Helping People



CLIENT TERMS & CONDITIONS


1.      Introduction

1.1.           This website (Krazy Giraffe) can be accessed at www.krazygiraffe.com, related mobi-sites and software applications (the “Website”) and is owned and operated by Krazy Giraffe (Proprietary) Limited (“Krazy Giraffe”, “we”, “us” and “our”).

1.2.           These Website Terms and Conditions (“Terms and Conditions”) govern you selling, advertising and purchasing and deliver of your goods and services on this Site (“Offerings”) and the use of the Website. Advertising includes, but limited to, brand advertising/awareness (“branding”).

1.3.           These Terms and Conditions are binding and enforceable against every person that accesses or uses this Website (“you”, “your” or “client” or “Seller”), including without limitation each client who registers as contemplated below (“registered client”). Either, by using the Website or by registering and ‘signing in’ on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.

1.4.           We will provide you with the Services only once you have accepted the terms and conditions of this Agreement when registering with us, AND once we have verified your company. The documents required list will be made available to you by a Krazy Giraffe representative upon your registration on the Site.

1.5.           The Website enables you to advertise your brand and/or advertise and sell your Offerings and/or services on this Site.

1.6.           "Fees" means any charges which Krazy Giraffe charge as per the Billing Statement.

1.7.           "Listings" means the offering for sale, placing of or creating of any type of reverse auction or buy now on this Site;

1.8.           "VAT" means any value added tax, or other consumption tax;

1.9.           ”End user” means a person that uses the site to view offerings and could choose to buy offerings.

 

 

2.      Important Notice

2.1.           These Terms and Conditions apply to clients who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).

2.2.           These Terms and Conditions contain provisions that appear in similar text and style to this clause and which -

2.2.1.         may limit the risk or liability of Krazy Giraffe or a third party; and/or

2.2.2.         may create risk or liability for the client; and/or

2.2.3.         may compel the client to indemnify Krazy Giraffe or a third party; and/or

2.2.4.         serves as an acknowledgement, by the client, of a fact.

2.3.           If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask Krazy Giraffe to explain it to you before you accept the Terms and Conditions or continue using the Website.

2.4.           Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or Krazy Giraffe in terms of the CPA.

 

Krazy Giraffe permits the use of this Website subject to the Terms and Conditions. By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You MUST NOT use this Website if you do not agree to the Terms and Conditions.

 

 

3.      Registration and use of the website

3.1.           Only registered clients may place/ post/ offer Offerings on the Website.

3.2.           To register as a client, you must provide a unique client name and password and provide certain information and personal details to Krazy Giraffe. You will need to use your unique client name and password to access the Website in order to place/ post/ offer Offerings.

3.3.           You agree and warrant that your client name and password shall:

3.3.1.         be used by you only; and

3.3.2.         not be disclosed by you to any third party.

3.4.           For security purposes you agree to enter the correct client name and password whenever you place/ post/ offer Offerings, failing which you will be denied access.

3.5.           You agree that, once the correct client name and password relating to your account have been entered, irrespective of whether the use of the client name and password is unauthorized or fraudulent, you will be liable for payment of such order with regards to an Advertisement and you will be liable for your listed goods or services offerings purchased, save where the order or goods or service offerings are cancelled by you in accordance with these Terms and Conditions .

3.6.           You agree to notify Krazy Giraffe immediately upon becoming aware of or reasonably suspecting any unauthorized access to or use of your client name and password and to take steps to mitigate any resultant loss or harm.

3.7.           By using the Website, you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person 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.

3.8.           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. In addition, you agree that you will 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 herein, without the prior written consent from an authorized Krazy Giraffe representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).

3.9.           You may not use the Website to distribute material, which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.

3.10.         Krazy giraffe reserves the right to vet all content you intend, to use / post / upload onto the site. Krazy Giraffe reserves the right to refuse to use / post / upload on to the site.

3.11.         You may not in any way display, publish, copy, print, post or otherwise use the Website and/or the information contained therein without the express prior written consent of an authorized Krazy Giraffe representative.

3.12.         You agree that Krazy Giraffe may/can conduct credit checks, financial risk assessments and risk assessments on you, as part of our registration process and vetting process.

