TERMS AND CONDITIONS

Last updated May 09, 2024

 

AGREEMENT TO OUR LEGAL TERMS

We are Rollstone Investments (Pty) Ltd T/A Shopmor, doing business as Shopmor (‘Company’, ‘we’, or ‘our’), a company registered in South Africa at 5 Hunslett Drive, Phoenix Industrial Park, Kwazulu-Natal 4068.

We operate the website http://www.shopmor.co.za (the ‘Site’), as well as any other related products and services that refer or link to these legal terms (the ‘Legal Terms’) (collectively, the ‘Services’).

You can contact us by phone at +27(0)64 199 8776, email at info@shopmor.co.za , or by mail to 5 Hunslett Drive, Phoenix Industrial Park, Kwazulu-Natal 4068, South Africa.

These Legal Terms constitute a legally binding agreement made between you, weather personally or on behalf of an entity (you) and Rollstone Investment (PTY) LTD T/A Shopmor, concerning your access to and use of the services. You agree that by accessing the services, you have read, understood, and agreed to be bound by all of these Legal Terms. If you do not agree with all of these terms, then you are expressly prohibited from using the services and you must discontinue use immediately.

Supplemental terms and conditions or documents that may be posted on the services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these legal terms and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these legal terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised legal terms by your continued use of the services after the date such revised legal terms are posted.

The services are intended for users who are at least 18 years old. Persons under the age of age are not permitted to use or register for the services.

We recommend that you print a copy of these legal terms for your records.

 

TABLE OF CONTENTS

  1. OUR SERVICES
  2. INTELLECTUAL PROPERTY RIGHTS
  3. USER REPRESENTATION
  4. USER REGISTRATION
  5. PRODUCTS
  6. PURCHASES, PAYMENT AND SHIPPING POLICY
  7. RETURN POLICY
  8. PROHIBITED ACTIVITIES
  9. USER GENERATED CONTRIBUTIONS
  10. CONTRIBUTION LICENCE
  11. GUIDELINES FOR REVIEWS
  12. THIRD – PARTY WEBSITES & CONTENT
  13. AVERTISERS
  14. SERVICES MANAGEMENT
  15. PRIVACY POLICY
  16. COPYRIGHT INFRINGEMENTS
  17. TERMS& TERMINATION
  18. MODIFICATIONS & INTERRUPTIONS
  19. GOVERNING LAW
  20. DISPUTE RESOLUTION
  21. CORRECTIONS
  22. DISCLAIMER
  23. LIMITATIONS OF LIABILITY
  24. INDEMNIFICATION
  25. USER DATA
  26. ELECTRONIC COMMUNIATIONS, TRANSACTIONS AND SIGNATURES
  27. SMS TEXT MESSAGE
  28. MISCELLANEOUS
  29. CONTACT US

 

 

  1. OUR SERVICES

The information provided when using the services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration required within such jurisdiction or country. Accordingly, those persons who choose to access the services from other locations do so on their own initiative and solely responsible for compliance with local laws, if and to the extent local laws are applicable.

 

  1. INTELLECTUAL PROPERTY RIGHTS

OUR INTELLECTUAL PROPERTY

 

We are the owner or the licensee of all intellectual property rights in our services, including all source code, databases, functionality, software, website design, audio, video, text, photographs and graphics in the services (collectively, the content) as well as the trademarks, services marks and logos contained therein (the marks)

Our contents and marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.

The content and marks are provided in or through the services AS IS for your personal, non – commercial use only.

 

YOUR USE FOR YOUR SERVICES

Subject to your compliance with these legal terms, including the PROHIBITED ACTIVITIES section below we grant you a non – transferable licence to:

  • Access the service and
  • Download or print a copy of any portion of the content to which you have properly gained access

Solely for your personal, non – commercial use.

Except as set out in this section or elsewhere in our legal terms, no part of the services and no content or mark may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

If you wish to make any use of the services , content or marks other than as set out in this section or elsewhere in our legal terms , please address your request to : info@shopmor,co,za if we ever grant you the permission to post , reproduce or publicly display any part of our services or content you must identify us as the owners or licensors of the services content or marks and ensure that any copyright or proprietary notice appears or is visible on posting , reproducing or displaying our content .

We reserve all rights not expressly granted to you in and to the services, content and marks.

Any breach of these intellectual property rights will constitute a material breach of legal terms and your right to use our services will terminate immediately.

 

YOUR SUBMISSION AND CONTRIBUTIONS

Please review this section and the PROHIBITED ACTIVITIES section carefully prior to using our service to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the services.

 

SUBMISSIONS: By directly sending us any questions, comment, suggestion, ideas, feedback, or other information about the services (submissions) you agree to assign to us all intellectual property rights in such submission. You agree that we shall own this submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgement or compensation to you.

 

CONTRIBUTIONS: The services may invite you to chat , contributed to or participate in blogs , message boards , online forums , and other functionality during which you may create , submit , post ,display , transmit, publish , distribute or broadcast content and materials to us or through the services including but not limited to text , writing , video , audio , photographs , music ,graphics , comments , reviews , rating suggestion , personal information or other material ( contributions) any submission that is publicly posted shall also be treated as a contribution.

