Helping People
User 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 the ordering, sale and delivery of products, deals and services (“Offerings”), the rewards program and the use of the Website.

1.3.         These Terms and Conditions are binding and enforceable against every person that accesses or uses this Website (“you”, “your” or “user” or “end user”), including without limitation each user who registers as contemplated below (“registered user”). 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.         The Website enables you to shop online for an extensive range of products, deals and/or services (“Offerings”).

1.5.          Krazy Giraffe allows third party sellers to list and sell their Offerings on the Website (each a “Third Party Seller”, “Seller”, “Merchant”). Krazy Giraffe will indicate on relevant product pages and checkout pages when Offerings are for sale by a Third Party Seller. Certain terms in these Terms and Conditions only apply to purchases from Third Party Sellers, and others only apply to purchases from Krazy Giraffe. This will be made clear in the relevant clause.

 

2.     Governing law and jurisdiction 

2.1.         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.

2.2.         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.

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

2.4.         The laws of the Republic of South Africa apply to this whole terms and conditions.

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

 

3.     Important Notice

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

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

3.1.2.         may create risk or liability for the user; and/or

3.1.3.         may compel the user to indemnify Krazy Giraffe, Krazy Giraffe employees and agents or a third party; and/or

3.1.4.         serves as an acknowledgement, by the user, of a fact.

3.2.         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.

3.3.         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.

3.4.          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.

3.5.         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. 

 

 

4.     Returns

4.1.         We provide the platform to facilitate transactions between you and the Third Party Seller.

4.2.         Krazy Giraffe is neither the buyer nor the seller of these Offerings unless otherwise specified. So, we will never accept returns of any Offerings purchased on this Site as we are not the buyer or seller.

4.3.         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, to the Third Party Seller.

4.4.         It remains the sole discretion of the Third Party Seller whether the goods or services may be replaced, or the price refunded.

4.5.         Rewards points can be used for the full or partial purchase of an Offering, product or service. If the sale of an offering, product or service is cancelled for any reason, any refund due to you, will have to be addressed with the Third Party Seller.

 

 

5.     Cancellations

5.1.         Krazy Giraffe will not be liable for any cancellations. All cancellations must be addressed between you and the Third Party Seller.

 

6.     Registration and use of the website

6.1.         Only registered users may purchase Offerings on the Website.

6.2.         To register as a user, you must provide a unique username and password and provide certain information and personal details to Krazy Giraffe. You will need to use your unique username and password to access the Website in order to purchase Offerings.

6.3.         You agree and warrant that your username and password shall:

6.3.1.         be used for personal use only; and

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

6.3.3.          You are liable to Krazy Giraffe or any third party, should any loss arise, should you disclose your username and password and it be misused in any manner, shape or form.

6.4.         For security purposes you agree to enter the correct username and password whenever ordering Offerings, failing which you will be denied access.

6.5.         You agree that, 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.

6.6.         You agree to notify Krazy Giraffe immediately 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.

6.7.         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.

6.8.         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 authorised 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).

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

6.10.      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 authorised Krazy Giraffe representative.

 

7.     Conclusion of sales and availability of stock

7.1.         Registered users purchase Offerings, which Krazy Giraffe or the Third Party Seller may accept or reject. Whether or not Krazy Giraffe or the Third Party Seller accepts an order depends on the availability of Offerings, correctness of the information relating to the Offerings (including without limitation the price) and receipt of payment or payment authorisation by Krazy Giraffe for the Offerings.

7.2.         NOTE: Krazy Giraffe or the Third Party Seller will indicate the acceptance of your order by delivering the Offerings to you or allowing you to collect them, and only at that point will an agreement of sale between you and Third Party Seller come into effect (the “Sale”). This is regardless of any communication from Krazy Giraffe stating that your order or payment has been confirmed. Krazy Giraffe will indicate the rejection of your order (by Krazy Giraffe itself or the Third Party Seller) by cancelling it and, as soon as possible thereafter, you seek the refund for any amount already paid. From the third party where payment had been made in either rewards points or cash or both.

7.3.         Prior to delivery or your collection of the Goods, you may cancel a purchase at any time, by contacting the Third Party Seller provided you do so before receiving a dispatch or delivery notice. After delivery or your collection of the Goods, you may return the Goods only in accordance with the Returns Policy (see section 4, above).

7.4.         Any order of a television will be subject to the condition that we obtain from you your valid TV licence number and your account holder ID. If we do not receive your TV licence number and your account holder ID, or your TV licence number cannot be validated, you will not be able to check out with the television in your shopping basket.

7.5.         When in the process of paying for an Offering, Krazy Giraffe will indicate to other users that the Offering is unavailable. Should the payment be cancelled or unsuccessful, then the Offering will be available to other users again.

