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Please read these Purchase Terms carefully before ordering Products online from the kickstart Website. Please note that these Purchase Terms include the terms contained in those pages to which a link is provided within these Purchase Terms.

 

2.1 WHEN DO THESE PURCHASE TERMS APPLY?

These Purchase Terms apply to all offers and contracts relating to the sale and delivery of Products by kickstart. In other words, you agree to these Purchase Terms, when you (i) order anything from the Website or (ii) or when you accept an offer from kickstart. It is only possible to deviate from these Purchase Terms if agreed in writing by kickstart.

 

2.2 REQUIREMENTS TO CONCLUDE A CONTRACT WITH KICKSTART

• You have to be 18 years of age or older to buy Products via the Website.
• You can only order on the Website if you are a consumer, not a reseller.
• You guarantee that the information you provide to kickstart in the request or order is accurate and complete.

 

Please note that in the case of limited edition or limited production Products extra restrictions such as a limit to the number of such Products per order may apply.

 

2.3 HOW AND WHEN IS A CONTRACT CONCLUDED WITH YOU?

All information on the Website is an invitation to treat only and the information is not an offer or binding contract. You agree that your order is an offer to purchase the Products listed in your order.

 

kickstart is entitled to verify an order in advance at all times and/or to refuse to accept an order without providing reasons and with no liability to you or any third parties. If kickstart does not confirm acceptance of your order within two working days, it is deemed to have been refused.

 

All orders submitted by you are subject to acceptance by kickstart. We may choose not to accept your order at our own discretion. Examples of when we may not accept your order are as follows:

• If Products are shown on the Website but are not available;
• If we are unable to obtain authorisation of your payment;
• If shipping restrictions may apply to a Location;
• If Products shown on the Website contain a manifest error such as being incorrectly priced or otherwise incorrectly described.

After your order has been placed, we will send you an order acknowledgement email with your order number and details of the Products you have offered to purchase and details of any delivery services.

 

2.4 RETENTION OF TITLE

All Products always remain the property of kickstart. The terms of our service is to you is Rental only. You may not sell, dispose of or encumber any Product at any time.

 

2.5 QUALITY AND MAINTENANCE OF PRODUCTS

Minor differences in colour and other variations in Products are possible as a result of different image acquisition, display technologies or other technical reasons. kickstart is not liable for these variations and deviations.

 

2.6 CANCELLING YOUR ORDER

You may cancel your order before the goods are despatched via courier by contacting our Customer Service Team on 0861 11 11 85.

 

2.7 PRICE

The stated prices include VAT and are quoted in South African Rand. kickstart reserves the right to change, limit or terminate any special offers or discounts at any time. kickstart charges delivery costs and is defined under the delivery section on our Website. These costs will, if applicable, be charged separately, itemised and added up with the total amount of the order.

 

2.8 METHODS OF PAYMENT

Please check the Website for information on available payment methods

 

2.9 INVOICING

Where we elect, or are required by applicable law, to issue or make available an invoice, kickstart reserves the right to issue or make available electronic invoices and you agree to such form of invoicing.

 

2.10 DELIVERY

kickstart will deliver during business hours to the address indicated by you within South Africa. kickstart can only deliver to a home or office address. For detailed information about delivery periods, please check the specifications for the different types of delivery such as “Next Day”, “2 Day Express” and “Standard” by reading the delivery section of our Website.

 

Note that Delivery periods are indicative and are therefore not regarded as strict deadlines. The mere fact that a delivery period is exceeded does not entitle you to compensation.

 

kickstart is entitled, insofar as reasonably possible, to make split deliveries so that you receive your Products as soon as possible. There are no additional costs associated with such split deliveries. However, in the event that you request that kickstart delivers in parts, kickstart may charge you for extra delivery costs. Each split order shall constitute a separate sales contract. If kickstart is late delivering a part or one split order is faulty, that will not entitle you to cancel any other split order.