3.13.         Based on the risk assessment, Krazy Giraffe will determine the payment cycle or category that you qualify for and this will determine when payments are made to you, when products or services that you have advertised are purchased on the Site.

 

 

 

4.      Conclusion of sales and availability of stock

 

4.1.           Registered end users may purchase your Offerings, given that the Offering has not expired yet. You are responsible for the correctness of the information relating to the Offerings (including without limitation the price and terms of the Offering).  In saying so, you will be solely responsible for any costs incurred by incorrect information on the Offering, if an End User purchases the Offering, they will be entitled to whatever is offered in the Offering, which was posted by you.

4.2.           We will notify you (the client) and the successful Buyer (the end user) of the successful sale (if any) of any goods or services by automated email when the purchase is made on this site.

4.3.           Following receipt of the Confirmation Notice, the client and the successful end user will be solely responsible for the following matters, including, but not limited to:

4.3.1.         implementation of the sale and purchase of the goods or services, including reaching agreement on when risk in relation to the goods or services is passed onto the end user, and when title in the goods or services will be delivered to the end user;

4.3.2.         ensuring they comply with the laws applicable in the jurisdiction in which the End user and Client are located, with respect to completion of the sale and purchase of the goods and services (including without limitation, any formalities required to be undertaken in relation to that sale and purchase as well as the formalities required in terms of the Second Hand Goods Act) and, if the End user and Client are from different jurisdictions, then the governing law of any resultant contract or agreement between the End user and Client will be the laws of the Republic of South Africa;

4.3.3.         arranging any insurance (if any) in respect of the goods or services;

4.3.4.         as applicable, agreeing a date for delivery of the goods or services; and

4.3.5.         payment of all applicable taxes, duties and costs (including, without limitation, VAT or other consumption taxes and customs and other import duties and tariffs) incurred in connection with the sale and purchase of the goods and services.

4.3.6.         Returns: we provide the platform to facilitate transactions between you and the purchasing end user. Krazy Giraffe is neither the buyer nor the seller of these Offerings unless otherwise specified. So, we will never accept returns of any goods and services purchased on this Site as we are not the buyer or seller. Therefore you will or will be expected to address inquiries, of whatever nature, including, but not limited to, goods and services being of a defective nature, not fit for a particular purpose, or non-delivery of any goods and services, from the purchasing end user. It remains your sole discretion, the goods or services may be replaced, or the price refunded.

4.3.7.         In the case of Offerings for sale by you, Krazy Giraffe relies on information supplied by you and Krazy Giraffe accordingly bears no liability for any inaccuracies in the information supplied to it. Consequently, should an end user purchase any Offerings from you which contains incorrect information, any resulting dispute should be resolved between you and the relevant end user, within your respective rights. Krazy Giraffe is indemnified by you in and for any dispute which may arise.

4.4.           The Expiry Date is based on time and an Offering, Deal or Service will become unavailable at the very second when the current time surpasses the Expiry Date set by you, when capturing the details for the Offering, Deal or Service.

 

 

5.      Sellers

5.1.           You may post the goods and services that you wish to offer for sale on the Site.

5.2.           You agree that we or our nominated agent may undertake any necessary credit checks on you and/or your credit card where applicable.

5.3.           In addition to any other rights we may have under this Agreement, if you fail to comply with the above Clause 5.2, we may prevent you from using the Services.

5.4.           If you do comply, you agree and warrant to the end user of those goods and services and separately to us that:

5.4.1.         your information:

5.4.1.1.              is accurate and not false, misleading, deceptive or fraudulent;

5.4.1.2.              does not breach any Intellectual Property Rights of a third party;

5.4.1.3.              is made in compliance with all applicable laws, government regulations or guidelines;

5.4.1.4.              is not forged, threatening or offensive or otherwise constitutes harassment;

5.4.1.5.              does not contain confidential information or trade secrets of a third party unless you have obtained the consent of the third-party owner;

5.4.1.6.              does not contain any viruses, worms, trojan horses or other invidious programs or data, whether attached to or embedded in other programs or data or not;

5.4.1.7.              will not defame (libel or slander) another person or transmit misleading or inaccurate information of any kind, whether of a personal or commercial nature; and

