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TERMS & CONDITIONS

Welcome to our online store! Tshepo Jeans (Pty) Ltd and its associates provide their website services to you subject to the following conditions. If you visit or shop within this website, you accept these conditions. Please read them carefully.

PURCHASE TERMS

SHIPPING

We have a 2-3 day turnaround time for the completion of your order upon receipt of payment.

All orders ship from our studio in Victoria Yards (16 Viljoen Street, Lorentzville, Johannesburg, South Africa, 2094).

STANDARD DELIVERY
Delivery Price Estimated delivery time
Standard delivery There is a flat delivery fee of R150 nationwide There is a 5-10 day turnaround time for the completion of your order.

Someone will need to sign for your package at your delivery address. Please note we are not able to deliver to PO Box addresses.

RETURNS AND EXCHANGES

It’s easy to return an item or exchange it for a different size – you can do so at any time within the first 3 days from receiving your order. You will have to bear the costs of return postage.

Items being returned or exchanged should be in ‘as new’ condition, unwashed and unworn and in their original packaging.

To start an exchange or return, email info@tshepojeans.co telling us your order number. We’ll send you instructions on how to send the item back.

FAULTY GOODS

All of our products are produced to the highest quality standards, but manufacturing faults can still occur occasionally. If you think your item has a manufacturing fault, we’ll ask you to return it to us for inspection and replacement. Damage through long term or excessive use is not considered a manufacturing fault.

TERMS AND PRIVACY

The terms and privacy policies on this page are designed to protect us and also protect you. When you use www.tshepo.shop and if you place an order with us through our website, you are agreeing to accept each of these policies.

We may update these policies from time to time. Any changes we make will be published here and, where appropriate, sent to you by email. Please check back frequently to see any updates or changes.

If you have any questions, suggestions or concerns, please email us at info@tshepojeans.co to let us know.

TERMS AND CONDITIONS

1. INFORMATION ABOUT US

    • www.tshepo.shop (“the Website” or “Us” or “We”) is an on online shopping facility enables shoppers to purchase a selection of Tshepo Jeans’ Merchandise (the “Products”) online. Visitors to the Website are welcome, but in order to shop online with us, shoppers (“You”) must be a registered shopper with the Website.
    • The Website is owned and run by Tshepo Jeans (Pty) Ltd (“Tshepo Jeans”).
    • Tshepo Jeans is a company registered in South Africa, company registration number 2019/304361/07. Our registered address is 64 3rd Avenue, Inanda, Johannesburg, Gauteng, 2196. Our VAT number is 4090287584.
    • Tshepo Jeans and the Tshepo Jeans logo are trademarks of Tshepo Jeans.

 

2. TERMS AND CONDITIONS

    1. The terms and conditions set out herein govern the supply by us of any Products ordered by You via the Website and by registering and/or ordering Products via the Website, you agree to be legally bound by such Terms and Conditions.
    2. We reserve the right to amend the Terms and Conditions at any time. All amendments to the Terms and Conditions will be uploaded to the Website. Prior to submitting an Order to us, you must ensure that you are familiar with the current Terms and Conditions which may have been amended since the date of your registration with the Website. Use of the Website will be deemed to constitute acceptance of the amended Terms and Conditions.
    3. Clause headings shall not be used in the interpretation of this agreement.
    4. Unless the context clearly indicates the contrary intention, words importing the singular number shall include the plural and vice versa, and words importing any gender shall include the other genders, and words importing persons shall include corporate bodies and vice versa.
    5. Time periods expressed in terms of days shall be reckoned exclusively of the first and inclusively of the last day unless the last day falls on a Saturday, Sunday or public holiday, in which cast the last day shall be the next succeeding day which is not a Saturday, Sunday or public holiday.
    6. If any definition contains a provision having substantive effect, it shall be given effect to as such.
    7. The following expressions shall have the meanings set out against them:
      • “Account” means the account referred to in clause 1.a for you to conduct online shopping via our site;
      • “Application for Registration” means the application process for registration as a shipper with the Website;
      • “Business Day” means any other day than a Saturday, Sunday or public holiday in South Africa;
      • “Confirmation of Acceptance of Order” means Our written confirmation to You via email of Our receipt of Your Order and acceptance thereof;
      • “Customer” means You;
      • “Order” means an electronic transaction and order submitted to you to purchase a Product from us;
      • “Terms and Conditions” means the terms and conditions applicable to your Orders.
    8. The Terms and Conditions are subject to copyright and the use thereof by any person, whether natural or juristic, without our prior written consent is prohibited.
    9. No terms or conditions submitted by you shall apply to any purchase or Order via the Website unless expressly accepted in writing by us prior to Confirmation of Acceptance of Order having been dispatched.

