Terms of service

TERMS AND CONDITIONS

IMPORTANT: THESE TERMS OF USE REQUIRE THE BINDING ARBITRATION OF DISPUTES (OTHER THAN CERTAIN SMALL CLAIMS) AND WAIVE CERTAIN RIGHTS TO JURY TRIALS AND/OR CLASS ACTIONS, AS STATED IN THE “RESOLUTION OF DISPUTES” PROVISION. PLEASE READ THESE TERMS OF USE CAREFULLY. THESE TERMS OF USE CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND PELAGIC THAT CONDITIONS YOUR USE OF THE SERVICES. BY USING, PARTICIPATING IN, OR ACCESSING PELAGIC SERVICES (AS DEFINED BELOW), YOU SIGNIFY YOUR ACCEPTANCE OF THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU SHOULD NOT ACCESS OR USE THE SERVICES.

ACCEPTANCE OF THE TERMS OF USE

Welcome and thank you for using the services offered by Pelagic Gear Africa., and its affiliates ("Pelagic"). The following Terms of Use govern all websites (including but not limited to  http://www.za.pelagicgear.com and all pages within it) ("the Site"), mobile sites, and applications owned or operated by Pelagic, including any of our content, programs, services, features, activities, and products) (collectively, the "Services").

PRIVACY POLICY

Your privacy is important to us. We encourage you to read our  Privacy Policy to understand our privacy practices, so that you understand the actions we take with respect to your personal information and may make an informed decision about using the Services. Please note that our Privacy Policy is intended to govern any and all matters related to the collection and processing of your personal information (as defined under the Privacy Policy) by Pelagic, whereas these Terms of Use apply to all aspects of your relationship with Pelagic that do not fall within the scope of our Privacy Policy. You represent and warrant that all data that you provide to Pelagic is accurate.

CHANGES TO THE TERMS OF USE

We reserve the right to change these Terms of Use at any time at our sole discretion by posting revisions to the Site and/or the App. Such revisions will be effective immediately upon posting them to the Site and/or the App. You should review these Terms of Use each time you use the Services, so that you understand your rights, remedies, and obligations. Your use of the Services after such changes have been posted shall constitute your acceptance of the revised Terms of Use.

ELIGIBILITY CRITERIA, REGISTRATION, AND ACCESS TO THE SERVICES

The Services are not directed to persons under age 13 in South Afria, or the equivalent age in other jurisdictions. Users must be at least this age to access, use, or register for the Services. For more information regarding the collection and processing of personal information for users under this age, please visit our Privacy Policy.

If you are at least this age but under 18 years of age, you may only access, use, or register for the Services, with the consent of a parent or guardian.

Pelagic will not be liable for any damages that may result from misrepresentation of age by a user of the Services. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion. We do not ship orders to freight forwarders.

COMMUNICATIONS

In order to provide you with the Services, including to conduct our business and to provide you with the best possible products and services, we may need to provide you with certain communications. By using the Services, and subject to the provisions of our Privacy Policy, you consent to receive any and all such communications. We will communicate with you electronically, including but not limited to e-mail, text, or SMS communications and push notifications, or by posting or sending you notices through the Site and/or the App. These communications are considered part of the Services, which you may not be able to opt-out from receiving.

You agree that all agreements, notices, disclosures, or other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

We welcome your comments and feedback. All communications and comments submitted to us using the Services are non-confidential. We reserve the right to use any ideas, concepts, comments, techniques, visuals, or suggestions contained in any such communication or comment. We retain rights to all comments, feedback, suggestions and submissions to us using the Services.

If you elect to receive marketing and support text messages from us, either via our website or by sending a text message indicating your consent, you are providing (and signing) your prior express written consent to receive recurring marketing or promotional and support text messages from us (each, a “Text Message”) sent through an automatic telephone dialing system. These may include cart abandon messages. Message frequency varies. This service is optional, and your consent is not a condition for purchase. You can opt out of receiving any further Text Messages from this program at any time by replying “STOP” to any Text Message you receive from us. For help, reply “HELP” to any Text Message you receive from us or email customercare@pelagicgear.com. In addition to any fee of which you are notified, your mobile provider’s message and data rates may apply to our confirmation Text Message and all subsequent Text Message correspondence according to your individual rate plan provided by your wireless carrier. Please consult your mobile service carrier’s pricing plan to determine the charges for browsing data and sending and receiving Text Messages. Under no circumstances will we or our affiliates be responsible for any Text messaging or wireless charges incurred by you or by a person that has access to your wireless device or telephone number. If your carrier does not permit Text messages, you may not receive the Text Messages. Neither we nor the wireless carriers will be liable for any delays in the receipt of, or failure to deliver, any Text Messages, as delivery is subject to effective transmission from your network operator. Text Message services are provided on an “AS IS” basis. Data obtained from you in connection with any Text Message services may include your cell phone number, your provider’s name and the date, time and content of your text messages. We may use this information in accordance with our Privacy Policy to contact you and to provide the services you request from us. For more information on how we use telephone numbers, please read our Privacy Policy.

