Terms and Conditions

1. Eligibility and Acceptance of Terms

You may not use our website or products for any unlawful or unauthorised purpose. In using this service, you agree to comply with all applicable South African laws and regulations, including, but not limited to, the Electronic Communications and Transactions Act (ECTA), the Consumer Protection Act (CPA), and the Protection of Personal Information Act (POPIA).

2. General Conditions

We reserve the right to refuse service to anyone, for any reason, at any time. You understand and agree that, except for credit card information which is always encrypted, your content may be transmitted unencrypted over various networks and adapted to meet technical requirements. You agree not to duplicate, sell, or exploit any part of the Service without express written consent. The country of merchant location is South Africa and the transaction currency is South African Rand (ZAR).

3. Accuracy and Availability of Information

We make every reasonable effort to ensure the accuracy of the content on this website. However, we do not guarantee that all information is complete, accurate, or current. All material is provided for general information purposes only and should not be relied upon as the sole basis for making decisions.

4. Modifications to Products and Services

We reserve the right to modify or discontinue any product, service, or feature without prior notice. Prices are subject to change at any time. We shall not be held liable for any such changes or disruptions.

5. Product Descriptions and Limitations

We strive to ensure product descriptions and images are as accurate as possible. However, we do not warrant that product descriptions, colours, or images are free of errors. We reserve the right to limit quantities and to discontinue products at our discretion.

6. Billing and Account Accuracy

We reserve the right to refuse or cancel any order, whether confirmed or not, at our discretion. This may include limiting quantities per person or per household. You agree to provide accurate, current, and complete information for all orders, including billing and contact details. You are responsible for promptly updating your account should your information change.

7. Third-Party Tools and Links

We may provide access to third-party tools or links for your convenience. We do not monitor or control these tools or sites and shall not be held liable for any issues arising from their use. It is your responsibility to review the terms of these third parties before engaging with their services.

8. User Submissions

If you send us any feedback, suggestions, or other submissions, whether requested or not, you grant us the unrestricted right to use, edit, publish, and distribute that content. You agree not to submit unlawful, offensive, or infringing content. We are not obliged to maintain the confidentiality of such submissions or to respond to them.

9. Privacy and Personal Information

All personal information submitted through our website is governed by our Privacy Policy, which complies with the Protection of Personal Information Act (POPIA). By using this website, you consent to our use of your data in accordance with this policy.

10. Prohibited Conduct

You are strictly prohibited from using our site or services for:

• Any unlawful purpose;
• Soliciting others to perform unlawful acts;
• Violating any applicable laws or regulations;
• Infringing intellectual property rights;
• Uploading or transmitting malware;
• Harassing, discriminating, or harming others;
• Spamming, phishing, or scraping;
• Misrepresenting your identity.

We reserve the right to terminate your access to our services for any breach of these prohibitions.

11. Disclaimer of Warranties and Limitation of Liability

All products and services are provided “as is” and “as available,” without any representation or warranty, express or implied. We do not warrant that the service will be uninterrupted, timely, secure, or error-free. To the maximum extent permitted by South African law, Capsulon and its affiliates shall not be liable for any damages, whether direct, indirect, incidental, or consequential, arising from your use of the service or products.

12. Indemnification

You agree to indemnify and hold harmless Capsulon, its directors, officers, employees, affiliates, agents, and service providers from any claims, damages, or legal costs arising from your breach of these Terms of Service or your violation of any applicable law or third-party rights.

13. Severability

If any provision of these Terms is found to be unlawful or unenforceable, that provision shall be severed, and the remainder of the Terms shall remain in full force and effect.

14. Termination

These Terms remain in effect unless and until terminated by either party. We may terminate this agreement without notice if we reasonably suspect you have violated any terms herein. You will remain liable for all amounts due up to the termination date.

15. Entire Agreement

These Terms, along with our Privacy Policy and any other posted policies, constitute the full agreement between you and us. Any prior agreements, written or oral, are superseded.

16. Governing Law

These Terms of Service are governed by and construed in accordance with the laws of the Republic of South Africa. Any disputes arising hereunder shall be resolved within South African courts.