Terms of service
Overview
This website is operated by Digital Loot. Throughout the site, the terms "we", "us" and "our" refer to Digital Loot. We offer this website, including all information, tools and products available here, to you, the user, conditioned on your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or buying something from us, you engage in our "Service" and agree to be bound by these Terms of Service ("Terms"), including the additional terms, conditions and policies referenced here or available by link — in particular our Returns, Refunds & Warranty Policy, Shipping Policy and Privacy Policy, which form part of these Terms.
Please read these Terms carefully before using our site. If you do not agree to all of them, you may not access the site or use the Service.
Nothing in these Terms limits or excludes any rights you have under the Consumer Protection Act 68 of 2008, the Electronic Communications and Transactions Act 25 of 2002, or any other law that applies to you. Where anything in these Terms conflicts with those rights, those rights prevail.
1. Online store terms
By agreeing to these Terms, you confirm that you are at least 18 years old, or the age of majority in South Africa, or that you are the age of majority and have given us your consent to allow any minor dependants to use this site.
You may not use our products for any unlawful or unauthorised purpose, nor may you, in using the Service, breach any laws of the Republic of South Africa (including copyright laws).
You must not transmit any worms, viruses or any code of a destructive nature. A breach of any of these Terms will result in an immediate termination of your right to use the Service.
2. General conditions
We reserve the right to refuse service to anyone for any lawful reason at any time.
You understand that your content (not including payment card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Payment card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without our express written permission.
3. Accuracy, completeness and timeliness of information
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon as the sole basis for making decisions. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information, which is not necessarily current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site.
4. Modifications to the service and prices
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content of it) without notice at any time. We will not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service, except to the extent required by law.
5. Products and services
Certain products may be available exclusively online through the website. These products may have limited quantities and are subject to our Returns, Refunds & Warranty Policy.
We have made every effort to display as accurately as possible the colours, images and specifications of our products. We cannot guarantee that your monitor's display of any colour will be accurate.
We reserve the right to limit the quantities of any products that we offer. All descriptions of products and product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time.
Digital products. Software licences, game keys, activation codes and other digital products are delivered electronically and are treated as supplied in full once the code is revealed, redeemed, or the download is accessed. Returns and refunds for digital products are governed by our Returns, Refunds & Warranty Policy.
We do not warrant that the quality of any products, services, information or other material you purchase or obtain will meet your expectations, save as required by law. Any offer for any product or service made on this site is void where prohibited.
6. Accuracy of billing and account information
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. If we change or cancel an order, we may attempt to notify you via the email and/or billing address or phone number provided at the time the order was made.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and payment details, so that we can complete your transactions and contact you as needed.
7. Third-party links and tools
We may provide you with access to third-party tools which we neither monitor nor have any control over.
You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We have no liability arising from or relating to your use of optional third-party tools, save as required by law.
Certain content, products and services available via our Service may include materials from third parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites. Please review the third party's policies and practices before you engage in any transaction; complaints or questions regarding third-party products should be directed to the third party.
8. User comments, feedback and other submissions
If you send us certain specific submissions (for example competition entries) or, without a request from us, you send creative ideas, suggestions, proposals, plans or other materials ("comments"), you agree that we may, at any time and without restriction, use, edit, copy, publish and distribute any comments that you forward to us. We are under no obligation to keep any comments confidential, to pay compensation for any comments, or to respond to any comments.
You agree that your comments will not violate any right of any third party, and will not contain unlawful, abusive or otherwise objectionable material. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.
9. Personal information
Your submission of personal information through the store is governed by our Privacy Policy, which describes how we collect, use and protect your personal information in line with POPIA. Please review it to understand our practices.
10. Errors, inaccuracies and omissions
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order), subject to your rights under the Consumer Protection Act.
We undertake no obligation to update, amend or clarify information in the Service or on any related website, except as required by law.
11. Prohibited uses
In addition to other prohibitions set out in these Terms, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any national or provincial regulations, rules, laws or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service. We reserve the right to terminate your use of the Service for violating any of the prohibited uses.
12. Disclaimer of warranties; limitation of liability
We do not guarantee that your use of our Service will be uninterrupted, timely, secure or error-free.
Except for any warranties, rights or remedies that apply to you under the Consumer Protection Act, the Electronic Communications and Transactions Act or any other applicable law — which are not excluded, restricted or waived by these Terms — the Service and all products delivered to you through the Service are (unless expressly stated by us) provided "as is" and "as available" for your use, without any representation, warranty or condition of any kind beyond those imposed by law.
To the maximum extent permitted by law, Digital Loot and its directors, employees and agents will not be liable for any indirect, incidental, punitive or consequential loss of any kind arising from your use of the Service or any products procured through it. Nothing in this section excludes or limits our liability where it may not lawfully be excluded or limited — including liability under the Consumer Protection Act, or for death or personal injury caused by our negligence. Where our liability cannot be excluded but may be limited, it is limited to the maximum extent permitted by law.
13. Indemnification
You agree to indemnify, defend and hold harmless Digital Loot and our directors, employees and agents from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third party. This does not apply to the extent the claim arises from our own unlawful conduct or negligence.
14. Severability
If any provision of these Terms is determined to be unlawful, void or unenforceable, that provision is nonetheless enforceable to the fullest extent permitted by law, and the unenforceable portion is deemed severed from these Terms. Such determination does not affect the validity and enforceability of the remaining provisions.
15. Termination
The obligations and liabilities of the parties incurred prior to the termination date survive the termination of this agreement for all purposes.
These Terms are effective unless and until terminated by either you or us. You may terminate them at any time by notifying us that you no longer wish to use our Service, or by ceasing to use our site.
If in our sole judgement you fail, or we suspect that you have failed, to comply with any term of these Terms, we may also terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination.
16. Entire agreement
The failure by us to exercise or enforce any right or provision of these Terms does not constitute a waiver of that right or provision.
These Terms and any policies or operating rules posted by us on this site or in respect of the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior agreements between you and us. Any ambiguities in the interpretation of these Terms will not be construed against the drafting party.
17. Governing law
These Terms of Service, and any separate agreements whereby we provide you Services, are governed by and construed in accordance with the laws of the Republic of South Africa, and you submit to the non-exclusive jurisdiction of the South African courts.
18. Changes to terms of service
You can review the most current version of these Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
19. Contact information
Questions about these Terms should be sent to us at hello@digitalloot.co.za.
Digital Loot Holkam Road, Paulshof, Johannesburg, 2191, South Africa Email: hello@digitalloot.co.za · Phone: 011 568 1722