Welcome to the Doogee SA website. By making use of this website, you indicate your full acceptance of these terms and conditions as laid out below. If you do not agree to these terms and conditions, we urge you to refrain from using our website/s.
Doogee SA is brought to you by Cash Crusaders Franchising (Pty) Ltd (reg. no. 2003/017313/07), a private company with its office located at No 1, Lakeside Place, Capricorn Park, Prince George Drive, Muizenberg 7945 (also referred to as "Company', "we' or "us") and makes available online buying,
- "Company" means Cash Crusaders Franchising (Pty) Ltd (reg no 2003/017313/07).
- "CPA' means the Consumer Protection Act 68 of 2008.
- "ECTA" means the Electronic Communications and Transactions Act 25 of 2002.
- "End User" means the person who accesses or makes use of the doogee.co.za website and the term “you” shall be used interchangeably to refer to the.
- “Products or Product” means the product/s available for selection on the website from time to time listed on the Doogee SA website
- "Person" refers to a natural person.
- "POPI Act' means the Protection of Personal Information Act 4 of 2013.
- "Doogee SA website" means the online, cloud-based, advertising platform trading as 'Doogee SA', accessible either through a mobile device or web browser at www.doogee.co.za pursuant to which:
REGISTRATION AND CONDITIONS OF ACCESS
- must be a natural person who is over the age of 21 (twenty-one) years old;
- agree to comply with all applicable laws and regulations governing the use of the Doogee SA website;
- including, without limitation, the provisions of the following ECTA:
- agree to the processing of your personal information on the terms as more fully contemplated in clause 16 below;
- may not be a person who carries on a business of dealing in second-hand products as contemplated in the Secondhand Goods Act 6 of 2009, unless you are duly registered as a dealer with the South African Police Services and have been issued with a valid certificate of registration which is current.
AVAILABILITY OF PRODUCTS:
Doogee SA normally list items on the website, as per store availability. Sometimes errors may occur and the item ordered online may not be available in store. We apologise should this happen and will refund you immediately. However, the refund will be subject to bank clearance policies and may take up to ten (10) days to reflect in your account.
Price errors may occur. We reserve the right to reject any order placed at an incorrect price. Pricing displayed are recommended retail prices and are subject to change. All orders placed online are subject to our acceptance thereof, and should there be any incorrect prices displayed, we will refund you within a reasonable period of time.
The Company reserves the right to temporarily disable or permanently discontinue any and all functionality of the Doogee SA website and/or Doogee SA user accounts at any time, without notice and with no liability towards you.
LIMITATION OF LIABILITY
You expressly understand and agree that the Company, its parents, affiliates, subsidiaries, licensors, assignees, the approved courier, the approved testing centre and each of their respective employees, officers and directors (collectively the "released parties") shall not be liable to you for damages of any kind, whether based in delict, contract, strict liability or otherwise, including without limitation, any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the released parties have been advised of the possibility of such damages) resulting from:
- the use or the inability to use or access;
- the inability to use the mobile application version of the Doogee SA website to access content or data;
- the use of the payment gateway, the approved courier, the approved testing centre, the IMEI verification process;
- unauthorised access to or alteration of your transmissions or data;
- the use, processing and storage of personal information or;
- any other matter relating to the Doogee SA website;
- negligence, acts of God, telecommunications failure, theft or destruction of, or unauthorised access to, the Doogee SA website, your Doogee SA user account or its related information;
By all End-users:
Each end-user warrants that:
- all information submitted during the Doogee SA user account registration process, as well as generally in all use of the Doogee SA user account is true, complete and accurate;
- he/she shall fulfil the obligations of the transaction entered into on the Doogee SA website, and his/her use of the Doogee SA website will be in full compliance with applicable law.
Indemnities by the Company:
The Company indemnifies and holds the Purchaser harmless against any loss, damage or cost caused in the following circumstances:
- in the case of the Purchaser and once the Final Purchase Price has been paid, any loss damage or costs to the product whilst it is in safekeeping or during transit with the Approved Courier.
Indemnities by all End-users:
- While the company makes every effort to ensure that the content and information on the Doogee SA website is complete, accurate and up to date, we do not guarantee the suitability of the products
- You agree to hold harmless and fully indemnify the released parties (as such term is defined in the "Limitation of Liability" clause above) and will not hold the released parties responsible for any claim relating to:
- Your use of the Doogee SA website; or
- You hereby acknowledge that all rights, title and interest in and to the Doogee SA website, including all content made available or to be made available in the future on the Doogee SA website (including without limitation, text, graphics, illustrations, video and audio clips, logos, trademarks, service marks, copyrights, domain names, code, trade names, patents, all copyrightable material (including source and object code), button icons, images, audio clips, digital downloads, data compilations, and software), and/or any other form of intellectual property ("Company Information') are owned by and licensed to the Company or other authorised third parties and are protected from unauthorised use, copying and dissemination.