 

3. PURCHASE PROCESS

    1. REGISTRATION
      1. To place an Order with Us, You must be registered on the Website. Please follow the registration process as directed on the Website.
      2. We reserve the right to cancel your registration with our Website at any time for any reason whatsoever and will immediately do so in the event of any suspected fraud other improper conduct by you in respect of your account with us.
    2. PLACING YOUR ORDER
      1. Place your order as directed on the Website. You will be directed to the checkout which is the step where your order, pricing and delivery information (estimated delivery date and delivery fee) will be confirmed. Prior to final submission of the Order the price payable together with any delivery or other charges payable including the VAT will be itemised and confirmed for you.
      2. You will have an opportunity to review the Order, correct any mistakes and withdraw from the Order before final submission of the Order. It is your responsibility to ensure that your Order is accurate. If you discover that your Order is incorrect, please contact info@tshepojeans.co. We will have no obligation to assist to rectify your error, but may in our sole discretion determine whether or not to assist.
      3. Final submission of the Order constitutes an offer to purchase and you will be entitled to revoke such offer at any time prior to dispatch by Us of the Confirmation of Acceptance of Order, which will constitute acceptance of Your offer. We will have the right to decline to accept any Order for any reason whatsoever and shall not be obliged to supply the Products listed in your Order prior to despatch by Us of the Confirmation of Acceptance of Order. Any correspondence from us that does not state “Confirmation of Acceptance of Order” will not constitute confirmation of your Order. For the sake of clarity, an acknowledgement of receipt confirming the details of your Order will be sent to you prior to the Confirmation of Acceptance of Order.
      4. A legally binding agreement shall be concluded upon despatch of the Confirmation of Acceptance of Order to you via email. The Confirmation of Acceptance of Order will confirm that we accept the Order, receipt of payment, delivery information and estimated date of delivery and provide you with an invoice.
    3. PAYMENT
      1. When submitting the order, you will be able to make payment via credit or debit card. We accept payment by Visa, MasterCard, Maestro International and Visa Electron. We utilise the services of PAYFAST as our agent for processing credit card payments. Their contact details and terms and conditions can be viewed at the following links: https://www.payfast.co.za/end-user-agreementAs well as their privacy policy which can be viewed here: https://www.payfast.co.za/privacy-policy
      2. Your Order will not be processed until we have received cleared payment in full for the Order.
      3. You warrant that you are the duly authorised user of any credit card, the details of which you use to submit payment for any Order and that the account or card used has sufficient funds to pay the Order cost referred to in 3.b.i above in full. You indemnify us against any claims whatsoever regarding the fraudulent use of a credit card or bank account details for the purchase of Products via the Website.
    4. DELIVERY
      1. The delivery fee payable for the Products will be specified in the order process and set out in your Confirmation of Acceptance of Order. Except where the Products have not been dispatched for delivery, delivery fees are not refundable.
        • You will be asked to provide a physical address for the place of delivery of your Order during the ordering process. Deliveries will be made within South Africa Monday to Friday between 08h00 and 17h00 and it is your responsibility to ensure that someone will be available to accept and sign for delivery of your Order. If no one is available to accept delivery of the Products at your physical address, our courier may leave you a notice advising of the attempted delivery and requesting you to contact the courier for delivery arrangements. It will be your responsibility to contact the courier.
        • You will be asked to provide a physical address for the place of delivery of your Order during the ordering process. Deliveries will be made within South Africa Monday to Friday between 08h00 and 17h00 and it is your responsibility to ensure that someone will be available to accept and sign for delivery of your Order. If no one is available to accept delivery of the Products at your physical address, our courier may leave you a notice advising of the attempted delivery and requesting you to contact the courier for delivery arrangements. It will be your responsibility to contact the courier.
        • We will endeavour to deliver the Products to you at your requested place of delivery within the time period specified for each Product and confirmed by us in the Confirmation of Acceptance of Order. The Products will only be dispatched for delivery once full payment for such Products has been received by us and we have dispatched Our Confirmation of Acceptance of Order.
        • In the event that we anticipate that we will not meet our estimated delivery date, we will notify you as soon as is practically possible.
        • If it is not possible for us to deliver your Order to the physical address specified on submission of your Order, we will notify you as soon as possible and request an alternative physical address for such delivery. If no other address is suitable, your Order will be cancelled and any money due to be refunded to you, will be refunded to you as soon as possible.
        • While we will make every effort to ensure that the Products are delivered within the advised time frame, We will not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery of the Products to you.
        • A delivery note signed by you or any person purporting to sign on your behalf, or by anyone else at the agreed place of delivery shall be proof (until the contrary is proved) of the delivery of Products listed thereon, in good condition and as ordered by You. In the event of incorrect supply of Products or different Products from what was ordered, the delivery note must be endorsed by you accordingly and immediately.
        • Any Products delivered to you in error will only be considered for return by the Company provided that such Products are undamaged, have not been tampered within any way and are not defaced in any way.
        • Risk in and to the Products shall pass to you upon delivery of the Products to you. If you are in breach of your obligations in terms of the Terms and Conditions, risk shall pass on the date on which delivery would have occurred but for your breach. On passing of risk, any responsibility for loss or destruction of the Products shall lie with you.

