Terms & Conditions

1.1 These Terms and Conditions ("Terms") govern your access to and use of the website, products, software, and services provided by Zamatrack (Pty) Ltd (Registration No. [to be inserted]), a subsidiary of Worxit Business Solutions (Pty) Ltd (collectively referred to as "Zamatrack", "we", "us", or "our").

1.2 By accessing this website, placing an order, or using any of our services, you ("the user", "customer", or "you") confirm that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and all applicable South African legislation.

1.3 If you do not agree with any part of these Terms, you must discontinue use of the website and services immediately.

1.4 These Terms are subject to and must be read in conjunction with the following South African legislation:

• •The Consumer Protection Act 68 of 2008 ("CPA")
• •The Electronic Communications and Transactions Act 25 of 2002 ("ECT Act")
• •The Protection of Personal Information Act 4 of 2013 ("POPIA")
• •The Companies Act 71 of 2008
• •The Value-Added Tax Act 89 of 1991 ("VAT Act")
• •The Promotion of Access to Information Act 2 of 2000 ("PAIA")

3.1 Zamatrack provides enterprise-grade communication hardware, SaaS platform solutions, software licences, and related professional services.

3.2 All product descriptions, images, and specifications are presented as accurately as possible. In accordance with Section 29 of the CPA, we do not engage in misleading, deceptive, or fraudulent representations regarding our products or services.

3.3 Product availability is subject to stock levels. We reserve the right to discontinue any product or service at any time.

3.4 All prices are quoted in South African Rand (ZAR) and are inclusive of VAT at the prevailing rate as required by the VAT Act, unless expressly stated otherwise.

3.5 We reserve the right to correct pricing errors. If a pricing error is identified after an order has been placed, we will notify you and provide the option to proceed at the correct price or cancel the order for a full refund.

4.1 In terms of the ECT Act, an electronic transaction is concluded when you complete the checkout process and receive an order confirmation from us.

4.2 You will receive an electronic acknowledgement of receipt of your order. This acknowledgement does not constitute acceptance of the order. Acceptance occurs when we dispatch the goods or confirm service activation.

4.3 All orders are subject to acceptance and availability. We reserve the right to decline any order at our discretion, in which case a full refund will be issued.

4.4 Payment must be received in full before order processing and dispatch. We accept payment methods as displayed at checkout.

4.5 Invoices compliant with the VAT Act will be provided for all completed transactions.

5.1 In terms of Section 44 of the ECT Act, you may cancel any electronic transaction within 7 (seven) days of receiving the goods, without reason and without penalty.

5.2 You are responsible for the direct cost of returning the goods. Goods must be returned in their original condition and packaging.

5.3 Refunds will be processed within 14 (fourteen) business days of receiving the returned goods, using the original payment method.

5.4 In addition to the ECT Act cooling-off period, consumers may also rely on the rights afforded under the CPA, including the right to return defective goods, goods that are not of a type and quality reasonably expected, or goods that are not fit for the purpose communicated to the supplier.

5.5 For full details on our returns process, please see our Shipping & Returns page.

6.1 In accordance with the Consumer Protection Act 68 of 2008, you are entitled to the following rights:

7.1 All hardware products are covered by the manufacturer's warranty as specified in the product documentation, in addition to the implied warranty under Section 56 of the CPA.

7.2 In terms of Section 56 of the CPA, within 6 (six) months of delivery, if goods are found to be defective, unsafe, or not fit for purpose, you may return the goods and choose between a repair, replacement, or full refund.

7.3 Warranty claims must be accompanied by proof of purchase. Goods must not have been damaged through misuse, negligence, or unauthorised modification.

7.4 Software and SaaS services are provided with a service level commitment as outlined in the applicable service agreement. Software is not covered by the implied warranty of quality under the CPA but is subject to the terms of the applicable licence agreement.

8.1 Software licences and SaaS subscriptions are governed by the applicable End User Licence Agreement ("EULA") or Service Level Agreement ("SLA") provided at the time of purchase or activation.

8.2 Licences are non-transferable unless explicitly agreed in writing.

8.3 Subscription fees are billed according to the selected plan. Volume pricing tiers are based on total active licences.

8.4 Cancellation of subscriptions must be done in writing. Refunds for unused subscription periods will be handled in accordance with the CPA and the applicable SLA.

8.5 Zamatrack reserves the right to suspend or terminate access to software services in the event of non-payment, breach of the EULA, or misuse.

9.1 Local shipping within South Africa is charged at a flat rate of R250. International shipping is calculated based on weight and destination.

9.2 Delivery timeframes are estimates only and are not guaranteed. Zamatrack will not be held liable for delays caused by third-party couriers or circumstances beyond our control.

