WEBSITE POLICIES AND DISCLAIMERS

 

1. INTRODUCTION

IMPORTANT: We specifically draw your attention to the following provisions which are required to be read and agreed to prior to concluding any transaction or interacting in whatsoever way with SCOOD.

• These RETURNS AND EXCHANGES POLICY as contained on our Website; and
• Our PRIVACY POLICY as contained on our Website.
• Nothing herein contained shall limit or exempt any supplier of goods or services from liability for any loss directly or indirectly attributable to the gross negligence of the supplier or any person acting for or controlled by the supplier, as envisaged in Section 51(1)(c)(i) of the Consumer Protection Act 68 of 2008 (“Consumer Protection Act”).
• Nothing herein contained shall limit or exempt a producer, importer, distributor or retailer from liability for harm or damage caused by the goods, as envisaged in Section 61 of the Consumer Protection Act.
• If any of our Standard Terms and Conditions conflict with the provisions of the Consumer Protection Act, the latter shall prevail.
• These Terms and Conditions must be read with our RETURNS AND EXCHANGES POLICY and PRIVACY POLICY.

 

2. SCOOD WEBSITE

• This website can be accessed by downloading the software application (from the Google Playstore or Apple Store or via a website portal (“the Website”) and is owned and operated by SCOOD (Proprietary) Limited (Registration Number 2022/731642/07) (referred to as “SCOOD”, “we”, “us” and “our”). Our on-line store is hosted on XNEELO, who provide us with the online e-commerce platform that allows us to sell our goods and services to you.
• These Website Terms and Conditions, including all information, tools and services available thereon (“Terms and Conditions”) govern the ordering, sale and delivery of goods and services and the use of this Website.
• These Terms and Conditions are binding and enforceable against every person that accesses or uses this Website (referred to as “you”, “your” or “user”), including, without limitation, each user who registers as contemplated below (“registered user”). By using the Website and clicking on the “Register Now’ icon on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these Term and Conditions and confirms your acceptance of all the terms, conditions, policies and notices included herein and/or available by hyperlink. These Terms and Conditions apply to all users of the site, including but not limited to, users who are browsers, vendors, registered users, third party sellers, merchants and/ or contributors of content.
• The website enables you to shop online for an extensive range of products and goods (“Goods”) and services (“Services”)
• When you use our Website, notwithstanding your geographic location, you do so in accordance with these Terms and Conditions and provided that any delivery address, including for return collections, is a delivery address within the borders of the Republic of South Africa.
• SCOOD allows third party sellers to list and sell their Goods and Services on the Website (each of which is referred to as a “Third Party Seller”). Certain terms and conditions only apply to purchases from Third Party Sellers and others apply to purchases from SCOOD. This will be clearly indicated upon conclusion of the transaction in the relevant clause.
• Any new features or tools which are added to the current store shall also be subject to the Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on the Website. SCOOD reserves the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

 

3. GOODS AND SERVICES

Certain Goods and Services may be available exclusively online through the Website. These Goods or Services may have limited quantities and are subject to return or exchange only according to our Refund and Return Policy.

• SCOOD has made every effort to display as accurately as possible the colours and images of the Goods sold on our Website. SCOOD cannot guarantee that your computer monitor’s display of any colour will be accurate.
• SCOOD reserves the right to limit the sales of any Goods or Services to any person, geographic region or jurisdiction. SCOOD may exercise this right on a case-by-case discretionary basis. SCOOD reserves the right to limit the quantities of any Goods or Services that are offered by it on its Website. All descriptions of Goods and Services, including pricing are subject to change at any time without notice, at the sole discretion of SCOOD. SCOOD reserves the right to discontinue any of the Goods and Services at any time. Any offer for any Goods and Services made on this site shall be void should such Goods and Services be prohibited.
• SCOOD does not warrant that the quality of any Goods and Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

 

4. CONSUMER PROTECTION ACT, 68 of 2008 (the “CPA”)

These Terms and Conditions apply to users who are consumers for the purposes of the CPA and which may:-