7.6.         You acknowledge that stock of all Offerings on offer is limited and are only available before the Expiry Date set. In the case of Offerings for sale by Krazy Giraffe, Krazy Giraffe will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are discontinued on the Website. However, we cannot guarantee the availability of stock. When Offerings are no longer available after you have placed an order, Krazy Giraffe will notify you and you will be entitled to a refund of any amount already paid by you for such Offerings either in cash or rewards points, subject that Krazy Giraffe is the seller.

7.7.         Should the seller be a third party then the user must address the refund with that third party. 

7.8.         In the case of Offerings for sale by a Third Party Seller, Krazy Giraffe relies on inventory information supplied by the relevant Third Party Seller and Krazy Giraffe accordingly bears no liability for any inaccuracies in the information supplied to it. Consequently, should you order any Offerings from a Third Party Seller which are in fact sold-out, any resulting dispute should be resolved between you and the relevant Third Party Seller, your respective rights and obligations being as set out in these Terms and Conditions.

7.9.         Certain Offerings may not be purchased for re-sale. Should we suspect that any such Offerings are being purchased for re-sale, we are entitled to cancel your order immediately on notice to you.

 

8.     Referral Rewards

8.1.         You may be eligible for Referral Rewards should you refer another End User to the Krazy Giraffe Site.

8.2.         You may earn Referral Rewards whenever the End User that you have referred, registers using either your referral link or referral code and engages with the Site, if there are rewards available to be allocated to you. You do not receive Referral Rewards at the point of their registration, but only when they are logged in and complete any Activity that is linked to the Earning of Reward Points, if there are rewards available to be allocated to you.

8.3.         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 available to be allocated to you.

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

8.5.         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.

8.6.         A user may only have one Krazy Giraffe account. If a user you refer provides any fictitious information or opens more than one Krazy Giraffe account, you will not be compensated for this user and should you be suspected of abusing the programme your referral rewards and status will be revoked without payment of any outstanding rewards or funds.

8.7.         You will not place any referral links on any pages of the Krazy Giraffe web site.

8.8.         You will not directly or indirectly offer any incentive to users that result in referral fees without written permission from Krazy Giraffe.

8.9.         Referral Rewards will be added to the Loyalty Rewards, to give you the total of your Krazy Rewards. You can use your Krazy Rewards to purchase Offerings and Value Added Services on the site

 

9.     Krazy Rewards Points

9.1.         Rewards points do not accrue interest there on.

9.2.         Rewards are refundable for cash at Krazy Giraffes discretion.

9.3.         We may offer one or more rewards programs (“Rewards Programs”) under which you may have the opportunity to earn points (in the Krazy Giraffe program, such points are called “Krazy Rewards), which are redeemable for rewards.

9.4.         We may limit, suspend or terminate your ability to participate in a Rewards Program in Krazy Giraffes sole and absolute discretion, and may void any points, rewards, or potential rewards you may have earned or accumulated in a Rewards Program, if we determine in our sole discretion that you have not complied with these Terms or any Additional Terms applicable to such participation.

9.5.         You agree to abide by the final and binding decisions of Krazy Giraffe regarding any Rewards Program and your participation in it.

9.6.         We reserve the right to change, suspend, or cancel all or a portion of a Rewards Program, including any points you may have accrued, at any time without prior notice to you.

9.7.          Earning Points:

9.7.1.         Points can be earned in a Rewards Program by participating in certain Activities.

9.7.2.         Completing and Activity does not guarantee that you will earn reward points. Reward points are allocated upon completion of an Activity only when reward points are available to be allocated.

9.7.3.          If you choose to participate and follow the instructions associated with an Activity, upon satisfying all of the requirements of the Activity, you will be awarded the points associated with completing that Activity, so long as Krazy Giraffe and/or its third party Rewards Program affiliates are able to properly track your valid and completed point-earning Activities.

9.7.4.         For avoidance of doubt, Krazy Giraffe shall not be responsible for, nor shall Krazy Giraffe be obligated to award points or rewards to Rewards Program participants for, any Activity that is not properly recorded, tracked and/or deemed approved under Krazy Giraffe’s or its third party Rewards Program affiliates’ policies, procedures and systems.

9.7.5.         There may be limitations on Activities and rewards, so please be sure to review all applicable Additional Terms before deciding whether you would like to participate. For example, we reserve the right to request and verify receipts of completed purchases prior to or in connection with the awarding of points for Activities in order to verify with the applicable merchant that such purchases are valid. Some of the limitations on Activities and rewards include (without limitation), our right to change or limit your ability to participate in certain Activities or the Rewards Program itself; our right to change or limit the allowable frequency of Activities; our right to change or limit the number of points you can earn for a given Activity or during a given time period; and our right to change the Activities or rewards available, or the number of points required for a particular reward.