5.4.1.8.              does not contain any type of pornography, bestiality or any other obscene or offensive material;

5.4.2.         you or the company that you represent are the legal owner of the goods and services you are offering for sale on this Site and you or the company that you represent have the legal capacity to conclude the sale and to pass the title in the goods and services to the successful purchasing end user;

5.4.3.         if an end user who is a dealer in terms of the Second-hand Goods Act makes a request for the information necessary to complete his/her register, you agree that the said information will not be unnecessarily withheld 

5.4.4.         You represent and warrant to us and to the end user separately that your information will be kept up to date and that you will edit your account/profile and any other information accordingly.

5.5.           In addition, you represent and warrant to us and separately to the successful purchasing end user that:

5.5.1.         5.5.1 the goods and services you offer for sale and sell, on this Site:

5.5.1.1.              are reasonably fit for the purpose or purposes for which goods of that kind are commonly bought as it is reasonable to expect having regard to matters including, without limitation, the description of those goods and their price; and

5.5.1.2.              correspond with the description that you have posted on this Site; and

5.5.1.3.              if sold in bulk, will correspond with any samples; and

5.5.1.4.              are not defective; and

5.5.1.5.              are free of any charge or encumbrance such that the purchasing end user will be able to enjoy quiet possession of those goods;

5.5.2.         5.5.2 the services you offer for sale, and sell, on this Site:

5.5.2.1.              will be rendered with due care and skill; and

5.5.2.2.              any materials supplied in connection with any services will be reasonably fit for the purpose for which they have been supplied; and

5.5.2.3.              if the purchasing end user has made it known to you the particular purpose for which the services are required or the result the end user wishes any services to achieve, then those services and any materials supplied in connection with those services will be reasonably fit for that purpose or are of such nature and quality that they might be reasonably expected to achieve that result;

5.5.3.         5.5.3 the goods and/or services you offer for sale, and sell on this Site:

5.5.3.1.              will be offered for sale, and sold, in compliance with the laws of the Republic of South Africa and especially that of the Consumer Protection Act that became effective 1 April 2011;

5.5.3.2.              are legally able to be offered for sale, and sold on this Site, and otherwise, that the offer and sale of those goods and services is not in contravention of any law.

5.6.           In the information provided about the goods or services that you offer for sale, or sells on this Site, you must set out the terms and conditions for sale of those goods or services, including the following:

5.6.1.         payment terms if applicable;

5.6.2.         terms of delivery;

5.6.3.         returns policy;

5.6.4.         taxes, duties and costs (including, without limitation, VAT, or other consumption taxes, customs and other import duties and tariffs) payable by the Buyer; and

5.6.5.         unless stated to the contrary, any value will be construed to refer to South African Rand;

5.6.6.         that selling prices will be considered to include VAT;

and you agree that such terms and conditions will include any matters prescribed by us under this Agreement, as well as any matter specified in the Krazy Giraffe Guidelines.

6.      Advertising

 

6.1.           You may choose to opt for paid advertising with Krazy Giraffe. In doing so, the relevant rates as outlined in our pricing schedule will apply.

6.2.           You can create an Advertisement and upload the necessary image(s), however the Advertisement will not appear on the Krazy Giraffe Site until it has been approved by Krazy Giraffe and advertising credits have been purchased against an advertisement. One Rand in South African currency is equal to one hundred advertising credits.

6.3.           You agree and warrant to the end user and separately to us that:

6.3.1.         your advertisement and related information:

6.3.1.1.              is accurate and not false, misleading, deceptive or fraudulent;

6.3.1.2.              does not breach any Intellectual Property Rights of a third party;

6.3.1.3.              is made in compliance with all applicable laws, government regulations or guidelines;

6.3.1.4.              is not forged, threatening or offensive or otherwise constitutes harassment;

6.3.1.5.              does not contain confidential information or trade secrets of a third party unless you have obtained the consent of the third-party owner;

6.3.1.6.              does not contain any viruses, worms, trojan horses or other invidious programs or data, whether attached to or embedded in other programs or data or not;

6.3.1.7.              will not defame (libel or slander) another person or transmit misleading or inaccurate information of any kind, whether of a personal or commercial nature; and

6.3.1.8.              does not contain any type of child pornography, bestiality or any other obscene or offensive material;

6.3.1.9.              does not amount to hate speech;

6.3.1.10.            Not offensive to any religious groups.

 

6.4.           You agree that you are solely responsible for the correctness of the advert and will adhere to all points above in Clause 6.2 and Clause 6.3 (above, under the Advertising). Krazy Giraffe will not be liable for any costs incurred due to any of the points above and not limited to, being breached.

