Last Updated July 18, 2020
When we say “Fones.co.za,” we mean Fones.co.za a service from Swift Technology Solutions Pty Ltd,. and any subsidiaries of Swift Technology Solutions Pty Ltd may form or acquire in the future). We also refer to Fones.co.za as “we,” “us” and “our.” But when we say “Fones.co.za Entities,” we mean Fones.co.za and its affiliates; its and their suppliers, vendors, contractors, and licensors; and its and their directors, officers, employees, and agents.
When we say “Fones.co.za Sites,” we mean www.Fones.co.za, the Fones.co.za Apps, and all related functionality, services, and Content offered by or for Fones.co.za on or through www.Fones.co.za.co.za and the Fones.co.za Apps or the systems, servers, and networks used to make the Fones.co.za Sites available.
When we say “Fones.co.za Apps,” we mean the official “Fones.co.za App” for iPhone and Android, which can be downloaded from the iTunes App Store or the Google Play Store, the “Scan & Go” Mobile App and the “Fones.co.za Grocery” App.
When we say “you” or “your” we mean any user (like you!) of any Fones.co.za Site.
When we say “Content,” we mean merchandise information, product descriptions, reviews, comments, messages, reviews, communications, feedback, submissions, suggestions, questions, and other information, data, content, and materials (including page headers, images, text, illustrations, formats, logos, hashtags, designs, icons, photographs, software programs, music clips or downloads, video clips, and written and other materials.)
When we say “Ideas,” we mean ideas, concepts, feedback, and know-how that you make available in connection with the Fones.co.za Sites.
When we say “make available,” we mean post, transit, publish, upload, distribute, transmit, display, provide, or otherwise submit or make available (including through any part of the Fones.co.za Sites administrated by third-party social media platforms (e.g., Facebook or Instagram) that allow interaction with the Fones.co.za Sites through the tools offered by such social media platforms).
When we say “Materials,” we mean Content that Fones.co.za Entities make available on or through the Fones.co.za Sites, including In Store Now information.
IMPORTANT: THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH IN SECTION 20 BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. THIS MEANS THAT YOU AND FONES.CO.ZA ARE EACH GIVING UP OUR RIGHTS TO SUE EACH OTHER IN COURT OR IN CLASS ACTIONS OF ANY KIND.
Your Use of the Fones.co.za Sites
You certify that the Content you provide on or through the Fones.co.za Sites is accurate and that the information you provide on or through the Fones.co.za Sites is complete. You are solely responsible for maintaining the confidentiality and security of your account including username, password, and PIN. Fones.co.za is not responsible for any losses arising out of the unauthorized use of your account. You agree that Fones.co.za does not have any responsibility if you lose or share access to your device. Any agreement between you and the issuer of your credit card, debit card, or other form of payment will continue to govern your use of such payment method on the Fones.co.za Sites. You agree that Fones.co.za is not a party to any such agreement, nor is Fones.co.za responsible for the content, accuracy, or unavailability of any method used for payment. Your account may be restricted or terminated for any reason, at our sole discretion. Except as otherwise provided by law, at any time without notice to you, we may (1) change, restrict access to, suspend, or discontinue the Fones.co.za Sites or any portion of the Fones.co.za Sites, and (2) charge, modify, or waive any fees required to use any services, functionality or other content available through the Fones.co.za Sites or any portion of the Fones.co.za Sites.
In connection with the Fones.co.za Sites, you will not:
Make available any Content through or in connection with the Fones.co.za Sites that is or may be in violation of the content guidelines set forth in Section 3.C (Prohibited Content) below. Make available through or in connection with the Fones.co.za Sites any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment. Use the Fones.co.za Sites for any commercial purpose, or for any purpose that is fraudulent or otherwise tortious or unlawful. Harvest or collect information about users of the Fones.co.za Sites. Interfere with or disrupt the operation of the Fones.co.za Sites or the systems, servers, or networks used to make the Fones.co.za Sites available, including by hacking or defacing any portion of the Fones.co.za Sites; or violate any requirement, procedure or policy of such servers or networks.