 

If kickstart discovers prior to entering into the sales contract that it can no longer deliver the Products ordered, kickstart may offer you an equivalent product in terms of quality, price and function. You are not obliged to accept the replacement Product. You may return it, if you so wish, within 5 days at kickstarts’ reasonable expense (your right of return remains unaffected).

 

In the unlikely event that, after entering into the sales contract, kickstart can no longer deliver your Products and is not responsible for this situation, kickstart will be entitled to terminate the sales contract. kickstart will, of course, inform you as soon as reasonably practicable and reimburse any payments made.

 

2.11 RETURNS AND REFUNDS OF PRODUCTS

If you are not fully satisfied with your Products, you have the right to withdraw from the sales contract. In other words, you have the right to return the Products as indicated below, and we will ensure that you obtain a refund. Simply follow the guidelines explained in the returns section on the website. If you have any questions regarding merchandise returns purchased from the Website please contact us.

 

Subject to the provisions of these Purchase Terms, you may return the Products received without specifying any reasons within 5 calendar days from the day you receive the Product.

 

In the event of a valid return in accordance with these Purchase Terms, kickstart will reimburse the rental price and the delivery costs (in case of completely returned orders) received from you, within thirty days after receipt by kickstart of a notification that you wish to exercise your right of return. This is provided however that kickstart only becomes obliged to reimburse you after we have taken physical receipt of the returned Products.

 

The length of time your return is in transit is beyond our control; although once we do receive your return we will process it as quickly as reasonably possible. We therefore need to allow at least fourteen days to receive and to process your return. Although kickstart will refund the money within approximately 30 days after processing your return, your bank or credit card company may require additional time to process your refund and for it to reach your account. We’ll notify you via e-mail once we’ve received and processed the returned Product(s). We’ll refund the value of the Product(s) total. Refunds will be given in the same form of payment as the original purchase, unless specified otherwise by you.

 

Damage: If a Product is returned and kickstart believes that it has been damaged because of an act or omission for which you are to blame, or which is otherwise for your expense and risk, kickstart will be entitled to deduct the decrease in value of the returned Product as a result of this damage from the amount to be repaid to you.

 

2.12 EXCHANGE POLICY

Kickstart includes a strong emphasis on exchanging the product(s) after either a 12 or 24 month period, as selected by you on the initial rental agreement. You are however in no way obligated to participate in the exchange programme and the product(s) will therefore be deemed ready for return on the expiry of the rental period selected by the you. The expiry of the rental period can be monitored at www.kickstart.store Should you wish to renew the product for a further renal period it must be done via the online platform (www.kickstart.store) or you can reach out to us via email at [email protected].

 

Kickstart will communicate with you at least 1 month before the expiry of the rental period to confirm if you would like to (1) renew the current rental, (2) exchange the current product(s) for new product(s) or (3) return the product(s) and not renew or exchange.

 

2.13 DAMAGED OR DEFECTIVE PRODUCTS

For kickstart, quality is paramount. We thoroughly check all our Products in real-life conditions to ensure they are a fair representation of what the you view online. It is extremely rare for our Products to be damaged or defective. kickstart has a legal obligation to make sure that our Products conform to the sales contract.

 

Returned Products are inspected by the kickstart Quality Assurance Department and refunded if the damage is the result of a manufacturing defect or deviation from the original specifications.

Please read these Terms and Conditions for website use (“Use of the Website Terms and Conditions”) carefully before using the Website and any kickstart content on social media websites, including without limit Facebook, Twitter, Instagram, Pinterest (together: the “Website”/Site”). These Use of the Website Terms and Conditions apply to all visits and uses of the Website, as well as to the Content (as defined in the Conditions), information, recommendations, products and services provided to you on or through the Website. By accessing and using the Website, you grant your consent to these Use of the Website Terms and Conditions in their entirety in addition to any other law or regulation that applies to the Website and the Internet. If you do not agree to these Use of the Website Terms and Conditions, please leave the Website immediately.