INTELLECTUAL PROPERTY RIGHTS

All text, designs, graphics, logos, page headers, button icons, scripts, service names, manuals, technical documentation, product information, user interfaces, visual interfaces, images, photographs, trademarks, sounds, music, and artwork (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel," and arrangement thereof, appearing via the Services are owned, controlled or licensed by or to Pelagic, and are protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

The Content may not be used in connection with any product or service that is not Pelagic's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Pelagic. All other trademarks not owned by Pelagic that via the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Pelagic. Nothing appearing via the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed via the Services, without the prior written permission of the trademark owner. We aggressively enforce our intellectual property rights to the fullest extent of the law.

You are granted a limited, non-sublicensable right to access the Services to print the Content for your personal, non-commercial, and informational use only. The foregoing license grant does NOT include the right for you to: 1) publish, publicly perform or display, or distribute to any third party any Content, including reproduction on any computer network, or broadcast or other media; 2) market, sell, or make commercial use of the Services or any Content therein; 3) systematically collect or use any Content or data from the Services, including but not limited to use of data spiders, robots, or comparable data gathering, mining or extraction methods; 4) make derivative use of the Services or any Content therein; or 5) use, frame, or utilize framing techniques to enclose any portion of the Services (including the images, text, or layout/design appearing within the Services).

Any unauthorized use of the Services or the Content therein terminates any permission or license that we granted you, and may violate applicable laws including copyright laws, trademark laws (including trade dress), and communications statutes and regulations. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the Services, so long as the link does not portray Pelagic, or its products or services, in a false, misleading, derogatory, or otherwise offensive manner. You may not use any Pelagic logo or other proprietary graphic or trademark as part of the link without express written permission.

SERVICE CONTENT AND PURCHASES

We strive to be as accurate as possible with our product descriptions and pricing information listed via the Services. However, we do not warrant that product descriptions, pricing information, or other content listed via the Services are accurate, complete, reliable, current, consistent, or error-free. While we will use our best efforts to fulfill all orders, we cannot guarantee the availability of any particular product displayed via the Services. We reserve the right to discontinue the sale of any product listed via the Services at any time without notice. If upon receipt of a product offered by Pelagic you find that it is not as described via the Services, your sole remedy is to return it in unused condition, subject to Pelagic's Return/Exchange policy .

We cannot confirm the price of an item until you order; however, we do not charge your credit card until after your order has entered the shipping process. Despite our best efforts, a small number of the items in our catalog may be mispriced. In the event of a pricing error on an item you have ordered, we will notify you and await your approval of the corrected price before continuing with your order.

Product prices offered via the Services may vary from other advertised prices due to varying conditions in different geographic markets. The prices displayed via the Services are quoted in ZAR and are valid and effective only within South Africa, and such prices do not include shipping and handling or sales taxes, if applicable, which will be added to your total invoice price. You are responsible for the payment of any shipping and handling charges.

All items purchased, earned, or otherwise ordered from the Services are made pursuant to the terms of the specific shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

DISCLAIMER OF WARRANTIES

THE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS MADE AVAILABLE TO YOU THROUGH THEM ARE PROVIDED BY PELAGIC ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, PELAGIC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AS TO THE OPERATION OF THE SERVICES AND THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOU USE THE SERVICES AT YOUR SOLE RISK.

PELAGIC DOES NOT WARRANT THAT PRODUCT DESCRIPTIONS, PHOTOGRAPHS, PRICING, OR OTHER CONTENT REGARDING PRODUCTS DISPLAYED OR OTHERWISE AVAILABLE ON THE SERVICES (INCLUDING PRIZES AVAILABLE THROUGH PELAGIC REWARDS) ARE ACCURATE, COMPLETE, CURRENT, OR ERROR-FREE. ALL WEIGHTS AND SIZE DIMENSIONS ARE APPROXIMATE.