9.8.         An Activity is:

9.8.1.         When the End User views or clicks on any type of Paid Advertisement.

9.8.2.         When the End User Clicks on any  button for the purpose of  reducing the price of an Offering, Product or Service, by viewing a Paid Image Advertisement or a Paid Video Advertisement or answers a question linked to a Poll.

9.9.         Redeeming Points:

9.9.1.         Krazy Rewards can be used to purchase Offerings and Value-Added Services on the site. Should you require cash, then we have a Cash Back option that is applicable.

9.9.2.         No credit, reversal, or refund of points will be issued for any reason after points have been redeemed; in other words, once you use your rewards, you may not cancel the reward or return the reward for a refund of points. You may however liaise with the Third Party Seller, to cancel the purchase, in which the Third-Party Sellers cancellation policy will apply.

9.9.3.         Rewards Program Points are non-transferable, may not be bartered or sold, and are void if a transfer is attempted, and such points and the associated Account are not transferable upon death, as part of a domestic relations matter or otherwise by operation of law.

9.10.      Inactive Account:

9.10.1.      Any Account that has not been logged into and points either earned or redeemed for one year or more may be deemed inactive and the Account closed.

9.10.2.       In such instances, to request Account reactivation (subject to such terms, limitations and requirements as we may impose from time to time) you may reach us by using support@krazygiraffe.com

9.10.3.      We may modify our Inactive Account rules and policies in our Rewards Programs from time to time, and if your Account becomes Inactive, we may close your Account, without any compensation or further obligation to you. An Inactive Account is an account where there is no activity for one (1) year.

 

9.11.      Rewards Expiration:

9.11.1.      Any points/ rewards in our Rewards Programs that have not been redeemed for one (1) year after the time of the last purchase of an Offering or Value Added Service, such points earned or awarded may be deemed expired and removed from your Account.

9.11.2.      We may modify our point’s expiration rules and policies for any points in our Rewards Programs from time to time, and if your points expire with regards to such rules and policies, which apply currently or may apply in the future, we may remove such points from your Account, without any compensation or further obligation to you regarding the expired points.

 

10.  Cash back option

10.1.       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.

10.2.      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 original listing price. The cash amount used for the purchase of the Offering, product or service must also be paid back to the end user in the form of cash.

10.3.      Once an End User activates the ‘Cash Back’ option, we will notify the Third Party Seller and pay the Third Party Seller the full value of the original listing price, less a small fee for commission.

10.4.      The third party seller will then be responsible for contacting the end user, obtaining their banking details or their preferred method of payment and then finally, the Third Party Seller will be responsible for making the payment of the required amount to the end user. If you, as the End User, do not agree to this condition, then please do not accept these terms and conditions.

10.5.      We will inform third party seller as to the correct amount that they will need to pay over to the end user, which include any initial cash used to purchase the product or service and the fifty percent ‘Cash Back’ value. The end user shall also be responsible to follow up and track the “cash back” with the respective Third party.

 

 

11.  Payment

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

11.2.      Whether the Offerings are for sale by Krazy Giraffe or a Third Party Seller, payment can be made for Offerings via-

11.2.1.      Debit Card

11.2.2.       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 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;

11.2.3.      Instant EFT;

11.2.4.      Rewards points can be used for the full or partial value of the purchase price.

 

12.  Errors

12.1.      We shall take all reasonable efforts to accurately reflect the description, terms and conditions, availability, purchase price and delivery charges of 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.  

12.2.      Krazy Giraffe shall not be bound by any incorrect information regarding our Offerings, products or services that are displayed on any Third Party websites, or any product by a third party who has used Krazy Giraffe

 

13.  Deals and other discounted Offerings

13.1.      Deals and Offerings

13.1.1.      Deals and Offerings do not have a stock limit and will stop being available for purchase when the expiry date is reached

13.1.2.      We do not guarantee a specific saving. The extent of the Deal or discount is dependent on the amount of traffic that the Deal or Offering is exposed to and how many users choose to drop the price of the Deal or Offering.

13.1.3.      The List Price shown in respect of Deals and other discounted Offerings is the recommended retail price captured on the Krazy Giraffe website by the supplier of the relevant Offering, product or service. Where the supplier has not provided a recommended retail price, the Offering, product or service will be rejected and not appear for purchase on the Krazy Giraffe website.

