1. ACCEPTANCE OF TERMS
This website is operated by carvibe (referred to as “we,” “us,” and “our”). By accessing, browsing, or purchasing from this site, you, the user, engage in our “Service” and agree to be bound by these terms and conditions (“Terms of Service,” or “Terms”), including all referenced policies (such as the Privacy Policy and Returns Policy). These Terms apply to all users of the site, including browsers, customers, and merchants.
By accessing or using any part of the site, you agree to these Terms of Service. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any services.
1.1 Modifications
We reserve the right to update, change, or replace any part of these Terms of Service at any time by posting changes to our website. It is your responsibility to check this page periodically for updates. Your continued use of the website following the posting of any changes constitutes acceptance of those changes.
2. USE OF OUR SERVICE
2.1 Eligibility and Conduct
By agreeing to these Terms, you confirm that you are at least the age of majority in your jurisdiction of residence. You may not use our products for any illegal or unauthorized purpose, nor may you violate any laws in your jurisdiction (including copyright laws). A breach of any Term will result in the immediate termination of your Services. We reserve the right to refuse service to anyone for any reason at any time.
2.2 Prohibited Uses
You are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to violate any regulations, rules, laws, or local ordinances; (c) to infringe upon our intellectual property rights or the rights of others; (d) to harass, abuse, insult, harm, defame, slander, or discriminate; (e) to submit false or misleading information; (f) to upload or transmit viruses or any other malicious code; (g) to collect or track the personal information of others; (h) to spam, phish, or scrape; or (i) to interfere with the security features of the Service.
3. PRODUCTS, PRICING, & ORDERING
3.1 Product and Price Modifications
Prices for our products are subject to change without notice. We reserve the right to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.
3.2 Product Accuracy and Limitations
We have made every effort to display product colors and images accurately, but we cannot guarantee that your monitor’s display will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, region, or jurisdiction. We reserve the right to discontinue any product at any time.
3.3 Accuracy of Information
We are not responsible if information made available on this site is not accurate, complete, or current. Any reliance on the material on this site is at your own risk. This site may contain historical information which is provided for your reference only.
3.4 Shipping and Risk of Loss
All purchases of physical items from carvibe are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier (Courier Guy). We are not responsible for packages lost, damaged, or stolen once they are delivered to the shipping carrier.
4. BILLING, ACCOUNTS, & CANCELLATION
4.1 Order Refusal and Limitations
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, household, or order. These restrictions may include orders placed under the same customer account, the same credit card, and/or orders that use the same billing/shipping address.
4.2 Account Information
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your information, including your email address and credit card details, so that we can complete your transactions and contact you as needed.
4.3 Data Handling
Your submission of personal information through the store is governed by our Privacy Policy (see Section 10). Credit card information is always encrypted during transfer over networks.
5. INTELLECTUAL PROPERTY RIGHTS
5.1 Ownership
All content on the site, including text, graphics, logos, images, audio clips, digital downloads, data compilations, and software, is the property of carvibe or its content suppliers and is protected by copyright laws and treaties.
5.2 Restrictions
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, without express written permission by us.
5.3 User Submissions
If you send us creative ideas, suggestions, proposals, plans, or other materials (collectively, ‘Comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use those Comments in any medium. You are solely responsible for any Comments you make and their accuracy, and you warrant that your Comments will not violate any right of any third party, including copyright, trademark, privacy, or proprietary right.
6. THIRD-PARTY LINKS AND TOOLS
We may provide access to optional third-party tools and links over which we neither monitor nor have any control. You acknowledge that we provide access to such tools “as is” and “as available” without any warranties or endorsements. Your use of optional tools offered through the site is entirely at your own risk and discretion.
Third-party links on this site may direct you to websites not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites. We are not liable for any harm or damages related to the purchase or use of goods, services, or resources made in connection with any third-party websites.
7. DISCLAIMERS AND LIMITATION OF LIABILITY
7.1 Disclaimer of Warranties
We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free. The service and all products and services delivered to you through the service are 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 of merchantability, fitness for a particular purpose, durability, title, and non-infringement.
7.2 Limitation of Liability
In no case shall carvibe, our directors, officers, employees, affiliates, agents, contractors, 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 lost profits, lost revenue, lost savings, loss of data, or replacement costs, arising from your use of any of the service or any products procured using the service. Our liability shall be limited to the maximum extent permitted by law.
8. GOVERNING LAW, DISPUTE RESOLUTION, & GENERAL PROVISIONS
8.1 Governing Law
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Republic of South Africa.
8.2 Dispute Resolution (Arbitration)
Any dispute or claim relating in any way to these Terms of Service or your use of the Service will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages).
8.3 Severability
If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision shall be deemed to be severed from these Terms of Service, and this shall not affect the validity and enforceability of any other remaining provisions.
8.4 Entire Agreement
These Terms of Service constitute the entire agreement between you and us, superseding any prior or contemporaneous agreements, communications, and proposals.
9. CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@carvibe-sa.co.za.