TERMS & CONDITIONS
TERMS OF SERVICE
Last updated: February 1, 2018
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE.
These Terms and Conditions (the “Terms”) are a legal contract between you and Moooka (Pty) Ltd. By using the website at Moooka.co.za, including purchasing products from this website, you signify your agreement to these terms.
It is your responsibility to review these terms and conditions periodically. We reserve the right to revise these terms and conditions at any time without notice to you. If you use this website after the revisions are made, you agree to such revisions. If you do not agree to these revised terms, please do not make use of this website.
We grant you a limited license to access and use this website for your personal use, and to copy, distribute, and transmit the content of this website only to the extent that such copying, distribution, and transmission is automatically done through your browser software incidentally to using this website for your personal use or for the purpose of purchasing Moooka products for resale if you are an authorized reseller of such products (“Authorized Reseller”). This license does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, or descriptions; any derivative use of this website or it’s contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or data gathering and extraction tools.
Except as permitted above, this website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent from Moooka (Pty) Ltd. You may not use any meta tags or any other “hidden text" utilizing Moooka’s name or trademarks without the express written consent of Moooka (Pty) Ltd. Any unauthorized use terminates the permission or license granted by Moooka (Pty) Ltd.
We reserve the right to change any information, features and functions of this website without prior notice. We reserve the right to stop supplying Moooka (Pty) Ltd products at any time at our absolute discretion. We may refuse service, terminate accounts and/or deny access to any or all parts of this website if you engage in any conduct or activities that we determine, in our sole discretion, violate these terms and conditions, our rights or the rights of any third party. Use of these websites for any illegal or unauthorized purpose is strictly prohibited.
2. NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of this website, you warrant to us that you will not use this website for any purpose that is unlawful or prohibited by these terms and conditions. You may not use this website in any manner, which could damage, disable, overburden, or impair this website or interfere with any other party’s use and enjoyment of this website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through this website.
3. NO MEDICAL ADVICE
The information contained on this website, or provided at your request, is provided for informational purposes only and is not intended to be medical or health care advice. We do not recommend any particular form of medical treatment or that persons manage their own health problems without the advice of a licensed health care practitioner. Information found or received through this website should not be used in place of a visit with, call to, consultation or advice from a health care practitioner.
4. PRODUCTS AND SERVICES
The products and services made available on this website is intended for personal use only. Resale of Moooka (Pty) Ltd products are strictly prohibited unless you have written authority from Moooka (Pty) Ltd and you are listed as one of our Authorized Resellers. Except in the case of Authorized Resellers, you may not assign, transfer, re-market, resell or otherwise dispose of, such products and services without obtaining Moooka (Pty) Ltd prior written consent. Moooka (Pty) Ltd and its suppliers may cancel or modify purchases on this website if it appears that they are the result of fraudulent or inappropriate activity, including those listed directly above in this section, or under other circumstances where it appears that the purchase contains or has resulted from a mistake or error. Other terms and conditions included on this website, including return and shipping policies, may apply to your purchase and are incorporated by reference herein. We may revise and discontinue products at any time. We reserve the right to limit order quantity at any time without notice. Prices and promotions are subject to change without notice.
5. BILLING AND PAYMENT
Terms of payment are within our sole discretion, and unless otherwise agreed to by us, payment must be received by us prior to our acceptance of an order. Payment for the products ordered through this website may be made through a valid credit card, debit card or other payment method offered through the website. Orders are not binding upon us, until accepted by us. We reserve the right to refuse and refund any order or part of any order placed on this website. Additional payment terms for Authorized Resellers (available on request).
Products are shipped from our warehouse. Separate charges for shipping and handling will be shown on the checkout page.
7. RETURN POLICIES
Unfortunately due to the nature of these products we are unable to accept returns or refunds, should there be a defect in the manufacture of the product please make contact with us in an effort to rectify the problem.
Some services on this website permit or require you to create an account to participate or to secure additional benefits. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes (the “Registration Data"). You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph. You are responsible for maintaining the confidentiality and security of that username and password, and are responsible for all activity on your account whether or not authorized.
9. ELECTRONIC COMMUNICATIONS
When you use the websites, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the websites. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
The technology underlying, and the entire contents of this website, including but not limited to text, graphics, images, audio clips, digital downloads, data compilation or code is copyrighted as a collective work under the South Africa and other copyright laws, and is the property of Moooka (Pty) Ltd, and is protected by copyright and other intellectual property or proprietary rights. The collective work includes works that are licensed to Moooka (Pty) Ltd. All rights reserved.
11. MOOOKA (PTY) LTD TRADEMARK GUIDELINES
Moooka (Pty) Ltd and other Moooka names and logos used on this website are owned by Moooka (Pty) Ltd. The Moooka (Pty) Ltd Trademarks are valuable assets of Moooka (Pty) Ltd and any unauthorized use of the Moooka (Pty) Ltd Trademarks is strictly prohibited.
You agree to indemnify, defend, and hold harmless the Moooka (Pty) Ltd parties (as defined below), and each of their officers, directors, employees, agents, licensors and suppliers from and against all losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions, or any activity related to use of this website (including negligent or wrongful conduct) by you or any other person accessing this website using your Internet account.
14. TYPOGRAPHICAL ERRORS
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, Moooka (Pty) Ltd shall have the right to refuse or cancel any orders placed for product listed at the incorrect price, whether or not the order has been confirmed and your credit card or debit card charged. If your credit card or debit card has already been charged for the purchase and your order is cancelled, Moooka (Pty) Ltd shall promptly issue a credit to you in the amount of the charge.