Terms and Conditions (“Terms”)
Terms and Conditions of use of the Funky Vapers Vape Juice Pty Ltd website (“T&Cs”) & Funky Vapers Vape Juice Privacy Policy.
Funky Vapers Vape Juice Pty Ltd (hereafter Funky Vapers).
You must be at least 18 years old to purchase products from this site. Using this website, you agree that you are at least 18 years of age and agree to the following terms and conditions.
In terms of Section 11 of the Electronic Communications and Transactions Act, 25 of 2002, as amended (“ECTA”), these Terms and Conditions (“T&C’s”) are binding and enforceable against all persons that access the Funky Vapers Website or any part thereof or purchase any of Funky Vapers online products.
If you disagree with the T&C’s, leave immediately and terminate the use of the website. Do not place an order on the Funky Vapers website. Any delay in leaving and terminating the use of the website shall be regarded as the user’s full and unconditional understanding and acceptance of these T&C’s.
Definition and Interpretations
“Potential Client” or “User” means a natural or juristic person who contemplates purchasing and/or browsing any of the products listed on its website or utilizes the website.
Funky Vapers” means Funky Vapers Vape Juice Pty Ltd with registration number 2021/930343/07, a limited liability company trading as an online e-commerce store and incorporated in terms of the laws of the Republic of South Africa; and “Website” means www.funkyvapersvapejuice.co.za or any associated hyperlink. Hyperlinks have been used in these T&C’s.
The fact that some or all of the hyperlinks may be non-operational shall not play a role in the determination of the validity and interpretation of these T&C’s.
Nicotine Disclaimer
Funky Vapers Vape Juice Pty Ltd aims at providing information regarding vaping, electronic (e-) cigarettes, also called personal vaporizers (PV) or electronic nicotine delivery systems (ENDS) & aerosols (e-liquids) that are chemically active products & intended for use by adults of legal smoking age.
Vaping exposes the user to the toxic and addicting effects of nicotine and may not be used by children, women who are pregnant or breastfeeding, or persons with or at risk of heart disease, high blood pressure, diabetes or taking medicine for depression or asthma.
The use of e-cigarettes is not medically recognized as a means for facilitating smoking cessation, and these products are not marketed as smoking cessation, nor have they been tested as such. Electronic Cigarettes are not meant to cure, treat, or prevent any illness or disease.
Keep out of reach from children & pets.
Unavailability of The Website
The user acknowledges and accepts that:
The website may become unavailable from time to time due to various circumstances, including technical failure or problems with the website; technical failure or problems with third party information technology systems; unavailability of telecommunication or electricity services; or other circumstances beyond the control of Funky Vapers, in which case there shall be no claim whatsoever arising against Funky Vapers.
Prohibited Content and Practices
It is prohibited to:
- publish, transmit, upload or exchange any content violating the current laws of the Republic of South Africa, particularly content that is untrue, deceptive, offensive, vulgar, threatening, racist or chauvinist, content violating intellectual property rights, content considered as unauthorised disclosure of personal data or as a violation of the right of privacy of Users/Clients or third parties, as well as any other content which may cause damage to Funky Vapers, other Users/Clients or third parties (“Prohibited Content”).
- it is not allowed (hereinafter “Prohibited Practices”) to:
Use the Website in a manner that may cause damage to Funky Vapers, other Users/Clients or any third party; - publish, upload, exchange or transmit Prohibited Content;
- publish, upload, exchange or transmit any content that the User/Client knows to be false or untrue, or has justifiable reasons to believe it to be false or untrue, and whose use may cause damage to Funky Vapers, other Users or third parties;
- for any User/Client misrepresenting him/herself to deceive Funky Vapers, other Users or third parties;
- publish, upload, exchange or transmit to Funky Vapers, other Users/Clients or third parties any unwanted notices or other content of commercial or malicious nature, without prior request or consent, particularly including notices and other content of the same or similar nature;
- purposeful publishing, uploading, exchange or transmission of any content containing computer viruses, worms, and programs that may obstruct or hinder the regular operation of the website, cause damage or destruction of any computer program, or any computer and other equipment owned by Funky Vapers, other Users/Clients or third parties;
- collect, process or use personal data of the Users/Clients or third parties in an unauthorised manner;
- engage in overt or covert advertising (verbal or graphic representation of products, services, personal names, names of companies, names, trademarks (registered or unregistered trademarks and service marks), businesses etc.) in an unauthorised manner.
- users or third parties shall be legally liable for failure to comply with the provisions of these T&C’s related to Prohibited Practices or Prohibited Content, particularly for possible damage caused by such actions to Funky Vapers, other Users/Clients and/or third parties.
Funky Vapers reserves the right but does not assume the obligation, to cancel the account and/or use of a User/Client as a result of the User’s Prohibited Practices or other unlawful behaviour, or any violation of these T&C’s that Funky Vapers assesses as grave, without prior notice and without explanation, according to our own assessment or information provided by any User or third party.
In consequence of the above, Funky Vapers cannot be held responsible for possible damage incurred to the user, other Users or third parties caused by Prohibited Practices.