6.5.           Should an Advertisement require any software development or customization on the part of Krazy Giraffe, it will be deemed a Special Advertisement. In this case Krazy Giraffe will receive images and content from you and we will build the advertisement. Should it be approved by both parties, then Krazy Giraffe will publish the Special Advertisement to the relevant website pages.

6.6.           Approvals by both parties needs to be made in writing or via email

6.7.           Should there be a mistake on the Special Advertisement, the Special Advertisement will be removed temporarily, until such time that the mistake is corrected and approved again by both parties.

6.8.           You are not allowed to “sublet”, “sell” or “transfer” your (the seller’s) login without the written consent and agreement of Krazy Giraffe.

6.9.           The advertiser hereby makes and confirms that all the information supplied to Krazy Giraffe is true and correct.

6.10.         The advertiser warrants and guarantees that Krazy Giraffe is/ are/ will NOT be liable for any misrepresentation made by you.

 

7.      Referral Rewards

7.1.           You are liable for Referral Rewards should you refer the Krazy Giraffe Site to any End User.

7.2.           You will earn Referral Rewards whenever the End User that you have referred engages with the Site, after they register.

7.3.           You are entitled to redeem the accumulated Referral Rewards in the form of South African Rand, where the minimum amount redeemable in South African Rand is One Hundred South African Rand. Transaction and Payment Gateway fees apply. A formal request needs to be made by the Administrator User Account on the Krazy Giraffe Site, following which the Referral Rewards will be deposited into the bank account provided by you during the vetting process.

7.4.           Rewards are generated through funds received from companies advertising on the site. If there are no funds being generated from advertising revenue on the site, then there will be no rewards given to you or the End User, either at present or in the future.

7.5.           Referral Rewards are not always guaranteed on every page view or click.

7.6.           Referral Rewards are based on an algorithm with different variables and we reserve the right to change the algorithm and variables at any time, resulting in Referral Rewards values changing per End User action. Referral Rewards value is not the same for every page view or click per End User action.

7.7.           You and your employees that are registered on Krazy Giraffe are not entitled to any Loyalty Rewards as earned by the End User, however you and your employees can register as End Users on the Krazy Giraffe Site, using different emails to register to that which were used in creating your company accounts on Krazy Giraffe Site, thus qualifying for End User Loyalty Rewards.

 

8.      Cash Back Option

8.1.           End Users have a function called the ‘Cash Back’ option. This function allows the end user to get at least fifty percent cash back on their purchase, should they require the cash instead of the purchased product or service.

8.2.           The end user will receive at least fifty percent cash back, of the value that remains after the cash amount that the end user had used to purchase the product(if applicable) has been subtracted from the product or service listing price, at the time of purchase. The cash amount used for the purchase of the product or service must also be paid back to the end user in the form of cash.

8.3.           Once a user activates the ‘Cash Back’ option, we will notify you and pay you the full value of the listing price.

8.4.           You will then be responsible for contacting the end user, obtaining their banking details or their preferred method of payment and then finally you will be responsible for making the payment of the required amount to the end user. If you do not agree to this condition, then please do not accept these terms and conditions.

8.5.           We will inform you as to the correct amount that you will need to pay over to the end user, which includes any initial cash used to purchase the product or service and the fifty percent ‘Cash Back’ value.

8.6.           Krazy Giraffe reserves the right to change the percentage applicable to the ‘Cash Back’ option at any time, without prior notification. The current percentage applicable as of 21 November 2019 is fifty percent.

