Terms and Conditions
Welcome to Hermes Gaming, owned and operated by Trouvaille Trading (Pty) Ltd (hereafter referred to as “Trouvaille Trading”, “we”, “us” and “our”).
These Terms and Conditions set out the terms that regulate the use of this website by the user and govern the ordering, sale and delivery of goods, and the overall use of the website.
These Terms and Conditions have been developed in accordance with South African law are binding and enforceable against every person that accesses or uses this website (“you”, “your” or “user”), including without limitation each user who registers as contemplated below (“registered user”).
By using the website and by clicking on the “Register Now” button on the website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions. The website enables you to shop online for an extensive range of toys and gaming products, (“goods”).
Acceptance Of Terms
The moment a user accesses the website all Terms and Conditions take immediate effect, and become a binding agreement between Hermes Gaming (Trouvaille Trading (Pty) Ltd) and any user that accesses the site. The current version of these Terms will govern both Hermes Gaming (Trouvaille Trading) and the rights and obligations of the user each time the website is accessed. If a user does not agree with any of the provisions contained in these Terms, the user must immediately stop using the website. Failure to do so, and continued use of the Website, will mean that you have read, understood, and agree to the provisions of these Terms.
Use Of The Website (www.HermesGaming.co.za)
By accessing the website, the user warrants that the use of the website is for lawful purposes, and that the user is over 18 years of age, and can legally conclude an agreement with Hermes Gaming (Trouvaille Trading).
The user further warrants that he/she will not contravene any South African or international laws by using the website, any products offered on the website, or any information provided to you by Hermes Gaming (Trouvaille Trading) through the use of the website. Except as expressly authorised by these Terms, no user may use, alter, copy, distribute, or transmit any content contained on this website.
Use Of Information
Hermes Gaming (Trouvaille Trading) conducts its business in accordance with South African legislation applicable to its business. One aspect of such legal compliance relates to data protection. Hermes Gaming (Trouvaille Trading Pty Ltd) values the privacy of all user information and will protect all personal information in accordance with the laws and regulations of South Africa. This includes the Protection of Personal Information Act (POPIA).
By using the website, users acknowledge, agree and consent to Hermes Gaming (Trouvaille Trading) and our suppliers, or any person authorised on our behalf, using personal information, for any purpose necessary for you to use the website, or for Hermes Gaming (Trouvaille Trading) to render any service to you via the website.
Ammending Terms
Hermes Gaming (Trouvaille Trading) reserves the right to amend these Terms and Conditions at any time. Whenever Hermes Gaming (Trouvaille Trading) concludes any amendments to these Terms and Conditions, the amended Terms will be posted on this page, together with an indication at the bottom of the page as to the date upon which the Terms were last revised. Users agree to review these Terms for any such amendments when visiting the website. Should any user not agree to any amendments to these Terms, he/she must immediately stop using the website.
User Content
There are certain areas on the website that allow users of the website to upload questions, data, and other information. As a user, you are responsible for the content that you upload, display, and add to the website. Hermes Gaming (Trouvaille Trading) is not responsible for reviewing any user content.
Users agree not to add any user content that contains any information that is not legally permitted, users do not have a right to make available under any law, or under contractual relationships he/she knows is incorrect. Users agree that any user content that is added to the website by the user does not violate any third-party rights.
Copyright and Intellectual Property Rights
For purposes of these Terms and Conditions, Intellectual Property Rights means all intellectual property rights including, patents, designs, copyright, trademarks, trade secrets and know-how, applications and registrations, renewals, and extensions.
Unless the contrary is specified in these Terms and Conditions, all content contained on the website, or incorporated or embedded in any service offered on the website, including software, images, text, graphics, illustrations, logos, branding, photographs, and all Intellectual Property Rights in such content, belongs exclusively to Hermes Gaming (Trouvaille Trading). You agree that you will at no time lay claim to Hermes Gaming (Trouvaille Trading) content, and to any Intellectual Property Rights subsisting in such content.
Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license to any Intellectual Property Rights belonging to Hermes Gaming (Trouvaille Trading), and you agree that as a users you will not:
- Modify, port, translate, localise, or create derivative works of Hermes Gaming (Trouvaille Trading) content.
- Decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques or algorithms contained or incorporated in any content.
- Disclose any of Hermes Gaming (Trouvaille Trading) content.
- Sell, lease, license, sublicense, copy, market, reproduce, transmit or distribute Hermes Gaming (Trouvaille Trading) content.
Users understand and acknowledge that he/she may be exposed to user content that is inaccurate, misleading, and offensive. You agree that Hermes Gaming (Trouvaille Trading) will not be liable for any damages you allege to incur because of exposure to such user content.
Warranties and Liabilities Disclaimer
Hermes Gaming (Trouvaille Trading) does not make any warranties, statements, or guarantees, regarding the website and any services offered on the website. These are provided on an “as is” basis. Use of the website, any content and any service offered is entirely at your own risk.
Hermes Gaming (Trouvaille Trading) makes no warranties or conditions about the quality, accuracy, reliability, completeness, or timeliness of any of the foregoing. Hermes Gaming (Trouvaille Trading) does not take any responsibility for any errors, omissions or inaccuracies on the website, the content and any product or service that may be offered. Neither Hermes Gaming (Trouvaille Trading) nor its shareholders, directors, or employees (Indemnified Parties), shall be responsible for any loss, harm, damage, and expense which may be suffered by you or any third-party, which may be attributable to your access and use of the website, or any information contained on or received via the website.
The Indemnified Parties shall not be liable for any loss of business, data or profits, failure, or unavailability of the website for any reason, and failure by any third-party service provider to render any service which is necessary to ensure the availability of the website.
You hereby indemnify the Indemnified Parties against any loss, liability, harm, damage, or expense which may be suffered by you or any third-party because of or which may be attributable to any of the above.
Indemnity Clause
In addition to the warranties and indemnities set out above, users hereby agree to hold harmless the Indemnified Parties from any claims, damages, obligations, losses, liabilities, costs or debt, and expenses arising from:
Any user’s violation of any provision of these terms.
Your violation of any third party right including any Intellectual Property Right, or other property or privacy right.
Any claim that the user content caused damage to a third-party.
External Links
External links may be provided for your convenience; however, Hermes Gaming (Trouvaille Trading) makes no representations whatsoever about any third-party website or its content. Use of any external links provided is entirely at your own risk. It is the responsibility of the user to ensure that he/she obtains all relevant information and that you read the privacy and security policy displayed on any third-party website. Hermes Gaming (Trouvaille Trading) has no control over such third-party websites and will not be liable for any loss or damage that a user may suffer, because of the use of third-party websites.
Governing Laws
These Terms and Conditions shall be governed in accordance with the laws of the Republic of South Africa, and you hereby submit to the jurisdiction of the South African Magistrates Court. If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable by a competent court in the Republic of South Africa, then that provision shall be severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
POPIA
In South Africa, consumers have a deep mistrust and lack the confidence that organisations use the information they collect lawfully and for an agreed upon purpose. The Protection of Personal Information Act of 2013 (POPIA) is South Africa’s prevailing data protection law. It joins a raft of similar laws around the world.
We at Hermes Gaming (Trouvaille Trading Pty Ltd), believe the security of our customers privacy is something that they never have to question. Arrangements in this regard should be uncomplicated and easily understood. Therefore, Hermes Gaming (Trouvaille Trading) builds its Privacy Policy Statement on these three objectives:
- Respect for consumer privacy.
- Provision of transparency on information processing.
- Provision of security as it relates to cybertheft, data loss and identity theft.
We believe that privacy should be focused on private consumer interactions, data encryption, reducing data permanence, data safety, interoperability of devices and applications, and secure data storage. We take full responsibility in terms of the POPI Act to take reasonable measures to ensure data security and prevent data breach or loss.
The POPI Act is about security, in addition to being about respecting the rights of the data subject.
Hermes Gaming (Trouvaille Trading) shall promote a culture of data privacy and digital transformation as a vital strategy in the complexity of our daily operations. This will deliver a competitive advantage to Hermes Gaming (Trouvaille Trading). Hermes Gaming (Trouvaille Trading) acknowledges that there is no single tool that can accomplish end-to-end POPIA compliance, but that it is only possible through the ethical conduct of employees and managers, and the continued prioritising of the security and maintenance of our data protection systems.
Consumer Privacy
Hermes Gaming (Trouvaille Trading) recognises that one of its fundamental responsibilities is to ensure that it protects Personal Information entrusted to it by its customers. This is critical for Hermes Gaming (Trouvaille Trading) reputation and for complying with its legal obligations.
This notification complies with the POPI Act.
Applicability
Hermes Gaming (Trouvaille Trading) collects three types of Information:
- Personal Information.
- Sensitive Personal Information.
- Personal Information means any information that relates to a person, that can identify such person, for example, telephone number, name, address, transaction history, etc.
Sensitive Personal Information of a person means such personal information which consists of information relating to passwords, financial Information such as bank account or credit card or debit card or other payment instrument details. Also, It also includes national identifiers including account number, bank card details, etc.
When you browse our site or receive one of our emails, Hermes Gaming (Trouvaille Trading) uses cookies to collect information and store your online preferences.
Accuracy
Hermes Gaming (Trouvaille Trading) has processes in place to ensure that the Personal Information it stores is complete, accurate and current. If there is a reason to believe that Personal Information residing with Hermes Gaming (Trouvaille Trading) is incorrect, the customer should inform Hermes Gaming (Trouvaille Trading) in this regard. Hermes Gaming (Trouvaille Trading) shall correct the information as quickly as possible.
Purpose of Collection of Personal Information
Hermes Gaming (Trouvaille Trading) will use the information collected to manage its business and offer an enhanced online experience on its website. It will also enable Hermes Gaming (Trouvaille Trading) to:
- Process purchase transactions, and related requests.
- Maintain internal records.
- Provide services to customers, including responding to customer requests.
- Comply with all applicable laws and regulations.
- Recognise the customer when he or she interacts with Hermes Gaming (Trouvaille Trading).
- Understand the needs of the customer, and provide relevant product offers.
If a customer does not wish to provide consent for usage of its Personal Information or Sensitive Personal Information or later withdraws the consent, Hermes Gaming (Trouvaille Trading) shall have the right not to provide products and services or to withdraw the services for which such information was sought from the customer.
Sharing of Information
Hermes Gaming (Trouvaille Trading) shall not share the Personal Information of its customers without their prior consent. If Hermes Gaming (Trouvaille Trading) shares the Personal Information with third parties, these parties shall be bound contractually to ensure that they protect customer Personal Information in accordance with applicable laws.
The above obligations shall not apply to information shared with government mandated under the law. If any Personal Information is freely available or accessible in the public domain, Hermes Gaming (Trouvaille Trading) shall not have any obligations regarding its protection.
Security Practices
The security of Personal Information is a priority and shall be ensured by maintaining physical, electronic, and procedural safeguards. These safeguards must meet applicable laws to protect customer information against loss, misuse, damage and unauthorised access, changes, or sharing.
Employees shall be trained in the proper handling of Personal Information.
When other companies are used to provide services on behalf of Hermes Gaming (Trouvaille Trading), we shall ensure that such companies protect the confidentiality of Personal Information they receive in the same manner Hermes Gaming (Trouvaille Trading) protects it.
Amendments
Hermes Gaming (Trouvaille Trading) reserves the right to change or update this notification, at any time with reasonable notice to customers on the Hermes Gaming (Trouvaille Trading) website. Customers will always be aware of the information that is collected, for what purpose Hermes Gaming (Trouvaille Trading) uses it, and under what circumstances, Hermes Gaming (Trouvaille Trading) may disclose it.
Response to Enquiries and Complaints
Hermes Gaming (Trouvaille Trading) encourages customer enquiries, feedback and complaints which shall help it identify and improve the services provided to the customers. Should you have any enquiries, please contact the Information Officer of Hermes Gaming (Trouvaille Trading).