 

4. CANCELLATION AND REFUNDS

    1. YOUR CANCELLATION
      1. You will be entitled to cancel your Order on written notice to us at any time prior to dispatch the Confirmation of Acceptance of Order without payment of a cancellation fee. We will refund any sum due to be returned to you within 5-10 business days of receipt of the written notice by us of such cancellation.
      2. Where the product has been delivered and received in good order and condition, you will be entitled to cancel your Order without payment of a cancellation fee within 3 (three) days of delivery of the Products and provided the Product is unopened and in its original packaging, to claim a refund of money paid in respect of the Products. Any such refund will be paid within 5-10 business days of the date of cancellation.
      3. If the delivery is not received within the specified delivery time frame, and such failure is not due to fault on your part, you may cancel the Order and provided the Product is unopened and in its original packaging, to claim a refund of money paid in respect of the Products. Any such refund will be paid within 5-10 business days of the date of cancellation.
      4. Subject to applicable legislation in particular circumstances, not all cancellations or returns will be approved and may be approved or denied at our discretion based on the particular circumstances.
    2. OUR CANCELLATION
      1. We will be entitled to refuse to accept or process any Order and/or to cancel any Order at any time, in whole or in part, on written notice to you in the following circumstances:
        • Unavailability of the product/s for any reason whatsoever; or
        • Suspected fraudulent conduct in respect of the Order in which event we will refund any monies due to be returned to you within 5-10 business days of written notice to you of such cancellation.
      2. If you are not responsible for the delay in delivery of the Product, then we may on written notice to you cancel the Order with immediate effect and charge you a reasonable fee to recover necessary costs we may have incurred in respect of the failed delivery and cancelled Order. The money paid by you in respect of the Order will be refunded to you less any such fee charged by us to recover costs incurred by us as a result of the cancelled Order.