• • limit the risk or liability of SCOOD or a Third Party Seller; and/or
  • create a risk or liability for the user; and/or
  • compel the user to indemnify SCOOD or a Third Party Seller; and/or
  • serve as an acknowledgment by the user of a certain fact or facts.
• SCOOD permits access to and the use of the Website subject to the Terms and Conditions. By using the Website in any manner whatsoever, you shall be deemed to have accepted all the Terms and Conditions unconditionally.
• Please read these Terms and Conditions carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms and Conditions. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these Terms and Conditions are considered an offer, acceptance is expressly limited to these Terms and Conditions.
• You must not use this Website if you do not agree to the Terms and Conditions. It is your responsibility to request clarification from SCOOD regarding any queries you may have or any provisions of the Terms and Conditions that you do not understand before you accept the Terms and Conditions of the Website and continue to make use thereof.
• Nothing contained in these Terms and Conditions is intended or should be construed to unlawfully restrict, limit or avoid any right or obligation, whichever may be applicable, specified for either you or SCOOD in terms of the CPA.

 

5. REGISTRATION AND USE OF THE WEBSITE

In order to register as a user, you will be required to provide a unique username and password, together with personal information and certain other information to SCOOD to complete the registration process. Only registered users may order Goods and Services on the Website.

• You are responsible for giving correct information and instructions when registering with SCOOD and when conducting transactions with SCOOD via the Website. You are also responsible for providing Us with your or your business’ most up-to-date contact details and as amended from time to time.
• You agree and warrant that your username and password shall be for your personal use only and shall not be disclosed to any third party.
• By making use of the Website, you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. Any person under the age of 18 (eighteen) or with diminished legal capacity is not legally permitted to enter into a binding agreement and may only use the Website with the involvement of your parent or legal guardian, who then gives his/ her consent and agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.
• In the event that you enter your incorrect username and password to access the Website, access thereto shall be denied. Once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, you will be liable for payment of such order, save where the order is cancelled by you in accordance with these Terms and Conditions.
• You agree that you will not in any way use any device , software or other instrument to interfere or attempt to interfere with the proper working of the Website and shall not in any way use any robot, spider, other automatic device or manual process to monitor, copy, distribute or modify the Website or the information contained thereon, without the prior written consent from an authorised SCOOD representative (such consent deemed to have been given for standard search engine technology employed by internet search websites to direct internet users to the SCOOD Website).
• You are required to immediately notify SCOOD upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm.
• You are not permitted in any manner whatsoever, to display, publish, copy, print, post or otherwise use the Website and any of the information contained therein without the express prior written consent of an authorised SCOOD representative in each and every instance, unless specified otherwise by the SCOOD representative.
• You are not permitted to utilise the Website to distribute any material which is defamatory, offensive, contains wording tantamount to hate speech or is otherwise unlawful.
• A breach or violation of any of these Terms and Conditions will result in an immediate termination of your used of the Website.
• SCOOD reserves the right to refuse service to anyone for any reason at any time.
• You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Website, use of the Website, or access to the Website or any contact on the Website through which the service is provided, without express written permission from SCOOD.

 

6. PROHIBITED USES

In addition to other prohibitions as set forth in these Terms and Conditions, registered users are prohibited from using the site or its content:

• • for any unlawful purpose;
  • to solicit any other person or persons to perform or participate in any unlawful acts;
  • to violate any international or national laws, provincial or statutory regulations and rules, by-laws or local ordinances;
  • to infringe upon or violate SCOOD’s intellectual property rights or the intellectual property rights of any other third parties;
  • to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
  • to submit false or misleading information;
  • to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website or of any related website or the Internet;
  • to collect or track the personal information of others;
  • to spam, phish, pharm, pretext, spider, crawl, or scrape;
  • for any obscene or immoral purpose; or
  • to interfere with or circumvent the security features of the Website or any related website or the Internet. We reserve the right to terminate your use of the Website or any related website for violating any of the prohibited uses.

 

7. CONCLUSION OF SALES AND AVAILABLE STOCK

Registered users may place orders for Goods and Services, which SCOOD may accept or reject depending on availability of stock of the Goods and Services, correctness of the information relating to the Goods and Services (including, but not limited to, the price) and receipt of payment or payment authorisation by SCOOD for the Goods.

