Last Updated May 11, 2021
You certify that the Content you provide on or through the Tololi Sites is accurate and that the information you provide on or through the Tololi Sites is complete. You are solely responsible for maintaining the confidentiality and security of your account including username, password, and PIN. Tololi is not responsible for any losses arising out of the unauthorized use of your account. You agree that Tololi does not have any responsibility if you lose or share access to your device. Any agreement between you and the issuer of your credit card, debit card, or other form of payment will continue to govern your use of such payment method on the Tololi Sites. You agree that Tololi is not a party to any such agreement, nor is Tololi responsible for the content, accuracy, or unavailability of any method used for payment. Your account may be restricted or terminated for any reason, at our sole discretion. Except as otherwise provided by law, at any time without notice to you, we may (1) change, restrict access to, suspend, or discontinue the Toloi Sites or any portion of the Tololi Sites, and (2) charge, modify, or waive any fees required to use any services, functionality or other content available through the Tololi Sites or any portion of the Tololi Sites.
- In connection with the Tololi Sites, you will not:
- Make available any Content through or in connection with the Tololi Sites that is or may be in violation of the content guidelines set forth in Section 4.C (Prohibited Content) below.
- Make available through or in connection with the Tololi Sites any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment.
- Use the Tololi Sites for any commercial purpose, or for any purpose that is fraudulent or otherwise tortious or unlawful.
- Harvest or collect information about users of the Tololi Sites.
- Interfere with or disrupt the operation of the Tololi Sites or the systems, servers, or networks used to make the Tololi Sites available, including by hacking or defacing any portion of the Tololi Sites; or violate any requirement, procedure or policy of such servers or networks.
- Restrict or inhibit any other person from using the Tololi Sites.
- Reverse engineer, decompile, or disassemble any portion of the Tololi Sites, except where such restriction is expressly prohibited by applicable law.
- Remove any copyright, trademark, or other proprietary rights notice from the Tololi Sites.
- Frame or mirror any portion of the Tololi Sites, or otherwise incorporate any portion of the Tololi Sites into any product or service, unless you obtain Tololi’s express prior written consent to do so.
- Systematically download and store any Materials.
- Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather any Materials, or reproduce or circumvent the navigational structure or presentation of the Tololi Sites, without Tololi’s express prior written consent.
- Cause injury to any person or entity.
- You will not use the Tololi Sites or Tololi’s name, logo, or brand to (1) send any unsolicited or unauthorized Content, including advertising, promotional materials, email, junk mail, spam, or other form of solicitation; or (2) use any meta tags or other hidden text or metadata utilizing a Tololi trademark, logo, URL, or product name without Tololi’s written consent;
4. Posting and Conduct Restrictions
A. Submitting Content and Ideas
You grant to Tololi a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display (publicly or otherwise) any Content that you make available, in any media or medium, and in any form, format, or forum now known or hereafter developed. You further agree that Tololi is free to use any Ideas for any purpose. Tololi may sublicense its rights in Content and Ideas through multiple tiers of sublicenses. Tololi is, and will be, under no obligation (1) to maintain any Content or Idea in confidence; (2) to pay any compensation for any Content or Idea; or (3) to respond to any Content or Idea. You grant to Tololi the right to use any name associated with any Content or Idea that you make available to Tololi, although Tololi has no obligation to exercise such right, or to otherwise provide any attribution for any Content or Idea.C. Prohibited Content
You agree that you will not make available Content in connection with the Tololi Sites that:
- is false, fraudulent, inaccurate, or misleading;
- contains your full name(s), or any other confidential personally identifiable information of yourself or others;
- violates any local or international laws or is otherwise tortious;
- is protected by or would infringe on the rights of others (including Tololi), including any patent, copyright, trademark, trade secret, right of publicity or privacy, or any other proprietary right, without the express prior written consent of the applicable owner;
- is obscene, indecent, pornographic, or otherwise objectionable;
- is derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Tololi in its sole discretion;
- victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
- is violent or threatening, or promotes violence against, or actions that are threatening to, any individual or group;
- contains advertisements, solicitations, or spam links to other web sites or individuals, without prior written permission from Tololi;
- contains or relates to chain letters or pyramid schemes;
- impersonates another business, person, or entity, including Tololi, its related entities, employees, and agents;
- violates any policy posted on the Tololi Sites; or
- is intended to cause harm, damage, disable, or otherwise interfere with the Tololi Sites or our partners.
5. Monitoring by Tololi
The Sites may make available listings, descriptions, and images of goods and services (collectively, “Products”). Such Products may be made available by us or by third parties. We make no representations as to the completeness, accuracy, reliability, validity, or timeliness of such listings, descriptions, or images (including any features, specifications, and prices contained on the Sites). Such information and the availability of any Product are subject to change at any time without notice.
We have made efforts to accurately display the attributes of Products, including the applicable colors. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will accurately reflect actual product color or finish. In addition, certain weights, measures, and similar descriptions are approximate and are for convenience only.
We sell Products for children’s use; however, these Products are intended for sale to adults.
Tololi has no liability to you for content on the Tololi Sites that you find to be offensive, indecent, or objectionable. Certain Products are labeled with age restrictions or are intended for individuals of certain ages or “mature audiences” only. By ordering an age restricted item, you certify that you satisfy the age restrictions.
