Electronic Communications and Transactions Act (ECTA) – Terms and Conditions
Effective Date: 01/01/2025
These Terms and Conditions are governed by the Electronic Communications and Transactions Act (ECTA), 25 of 2002, and apply to your use of Wild Aviothic (“https://www.wildaviothic.com”). By accessing, using, or registering on the Website, you agree to abide by the terms set out below.
1. Agreement and Acceptance
By accessing or using Wild Aviothic (“https://www.wildaviothic.com”) and any of the services or content offered by the Website, you agree to comply with and be bound by the Terms and Conditions, in compliance with the provisions of the Electronic Communications and Transactions Act (ECTA), 25 of 2002, and other relevant South African laws.
2. Electronic Communications
By visiting the Website or sending us emails, you are communicating with us electronically. You consent to receive communications from us electronically, including but not limited to email, website notifications, or other electronic communications. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
3. Electronic Contracts and E-Commerce Transactions
- Acceptance of Terms: Your use of the Website and placing of an order constitutes your agreement to the terms and conditions outlined in these Terms and Conditions, which form the contract between you (the “User” or “Customer”) and Wild Aviothic (“https://www.wildaviothic.com”).
- Electronic Signature: You agree that by clicking “I Agree,” “Submit,” or completing any transaction on the Website, you are providing an electronic signature, which you agree shall be legally binding.
- Transaction Confirmation: All transactions and communications carried out through the Website are concluded electronically. Any order or purchase placed via the Website shall be considered to have been concluded when you receive an order confirmation email or notification from us.
4. User Responsibilities
- Accuracy of Information: You agree to provide accurate, truthful, and complete information when registering on the Website, purchasing goods or services, or communicating with us.
- Security and Confidentiality: You are responsible for maintaining the confidentiality of any passwords or accounts associated with the Website and for ensuring that the computer or device you use to access the Website is secure and free from viruses and malicious software.
- Prohibited Conduct: You agree not to engage in any activity that violates the rights of others or any provision of these Terms, including but not limited to the distribution of spam, attempting to gain unauthorized access to the Website, or introducing harmful or disruptive technology.
5. Payment
- Pricing and Payment Methods: Prices for products or services displayed on the Website are in South African Rand (ZAR) and various alternate currencies and inclusive of applicable taxes unless otherwise stated. We accept various payment methods, including credit cards, debit cards, and other payment processors as indicated on the Website.
- Payment Security: Payments are processed via secure payment gateways. By providing payment details, you agree to the terms of the payment processor’s privacy and security policies.
6. Consumer Protection
In compliance with the Electronic Communications and Transactions Act (ECTA) and the Consumer Protection Act (CPA), you have the right to:
- Right of Withdrawal: In the case of an online transaction, you have the right to cancel your order and receive a full refund within seven (7) days, provided that the goods have not been used, opened, or damaged.
- Delivery: We will make every effort to ensure timely delivery of goods or services as indicated in the order process, subject to availability and delivery address.
- Consumer Rights and Refunds: You may request a refund or return of goods in the event of defective or non-conforming products, as specified in the CPA and other relevant laws. Refunds will be processed within a reasonable period, in accordance with our Return and Refund Policy.
7. Limitation of Liability
To the maximum extent permitted by applicable law, we are not liable for any loss, damages, or harm that may arise from your use of the Website or in connection with electronic transactions conducted on the Website. This includes, but is not limited to, issues related to data loss, unauthorized access, or loss of profits.
8. Privacy and Data Protection
Your use of the Website is subject to our Privacy Policy, which explains how we collect, use, and protect your personal information in accordance with the Protection of Personal Information Act (POPIA). By using the Website, you consent to the collection and processing of your personal information as outlined in our Privacy Policy.
9. Changes to Terms
We reserve the right to modify or update these Terms and Conditions from time to time. We will post changes to the Website and provide notice of the updated terms, which will be effective as of the date of posting. You are encouraged to review the Terms regularly to stay informed of any changes.
10. Governing Law and Dispute Resolution
These Terms are governed by the laws of South Africa. Any disputes that arise out of or in connection with the Website or the use of the Website shall be resolved through the appropriate South African courts. You agree to submit to the exclusive jurisdiction of the South African courts.
11. Force Majeure
We shall not be liable for any failure to perform our obligations under these Terms if such failure is due to an event beyond our reasonable control, including but not limited to acts of God, war, strikes, labor disputes, or technical issues with the Website.