• An agreement of Sale (the “Sale”) will only come into effect when SCOOD indicates acceptance of your order by delivering the Goods to you, irrespective of any communications received from SCOOD that your order or payment has been confirmed. SCOOD will advise you of the rejection of your order by cancelling the order and as soon as possible thereafter, effecting a refund to you in respect of any amount already paid.
• Stock of Goods and Services on offer is limited and pricing may change at any time without notice to you. In the case of Goods sold by SCOOD, SCOOD will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that such Goods are removed from the Website if such product is discontinued or indicate that such product is temporarily out of stock, SCOOD cannot guarantee availability of stock.
• In the case of Goods listed on the Website for sale, SCOOD relies on the inventory information supplied by the relevant Third Party Seller and accordingly bears no liability whatsoever for any inaccuracies regarding the information supplied to it. In the event that you order any Goods from a Third Party Seller which are not subject to availability, any resulting dispute is required to be resolved between you and the relevant Third Party Seller.
• Certain Goods may not be purchased for re-sale and should we suspect that any such Goods are being purchased for re-sale, we are entitled to cancel your order immediately on notice to you.

 

8. THIRD PARTY SELLERS

SCOOD provides a platform to facilitate transactions between registered Third Party Sellers and registered users.

• The sale concluded on acceptance of the registered user’s order (in accordance with clause 5.2 above) for Goods that are for sale by a Third Party Seller is facilitated solely between the registered user and SCOOD and the Third Party Seller is not a party to that sale, other than to facilitate any returns or exchanges.
• SCOOD is solely responsible for fulfilment of the delivery of the Goods to the registered user from the Third Party Seller and to provide an invoice for the transaction if so required. Not all Third Party Sellers are registered Value-Added Tax (VAT) vendors and as such, only those Third Party Sellers who are VAT registered may charge VAT on the Goods sold.
• SCOOD wants the registered user to have a consistent and safe experience with regards to any online purchases via their Website and accordingly, SCOOD will handle any permissible returns under the CPA or the Electronic Communications and Transactions Act 2002 (“ECT Act”), by the registered user arising out of or in accordance with SCOOD’s own Returns Policy. Should such refund claim escalate into a dispute, although SCOOD is entitled to become involved, in an attempt to resolve it, SCOOD is not obliged to do so and any disputes must be resolved between the registered user and the Third Party Seller.

 

9. SALE OF LIQUOR

It is an offence in terms of South African liquor legislation:

• • for any person under the age of 18 years to purchase, or attempt to purchase, liquor and/or to present false evidence of his/her age in order to purchase liquor; and/or
  • to purchase liquor for or on behalf of someone under the age of 18 years.
• SCOOD is committed to complying with all applicable liquor legislation and therefor will only:
  • sell liquor to you if you are of or above the age of 18 years; and
  • deliver liquor to the address chosen by you if the liquor is received at such address by a person of or above the age of 18 years.
• SCOOD has implemented precautionary measures to ensure that it does not sell, supply and/or deliver liquor to persons under the age of 18 years, which shall include, but not be limited to:
  • indicating on the liquor product page on the Website that all liquor products are not for sale for persons under the age of 18 years;
  • verifying the registered users date of birth / identity number when purchasing or attempting to purchase liquor through the Website;
  • verifying the age of the person receiving delivery of the liquor by requesting such person to furnish his/her identity document, passport or driver’s licence.
• SCOOD may in its sole discretion refuse to sell or deliver liquor to any person if:
  • such person refuses to provide his/her date of birth or identity number for the purposes of verifying his/her name; and
  • it appears that the registered user has provided false information or evidence of his/her age in order to purchase liquor.
• SCOOD is not licenced to sell liquor for resale and a registered user may accordingly not purchase liquor from SCOOD for the purposes of reselling it. SCOOD will not sell liquor exceeding a total of 150 litres to any one registered user in a single day. SCOOD is entitled to cancel or not to process any order for liquor which it suspects will be resold, in addition to any other remedy that it may have under these Terms and Conditions or at law.
• By purchasing or attempting to purchase liquor from SCOOD, you acknowledge and agree to these Terms and Conditions and agree to provide SCOOD with truthful and accurate information and to comply with the applicable liquor legislation.