3. Content and Ideas
A. Submitting Content and Ideas
B. Fones.co.za’s Rights to Use Content and Ideas You grant to Fones.co.za a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display (publicly or otherwise) any Content that you make available, in any media or medium, and in any form, format, or forum now known or hereafter developed. You further agree that Fones.co.za is free to use any Ideas for any purpose. Fones.co.za may sublicense its rights in Content and Ideas through multiple tiers of sublicenses. Fones.co.za is, and will be, under no obligation (1) to maintain any Content or Idea in confidence;
(2) to pay any compensation for any Content or Idea; or (3) to respond to any Content or Idea. You grant to Fones.co.za the right to use any name associated with any Content or Idea that you make available to Fones.co.za, although Fones.co.za has no obligation to exercise such right, or to otherwise provide any attribution for any Content or Idea.
C. Prohibited Content
You agree that you will not make available Content in connection with the Fones.co.za Sites that: is false, fraudulent, inaccurate, or misleading; contains your full name(s), or any other confidential personally identifiable information of yourself or others; violates any local, state, federal, or international laws or is otherwise tortious; is protected by or would infringe on the rights of others (including Fones.co.za), including any patent, copyright, trademark, trade secret, right of publicity or privacy, or any other proprietary right, without the express prior written consent of the applicable owner; is obscene, indecent, pornographic, or otherwise objectionable; is derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Fones.co.za in its sole discretion; victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability; is violent or threatening, or promotes violence against, or actions that are threatening to, any individual or group; contains advertisements, solicitations, or spam links to other web sites or individuals, without prior written permission from Fones.co.za; contains or relates to chain letters or pyramid schemes; impersonates another business, person, or entity, including Fones.co.za, its related entities, employees, and agents; violates any policy posted on the Fones.co.za Sites; or is intended to cause harm, damage, disable, or otherwise interfere with the Fones.co.za Sites or our partners.
4. Monitoring by Fones.co.za
5. Materials Available on the Fones.co.za Sites
Fones.co.za and its suppliers and licensors may make available various Materials. The Materials are for educational and informational purposes only, and errors may appear from time to time. Before you act in reliance on any Materials, you should confirm any facts that are important to your decision. The Fones.co.za Entities make no warranty as to the reliability, accuracy, timeliness, usefulness, or completeness of any Materials. If you find an error or notice something that does not look quite right on the Fones.co.za Sites, we would appreciate it if you let us know by contacting us at http://help.Fones.co.za.co.za/. (Your feedback is a big part of what helps Fones.co.za to get better at helping you!)
NO MATERIALS RELATED TO HEALTH, WELLNESS, PRESCRIPTIONS, OR PHARMACEUTICALS ARE INTENDED TO SUBSTITUTE FOR THE DIAGNOSIS, TREATMENT AND ADVICE OF A MEDICAL PROFESSIONAL, AND SUCH MATERIALS DO NOT COVER ALL POSSIBLE USES, PRECAUTIONS, SIDE EFFECTS, AND INTERACTIONS, AND SHOULD NOT BE CONSTRUED TO INDICATE THAT ANY DRUG IS SAFE OR EFFECTIVE FOR YOU. CONSULT THE PRODUCT INFORMATION (INCLUDING PACKAGE INSERTS) REGARDING DOSAGE, PRECAUTIONS, WARNINGS, AND INTERACTIONS, AND YOUR MEDICAL PROFESSIONAL, FOR GUIDANCE BEFORE USING ANY PRESCRIPTION OR OVER-THE-COUNTER DRUG.
THE FONES.CO.ZA ENTITIES ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE MATERIALS.
The Sites may make available listings, descriptions, and images of goods and services (collectively, “Products”). Such Products may be made available by us or by third parties. We make no representations as to the completeness, accuracy, reliability, validity, or timeliness of such listings, descriptions, or images (including any features, specifications, and prices contained on the Sites). Such information and the availability of any Product are subject to change at any time without notice.
We have made efforts to accurately display the attributes of Products, including the applicable colors. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will accurately reflect actual product color or finish. In addition, certain weights, measures, and similar descriptions are approximate and are for convenience only.
We sell Products for children’s use; however, these Products are intended for sale to adults. Fones.co.za has no liability to you for content on the Fones.co.za Sites that you find to be offensive, indecent, or objectionable. Certain videos, movies, TV programs, video games, computer games, and other Products are labeled with age restrictions or are intended for individuals of certain ages or “mature audiences” only. By ordering an age restricted item, you certify that you satisfy the age restrictions.
