Terms & Conditions

1. Introduction

These Terms and Conditions are binding and enforceable against every person ("you" or "your") that accesses or uses this Website and/ or purchases products from HighlyGadgets.

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This website can be accessed via HighlyGadgets or HighlyGadgets-related mobile sites and software applications (the HighlyGadgets) and is owned and operated by the "HighlyGadgets".

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By using the Website and by clicking the "I Accept" button on the Website, as applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.

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These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the "CPA") and your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.

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If there is any provision in these Terms and Conditions that you do not understand, you may click on the "Contact Us" link and request that HighlyGadgets explain it to you before you accept the Terms and Conditions or continue using the Website.

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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 for either you or HighlyGadgets in terms of the CPA.

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HighlyGadgets 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 these Terms and Conditions.

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2. Use of Our Website

By using the Website, you warrant that you are 18 (eighteen) years of age or older and of 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 your obligations under these Terms and Conditions.

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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. You also agree that all content including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in this Website (the "Content") belongs to HighlyGadgets and you shall not therefore in any way use any robot, spider, other automatic device, or manual process to monitor, copy, reverse engineer, distribute or modify the Website or the information contained herein, without the prior written consent from HighlyGadgets.

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 HighlyGadgets.

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Adding an item to a cart does not reserve the product. While shopping, products may become unavailable due to ongoing purchases and, as a result, may be removed from your cart to avoid checking out a unit that is no longer in stock.

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3. Products & Pricing

When you place an order for a product, your order is subject to product availability. You acknowledge that stock of all products on the Website and at any store is limited and that pricing may change at any time without notice to you. HighlyGadgets will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, offers thereof are removed from the Website. HighylyGadgets cannot guarantee the availability of stock. If you order a product on the Website or any Store and that product is no longer available after payment, HighlyGadgets will notify you, and you will be entitled to a refund of any amount already paid by you for such products.

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HighlyGadgets will indicate the acceptance of your order by delivering the goods or allowing you to collect them. Only then will an agreement of sale between you and HighylyGadgets be established. This is irrespective of any confirmation from HighlyGadgets regarding your order or payment. If your order is rejected, HighlyGadgets will cancel it and refund any amount already paid.

Before delivery or your collection of the products you ordered, you may cancel an order at any time, provided you do so before receiving a dispatch notice e-mail from HighlyGadgets. After delivery or your collection of the products, you may return such products only in accordance with the HighlyGadgets Returns Policy.

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Before you make a payment on the Website, you will have the opportunity to review any order for products that you have ordered.

You may pre-order products that are newly launched prior to availability on the Website.

Pre-Orders can only be secured by making a full payment or partial payment as may be set out on this Website or as may be advised by a HighlyGadgets representative in the Store.

HighlyGadgets will endeavour to ensure that pre-orders are fulfilled as soon as stock is available; however, on occasion, there may be delays due to supply constraints.

You may cancel your pre-order before collection or delivery, and HighlyGadgets will refund the amount you paid to secure the product.

Changes made to product selection for a pre-order may result in fulfilment delays.

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When you place an order for a product, your order is subject to product availability. You acknowledge that stock of all products on the Website and at any Store is limited and that pricing may change at any time without notice to you. HighlyGadgets will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, offers thereof are removed from the Website. HighlyGadgets cannot guarantee the availability of stock. If you order a product on the Website or any Store and that product is no longer available after payment, HighlyGadgets will notify you, and you will be entitled to a refund of any amount already paid by you for such products.

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Before you make a payment on the Website, you will have the opportunity to review any order for products that you have ordered.

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You may pre-order products that are newly launched prior to availability on the Website.

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Pre-Orders can only be secured by completing the upgrade and full payment as set out on this Website or as may be advised by a HighlyGadgets representative in the Store.

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HighlyGadgets will endeavour to ensure that pre-orders are fulfilled as soon as stock is available; however, on occasion, there may be delays due to supply constraints.

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Please do note that partaking in the Pre-Order contract and completing your upgrade, your cellular network provider may start billing you for this new contract before the device is delivered to you.