 

 

10. VAPING PRODUCTS

When purchasing certain vaping Goodson the Website, the registered user may be required to verify his/her age and to provide his/her Identity Document upon receipt of delivery of the vaping Goods.

 

 

11. PAYMENT

11.1     SCOOD is committed to providing secure online payment facilities in terms of which all transactions are encrypted using the appropriate encryption technology which is facilitated through PEACH. You understand that your content (not including credit card information), may be transferred unencrypted and involve:

9.1.1    transmissions over various networks; and

9.1.2    changes to conform and adapt to technical requirements of connecting networks or devices.

• Credit card information is always encrypted during transfer over networks.
• Payment may be made for Goods via the following methods:
  • Debit Card – where payment is effected by debit card, we may require additional information in order to authorise and verify the validity of the payment. Delivery shall be withheld until such time as the additional information has been received and authorisation has been obtained from the relevant financial institution for the payment. In the event that authorisation is not received your order for the Goods will be cancelled. You warrant that you are fully authorised to use the debit card supplied for purposes of paying for the Goods ordered and that your debit card has sufficient funds to cover all the costs incurred as a result of ordering the Goods ordered on the Website;
  • Credit Card – where payment is effected by credit card, we may require additional information in order to authorise and verify the validity of the payment. Delivery shall be withheld until such time as the additional information has been received and authorisation has been obtained from the relevant financial institution for the payment. In the event that authorisation is not received your order for the Goods will be cancelled. You warrant that you are fully authorised to use the credit card supplied for purposes of paying for the Goods ordered and that your credit card has sufficient funds to cover all the costs incurred as a result of ordering the Goods ordered on the Website;
  • Instant Electronic Fund Transfer (EFT);
  • Direct bank deposit or EFT – if you pay via direct bank deposit or EFT, payment must be received within 5 (five) days of placing your order failing which your order will be rejected.
• Once you have selected your payment method, you will be directed to a link to a secure site for payment of the purchase price for the Goods ordered by you.

 

• ACCURACY OF BILLING AND ACCOUNT INFORMATION

SCOOD reserve the right to refuse any order you place with us. SCOOD may, in its sole discretion, limit or cancel quantities purchased per registered user, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that SCOOD makes a change to or cancels an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. SCOOD reserves the right to limit or prohibit orders that, in its sole judgment, appear to be placed by dealers, resellers or distributors.

• You agree to provide current, complete and accurate purchase and account information for all purchases made on our Website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
• Kindly review our Refund and Returns Policy for further information.

 

 

• DELIVERY OF GOODS

Once your order has been accepted, SCOOD will deliver the Goods or Services to you as soon as is reasonably possible but no later than 30 (thirty) days after receipt of your payment (“Delivery Period”). SCOOD will notify you if it is unable to deliver the Goods during the Delivery Period and then you may elect, within 7 (seven) days of receiving such notification whether or not to cancel your order for the Goods. Should you elect to cancel your order, you will be reimbursed for the purchase price.

• SCOOD’s obligation to deliver Goods ordered by you is fulfilled upon delivery of the Goods to the physical address nominated by you for delivery of the order. SCOOD shall under no circumstances be responsible for any loss or unauthorised use of a product after it has been delivered to the physical address nominated by the registered user.
• The Third Party Seller may elect to make use of a courier service to deliver the Goods or Services ordered on the SCOOD website.  The Third Party Seller shall consider any form of delivery note as sufficient proof of delivery of the goods to the registered user. The Third Party Seller may in its sole discretion arrange multiple deliveries of the Goods or Services to the address provided at time of order.   The risk of damage, destruction and of profit and loss shall pass to the registered user on delivery by the Third Party seller and or by its elected courier service, to the address provided at time of order on the Website.  It is the responsibility of the registered user to inspect the Goods and Services on receipt of delivery and notify SCOOD within 2 (two) business days from date of receipt of any damages, defects, and discrepancies.
• Delivery times of goods ordered are typically 2 – 5 business days, however, this may vary depending on geographical location and factors beyond the control of SCOOD.  In outlying or high-risk areas delivery times may be extended by up to an additional three (3) business days and may attract additional delivery costs.  Delivery time estimates are only provided for orders where the delivery address is within South Africa. For delivery information and costs outside the borders of South Africa, please email support@scoodhub.co.za with contact details and one of our representatives will be in contact with you.
• You will be responsible for paying for your own shipping costs and insurance for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.
• Depending on your location, the time it may take for your exchanged product to reach you, may vary.
• If you are shipping any Goods over the value of R200 to SCOOD, you should consider using a trackable shipping / courier service or purchasing insurance for the replacement value of the Goods. SCOOD cannot issue any guarantees that it will receive your returned Goods.

