Terms and Conditions

The following Terms of Sale is a legal and binding contract applicable to all products and/or services undertaken by The Durban Curry Co, for and on behalf of any Customer who has duly accepted The Durban Curry Co’s listed price or quotation, or purchasing a product and or service in our shop, or through our website, for any such products and or services, and therefore authorised The Durban Curry Co to render the aforementioned products and deliver said services.

For purposes of this agreement, unless the context clearly requires otherwise:

2.1 The singular includes the plural and vice versa.

2.2 A reference to any gender, includes a reference to the other gender.

2.3 The headings in this agreement are for convenience only and are not to be taken into account when interpreting the agreement.

2.4 The use of the word “including” followed by a specific example(s) shall not be construed as limiting the meaning of the general wording preceding it and the ejusdem generis rule shall not be applied in the interpretation of such general wording or such specific example(s).

2.5 The Durban Curry Co – Hereinafter referred to as the “The Durban Curry Co”, “we”, “us”, or “our”.

2.6 This agreement – The Terms of Sale.

2.7 Consumer Protection Act 68 of 2008 – hereinafter referred to as the “Act”, the “Consumers Act”, or the “CPA”.

2.8 Customer – The end user, or purchaser.

2.9 Business day – any day other than a Saturday, Sunday or South African public holiday.

2.10 South African Public holidays – There are 12 public holidays.

Note: The dates on which Good Friday and Easter Sunday fall are determined according to the ecclesiastical moon. That varies each year but they fall at some point between late March and late April.

Note: Whenever any public holiday falls on a Sunday, the Monday following on it shall be a public holiday.

- 1 January: New Year’s Day

- 21 March: Human Rights Day

- Good Friday

- Family Day

- 27 April: Freedom Day

- 1 May: Workers’ Day

- 16 June: Youth Day

- 9 August: National Women’s Day

- 24 September: Heritage Day

- 16 December: Day of Reconciliation

- 25 December: Christmas Day

- 26 December: Day of Goodwill

2.11 Business hours – our normal business hours on business days which include:

Monday – Thursday: 10:00-18:00

Friday and Saturday: 10:00-19:00

Sunday: Closed

2.12 Contract year – in respect of an order, each successive 12 calendar month period during the term of the order, calculated from the effective date.

2.13 Effective date – in respect of each order, the effective date stipulated in each order, in the absence of which it will be the date the order is accepted by us.

2.14 Order – an order placed through the website describing the specific goods to be provided by us to you.

2.15 Our technology – any technology that we have created, acquired or otherwise have rights in and may, in connection with the performance of our obligations under the agreement, employ, provide, modify, create or otherwise acquire rights in and includes any: concepts or ideas; methods or methodologies; procedures or processes; know-how or techniques; function, process, system, data, or object models; templates; the generalised features of the structure, sequence and organisation of software, user interfaces and screen designs; general purpose consulting and software tools, utilities, routines or frameworks; logic, coherence and methods of operation of systems; and patches or enhancements to open source libraries.

2.16 Personnel – any director, employee, agent, affiliate, consultant, contractor or other representative.

2.17 Sign / Signature – the handwritten signature, advanced electronic signature, or an electronic signature as proscribed in the Electronic Communications Act 36 of 2005.

2.18 Signature date – the date of signature by the party signing last.

2.19 Tax means any:

Tax (including value added tax, income taxes, pay-as-you-earn tax or other taxes levied in any jurisdiction);
Duty (including stamp duty); tariff, rate, levy; or any other governmental charge or expense payable.

2.20 Website – The Durban Curry Co’s website, subdomains and subdirectories of which the main url is thedurbancurryco.com

3.1 All the products and services are listed on InstaBiz’s website https://www.vipenglishcoach.com, complete with pricing and descriptions.

3.2 Whenever a Customer haS materially different product or service specifications as set out on our website, they must supply the Specifications to The Durban Curry Co in order for us to provide a customised product or service with an accurate and binding quotation.

3.3 If the Customer requires further assistance with the creation of Project and/or Specifications, The Durban Curry Co can assist the Customer and may bill the Customer at the discretion of the Company.

4.1 All the pricess of our products and servicess are on our website, and are valid and effective until we change or remove the product or service.

4.2 Quotation for customised products and/or services are valid for 7 (seven) calendar days from the documented date on the Quotation.

4.3 Quotations do not include extra services such as delivery, unless clearly otherwise specified.

4.4 Quotations which have expired, can be reissued at an additional fee, at our sole discretion.

5.1 Upon a Customer purchasing a product or service from our website, the Customer acknowledges that they have read, understand, and accepted the Terms of Sale.