 

5. PRODUCTS AND THE CONSUMER PROTECTION ACT

    1. We have limited availability of stock on offer via our Website. If we are unable to supply you with the Products as ordered, we will advise you in writing and refund the purchase price of the unavailable Product to you within 48 (forty eight) hours of such notice having been sent to you.
    2. You acknowledge that it is your responsibility to ensure that the Products delivered are correct as ordered and suitable for their purported and general use. We shall take reasonable care to ensure the correctness of supply, but limit our responsibility to the replacement, repair, credit or return of defective or incorrect supply at our discretion and in terms of any applicable provisions of the Consumer Protection Act (“CPA”).
    3. We give no warranties in respect of the Products. However, should the CPA apply to the Order, we give only the following warranties in respect of the Products:
      • We have a title to the Products and the unencumbered right to sell the Products; or repair any Products sold by us, on a return basis only, within a reasonable time, if you notify us in writing of any defects in respect of the Products within 3 (three) business days from the date of sale and such Products are determined by on a good faith inspection thereof, to be defective in respective of materials and/or workmanship.
      • We will not be liable to compensate you for any damages sustained by you whilst the Products are being repaired, nor shall we be liable for any other damages, including consequential damages, relating to the replacement or repair of the Products.
    4. Notwithstanding the provisions of clause 5.c above:
      • Unless you have specifically informed us of the intended use of the Products, we do not warrant that the Products will be fit for the purpose that you intend using the Products;
      • If any defect in the Products, or the components of the Products, relates to alterations contrary to the instructions or after leaving our control, we will not be liable for those defects, including in respect of any possible liability in terms of the implied warranty of quality contained in the CPA;
      • Any warranty provided by us will cease to apply if any material information provided by you, specifically insofar as the intended use of the Products is concerned, is incomplete or incorrect or if there is any material change in operating conditions or any misuse, abuse or material neglect of the Products by you.
    5. Should the CPA apply to the Order, nothing in the Terms and Conditions is intended to or must be understood to unlawfully restrict, limit or avoid your rights or our obligations under sections 54, 55 and 56 of the CPA, which are admitted only to the minimum possible extent. Unless the contrary is stated elsewhere in the Terms and Conditions, the Customer shall have no rights in respect of quality of service, safe & good quality goods or implied warranty of quality beyond those explicitly stated in the aforementioned sections.
    6. We shall provide you with the Products in an undamaged condition and in conformity with the latest information published on our Website at the time of your order.
    7. In the event that a Product we deliver to You is faulty or defective, You are to return the Product to Us within 3 (three) business days of delivery to You and provide Us with your Order information, details of the fault or defect and confirm whether You would like Us to arrange for the Product to be repaired, replaced or refunded. We reserve our rights to not repair, replace or refund for the Product where it is discovered that the Product has been inter alia, misused, abused, neglected, involved in an accident or subjected to fair wear and tear. In the event that we determine that the Product ought not to be repaired, replaced or refunded, we shall, upon written confirmation from You, return the Product to You at your expense.
    8. You are important to us and we undertake to perform our obligations under these Terms and Conditions with reasonable skill and care. If you have any queries or concerns regarding an Order, Product or the Terms and Conditions please contact us and we will do our best to assist you where possible.

 