 

14.  Third-Party Sellers

14.1.      Krazy Giraffe will indicate on  the details page when Offerings are for sale by a Third Party Seller. In such cases Krazy Giraffe only provides the platform to facilitate transactions between Third Party Sellers and Krazy Giraffe customers. Krazy Giraffe is neither the buyer nor the seller of these Offerings unless otherwise specified.

14.2.      The Sale formed on acceptance of your order (in accordance with clause 5.1.) for Offerings that are for sale by a Third Party Seller is therefore solely between the registered user and such Third Party Seller. Krazy Giraffe is not a party to that sale.

14.3.      The Third Party Seller is solely responsible for fulfilment of or delivery of the Offerings. The Third Party Seller is also responsible to provide an invoice to the registered user if required.

14.4.      Not all Third Party Sellers are registered VAT (Value-Added Tax) vendors. Only Third Party Sellers who are registered VAT vendors may charge VAT on Offerings sold and issue a tax invoice in respect thereof. If a Third Party Seller is not a registered VAT Vendor, it may not charge VAT on Offerings sold and will not be in a position to issue a tax invoice in respect thereof.

14.5.      Because Krazy Giraffe wants the registered user to have a safe and consistent experience, Krazy Giraffe may in some cases, act as an intermediary for any returns under the CPA or the Electronic Communications and Transactions Act 2002 (“ECT Act”), by the registered user arising out of or in connection with the Sale between a registered user and a Third Party Seller on behalf of the Third Party Seller according to Krazy Giraffe’s own Returns Policy (see section 4, above). Should such claim escalate into being a dispute, although Krazy Giraffe is entitled to become involved in an attempt to resolve it, Krazy Giraffe is not obliged to do so and any disputes must be resolved between you and the relevant Third Party Seller alone.

 

15.  Changes to these Terms and Conditions

15.1.      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 make any purchases or place any further orders on, or in any other way use, the Website.

15.2.      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.

 

16.  Electronic communications

16.1.      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.

 

17.  Newletters and Marketing

17.1.      By registering on the Krazy Giraffe website, you are also automatically opting in for our daily/weekly newsletter, our general newsletter as well as any Marketing Material from us or any of our divisions or partners (you may opt-out of these newsletters or Marketing Material at any time via email).

 

 

 

18.  Ownership and copyright

18.1.      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.

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

18.3.      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.

18.4.      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.

 

19.  Disclaimer

19.1.      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.

19.2.      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.

19.3.      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.

19.4.      Although Offerings and Value Added Services sold from the Krazy Giraffe Website may, under certain specifically defined circumstances, be under warranty, the Website itself and all information provided on the Website is provided “as is”or “sold as is” or “voetstoets” 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.

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

19.6.      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.

 

20.  Linking to third party websites

20.1.      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.

20.2.      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.

 

21.  Limitation of liability

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

21.2.      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.

21.3.      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.

 

22.  Availability and termination

22.1.      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.

22.2.      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.

22.3.      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.

22.4.      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 user 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 Rewards Policy, Section 9 in this regard), and accepts no other liability which may arise as a result of such blacklisting and/or refusal to process any order. All reward points collected/earned/accumulated by you will then be forfeit and you should have no right in law or otherwise to litigate against Krazy Giraffe on the aspect. Krazy Giraffe will have sole discretion on what to do with these forfeited points. This may include, but not limited to, making these points available to other users.

22.5.      If you have a program or any mechanism to automate viewing the advertisements without you actually viewing the advertisement then this will result in 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. All reward points collected/earned/accumulated by you will then be forfeit and you should have no right in law or otherwise to litigate against Krazy Giraffe on the aspect. Krazy Giraffe will have sole discretion on what to do with these forfeited points. This may include, but not limited to, making these points available to other users.

22.6.      Should you engage us on any public platform, including social media, you consent to the disclosure of the reasons or proof of the breach resulting in suspension and/or termination of access, at the sole discretion of Krazy Giraffe.

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

 

 

23.  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.

23.1.      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.

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

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

23.2.2.      by prepaid registered post, will be deemed to have been received on date of receipt;

23.2.3.      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

23.2.4.      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.

24.  Information

24.1.      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:

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

24.1.2.      Main business: Online retailer & Digital Marketing Agency

24.1.3.      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)

24.1.4.      Office bearers: Ubir Kalichuran

24.1.5.       Phone number:

24.1.6.      Email address: support@KrazyGiraffe.com

24.1.7.      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’ information is available in the relevant Product listing and/or via the customer support centre contactable via our Help page support@KrazyGiraffe.com 

25.  General

25.1.      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 user’s right to use the Website or any of its contents subject to us processing any orders then already made by you.

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

25.3.      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.

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

25.5.      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.

25.6.      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.

25.7.      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.