.
3.11 To the extent permitted by law, Fast Asleep assumes no responsibility against the Users should they violate the provision specified in 3.10 above. The Users assume responsibility for actions and outcomes of actions of persons, whom they provided with the access to the account, in particular for the actions undertaken on the Site.
- General Terms and Conditions of Use
4.1 Subject to your compliance with the Terms and Conditions and your payment of any applicable fees, Fast Asleep, as the case may be, grant the a limited, non-exclusive, non-transferable, non-sub licensable license to access and make personal and non-commercial use of the services offered by Fast Asleep.
4.2 All rights not expressly granted to you in these Terms and Conditions are reserved and retained by Fast Asleep or its owners, licensors, suppliers, publishers or other authorized persons.
4.3 You may not misuse the Fast Asleep services. You may use the Fast Asleep services only as permitted by law and the Users are not allowed to use them in order to violate the law or third party rights, in particular any copyright, intellectual property rights or personality rights.
4.4 Any texts, graphic materials, interactive functions, logos, photography’s, files, software and any other materials on the Site, except for those uploaded, transmitted, made available, as well as the selection, organisation, coordination, compilation of the materials and the general outline and nature of the Site constitute intellectual property of Fast Asleep Limited. They are protected by copyrights, trademarks, patents, industrial design rights and other rights and provisions, including international conventions and property rights. Any such rights are reserved for Fast Asleep Limited. Any trademarks, marks and trade names constitute Fast Asleep Limited property. Without explicit consent of Fast Asleep Limited, the User must not: duplicate, copy, download, disseminate, sell, distribute or resell any services, information, texts, graphics, video clips, sounds, screenplays, files, databases or lists whatsoever available on or via the Site nor use them otherwise. It is forbidden to retrieve the Site Content systematically to create or compile, either directly or indirectly, a collection, compilation, database and catalogue (by using robots, search engines, automatic or manual devices) without written permission of Fast Asleep Limited. The use of any content or materials available from the Site for purposes not specified in the Terms and Conditions is forbidden, especially any use, publication, copying in any form - whether electronic, mechanic, photographic or other. All Rights Reserved. Furthermore the Works are protected under international law on the basis of the Universal Copyright Convention signed in 1952 in Geneva and the Berne Convention of 1886 together with the Stockholm entry of 1972 and 1979 amendments.
4.7 The User and the Seller hereby confirm and assert that they will not engage in the following:
- a) they will not upload, create nor distribute through the Site any data violating any laws, terms of binding agreements or third parties rights (including any trade secrets, intellectual property rights, copyrights, personality rights or rights relating to personal data protection);
b) they will not publish any false or misleading information, which may be detrimental to or may expose Fast Asleep or third parties to any harm;
c) they will not impersonate another person or entity, whether existing or fictional, or falsely maintain to be related to any other person or entity, nor access other Users’ accounts, provide false information on the sources, type and content of the data transferred through the Site, nor in any other way mislead other Users, Sellers or Fast Asleep;
d) they will not use the Site for any other purposes than the use of services offered by Fast Asleep;
e) they will not circumvent or disable the Site’s security;
f) they will not use the Site for any illegal purposes nor to violate domestic or international laws, including provisions relating to copyright, intellectual property rights and other property rights protection, as well as data protection provisions;
g) they will not slander, defame, offend, haunt, deceive other Users of the Site, will not collect nor attempt to collect their personal data or the personal data of other persons without their consent nor threaten them;
h) they will not attempt to break the Site’s source code nor any parts thereof, nor to manipulate it in any way;
i) they will not modify, adapt, translate the Site nor any parts thereof (including the Terms and Conditions), or create any derivative works on their basis;
j) they will not in any way deliberately disturb the Site’s activity or disturb other Users in using the Site, in particular by uploading and circulating viruses nor any other detrimental software such as adware, spyware, etc;
k) they will not in any way deliberately disturb the Site’s activity or any activities taken with the use of the Site;
l) they will not take any actions aimed at discovering access passwords of other Users, including any attempts to guess the passwords;
m) they will not transfer for remuneration nor in any other way make available for remuneration part or whole of his account;
n) they will not upload on the Site any data containing any personal data of third parties;
o) they will not in any way make other Users’ use of the Site difficult;
p) they will not make payments with the use of other people’ or stolen credit/debit/prepaid cards or with means coming from undisclosed sources.