6. LIMITATION OF LIABILITY

    1. The limitation of liability set out below does not limit any of our obligations or potential liability to you in terms of the Consumer Protection Act 69 of 2008 (“the CPA”) in respect of products sold via the Website or our obligations to ensure that the payment systems used are secure as provided for the in the Electronic Communications Act 25 of 002 (“the ECTA”).
    2. You indemnify us, our representatives and/or agents against liability for any loss or damage of any kind that may arise whatsoever from the use of, including inability to use the Website and/or any refusal by us to accept an Order from You.
    3. While we make every effort to ensure the accuracy of the content of Website, we do not guarantee that the Website content is free from errors or omissions or that the Website will be fully functional and operational at all times. Please advise us if you encounter difficulties with the Website to enable us to rectify any issues
    4. We confirm that your use of the Website is on a voetstoets basis and that it is your responsibility to make the necessary enquires to determine whether or not the Website will be suitable for your purposes.
    5. Nothing on the Website should be regarded as constituting professional advice and we cannot be responsible for any actions you or others take based on the content of our Website. You should seek independent professional advice where necessary.
    6. We shall not be liable to you for any breach or delay in the fulfilment of your Order, arising out of any cause beyond our reasonable control, whether or not such incident could have been foreseen. For the sake of clarity, these would include inter alia, natural disasters and unavoidable incidents, actions of third parties, insurrection, riot, civil commotion, war, hostilities, warlike operations, national emergencies, terrorism, piracy, arrests, restraints or detainments of any competent authority, strikes or combinations or lock-out of workmen, epidemic, fire, explosion, mechanical breakdown, third party software, failure or problems with public utility supplies (including electrical telecoms or Internet failure) regardless of whether the circumstances in question could have been foreseen.

 

7. DISPUTES
Except in the event that urgent or interim relief is required to be sought from a court having the necessary jurisdiction, should a dispute arise between the parties that cannot be resolved by the negotiation by the parties, the dispute shall be submitted to arbitration. Any arbitration arising out the Terms of Conditions shall be confidential and shall be conducted in accordance with the expedited rules stipulated by the Arbitration Foundation of South Africa which rules can be downloaded from www.arbitration.co.za/download/expedited_rules.pdf

 

8. VOUCHERS AND PROMOTIONAL COUPONS

    1. Terms and conditions applicable for the use of vouchers and promotional coupons will be set out on the voucher or promotional coupon and will stipulate the period of validity, products it may be used to purchase and whether it may be used together with any other voucher or promotional coupon.
    2. We may, from time to time, email vouchers and or promotional coupons to registered users or no-users of the Website. We do not accept any liability for non-delivery of any such voucher of promotional coupon to you and you shall have no claim against us for any voucher or promotional coupon that you do not receive.
    3. You will not be entitled to claim any refund, whether in part or whole, from us or any other amount in respect of any voucher and or promotional coupon, which shall not have a cash value.

 

9. ELECTRONIC COMMUNICATION
When registering for an account with the Website, sending an email to us or signing up for any correspondence or communication with us, you acknowledge that you are agreeing to receive electronic communication from us. If you no longer wish to receive such communication please advise us in writing to info@tshepojeans.co

 

10. NOTICES

    1. We elect as our address for all purposes regarding the Terms and Conditions, the following address: Unit 8F, Victoria Yards, 1 Viljoen Street, Lorentzville, Johannesburg, Gauteng, 2094
    2. You elect as your address for all purposes regarding the Terms and Conditions, the address provided in your application for registration with the Website.
    3. Both parties will be entitled from time to time by written notice to the other part to change our respective domicilium addresses to any other addresses with South Africa, provided that the addresses shall always be a street address at which the service of legal processes can be affected.
    4. Any notice which:
      • Is delivered by hand at the addressee’s street address domicilium shall be deemed to have been received by the addressee at the time of delivery; or
      • Is posted by prepaid registered post from an address within South Africa to the addressee at the domicilium shall be presumed, until the contrary is proved by the addressee, to have been received by the addressee on the seventh day after the date of posting; or
      • If transmitted by email to the addressee at the domicilium shall be deemed to have been received by the addressee on the date of transmission or, if the transmission is made out of normal business hours, on the first business day following after the date of transmission.