You understand that contributions may be reviewable by other users of the services and possibly through third – party website.

 

WHEN YOU POST CONTRIBUTIONS YOU GRANT US A LICENCE (INCLUDING USE OF YOUR NAME, TRADEMARK AND LOGOS):

By posting  any contributions you grant us an unrestricted , unlimited , irrevocable, perpetual, non – exclusive , transferable , royalty – free , fully paid , worldwide right and licence to use , copy , reproduce, distributed , sell, resell, publish , broadcast , retitle, store, publicly perform, publicly display, reformat, translate ,excerpt (in whole or in part ) and exploit your contribution (including without limitation, your image , name and voice ) for any purpose , commercial , advertising or otherwise, to prepare derivative works of or incorporate into other works your contribution and to sublicense the licences granted in this section . Our use and distribution may occur in any media formats and through any media channels.

 

The licence incudes our use of your name, company name and franchise name as applicable and any of the trademarks, service marks, tradenames, logos and personal and commercial images you provide.

You are responsible for what you post or upload: by sending us submissions and or posting contributions through any part of the services or marking contributions accessible through the services by linking your account through the services to any of your social networking accounts, you:

 

  • Confirm that you have read and agree with our PROHIBITED ACTIVITIES and will not post, send, publish, upload or transmit through the services any submission nor post any contribution that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threating to any person or group, sexually explicit, false, inaccurate, deceitful or misleading.
  • To the extent permissible by applicable law, waive any and all moral rights to any such submission and or contribution:
  • Warrant that any such submission and or contributions are original to you or that you have the necessary rights and licences to submit such submissions and or contribution and that you have full authority to grant us the above mentioned rights in relation to your submissions and or contribution and
  • Warrant and represent that your submissions and or contributions do not constitute confidential information.

You are solely responsible for your submissions and or contributions and you expressly agree to reimburse use for any and all loses that we may suffer because of your breach of (a) this section (b) any third party’s intellectual property rights or (c) applicable laws.

 

We may remove or edit your content: although we have no obligation to monitor any contributions we shall have the right to remove or edit any contributions at any time without notice if in our reasonable opinion we consider such contributions harmful or in breach of these legal terms. If we remove or edit any such contributions we may also suspend or disable your account and report you to the authorities.

 

COPYRIGHT INFRINGEMENT 

We respect the intellectual property rights of others. If you believe that any material available on or through the services infringers upon any copyright you own or control, please immediately refer to the COPYRIGHT INFRINGEMENT section below.

 

  1. USER REPRESENTATIONS

By using the services, you represent and warrant that (1) all registration information you submit will be true, accurate, current and complete (2) you will maintain the accuracy of such information and promptly update such registration information as necessary (3) you have the legal capacity and you agree to comply with these legal terms (4) you are not a minor in the jurisdiction in which you reside (5) you will not access the services through automated or non – human means whether through a bot , script or otherwise (6) you will not use the services for any illegal or unauthorised purpose and (7) your use of the services will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current or incomplete we have the right to suspend or terminate your account and refuse any and all current or future use of the services (or any portion thereof).

 

  1. USER REGISTRATION

You may be required to register to use the services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim or change a username you select if we determine in out sole discretion that such username is inappropriate, obscene or otherwise objectionable.

 

  1. PRODUCTS

We make every effort to display as accurately as possible the colours, features, specifications and details of the products available on the services. However, we do not guarantee that the colours, features, specifications and details of the product will be accurate, complete, reliable, current or free of the error and your electronic display may not accurately reflect the actual colours and details of the products. All products are subject to availability and we cannot guarantee that items will be in stock.  We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.

 

  1. PURCHASE, PAYMENT AND SHIPPING POLICY

We accept the following forms of payment:

  • Visa
  • MasterCard
  • EFT
  • Shop2Shop

 

You agree to provide current, complete and accurate purchase and account information for all purchasers made via the services. You further agree to promptly update Account and payment information, including email address, payment method and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change price at any time. All payments shall be in RANDS.

You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees and you authorise us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

We reserve the right to refuse any order placed through the services. 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 payment method and or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that in our sole judgement appear to be placed by dealers, resellers or distributors.

 

SHIPPING AND DELIVERY POLICY

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of this Disclaimer:

 

  • "Company" (referred to as either "the Company", "We", "Us" or "Our" in this Disclaimer) refers to Rollstone Investments (Pty) Ltd T/A Shopmor, 5 Hunslett Drive, Phoenix Industrial Park, Kwazulu-Natal 4068
  • "Goods" refers to the items offered for sale on the Service.
  • "Orders" means a request by You to purchase Goods from Us.
  • "Service" refers to the Website.
  • "Website" refers to Shopmor, accessible from http://shopmor.co.za
  • "You" means the individual accessing the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

 

The following terms and conditions constitute our Shipping Policy.

