IMPORTANT NOTICE:
Please read these terms of use carefully. Use of this web site constitutes the following:
- You, the User, acknowledge and understand that by accessing and using this web site, you agree to these terms of use.
- Your use of this site and any of the services offered on this web site will be subject to the most current version of these terms of use posted on the site at the time of such use.
- When you subscribe to or utilise the services offered by us on this web site, you are entering into a legally binding and enforceable agreement with us and you are acknowledging that you have read, understood and accept these terms of use.
- When you subscribe to or utilise the services offered by us on this web site, you warrant that you are 18 or over, alternatively that you have your parents’ or legal guardians’ authorisation, consent and permission to use the services, participate in our activities and to be bound by these terms and conditions.
- If you do not accept these terms of use, you may not use any of the services available via this site.
We may change any of these terms from time to time without further notice. Such changes will take effect as and when published. Therefore, you should keep up-to-date with their content and read these terms of use at all times prior to using this site since the then current version of the terms will apply to your use. By utilising any of the services offered on this site or concluding any transaction via this site, you indicate that you have done so.
Should you have any questions regarding this site’s terms of use, please send an e-mail to us at [email protected] or submit it online from our Contact Us page.
Introduction
Jippee, (“we,” or “us”) owns or maintains the website and online service of www.jippee.co.za and any other websites we may acquire or maintain in the future (our “Site”). This page (together with the documents referred to on it) explains the terms by which you may use our Site and software provided on or in connection with the service (collectively the “Service”) in order to purchase any products from our Site or to subscribe to our Services. By accessing or using the Service or purchasing any of the products listed on our website, you signify that you have read, understood, and agree to be bound by this Terms of Use Agreement (“Agreement”) and to the collection, use and disclosure of your personally identifiable information as set forth in the Jippee Privacy Policy, whether or not you are a registered user of our Service.
We reserve the right to amend this Agreement at any time by notifying you as provided in this Agreement, provided that no notice shall be required for non-substantive changes to the Agreement. If we substantively amend this Agreement, we will give you at least seven (7) days notice before the changes take effect, during which period of time you may reject the changes by terminating your account and immediately discontinuing use of the Service. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Use. If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) the Service. This Agreement applies to all visitors, users, and others who access the Service (“Users”).
Jippee provides a place for you to subscribe to receive quality educational toys. Our site is only intended for use by people residing in South Africa and we do not accept orders from individuals outside South Africa.
Eligibility
You may use the Service only if you can form a binding contract with Jippee, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Service by anyone under 18 is strictly prohibited and in violation of this Agreement. The Service may not available to any Users previously removed from the Service by Jippee.
Jippee Accounts and Ordering
Your Jippee customer account gives you the ability to order and purchase a subscription to receive products manufactured by third parties and sold by Jippee, and to have access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of Users. If you open a Jippee account on behalf of a company, organisation, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorised representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf. By connecting to Jippee with a third-party service, such as a social media service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials from that service.
You may never use another User’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must notify Jippee immediately of any breach of security or unauthorised use of your account. Jippee will not be liable for any losses caused by any unauthorised use of your account.
You may control your User profile and how you interact with the Service by changing the settings in your customer account page. By providing Jippee your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out or change your preferences in your customer account page. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
Placing an Order for Products
You may choose to purchase products from our Site and you begin by placing an order for the desired products through our Site. After placing an order on our standard order form, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that your subscription to our Service has been accepted. (“Confirmation”). The contract between us (“Contract”) will only be formed when we send you the Confirmation. The Contract will relate only to the 3 month subscription for which you have subscribed, and will renew as permitted by the terms outlined herein. We will not be obliged to supply any other products which may be beyond the expiration date of your initial subscription period or renewal period. All products ordered through our Site shall be subject to the payment processes described in Section 8 below.
Subscription Plans
You may choose to subscribe to a subscription plan through the Service. The subscription plan to our Service consists of an initial charge which is approved by you, and then renewals of the 3 month subscription at your election. By entering into this Agreement, you acknowledge that your subscription has an initial payment feature and you accept responsibility for all charges prior to cancellation. We may submit periodic charges (e.g., monthly renewal) without further authorisation from you, until you provide prior written notice that you wish to terminate this authorisation or wish to change your payment method. Such notice will not affect charges submitted before we reasonably could act. To terminate your authorisation or change your payment method please email us at [email protected]. You can cancel your subscription at any time. You will be charged a fee for any cancellation, but will be entitled to a pro-rata refund of your monthly subscription charge based on the number of shipments you have received prior to the time of your cancellation notice. We must receive your cancellation request one month prior to our shipment month. You can re-subscribe at any time following your cancellation, but we reserve the right not to permit re-subscription where we have previously elected to terminate a subscription by you. Following your initial subscription period, your subscription will be automatically extended for successive renewal periods of 3 months, at the then-current non-promotional subscription rate. To cancel your subscription, you must email us at [email protected] and we will do it for you. We reserve the right at our absolute discretion not to renew your subscription at any time without giving any reasons for our decision.