Availability, Errors & Inaccuracies
Funky Vapers cannot and does not guarantee the accuracy or completeness of any information, including prices, product images, specifications, legal advice & availability. Funky Vaper’s right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice is fully and strictly reserved.
Electronic Communications
Any communication or material the User/Client transmits to Funky Vapers by electronic mail, via our website or otherwise, including, but not limited to any data, questions or answers, comments, suggestions, or the like, will be treated as non-confidential and non-proprietary by Funky Vapers, unless expressly agreed otherwise in writing. Electronic communications shall only be deemed to have been received if and when responded to in a manner other than by way of an automated response. Information contained in electronic communications must be regarded as confidential and intended solely for the use of the intended recipient. Any unauthorised disclosure, copying, distribution or action in reliance upon the contents of this electronic communication is strictly prohibited and unlawful. Whilst Funky Vapers employs virus filtering; we provide no guarantees or warranties that electronic communication will be virus-free. Accordingly, the User/Client is advised to employ their own virus scanning tools. The views expressed in any electronic communications transmitted are those of the individual sender unless the context clearly provides otherwise.
Intellectual Property Rights
The entire contents of the website are copyright-protected.
All intellectual property on the Funky Vapers Platform, Website and Online Products, including but not limited to:
- Content
- Trademarks
- Domain names
- Patents
- Design elements
- Software
- Source code
- Meta tags
- Databases
- Text
- Graphics/Images
- Icon
- Hyperlinks
are the property of or licensed to Funky Vapers and, as such, are protected from infringement by domestic and international legislation and treaties.
Subject to the rights provided to you in these T&C’s, all of the rights to intellectual property on the Funky Vapers, website and online products are expressly and strictly reserved.
All rights, interest and title in intellectual property on the website are and remain the exclusive property of Funky Vapers, and any unlawful or unauthorized use, modification, alteration, on-sell or distribution is punishable by law.
Indemnity & Warranties
Use of the Platform or Website or the information contained therein is entirely at the user’s own risk and accepts full responsibility for all risks that may result from the use of the website. Funky Vapers will not be liable for damages of any nature whatsoever that may arise out of the use of the website or the information contained therein.
Notwithstanding anything to the contrary contained above, in no event shall Funky Vapers, its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:
- any User/Client’s access to or use of or inability to access or use the website;
- any conduct or content of any third party on the website;
- any content obtained from the website; and
- any unauthorised access, use, or alteration of your transmissions or content, whether based on warranty, contract, delict including negligence and excluding gross negligence, whether we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
The Users make use of Funky Vapers website at their own sole risk.
Funky Vapers has taken all commercially reasonable measures to ensure the website’s integrity. No warranty is given that any material downloaded from the website is free of viruses, bugs, or the like that may have the ability to corrupt the operation of your computer system.
Links to Third-Party Platforms
We shall not control or supervise content available through the links, and therefore we cannot guarantee the accuracy, truthfulness, origin, contents, or availability thereof. In consequence of the above, we cannot be held responsible for possible damage caused regarding publishing, removing, or using any link or relying on any content available via the link.
Disclosures Required by Section 43 of the ECTA
Access to the services, content, software and downloads available from the website may be classified as “electronic transactions” as defined in terms of ECTA, and you, therefore, may have the rights detailed in ECTA. Accordingly, Funky Vapers provides the following information:
- The full name and legal status of the Website owner: Funky Vapers Vape Juice Pty Ltd, Registration number 2021/930343/07;
- Postal address: Postnet Suite #251, Private Bag X3008, Hoedspruit, 1380
- Physical address of admin office: Raptors View Wildlife Estate, Snake Eagle Road, Hoedspruit, 1380, South Africa.;
- Main business: E-Commerce Website ;
- The Website address of the Funky Vapers Website is: https://www.funkyvapersvapejuice.co.za/ ;
- The official e-mail address of the Funky Vapers Website is: info@funkyvapersvapejuice.co.za;
- Users may lodge complaints concerning the website: info@funkyvapersvapejuice.co.za.
Data Protection
Funky Vapers undertakes that all personal information will be held securely to the standard directed by the Protection of Personal Information Act 4 of 2013 as amended (the “Act” or “POPIA”) and that it has bound its service providers (“Operators”) to a similar standard as required and prescribed by POPIA.
Sharing your Personal Information
We do not sell, trade, or rent Users personal information to others. We may use third-party service providers to administer e-mail campaigns on our behalf, such as sending out newsletters and promotions. By completing our registration/subscription forms and volunteering your contact information, we have assumed that we have obtained your implied permission to use that information in this manner, along with any third party who may assist us in this process. Users are welcome to unsubscribe from our info-mailers at any time.
Web Browser Cookies
Funky Vapers website may use “cookies” to enhance the user experience. User’s web browser places cookies on their hard drive for record-keeping purposes and sometimes to track information about them. Users may choose to set their web browser to refuse cookies or alert you when cookies are being sent. If they do so, note that some parts of the site may not function properly.
Governing Law
The validity of this Agreement, its interpretation, the respective rights and obligations of the Parties and all other matters arising in any way out of it or its expiration or earlier termination for any reason shall be determined in accordance with the laws of the Republic of South Africa.