Domestic Shipping Policy

Shipment processing times

All Orders are processed according to the delivery time slot selected when placing your online order. Orders are shipped Monday to Friday from 9am to 5pm and on Saturdays from 9am to 1pm excluding Sundays and public holidays.

 

Delivery Time Slots

To facilitate planning of deliveries on time, you will need to select a time slot for the delivery of your Order. On peak days and times, we may provide additional deliveries per time slot by adding more drivers during these peaks. Customers are however required to select from available Delivery Time Slots displayed at check out.

The Delivery Time Slot selected is the Target Time Slot (Example 2pm) for your delivery. Our Drivers will begin drop off of deliveries in this time slot from 2pm, and should conclude all deliveries in this time slot by 2:50pm.

 

Delivery Delays

There are a number of possible reasons for a delivery delay, ranging from exceptional Traffic en Route and road accidents, High Order Volumes, Oversized Orders including weights and carrying capacity of the vehicle, and/or Technical Issues processing an order.

Where possible, an expected delay will be communicated via our Track my Order Service with the number of minutes this delay is expected to impact the delivery times in this slot. As an example, a 2pm slot may have a 10 minute traffic delay, however this may/ or may not have an impact on receiving your delivery between 2pm and 2:50 pm.

If there will be a significant delay in shipment of Your Order, We will contact You via email or telephone.

 

Shipping rates & delivery estimates

Generally our Shipping Rate for standard grocery orders is R35 per delivery, but this rate based on the following restrictions:

  • The Delivery (Via the Route Map), does not Exceed 5.5 km to drop off
  • The Delivery fits the carrying capacity of our Standard Delivery Motor Bikes
  • The Shipping Weight does not exceed the Vehicle Tare

The Order system will automatically allocate an appropriate vehicle for the order size and weight being ordered, which may directly impact the cost of delivery, and time needed to process your order. Shipping charges for Your Orders will be calculated and displayed at checkout.

 

Standard Shipping Options

 

  • Shipping Option: Same Day
    Shipment cost: R35
    Estimated delivery time: Within 50 Minutes of Slot Selected

           Order Cut Off Time: 2pm

 

  • Shipping Option: Express - Next Day
    Shipment cost: R30
    Estimated delivery time: Within 50 Minutes of Slot Selected

 

  • Shipping Option: Economy – 2-5 Days
    Shipment cost: R25
    Estimated delivery time: Within 50 Minutes of Slot Selected

 

Shipment to P.O. boxes

For Security Reasons, We do not ship to P.O. Boxes.

Shipment confirmation & Order tracking

You will receive an Order Confirmation Email once Your Order has been placed. An Invoice and ife required, a Credit Note, will be emailed once your goods are dispatched. You will be able to track your order at any time from the website, by logging into your account.

Orders Outside of the Republic of South Africa

Shopmor does not deliver goods outside of the Republic of South Africa. We are not responsible for any customs and taxes applied to Your Order. All fees imposed during or after shipping are the responsibility of the customer (tariffs, taxes)

 

Delivery Areas by Branch and Limitations

Shopmor KZN: - delivers to all areas within a 10km radius of our corporate address: 5 Hunslett Drive, Phoenix Industrial Park, Kwazulu-Natal.

Areas Included are Phoenix, Mount Edgecombe, KwaMashu, Amaoti, Inanda, Ntuzuma, Newlands East, Umhlanga, Durban North, Verulam and Newlands West.

Please Note that some areas may be restricted from delivery due to security reasons, whilst those further away may be limited to order delivery on only certain days of the week.

 

Check Your Order upon Delivery

You are required to check the order immediately upon delivery, and notify us via email, of any damages, shortages or goods for return or exchange within 24hrs. Please see our Returns Policy.  

Please save all packaging materials and damaged goods before filing a claim.

 

Contact Us

If you have any questions about this Shipping Policy, or your order, You can contact Us via email:

  • By sending us an email: orders@shopmor.co.za

 

 

  1. RETURN POLICY

We offer refund and/or exchange within the first 14 days of your purchase, if 14 days have passed since your purchase, you will not be offered a refund and/or exchange of any kind.

Eligibility for Refunds and Exchanges

  • Your item must be unused and in the same condition that you received it.
  • The item must be in the original packaging.
  • To complete your return, we require a receipt or proof of purchase.
  • Only regular priced items may be refunded, sale items cannot be refunded.
  • If the item in question was marked as a gift when purchased and shipped directly to you, you will receive a gift credit for the value of your return.

Exchanges

We only replace items if they are defective or damaged. If you need to exchange it for the same item, send us an email at orders@shopmor.co.za.

In order to process an exchange, you may be required to send your item to: 5 Hunslett Drive, Phoenix Industrial Park, Kwazulu-Natal 4068. The Item must be clearly marked as follows:

  • For attention: Shopmor
  • Subject: Goods Exchange
  • Order Number.