3.1 CONTENT ON THE SITE
All of the content featured or displayed on the Site, including, but not limited to, logos, icons, trademarks, text, graphics, photographs, images, moving images, sound, illustrations and software (Content), is owned by kickstart. All elements of the Site including, but not limited to, the general design and the Content, can be protected by copyright, moral rights, database rights, trade mark and other laws relating to intellectual property rights. Except as explicitly permitted under this or another agreement with kickstart, no portion or element of the Site or its Content may be copied or retransmitted via any means. The Site, its Content and all related rights shall remain the exclusive property of kickstart, unless otherwise expressly agreed. All such rights are reserved.

3.2 OPERATOR OF THE SITE
The Site is operated by kickstart with registered address at 173 Howick Road, Wembley, Pietermaritzburg, 3201, South Africa.

3.3 COPYRIGHT AND TRADEMARKS
The copyright in all Content is and remains owned by kickstart. Except as may be otherwise indicated in specific documents within the Site, you are authorized to view, print and download Content found on the Site for personal, informational, and non-commercial purposes only. You may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any Content. You may not reuse any Content without first obtaining the consent of kickstart. For purposes of these terms, the use of any such Content on any other website or networked computer environment is prohibited. You will not remove any copyright, trademark or other proprietary notices from Content found on the Site.
In the event you download software (including but not limited to screensavers, smart phone applications, icons, videos and wallpapers) from the Site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the Software) are licensed to you by kickstart. kickstart does not transfer title to the Software to you. You own the medium on which the Software is recorded, but kickstart retains full and complete title to the Software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form.
All trademarks, service marks, logos and trade names which appear on products of kickstart, product packaging and/or on the Site, whether registered or not (the Trade Marks) remain the exclusive property of kickstart and are protected by applicable trade mark laws and treaties. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify any of the Trade Marks in any way, including in advertising or publicity pertaining to distribution of materials on the Site, without kickstarts’ prior written consent. The use of any of the Trade Marks on any other website or network computer environment, for example the storage or reproduction of (a part of) the Site in any external internet site or the creation of links, hypertext, links or deeplinks between the Site and any other internet site, is prohibited without the express written consent of kickstart.

3.4 DISCLAIMER OF WARRANTIES
The Site and the Content are free of charge and provided ‘as is’ and without any warranties of any kind. The information on the Site is for general information purposes only and does not constitute advice.
kickstart does not represent or warrant that the information and/or facilities contained in the Site are accurate, complete or current, or that the Site or the server that makes the Site available are free of viruses or any other harmful components. Further, kickstart will not provide for specific IT infrastructure or connectivity. Thus kickstart cannot represent or warrant the Site will be uninterrupted or error free. kickstart does not make any warranties or representations regarding the use of the Content on the Site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise, in each case to the fullest extent permitted by applicable law.

3.5 LIMITATION OF LIABILITY
Your use of the Site is at your own risk. Neither kickstart, nor any of its employees, directors nor any of its agents, artists or any other party involved in creating, producing or delivering the Site will be liable for any direct, indirect, special, consequential or other damages that result from the use of, or the inability to use, the Content on the Site, including damages caused by viruses or any incorrectness or incompleteness of the information on the Site, or the performance of the products or otherwise arising out of or in connection with these Terms and Conditions, even if kickstart has been advised of the possibility of any such damages.

3.6 LINKS TO THIRD PARTIES
For your convenience and to improve the usage of the Site, links to websites that are owned and controlled by third parties may be provided from time to time. These links take you outside kickstarts’ service and off the Site and are beyond kickstarts’ control. The sites you can link to have their own separate terms and conditions as well as a privacy policy. kickstart is not responsible and cannot be held liable for the content and activities of these sites. You therefore visit/access these sites entirely at your own risk.
Please note that these other sites may send their own cookies to users, collect data or solicit personal information, and you are therefore advised to check the terms of use and/or privacy policies on those websites prior to using them.