PRIVACY & SECURITY

PRIVACY POLICY

This website (“Tshepo Shop” or “the Site”) is operated by Tshepo Jeans (Pty) Ltd. This privacy policy only covers information collected at this website, and does not cover any information collected offline by Tshepo Jeans. All Tshepo Jeans websites are currently covered by this privacy policy

 

SECURITY

The Company is committed to protecting the security of your personal information that you give us when registering on the Site and ordering Products. The Company’s staff who have access to the Site and your personal information have contractually committed to keeping your personal information confidential. The Company uses a variety of security technologies and procedures to help protect your personal information from unauthorised access, use, or disclosure. The www.tshepo.shop Online Site is secured by:

    1. A Thawte SSL Certificate
    2. Intrusion detection and firewall software

Your personal information is stored on computer servers that are located in access controlled environments. When the Company transmits sensitive personal information (such as Credit Card information) over the Internet, our service provider protects the information through the use of encryption. The processing of your Credit Card and personal information for payment purposes is outsourced by the Company to a third party, who specialises in processing payments securely. That third party is contractually bound to maintain the confidentiality of your personal and Credit Card information. They are prohibited from using that information for any other purpose.

 

PRIVACY POLICY

Your privacy is very important to us.

The Company will keep your personal information strictly confidential and will not disclose your personal information to third parties, unless you agree.

Your use of the Site signifies your consent to us collecting and using your personal information, in accordance with this Policy. Your personal information as well as your Credit Card information will be used by the Company only for the specific purpose for which it was provided, for example to process your order and debit your Credit Card, unless the Company is permitted or required to do so by law.

The www.tshepo.shop Online Site may collect certain information about your visit, such as the Internet Protocol (IP) address through which you access the Internet, the date and time you access the Site as well as the pages that you visited. Site-visit data is used, inter alia, to analyse trends, determine market segmentation and help improve the Tshepo Jeans Online Site, for example by making it easier to use.

We may use your personal information to validate you as a customer when purchasing Products on the Site, to confirm that Products have been delivered to you, or to prevent and detect criminal activity (including fraud). We may also use the personal information that we collect to contact you by post, telephone (including text message) or e-mail to inform you about changes to the Tshepo Jeans Online Site or to the Agreement, or to give you information about security matters relating to your use of the Site.

The Company or its agents may, with your permission, also use your personal information to contact you via telephone, post, email or text message about promotions and special offers. You are entitled, at any stage, to opt out of this service.

When you sign up for a newsletter or agree to receive e-mail from Tshepo Jeans, the Company may use customised links or similar technologies to track e-mail links that you click. The Company may associate that information with your personal information in order to provide you with more relevant Product and promotional information.

The time periods for which we keep your personal information may vary accordingly to the purpose for which we collected the information. We will not keep your personal information for longer than necessary, taking into account the purpose for which the information was collected or for which it is to be processed, unless the Company is required to do so by law.

Although the Company may provide aggregate statistics about Tshepo Jeans’ sales, customers, traffic patterns and other Site information to third parties, these statistics will not include any information that could personally identify you.

The Company uses third parties to provide certain services (for example courier services and processing of Credit Card payments). The Company provides your personal information to these service providers. The service providers will process your personal information, but are not obliged to keep that information confidential.

 

COOKIES, WEB BEACONS, AND HOW WE USE THEM

A cookie is a piece of information stored by your Internet browser on your computer’s hard drive. A cookie can contain your name, details of the Products you previously bought on the Tshepo Jeans Online Site as well as your payment information in an encrypted format.

That information can be used to recognise you as a customer when you next visit the Tshepo Jeans Online Site, to speed up your identification and process your orders faster.

The Site makes use of “cookies” to minimise the possibility of unauthorised access to and disclosure of your personal information.

Most computers should provide you with the ability to prevent the Site from accessing this information by disabling your cookies in your Internet browser options.

 

ONLINE ACCOUNT REGISTRATIONS

To make online shopping faster and easier, you may register on the Tshepo Jeans Site. As a registered customer, you only have to enter your shipping addresses and billing information once; they will be securely stored with us for your future use. Using your name and a password of your choice, you may access your account online at any time to add, delete or change information.

If you are using a public computer, we strongly encourage you to LOG OUT at the conclusion of your session. Your information will still be stored with us but it will not be accessible to anyone else from that computer.