 

ACCURACY, COMPLETENESS, ERRORS AND TIMELINESS OF INFORMATION

SCOOD shall not be responsible if information made available on this Website is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

• This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
• SCOOD shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Goods and Services on the Website. SCOOD shall not be liable should there be any errors of whatsoever nature on the Website (other than errors occasioned by gross negligence) and shall further not be liable for any loss, claim or expense relating to a transaction based on any error, except in the case of any incorrect purchase price, to the extent of refunding the registered user for any amount already paid or otherwise set out in the Returns Policy
• SCOOD shall not be bound by any incorrect information regarding our Goods and Services and Services displayed on any third party website.
• Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. SCOOD reserves the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
• SCOOD undertakes no obligation to update, amend or clarify information on its Website or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website on any related website, should be taken to indicate that all information on the Website or on any related website has been modified or updated.

  

• ONLINE TOOLS AND LINKING TO THIRD PARTY WEBSITES

SCOOD may provide the registered user with access to third-party tools over which SCOOD has no ability to monitor nor have any control nor input thereto.

• The registered user acknowledges and agrees that SCOOD provides access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. SCOOD shall have no liability whatsoever arising from or relating to the registered user’s use of optional third-party tools.
• Any use by the registered user of optional tools facilitated through the Website are utilised entirely at the registered user’s own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
• SCOOD may also, in the future, offer new Goods or Services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms and Conditions.
• Certain content, products and services available via our Service may include materials from third parties. Third party links on this Website may direct you to Third Party Websites that are not affiliated with SCOOD. SCOOD is not responsible for examining or evaluating the content or accuracy and do not warrant and will not have any liability or responsibility for any third party materials or websites, or for any other materials, products, or services of third parties.
• This Website may contain links or references to the Third Party Sellers’ websites (Third Party Websites), including those of advertisers, which are beyond our control. These Terms and Conditions do not apply in any manner whatsoever to those Third Party Websites and SCOOD is not responsible for the privacy policies or other practices associated with those Third Party Websites or the cookies that those sites may use.
• Notwithstanding the fact that the SCOOD Website may refer to or provide links to other Third Party Websites, your use of such Websites is entirely at your own risk and SCOOD shall not be liable for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third Party Websites and/or your reliance on any information contained thereon. SCOOD is not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any Third Party Websites. The registered user is advised to carefully review the third party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

 

• CHANGES TO THESE TERMS AND CONDITIONS

SCOOD reserves the right, its sole discretion, to effect amendments or changes to these Terms and Conditions at any time. It is the registered user’s responsibility to regularly check these Terms and Conditions from time to time and ensure that you have familiarised yourself with the amendments / changes. Should the registered user be dissatisfied with the amended Terms and Conditions, no further Goods should be ordered via SCOOD and the registered user should not make any further use of the Website.

• If the registered user makes use of the Website after such amendments and changes a have been displayed on the Website, then the registered user is deemed to have accepted such changes.
• Prices for our products are subject to change without notice.
• SCOOD reserves the right at any time to modify or discontinue any of the Goods or Services (or any part or content thereof) without notice at any time.
• SCOOD shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Goods and Services.

 

17       PRIVACY POLICY

SCOOD respects the registered users’ privacy and will take all reasonable measures to protect it, which measures are more fully detailed in our Privacy Policy, which is incorporated by reference.