3.7 MISUSE OF THE SITE
You are prohibited from using the Site to post or transmit any User Generated Content (as defined below) which infringes or may infringe third party intellectual property rights or which is threatening, false, misleading, inflammatory, defamatory, invasive of privacy, obscene, pornographic, abusive, discriminating, illegal or which could constitute or encourage conduct that would be considered a criminal offence, violate the rights of any party or which may otherwise give rise to civil liability or violate any law. kickstart may deny you access to the Site at any time in its sole discretion, and which shall include situations where kickstart believes that your use of the Site is in breach of any of these Terms and Conditions and/or applicable laws.
You are also prohibited from using the Site to advertise or perform any commercial solicitation.

3.8 USER GENERATED CONTENT
All opinions, remarks, comments, artwork, graphics, photographs, links, questions, suggestions, information, videos and other materials that you or other users of the Site post to the Site or transmit using the Site (User Generated Content) will be deemed non-confidential and non-proprietary. Accordingly, kickstart shall have the non-exclusive, royalty-free, right to use, copy, distribute and disclose to third parties any User Generated Content for any purpose, in any medium and throughout the world (license grant). You acknowledge and agree that kickstart only acts as a passive conduit for the distribution of the User Generated Content and is not responsible or liable to you or to any third party for the content or accuracy of the User Generated Content. kickstart shall not be continuously monitoring User Generated Content published by you or moderating between users, nor shall kickstart be under an obligation to do so. Without limit to the generality of the foregoing, you acknowledge and agree that any remarks, opinions, comments, suggestions and other information expressed or included in the User Generated Content do not necessarily represent those of kickstart. Any use by you of the User Generated Content is entirely at your own risk. You represent and warrant that any User Generated Content posted or transmitted by you is original to you and does not copy the work of any third party or otherwise infringe any third party intellectual property rights, rights of privacy or personality rights and does not contain any defamatory or disparaging statements. Furthermore, you represent and warrant that you have the capacity to grant the license as stipulated in this paragraph. You agree to indemnify and keep kickstart indemnified against all costs, expenses, damages, losses and liabilities incurred or suffered by kickstart or its affiliated companies related to any User Generated Content posted or transmitted by you or your other use of the Site.
kickstart reserves the right at its sole discretion to block or remove (in whole or part) any User Generated Content posted or transmitted by you and which kickstart believes is not in accordance with these Terms and Conditions (including materials which infringe or may infringe third party intellectual property rights, rights of privacy or personality rights), or is otherwise unacceptable to kickstart.
You agree to promptly notify kickstart in writing (see How to Contact Us below for contact details) of any User Generated Content (or other Content) which breaches these Terms and Conditions. You agree to provide to kickstart sufficient information to enable kickstart to investigate whether such User Generated Content (or other Content) breaches these Terms and Conditions. kickstart agrees to make good faith efforts to investigate such complaint and shall take such action as kickstart in its sole discretion decides. However, kickstart does not warrant or represent that it will block or remove (in whole or part) such User Generated Content or other Content.

3.9 UNSOLICITED IDEAS
kickstart maintains the policy of not reviewing or accepting any unsolicited submissions of ideas, inventions, designs and/or other materials related to kickstart business whether consisting of texts, images, sounds, software, information or otherwise (the Materials) from persons external to kickstart. You should therefore not post any Materials on the Site or send these to kickstart by e-mail or otherwise.

4.1 HOW CAN YOU CONTACT US?

If you have any questions or comments about the Website or the kickstart Terms and Conditions or in the unlikely event that you wish to make a complaint please don’t hesitate to contact our Customer Service by emailing us at [email protected]. Alternatively, if you prefer to call us, please do so at number 0861 11 11 85 (Mondays – Fridays between 8am – 4pm

You can send an email to [email protected] or write to us at:
kickstart
173 Howick Road
Wembley
Pietermaritzburg
3201

Furthermore you can reach out to us on our websites online chat for assistance.

