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Crypto Coffee Terms of Use

Version 1.0

IMPORTANT NOTICE

By using the Crypto Coffee website (herein “Website”), you acknowledge that you have read, understand, and agree to be bound by these terms and conditions (herein “Terms”). If you do not understand and agree to these Terms or are not legally entitled to do so, then you may not access or use the Website.

1. Terms of Use

1.1. The Website is operated by Crypto Coffee (Pty) Ltd (herein “Crypto Coffee”).

1.2. These Terms govern your access to and use of the Website, as well as the ordering, sale, and delivery of goods advertised on the Website (herein “Goods”).

1.3. Your special attention is drawn to the paragraphs in these Terms marked in bold, as such clauses may be onerous in nature.

1.4. We reserve the right to revise these Terms from time to time, with the revised Terms taking effect on the date of its publication on the Website. It is your responsibility to stay informed of all such changes, and your continued use of the Website will constitute your deemed acceptance to be bound by such changes.

2. About Us

2.1. For complete transparency we disclose the following information to you:

  • Full name and legal status: Crypto Coffee (Pty) Ltd.
  • Place of registration: South Africa
  • Main business: Online retail of coffee and related products
  • Office bearers: CEO – Arno Visser
  • Physical address where we will receive legal service of documents: Unit 12, Fairview Centre, Somerset West, Cape Town, South Africa
  • General email address: info@cryptocoffee.com

3. Registration and Security

3.1. In order to make use of certain services offered on the Website, you may be required to create a user account by choosing a unique username and a password (herein “Login Credentials”), as well as certain other information necessary or expedient for us to make the Website available to you.

3.2. Should your information change, please update it on our Website, otherwise, we shall presume that your information is accurate and place reliance thereon.

3.3. Traffic between yourself and our website will be authenticated and encrypted using generally accepted secure socket layer (i.e., SSL) certificate and encryption technology.

3.4. You acknowledge and agree that:

  • you are responsible for keeping your Login Credentials confidential;
  • we will rely on your Login Credentials to verify your identity on the Website; and
  • you will notify us immediately of any unauthorized access to and/or use of your Login Credentials in writing, failing which we may deem any action on our Website authenticated with your Login Credentials as having been done by you.

4. Stock Availability and Orders

4.1. We cannot guarantee the availability of Goods, despite advertising a particular item on our Website.

4.2. Goods in stock may be purchased from us via our Website by placing an order and making payment therefor to us as directed on our Website (herein “Order”).

4.3. If we do not have stock of the Goods on your Order or are unable to fulfill your Order, we will notify you of the part of the Order we are unable to fulfill without delay and refund the relevant payment within 30 (thirty) calendar days.

4.4. You may access and view a full record of your Orders via our Website using your Login Credentials.

4.5. We reserve ownership of all goods sold until fully paid for.

5. Payment

5.1. Payment for orders placed must be made by way of our third-party payment gateway providers (herein “Payment Providers”), namely WigWag, Ozow and DePay. When making payment for an Order, our Website will redirect you to the Payment Providers, where payment will take place.

5.2. The Payment Providers are independent third parties, and your use of the Payment Provider’s services may be subject to additional terms as conveyed on its website or interface, as the case may be.

5.3. By using a credit card to pay for your orders, you warrant and represent that you are duly authorized to do so.

6. Delivery

6.1. We will fulfill your Order and make delivery thereof via our nominated third-party courier as soon as reasonably possible after the placement of an Order, but in any event no later than 30 (thirty) days thereafter.

6.2. If we are unable to deliver the Goods to you within the aforesaid period, then we will notify you accordingly, and you may then, within 7 (seven) days after receiving such notification, elect whether or not to cancel the Order or not via the functionality made available on our Website. If you notify us of your election to cancel the Order, then we will refund you the amount paid in respect thereof within 30 (thirty) days after receipt of your notification.

7. Returns, Exchanges, and Refunds

7.1. Defective Goods

7.1.1. In the unlikely event of any Goods purchased from us via the Website turn out to have a defect within 2 (two) days from the delivery date, you may return such Goods to us at your cost, and if we agree that the item is defective, we shall at our election either replace the item or refund the purchase price. We will notify you of our election without undue delay, and in the case of a refund, process the relevant payment within 30 (thirty) calendar days.

7.1.2. Purchasing the wrong size of any item will not be deemed to constitute a defect. We provide a sizing chart on our Website to assist you in purchasing the right size.

7.2. Non-defective Goods

7.2.1. The following Goods are not eligible for return as non-defective Goods:

  • gift cards;
  • foodstuff, beverages, or other Goods intended for everyday consumption including coffee beans;
  • swimwear, bodysuits, or underwear;
  • Goods that have been personalized for you or made to your specifications;

8. Usage Restrictions

8.1. You may not directly or indirectly:

  • attempt to overcome any security features of the Website;
  • place an undue burden on this Website by making a high volume of requests in short succession;
  • access this Website by automated means, except in the case of bona fide search engines indexing public pages; and
  • use the Website to post and/or distribute material that is obscene, threatening, violent, racial, defamatory, offensive, or otherwise unlawful.

8.2. We reserve the right to take any steps necessary to preserve the security, integrity, and reliability of the Website.

8.3. We may, in our sole discretion, terminate or suspend your access to the Website, including (without limitation) in the case:

  • you breach any of these Terms; or
  • we are required by law to do so.

9. Privacy Policy

9.1. Unless we seek your express prior consent, we will only collect, store, use, and otherwise process the personal information you provide to us to make available this Website and its features to you, and to fulfill any Orders.

9.2. We may collect and analyze aggregate, non-personally identifiable data pertaining to the access and use of our Website.