5.2 Additionally, upon a Customer’s acceptance of the Quotation, the Customer acknowledges that they have read, understand, and accepted the Terms of Sale.

6.1 The Customer acknowledges acceptance of the Terms of Sale by purchasing products and or services through our website, and by paying the required fees.

6.2 The Customer acknowledges acceptance of the Quotation by paying 100% of the total quoted value.

6.3 Products and or services as set out in the Quotation, will only commence, once payent has been received by The Durban Curry Co.

6.4 We commit to work expeditiously to complete the products and/or services, as per the description on our website, or as per the quotation, within the Specifications and time-frames indicated.

6.5 We cannot be held responsible for delays beyond our control, including but not limited to equipment failure, load shedding, third party hosting services, third party products, services and internet connections, and or force majeure.

7.1 The Durban Curry Co strives to provide a website and software that performs optimally in dated browsers, such as Google Chrome, Firefox, Safari, Microsoft Edge, Opera, Brave, etc. and on most devices such as Laptops, Desktop PC’s, mobile phones, tablets, etc.

Note: We cannot, however, garentee backward compatibility, such as older outdated software versions, and or older devices.

8.1 Customer agrees to pay all fees payable for products and services at the advertised rate and as listed on our Website in full, on delivery.

8.2 Deposits and Payents are non-refundable unless we at our sole discretion decide otherwise. The decision is based on the factors surrounding the product and/or services in question, and might include, but is not limited to, the time already spent, the expenses incurred, etc, and is non-negotiable.

8.3 If Customer does not pay the prescribed fees for products and/or services, or refuses to pay outstanding fees, The Durban Curry Co reserves the right to terminate this agreement immediately, or at its discretion, to refuse to provide any products and/or services to customer in future and deny access to our Website immediately and without further notice.

8.4 Refusal to pay additional fees may result in the cessation of delivery of products and services at the sole discretion of The Durban Curry Co.

8.5 All products remain the property of The Durban Curry Co until the full and final payment is received.

9.1 Customer shall have the right to terminate this Agreement at any time by providing seven (7) days notice in writing to The Durban Curry Co. Such termination shall not relieve Customer of its obligation to pay any fees owing at the time of such termination.

9.2 The Durban Curry Co may terminate this Agreement, if Customer is late in paying to The Durban Curry Co fees, or any other monies due under this Agreement, and Customer does not pay The Durban Curry Co in full within seven days upon presentation of an invoice, request for payment or written demand from The Durban Curry Co, which termination shall be effective immediately upon the expiration of such seven day remedy period.

10.1 The Durban Curry Co will be liable for any breach of this agreement caused by circumstances beyond its control, including flood, fire, earthquake, war, tempest, hurricane, industrial action, pandemic, epidemic, load shedding, government restrictions and regulations, or so called “acts of God”.

10.2 If there is an event of force majeure, The Durban Curry Co will inform Cutomers immediately in writing via this Website or via The Durban Curry Co WhatsApp Group, and The Durban Curry Co will negotiate other ways to carry out any affected responsibilities under this agreement. The Durban Curry Co will continue to meet any responsibilities that are not affected by the circumstances.

10.3 If The Durban Curry Co cannot fulfil a material (significant) part of its responsibilities under this agreement for more than seven (7) days because of force majeure, The Durban Curry Co will inform Cutomers immediately in writing via this Website or via The Durban Curry Co WhatsApp Group, and this agreement will be terminated with immediate effect.

11.1 Required documentation refers to any and all information necessary for the timeous commencement and delivery of products and/or services as described in these Terms of Sale and indicated by the Specifications, and includes but are not limited to, all material such as, text copy, personal details such as phone number and email address,delivery address, et cetera.

11.2 The Customer is to provide all Required Documentation electronically to us via the platforms.

11.3 The Customer’s quoted and accepted products and/or services will only be queued and allocated accordingly, after compliance with Terms & Conditions.

11.4 If the Customer does not supply The Durban Curry Co with the Required Documentation within seven (seven) calendar days from requested date, The Durban Curry Co may terminate this agreement at its discretion.

12.1 The Durban Curry Co Website contains material, such as software, text, graphics, images, designs, sound recordings, audiovisual works, and other material provided by or on behalf of us (collectively referred to as the “Content”) and is protected by trademark, copyright, or other intellectual property laws, and international treaty provisions.

12.2 The Content may be possessed by us or third parties. Unauthorized use of the Content may infringe copyright, trademark, and other laws. You have no rights in or to the Content, and you will not take the Content except as allowed under this Agreement. No other use is allowed without prior written consent from us.