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You may cancel your pre-order contract before collection or delivery, and HighlyGadgets will refund the amount you paid to secure the product. This cancellation request has to take place within 30 days of your contract start or upgrade date, as per the agreement with the Cellular Network. Any cancellation request made by the customer after the 30-day (from activation or upgrade date) window period, the customer is liable for the full contract cancellation cost as stipulated by their Cellular Network Provider.

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To keep the waiting list fair for all our customers, we have put the following rules in place;

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First-come, first-served - The waiting list will be run centrally, and stock will be allocated on a first-come, first-served basis.

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Pricing - Please note that due to the fluctuating exchange rate, we cannot confirm that pricing will remain the same by the time your product is available to be purchased. There is a chance that it may increase or decrease at the time of purchase. In order to secure the current pricing, please place a pre- or back-order on www.highlygadgets.com. Please note that this is only available for cash purchases.

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The Alert List is managed through the HighlyGadgets app. All updates for your selected product will be provided through in-app notifications. Please ensure the in-app notifications are on, within your app settings. Products are sold on a first-come, first-served basis and won't be reserved per individual alert.

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If you'd like to be kept up to date about when a product comes back in stock, you can easily request the notification on the website product pages. Please bear in mind that when you receive the notification, other customers will also have received the alert, and so stock may run out quickly, depending on demand. Please also bear in mind that by signing up for a stock alert, this doesn't secure a price. Pricing may change from when you initially set the alert to when the stock becomes available.

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4. Orders and Payments

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You will be able to make use of the following means of payment for any of the HighlyGadgets products:

Cash in South African Rands (EFT online)

Debit Card
Credit card
PayPal

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HighlyGadgets takes extensive steps to ensure that all transactions are secure. All transactions made through the Website are encrypted. You acknowledge that transactions that are performed over the internet may be vulnerable to being intercepted. HighlyGadgets will not be liable for any loss that you may suffer as a result of any interception.

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Where payment is made by credit card, HighlyGadgets may require additional information to authorize and/or verify the validity of payment. In such cases, we are entitled to withhold delivery until such time as the additional information is received by us and authorization is obtained by us for the amounts. If we do not receive authorization your order for the products will be cancelled. You warrant that you are fully authorized to use the credit card supplied for the purposes of paying for the products. 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.

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HighlyGadgets reserves the right at any time and without giving you any advance notice to make changes to the prices of goods and to correct any pricing errors that may inadvertently occur.

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Some products are not necessarily available in all stores, and the prices on this Website may vary in-store from time to time. HighlyGadgets cannot guarantee that any particular product will be available at the price displayed on this website in-store

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All returns and refunds are to be processed using the existing HighlyGadgets returns policy. 

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5. Shipping and Delivery

When you order the products off the Websites, you may elect to either:

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collect the products at any HighlyGadgets branch identified on the Website; or

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Request that the products be delivered to you.

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HighlyGadgets will perform deliveries through a third-party service provider. You may be required to provide a valid form of identification when your order is delivered.

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HighlyGadgets is not liable for any incorrect order or delivery where you make an error in the information that you provide to HighlyGadgets, i.e. if you provide the incorrect delivery address or submit an incorrect order.

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You acknowledge that the delivery of your order may be impacted by events beyond HighlyGadgets control, such as adverse weather conditions or industrial action. HighlyGadgets is not liable for late deliveries of products purchased through the Website. HighlyGadgets will, however, try to ensure a smooth delivery process. Depending on the region, orders placed on a Friday or over a weekend may be delivered on the next business day.

Same-day deliveries are only available for Johannesburg, Pretoria, Cape Town and Gqeberha at this time and can only be done on certain products due to size restrictions.

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Same-day delivery is free for all purchases. Same day will reflect at checkout on qualifying products. Delivery cut-offs may apply based on resource capacity. Order early to avoid disappointment.

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Orders must be placed and paid for by 11:00 each day to qualify for same-day delivery. Orders placed after this time will be delivered as soon as possible, the following working day. Same day is also subject to driver availability. As far as possible, we will endeavour to have orders delivered within the same day, but if this is not possible due to driver availability, we will deliver as soon as possible the following working day. Where EFT is used to process a payment for an order, the payment must first clear in order for the same-day order delivery to be placed. EFT payments can take some time to clear, depending on your bank, so same-day delivery is not guaranteed unless payment is immediate. Should there be any delays due to inclement weather or any acts outside of the control of HighlyGadgets, the order will be delivered as soon as possible. Customers will be notified in such instances. If, for whatever reason, the order cannot be delivered on the same day, it will be delivered first thing on the next business day. Customers will be notified in such instances.