9.3. You consent to us disclosing the necessary personal information to our nominated payment gateway provider and courier delivery company to enable us to collect payment and procure delivery respectively.

9.4. This Website, like most others, uses cookies (tiny text files placed on your computer) to identify you while using the Website so as to be able to provide certain functionality, such as maintaining your login state. We will not use cookies for any purpose not set out in this clause 9.

9.5. While we will take such care as required by applicable law to protect your personal information, we do not undertake that our Website and your personal information can never be compromised. There is a risk inherent in the use of Internet-based technologies which you acknowledge and accept.

10. Intellectual Property Rights

10.1. For purposes of this clause, the term “Intellectual Property” means all intellectual property and similar proprietary rights, howsoever arising and in whatever tangible or intangible media, whether or not registered, including (without limitation) copyright, database rights, patents, trademarks, registered designs, unregistered design rights, domain names, confidential information, business processes, trade secrets goodwill and any applications for the protection or registration of those rights and all renewals and extensions thereof throughout the world (if applicable), as well as any adaptations, derivatives, and embodiments of the foregoing.

10.2. The Intellectual Property pertaining to this Website is owned by us (and our licensors, to the extent applicable). You are authorized to view the content published on this Website only for purposes of making use of the Website as permitted by these Terms and for no other reason whatsoever.

11. Third-Party Content

11.1. We may provide links to other third-party websites, payment providers, wallet services and content (herein “Third-Party Services”) on this Website.

11.2. You acknowledge and agree that such Third-Party Services is outside of our control and accordingly that we shall not have any duty and liability in respect thereof.

12. Disclaimers, Limitations of Liability, and Indemnities

12.1. We do not warrant or represent that this Website will be error-free.

12.2. We do not warrant or represent that this Website will always be accessible.

12.3. To the maximum extent permitted by applicable law, we will not be liable for any claim, cost, expense, penalty, damage, injury, or any other adverse consequence arising from your use of this Website, Third Party Services or the purchase and use of any Goods unless expressly stated otherwise in these Terms.

12.4. To the maximum extent permitted by applicable law, you agree to indemnify us from any claim, cost, expense, penalty, damage, injury, or any other adverse consequence arising from your breach of these Terms.

13. Notices and Address for Service

13.1. Each of us hereby chooses as its address for service and receipt of notices (i.e., domicilia citandi et executandi) for purposes under this Agreement, whether in respect of judiciary process or otherwise, our nominated physical address or email address (hereafter each a “Notice Address”) being in our case of the details provided in these Terms and in your case the current Notice Address(es) you have on your profile with us. Accordingly, insofar as these Terms may prescribe notice periods for the giving of notices, such notice periods shall be complied with upon the giving of notices in compliance with the terms of this clause 14.

13.2. Any notice served on a Notice Address before 17h00 in the recipient’s time zone shall:

  • if delivered by hand, be deemed to have been received on the day of delivery; or
  • if sent by email, be deemed to have been received on the date when it is capable of retrieval by the recipient.

13.3. In the event of delivery of a notice to a Notice Address later than 17h00 in the recipient’s time zone, then delivery shall be deemed to have taken place on the next day.

13.4. A delivery or read receipt generated by a sender’s email client shall constitute face value (i.e., prima facie) proof of the message being capable of retrieval by the recipient.

14. Interpretation

14.1. For purposes of these Terms:

  • “Business Day” means any day which is not a Saturday, Sunday, or official public holiday in the Republic of South Africa;
  • any reference to a statute or other regulatory enactment is to that statute or other regulatory enactment as amended or re-enacted from time to time;
  • when any number of days is prescribed, it will be reckoned exclusively of the first and inclusively of the last day unless the last day falls on a day which is not a Business Day, in which case the last day will be the following Business Day;
  • where figures are referred to in numerals and in words, if there is any conflict between the two, the words will prevail;
  • the rule of interpretation that a contract will be interpreted against the party responsible for the drafting and preparation thereof will not apply;
  • unless the context shows otherwise, a clause which includes a specific example or examples will not be construed as limiting the meaning of the general wording preceding it; and
  • the termination or expiry of these Terms will not affect those provisions which expressly provide that they will continue to operate after such termination or expiry, or those provisions which of necessity must continue to have effect after such termination or expiry, even where those clauses do not expressly provide for this.

15. General

15.1. Applicable law: This Terms shall be governed by and construed and interpreted in accordance with the laws of the Republic of South Africa. Unless and to the extent expressly agreed otherwise in this Terms, we agree that the High Court of South Africa, Western Cape Division, shall have exclusive jurisdiction to hear any disputes that may arise from this Terms.

15.2. Whole agreement: This Terms constitutes the whole agreement between us as to the subject matter hereof. None of us shall have any claim or right of action arising from any undertaking, representation, or warranty not included in this Terms.

15.3. Severability: Each provision of these Terms is severable from the other provisions. Should any provision be found by a court of competent jurisdiction to be invalid or unenforceable, then the remainder of these Terms will remain binding and continue with full force and effect.

15.4. Cost of legal services: Each of us will pay its own costs and expenses incurred by it in connection with the negotiation, drafting, re-drafting, entering into, and implementation of legally binding documents. Should any one of us instruct attorneys to take any steps to enforce any rights in terms of this Terms arising from a breach thereof, then the breaching party shall be liable for all legal and incidental costs, including legal fees on the attorney and own client scale, collection commission, and tracing charges.

By agreeing to these Terms, you acknowledge that you have read, understood, and agreed to be bound by all provisions herein. If you do not agree with any part of these Terms, you may not access or use the Crypto Coffee website.