 

18       ELECTRONIC COMMUNICATIONS

When the registered user makes use of the Website or sends electronic communications via email, the registered user consents to receiving communications from SCOOD or any of its divisions, affiliates or partners electronically in accordance with the PRIVACY POLICY as set out in Clause 12 above.

 

19       USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

19.1     If, at the request of SCOOD, you send certain specific submissions (for example contest entries) or should you send unsolicited creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by post or any any other manner (“Comment”), you agree that SCOOD may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comment that you submitted to SCOOD. SCOOD shall be under no obligation whatsoever:

19.1.1       to maintain any Comment confidential;

19.1.2       to pay compensation or remuneration for any Comment; and

19.1.3       to respond to any Comment.

19.2     SCOOD may, but shall not be obliged in any manner whatsoever, to monitor, edit or remove content that SCOOD determines in its sole discretion as unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or which violate any party’s intellectual property or these Terms and Conditions.

19.3     You agree that no Comment will violate any right of any third party, including any copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Comment will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Website or any related website. You may not use a false e-mail address, assume a false identity or otherwise attempt to mislead SCOOD or any third party as to the origin of any Comment. You shall be deemed solely responsible for any Comment made by you and the accuracy thereof. Under no circumstances, will SCOOD assume any responsibility and/or liability for any Comment posted by you or any third party.

 

20       DISCLAIMER

20.1     The use of the SCOOD Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from the use of the Website or reliance on any information on the Website. SCOOD disclaims liability for any damage, loss or expense, whether direct or indirect or consequential in nature, arising out of or in connection with your access to or use of the Website and/or any content therein unless otherwise provided by law.

20.2    Whilst SCOOD will take reasonable measures to ensure that the content of the Website is accurate and complete, SCOOD makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website. SCOOD does not guarantee, represent or warrant that your use of our Website will be uninterrupted, timely, secure or error-free nor that the results that may be obtained from the use of the Website will be accurate or reliable. If any such representations or warranties are made by a SCOOD representative, SCOOD shall not be bound thereby.

20.3     You agree that from time to time we may remove the Website for indefinite periods of time or cancel the Website at any time, without notice to you.

20.4     Although Goods and Services sold from the Website may, under certain specifically defined circumstances, be under warranty, the Website itself and all information provided on the Website is provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including but not limited to all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement as may be allowed in law.

20.5     Under no circumstances shall SCOOD, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract or common law (including negligence), strict liability or otherwise, arising from your use of any of the Website or any Goods or Services procured using the Website, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

20.6     Any views or statements made or expressed on the Website are not necessarily the views of SCOOD, its directors, employees or agents.

20.7     In addition to the disclaimers contained elsewhere in these Terms and Conditions, SCOOD also makes no warranty or representation. Whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security, functionality or content of your computer system, computer network, any handset or mobile device, or your hardware or software, save where in such risks arise due to the gross negligence or wilful misconduct of SCOOD, its employees, agents or authorised representatives. SCOOD therefor disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in connection with your access to or use of the Website.

 

21       AVAILABILTY AND TERMINATION

21.1     SCOOD will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods and shall be entitled to discontinue providing the Website or any part thereof with or without notice to you.

21.2     SCOOD may in its sole discretion modify, suspend or terminate this Website, with or without notice to the registered user. In the event that SCOOD chooses to modify, suspend or terminate this Website, SCOOD shall not be liable to the registered user other than for processing any orders successfully concluded prior to such time, to the extent possible.

21.3     Should the registered user fail to comply with his/her obligations under these Terms and Conditions, including any incident involving payment of the purchase price for any Goods or Services ordered, this may (in the sole discretion of SCOOD and with or without any notice to such registered user) result in a suspension and/or termination of the registered user’s access to the Website without prejudice to any claims for damages or otherwise that SCOOD may have against the registered user.