Fones.co.za is not responsible for, and cannot guarantee the performance of, goods and services provided by third parties, including any Fones.co.za Entity, Marketplace Retailer (as defined below in Section
16.A), our advertisers, or other third parties to whose sites we link. While our goal is to provide accurate information, product packaging and material may contain more and/or different information than that provided on Fones.co.za Sites, including the product description, country of origin, nutrition, ingredient, allergen, and other information. Always read labels, warnings, directions, and other information provided with the product before using or consuming the product. For additional information about a product, please contact the manufacturer. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease or health condition. If you find a product is not as described, your sole remedy is to return it in unused condition (excluding products that are not eligible for return), in accordance with Fones.co.za’s return policy. It is your responsibility to ascertain and obey all applicable local, state, federal, and foreign laws (including minimum age requirements) regarding the purchase, possession, and use of any Product.
7. Third Party Sites
8. Placing an Order
Your card issuer determines the length of time the pre-authorization is held. We do this to ensure that the card details are still valid and that you have sufficient funds to complete the transaction.
By confirming your purchase at the end of the checkout process, you agree to accept and pay for the Products, as well as all shipping and handling charges and applicable taxes. You will not be charged for most orders until the order has shipped. Some exceptions (when you will be charged at the time your order is placed) are: (i) orders or preorders paid for with a Gift Card, eGift Card, or PayPal account; and (ii) orders paid using the in-store “Cash” payment method.
B. Pricing Information; Availability
Fones.co.za cannot confirm the price or availability of an item until after your order is placed. Pricing or availability errors may occur on the Fones.co.za Sites or through Marketplace Retailers. The receipt of an order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a Product. Fones.co.za reserves the right to cancel any orders containing pricing or availability errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from Fones.co.za. Fones.co.za may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Pricing for products may be different on the Fones.co.za Sites or from prices available in Fones.co.za stores or on Fones.co.za Apps.
C. Promotional Codes
Promotional codes are limited in nature and may expire or be discontinued with or without notice. Promotional codes are void where prohibited by law. Promotional codes may not be copied, sold, or otherwise transferred. They are not redeemable for cash and are subject to cancellation or change at any time for any reason without notice. We reserve the right in our discretion to impose conditions on the offering of any promotional code.
D. Gift Cards
The risk of loss and title to any gift cards passes to the purchaser upon our electronic transmission to the recipient or delivery to the carrier, whichever is applicable. Your purchase and use of gift cards is subject to the full terms and conditions related to gift cards, available at https://help.Fones.co.za.co.za
9. Shipping and Delivery
Products will be shipped to an address designated by you, if applicable, so long as such address is complete and complies with the shipping restrictions contained on the Fones.co.za Sites. All transactions are made pursuant to a shipping contract, and, as a result, risk of loss and title for Products pass to you upon delivery of the Products to the carrier.
Delivery of Products purchased from the Fones.co.za Sites to addresses outside the United States is limited. Some Products also have restricted delivery within the United States. Delivery restrictions are available at https://Fones.co.za.co.za/
Some Products may be available for pick up at physical Fones.co.za store locations. Estimated delivery times are determined based on the method of shipping chosen when Products are purchased and the destination of the Products.
10. Export Policy
You acknowledge that (a) goods licensed or sold on the Fones.co.za Sites, and (b) any software or technology purchased, downloaded, or used from the Fones.co.za Sites, are subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received, and you agree to comply with all applicable laws. You agree, represent, and warrant that no Materials will be accessed from, downloaded in, released in, carried to, transferred to, transshipped through, exported to, or re-exported (collectively “transferred”) to any territory (or national resident thereof), person, entity, or organization to which such Materials could not be transferred directly from the United States or by a U.S. person without a license, including without limitation to any person on the U.S. Treasury Department’s List of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Persons List or Entity List.