12.3 You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content.

12.4 You may not transfer, provide license or sub-license, sell, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other Website or in a networked computer environment for any purpose is expressly prohibited. If you infringe any part of this Agreement, your permission to access and/or use the Content and the Website automatically terminates and you must immediately destroy any copies you have made of the Content.

12.5 The Durban Curry Co trademarks, service marks, and logos used and displayed on the Website are registered and unregistered trademarks or service marks of The Durban Curry Co. Other company, product, and service names located on the Website may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with us, the “Trademarks”).

12.6 Nothing on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. None of the Content may be retransmitted without our express, written consent for every instance.

12.7 Infringement by you may result in civil or criminal prosecution.

13.1 The Durban Curry Co will not use or display any inappropriate graphic images or photographs.

13.2 Where graphic images and photographs depict minor children, The Durban Curry Co asserts that it is authorised to do so and that such graphic images and photographs are not used in an inappropriate or illegal manner.

13.3 Photographs of Customers (including minor children) be taken by The Durban Curry Co from time to time. You agree that these photographs may be used by The Durban Curry Co in various displays, presentations, publications or other related materials from time to time, in any format (print, electronic, web or other media), and so long as such use is for the purpose of documentation, archival or promotion of The Durban Curry Co or of its events or activities. No other use shall be made of these photographs by The Durban Curry Co without Customer’s prior written consent.

14.1 Customer retains the right to use our technology, at no additional cost, whilst they make use of our services.

14.2 Customer shall continue to have access to our website and technology for the lifetime of The Durban Curry Co and the website, unless 8.3 applies.

15.1 The Durban Curry Co commits to respond to any technical error on our website or software, which may be the result of our hosting services, software or any plausible fault, omission or neglect within a reasonable time period, and as soon as we can to address and resolve the matter.

15.2 The Durban Curry Co commits to respond to and correct and errors or ommissions in printed matter, videos or other products and services created and provided by us as soon as possible and within seven (7) days of receiving notice of such errors or ommissions.

16.1 The Durban Curry Co is not a registered credit service provider, and therefore does not grant any credit facilities whatsoever.

16.2 Customer Statements and accounts does not imply negotiable payment terms, and are issued in accordance with the nature of The Durban Curry Co being a month-to-month service provider.

16.3 All Invoices are billed to the Customer’s account and made available to the Customer by email, instant message or via our website in accordance with these Terms of Sale and payments made by the Customer are allocated to Invoices on the Statement upon The Durban Curry Co having confirmed receipt of said funds.

16.4 Invoices, corresponding payments received, and due balances will reflect on the Customer’s Statement.

16.5 Due to the nature of the business, additional Customer Statements will be issued and made available to the Customer by email, instant message or via our website for all overdue balances and additional fees Invoiced as required.

17.1 Failure to comply with these Terms of Sale regarding payments and fees may result in legal action, and the full outstanding balance, will become payable.

17.2 All legal costs resulting of non-payment will be accrued to the Customer’s outstanding balance.

18.1 The Durban Curry Co may cancel and terminate this agreement at its discretion by providing seven (7) days written notice on this Website and/or via The Durban Curry Co WhatsApp Group. .

18.2 The Durban Curry Co reserves the right at its discretion to terminate this Agreement should the Customer breach any of the Terms and Conditions stated herein.

19.1 The Durban Curry Co reserves the right to make changes to these Terms and Conditions at any time without prior consent of any or all of their Customers, employees, independent contractors, affiliates, agents, agencies or any other third party agreements.

19.2 These Terms and Conditions are legally binding in accordance with the publishing date hereof, as incorporated on The Durban Curry Co’s website.

19.3 The Terms of Sale are agreed to concurrently with the other Terms and Policies on The Durban Curry Co’s website.


20. CONTACT

20.1 If Customer has any questions, suggestions or complaints or wishes to place an order by Telephone, Email or WhatsApp, Customer may get in contact with The Durban Curry Co by using one of the methods listed herein:

20.2 Email
Send an email to info @ thedurbancurryco .com

20.3 Mobile/Cellular Telephone
Calling the following number: 060 572-1779

20.4 WhatsApp Link
By clicking on the various WhatsApp links listed on the Website.

20.5 Contact Us Page
By filling in and submitting the form on the Contact Us page on this Website.

20.6 Hours of Availabiity
Telephone calls, WhatsApp messages, emails and messages received via the Contact Us page will be answered during business hours only as per paragraph 2.11.