 

 

9.      Payment

9.1.           Registering, and creating items on this Site do not attract a service fee.

9.2.           Optional Paid Advertising “OPA” program

9.2.1.         You may choose the pay a voluntary advertising fee, then we will further actively promote your offerings on the site with the aim of (but do not guarantee) increasing end users’ views of your offering.

9.2.2.         Those end users will earn Krazy Giraffe reward points which will vary from time to time as determined by us.

9.2.3.         your fees from this OPA program will be per end user interaction with your advertisement. These interactions may include (but not limited to) “per view” or “per click”, which will be charged at different rates.

9.2.4.         Initiatives like the End user rewards program (but not limited to it) will be funded by us from our advertising revenues.

9.2.5.         If the end user purchases your offering, then your listed price will be paid to you, irrespective of whether the end user is enjoying a discounted price and/or using their rewards points.

9.3.           Selling on Krazy Giraffe will incur Success Fee charges

9.3.1.         Selling on Krazy Giraffe will incur Success Fee charges to your Krazy Giraffe Account. Selling on Krazy Giraffe will incur Success Fee charges for each sale, where the Success Fee Charges will be deducted from your Listing price, before Krazy Giraffe pays you for your goods or services. It is a condition of using the Services that you agree to this and the fee structure, billing and credit rules as described in the Billing Statement. If you do not agree to this condition, then please do not accept these terms and conditions.

9.3.2.         We may choose in our sole discretion to change our fee structure, billing and credit rules from time to time and such changes shall be effective forthwith. We undertake to give you as reasonable as possible notice of such change.

9.3.3.         We may choose in our sole discretion to change our fee structure, billing and credit rules from time to time, for promotional events and such changes are effective for the dates specified when we post such a promotion on this Site.

9.3.4.         We reserve the right in our sole discretion to alter or remove any Services or withdraw any Services offered. In the event that we introduce a new Service, any fees for that Service will take effect from the launch of that Service, unless otherwise stated.

9.3.5.         Unless otherwise stated, all fees are quoted in South African Rand and are exclusive of VAT.

9.3.6.         6.3.6. Clients are given the right to sell items on this Site by paying the relevant fees. This does not involve purchasing the rights to the actual web pages, which remain the property of Krazy Giraffe; we reserve the right in our sole discretion to place third party advertisements on the pages without your consent or payment to you.

9.3.7.         Krazy Giraffe reserves the right to charge a minimum R500 (five hundred Rand) administration fee to re-activate restricted, disabled or blacklisted accounts and the right not to reactivate, at our sole discretion.

9.4.           Payment facilities

9.4.1.         We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.

9.4.2.         Payment can be made via -

9.4.2.1.              Debit Card

9.4.2.2.              Credit card: where payment is made by credit card, we may require additional information in order to authorise and/or verify the validity of payment. In such cases we are entitled to withhold delivery of a service until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation your order for the Offerings will be cancelled. You warrant that you are fully authorised to use the credit card supplied for purposes of paying the Offerings. You also warrant that your credit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website;

9.4.2.3.              Direct bank deposit or electronic funds transfer: if you pay via direct bank deposit or electronic funds transfer, payment must be made within 5 (five) days of placing your order. Krazy Giraffe will not accept your order if payment has not been received;

9.4.2.4.              Instant EFT;

 

 

10.    Errors

 

10.1.         We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of your Offerings on the Website. However, should there be any errors of whatsoever nature on the Website,), we shall not be liable for any loss, claim or expense relating to a transaction based on any error. You are responsible for the correctness of your Offering, Deal or Service, when you capture the information.

10.2.         Krazy Giraffe shall not be bound by any incorrect information regarding your products or services displayed on any third party websites.

 

 

11.    Changes to these Terms and Conditions

11.1.         Krazy Giraffe may, in its sole discretion, change any of these Terms and Conditions at any time. It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes. Should you not be satisfied, you must not place any further orders on, or in any other way use, the Website.

11.2.         Any such change will only apply to your use of this Website after the change is displayed on the Website. If you use the Website after such amended Terms and Conditions have been displayed on the Website, you will be deemed to have accepted such changes.

 

12.    Electronic communications

12.1.         When you visit the Website or send emails to us, you consent to receiving communications from us or any of our divisions or partners electronically in accordance with our privacy policy.