5.1 Within the scope permitted by law, Fast Asleep’s liability shall be excluded in relation to:
- any damages resulting from the use of the Site, accessing it or the inability to use the Site by a User due to reasons beyond Fast Asleep’s control;
- any damages related to viruses, Trojan horses etc. which may be transferred to the Site or through the Site by third parties, except that Fast Asleep is obliged to immediately take actions aimed at the removal of any threats related to such viruses, etc.;
- implications of any access data or private information being accessed by any third party in an unauthorized manner, if it occurs due to reasons related to the User, in particular by reason of the User making his password available to third party;
- any actions taken by Fast Asleep in relation to the User linked to any their infringement of the law in force or the Terms and Conditions, particularly such as account blockade or stopping access to the Site, limitation of possibilities to use specific services of functions within the Site;
- any actions and results thereof related to any violation by the User of these Terms and Conditions or to submission by the User of false data or submission of false or untrue statements and assurances, mentioned in these Terms and Conditions;
- any actions based on collection of personal data by the User in a manner contrary to the law in force, or their processing, in particular transfers of other Users personal data to unauthorized persons;
- any harm, damages, claims, compensation, non-pecuniary damages in relation to claims of one User against another User (exclusion of Fast Asleep Pfrom any disputes between Users);
- Complaints Procedure
6.1Both the User and the Seller have the right to file complaints connected with the services provided by Fast Asleep. All complaints should be sent in a written form to the address of Fast Asleep indicated in the Chapter “Definitions” of this Terms and Conditions. All complaints shall be resolved within 10 days from the date of their delivery to Fast Asleep. Replies shall be sent to the e-mail address from which the complaint has been received or any other given by the complaining party.
6.2 If the User has complaints about the product he/she has bought, he/she may file a complaint to the Seller or the Selling user with the help Fast Asleep
6.3 Any objections connected with the complaint procedure should specify the User that files such objections, detailed description of the problem and the suggested resolution satisfactory for the User.
6.4 If for any reason the product purchased by the User cannot be used is the Users responsibility to inform Fast Asleep of this fact
6.5 Because of the User’s ability to return purchased products, Fast Asleep has the right to withhold moneys paid for the product for 30 days from the date of the payment reaching Fast Asleep’s bank account. If a product is returned the paid amount shall be returned to the…
7.1 Both the User and Fast Asleep have the right to terminate the agreement. The agreement between the User and Fast Asleep on providing a teleinformatic platform and certain functions of the Site is concluded for unspecified period of time.
7.2 Termination of the agreement by Fast Asleep is made through the deletion of User’s account or blocking User’s access to the Site. Removal of the account or blocking User’s access to the Site may be made fourteen (14) days after information is sent to the User’s e-mail address regarding the blocking or termination. In case of gross violation of the terms of these Terms and Conditions by the User, Fast Asleep has the right to terminate it with immediate effect through an immediate removal of User account or blocking his access to the Site.
7.3 Termination of the agreement by the User is made through removal of his account. The User my withdraw from the contract within 14 days from the date the contract was concluded The User may at any time electronically request removal of his account by Fast Asleep. Fast Asleep is obliged to remove the account without any delay, no later than within three (3) days from the receipt of the User’s request. After such period the agreement is terminated. Fast Asleep shall immediately provide the User, in a durable medium, with the acknowledgment of receipt of the notice of withdrawal.
7.4 If the termination of the agreement has been made by Fast Asleep the User cannot create another Account on the Site without Fast Asleep’s consent.
7.5 Fast Asleep has the right to temporarily suspend access to the User’s or Seller’s Account if it’s security is compromised in any way or if significant violations of this agreement or the law (by the User) are discovered (if Fast Asleep will not terminate the agreement because of this). Execution of this paragraph’s decisions cannot violate consumer rights. Within the law, Fast Asleep is not responsible for a temporary lack of access to the User’s or Seller’s Account, especially for the inability to sell products.
- Final Provisions
8.2 Neither User nor the Seller may not transfer their rights, obligations or claims arising hereof to any third party without prior written consent of Fast Asleep.
8.4 Any communication with the Site’s administration shall be made by e-mail to the address email@example.com
8.5 Any comments and remarks on Users violations of these Terms and Conditions shall be notified with Fast Asleep to the address: firstname.lastname@example.org
8.6 Should any provisions hereof prove to be invalid or ineffective, they will not affect the validity of the remaining provisions. Invalid or ineffective provisions will be replaced by such valid provisions which reflect the economic value, intention of the parties and objective of the invalid or ineffective provisions to the highest extent.
8.7 Due to local laws and restrictions that may be present in the User’s jurisdiction not all features of the Site may be available and as such, some terms and conditions may not be applicable.