Billing Policies, Payments and Refunds
1. Billing Policies
Subscription plans are provided for a fee. If you elect to use paid aspects of the Service, you agree to the pricing and payment terms quoted on our Site and as we may update them from time to time. Jippee may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion. Payment for all products purchased through our Site must be by Debit Order (Sage).
2. Refunds
You may cancel your Jippee subscription plan twenty (20) working days prior to when any Product under a subscription plan is due for shipment. If you do not cancel your subscription plan within this twenty (20) day window, the cancellation takes effect the following month. In the event that Jippee suspends or terminates your account or this Agreement for your breach of this Agreement, you understand and agree that you shall receive no refund or exchange for any unused time on a subscription, any license or subscription fees for any portion of the Service, any content or data associated with your account, or for anything else.
3. Risk of Loss and Title
All products purchased via the Service are transported and delivered to you by an independent carrier not affiliated with, or controlled by, Jippee. The risk of loss for such products passes to you when Jippee or our supplier delivers these items to the carrier. Title to products purchased on the Service passes to you when we deliver products to the carrier for delivery.
4. Payment Information; Taxes
All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
5. Debit Order Mandate and Auto-Renewal
Upon confirmation of the order and terms and conditions, I/We (the client) hereby authorise Jippee to issue and deliver payment instructions to the bank for collection against my/our abovementioned account at my/our above mentioned bank (or any other bank or branch to which I/We may transfer my/our account) on condition that the sum of such payment instructions will never exceed my/our obligations as agreed to in the Agreement, and commencing on the commencement date and continuing until this Authority and Mandate is terminated by me/us by giving Jippee notice in writing of no less than 20 ordinary working days, and sent by prepaid registered post or delivered to Jippee’s address indicated above.
The individual payment instructions so authorised to be issued must be issued and delivered as follows:
On the specified day (“payment day”) of each and every month. In the event that the payment day falls on a Saturday, Sunday or recognized South African public holiday, the payment day will automatically be the very next ordinary business day. Further, if there are insufficient funds in the nominated account to meet the obligation, Jippee is entitled to track my account and re-present the instruction for payment as soon as sufficient funds are available in my account;
I/We understand that the withdrawals hereby authorised will be processed through a computerized system provided by the South African Banks and I also understand that details of each withdrawal will be printed on my bank statement. Each transaction will contain a number, which must be included in the said payment instruction and if provided to you should enable you to identify the Agreement. I/We shall not be entitled to any refund of amounts which you have withdrawn while this authority was in force, if such amounts were legally owing to you.
MANDATE
I/We acknowledge that all payment instructions issued by Jippee shall be treated by my/our above mentioned bank as if the instructions had been issued by me/us personally.
CANCELLATION
I/We agree that although this Authority and Mandate may be cancelled by me / us, such cancellation will not cancel the Agreement. I / We shall not be entitled to any refund of amounts which you have withdrawn while this authority was in force, if such amounts were legally owing to Jippee.
ASSIGNMENT
I / We acknowledge that this Authority may be ceded to or assigned to a third party if the agreement is also ceded or assigned to that third party, but in the absence of such assignment of the Agreement, this Authority and Mandate cannot be assigned to any third party.
AUTO – RENEWAL
Payments shall be processed through our licensed payment processor (Sage). Jippee reserves the right to withhold payment or charge back to your account any amounts otherwise due to us under this Agreement, or amounts due to any breach of this Agreement by you, pending Jippee’s reasonable investigation of such breach. To ensure proper payment, you are solely responsible for providing and maintaining accurate contact and payment information associated with your account, which includes without limitation applicable tax information. You understand and accept that, unless otherwise expressly stated, our Service is a subscription that operates on an auto-renewal basis such that your payment instrument will be assessed the monthly fee after the conclusion of your initial subscription package. All payments made are non-refundable. You agree to pay all applicable taxes or charges imposed by any government entity in connection with your participation in the Service. If you dispute any payment made hereunder, you must notify Jippee in writing within twenty (20) days of such payment. Failure to so notify Jippee shall result in the waiver by you of any claim relating to such disputed payment. Payment shall be calculated solely based on records maintained by Jippee. No other measurements or statistics of any kind shall be accepted by Jippee or have any effect under this Agreement. We may withhold any taxes or other amounts from payments due to you as required by law.
No Warranty
THE SERVICE, PRODUCTS AND MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, PRODUCTS AND MATERIALS ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM JIPPEE OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, JIPPEE, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.
JIPPEE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE JIPPEE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND JIPPEE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL JIPPEE, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL JIPPEE BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JIPPEE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL JIPPEE, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO JIPPEE HEREUNDER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF JIPPEE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
The Service is controlled and operated from its facilities in South Africa. Jippee makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable South African and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by South Africa, or are a foreign person or entity blocked or denied by the South African government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in South Africa.
No Professional Advice
Any product or other information (for example, product guidelines, age suggestions, or other claims) is for informational purposes only and should not be construed as professional advice. No action should be taken based upon any information contained in the Service. You should seek independent professional advice from a person who is licensed and/or qualified in the applicable area.