 

13.    Ownership and copyright

13.1.         The concept/design/pattern of Krazy Giraffe’s rewards program, business model and structure are the intellectual property of Krazy Giraffe. Copying it, manipulating it and /or duplicating it is a violation of Krazy Giraffe’s Intellectual Property Rights as governed by the laws of the Republic of South Africa. 

13.2.         The contents of the Website, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks 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 Krazy Giraffe, its advertisers and/or sponsors and/or is licensed to Krazy Giraffe.

13.3.         You will not acquire any right, title or interest in or to the Website or the Website Content.

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

13.5.         Where any of the Website Content has been licensed to Krazy Giraffe or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.

 

14.    Disclaimer

14.1.         We reserve the right in our sole discretion to alter or remove any information or remove any Advertisement or withdraw any goods or services offered for sale by you, , if:

the information, advertisement and/or those goods or services, as applicable;

14.1.1.       infringe or is suspected of infringing the Intellectual Property Rights of any person (other than the Seller (client) in question); or

14.1.2.       may create any liability for us whatsoever;

14.1.3.       in relation to the goods and services if we are not entirely satisfied that you are legally permitted to offer for sale or sell, those goods and/or services;

14.1.4.       it is otherwise in our commercial interests to do so;

14.1.5.       we are required by law to do so;

14.1.6.       you breach any provision of this Agreement; or

14.1.7.       for any other reason whatsoever,

 

and you irrevocably and unconditionally agree that any rights that you may have had against us in respect of any action we may have taken under this section 14 (Disclaimer), are hereby waived.

14.2.         The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website.

14.3.         Whilst Krazy Giraffe takes reasonable measures to ensure that the content of the Website is accurate and complete, Krazy Giraffe 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. If any such representations or warranties are made by Krazy Giraffe’s representatives, Krazy Giraffe shall not be bound thereby.

14.4.         Krazy Giraffe has no liability for any damage, loss or expenses, whether direct, 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.

14.5.         Although Offerings 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” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.

14.6.         Any views or statements made or expressed on the Website are not necessarily the views of Krazy Giraffe, its shareholders, directors, employees and/or agents.

14.7.         In addition to the disclaimers contained elsewhere in these Terms and Conditions, Krazy Giraffe 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, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software. Krazy Giraffe thus 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.

14.8.         Linking to third party websites

14.8.1.       This Website may contain links or references to other websites (“Third Party Websites”) which are outside of our control, including those of advertisers. These Terms and Conditions do not apply to those Third-Party Websites and Krazy Giraffe is not responsible for the practices and/or privacy policies of those Third Party Websites or the “cookies” that those sites may use.

14.8.2.       Notwithstanding the fact that the Website may refer to or provide links to Third Party Websites, your use of such Third Party Websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third Party Websites or your reliance on any information contained thereon.

 

15.    Limitation of liability

15.1.         Krazy Giraffe cannot be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website.

15.2.         Krazy Giraffe SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES WHICH MIGHT ARISE FROM YOUR USE OF, OR RELIANCE UPON, THE WEBSITE OR THE CONTENT CONTAINED IN THE WEBSITE; OR YOUR INABILITY TO USE THE WEBSITE, AND/OR UNLAWFUL ACTIVITY ON THE WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.

15.3.         YOU HEREBY INDEMNIFY KRAZY GIRAFFE AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD PARTY ARISING IN ANY WAY FROM YOUR USE OF THIS WEBSITE AND/OR ANY LINKED THIRD-PARTY WEBSITE.

 

16.    Availability and termination

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

16.2.         Krazy Giraffe may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that Krazy Giraffe will not be liable to you in the event that it chooses to suspend, modify or terminate this Website other than for processing any orders made by you prior to such time, to the extent possible.

16.3.         If you fail to comply with your obligations under these Terms and Conditions, including any incident involving payment of the price of an order for any Offerings, this may (in our sole discretion with or without notice to you) lead to a suspension and/or termination of your access to the Website without any prejudice to any claims for damages or otherwise that we may have against you.

