OVERVIEW
This website is operated by Foneo South Africa. Throughout
the site, the terms “we”, “us” and “our” refer to Foneo
South Africa. Foneo South Africa offers this website,
including all information, tools and services available
from this site to you, the user, conditioned upon your
acceptance of all terms, conditions, policies and notices
stated here.
By visiting our site and/ or purchasing something from us,
you engage in our “Service” and agree to be bound by the
following terms and conditions (“Terms of Service”,
“Terms”), including those additional terms and conditions
and policies referenced herein and/or available by
hyperlink. These Terms of Service apply to all users of the
site, including without limitation users who are browsers,
vendors, customers, merchants, and/ or contributors of
content.
Please read these Terms of Service carefully before
accessing or using our website. By accessing or using any
part of the site, you agree to be bound by these Terms of
Service. If you do not agree to all the terms and
conditions of this agreement, then you may not access the
website or use any services. If these Terms of Service are
considered an offer, acceptance is expressly limited to
these Terms of Service.
Any new features or tools which are added to the current
store shall also be subject to the Terms of Service. You
can review the most current version of the Terms of Service
at any time on this page. We reserve the right to update,
change or replace any part of these Terms of Service by
posting updates and/or changes to our website. It is your
responsibility to check this page periodically for changes.
Your continued use of or access to the website following
the posting of any changes constitutes acceptance of those
changes.
Our store is hosted on Shopify Inc. They provide us with
the online e-commerce platform that allows us to sell our
products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that
you are at least the age of majority in your state or
province of residence, or that you are the age of majority
in your state or province of residence and you have given
us your consent to allow any of your minor dependents to
use this site.
You may not use our products for any illegal or
unauthorized purpose nor may you, in the use of the
Service, violate any laws in your jurisdiction (including
but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a
destructive nature.
A breach or violation of any of the Terms will result in an
immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any
reason at any time.
You understand that your content (not including credit card
information), may be transferred unencrypted and involve
(a) transmissions over various networks; and (b) changes to
conform and adapt to technical requirements of connecting
networks or devices. Credit card information is always
encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell
or exploit any portion of the Service, use of the Service,
or access to the Service or any contact on the website
through which the service is provided, without express
written permission by us.
The headings used in this agreement are included for
convenience only and will not limit or otherwise affect
these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS
OF INFORMATION
We are not responsible if information made available on
this site is not accurate, complete or current. The
material on this site is provided for general information
only and should not be relied upon or used as the sole
basis for making decisions without consulting primary, more
accurate, more complete or more timely sources of
information. Any reliance on the material on this site is
at your own risk.
This site may contain certain historical information.
Historical information, necessarily, is not current and is
provided for your reference only. We reserve the right to
modify the contents of this site at any time, but we have
no obligation to update any information on our site. You
agree that it is your responsibility to monitor changes to
our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND
PRICES
Prices for our products are subject to change without
notice.
We reserve the right at any time to modify or discontinue
the Service (or any part or content thereof) without notice
at any time.
We shall not be liable to you or to any third-party for any
modification, price change, suspension or discontinuance of
the Service.
SECTION 5 - PRODUCTS OR SERVICES (if
applicable)
Certain products or services may be available exclusively
online through the website. These products or services may
have limited quantities and are subject to return or
exchange only according to our Return Policy.
We have made every effort to display as accurately as
possible the colors and images of our products that appear
at the store. We cannot guarantee that your computer
monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the
sales of our products or Services to any person, geographic
region or jurisdiction. We may exercise this right on a
case-by-case basis. We reserve the right to limit the
quantities of any products or services that we offer. All
descriptions of products or product pricing are subject to
change at anytime without notice, at the sole discretion of
us. We reserve the right to discontinue any product at any
time. Any offer for any product or service made on this
site is void where prohibited.
We do not warrant that the quality of any products,
services, information, or other material purchased or
obtained by you will meet your expectations, or that any
errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT
INFORMATION
We reserve the right to refuse any order you place with us.
We may, in our sole discretion, limit or cancel quantities
purchased per person, per household or per order. These
restrictions may include orders placed by or under the same
customer account, the same credit card, and/or orders that
use the same billing and/or shipping address. In the event
that we make a change to or cancel an order, we may attempt
to notify you by contacting the e‑mail and/or billing
address/phone number provided at the time the order was
made. We reserve the right to limit or prohibit orders
that, in our sole judgment, appear to be placed by dealers,
resellers or distributors.