4.2 PRIORITIES
In case of contradiction between kickstart Terms and Conditions and any content contained in other parts of the Website or in links, kickstart Terms and Conditions contained in this document prevail.

4.3 AMENDMENTS TO THE KICKSTART TERMS AND CONDITIONS
We reserve the right to make changes to these Terms and Conditions at any time.
The use of this Website as well as any purchase agreement executed between you and us, will be subject to the version of the kickstart Terms and Conditions in force at the time you place the order through this Website or the day you browse this Website (as applicable).
Please check the kickstart Terms and Conditions periodically for changes.

4.4 DATA PROTECTION
kickstart fully respects the privacy of individuals who access and use the Website. For details on the manner in which we use cookies, the type of information we collect, how and for what purpose, we use your information and under what circumstances we disclose information please see our Privacy Policy, which are incorporated into and form part of these kickstart Terms and Conditions.
By placing a purchase order you agree and understand that we may collect, use, store and process your personal data in accordance with our Privacy Policy.

4.5 SEVERANCE
Each provision of the kickstart Terms and Conditions shall be construed separately and independently of each other. If any provision is deemed invalid, void or otherwise unenforceable, that provision shall be deemed severable from and shall not affect the enforceability of any of the other provisions of these kickstart Terms and Conditions.

4.6 SUB-CONTRACTING AND ASSIGNMENT
kickstart reserves the right to sub-contract, transfer, assign or novate all or any of our rights and obligations under kickstart terms and conditions provided that your rights under kickstart terms and conditions are not affected. You may not sub-contract, assign or otherwise transfer any of your rights or obligations under the kickstart terms and conditions without our consent in writing.

4.7 EVENTS BEYOND REASONABLE CONTROL
kickstart will be not held responsible for any delay or failure to perform or comply with our obligations under the kickstart terms and conditions when the delay or failure arises from any cause which is beyond kickstarts’ reasonable control.

4.8 APPLICABLE LAW AND JURISDICTION
The kickstart Terms and Conditions shall be governed by the laws of the Republic of South Africa.
You and kickstart hereby submit to the non-exclusive jurisdiction of the South African courts.

kickstart determines the purposes and means of the processing of your personal information and is the responsible party for this website and all (mobile) applications which refer to this privacy policy.

All our activities are based on stringent ethical principles and we are committed to protect the privacy of all visitors to our website and users of our (mobile) applications. For this reason, the way in which we collect and store information is dependent on how you use our website and related services.

 

3.1 PERSONAL INFORMATION COLLECTED THROUGH YOUR INTERACTION WITH US

Various technologies may be used on our websites and our (mobile) applications in order to improve them, make them more user-friendly, effective and secure. These technologies may lead to personal information being collected automatically by us or by third parties on behalf of us. Examples of such technologies are cookies, flash cookies and web analytics.

 

3.1.1 CLICK-STREAM PERSONAL INFORMATION

A visit to one of our websites results in personal information that is sent from your browser to our server. This personal information makes it possible to optimize our services and improve your experience on our websites and apps. The personal information is automatically collected and stored by us or by third parties on our behalf. This personal information can include, in particular, the following:

• the user’s IP address
• the date and time of the visit
• the referral URL (the site from which the visitor has come)
• the pages visited on our website
• information about the browser used (browser type and version, operating system, etc.)

 

3.1.2 WHAT YOU SHOULD KNOW ABOUT COOKIES

FIRST OF ALL… WHAT ARE COOKIES?

Cookies are small text files that are stored on your computer or mobile device. For this section, we conveniently use “cookies” as an umbrella term for techniques such as cookies, Flash cookies, web beacons and JavaScript. They don’t take much space and they will be removed automatically when expired. Some cookies expire at the end of your internet session, while others will be saved for a limited amount of time.