16.4.         Krazy Giraffe is entitled, for purposes of preventing suspected fraud and/or where it suspects that you are abusing the Website and/or have created multiple client profiles to take advantage of a promotion or Coupon intended by Krazy Giraffe to be used once-off by you, to blacklist you on its database (including suspending or terminating your access to the Website), refuse to accept or process payment on any order, and/or to cancel any order concluded between you and Krazy Giraffe, in whole or in part, on notice to you. Krazy Giraffe shall only be liable to refund monies already paid by you and that has not yet been used to subsidise the discounts and Krazy Rewards (see Krazy Giraffe’s Returns Policy (see above) in this regard), and accepts no other liability which may arise as a result of such blacklisting and/or refusal to process any order.

16.5.         Krazy Giraffe shall be liable to refund of money in cash paid, subject to this refund policy. This refund will exclude:

16.5.1.        Any portion of the money paid, which has been redeemed in rewarded points or credits or that has been used or spent or traded in by the end users.

16.5.2.       All portions of the cash paid to Krazy Giraffe that has been allocated to the Rewards program in its entirety or completely.

16.5.3.       All cost incurred by Krazy Giraffe in any manner, shape or form.

16.6.         At any time, you can choose to stop using the Website, with or without notice to Krazy Giraffe.

 

17.    Governing law and jurisdiction 

17.1.         These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.

17.2.         In the event of any dispute arising between you and Krazy Giraffe, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Gauteng Division, Pretoria) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.

17.3.         Nothing in this Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.

 

18.    Notices

Krazy Giraffe hereby selects 48 Jarra Street, Sharonlea, Randburg, Gauteng, 2194 as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions (“legal address”). Krazy Giraffe may change this address from time to time by updating these Terms and Conditions.

18.1.         You hereby select the delivery address specified with your order as your legal address, but you may change it to any other physical address by giving Krazy Giraffe not less than 7 days’ notice in writing.

18.2.         Notices must be sent either by hand, prepaid registered post, telefax or email and must be in English. All notices sent -

18.2.1.       by hand will be deemed to have been received on the date of delivery;

18.2.2.       by prepaid registered post, on receipt;

18.2.3.       by telefax before 16h30 on a business day will be deemed to have been received, on the date of successful transmission of the telefax. All telefaxes sent after 16h30 or on a day which is not a business day will be deemed to have been received on the following business day; and

18.2.4.       by email will be deemed to have been on the date indicated in the “Read Receipt” notification. ALL EMAIL COMMUNICATIONS BETWEEN YOU AND US MUST MAKE USE OF THE “READ RECEIPT” FUNCTION to serve as proof that an email has been received.

 

19.    Information

19.1.         For the purposes of the ECT Act, Krazy Giraffe’s information is as follows, which should be read in conjunction with its product descriptions and other terms and conditions contained on the Website:

 

 

 

19.1.1.       Full name: Krazy Giraffe (Pty) Ltd, a private company registered in South Africa with registration number    2019/488012/07

19.1.2.       Main business: Online retailer & Digital Marketing Agency

19.1.3.       Physical address for receipt of legal service (also postal and street address):

 

48 Jarra Street, Sharonlea, Randburg, Gauteng, 2194 (Marked for attention: CEO and Legal)

 

 

19.1.4.       Office bearers: Ubir Kalichuran, Samantha Govender Kalichuran

19.1.5.       Phone number: 011 209 6403

19.1.6.       Email address: support@KrazyGiraffe.com

19.1.7.       PAIA: The manual published in terms of section 51 of the Promotion of Access to Information Act 2000 may be downloaded from 
Third Party Sellers’ website and/or via the customer support centre, contactable at support@KrazyGiraffe.com

 

 

 

20.    General

 

20.1.         Krazy Giraffe may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the Website or the client’s right to use the Website or any of its contents subject to us processing any orders then already made by you.

20.2.         You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.

20.3.         Any failure on the part of you or Krazy Giraffe to enforce any right in terms hereof shall not constitute a waiver of that right.

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

20.5.         No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.

20.6.         No indulgence, extension of time, relaxation or latitude which any party (the “grantor”) may show grant or allow to the other (the “grantee”) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.

20.7.         These Terms and Conditions contain the whole agreement between you and Krazy Giraffe, and no other warranty or undertaking is valid, unless contained in this document between the parties.