You agree to provide current, complete and accurate
purchase and account information for all purchases made at
our store. You agree to promptly update your account and
other information, including your email address and credit
card numbers and expiration dates, so that we can complete
your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over
which we neither monitor nor have any control nor
input.
You acknowledge and agree that we provide access to such
tools ”as is” and “as available” without any warranties,
representations or conditions of any kind and without any
endorsement. We shall have no liability whatsoever arising
from or relating to your use of optional third-party
tools.
Any use by you of optional tools offered through the site
is entirely at your own risk and discretion and you should
ensure that you are familiar with and approve of the terms
on which tools are provided by the relevant third-party
provider(s).
We may also, in the future, offer new services and/or
features through the website (including, the release of new
tools and resources). Such new features and/or services
shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our
Service may include materials from third-parties.
Third-party links on this site may direct you to
third-party websites that are not affiliated with us. We
are not responsible for examining or evaluating the content
or accuracy and we do not warrant and will not have any
liability or responsibility for any third-party materials
or websites, or for any other materials, products, or
services of third-parties.
We are not liable for any harm or damages related to the
purchase or use of goods, services, resources, content, or
any other transactions made in connection with any
third-party websites. Please review carefully the
third-party's policies and practices and make sure you
understand them before you engage in any transaction.
Complaints, claims, concerns, or questions regarding
third-party products should be directed to the
third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER
SUBMISSIONS
If, at our request, you send certain specific submissions
(for example contest entries) or without a request from us
you send creative ideas, suggestions, proposals, plans, or
other materials, whether online, by email, by postal mail,
or otherwise (collectively, 'comments'), you agree that we
may, at any time, without restriction, edit, copy, publish,
distribute, translate and otherwise use in any medium any
comments that you forward to us. We are and shall be under
no obligation (1) to maintain any comments in confidence;
(2) to pay compensation for any comments; or (3) to respond
to any comments.
We may, but have no obligation to, monitor, edit or remove
content that we determine in our sole discretion are
unlawful, offensive, threatening, libelous, defamatory,
pornographic, obscene or otherwise objectionable or
violates any party’s intellectual property or these Terms
of Service.
You agree that your comments will not violate any right of
any third-party, including copyright, trademark, privacy,
personality or other personal or proprietary right. You
further agree that your comments will not contain libelous
or otherwise unlawful, abusive or obscene material, or
contain any computer virus or other malware that could in
any way affect the operation of the Service or any related
website. You may not use a false e‑mail address, pretend to
be someone other than yourself, or otherwise mislead us or
third-parties as to the origin of any comments. You are
solely responsible for any comments you make and their
accuracy. We take no responsibility and assume no liability
for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store
is governed by our Privacy Policy. To view our Privacy
Policy.
SECTION 11 - ERRORS, INACCURACIES AND
OMISSIONS
Occasionally there may be information on our site or in the
Service that contains typographical errors, inaccuracies or
omissions that may relate to product descriptions, pricing,
promotions, offers, product shipping charges, transit times
and availability. We reserve the right to correct any
errors, inaccuracies or omissions, and to change or update
information or cancel orders if any information in the
Service or on any related website is inaccurate at any time
without prior notice (including after you have submitted
your order).
We undertake no obligation to update, amend or clarify
information in the Service or on any related website,
including without limitation, pricing information, except
as required by law. No specified update or refresh date
applied in the Service or on any related website, should be
taken to indicate that all information in the Service or on
any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms
of Service, you are prohibited from using the site or its
content: (a) for any unlawful purpose; (b) to solicit
others to perform or participate in any unlawful acts; (c)
to violate any international, federal, provincial or state
regulations, rules, laws, or local ordinances; (d) to
infringe upon or violate our intellectual property rights
or the intellectual property rights of others; (e) to
harass, abuse, insult, harm, defame, slander, disparage,
intimidate, or discriminate based on gender, sexual
orientation, religion, ethnicity, race, age, national
origin, or disability; (f) to submit false or misleading
information; (g) to upload or transmit viruses or any other
type of malicious code that will or may be used in any way
that will affect the functionality or operation of the
Service or of any related website, other websites, or the
Internet; (h) to collect or track the personal information
of others; (i) to spam, phish, pharm, pretext, spider,
crawl, or scrape; (j) for any obscene or immoral purpose;
or (k) to interfere with or circumvent the security
features of the Service or any related website, other
websites, or the Internet. We reserve the right to
terminate your use of the Service or any related website
for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION
OF LIABILITY
We do not guarantee, represent or warrant that your use of
our service will be uninterrupted, timely, secure or
error-free.