- The Doogee SA website and the Company Information are protected by applicable intellectual property and other laws, including patent laws, copyright law, trade secret law, trademark law, unfair competition law and any and all other proprietary rights. You agree that you will not, and undertake not to permit a third party to:
- modify, adapt, translate, prepare derivate works from, decompile, reverse engineer; or
- disassemble the Doogee SA website or otherwise attempt to derive the source code of the Doogee SA website;
- capture, reproduce, perform, modify, copy, distribute, transfer, sell or license Doogee SA or the Doogee SA website;
- take any action to circumvent, compromise or defeat any security measures implemented on the Doogee SA website;
- use the Doogee SA website to access, copy, transfer, retransmit or transcode the Company Information;
- interfere with the normal processes or use of the Doogee SA website by inter alia, attempting to access the administration areas of the Doogee SA website; and remove, obscure or alter the Company's (or any third party's) copyright notices, trademarks, or other proprietary rights, notices affixed to or contained within or accessed through the Doogee SA website.
- You agree that if you breach the terms of this proprietary rights clause, the Company will have the right to claim damages from you, which will include the right to claim special, incidental, consequential or indirect damages. The Company also reserves the right to claim for loss of profits and loss of business and recover all legal costs on a scale as agreed between attorney and own client.
- The Company and its licensors make no representations or warranties regarding the accuracy or completeness of the Company Information.
- The Company and our logo are trademarks and/or service marks of the Company or its affiliates.
LINKING TO THIRD PARTY WEBSITES
- The Doogee SA website may contain certain images and links to other third-party websites with information, content or material produced by other parties. These linked third-party websites are not under the control of the Company and the Company is not responsible for the information, content or material on any linked website, including, any link contained in a linked website, or any changes or updates to a linked website.
- The Company is permitting these links to be made available to you only as a convenience, and you agree that the inclusion of links does not imply an endorsement by the Company of the linked website, their business or security practices, or any association with its operators.
- Should you have any queries arising from transactions you conclude with such third parties, you will be required to contact them directly.
- Without limiting the generality of what is set out above, the Company may also use third parties, in order to develop and analyse the use of Doogee SA.
- The Company may, in its sole discretion, and at any time, with or without notice, terminate your password and general access to the Doogee SA website, for any reason or no reason at all.
- Doogee SA is provided on an "as available” basis and without any warranty of any kind to the extent permitted by law, either express or implied; including without limitation, warranties of title, implied warranties of merchantability, non-infringement, or fitness for a particular purpose or those arising by statute or otherwise in law or from a course of dealing or use of any nature as to the products and services being advertised by the Seller or the Processing Partner.
- To the maximum extent permitted law, the Company expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to, the implied warranties and conditions of merchantability fitness for a particular purpose and non-infringement.
- Your use of your Doogee SA' account is at your own risk.
- The Company does not guarantee that:
- Doogee SA; or
- the information, content, tools or materials included on the Doogee SA website; or
- the Company servers; or
- any electronic communications sent by the Company, are free from viruses or other harmful components.
- The Company shall not be obligated to provide you with any maintenance or support services in connection with Doogee SA.
- The Company makes no warranty:
- that the Doogee SA website will meet your requirements;
- that the Doogee SA website will be error-free;
- regarding the security, reliability, timeliness or performance of the Doogee SA website; and
- that any errors in the Doogee SA website will be corrected.
- Any content that you obtain or download through the Doogee SA website is obtained at your own discretion and risk.
- You will be solely responsible for any damage to any device of yours or any loss of data that may result from downloading such content or material.
DISCLOSURE IN TERMS OF SECTION 43 OF THE ECTA
In accordance with the provisions of section 43 of the ECTA, you have the right and the Company has an obligation to disclose the following information:
- Full name, registration number and legal status of the Company: Cash Crusaders Franchising (Pty) Ltd.
- Physical Address: No. 1 Lakeside Place, Capricorn Park, Prince George Drive, Muizenberg 7945
- Website: www.doogee.co.za
- Membership of self-regulatory or accredited bodies: Member of FASA
- Codes of conduct to which the Company subscribes:
- Honour - We honour the Doogee SA brand through honesty and fairness, making things happen and always offering the most interesting shopping experience.
- Professionalism - We treat others as we would like to be treated. We value excellence and exceed expectations always. We seek to understand before being understood, through clear communication.
