Terms of Service

Caracal, and the website caracal.co.za owned and operated by Turnkey Commerce (Pty) Ltd. Throughout the website, the terms “we”, “us”, “our” and "Caracal" refer to Caracal owned and operated by Turnkey Commerce (Pty) Ltd. Caracal offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting the Caracal site and/ or purchasing something from Caracal, you engage in Caracal's terms of service, and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using the Caracal website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. 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 of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. Caracal reserves the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to the Caracal 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.

The Caracal store is hosted on Shopify Inc. Shopify Inc provides Caracal with the online e-commerce platform that allows us to sell Caracal products and services to you.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given Caracal your consent to allow any of your minor dependents to use this site.

You may not use Caracal products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

The offering on Caracal's website is available to South African clients only. Caracal reserves the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Any reviews submitted to this website by can be used for marketing purposes.

By inserting your email and phone number into pop-ups, spin to win promotions or in any form on this website, you expressly consent to receiving marketing text messages from Caracal at the telephone and email address that you have provided.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

Caracal is not responsible if information made available on this site 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. Caracal reserves the right to modify the contents of this site at any time, but Caracal has no obligation to update any information on the Caracal site. You agree that it is your responsibility to monitor changes to Caracal's site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for Caracal products are subject to change without notice. Caracal reserves the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

Caracal shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to the Caracal Return Policy. Caracal has made every effort to display as accurately as possible the colors and images of Caracal products that appear at the store. Caracal cannot guarantee that your computer monitor's display of any color will be accurate.

Caracal reserves the right, but are not obligated, to limit the sales of Caracal products or Services to any person, geographic region or jurisdiction. Caracal may exercise this right on a case-by-case basis. Caracal reserves the right to limit the quantities of any products or services that it offers. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. Caracal reserves the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

Caracal does not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

Caracal reserves the right to refuse any order you place with us. Caracal may, in its sole discretion, limit or cancel quantities purchased per person, 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 Caracal makes a change to or cancel an order, Caracal may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. Caracal reserves the right to limit or prohibit orders that, in Caracal's 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 at the Caracal store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that Caracal can complete your transactions and contact you as needed.

The provision of goods and services by Caracal is subject to availability. In cases of unavailability, Caracal will refund the client in full within 5 business days.

SECTION 7 - OPTIONAL TOOLS

Caracal may provide you with access to third-party tools over which Caracal neither monitors nor has any control nor input.

You acknowledge and agree that Caracal provides access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. Caracal shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your 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).

Caracal may also, in the future, offer new 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 of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and services available via Caracal Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. Caracal is not responsible for examining or evaluating the content or accuracy and Caracal does 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.

Caracal are 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. Please review carefully 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.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at Caracal's request, you send certain specific submissions (for example contest entries) or without a request from Caracal you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that Caracal, may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. Caracal is and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

Caracal may, but have no obligation to, monitor, edit or remove content that Caracal determines in its sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous 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 Service or any related website.

You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead Caracal or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. Caracal takes no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by Caracal's Privacy Policy. To view Caracal's Privacy Policy.

Caracal shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, "personal information" shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The

PAIA may be downloaded from: http://www.lawsofsouthafrica.up.ac.za/index.php/current-legislation.

SECTION 11 - PAYMENT

Caracal's outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR).

Customer details will be stored by Caracal separately from card details which are entered by the client on DPO PayGate’s secure site. For more detail on DPO PayGate refer to www.paygate.co.za.

Card transactions will be acquired for Caracal via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. DPO PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website.

Users may go to www.paygate.co.za to view their security certificate and security policy.

Payment may be made via Visa, MasterCard, Diners or American Express Cards or by bank transfer into the Caracal's bank account, the details of which will be provided on request.

SECTION 12 - DELIVERY

Subject to availability and receipt of payment, requests will be processed within 2 days and delivery confirmed by way of a tracking number. Delivery may take up to 5 working days for outlying areas.

Delivery is free for orders more than R1000, or R99 for orders R999 and less.

SECTION 13 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on the Caracal site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability.

Caracal reserves the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

Caracal undertakes no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 14 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:

(a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate Caracal's intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) 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 Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.

Caracal reserves the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 15 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

Caracal does not guarantee, represent or warrant that your use of Caracal's service will be uninterrupted, timely, secure or error-free. Caracal does not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

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

You expressly agree that your use of, or inability to use, the service is at your sole risk.

The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Caracal, Caracal's 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, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, 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.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, Caracal's liability shall be limited to the maximum extent permitted by law.

SECTION 16 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Caracal and Caracal's parent, 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 your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 17 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

SECTION 18 - GOVERNING LAW

These Terms of Service and any separate agreements whereby Caracal provides you Services shall be governed by and construed in accordance with the laws of the Republic of South Africa.

This website is governed by the laws of South Africa and Caracal chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature:

Turnkey Commerce (Pty) Ltd T/A Caracal
PO Box 2112
Westville
3630

SECTION 19 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

Caracal reserves the right, at Caracal's sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to Caracal's website.

It is your responsibility to check Caracal's website periodically for changes. Your continued use of or access to Caracal's website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION

Email: contact@caracal.co.za.
Address: Turnkey Commerce (Pty) Ltd T/A Caracal, PO Box 2112, Westville, 3630, South Africa
Phone: +27 076-709-4960