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If you elect to collect the products from a Store, the Website will present a list of Stores that have or will have the products that you have ordered. You may then select the Store that you will be able to collect the products from (the "Collection Store").

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If a product is not stocked in a particular Store, you will not be able to select that Store as the Collection Store on the Website.

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The availability of the stock at the Collection Branch is as at the time the transaction is processed on the Website, and the product may subsequently become unavailable between the time you completed the transaction and the time you go to collect the products from the Collection Branch. If the product becomes unavailable after the transaction on the Website, HighlyGadgets will inform you and advise when the product may be available at that Collection Branch. You may then elect another Collection Branch to have the order delivered to a delivery address or cancel the order, and HighlyGadgets will make a refund to you.

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After completing the transaction on the Website, you will receive a confirmation e-mail advising you of the status of your transaction and the Collection Branch you have chosen. You will further receive another email and SMS with collection instructions. HighlyGadgets will also advise you when your products are ready for collection at the Collection Branch. Please do not attempt to collect the products from the Collection Branch before receiving communication from HighlyGadgets that your order is ready for collection (the "Collection Notice").

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A store consultant will assist you at the Collection Branch and will require you to present valid identification in the form of an RSA ID document, a passport or a driver's license, as well as the unique pin (One Time Pin) issued via email or SMS.

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Orders not collected within 14 days of the order date will be cancelled and fully refunded to the original payment method.

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Payments will only be made into South African-registered bank accounts. Should all the above conditions be met, allow 14 working days for the committed cash amount to be transferred.

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HighlyGadgets will not be held liable for any misrepresentation caused due to an unintentional copy error, and/or omission that may occur on any of our materials.

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Payments will be made either as a refund to the card you used to purchase or processed into a South African bank account that you nominate.

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Please note that in-store cashback EFT payments clear within forty-eight to seventy-two hours after final approval, with up to ten days for manual processing.

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6. Please refer to our Returns Policy for more information about returning products (and related refunds, replacements or repairs). The Returns Policy is incorporated by reference (which means that it forms part of these Terms and Conditions).

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7. HighlyGadgets shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of products on the Website or the Store. However, should there be any errors of whatsoever nature on the Website or Store (which are not due to HighlyGadgets gross negligence), HighlyGadgets shall not be liable for any loss, claim or expense relating to a transaction based on any error, save - in the case of any incorrect purchase price - to the extent of refunding you for any amount already paid, or otherwise as set out in the Returns Policy.

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HighlyGadgets shall not be bound by any incorrect information regarding the products displayed on any third-party websites.

8. Please refer to our Privacy Policy incorporated by reference (which means that it forms part of these Terms and Conditions).

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9. HighlyGadgets may, in its sole discretion, change any of these Terms and Conditions at any 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.

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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.

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10. The use of the Website is entirely at your own risk, and you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website.

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Whilst HighlyGadgets takes reasonable measures to ensure that the content of the Website is accurate and complete, HighlyGadgets makes 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 accuracy, completeness or reliability of any information on the Website. If any such representations or warranties are made by HighlyGadgets representatives, HighlyGadgets shall not be bound thereby.

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HighlyGadgets disclaims liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Website and/or any content therein, unless otherwise provided by law.

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Although the products 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 in law.

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In addition to the disclaimers contained elsewhere in these Terms and Conditions, HighlyGadgets also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which can 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 can 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 wilful misconduct of HighlyGadgets, its employees, agents or authorised representatives. HighlyGadgets 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 the Website.

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11. This Website may contain links or references to other websites ("Other Websites") which are outside of HighlyGadgets control. These Terms and Conditions do not apply to those Other Websites, and HighlyGadgets is not responsible for the practices and/or privacy policies of those Other Websites or the "cookies" that those sites may use.