ACCEPTANCE

By using this website, you accept the policies set forth in this Privacy Policy.

 

ANY QUESTIONS

We’ll be happy to provide additional information or answer any questions. Please email info@tshepojeans.co

DISCLAIMER

DEFINITIONS

Unless the context requires another meaning:

    1. “information” includes text, data, images, illustrations, software and other material forming part of the information services;
    2. “the information service” means the information contained in the web site or any part thereof;
    3. “the website” means Tshepo Jeans’ Online Store, the website located at www.tshepo.shop, includes any part of the website;
    4. “third party website” means a website maintained by parties other than Tshepo Jeans which can be accessed by hyperlink from the website;
    5. “Tshepo Jeans” means Tshepo Jeans (Pty) Ltd and its subsidiaries and affiliates duly incorporated in terms of the laws of South Africa.

 

PURPOSE

These terms and conditions form an agreement between yourself and Tshepo Jeans. Accessing and using the information services constitutes the agreement. The information service, including any new information added to the information service from time to time, is provided subject to these terms and conditions. The terms and conditions may be amended without notice to you. Accessing and using the information services after an amendment to the terms and, constitutes acceptance of the amended terms and conditions.

OWNERSHIP

The website is owned and managed by Tshepo Jeans; duly incorporated in terms of the laws of South Africa. Certain information contained on the website has been provided by third parties and is owned by those parties.

AMENDMENT

The information contained herein, including but not limited to, any information posted in any public area or chat room, may be amended, modified, updated, substituted, suspended or deleted at any time without notice.

ACCEPTABLE USES

The information may be downloaded to a local hard disk, printed or reproduced for personal non-commercial use.

Provided that the source must be acknowledged where the information is used for personal non-commercial purposes.

PROHIBITED USES

The following uses of the information services are prohibited without prior express written permission from Tshepo Jeans:

      1. Copying, distribution or display of the information beyond what may legally construed as personal non-commercial use
      2. Publication, broadcasting or sale of the information
      3. Use of the information in any manner which infringes any copyright or proprietary interests of Tshepo Jeans or any third parties
      4. Systematic downloading of the information using automated data retrieval programs
      5. Copying, incorporating or storing the information in another website, an electronic retrieval system or other publication in any form, whether hard copy, electronic or otherwise and framing of the website

The following uses are prohibited:

The sending or posting of any message or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful vulgar, obscene, sexually orientated, racially offensive, liability, damage or expense of whatsoever nature which Tshepo Jeans or any third party may suffer which arises out of or is in connection with, whether directly or indirectly, your use of the website to send or post any such message or material.

INTERRUPTIONS

Electronic communication and the Internet are inherently unstable and prone to interruptions and failure.

This website will be subject to both scheduled and ad hoc maintenance and updates which may lead to interruptions in the delivery of the content of the site.

Tshepo Jeans does not warrant, guarantee or represent that the information service will be provided uninterrupted, without failures of error-free.

VIRUSES AND OTHER HARMFUL CONTENT

The threat of viruses and other harmful content is inherent to electronic communication.

Tshepo Jeans does not warrant, guarantee or represent that the website or information is free of viruses or other harmful content. You must take the necessary precautions to protect yourself against viruses and other harmful content.

Tshepo Jeans is not responsible for any loss or damage however arising from the infection by viruses or other harmful content of your computer or computer systems, whether as a result of accessing, browsing or downloading the information or otherwise.

In the event of any virus or malicious code being detected on the website the website, or parts thereof as need be, will be shut down until such time as the virus or malicious code has been eradicated and you shall have no claim against Tshepo Jeans as a result of such shutdown.

LINKS TO THIRD PARTY WEBSITES

The website contains hypertext links to websites maintained by individuals and organisations other than Tshepo Jeans.

Links are provided for convenience.