Exempt Goods

The following are exempt from refunds:

  • Gift cards
  • Some health and personal care items
  • Products bought on promotion

Partial refunds are granted

  • If any item is not in its original condition, is damaged or missing parts for reasons not due to our error.
  • If any item is returned more than 14 days after delivery.

Refunds and Returns

If you need to be refunded for the purchase of an item, send us an email at orders@shopmor.co.za.

In order to affect a refund, you may be required to send your item to: 5 Hunslett Drive, Phoenix Industrial Park, Kwazulu-Natal 4068. The Item must be clearly marked as follows:

  • For attention: Shopmor
  • Subject: Goods Returns
  • Order Number.

 

Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund.

If you are approved, then your refund will be processed, and a credit will automatically be applied to your Shopmor Online Account/ Wallet. Wallet Credits can be used to pay for new orders; or you can request a refund to your original method of payment, or credit card.

Late or missing refunds

  • If you have not received a refund yet, first check your Shopmor Wallet.
  • If you have done this, and your refund does not display, please contact us at orders@shopmor.co.za

Shipping and Collection of Goods for Exchange or Refund

  • Please do not send the product back to the manufacturer. It must be sent to the following Address 5 Hunslett Drive, Phoenix Industrial Park, Kwazulu-Natal 4068, clearly marking the goods for attention: Shopmor; Subject: Goods Returns with your Order Number on the Package.
  • You may be responsible for paying for your own shipping costs for returning your item.
  • Should we facilitate the collection of an item for Exchange or Refund, you may be liable for shipping costs.
  • Shipping costs are non-refundable! If you receive a refund, the cost of return shipping may be deducted from your refund.
  • Depending on where you live, the time it may take for your exchanged product to reach you, may vary.
  • Please be aware, we cannot guarantee that we will receive your returned item. Please ensure you receive a Goods Returns Note as proof of your return.

 

  1. PROHIBITED ACTIVITIES

 

You may not access or use the services for any purpose other than that for which the services are available. The services may not be used in connection with any endeavours except those that are specifically endorsed or approved by us.

As a user of the services you agree not to:

  • Systematically retrieve data or other content from the services to create or compile directly or indirectly a collection, compilation, database or directory without written permission from us.
  • Trick, defraud or mislead us and other users especially in any attempt to learn sensitive account information such as user password
  • Circumvent, disable or otherwise interfere with security – related features of the services, including features that prevent or restrict the use or copying of any content or enforce limitations on the services and or the content contained therein.
  • Disparage, tarnish or otherwise harm in our opinion, us and or the services
  • Use any information obtaining from the services in order to harass, abuse or harm another person.
  • Make improper use of our support services or submit false information
  • Engage in unauthorised framing of or linking to the services.
  • Upload or transmit (or attempt to upload or to transmit) viruses. Trojan horses or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text) that interferes with any party’s uninterrupted use and enjoyment of the services or modifies, impairs, disrupts, alters or interferes with the use, features, functions, operations or maintenance of the services.
  • Engaged in any automated use of the system, such as using scripts to send comments or messages or using any data mining reboots or similar data gathering and extraction tools.
  • Delete the copyright or other proprietary rights noticed from any content
  • Attempt to impersonate another user or person or use the username of another user.
  • Upload or transmit (or attempt to upload or to transmit) any material that acts as passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (gifs) , 1x1 pixels, web bugs, cookies or other similar devices (sometimes referred to as spyware or passive collection mechanisms or pcms) .
  • Interfere with disrupt or create an undue burden on the services or the networks or services connected to the services
  • Harass, annoy, intimidate or threaten any of our employees or agents engaged in providing any portion of the services to you.
  • Attempt to bypass any measure of the services designed to prevent or restrict access to the services or any portion of the services.
  • Copy or adapt the services software including but not limited to flash ,PHP,HTML, JAVA SCRIPT or other code.
  • Except as permitted by applicable law, decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the services.
  • Except as may be the result of standard search engine or internet browser usage, use, launch, develop or distribute any automated system, including without limitation any spider, robot, cheat utility, scraper or offline reader that accesses the services or use or launch any unauthorised script or other software.
  • Use a buying agent or purchasing agents to make purchases on the services
  • Make any unauthorised use of the services including collecting username and or email addresses of users by electronic or other means for the purpose of sending unsolicited email or creating user accounts by automated means or under false pretences.
  • Use the services as part of any effort to compete with us or otherwise use the services and or the content for any revenue-generating endeavour or commercial enterprise.
  • Use the services to advertise or offer to sell goods and services
  • Sell or otherwise transfer your profile

 

  1. USER GENERATED CONTRIBUTIONS

The services may invite you to chat, contribute to or participate in blogs, messages boards, online forums and other functionality and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and material to us or on the services including but not limited to text, writing, video, audio, photographs, graphics, comments, suggestions or personal information or other material (collectively contributions)

Contributions may be viewed by other users of the services and through third – party websites. As such any contributions you transmit may be treated as non – confidential and non – proprietary.

