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- INTRODUCTION
1.1 These Website Terms and Conditions (T&Cs), which include any Policies on Fridayfun.co’s website (“we”, “use” and “our”), apply to the ordering, sale and delivery of goods and services, access to the information and use of this Website by Customers (“you”, or “your”).
1.2 By using this Website you are bound by and agree to these T&Cs, which we may change without notice from time to time. If you do not agree to any of the T&Cs you should not continue to use the Website.
1.3 By placing an online order, this serves as your consent to and acceptance of our T&Cs and Privacy Policy.
1.4 These Terms and Conditions are important and should be carefully noted as they contain provisions which, within the limits of the Consumer Protection Act, may limit our risk or liability, create risk or liability for you as a consumer, may compel you to indemnify us and serves as an acknowledgement by you of any fact.
1.5 Should you not understand any of the contents of these T&Cs, you are advised to contact us to assist with further explanation of the T&Cs before accepting them.
2 DEFINITIONS
2.1 “Customer” means any natural or juristic person who enters or intends entering into an electronic transaction with us as the user of the goods or services offered by us;
2.2 “Items” means the Product/s selected by the Consumer for purchase when placing an Order on our Website.
2.3 “Order” means the delivery of Items purchased by you from our website.
2.4 “Policies” means the various policies contained in or referred to herein and on our Website, including frequently asked questions (“FAQs”) and product information, which form part of these Terms and Conditions and which may be updated from time to time;
2.5 “Products” means any products or services displayed for sale on our website;
2.6 “Website” means our online store.
3 SUPPLY OF GOODS AND/OR SERVICES IN TERMS OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT 25 OF 2002 (“The Act”)
3.1 Insofar as this these T&Cs fall within the ambit of the Act, the following information is made available to you in respect of the supply of goods offered for sale, by way of an electronic transaction:
3.2 Our contact details are set out below.
3.3 3.3 If you have a complaint about the goods or services provided by us or require information please contact us via email at sacontact@fridayfun.co
3.4 As provided for in section 42(2)(a) of the Act, you acknowledge and agree that Section 44 of the Act (the Cooling-off period) does not apply to transactions concluded by means of the Website.
4 USE OF THE WEBSITE AND SOCIAL MEDIA PLATFORMS
4.1 You agree to use the Website for lawful purposes only. Without derogating from the generality of the aforegoing, if you should choose to access or use this Website from locations other than the Republic of South Africa, you do so at your own initiative and you are responsible for compliance with applicable local laws.
4.2 You are prohibited from posting or transmitting, by means of reviews, comments, suggestions, ideas, questions or other information through the Website, any content which is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually-explicit, profane or hateful, or racially, ethnically or otherwise objectionable content of any kind, which content includes but is not limited to:
4.2.1 any content that may fall within the scope of Section 9 of the Constitution of the Republic of South Africa, which prohibits discrimination on the grounds of, inter alia, race, sex, gender, marital status, religion; or
4.2.2 any content that encourages conduct that would constitute a criminal offence or give rise to civil liability, or otherwise violate any applicable local, provincial, national, or international law; or
4.2.3 any content that constitutes an invasion of privacy; or
4.2.4 any content that is an infringement of any intellectual property right; or
4.2.5 any content that contains software viruses; or
4.2.6 any content that constitutes a political statement, commercial solicitation, or “Spam”.
4.3 Although we do not purport to review (nor are we under any obligation to review) any submitted content, we reserve the right to remove any content from the Website and Social Media Platforms where we deem such content, in its sole and absolute discretion, to be an infringement of Clause 4 or harmful in anyway whatsoever.
4.4 The following activities on or through the Website are expressly prohibited:
4.4.1 any non-personal or commercial use of any robot, spider, other automatic device or technology, or manual process to monitor or copy portions of the Website or Social Media Platforms or the content contained thereon, without the prior written authority of us; and
4.4.2 any use or action that imposes an unreasonable or disproportionately-large load of traffic on the Website or Social Media Platforms, or otherwise interferes with the proper and timely functioning of the Website of Social Media Platforms; and
4.4.3 any attempt to gain unauthorised access to the Website or its related systems or networks;.