 

SECONDLY… WHY DO WE USE COOKIES?

kickstart uses cookies to ensure your visit to our website is as pleasant as possible. There are different types of cookies with different uses. Some are there just to allow you to browse the website and see certain features. Some give us an idea on your browsing experience, i.e. when you have trouble finding what you are looking for, so we can improve and make your future visit as pleasant as possible.

FINALLY… WHAT IF YOU DON’T LIKE COOKIES?

You can change your browser settings to delete or prevent cookies from being stored on your computer or mobile device without your explicit consent. The ‘help’ section in your browser should provide information on how to manage your cookie settings.

 

3.2 PERSONAL INFORMATION PROVIDED BY YOU

Besides the personal information collected by automated means, we also process personal information which you have provided to us. This includes, but is not limited to:

• your contact information, including your first and last name, billing or delivery address, birthdate and email address and, optionally, your telephone number. We need your e-mail address and (optionally) telephone number so that we may contact you if we have questions or information for you regarding your relationship with us;
• other information required to process your order, such as information concerning the products you have ordered, the billing and delivery address, banking and/or credit card details;
• if you have created an online profile, the preferences and interests stored in this profile (please see below for further information concerning the profiles);
• if you have contacted customer service, the details of the conversation, which may be recorded and the contact history;
• personal information which we reasonably need to perform our duties for purposes of marketing to you, any agreement we may have with you, or to operate your account or any kickstart program that you have signed up for or fulfil our regulatory or other business rights and obligations.

All of this personal information is characterized by the fact that you have provided this information yourself. We use this information for the purposes described in this privacy policy. You can always have your personal information corrected or object to further processing (please see subsection 7).

 

3.3 THIRD PARTIES

kickstart may collect personal information about you from third parties such as fraud agencies, or Banks, in order to verify information about you. Collection from third parties will always relate to your existing relationship with us.

We will only process your information insofar it is adequate, relevant and not excessive for the purposes set out below:

We will use your personal information for purposes relating to your agreement or relationship with us or your order; e.g., to notify you regarding the status of your order or delivery. We may use your personal information to assess your creditworthiness, for which we may use third parties.

If you have provided us with your personal information in relation to a promotion, event, (mobile) application, etc., we may send you emails or other messages which relate to the service you have requested.

We may use personal information collected about you to enhance and update our current personal information records.

If you contact customer service, we will use your personal information (including your contact history) so that customer service is able to process your request and provide you with the best service possible.

If you have given us your personal information during the sale of a product or service, we will inform you about similar products and services. We may also contact you to ask for your feedback after the sale of a product or service. In case of an interrupted sales process we will send you a reminder. You can immediately unsubscribe from any of these notifications at any time at no cost by clicking on a link in the corresponding e-mail or other message (see further below in clause 7).

 

We may contact you via the contact details provided by you (including per regular mail, e-mail, SMS, telephone or any other electronic means) for marketing, advertising and opinion research purposes of kickstart. This includes for example information related to products of the kickstart, ecommerce activities, special offers and promotions.

 

In order to be able to contact you with information which is of special interest for you, your overall interaction with kickstart (such as but not limited to your shopping behaviour in e-shops, your use of loyalty programmes, your ratings and reviews of products, your contact history with our customer service, your newsletter clicks/ opening results, your surfing behaviour (web tracking), the newsletter types you are subscribed to, your participation in promotions or events, will be combined, analysed and used. We may provide your contact personal information to kickstart for marketing, advertising and opinion research purposes. In section 7 you can find information on your rights, for example on how you can withdraw your consent or correct your personal details. We may use your personal information to comply with our regulatory or other rights and obligations and in general to carry out any other reasonable business operation considering our business and the relationship between the parties.

One of our core principles is that we will treat your personal information with care and confidentiality. We will not sell your personal information to third parties. We will share your personal information with third parties (i) as set out in this policy; (ii) if required by law; or (iii) if you have consented to it.