When you create or make available any contribution, you thereby represent and warrant that:

  • The creation, distribution, transmission, public display, or performance and the accessing, downloading or copying of your contribution do not and will not infringe the proprietary rights including but not limited to the copyright, patent, trademark, trade secret or moral rights of any third party.
  • You are the creator and owner of or have the necessary licences, rights, consents, releases and permissions to use and to authorise us, the services and other users of the services to use your contributions in any manner contemplated by the services and these legal terms
  • You have the written consent, release and or permission of each and every identifiable individual person in your contribution to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your contribution in any contemplated by the services and theses legal terms.
  • Your contributions are not false, inaccurate or misleading
  • Your contributions are not unsolicited or unauthorised advertising, promotional material, pyramid schemes, chain letters, spam, mass mailing or other forms of solicitation
  • Your contributions are not absence, lewd, lascivious, filthy, violent, harassing, libellous, slanderous or otherwise objectionable (as determined by us)
  • Your contribution does not ridicule, mock, disparage, intimidate or abuse anyone
  • Your contributions are not to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people
  • Your contributions do not violate any applicable law, regulation or rule
  • Your contributions do not violate the privacy or publicity rights of any third party
  • Your contributions do not violate any applicable law concerning child pornography or otherwise intended to protect the health or wellbeing of minors
  • Your contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference or physical handicap
  • Your contributions do not otherwise violate or link to material that violates any provision of theses legal terms or any applicable law or regulation

Any use of the services in violation of the foregoing violates these legal terms and may result in, among other things, termination or suspension of your rights to use the services.

 

  1. CONTRIBUTION LICENCE

By posting your contributions to any part of the services you automatically grant and you represent and warrant that you have the right to grant to us an unrestricted , unlimited , irrevocable , perpetual, non – exclusive , transferable , royalty –free , fully paid , worldwide right, and licence to host , use , copy , reproduce , disclose , sell , resell ,publish , broadcast , retitle , archive ,store ,cache, publicly perform, publicly display ,reformat ,translate, transmit, excerpt ( in whole or in part ) and distribute  such contribution ( including without limitation , your image and voice ) for any purpose , commercial , advertising or otherwise and to prepare derivative works of or incorporate into other works such contribution and grant and authorise sublicenses of the foregoing . The use and distribution may occur in any media format and through any media channels.

This licences will apply to any form, media or technology now known or hereafter developed and includes our use of your name, company name and franchise name as applicable and any of the trademarks, service marks, trade names, logo, and personal and commercial images you provide.

You waive all moral rights in your contributions and you warrant that moral rights have not otherwise been asserted in your contributions.

We do not assert any ownership over your contribution. You retain full ownership of all of your contributions and any intellectual property rights or other proprietary rights associated with your contribution. We are not liable for any statements or representations in your contributions provided by you in any area on the services. You are solely responsible for your contributions to the services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your contribution.

We have the right in our sole and absolute discretion (1) to edit, redact or otherwise change any contributions (2) to re categorise any contribution to place them in more appropriate locations on the services and (3) to pre-screen or delete any contribution at any time and for any reason, without notice. We have no obligation to monitor your contributions.

 

  1. GUIDELINES FOR REVIEWS

We may provide you areas on the services to leave reviews or ratings. When posting a review, you must comply with the following criteria (1) you should have first-hand experience with the person/entity being reviewed: (2) your reviews should not contain offensive profanity or abusive, racist , offensive or hateful language (3) your reviews should not contain discriminatory references b based on religion , race ,gender , national origin , age ,marital status , sexual orientation or disability (4) your reviews should not contain references to illegal activity (5) you should not be affiliated with competitors if posting negative reviews (6) you should not make any conclusion as to the legality of conduct (7) you may not post any false or misleading statements and (8) you may not organise a campaign encouraging others to post reviews whether positive or negative .

We may accept, reject or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claim, liabilities or losses resulting from any review. By posting a review you hereby grant to us a perpetual non- exclusive, worldwide, royalty-free, fully paid, assignable, and sub licensable  right and licence to reproduce modify translate ,transmit by any means , display , perform and or distribute all content relating to review .

 

  1. THIRD – PARTY WEBSITES AND CONTENT

The services may contact ( or you may be sent via the site ) links to other websites ( third-party websites ) as well as articles , photographs ,text , graphics , pictures , designs , music , sound ,video , information , applications , software ,and other content or items belonging to or originating from third parties( third-party content) . Such third – party website and third – party content are not investigated, monitored or checked for accuracy, appropriateness or completeness by us and we are not responsible for any third – party websites accessed through the services or any third – party content posted on, available through or installed from the services including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the third –party content. Inclusion of linking to or permitting the use or installation of any third party websites or any third-party content does not imply approval or endorsement thereof by us. If you decide to leave the services and access the third – party websites or to use or install any third – party content you do so at your own risk and you should be aware these legal terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices of any website to which you navigate from the services or relating to any applications you use or install from the services. Any purchases you make through third – party website will be through other websites and from other companies and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third – party. You agree and acknowledge that we do not endorse the products or services offered on third – party websites and you shall hold us blameless from any harm caused by your purchase of such products or services. Additionally, you shall hold us blameless from any losses sustained by you or harm caused to or resulting in any way from any third – party content or any contact with third – party websites.