You understand that Pelagic cannot and does not guarantee or warrant that files available for downloading from the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Services for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF- SERVICE ATTACK, A VIRUS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY AFFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES, YOUR USE OF ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES, OR YOUR DOWNLOADING OF ANY MATERIAL POSTED VIA THE SERVICES OR WEBSITE LINKED TO THE SERVICES.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

LIMITATIONS ON LIABILITY

IN NO EVENT WILL PELAGIC, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES LINKED TO THE SERVICES, ANY CONTENT OF THE SERVICES, ANY SERVICES OR ITEMS OBTAINED OR PURCHASED THROUGH THE SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORSEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

PROHIBITED USES

You may use the Services only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Services:

• In any manner that violates any applicable federal, state, local and international law or regulation;
• To send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms of Use;
• To gather or attempt to gather personal information belonging to members, users, or member organizations for the purposes of spamming, marketing, selling to third parties, or otherwise sharing beyond the reasonable uses of the Services;
• In any manner that could disable, overburden, damage, or impair the Services or interfere with any other party's use of the Services, including their ability to engage in real time activities through the Services; or
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Pelagic or users of the Services, or may expose Pelagic or users of the Services to liability.

 ADDITIONAL PROHIBITED USES

You further agree not to:

• Use any robot, spider or other automatic device, process, or means to access the Services for any purpose, including to monitor or copy any of the material on the Services;
• Use any manual process to monitor or copy any of the Content on the Services for any unauthorized purpose without Pelagic's prior written consent;
• Use any device, software, or routine that interferes with the proper working of the Services;
• Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful;
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of the Services, the server on which any part of the Services is stored, or any server, computer, or database connected to the Services;
• Attack the Services via a denial-of-service attack or a distributed denial-of- service attack; or
• Otherwise attempt to interfere with the proper working of the Services.

 THIRD PARTY CONTENT OR SERVICES

The Services may contain links to or integration of third party content and/or services (including but not limited to any programs, features, activities, and products) owned or operated by parties other than Pelagic, including but not limited to social media features. Such links or integrations are provided for your convenience and reference only. Pelagic does not own or control the content or services offered by third parties, is not responsible for examining or evaluating third party content or services, and is not responsible for third party content or services. Pelagic's inclusion of links to or integrations of third party content or services does not imply any endorsement of the third party content or services or, unless expressly disclosed otherwise, any sponsorship, affiliation, or association with the content or services' owner(s), operator(s) or sponsor(s). Nor does Pelagic's inclusion of links or integrations imply that Pelagic is authorized to use any trade name, trademark, logo, legal or official seal or copyrighted symbol that may be reflected in the linked or integrated third party content or services. Pelagic does not assume any responsibility or liability for the actions, products, services, or content of third parties. When leaving the Services, you should be aware that these Terms of Use no longer govern. You should carefully review the terms of use, privacy policy, and all other relevant user agreements for the third party content or services.

INDEMNITY

You agree to indemnify and hold Pelagic, including its partners, subsidiaries, and affiliates, and each of their and our directors, officers, managers, agents, contractors, partners, and employees, harmless from any loss, liability, claim, damages, costs, expenses or demand (including reasonable attorneys' fees) arising out of or in connection with the Terms of Use, the Privacy Policy, or the Services. Your obligation to indemnify includes, but is not limited to, disputes, claims, or lawsuits arising out of or in connection with: (i) your acquisition or use of Member Points, Prizes, or other products or services made available through the Services; (ii) any termination or suspension of your right to use your Member Points or virtual Prizes; (iii) your access to or use of the Services; or (iv) any violation of these Terms of Use.

WAIVER AND SEVERABILITY

No waiver of these Terms of Use by Pelagic shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure of Pelagic to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

ENTIRE AGREEMENT

These Terms of Use, together with any other agreements incorporated by reference therein, constitute the entire agreement, and supersede all prior written agreements, arrangements, communications and understandings and all prior and contemporaneous oral agreements, arrangements, communications and understandings, whether electronic, oral, or written, between you and Pelagic with respect to the Services.

GENERAL TERMS

Pelagic's performance of these Terms of Use is subject to existing laws and legal process and nothing contained in this agreement is in derogation of Pelagic's right to comply with law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by Pelagic with respect to such use.

The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.

CONTACTING US

If you have any questions about these Terms of Use, please use the contact information at  www.za.pelagicgear.com to contact us. Although Pelagic will in most circumstances be able to receive your e-mail or other information provided through the Services (including but not limited to account registrations, orders, and other submissions), Pelagic does not guarantee that it will receive all such information timely and accurately, and is shall not be obligated to read, act on, or respond to any such e-mail or other information.