We do not warrant that the results that may be obtained
from the use of the service will be accurate or
reliable.
You agree that from time to time we may remove the service
for indefinite periods of time or cancel the service at any
time, without notice to you.
You expressly agree that your use of, or inability to use,
the service is at your sole risk. The service and all
products and services delivered to you through the service
are (except as expressly stated by us) provided 'as is' and
'as available' for your use, without any representation,
warranties or conditions of any kind, either express or
implied, including all implied warranties or conditions of
merchantability, merchantable quality, fitness for a
particular purpose, durability, title, and
non-infringement.
In no case shall Foneo South Africa, our directors,
officers, employees, affiliates, agents, contractors,
interns, suppliers, service providers or licensors be
liable for any injury, loss, claim, or any direct,
indirect, incidental, punitive, special, or consequential
damages of any kind, including, without limitation lost
profits, lost revenue, lost savings, loss of data,
replacement costs, or any similar damages, whether based in
contract, tort (including negligence), strict liability or
otherwise, arising from your use of any of the service or
any products procured using the service, or for any other
claim related in any way to your use of the service or any
product, including, but not limited to, any errors or
omissions in any content, or any loss or damage of any kind
incurred as a result of the use of the service or any
content (or product) posted, transmitted, or otherwise made
available via the service, even if advised of their
possibility. Because some states or jurisdictions do not
allow the exclusion or the limitation of liability for
consequential or incidental damages, in such states or
jurisdictions, our liability shall be limited to the
maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Foneo
South Africa and our parent, subsidiaries, affiliates,
partners, officers, directors, agents, contractors,
licensors, service providers, subcontractors, suppliers,
interns and employees, harmless from any claim or demand,
including reasonable attorneys’ fees, made by any
third-party due to or arising out of your breach of these
Terms of Service or the documents they incorporate by
reference, or your violation of any law or the rights of a
third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service
is determined to be unlawful, void or unenforceable, such
provision shall nonetheless be enforceable to the fullest
extent permitted by applicable law, and the unenforceable
portion shall be deemed to be severed from these Terms of
Service, such determination shall not affect the validity
and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred
prior to the termination date shall survive the termination
of this agreement for all purposes.
These Terms of Service are effective unless and until
terminated by either you or us. You may terminate these
Terms of Service at any time by notifying us that you no
longer wish to use our Services, or when you cease using
our site.
If in our sole judgment you fail, or we suspect that you
have failed, to comply with any term or provision of these
Terms of Service, we also may terminate this agreement at
any time without notice and you will remain liable for all
amounts due up to and including the date of termination;
and/or accordingly may deny you access to our Services (or
any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or
provision of these Terms of Service shall not constitute a
waiver of such right or provision.
These Terms of Service and any policies or operating rules
posted by us on this site or in respect to The Service
constitutes the entire agreement and understanding between
you and us and govern your use of the Service, superseding
any prior or contemporaneous agreements, communications and
proposals, whether oral or written, between you and us
(including, but not limited to, any prior versions of the
Terms of Service).
Any ambiguities in the interpretation of these Terms of
Service shall not be construed against the drafting
party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby
we provide you Services shall be governed by and construed
in accordance with the laws of South Africa.
SECTION 19 - CHANGES TO TERMS OF
SERVICE
You can review the most current version of the Terms of
Service at any time at this page.
We reserve the right, at our sole discretion, to update,
change or replace any part of these Terms of Service by
posting updates and changes to our website. It is your
responsibility to check our website periodically for
changes. Your continued use of or access to our website or
the Service following the posting of any changes to these
Terms of Service constitutes acceptance of those
changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us
at sales@foneo.co.za.