 

  1. ADVERTISERS

We allow advertisers to display their advertisements and other information in certain areas of the services such as sidebars advertisements or banner advertisements. We simply provide the space to place such advertisements and we have no other relationship with advertisers.

 

  1. SERVICES MANAGEMENT

We reserve the right but not the obligation to (1) monitor the services for violations of these legal terms (2) take appropriate legal action against anyone who in our sole discretion, violate the law or these legal terms including without limitation reporting such user to law enforcement authorities (3) in our discretion and without limitation refuse, restrict access to limit the availability of or disable ( to the extent technologically feasible) any of your contributions or any portion thereof (4) in our sole discretion and without limitation , noticed or liability to remove from the services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems and (5) otherwise manage the services in a manner designed to protect our rights and property and to facilitate the proper functioning of the services .

 

  1. PRIVACY POLICY 

We care about data privacy and security. By using the services, you agree to be bound by our privacy policy posted on the services which is incorporated into these legal terms. Please be advised the services are hosted in South Africa. IF you access the services from any other region of the world with laws or other requirements governing personal data collection use or disclosure that differ from applicable laws in SA then through your continued use of the services you are transferring your data to SA and you expressly consent to have your data transferred to and processed in SA.

 

This Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your information when You use the Service and tells You about Your privacy rights and how the law protects You.

We use Your Personal data to provide and improve the Service. By using the Service, You agree to the collection and use of information in accordance with this Privacy Policy.

 

Interpretation 

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

 

Definitions  

For the purposes of this Privacy Policy:

  • Account means a unique account created for You to access our Service or parts of our Service.
  • Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
  • Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Rollstone Investments (Pty) Ltd T/A Shopmor, 5 Hunslett Drive, Phoenix Industrial Park, Kwazulu-Natal 4068.
  • Cookies are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.
  • Country refers to: South Africa
  • Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
  • Personal Data is any information that relates to an identified or identifiable individual.
  • Service refers to the Website.
  • Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.
  • Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
  • Website refers to Shopmor, accessible from <http://www.shopmor.co.za>
  • You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

 

Collecting and Using Your Personal Data 

Types of Data Collected 

Personal Data 

While using Our Service, We may ask You to provide Us with certain personal identifiable information that can be used to contact or identify You.

Personally identifiable information may include, but is not limited to:

  • Email address
  • First name and last name
  • Phone number
  • Address, City, Province, Suburb, Postal code
  • Usage Data

 

Usage Data 

Usage Data is collected automatically when using the Service.

Usage Data may include information such as Your Device's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.

We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.

 

Tracking Technologies and Cookies 

We use Cookies and similar tracking technologies to track the activity on Our Service and store certain information. Tracking technologies used are beacons, tags, and scripts to collect and track information and to improve and analyze Our Service. The technologies We use may include:

 

  • Cookies or Browser Cookies. A cookie is a small file placed on Your Device. You can instruct Your browser to refuse all Cookies or to indicate when a Cookie is being sent. However, if You do not accept Cookies, You may not be able to use some parts of our Service. Unless you have adjusted Your browser setting so that it will refuse Cookies, our Service may use     Cookies.
  • Web Beacons. Certain sections of our Service and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the     popularity of a certain section and verifying system and server integrity).

 

Cookies can be "Persistent" or "Session" Cookies. Persistent Cookies remain on Your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close Your web browser.

We use both Session and Persistent Cookies for the purposes set out below:

 

Necessary / Essential Cookies

Type: Session Cookies

Administered by: Us

Purpose: These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.

 

Cookies Policy / Notice Acceptance Cookies

Type: Persistent Cookies

Administered by: Us

Purpose: These Cookies identify if users have accepted the use of cookies on the Website.

 

Functionality Cookies

Type: Persistent Cookies

Administered by: Us

Purpose: These Cookies allow us to remember choices You make when You use the Website, such as remembering your login details or language preference. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter your preferences every time You use the Website.

 

Use of Your Personal Data 

The Company may use Personal Data for the following purposes:

  • To provide and maintain our Service , including to monitor the usage of our Service.
  • To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.
  • For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.
  • To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application's push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
  • To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.
  • To manage Your requests: To attend and manage Your requests to Us.
  • For business transfers: We may use Your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Us about our Service users is among the assets    transferred.
  • For other purposes : We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Service,  products, services, marketing and your experience.

 

We may share Your personal information in the following situations:

  • With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of our Service, to contact You.
  • For business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of Our business to  another company.
  • With Affiliates: We may share Your information with Our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include Our parent company and any other subsidiaries, joint venture partners or other companies that We control or that are under common control with Us.
  • With business partners: We may share Your information with Our business partners to offer You certain products, services or promotions.
  • With other users: when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside.
  • With Your consent : We may disclose Your personal information for any other purpose with Your consent.