We will share your personal information for purposes of (i) with the following third parties:

• any company we use to provide a service on our behalf or to provide a service to us;
• any company who provides us with products or services, and or delivery of those products, only to the extent that it is reasonably required to provide the product or service;
• any payment system we may use;
• regulatory and governmental authorities, ombudsmen, or other authorities, including tax authorities, where we are requested by them to do so;)
• any other third party, if we are allowed to do so in law.

Where we use service providers and personal information operators working on behalf of kickstart, these third parties are granted access to the personal information they require in order to carry out the particular service. The service providers and personal information operators are contractually obliged to treat all personal information in the strictest confidence. It is also contractually forbidden for them to use the personal information in any other way than required. The necessary steps are taken to ensure that our service providers and the operators working on behalf of kickstart protect the confidentiality of your personal information. These services may for example include hosting and maintenance services, analysis services, e-mail messaging services, delivery services, handling of payment transactions, solvency check and address check, etc.

We will also share your personal information with employees who need access to it in order to fulfil their employment duties. The same principles that apply to service providers will also apply to employees.

We will retain your personal information in terms of our retention policies and the applicable laws.

If we keep your personal information longer than is strictly necessary for purposes of this agreement, we will either de-identify your personal information, or keep it for research or statistical purposes only.

During the period of retention, we will continue to implement reasonable and appropriate security measures.

If you provide us with personal information via our websites or other channels, this is done on an entirely voluntary basis. If you choose not to provide the requested information, various customer benefits may not be available to you. In certain cases, only those people that have submitted the necessary personal information to us are able to order products, use certain services and in other ways avail themselves of the activities and offers available on our website and (mobile) application and via our loyalty programme. As transparency and fair play are particularly important issues for us, we provide various options, depending on the exact circumstances, in order to help you retain control over your personal information. These options may include displaying and editing your personal information online. It may also be possible to unsubscribe from services or delete user accounts or to receive information about the personal information held.

7.1 RIGHT TO OBJECT AND UNSUBSCRIBE

All marketing material that kickstart sends to you that for instance contain a newsletter or marketing content, include the option to unsubscribe to the receipt of the marketing material, by following the relevant instructions in the communication.

 

7.2 RIGHT TO REQUEST INFORMATION AND TO CORRECT IT

All marketing material that kickstart sends to you that for instance contain a newsletter or marketing content, include the option to unsubscribe to the receipt of the marketing material, by following the relevant instructions in the communication.

We take reasonable appropriate technical and organisational measures to protect personal information against accidental or unlawful destruction, loss, alteration, unauthorised use, disclosure or access, in particular where the processing involves the transmission of personal information over a network, and against all other unlawful forms of processing and misuse.

We make use of electronic and computer safeguards such as firewalls and data encryption. We have physical and electronic access control to our buildings and information. We only authorise access to information to those employees and operators who require it to fulfil their designated responsibilities.

When you use the website, we may give you an access number, username, password and/or personal identification number (PIN). You are responsible to maintain the secrecy and confidentiality of your username, access number, password and/or personal identification number (“PIN”).

We will report any security breach to both the Regulator and the individuals or companies involved.

The protection of children’s personal information is extremely important. kickstart understands that it has a responsibility to protect the privacy of children and only intends to collect and use the personal information of children under the age of 18 in compliance with applicable laws. We encourage parents and other guardians to surf the Internet together with their children and enjoy the internet in a responsible manner.

 

If a child under the age of 18 attempts to register himself or herself, he or she may initially be asked to provide the information as described in the above section entitled “what personal information is collected”. In addition, he or she may be asked for consent from the parent/guardian to the registration and kickstart may require additional information from the parent or guardian to complete the registration. The personal information submitted by and collected about the child during the course of his or her visit (e.g. via cookies) may be used as described above.