11. Intellectual Property
No license, right, title, or interest in the Fones.co.za Sites or any Materials is transferred to you as a result of your use of the Fones.co.za Sites or your accessing, viewing, downloading, or printing of the Materials. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell, or participate in any sale of or exploit in any way, in whole or in part, any of the Materials or the Fones.co.za Sites. The Fones.co.za Sites and Materials may be used only as a personal shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Fones.co.za Sites and the Materials is strictly prohibited. The compilation (meaning the collection, arrangement, and assembly) of the Fones.co.za Sites and Materials is the exclusive property of Fones.co.za and is also protected by U.S. and international copyright laws.
FONES.CO.ZA, the FONES.CO.ZA.co.za names and logos, and all other graphics, logos, page headers, button icons, scripts, and service names included in or made available through any of the Fones.co.za Sites are trademarks or trade dress of Fones.co.za in South Africa and other countries. All other marks are the property of their respective companies.
12. Procedure for Making a Claim of Copyright Infringement
We respect the intellectual property of others. If you believe that your work has been copied and is accessible on the Fones.co.za Sites in a way that constitutes copyright infringement, please contact us emmidiatley.
14. Third-Party Software & Licensing Notices
16. Terms Applicable to Special Fones.co.za Services
A. iOS Fones.co.za App
B. Mobile Checkout Services
Fones.co.za Apps may enable customers to scan products at Fones.co.za stores with their mobile devices and use mobile checkout solutions (“Mobile Checkout Services”). Any use of the Mobile Checkout Services is subject to the following additional terms:
You agree to accurately scan all products before checkout when using any Mobile Checkout Services, and to pay for all products you obtain from any Fones.co.za store. If you are unable to scan any products for any reason (including due to lack of connectivity with your mobile service), please consult with a Fones.co.za employee to make sure all items are reflected on your physical or electronic receipt. You agree that Fones.co.za may review the products in your possession and/or your receipt or proof of purchase on your mobile or other electronic device at any time and request that any products be re-scanned, and that any product or order price be re-calculated. In the event you and any Fones.co.za employee calculate different totals for your purchase, the calculation confirmed by the Fones.co.za employee will be the amount payable by you. You agree to fully cooperate with us and our employees during your use of any Mobile Checkout Services, including by providing any identification or verification required for the purchase of certain products. We may restrict, suspend, or terminate your right to use any Mobile Checkout Services at any time in our sole discretion. We may cease or suspend offering any Mobile Checkout Services at any time without notice to you.
17. Disclaimer of Warranties
THE FONES.CO.ZA SITES, AND ALL CONTENT, MATERIALS, PRODUCTS, SERVICES, FUNCTIONALITY, AND OTHER ITEMS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE FONES.CO.ZA SITES, ARE PROVIDED BY FONES.CO.ZA ON AN “AS IS” AND “AS AVAILABLE” BASIS. NO FONES.CO.ZA ENTITY MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE FONES.CO.ZA SITES OR THE CONTENT, MATERIALS, PRODUCTS, SERVICES, FUNCTIONALITY, OR OTHER ITEMS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE FONES.CO.ZA SITES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE FONES.CO.ZA ENTITIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, THE FONES.CO.ZA ENTITIES DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THE FONES.CO.ZA SITES. YOU ACKNOWLEDGE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, YOUR USE OF THE FONES.CO.ZA SITES IS AT YOUR SOLE RISK. THIS SECTION 17 DOES NOT LIMIT THE TERMS OF ANY PRODUCT
18. Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, FONES.CO.ZA WILL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE FONES.CO.ZA SITES, EVEN IF AN AUTHORIZED REPRESENTATIVE OF A FONES.CO.ZA ENTITY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, THIS DISCLAIMER APPLIES TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION FAILURE, NETWORK OR SYSTEM OUTAGE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OF USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS.
SUBJECT TO THE FOREGOING, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, NO FONES.CO.ZA ENTITY WILL BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE FONES.CO.ZA SITES DURING THE SIX (6) MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, NO FONES.CO.ZA ENTITY WILL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY SELLER (INCLUDING ANY MARKETPLACE RETAILER), SHOPPER, OR OTHER USER OF THE FONES.CO.ZA SITES.
20. Disputes & Arbitration; Applicable Law
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. Using or accessing the Fones.co.za Sites constitutes your acceptance of this Arbitration provision. Please read it carefully as it provides that you and Fones.co.za will waive any right to file a lawsuit in court or participate in a class action for matters within the terms of the Arbitration provision.