 

Retention of Your Personal Data 

The Company will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

 

The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.

 

Transfer of Your Personal Data 

Your information, including Personal Data, is processed at the Company's operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to —and maintained on — computers located outside of Your City, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.

 

Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement to that transfer.

The Company will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy and no transfer of Your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of Your data and other personal information.

 

Delete Your Personal Data 

You have the right to delete or request that We assist in deleting the Personal Data that We have collected about You.

Our Service may give You the ability to delete certain information about You from within the Service.

You may update, amend, or delete Your information at any time by signing in to Your Account, if you have one, and visiting the account settings section that allows you to manage Your personal information. You may also contact Us to request access to, correct, or delete any personal information that You have provided to Us.

Please note, however, that We may need to retain certain information when we have a legal obligation or lawful basis to do so.

 

Disclosure of Your Personal Data 

Business Transactions 

If the Company is involved in a merger, acquisition or asset sale, Your Personal Data may be transferred. We will provide notice before Your Personal Data is transferred and becomes subject to a different Privacy Policy.

 

Law enforcement 

Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

 

Other legal requirements 

The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:

 

  • Comply with a legal obligation
  • Protect and defend the rights or property of the Company
  • Prevent or investigate possible wrongdoing in connection with the Service
  • Protect the personal safety of Users of the Service or the public
  • Protect against legal liability

 

Security of Your Personal Data 

The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.

 

Children's Privacy 

Our Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, We take steps to remove that information from Our servers.

 

If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent's consent before We collect and use that information.

 

Links to Other Websites 

Our Service may contain links to other websites that are not operated by Us. If You click on a third party link, You will be directed to that third party's site. We strongly advise You to review the Privacy Policy of every site You visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

 

Changes to this Privacy Policy 

We may update Our Privacy Policy from time to time. We will notify You of any changes by posting the new Privacy Policy on this page.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

 

Contact Us 

If you have any questions about this Privacy Policy, You can contact us:

  • By email: info@shopmor.co.za
  • By visiting this page on our website

 

  1. COPYRIGHT INFRINGEMENTS

We respect the intellectual property rights of others. If you believe that any material available on or through the services infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a NOTIFICATION). A copy of your notification will be sent to the person who posted or stored the material addressed in the notification.  Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a notification. Thus if you are not sure that material located on or linked to by the services infringes your copyright, you should consider first contacting an attorney.

 

  1.  TERMS AND TERMINATION

These legal terms shall remain in full force and effected while you use the service.

Without limiting any other provision of these legal terms we reserve the right to in our sole discretion and without notice or liability, deny access to and use of the services (including blocking certain IP addresses) TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNTY AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING IN OUR SOLE DISCRETION.

 

If we terminate or suspend your account for any reason you are prohibited from registration and creating a new account under your name, a fake or borrowed name of any third –party even if you may be acting on behalf of the third party, in addition to terminating or suspending your account we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal and injunctive redress.

 

  1. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify or remove the contents of the services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our services. We also reserve the right to modify or discontinue all or part of the services without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension or discontinuance of the services.

We cannot guarantee the service will be available at all times. We may experience hardware, software or other problems or need to perform maintenances related to the services resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue or otherwise modify the services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss , damage or inconvenience caused by your inability to access or use the service during any downtime or discontinuance of the services. Nothing in these legal terms will be constructed to obligate us to maintain and support the services or to supply any corrections, update or release in connection therewith.   

 

  1. GOVERNING LAW

These legal terms shall be governed by and defined following the laws of SA. Roll stone Investment (PTY) LTD T/A Shopmor and yourself, irrevocably consent that the courts of SA shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these legal terms.

 

  1. DISPUTE RESOLUTION

INFORMAL NEGOTIATIONS

To expedite resolution and control the cost of any dispute, controversy or claim related to these terms (each a dispute and collectively the disputes) brought by either you or us (INDIVIDUALLY A PARTY AND COLLECTIVELY THE PARTIES) the parties agree to first attempt to negotiate any dispute (except those disputes expressly provided below) informally for at least sixty (60) days before initiating arbitration. Such informal negotiations commence upon written notice from one party to the other party.

 

BINDING ARBITRATION

Any dispute arising out of or in connection with these legal terms, including any questions regarding its existence, validity or termination shall be referred to and finally resolved by Arbitration. The number of arbitrators shall be one (1). The seat or legal place of arbitration shall be Johannesburg, SA. The language of the proceedings shall be English. The governing law of these legal terms shall be substantive law of SA.

 

RESTRICTIONS

The parties agree that any arbitration shall be limited to the dispute between the parties individually. To the full extent permitted by law (a) no arbitration shall be joined with any other proceeding (b) there is no right or authority for any dispute to be arbitrated on a class – action basis or to utilise class action procedures and (c) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

 

EXCEPTIONS TO INFORMAL NEGOTIATIONS AND ARBITRATION

The parties agree that the following disputes are not subject to the above provisions concerning informal negotiations binding arbitration (a) any disputes seeking to enforce or protect or concerning the validity of any of the intellectual property rights of a party (b) any dispute related to or arising from allegations of theft, piracy, invasion of privacy or unauthorised use and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable and such dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above and the parties agree to submit to the personal jurisdiction of that court.