- Innovation and Change - Once a decision is made, we will all support it. We take pride in implementing, to the best of our ability, even when that means changing systems for growth.
- Growth - We recognise achievement, nurture skills and create wealth across our organisation, extending relationships into the community.
- Place of registration: South Africa.
- The physical address for receipt of legal service: No. 1 Lakeside Place, Capricorn Park, Muizenberg, Cape Town, 7945.
- The main business of the Company: Second Hand and New Goods retailer.
- What information do we collect?
- Personal Information.
- The Company does not collect or hold any cardholder data; the Company does not collect any funds for or on behalf of you for the purposes of any transaction with any third party (including the Payment Processor, Seller or Purchaser), with whom you transact on the Doogee SA website.
- How we collect and store your Personal Information?
- Personal Information is stored in a secure environment protected by a combination of physical and mechanical measures. For the avoidance of doubt, the Personal Information is not accessible to the general public.
- Why we collect and use your Personal Information?
- We use your Personal Information in order to operate and improve the function and content of the Doogee SA website, and our other applications, sites, services, and tools
- Your Personal Information is also collected in order for the Company, the Payment Processor and each of their Affiliates to send you marketing and promotional communication regarding products and services, including by way of electronic means.
- Where will your Personal Information be stored?
- The Personal Information Doogee SA collects may be stored locally on your Mobile Device and be transmitted to our third party's server located outside of South Africa. The transmission of information over wireless and wired networks is not inherently secure. The Company will implement all necessary and adequate measures to help protect your Personal Information against unauthorised access and disclosure. However, the Company does not guarantee the safety thereof.
- By downloading or accessing www.doogee.co.za, you expressly:
- confirm that you are over the age of 21 (twenty-one) years;
- agree to receive future communications, including direct marketing communications, from the Company, their Channel Partners and/or any of each of their affiliates ("Parties”), either directly or through their duly authorised agents such as marketing agencies from time to time, including marketing and advertising material and information on promotions and offers either relating to the products and/or services of the Parties (provided you have opted-in to receive these);
- consent to the collection, collation, processing, further processing and disclosure of your Personal Information (which for the avoidance of doubt shall include your Mobile Device Data) by the Parties for the purposes more fully set out below, and their appointed designees from time to time, which may include parties involved in the technical administration and maintenance of any database which will house your information, information technology companies and marketing companies;
- acknowledge that in relation to the collection, collation, processing, further processing and disclosure of Personal Information by the Company, the nominated address of the Company is located at No 1, Lakeside Place, Capricorn Park Prince George Drive, Muizenberg, 7945. In relation to the collection, collation, processing, further processing and disclosure of Personal Information by any other Responsible Party as such term is defined in the POPI Act, such Responsible Party shall be responsible for making their nominated address available to you;
- your Personal Information is required by the Company for purposes of enabling you to make use of the Doogee SA website, which includes creating a Doogee SA User Account, which is required prior to gaining access to the Doogee SA website; in the case of the Mobile Device Data, enabling the Company to send you targeted Advertisements; direct marketing by the Company, the Channel partners and/or their respective affiliates of their products and services; and selling, exchanging, transferring, renting or otherwise making:
- available the Personal Information to other parties for purposes of direct marketing by them of their products and services.
- Understanding that those other parties may transfer and store your Personal Information to a third country that does not have the same level of protection in respect of the processing personal information, as is provided for in South Africa;
- your consent herein provided is given freely and voluntarily and you are under no obligation to provide this consent. Your consent shall, in the absence of any written objection received from you, be indefinite and/or for the period otherwise required in terms of any applicable law;
- You may at any time request a record of, or object to the processing of, your Personal Information held by the Parties and their designees.
- You are entitled to request the correction, destruction or deletion of your Personal Information that is inaccurate, irrelevant, excessive, out of date, incomplete, misleading or obtained unlawfully.
- If you suspect any interference with the protection of your Personal Information held by the Parties and its designees, you shall in the first instance resolve any concerns with the Company. If you are not satisfied with such a process you may at any time lodge a complaint with the Office of the Information Regulator, once it has been established.
- You may demand during or within a reasonable time after providing this consent that the Parties desist from initiating any further communication with you.
- For the purposes of this Clause 20, a force majeure event shall, without limitation of the generality of the afore-going, be deemed to include any act of God, strikes, lock-outs, accidents, fire, explosions, war (whether declared or not), invasion, any acts of foreign enemies, hostilities, riot, civil insurrection, military uprising, Insurrection, rebellion, revolution, military or usurped power, flood, earthquake, lightning, action, intervention or decree of the local or national government, civil war, any event of force majeure.