Terms of service

TERMS & CONDITIONSΒ 

This website and any mobile application (collectively, this β€œSite”) is owned byΒ CubeCoΒ South AfricaΒ (β€œWe”, β€œUs” or β€œCubeCo”). We are providing you with access to this Site and our online store (together, our β€œServices”) subject to the following terms and conditions.Β 

By browsing, accessing, using, registeringΒ forΒ or purchasing merchandise on this Site or otherwise using our Services, you are agreeing to all of the following terms and conditions, including any policies referred to herein (collectively, these β€œTerms”). So, please read these Terms carefully. We reserve the right to change this Site and these Terms at any time. If you are unwilling to be bound by these Termsβ€š you should not browse, accessβ€š useβ€š register for or purchase merchandise from the Site. These Terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.Β 

You represent and warrant that you are at least 18 years old or visiting this Site under the supervision of a parent or guardian.Β 

PRIVACY POLICYΒ 

Our Privacy Policy, which also governs your visit to Our Site, can be found here. Please review our Privacy Policy for information on how We collect,Β useΒ and share information about our users.Β 

USE OF THIS SITEΒ 

Subject to your compliance with these Termsβ€š We grant you a limitedβ€š non-exclusiveβ€š non-transferableβ€š non-sublicensable license to access and make personalβ€š non-commercial use of this Site unless clearly indicated in writing. This license grant does not include: (a) any resale or commercial use of this Site or content therein; (b) the collection and use of any product listings or descriptions; (c) making derivative uses of this Site and its contents; or (d) use of any data miningβ€š robotsβ€š or similar data gathering and extraction methods on this Site. You may not useβ€š frame or utilize framing techniques to enclose any of Our trademarkβ€š logoβ€š content or other proprietary information (including the images found at this Siteβ€š the content of any text or the layout/design of any page or form contained on a page) without Our express written consent. Furtherβ€š you may not use any meta tags or any other β€œhidden text” utilizing Our nameβ€š trademarkβ€š or product name without Our express written consent. Any breach of these Terms shall result in the immediate revocation of the license granted in this paragraph without notice to you.Β 

You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the homepage of this Site so long as the link does not portray Us or Our products or services in a false, misleading, derogatory, or otherwise offensive matter. This limited right may be revoked at any time. You may not use any of Our logos or other proprietary graphics or trademarks as part of the link without express written permission.Β 

ACCOUNTΒ 

In order to access some features of this Site you may be required toΒ registerΒ and you may be required to select a password and user name or account identification. If you registerβ€š you agree to provide Us with accurate and complete registration informationβ€š and to inform us immediately of any updates or other changes to such information.Β 

You are solely responsible for protecting the security and confidentiality of your password and account identification. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with these Terms, and We have no obligation to investigate the authorization or source of any such access or use of this Site. You will be solely responsible for all access toΒ and use of this site by anyone using your password and identificationΒ whether or notΒ such access to and use of this site is actually authorized by you, including without limitation, all communications and transmissions and all obligations (including without limitation financial obligations) incurred through such access or use.Β 

ELECTRONIC COMMUNICATIONΒ 

When you use this Site, or send emails 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 this Site or through our other services. You agree that all agreements, notices,Β disclosuresΒ and other communication that We provide to you electronically satisfy any legal requirements that such communications be in writing.Β 

USER CONTENTΒ 

This Site may include features and functionality (β€œInteractive Features”) that allows users to create, post, transmit or store any content, such as text, music, sound, photos, video,Β graphicsΒ or code on the Sites ("User Content"). User Content isΒ publicly-viewableΒ and may include your profile information and any content you post pursuant to your profile, but it does not include your account information or information you submit in order to make a purchase. You agree that you are solely responsible for your User Content and for your use of Interactive Features, and that your use any Interactive Features at your own risk.Β 

By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish or send through the Sites any of the following:Β 