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Even though the Website may refer to or provide links to Other Websites, your use of such Other Websites is entirely at your own risk, and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Other Websites or your reliance on any information contained thereon.

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12. HighlyGadgets cannot be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website, save where such liability arises from the gross negligence or wilful misconduct of HighlyGadgets, its employees, agents or authorised representatives.

To the extent permissible by law, HighlyGadgets will not be liable for any direct, indirect, special or consequential loss or damages howsoever arising out of your use of any of the HighlyGadgets products.

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HighlyGadgets will not be liable for any direct, indirect, special or consequential loss or damages howsoever arising, including but not limited to, your use of this Website, activity on the Website and/or any linked Other Websites.

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You hereby indemnify HighlyGadgets and hold it harmless against any loss or damage you or any third party may suffer as a result of your use of this Website, any Other Website and/or the HighlyGadgets products.

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13. HighlyGadgets will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and is entitled to discontinue providing the Website or any part thereof with or without notice to you.

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HighlyGadgets may, in its sole discretion, terminate, suspend and modify this Website, with or without notice to you. You agree that HighlyGadgets will not be liable to you if it chooses to suspend, modify or terminate this Website other than for processing any orders made by you before such time, to the extent possible.

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14. All complaints and queries should be sent by email to info@highlygadgets.com

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Any legal notices that you give HighlyGadgets under this contract must be sent to info@highlygadgets.com

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Notices must be sent either by hand, prepaid registered post, telefax or email and must be in English. All notices sent -

by hand will be deemed to have been received on the date of delivery;

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by prepaid registered post, will be deemed to have been received 10 days after the date of posting;

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by telefax before 16h30 on a business day will be deemed to have been received on the date of successful transmission of the telefax. All telefaxes 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

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by email will be deemed to have been on the date indicated in the "Read Receipt" notification. All e-mail communications between you and HighlyGadgets must make use of the "Read Receipt" function to serve as proof that the e-mail has been received.

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Where HighlyGadgets needs to give you any notice as provided for in these Terms and Conditions or provide additional information about the products and services supplied to you, HighlyGadgets will do so by sending you an email or posting a notice on this Website. You hereby consent to HighlyGadgets providing you with notices or information in this way.

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15. These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.

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In the event of any dispute arising between you and HighlyGadgets, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Gauteng Division, Johannesburg), notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.

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Nothing in this clause 14 or the Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.

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16. You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.

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Any failure on the part of you or HighlyGadets to enforce any right in terms hereof shall not constitute a waiver of that right.

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If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.

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No variation, addition, deletion, or agreed 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.

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If you need to obtain a sales record of your transaction to buy products through the HighlyGadgets Website, you can contact HighlyGadgets within 30 days of the transaction.

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.

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These Terms and Conditions contain the whole agreement between you and HighlyGadgets, and no other warranty or undertaking is valid, unless contained in this document between the parties.

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17. The Website displays content (the "Content") which is comprised of:

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copyright (the "Copyright") in copyrighted works, including without limitation literary works, artistic works, sound recordings and cinematographic films, owned by the proprietors of such copyrighted works, including HighlyGadgets, Core Group and other third party owners of such Content (the"Content Providers"): and

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trade marks, trade names, service marks, logos, style names, trading names and any slogans (the "Trade Marks"), which are proprietary to HighlyGadgets or an affiliated entity.

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All such Copyright and Trade Marks are protected by South African and International copyright and trade mark laws.

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All rights in and to the Copyright and the Trade Marks in the Content are reserved and retained by HighlyGadgets and/or the Content Providers, as the case may be.

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The User is entitled to access the Website and download, reference, reproduce and use the Content for the sole purpose of the provision of information. Under no circumstances is the User entitled to access, download, reproduce or use any of the Website or the Content for any purpose other than the purpose expressly set out above.

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All Content downloaded or otherwise copied from the Website may only be presented, regardless of format, in conjunction with the appropriate copyright and trade mark notices, as provided on the Website.

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In reproducing the Trade Marks as authorised herein, the User shall cause these to be reproduced exactly and accurately as they appear on the Website. The User shall not use or reproduce the Content in a manner which would in any way damage, injure or impair the reputation of HighlyGadgets or the Trade Marks.