Terms & Conditions

SECTION 1. Introduction

These are the general terms of the relationship between you (website visitor) and us (website owner). The terms cover all use of this website. You agree to the terms by visiting and using this website. We are the owner of this website, these are our legal terms, and you agree to them by visiting this website.

 

SECTION 2. Definitions and interpretation

2.1 Definitions

In the agreement:

terms mean the terms, consisting of:

- these terms of use; and

- any other relevant specific terms, policies, disclaimers, rules and notices agreed between the parties, (including any that may be applicable to a specific section or module of the website);

we, us, or our means WOOLBABA acting under Create RPT (PTY) LTD (Registration number: 2023/506706/07), the owner of the website. It includes our officers, agents, employees, owners, co-branders and associates where the terms limit or exclude our liability; you or your means any visitor to this website, including any other person, website, business, or agent (including any virtual or robotic agent) associated with the visitor.

2.2 Interpretation

If the meaning of any general terms conflicts with any other relevant specific terms, the specific terms will apply. Specific terms apply to a specific section of the website or have been specifically agreed between you and us.

 

SECTION 3. Use of this website

3.1 Licence

We grant you a limited licence to use this website on these terms. We may cancel your licence at any time for any reason. Your licence is automatically cancelled if you do not get our written permission before using this website in a way these terms do not allow.

We grant you a limited licence to use this website

3.2 Breach

If you breach any of the terms or infringe any other person’s rights (including copyright), we may cancel your licence, block you from using the website, claim specific performance or damages against you and take any other steps the law allows, without affecting our rights.

We may cancel your licence and take other steps if you breach any of these terms.

3.3 Framing and linking

You may not frame this website or any of its pages. You may only link to the home page of this website. You may not deep link (link to any other page) or link in any way that could suggest that we endorse or support you, or that you have any rights in our website or intellectual property, unless we have given you permission to do so.

You may not frame this website or link to any sub-pages.

3.4 Virtual agents

You may not use any technology (including spiders, crawlers, bots, and similar virtual agents) to search or gain any information from this website, unless we have given you permission to do so.

You may not crawl this website without our permission.

 

SECTION 4. Capacity

You promise that you are entitled to visit this website and agree to the terms because you:

- are at least 18 (or regarded as legally adult), and have the legal right and capacity to do so; or

- are not 18 yet, but have permission from your parent (or legal guardian) to do so.

You agree to these terms on the basis that you have the capacity to visit this website.

 

SECTION 5. Accurate information

You promise that you will only give accurate information to us and this website.

You promise that you will give this website only accurate information

 

SECTION 6. Intellectual property

6.1 Ownership

Except as provided to the contrary in the agreement, all right, title, interest, and ownership (including all rights under all copyright, patent, and other intellectual property laws) in, to, or of this website are our sole property or will vest in us or a third party licensor. All moral rights are reserved.

We or our third party licensors own all rights in this website.

6.2 Trade marks

Our logo and sub-logos, marks, and trade names are our trade marks and no person may use them without our permission. Any other trademark or trade name that may appear on our marketing material is the property of its respective owner.

All our trade marks are our property and you may not use them without our permission. All other trade marks are their respective owners’ property.

6.3 Restrictions

Except as expressly permitted under the agreement, the website may not be:

- modified or used to make derivative works;

- rented, leased, loaned, sold or assigned;

- reverse engineered or copied; or

- reproduced or distributed.

You may not change, hire out, reverse engineer, or copy this website without our permission.

 

SECTION 7: Limits to our liability

7.1 Own Risk

We provide the website “as is”. We do not give any express or implied warranty or make any other promise about this website. For example, we do not warrant that it is good quality, fit for any particular purpose, accurate, complete, up-to-date, legally effective or secure. We also do not warrant that it is free of latent defects, errors, malicious software or infringing content, or that you will have quiet or uninterrupted use of it.

You use this website at your own risk and we make no warranties about it.

7.2 Indemnity

You indemnify (or promise to protect) us against any claim, demand, loss, damage, cost, or liability (including reasonable attorneys’ fees) related to your use of this website.

You indemnify us against any liability related to your use of this website.

7.3 Faults

We will do our best to fix any fault in this website as soon as reasonably practical after we find out about it. This is the limit of our responsibility and liability for any fault in the website.

7.4 Direct damages

If the previous clause does not apply for any reason, our maximum liability to you for all claims for direct damages is R100. This limit applies whether a claim is based on contract, delict (tort) or any other legal cause of action.

Our maximum liability to you for all claims for direct damages related to this website is R100.

7.5 Indirect damages

We will never be responsible for any indirect or consequential damages or losses, even if we should have foreseen them. These may include any loss of profit, loss of goodwill, loss of use or damages related to lost or damaged data.

We will never be responsible for any indirect damages.

7.6 Other websites

We are not responsible for anyone else’s website.

 

SECTION 8: General

8.1 Entire agreement

The terms are the entire agreement between the parties on the subject.

8.2 Changes to website

We may change or stop publishing this website without notice and will not be responsible for any consequences.

8.3 Changes to terms

We may change the terms by placing a notice on this website. If you do not agree with the change, you must stop using this website or the changed terms will apply to you.

We may change any of these terms at any time by updating this web page.

8.4 Facts about website

If an administrator of this website signs a letter confirming any fact related to the website, that letter is conclusive proof of its contents. These may include the version of the terms that apply to any dispute, or what content or functions the website had at a particular time or date.

8.5 Waiver

We do not ever waive (give up) our rights, even if we allow you any favour or extension of time, or we delay enforcing our rights against you.

8.6 Severability

Any term that is invalid, illegal, or cannot be enforced must be regarded as deleted. The remaining terms continue as intended.

8.7 Law and jurisdiction

South African law and conditions (such as time and date) govern the terms. Only the South African courts may decide any dispute about the terms.

8.8 Products / Services

Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Return Policy. 
We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

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SECTION 9: DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and Services delivered to you through the service are (except as expressly stated by us) 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 or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall WOOLBABA acting under Create RPT (PTY) LTD, our directors, officers, employees, affiliates, agents, contractors, interns, 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, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 10 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless WOOLBABA acting under Create RPT (PTY) LTD and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 11 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.