Tololi is not responsible for, and cannot guarantee the performance of, goods and services provided by third parties, including any Tololi Entity, our advertisers, or other third parties to whose sites we link. While our goal is to provide accurate information, product packaging and material may contain more and/or different information than that provided on Tololi Sites, including the product description, country of origin, ingredient, allergen, and other information. Always read labels, warnings, directions, and other information provided with the product before using or consuming the product. For additional information about a product, please contact the manufacturer. If you find a product is not as described, your sole remedy is to return it in unused condition (excluding products that are not eligible for return), in accordance with Tololi’s return policy. It is your responsibility to ascertain and obey all applicable local and foreign laws (including minimum age requirements) regarding the purchase, possession, and use of any Product.8. Third Party Sites
A. Order Acceptance and Billing
By confirming your purchase at the end of the checkout process, you agree to accept and pay for the Products, as well as all shipping and handling charges and applicable taxes.
In addition to any other remedies available to it, Tololi may in its sole discretion restrict or terminate your account, or cancel or refuse orders for violations of, or abuse of the Tololi returns policy.B. Pricing Information; Availability
Tololi cannot confirm the price or availability of an item until after your order is placed. Pricing or availability errors may occur on the Tololi Sites. The receipt of an order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a Product. Tololi reserves the right to cancel any orders containing pricing or availability errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from Tololi. Tololi may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Pricing for products may be different on the Tololi Sites or from prices available in Tololi stores or on Tololi Apps.C. Promotional Codes
Promotional codes are limited in nature and may expire or be discontinued with or without notice. Promotional codes are void where prohibited by law. Promotional codes may not be copied, sold, or otherwise transferred. They are not redeemable for cash and are subject to cancellation or change at any time for any reason without notice. We reserve the right in our discretion to impose conditions on the offering of any promotional code.10. Shipping and Delivery
Products will be shipped to an address designated by you, if applicable, so long as such address is complete and complies with the shipping restrictions contained on the Tololi Sites. All transactions are made pursuant to a shipping contract, and, as a result, risk of loss and title for Products pass to you upon delivery of the Products to the carrier.
Estimated delivery times are determined based on the method of shipping chosen when Products are purchased and the destination of the Products.11. Intellectual Property
No license, right, title, or interest in the Tololi Sites or any Materials is transferred to you as a result of your use of the Tololi Sites or your accessing, viewing, downloading, or printing of the Materials. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell, or participate in any sale of or exploit in any way, in whole or in part, any of the Materials or the Tololi Sites. The Tololi Sites and Materials may be used only as a personal shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Tololi Sites and the Materials is strictly prohibited.
TOLOLI, TOLOLISHOP, the TOLOLISHOP.CO.ZA names and logos, and all other graphics, logos, page headers, button icons, scripts, and service names included in or made available through any of the Tololi Sites are trademarks or trade dress of Tololi in the SA and other countries. All other marks are the property of their respective companies.12. Promotions
THE TOLOLI SITES, AND ALL CONTENT, MATERIALS, PRODUCTS, SERVICES, FUNCTIONALITY, AND OTHER ITEMS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE TOLOLI SITES, ARE PROVIDED BY TOLOLI ON AN “AS IS” AND “AS AVAILABLE” BASIS. TOLOLI MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE TOLOLI SITES OR THE CONTENT, MATERIALS, PRODUCTS, SERVICES, FUNCTIONALITY, OR OTHER ITEMS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE TOLOLI SITES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE TOLOLI SERVICES IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE TOLOLI SITES AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE TOLOLI SITES MAY NOT BE SECURE AND MAY BE INTERCEPTED OR OTHERWISE ACCESSED BY UNAUTHORIZED PARTIES. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO TOLOLI ENTITY IS RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR PROPERTY OR DATA THAT RESULTS FROM ANY MATERIALS YOU ACCESS OR DOWNLOAD FROM THE TOLOLI SITES.14. Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, TOLOLI ENTITIES WILL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE EVEN IF AN AUTHORIZED REPRESENTATIVE OF A TOLOLI ENTITY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, THIS DISCLAIMER APPLIES TO, BUT IS NOT LIMITED TO, ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION FAILURE, NETWORK OR SYSTEM OUTAGE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OF USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. SUBJECT TO THE FOREGOING, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, NO TOLOLI ENTITY WILL BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE TOLOLI SITES DURING THE SIX (6) MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, NO TOLOLI ENTITY WILL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY SELLER, SHOPPER, OR OTHER USER OF THE TOLOLI SITES.15. Availability and termination
We will use reasonable endeavours to maintain the availability of the Tololi Sites, except during scheduled maintenance periods, and are entitled to discontinue providing the Website or any part thereof with or without notice to you.16. Applicable Law
In the event of any dispute arising between you and Tololi, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Western Cape Division, Cape Town) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
18. Risk of loss & late delivery
All purchases of physical items from Tololi are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
The following links direct you to pages where we can access to the track by providing waybill numbers.
Tololi assists in the coordination between customers and couriers to get the items delivered on time safe and sound, but we are NEITHER liable for the delay of the delivery NOR any damage caused due to the delay of the delivery. We will submit a complaint against the delivery provider who provided the service causing issues and follow it up until the issue gets resolved.19. General terms
If you have any questions or comments, please contact us at email@example.com, Please note that e-mail communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your e-mail correspondence with us.