We do not intend to process any “special personal information” about you, as defined in law, which includes e.g. political, religious or health-related information, except if we are under a legal obligation to do so.

Our website and (mobile) applications provide you with Social Plug-ins from various social networks. If you choose to interact with a social network, your activity on our website or via our (mobile) applications will also be made available to social networks such as Facebook, Twitter, Instagram and Pinterest.

 

If you are logged in on one of these social networks during your visit to one of our websites or (mobile) applications, the social network might add this information to your profile. If you are interacting with one of the Social Plug-ins, this information will be transferred to the social network. In case you do not want a personal information transfer, please log off on your social network before you use our website or (mobile) applications.

 

We cannot control this personal information collection and personal information transfer via the Social Plug-ins. Please read the privacy policies of those social networks for detailed information about the collection and transfer of personal information, what rights you have and how you can achieve satisfactory privacy settings.

We offer location-enabled services within some of our (mobile) applications, such as Google Maps. If you use those (mobile) applications, the companies that provide these services may receive information about your actual location (such as GPS signals sent by a mobile device) or information that can be used to approximate a location. You can generally enable or disable your location services in your device or browser settings.

 

We use the Google Maps service to assist us in finding you for delivery purposes and tracking the location of our products while rented out to you. To facilitate this, we load an image from Google Maps or Bing Maps, saving the route, personal information and map image on our server. During the period of retention, we will continue to implement reasonable and appropriate security measures.

The web analytic services on our website and (mobile) applications are provided by Google Analytics (www.GoogleAnalytics.com). This means that when you visit our website or (mobile) applications, a cookie by Google Analytics will be stored on your computer or mobile device, except when your browser settings do not allow for cookies (see clauses 3.1.2 above).

 

This further means that when you visit our website or (mobile) application, the web analytics personal information described above in clause3.1– including the “click-stream personal information”, the personal information from “web beacons and tracking links” and information stored in Google Analytics’ cookies – will be sent to Google Analytics for analysis for and on behalf of kickstart. Please note that if you have created an online profile at our website or (mobile) application and if you are logged on in this profile, a unique number identifying this profile is also being sent to Google Analytics in order to match the web analytics personal information to this profile.

 

Google Analytics acts as an agent to kickstart, which means that kickstart solely determines the purposes for which the personal information is being used and that Google Analytics will not disclose the information to any third parties (except when required to do so by law or court order). In privacy terms, this means that kickstart is the “responsible party” and Google Analytics the “operator”.

Our website and (mobile) application use re-targeting technologies. This enables us to show our visitors, who were already interested in our shop and our products, advertisements from us on partner websites. We believe that the display of a personalised, interest-based advertising is more interesting for our users than advertising that does not have a personal connection.

 

We also work with other companies who use tracking technologies to serve ads on our behalf across the Internet. These companies may collect information about your visits to our websites or (mobile) applications and your interaction with our communications, including advertising.

 

Re-targeting technologies analyse your cookies and display advertisement based on your past surfing behaviour. For further information on cookies, please refer to clause 3 of this privacy policy.

If you have any questions about the processing of your personal details or about our privacy policy you are welcome to contact us. You can send an email to [email protected]  or call us on 0861111185 (Mondays – Fridays between 8am – 4pm).

We are not responsible for, give no warranties, nor make any representations in respect of the privacy policies or practices of linked or any third party websites.

All orders over R2500 qualify for free delivery, please see the order value fee during checkout.

During periods of high order volumes, our delivery times may be extended to 4 days. You will be informed via email or telephone should we need to apply the extended delivery time.

As soon as your order is dispatched from our holding facilities you will be sent an email to confirm that your package is on its way. If you are unavailable to take delivery or collection, we may leave a card giving you instructions on either re-delivery or collection from the courier.

To follow your order, please email us on [email protected] with your order number on your invoice. Before signing for the delivery, you agree to inspect the product for any faults, defects or damage.