21.4     SCOOD is entitled, for the purposes of preventing suspected fraud and/or where it suspects that a registered user is abusing the Website and/or has created multiple user profiles to take advantage of a promotion intended by SCOOD to be used once-off by the registered user, to blacklist the user on its database (including suspending or terminating the registered user’s access to the Website), refuse to accept or process any payment on any order, and/or to cancel any order concluded between the registered user and SCOOD, in whole or in part, on notice to the registered user. SCOOD shall only be liable to refund monies already paid by the registered user (see SCOOD’s Returns Policy in this regard) and accepts no other liability which may arise as a result of such blacklisting and/or refusal to process any order.

21.5     The registered user may choose, at any time to stop using the Website, with or without notice to SCOOD.

21.6     The registered user agrees to indemnify, defend and hold harmless SCOOD, its parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of the registered user’s breach of these Terms and Conditions or the documents they incorporate by reference, or the registered user’s violation of any law or the rights of a third-party.

 

22       OWNERSHIP AND COPYRIGHT

22.1     The contents of the Website, including but not limited to, any material, information, graphics, images, data, icons, software, text, sound clips, video clips, trade names, advertisements, logos, trademarks, service marks and designs which are displayed on or incorporated in this Website (“Website Content”) are protected by law, including but not limited to copyright and trade mark law. The Website Content is the property of SCOOD, its advertisers and/or sponsors and/or is licensed to SCOOD.

22.2     The registered user will never acquire any right, title or interest in or to the Website or the Website Content.

22.3     Any use, distribution or reproduction of the Website is prohibited unless expressly authorised in terms of these Terms and Conditions or otherwise provided for in law.

22.4     Where any portion of the Website Content has been licensed to SCOOD or belongs to any third party, the registered user’s rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and agrees to comply with such third party terms and conditions.

 

23       LIMITATION OF LIABILITY

23.1     SCOOD cannot be held liable for any inaccurate information published or incorrect prices displayed on the Website, save where such liability arises from the gross negligence or wilful misconduct of SCOOD, its employees, agents or authorised representatives.

23.2     SCOOD shall not be liable for any direct, indirect, incidental, special or consequential loss or damages which might arise from the registered users use of or reliance upon the website or the content contained in the Website, or the registered user’s inability to use the Website, and/or unlawful activity on the Website and/or third party links to the Website.

23.3     The registered user hereby indemnifies SCOOD against any loss, damage or claim which may be suffered by the registered user or any third party arising in any way from the use of this Website and/or any third party links to the Website.

 

24       GOVERNING LAW AND JURISDICTION

24.1     These Terms and Conditions and/or any dispute arising from these or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa.

24.2       The registered user’s use of and/or continued use of the Website will constitute the registered user’s consent and submission to the jurisdiction of the South African courts in respect of all proceedings, transactions, applications or the like instituted by either party against the other, arising from these Terms and Conditions.

24.3       In the event of a dispute arising between a registered user and SCOOD regarding the sale of any Goods or Services , the registered user agrees that the transaction was concluded in the Western Cape and the registered user hereby consents to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Western Cape Division, Cape Town) notwithstanding that the quantum in the proceedings may fall below the monetary jurisdiction of that court.

24.4       Nothing contained in this clause or in the Terms and Conditions limits the registered user’s rights to approach any court, tribunal or forum with competent jurisdiction in terms of the provisions of the CPA

 

25       GIFT VOUCHERS

25.1     SCOOD may from time to time make physical or electronic gift vouchers (“Gift Vouchers”) available for use on the Website towards the purchase of Goods and Services.

25.2     Gift Vouchers can only be redeemed while they are valid and the expiry dates cannot be extended. Gift Vouchers purchased by registered users are valid for a 3 (three) year period from the date of purchase thereof. Gift Vouchers that SCOOD give away for free are only valid for the period of time specified on the voucher. In either instance, should the voucher not be used within the validity period, it will expire.

25.3     Gift Vouchers do not accrue interest and are non-refundable for cash once purchased.

Gift Vouchers may not be utilised to purchase other Gift Vouchers. In the event that the Gift Voucher value is less than the amount required to cover the full payment of an order, the difference between the purchase price and Gift Voucher can be made up by paying one via one of the other payment methods.

25.4     SCOOD shall not be responsible for any harm, loss, unauthorised use or unauthorised distribution of a Gift Voucher after the Gift Voucher has been delivered to the registered user or to the registered user’s nominated email address.