4.5 Although reasonable steps have been taken to ensure the accuracy and completeness of the contents, data and information on this Website, there may be instances where such information proves inaccurate or incomplete.
4.6 Without limiting the generality of the aforegoing, this Website could include technical, typographical or other inaccuracies and you are urged to contact your own professional advisors to confirm all information contained on this Website prior to placing reliance thereon. Changes are periodically made to the information herein and will be incorporated in new editions of this Website.
5 PURCHASES AND STOCK AVAILABILITY
5.1 You will be required to provide certain information, in order to purchase Products that are displayed on our website, which may include personal information.
5.2 Use of our website confirms your understanding and acceptance of these Terms and Conditions, and you will be bound by these T&C’s during all transactions relating to the purchase of Products from our website.
5.3 Prices displayed on our website are subject to change without notice. Prices will include tax, where this is required by specific country legislation.
5.4 Orders placed may be declined or cancelled in the event of Products being out of stock, damaged Products, incorrect Product information, incorrectly displayed prices, and due to payment for Products not being received or payments not being authorized by us.
5.5 We will notify you as soon as we can if any Items Ordered are not available (this may take a few days, depending on the delivery and payment method method).
5.6 Once you have selected your payment method, you will be directed to a link to a secure site for payment of the applicable purchase price for the Goods.
6 PAYMENT OPTIONS
6.1 You may pay for your online orders and delivery costs using Credit, cheque or debit card.
6.2 We subscribe to high security and encryption standards allowing all Customers to shop with peace of mind. We have taken all reasonable security measures to ensure that payment and card details, as well as related confidential information, cannot be accessed by anyone who is not authorized to do so.
6.3 When placing your order and proving the required personal details, including your payment card details, you warrant that you are authorised to make payment with the payment card and that there are enough funds available to pay for your order.
6.4 Once your payment has been received you will be issued with acknowledgement of payment and the delivery process will then commence.
7 CHANGES, SUSPENSION, AND TERMINATION
7.1 We may alter and/or amend the Website at any time without giving notice to you.
7.2 We may suspend or terminate the Website at any time without giving notice to you.
7.3 We may at any time modify these T&Cs without notice to you. If you are not satisfied with the amended T&Cs, you should refrain from using the Website, as your continued use of the Website is deemed to constitute your acceptance of the Terms and Conditions as amended and in force at the time of your use.
7.4 We will however give you notice where we have collected personal information from you and the purpose for which we collected that information is affected by the intended modification.
8 WARRANTY
8.1 The Products supplied by us shall be suitable only for the purpose designed and intended and you shall ensure the Products are handled, stored, used, worn or otherwise dealt with in a normal and reasonable manner, and where applicable, in a manner consistent with the instructions given when the Products were purchased.
8.2 We shall not be liable for any action or claims for injury or damages of whatever nature arising from or in connection with use of the Products in breach of these T&Cs.
9 LIMITATION OF LIABILITY
9.1 Whilst every attempt is taken by us to ensure your security when making use of the Website, due to the nature of the Internet we are unable to guarantee that any products or any websites accessible via the Website will be uninterrupted or virus or error-free. We therefore caution you to check all emails, attachments and files before downloading them.
9.2 We may provide links to other websites, social media sites or resources. We are unable to accept, and do not accept, responsibility for these websites, social media sites or resources; nor have we endorsed their content, products or services merely because they are accessible via the Website.
9.3 While we make all reasonable efforts to ensure that all information provided by us in connection with the Website is accurate at the time of its inclusion on the Website, you acknowledge and understand that there may be errors, including incorrect prices, inaccuracies or omissions in respect of which we exclude all liability. We make no representations, guarantees or warranties of any nature whatsoever concerning the information included on our Website and web pages (including, but not limited to, links to third parties’ web pages). You shall be solely responsible for any decisions or actions you take based on the information contained on such web pages.
9.4 While we take all reasonable steps to safeguard the security of any information you input or send to us in connection with the Website, by using secure services and encryption technology where we deem appropriate, we accept no responsibility or liability whatsoever, as far as the law allows, for any damages that you may suffer as a result of the breach of the confidentiality of such information.
9.5 You hereby agree, to as far as the law allows, to indemnify us against any loss, claim or damage suffered, or liability sustained by your or any third party acting for you, due to your or their use of our website and/or any thirty party websites linked to our website.