  • User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, abusive, inflammatory, fraudulent or otherwiseΒ objectionable;Β 
  • User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or that would otherwise create liability or violate any local,Β province, state, national or internationalΒ law;Β 
  • User Content that displays, describes or encourages usage of any product We sell in a manner that could be offensive, inappropriate or harmful to Us or any user orΒ consumer;Β 
  • User Content that may impinge upon or violate the publicity, privacy or data protection rights of others, including pictures, videos, images or information about another individual where you have not obtained such individual'sΒ consent;Β 
  • User Content that makes false or misleading statements, claims or depictions about a person, company, product orΒ service;Β 
  • User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of anyΒ party;Β 
  • User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity; andΒ 
  • Viruses, malware of any kind, corrupted data or other harmful,Β disruptiveΒ or destructive files or code.Β 

RIGHTS IN USER CONTENTΒ 

Except as otherwise provided in these Terms, on this Site or in a separate agreement with Us,Β WeΒ claim no ownership or control over any User Content. However, by submitting or posting User Content on this Site, you grant to Us a nonexclusive, royalty-free, worldwide, perpetual, irrevocable, transferable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content on this Site and on third-party sites and mobile applications and in all other media or formats, whether currently known or hereafter developed, for anyΒ purpose and without any compensation to you. You also grant users of this Site the right to access your User Content in connection with their use of this Site.Β 

By posting User Content to this Site, you represent and warrant that (a) such User Content is non-confidential; (b) you own and control all of the rights, title and interest in and to the User Content or you otherwise have all necessary rights to post and use such User Content to this Site and to grant to Us the rights that you grant in these Terms; (c) the User Content is accurate and not misleading or harmful in any manner; and (d) the User Content, and your use and posting thereof in connection with this Site, do not and will not violate these Terms or any other of Our applicable terms, guidelines or policies or any applicable law, rule or regulation.Β 

FEEDBACKΒ 

Separate and apart from User Content, you may have the ability to submit questions, comments suggestions, reviews, ideas, plans, designs, notes, proposals, drawings, original or creative materials and other information regarding this Site, Us and our products or services (collectively "Feedback"). You agree that Feedback is non-confidential and shall become Our sole property. We shall own exclusive rights, including all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of the Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.Β 

RESTRICTIONS ON RIGHTS TO USEΒ 

You agree you shall not (and you agree not to allow any other individual or entity using your password and identification to):Β 

  • downloadβ€š modifyβ€š reproduceβ€š adaptβ€š translateβ€š reverse engineerβ€š create derivative works based uponβ€š publicly displayβ€š sellβ€š rentβ€š licenseβ€š or in any way commercially exploit any portion of this Siteβ€š except and to the extent expressly permitted under theseΒ Terms;Β 
  • remove any copyrightβ€š trademark or other proprietary rights notice contained in or on theΒ Site;Β 
  • use any robotβ€š spiderβ€š site search/retrieval applicationβ€š or other device to retrieve or index any portion of thisΒ Site;Β 
  • collect any information about other users (including usernames and/or email addresses) for any purpose other than to solicit and/or share reviews with otherΒ users;Β 
  • reformat or frame any portion of any Web pages that are part of thisΒ Site;Β 
  • create user accounts by automated means or under false or fraudulentΒ pretenses;Β 
  • create or transmit to other users unsolicited electronic communicationsβ€š such as β€œspamβ€šβ€ or otherwise interfere with other users’ enjoyment of theΒ Site;Β 
  • submit to this Site any content that falsely states or implies that such content is sponsored or endorsed byΒ us;Β 
  • transmit or upload to this Site any item containing or embodying any virusβ€š wormβ€š defectβ€š malwareβ€š Trojan horseβ€š software bomb or other feature designed to damage or degrade in any manner the performance of this Siteβ€š any other Web siteβ€š or any computer or other device or systemβ€š or the enjoyment of this Site by anyΒ user;Β 
  • use this Site to violate the security of or gain unauthorized access to any computer or computer network or other device or system (including unauthorized attempts to discover passwords or security encryption codes);Β 
  • submit to this Site any content that is unlawful or facilitatesβ€š constitutesβ€š promotes or encourages illegal activity; or otherwise use the Site to transfer or store illegal materialβ€š including any material deemed threatening orΒ obscene;Β 
  • copy or store any User Content offered on this Site other than for your personalβ€š non-commercialΒ use;Β 
  • take any action that imposesβ€š or may imposeβ€š in our sole discretionβ€š an unreasonable or disproportionately large data or traffic load on this Site or the IT infrastructure used to operate and make this Site available; orΒ 
  • use this Site and/ or any User Contentβ€š intentionally or unintentionallyβ€š to violate any applicable localβ€šΒ provincial,Β stateβ€šΒ nationalΒ or international law.Β 