 

26       NOTICES (DOMICILIUM ADDRESS)

26.1     SCOOD hereby selects 2 Watersmeet Road, Parel Vallei, Somerset West, Western Cape, 7130 as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions (“Domicilium Address”). SCOOD reserves the right to change this address from time to time by updating these Terms and Conditions.

26.2     The registered user selects the delivery address specified with his/her order as his/her Domicilium Address but the registered user may change such address to any other physical address by giving SCOOD not less than 7 (seven) days’ notice in writing.

26.3     Notices must be sent either by hand or Email and must be in English. All notices sent

26.3.1  by hand will be deemed to have been received by the date of delivery; and           26.3.2  by Email will be deemed to have been received on the transmission date.

 

27       COMPLAINTS

27.1     If you have a complaint regarding any Goods or Services provided by SCOOD or require any information regarding the internal complaints-handling process, kindly contact our Help Centre on the Website or contact our Call Centre on …………………………………

27.1     Should SCOOD be unable to resolve your complaint within 15 (fifteen) business days of receiving notification thereof, you can contact the Consumer Goods and Services Ombud (“CGSO”) to assist resolving the complaint. The CGSO contact details are:

Website: http://www.cgso.org.za;

Sharecall: 0860 000 272

Email: complaints@cgso.org.za

 

28       INFORMATION

28.1     For the purposes of the ECT Act, SCOOD’s information is as follows (which is required to be read in conjunction with its product descriptions and other terms and conditions contained on its Website):

28.1.1       FULL NAME: SCOOD (Pty) Ltd, a private company registered in accordance with the laws of South Africa with registration number 2022/731642/07

28.1.2       MAIN BUSINESS: Online retailer

28.1.3       PHYSICAL ADDRESS (DOMICILIUM ADDRESS) (postal and street address): 2 Watersmeet Road, Parel Vallei, Somerset West, Western Cape, 7130  (marked for attention: CEO and Legal)

28.1.4       OFFICE BEARERS:                                                                                      

28.1.5       CONTACT NUMBER:                                                                                 

28.1.6       EMAIL ADDRESS:                                                                                       

28.1.7       PAIA: The manual published in accordance with Section 51 of the Promotion of Access to Information Act 2000 may be downloaded from here.

28.2     Third Party Sellers’ information is available in the relevant product listing and/or via the customer support centre contactable via our Help Centre.

28.3     Should you have any complaint or allegation of intellectual property infringement, kindly direct your complaint or allegation to                                            and include all key information such as the specific URLs on the Website that pertain to your complaint/allegation together with actual copies of the South African/CIPC-issued certification that you rely on. Investigations into those identified URLs, subject to the fluidly reactive nature of the Website and its related functionality limitations, will be carried out as soon as possible and a response provided to your complaint/allegation.

29       GENERAL PROVISIONS

29.1     The registered user may not cede, assign or otherwise transfer any of his/her obligations in terms of these Terms and Conditions to any third party.

29.2     If any term or condition contained herein is declared invalid, void or unlawful, the remaining terms and conditions will remain in full force and effect.

29.3     SCOOD may, in its sole discretion and at any time and for any reason and without prior written notice to the registered user, suspend, modify or terminate the operation of the Website or the registered user’s right to access or use he Website or any of its contents subject to processing orders for Goods and Services already completed by the registered user.

29.4     Any failure on the part of SCOOD or the registered user to enforce any right contained in these Terms and Conditions shall not constitute a waiver of that right. Similarly, no indulgence, extension of time, relaxation or latitude which either party (the “grantor”) may allow to the other party (the “grantee”) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not be prejudiced or prevented from exercising any of its rights against the grantee which may have arisen in the past or which arise in the future.

29.5     No variation, addition, deletion or agreed cancellation of these Terms and Conditions will be of any force or effect unless reduced to writing and signed and accepted by or on behalf of both parties hereto.

29.6     These Terms and Conditions contain the whole agreement between SCOOD and the registered user and no warranty or undertaking is valid unless contained in these Terms and Conditions and any written variation thereof.