9.3 Risk in goods passes to the customer upon delivery. Title in goods passes upon receipt of full payment.

9.4 In terms of Section 19 of the CPA, delivery of goods must occur within the agreed timeframe, or within a reasonable time if no timeframe was agreed. If delivery does not occur, you may cancel the order for a full refund.

9.5 For full details, please see our Shipping & Returns page.

10.1 Zamatrack is committed to protecting your personal information in accordance with the Protection of Personal Information Act 4 of 2013 ("POPIA").

10.2 We collect, process, and store personal information only for lawful purposes directly related to our business activities, and only to the extent necessary.

10.3 You have the right to access, correct, or request deletion of your personal information held by us, subject to the provisions of POPIA.

10.4 We will not share your personal information with third parties except as required by law, or as necessary to fulfil our obligations to you (e.g., courier services for delivery).

10.5 For full details on how we handle your personal information, please refer to our Privacy Policy.

10.6 In terms of Section 69 of POPIA, you have the right to lodge a complaint with the Information Regulator if you believe your personal information has been mishandled. The Information Regulator can be contacted at inforegulator.org.za.

11.1 In terms of Section 69 of the CPA and Section 11 of POPIA, Zamatrack will not send you unsolicited direct marketing communications unless you have provided prior consent or you are an existing customer.

11.2 You may opt out of direct marketing at any time by contacting us at info@zamatrack.co.za or by using the unsubscribe mechanism provided in any marketing communication.

11.3 We will process your opt-out request within a reasonable time, and no later than the timeframes prescribed by POPIA.

12.1 All content, trademarks, logos, software, designs, and intellectual property on this website are the property of Zamatrack (Pty) Ltd, Worxit Business Solutions (Pty) Ltd, or their respective licensors.

12.2 You may not copy, reproduce, distribute, modify, create derivative works from, publicly display, or exploit any content from this website without prior written consent from Zamatrack.

12.3 The Zamatrack and Worxit names, logos, and all related product and service names, design marks, and slogans are registered or unregistered trademarks of their respective owners.

13.1 If you create an account with us, you are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

13.2 You must notify us immediately of any unauthorised access to or use of your account.

13.3 You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate.

13.4 Zamatrack reserves the right to suspend or terminate accounts that are found to be in breach of these Terms.

14.1 To the maximum extent permitted by South African law, Zamatrack's total liability arising from or in connection with these Terms, whether in contract, delict (tort), or otherwise, shall not exceed the total amount paid by you for the specific product or service giving rise to the claim.

14.2 Zamatrack shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, business opportunity, or goodwill.

14.3 Nothing in these Terms excludes or limits liability that cannot be excluded or limited under South African law, including liability under the CPA for defective goods or unsafe products.

14.4 Zamatrack shall not be liable for any failure or delay in performance resulting from circumstances beyond our reasonable control (force majeure), including but not limited to natural disasters, power outages, internet disruptions, pandemics, civil unrest, or government actions.

15.1 In the event of a dispute arising from these Terms, the parties shall first attempt to resolve the matter through good-faith negotiation.

15.2 If the dispute cannot be resolved through negotiation within 30 (thirty) days, either party may refer the matter to mediation.

15.3 If mediation fails, the dispute may be referred to arbitration in accordance with the rules of the Arbitration Foundation of Southern Africa ("AFSA"), or to the appropriate South African court.

15.4 In terms of the CPA, consumers may also lodge complaints with the National Consumer Commission (NCC) or the relevant industry ombud.

16.1 We reserve the right to terminate or suspend your access to our services immediately, without prior notice, for conduct that violates these Terms, is harmful to other users, or is otherwise unlawful.

16.2 Upon termination, all rights granted to you under these Terms will cease immediately. Any provisions that by their nature should survive termination shall remain in effect, including intellectual property, limitation of liability, and dispute resolution clauses.

17.1 These Terms are governed by and construed in accordance with the laws of the Republic of South Africa.

17.2 Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts of the Republic of South Africa, specifically the Gauteng Division of the High Court, Johannesburg, unless otherwise required by law.

17.3 If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

18.1 Zamatrack reserves the right to amend these Terms at any time. Updated Terms will be published on this website with the revised date.

18.2 Where material changes are made, we will take reasonable steps to notify you, including by email or a prominent notice on the website.

18.3 Your continued use of the website and services after changes have been posted constitutes acceptance of the revised Terms.

19.1 If you have a complaint regarding any product, service, or aspect of your experience with Zamatrack, please contact us first so we can attempt to resolve the matter directly.

19.2 If you are not satisfied with our response, you may escalate the complaint to the following bodies: