Terms and Conditions
When reading through the Terms and Conditions, the Privacy Statement and Disclaimer as well as any and all of the agreements, the following terminology is applicable:
1. Client will apply to you, the person who is using this website and thereby accepting the Terms and Conditions set by the Company.
2. The Company, ourselves, our, we and us will apply to The BedHub
3. Parties, Party and Us, will apply to both the client and ourselves (The BedHub) or it can apply individually to the client or individually to The BedHub.
4. Terms will apply to the offer, acceptance and/or consideration of payment that is needed for us to give assistance to a client in an appropriate manner such as a formal meeting or for the purpose of meeting a client’s needs as set in The BedHub stated services and products as it relates to South African law.
The terminology written above when used as the plural, singular or capitulation variation of the words, will be seen as interchangeable and as such it will be seen as the same thus meaning that the Terms and Conditions apply and that the laws surrounding the terms and conditions also apply.
Privacy Statement
1. Introduction
The BedHub respects the right to privacy and confidentiality of our potential and existing clients’ personal information.
The Protection of Personal Information Act describes personal information as information relating to an identifiable, living, natural person, and where it is applicable, an identifiable, existing juristic person. This includes data such as names, contact details, and identity numbers.
This Policy explains how we obtain, use, and disclose our clients’ personal information, in accordance with the requirements of the Protection of Personal Information Act (“POPIA”) and the Electronic Communications and Transaction Act (“ECTA”).
At The BedHub, we are committed to protecting our clients’ privacy and ensuring that their personal information is collected and used properly, lawfully, and transparently.
The BedHub reserves the right to amend this Privacy Policy or add provisions to it at any time by publishing an updated version on our website.
2. Objective
The objective of this Policy is to ensure compliance with the Protection of Personal Information Act and the Electronic Communications and Transaction Act by:
• Setting out our strategy to uphold the rights to privacy and confidentiality of our clients’ personal information.
• Notifying data subjects how we will handle the personal information that we obtain.
3. Information we collect
The Mattress Warehouse collects personal information in various instances, including when:
• Data subjects contact The BedHub or request information or services;
• The BedHub provides services to data subjects;
• Persons apply for employment at The BedHub;
• When persons use The BedHub’s websites or engage with The BedHub through social media;
• When persons use The BedHub’s website to complete online surveys or competitions;
• The BedHub may collect the information directly from a data subject or from third parties (such as regulators, government authorities, and registries);
The interaction with The BedHub on The BedHub’s website will result in the collection of information regarding the person’s activities on the website. Similarly, when anyone engages with the company via any one of The BedHub’s social media platforms. This information includes, but is not limited to, the person’s name, contact details, and information regarding the matter with which they need assistance.
In the course of engaging with clients, The BedHub will naturally be exposed to and collect personal information which includes the data subject’s name, contact details, financial information as well as other necessary information.
The BedHub is committed to protecting the privacy rights of minors and we encourage parents and guardians to take an active role in their children’s online activities and interests. The BedHub does not knowingly collect information from minors and will not target its website to minors.
As part of its recruitment processes, The BedHub may collect information from graduates and employment applicants. This information includes educational information as well as employment history. By inquiring regarding employment opportunities at The BedHub or applying for employment, applicants are deemed to provide their consent to The BedHub’s processing of their personal information for recruitment purposes, which may include screening as well as background and reference checks.
4. Processing of Personal Information
The BedHub may process personal information:
• to provide services to clients;
• to comply with legal or regulatory obligations;
• if a data subject has provided their consent; or
• if the processing is allowed by law.
The purposes for which The BedHub processes personal information include, but are not limited to:
• marketing and promotion of The BedHub services to which clients may “opt-out” of receiving;
• providing and improving services to clients;
• improving users’ experience when using The BedHub’s websites;
• enabling The BedHub’s internal operations;
5. Information Security
We are legally obliged to provide adequate protection for the personal information we hold and to stop unauthorized access and use of personal information. We will, on an ongoing basis, continue to review our security controls and related processes to ensure that our clients’ personal information remains secure.
Our security policies and procedures cover:
• Physical security;
• Computer and network security;
• Access to personal information;
• Secure communications;
• Retention and disposal of information;
• Acceptable usage of personal information;
• Governance and regulatory issues;
• Monitoring access and usage of private information;
• Investigating and reacting to security incidents.
6. Disclosure of Information
We may disclose your information:
• Where we have a duty or a right to disclose in terms of law, industry codes, or a Court Order;
• Where we believe it is necessary to protect our rights;
The third parties to whom we disclose personal information include, but are not limited to:
• third-party service providers to The BedHub or its clients;
• government authorities and registries, organs of state, regulators, courts, tribunals, and law enforcement agencies.
7. Transfer of Personal Information
Personal information collected by The BedHub may be transferred to persons in other countries. Those countries’ laws might not protect personal information in the same way or on the same level as the law in the data subject’s country. However, The BedHub will take reasonable steps to ensure that recipients in other countries have appropriate privacy measures in place.
8. Retention of Personal Information
The BedHub retains personal information for as long as may be reasonably necessary in accordance with applicable law.
9. Cookies and Website Use
The BedHub’s website makes use of cookies.
A website visitor may disable or decline cookies. However, if the visitor does so, their user experience on the site may be diminished.
Our website may provide links to external websites for your convenience and information. The BedHub does not accept liability for those sites or their privacy practices and cannot be held responsible for the content of such websites.
We encourage you to review the privacy policy of any company before submitting your personal information as unrelated third parties are not covered by The BedHub Privacy Policy.
10. Direct Marketing
The BedHub may send marketing and promotional communications and material to persons. Recipients may opt-out from receiving such communications by contacting The BedHub at the details provided on our website.
11. Client’s Rights
11.1 Access to Information
You have the right to request a copy of the personal information we hold about you. To do this, simply contact us at the numbers/addresses as provided on our website and specify what information you require. We will need a copy of your ID document to confirm your identity before providing details of your personal information. Please note that any such access request may be subject to a payment of a legally allowable fee.
11.2 Correction of your Information
You have the right to ask us to update, correct or delete your personal information. We will require a copy of your ID document to confirm your identity before making changes to the personal information we may hold about you. We would appreciate it if you would keep your personal information accurate.
11.3 Right to Object
In terms of section 11(3) of the Protection of Personal Information Act you have the right to object to our processing of your personal information.
You may object by sending a request in writing to our e-mail address as provided on our website.
11.4 Right to Complain
You have the right to lodge a complaint with the Information Regulator should you feel that your personal data was not handled in a responsible manner.
The complaint can be sent to the Information Regulator at:
JD House, 27 Stiemens Street, Braamfontein, Johannesburg, 2001
P.O Box 31533, Braamfontein, Johannesburg, 2017
Or
complaints.IR@justice.gov.za
12. How to Contact Us
If you have any queries about this Policy, need further information about our privacy practices, wish to withdraw consent, exercise preferences, or access/correct your personal information, please contact us at the numbers/addresses listed on our website
Confidentiality
The BedHub views all information provided by the client as confidential and will not share information with any third parties except for the manufacturers and if legally required, the relevant authorities. The BedHub requests that clients keep copies of the information that is related to the provision of services from The BedHub. When appropriate and necessary The BedHub will give clients copies of documentation, knowledge and contacts for the client’s use, relating to the contract agreed upon.
The BedHub will only communicate with clients on matters relating to the agreement made between the client and The BedHub. We will not share, sell or send any contact information or confidential information to any third party for the purposes of marketing or otherwise.
Disclaimer
Limitations and Exclusions
Any information provided and included on this website is given on an “as is” basis.
As permitted by the fullest extent of the law, The BedHub:
Excludes all of the representations and warranties that are related to the website and the content, including text and images, which are included on the website. This includes content provided by affiliates and any third parties which are related to any mistakes in the information or information left out of the site or as it refers to the company’s literature.
Excludes any damages that might be as a result of the use of this website or as a result of a connection with this website. Without any limitations damages will include loss of profits, loss of business (whether the losses could be foreseen or not) any damage to the computer and/or other device used to access this company’s website, any damage to the computer systems software, systems or programmes or the loss of data, either directly or indirectly as a result of the use of this website.
The BedHub does not exclude liability for events caused by the negligence of this company such as death or injury.
E&OE: Errors and omissions excepted.
Prices may change without prior notice. Please note – material may change subject to availability.
The limitations and exclusions mentioned above are only applicable where they fall under the scope of the law. No statutory rights of the client are affected.
Payment
The following methods of payment are accepted by
The BedHub: All major debit and credit cards, electronic transfers and PayJustNow.
Payments for The BedHub products need to be made in South African Rands, and by following our company policies. All fees need to be made in full before the goods are delivered. The BedHub products will remain the property of this company until such time as the goods are paid. Should unpaid products be given to you, we reserve the right to claim the money owed to us via the use of collection agencies and through small claims courts if the amount outstanding is not more than R12 000. Should this event arise, you will be liable for covering the administrative costs such as the costs of going to court.
Cancellation Policy
When shopping with The BedHub, we would like to ensure your comfort and your peace of mind, and so we have included a Cancellation Policy in our Terms and Conditions. Any unused, still packed item, packed in its original packaging, which was purchased from The BedHub can be returned within 3 days of the purchase.
Refunds Policy (Unused Products)
Should you not be 100% satisfied with any product purchased at The BedHub we will refund you in full. Refunds will only be considered under the following conditions and such requests will be handled in the following way:
1. The product to be returned must be returned in their original packaging and they must be unused.
2. The product must be in their original condition.
3. Any custom made products cannot be returned.
4. Products with a custom design, fabric or colour choice cannot be returned.
5. Transportation costs of returned products, when they need to be collected by The BedHub, will be covered by the client and such costs will be covered by part of the refund.
6. Any transportation costs that are more than the amount the client originally paid for will also be deducted from the refund.
The refund will be issued within 30 days of the product being returned, and if the product being returned meets the above requirements.
Availability
The services stated on The BedHub website are only available in South Africa unless it is otherwise stated. The advertising associated with The BedHub is only intended to be used for the South African market. No part of this website, including content, may be reused in any way unless written permission has been given by The BedHub. The BedHub does not guarantee that the services offered by this site will be error-free, uninterrupted or timely, however, this company does undertake to provide consistent services through this website. When using the services offered by The BedHub website you are indemnifying the company, its agents, its employees and its affiliates against any damage or loss associated with the website regardless of the manner in which it was caused.
Log Files
The BedHub makes use of IP addresses to analyse trends, administer the site, track the movement of users and collect the information of the demographics using the website. The IP addresses are not linked to individuals so identities cannot be recognised. Our system keeps a log of the standard access information that a user makes use of including browser type and URL referral and this is used for the systems administrator to keep the website well maintained and to prevent errors from occurring in the future. This helps to make the overall use of the site more useful.
Links to The BedHub website
You are not allowed to create links from this website without prior written permission from The BedHub. Building links to this website are done at your own risk and the exclusions and limitations set out above will apply.
Links from this website
The content that is placed onto those websites connected to this one is neither checked nor reviewed by The BedHub. Any of the materials or opinions which may be found on those websites linked are not endorsed or shared by The BedHub. The BedHub should not be thought of as the publisher of content and materials on those websites that are linked. The BedHub would like to encourage those who visit the sites linked from this one to pay specific attention to the privacy statements that are placed on those websites. We also encourage those visiting sites linked from this website to check the trustworthiness and the security of the website before entering the site and especially before giving away any information about yourself to the site owners. We do not take any responsibility for any losses or damages experienced when visiting a website linked to The BedHub website.
Copyright Notice
Copyrights and other intellectual property rights that exist and are related to this website are applicable to all text on this website.
Communication
Different email addresses have been created for different purposes, i.e. different services have different email addresses in order to get your queries to the right person. All of the methods that can be used to contact The BedHub can be found on the contact page of The BedHub website.
Force Majeure
In the event that a situation arises that is out of the hands of the parties involved, such as an act of God, war, political insurgence, rioting, terrorism, natural disasters, civil unrest or any other such event, which causes the agreement to be terminated neither party to the contract will be held liable for the termination of the deal. The causes of the termination will need to have been reasonably unforeseen in order for force majeure to be applicable. Either of the party who experiences an unforeseen situation under force majeure will need to inform the other party and must strive to continue forward with the Terms and Conditions as set out in the agreement.
Waiver
Failure on behalf of either party to ensure that the agreement is followed through and/or the failure of either party to correct this, he or they shall not enforce a waiver of the agreement and will not be able to create a limitation of any of the obligations listed in the Agreement. A waiver shall only be effective if both parties have stated so and signed to the agreement.
General
As a person using this website, buying products from The BedHub or using any of The BedHub services, you are agreeing to the Terms and Conditions that are set out in this document as well as conforming to the jurisdiction of the South Africa courts in legal matters, such as non-payment, that may arise between you and The BedHub. Should any of the terms set in the Terms and Conditions document (including those set in the limitations and exclusions) then such Terms as these will be set aside while the rest of the Terms and Conditions will remain valid. Should The BedHub fail to enforce any of the terms set out in the Terms and Conditions will not be considered a waiver in the contract, and it shall not be considered as an act that will affect the Terms and Conditions or any Agreements and it will also not affect the ability to later reinforce the Terms and Conditions or Agreements. Only if it is in writing can the Terms and Conditions be changed, amended, supplemented or varied in any way, and the written agreement of the changes will need to be signed by the representatives of the company who have been authorised to do so.
Notification of Changes
The right to make changes to the Terms and Conditions when the need arises is reserved by The BedHub and should you continue to use this website and our services you will agree to the revised Terms and Conditions. Any changes made to the privacy policy will be announced on The BedHub homepage as well as on other pages. Email or postal communication will be sent to those who will be affected by any changes that are made to the use of the information that can identify the user and that is related to their personally identifiable information. Thirty days before the changes are enforced in the privacy policy, The BedHub will inform those who will be affected by the changes. We also request and advise all of our existing clients to visit the Terms and Conditions page occasionally to make sure that you, our client, are well versed in any changes that might have been made.
By visiting this website, you agree to the Terms and Conditions that are set out by The BedHub. The parties to these Terms and Agreements are the Client and ourselves. By using this website or by purchasing a product from The BedHub you are indicating that you understand the agreement and the purchase, and you are accepting the Disclaimer Notice and everything that has been set out in the Terms and Conditions. The statutory consumer rights will be unaffected.