 

  1. CORRECTIONS

There may be information on the services that contains typographical errors, inaccuracies or omissions, including descriptions, pricing, availability and various other information. We reserve the right to correct any errors, inaccuracies or omissions and to change or update the information on the services at any time, without prior notice.

 

  1. DISCLAIMER

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK , TO THE FULLEST EXTENT PERMITTED BY LAW , WE DISCLAIM ALL WARRANTIES , EXPRESS OR IMPLIED , IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY , FITNESS FOR A PARTICULAR PURPOSE AND NON – INFRINGEMENT WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS , MISTAKES OR INACCURACIERS OF CONTENT AND MATERIALS (2) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER , RESULTING FROM YOUR ACCESSS TO AND USE OF THE SERVICES (3) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVICES AND OR ANY AND ALL PERSONAL INFORMATION AND OR FINANCIAL INFORMATION STORED THEREIN (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES (5) ANY BUGS , VIRUSES , TYROJAN HORSES OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED , TRANMITTED OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES ANY HYPERLINKED WEBSITE OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD – PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGEMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

 

  1. LIMITATIONS OF LIABILITY.

IN NO EVENT WILL WE OR OUR DIRECTORS , EMPLOYEES OR AGENTS BE LIABALE TO YOU OR ANY THIRD –PARTY FOR ANY DIRECT , INDIRECT , CONSEQUENTIAL , EXEMPLARY , INCIDENTAL , SPECIAL OR PUNITIVE DAMAGES INCLUDING LOST PROFIT , LOST REVENUE , LOSS OF DATA OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES , NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID IF ANY BY YOU TO US.  CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.

 

  1. INDEMNIFICATION

You agree to defend , indemnify and hold us harmless including our subsidiaries ,affiliates and all of our respective officers ,agents , partners and employees from and against any loss, damage , liability, claim or demands including reasonable attorney’s fees and expenses made by any third -party due to or arising out of (1) your contribution (2)use of the services (3) breach of these legal terms (4) any breach of your representations and warranties set forth in these legal terms (5) your violation of the rights of a third-party , including but not limited to intellectual property rights or (6) any  overt harmful act towards any other user of the services with whom you connected via the services ,notwithstanding the foregoing we reserve the right at your expense to assume the exclusive defence and control of any matter for which you are required to indemnify us and you agree to cooperate at your expense with our defence of such claims . We will use reasonable efforts to notify you of any such claims, actions or proceeding which is subject to this indemnification upon becoming aware of it.

 

  1. USER DATA

We will maintain certain data that you transmit to the services for the purpose of managing the performance of the services as well as data relating to your use of the services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the services. You agree that we shall have no liability to you for any loss or corruption of any such data and you hereby waive any right of action against us arising from any such loss or corruption of such data.

 

  1. ELECTRONIC COMMUNICATIONS, TRANSACTIONS AND SIGNATURES

Visiting the services sending us emails and completing online forms constitute electronic communication, you consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications we provide to you electronically via email and on the service satisfy any legal requirements that such communication be in writing.

YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICE, POLICIES AND RECORDS OF TRANSACTIONS INTIATED OR COMPLETED BY US OR VIA THE SERVICES.

You hereby waive any rights or requirements under any statutes ,regulations, rules , ordinances or other laws in any jurisdiction which requires an original signature or delivery or retention of non- electronic records or to payments or the granting of credit by any means other than electronic means .

 

  1. SMS TEXT MESSAGING 

OPTING OUT

If at any time you wish to stop receiving sms messages from us , simply reply to the text with STOP you may receive an sms message confirming your opt out .

 

MESSAGE AND DATA RATES

Please be aware that message and data rates may apply to any sms message sent or received. The rates are determined by your carrier and the specifics of your mobile plan.

 

  1. MISCELLANEOUS

These legal terms and any policies or operating rules posted by us on the services or in respect to the services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these legal terms shall not operate as a waiver of such right or provision. These legal terms operate to the fullest extent permissible by law, we may assign any or all of our rights and obligations to others at any time, we shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these legal terms is determined to be unlawful, void or unenforceable that provision or part of the provision is deemed severable from these legal terms and does not affect the validity and enforceability of any remaining provision. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these legal terms or use of the services. You agree that these legal terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defences you may have based on the electronic form of these legal terms and the lack of signing by the parties hereto to execute these legal terms.

 

 

  1. CONTACT US

In order to resolve a complaint regarding the service or to receive further information regarding use of the services, please contact us at:

 

Rollstone Investments ( PTY) LTD T/A Shopmor

5 Hunslett drive

Phoenix Industrial Park , kwazulu natal 4068

South Africa

Phone : + 27 ( 0 ) 641998776

info@shopmor.co.za