Tshepo Jeans:

      1. Has no control over the third-party websites or their content
      2. Does not endorse or approve the content of third-party websites
      3. Makes no warranty or representation regarding the accuracy, timeliness, completeness, suitability, adequacy or any other aspect of the information contained on third party websites

By accessing links to a third-party website, you:

      1. Do so at your own risk
      2. Undertake to comply with the terms and conditions of use of such website
      3. Undertake to refrain from infringing the copyright and other intellectual property rights of third parties in respect of such website
      4. Indemnify Tshepo Jeans and hold it harmless against all loss, liability, damage or expense of whatsoever nature arising out of or in connection with your accessing of such website
      5. No hyper-text links shall be created from any website controlled by you or otherwise to this website without the express written permission of Tshepo Jeans.

ACCURACY, TIMELINESS ETC

Care has been taken to ensure that the information services are accurate and up to date.

However, Tshepo Jeans does not guarantee accuracy, timeliness, completeness, suitability or adequacy of the information.

No representation or warranty is provided regarding the:

      1. Accuracy
      2. Timeliness
      3. Completeness
      4. Suitability
      5. Adequacy
      6. Or any other aspect of the information and/or content contained in the website

Tshepo Jeans shall not be bound in any manner by any information contained on the website.

No warranties of fitness for a particular purpose are provided. The information is provided “as is” and “as available” without any warranty of any kind.

LIABILITY

For the reasons given above, Tshepo Jeans disclaims and has no liability for all loss or damage, direct, special, consequential or otherwise, personal injury or expense of whatsoever nature, arising out of or in connection with the use of or reliance on the information or website and you hereby indemnify Tshepo Jeans and hold it harmless against all loss, liability, damage, direct, special, consequential or otherwise or personal injury or expense of whatsoever nature which may be suffered by you or such third party arising out of or in connection with the use of, or reliance on the information or the website.

COPYRIGHT

Unless otherwise stated:

      1. The website
      2. The general design of the website
      3. The information

Are protected by copyright or other intellectual property rights, which remain the exclusive property of Tshepo Jeans.

Trade marks, logos and other intellectual property displayed on this site are registered and unregistered marks of Tshepo Jeans or the registered and unregistered marks of third parties represented on the site and they are the property of Tshepo Jeans or the third parties as the case may be and may not be used without prior express written permission from Tshepo Jeans, where applicable, or the owner.

Trademarks and copyright notices, and related visual marks and logos, may not be removed from the information or any authorised reproduction of the information.

The information may be used only for the acceptable uses mentioned above. Any unauthorised use may violate copyright, trademark and other laws, making you liable under both civil and criminal law.

EMAIL

Unprotected email is subject to possible interception, alteration or loss.

USER INFORMATION IS GATHERED

Information regarding the operating systems, browsers and IP origins of the users of this website is collected for statistical reporting purposes. No personal information regarding the users of this website is obtained aside from that which is freely given by the user when subscribing to the email leaflets. This information, namely email addresses, will not be given or sold to any third parties and will be used solely for the purposes of sending the aforementioned email leaflets.

GENERAL

      1. These terms of use constitute the sole record of the agreement between you and Tshepo Jeans in relation to the subject matter hereof. Neither you nor Tshepo Jeans shall be bound by any express tacit or implied representation, warranty, promise or the like not recorded herein. These terms of use supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and Tshepo Jeans in respect of the subject matter hereof. No addition to, variation or agreed cancellation of any provision of these terms of use shall be binding upon either you or Tshepo Jeans unless agreed to by Tshepo Jeans. No indulgence or extension of time which either you or Tshepo Jeans may grant to the other will constitute a waiver of or, whether by estoppel or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights.
      2. Tshepo Jeans shall be entitled to cede, assign and delegate all or any of its rights and obligation in terms of use to any third party.
      3. All provisions of these terms of use are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of these terms of use which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions of these terms of use shall remain in full force and effect.

APPLICABLE LAW

This agreement is governed by and interpreted in terms of the laws of South Africa.