We have no obligation to monitor any user conduct on this Site, and We reserve the right and have absolute discretion to monitor any user conduct on this Site at any time and for any reason without notice.Β 

OWNERSHIPΒ 

As between you and Usβ€š this Siteβ€š including all photographsβ€š imagesβ€š textβ€š graphicsβ€š iconsβ€š audio clipsβ€š softwareβ€š source code and other aspects thereof (excluding User Content)β€š all improvements or modifications thereofβ€š all derivative works based thereonβ€š and the collectionβ€š arrangementβ€š and assembly of this Site (collectively, the β€œSite Content”)β€š including all copyrightsβ€š trademarksβ€š and other intellectual property or proprietary rights in the foregoingβ€š are owned by Us or our licensors and protected by applicable copyright laws.Β 

The use of any of Our trademarks or service marks without our express written consent is strictly prohibited. You may not use our trademarks or service marks in connection with any product or service in any way that is likely to cause confusion. You may not use our trademarks or service marks in any manner that disparages or discredits us. You may not use any of our trademarks or service marks in meta tags without prior explicit consent. Nothing in these Terms shall be deemed to grant to you or any other user any license or right in or to any of Our patentsβ€š copyrightsβ€š trademarksβ€š trade secrets or other proprietary rights.Β 

PURCHASES ON THIS SITEΒ 

You agree thatΒ all ofΒ your transactions with or through this Site may, at Our option, be conducted electronically from start to finish. If We decide to proceed non-electronically, those transactions will still be governed by the remainder of these Terms unless youΒ enter intoΒ different terms provided by us. You are responsible to print or make an electronic a copy of these Terms and any other contract or disclosure that we are required to provide to you.Β 

When We ship to you or per your directions to another person, you agree to pay anyΒ applicableΒ shipping and any handling charges shown on this Site when your order is placed. We reserve the right to increase, decrease and add or eliminate charges from time to time and without prior notice, so you agree to check all charges before placing an order or signing up for a service. Any shipping or handling charges may or may not reflect actual costs.Β 

Only valid credit cards or other payment method acceptable to us may be used. By submitting your order, you represent and warrant that you are authorized to use the designated card or method and authorize us to charge your order (including shipping, handling and any other amounts described on the Sites) to that card or other method. If the card (or other method) cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically.Β 

All returns are governed by our Returns, Refunds, and Exchanges Policies which can be foundΒ here.Β 

We attempt to be as accurate as possible and eliminate errors on this Site; however,Β WeΒ do not warrant that any product, service, description, photograph, pricing or other information is accurate, complete, reliable, current or error-free. In the event of an error, whether on this Site, in an order confirmation, in processing anΒ order, delivering a product or service or otherwise,Β WeΒ reserve the right to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged. Your sole remedy in the event of such error is to cancel your order and obtain a refund. To explore the possibility of other resolutions, please contactΒ info@cubeco.co.za.

All items are subject toΒ availabilityΒ and We reserve the right to impose quantity limits on any order, to reject all or part of an order and to discontinue products or services without notice, even if you have already placed your order. All prices are subject to change without notice.Β  We reserve the right to refuse or cancel any orders placed for products and/or services which the sale or use of such product and/or serviceΒ in your state or jurisdictionΒ is restricted or prohibited.Β 

LINKSΒ 

This Site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that We are not responsible for the operationΒ ofΒ or content located on or through any such site.Β 

TERMINATIONΒ 

You may terminate the Terms at any time by closing your account and discontinuing your use of this Site. We reserve the right, without notice and in our sole discretion, to terminate your right to use this Site, or any portion of this Site, and to block or prevent your future access to and use of this Site or any portion of this Site.Β 