9.6 We shall not be liable to you in contract, delict (including for negligence) or otherwise:
9.6.1 for any amount in respect of any damage or loss arising from the consequences of your use of the Website, viruses received by you via the Website or of our failure to provide the Website in accordance with this Agreement; or
9.6.2 for any economic losses or damages, any indirect, special or consequential loss (including (without limitation) loss of data, goodwill or reputation or any wasted expenditure) including but not limited to losses arising from your use of the Website or through any viruses; or
9.6.3 for any failure to perform our obligations or failure to perform our obligations properly as a result of our being prevented from doing so by an event beyond our reasonable control (which may include, without limitation, strikes; labour disputes; acts of God; war; riot; civil action; malicious acts or damage; compliance with any law, governmental or regulatory order, rule, regulation or direction; any act or omission of any government or other competent authority; accident; equipment or services failure, including the unavailability of third party telecommunications services, lines or other equipment; the failure of third party suppliers to comply with their obligations to us; fire; flood or storm).
9.7 Each provision of this clause operates separately. If any part is held by a court to become unenforceable due to voidness, invalidity, illegality or unlawfulness, then the other parts shall be severable and shall still apply in their entirety.
10 PRIVACY AND COOKIE POLICY.
10.1 Your use of our Website signifies your consent to us collecting and using your personal information as specified below.
10.2 How we collect information about you:
10.2.1 You may provide personal information to us when communicating with us or registering an online user profile.
10.2.2 You may order a product and provide your name, e-mail address, delivery address, credit or debit card number and expiry date so that the order can be processed and your products delivered to you. Sometimes, you may be asked for your telephone number.
10.2.3 If you enter a competition or participate in a promotion, we will ask for your name, address and e-mail address and any other relevant information about you.
10.2.4 It may be that you provide to us details of credit or debit cards or bank accounts in order to make payments to us. Any such information (“confidential financial information”) will be used by us only for the specific purpose for which it was provided to us.
10.3 How we use your information
10.3.1 We may use your information to confirm that your orders have been received;
10.3.2 We may also use your personal information and process such information for the purposes of management, research, reporting and improving business efficiencies.
10.3.3 We may use personal information collected about you to contact you by post, telephone and electronic mail (that is email, picture, video, and SMS) about functionality changes to our Website, services or changes to our Terms and Conditions, and to communicate with you about your customer benefits and advise you regarding the use of our services.
10.3.4 We may use the information collected about you to contact you by post or phone about new customer offers and services. We may also contact you by electronic mail for these purposes, subject to any preferences selected by you.
10.3.5 Subject to your preferences in respect of each of our services, selected third parties may use the personal information collected about you to contact you about information that you might find interesting.
10.4 How long do we keep your information for? The time periods for which we keep your information may vary according to the use or purpose attached to the information. Unless there is a specific legal requirement requiring us to keep your information, however, we will not keep it for longer than necessary for the purpose for which the information was collected or for which it is to be processed. We will in any event delete or destroy any personal information which has become obsolete.
10.5 Disclosing your information to third parties:
10.5.1 We reserves the right to access and disclose personal information to comply with applicable laws, regulations and lawful government requests, to operate its systems properly to protect itself or its users or to solve any customer disputes.
10.5.2 We may from time to time elect to make use of other companies to provide some of our services, and our services will then be offered through third party service providers on our Website. We may then share your personal information with these companies. These companies can and will process this information and will be obliged to keep such information confidential.
10.6 A cookie is a piece of information that is stored on your computer’s hard drive by your web browser. On revisiting our Website, our computer server may recognise the cookie, giving us information about your visit.
10.7 Most browsers are set by default to accept cookies automatically, but usually you can alter the settings of your browser to prevent automatic acceptance and to prompt you every time a cookie is sent to you or to allow you to choose not to receive cookies at all.
10.8 If you would like us to stop processing your information for marketing purposes, please write to us.
11 APPLICABLE LAW
These Terms are governed by the laws of the Republic of South Africa.
12 COMPANY CONTACT
Name: Friday South Africa (Pty) Ltd
E-mail: sacontact@fridayfun.co
Address: 78 Sandler Road
Glenhazel, Jhb 2192
South Africa