INDEMNIFICATIONΒ 

To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless Us and our subsidiaries and affiliates, and our respective officers, directors, agents, partners, members, employees, independent contractors, service providers and consultants ("Our Related Parties"), from and against any claims, damages, costs, liabilities and expenses (collectively, "Claims") arising out of or related to (a) your access to and use or misuse of this Site; (b) any User Content you post, upload, use, distribute, store or otherwise transmit on or through this Site; (c) any Feedback that you provide; (d) your violation of these Terms; and (e) your violation of any rights of another. You agree to promptly notify Us of anyΒ third partyΒ Claims, cooperate with Us in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including but not limited to attorneys' fees). You further agree that the We shall have the right to control of the defense or settlement of anyΒ third partyΒ Claims.Β 

DISCLAIMERSΒ 

Except as expressly provided, this Site, including all Site Content, and services provided on or in connection with this Site are provided on an "as is" and "with all faults" basis without representations,Β warrantiesΒ or conditions of any kind, either express or implied. We disclaim all other representations, warranties,Β conditionsΒ and duties, express, implied or statutory, including but not limited to implied warranties, duties or conditions: (a) of merchantability, fitness for a particular purpose or use, results, title, and non-infringement; and (b) created by trade usage, course of dealing or course of performance. We do not represent or warrant that this Site is accurate, complete, reliable,Β currentΒ or error-free. We do not represent or warrant that this Site or our servers are free of viruses or other harmful components.Β 

EXCLUSIVITY OF REMEDY; LIMITATION OF LIABILITYΒ 

Your sole and exclusive remedy, andΒ OurΒ sole and exclusive liability, for any breach of warranty shall be your right to return the product, or receive a refund for the service under Our applicable returns and exchanges policies. In no event shall We or Our Related Parties be liable for special, indirect, incidental, or consequential damages, including lost profits or loss of business, even if We or Our Related Parties have been advised of the possibility of such damages, nor shall Our and Our Related Parties’ aggregate liability, whether in contract,Β warranty, tort/delictΒ (including negligence, whether active, passive or imputed), or other theory, arising out of or relating to these terms or the purchase or the use of any products or services purchased through this site exceed the purchase price of the product or service. Because someΒ states orΒ jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. The limitations set forth in this paragraph will not limit or exclude Our or Our Related Parties’ gross negligence, fraud, intentional, willful,Β maliciousΒ or reckless misconduct.Β 

REMEDIESΒ 

You agree that our remedy at law for any actual or threatened breach of these Terms would be inadequate and that we shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that we may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys' fees.Β 

No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys'Β feesΒ and expenses.Β 

MODIFICATIONS TO SITEΒ 

We reserve the right to modify or discontinue, temporarily or permanently, this Site or any features or portions thereof without prior notice.Β 

SEVERABILITYΒ 

If any these provisions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed several and shall not affect the validity and enforceability of any remaining provision.Β 

NO THIRD-PARTY BENEFICIARIESΒ 

These Terms are for the benefit of, and will be enforceable by, the parties only. These Terms are not intended to confer any right or benefit on any third party or to create any obligations or liability of a party to any such third party.Β 

GOVERNING LAWΒ 

These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws ofΒ South Africa.

MISCELLANEOUSΒ 

No agencyβ€š partnershipβ€š joint ventureβ€š or employment relationship is createdΒ as a result ofΒ these Termsβ€š and you do not have any authority of any kind to bind Us in any respect whatsoever. We may provide you with noticesβ€š including those regarding changes to these Termsβ€š by emailβ€š regular mailβ€š or postings on this Site. These Terms, which shall be deemed accepted by you upon your use of the Siteβ€š constitute the entire agreement among you and Us regarding use of this Site. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of the enforcement of such right or provision. If any provision of these Terms is found to be unenforceable or invalidβ€š that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable. These Terms are not assignableβ€š transferable or sublicensable by youβ€š except with our prior written consent. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party. These Terms include and incorporate by reference Our Privacy Policy, which can be foundΒ hereΒ and any notices regarding the Site.Β 

QUESTIONSΒ 

Questions regarding these Terms, Our Privacy Policy, or other policy related material can be directed to our support staff by emailing us at:Β info@cubeco.co.za.