Terms of Use

Tololishop.co.za. Terms of Use

Last Updated May 11, 2021

Please review these Terms of Use carefully.

1. Introduction

    Welcome to Tololi Online Store Term of Use agreement. For purposes of this agreement, “Site” refers to the Company’s website, which can be accessed at www.tololishop.co.za or through our mobile application. These Terms of Use govern your access to and use of all Tololi Sites among other things. By using the Tololi Sites, you affirm that you are of legal age to enter into these Terms of Use, or, if you are not, that you have obtained parental or guardian consent to enter into these Terms of Use and your parent or guardian consents to these Terms of Use on your behalf. If you violate or do not agree to these Terms of Use, then your access to and use of the Tololi Sites is unauthorized. Additional terms and conditions apply to some services offered on the Tololi Sites or through other channels. Those terms and conditions can be found where the relevant service is offered on the Tololi Sites or otherwise and are incorporated into these Terms of Use by reference.

    2. Privacy

      The Company respects the privacy of its Service users. You acknowledge that any personal information that you provide through the Tololi Sites will be used by Tololi in accordance with Tololi Privacy Policy, which explains how we collect, use, and disclose information that pertains to your privacy.

      3. Your Use of the Tololi Sites

        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.

        Use Restrictions

        • 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.
          • Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute, or otherwise exploit any portion of (or any use of) the Tololi Sites except as expressly authorized in these Terms of Use, without Tololi’s express prior written consent.
          • 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.
          • Violate any law, rule, or regulation, or these Terms of Use.
        • 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;
        • You will not attempt to do anything, or permit, encourage, assist, or allow any third party to do anything, prohibited in this Section, or attempt, permit, encourage, assist, or allow any other violation of these Terms of Use.

        4. Posting and Conduct Restrictions

        A. Submitting Content and Ideas

          Tololi provides functionality that enables users to make available Content and Ideas in connection with the Tololi Sites. Any text in Content should be written in English. You acknowledge and agree that you are responsible for all Content and Ideas you make available in connection with any Tololi Site. You represent and warrant that (1) you have the authority to grant the rights in such Content and Ideas as set forth in these Terms of Use, including in Section 4(B) below; and (2) such Content and Ideas, and the use of such Content and Ideas, will not violate any term of these Terms of Use. This means you will be responsible for the legality, the accuracy, the appropriateness, the originality, and your rights in any such Content and Ideas.

          B. Tololi’s Rights to Use 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

                Tololi will have the right (but not the obligation), in our sole discretion, to monitor, evaluate, and analyze Content, and any use of and access to the Tololi Sites, including to determine compliance with these Terms of Use and any other operating rules that may be established by Tololi from time to time. Tololi will also have the right (but not the obligation), in our sole discretion, to edit, move, delete, or refuse to make available any Content made available through, the Tololi Sites, for any reason, including violation of these Terms of Use, whether for legal or other reasons. Despite this right of ours, you are solely responsible for any Content you make available, and you agree to indemnify Tololi for all claims resulting from any Content you make available.

                6. Links to other Sites and/or Materials

                  As part of the Service, we may provide you with convenient links to third party website(s) (“Third Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). These links are provided as a courtesy to Service subscribers. We have no control over Third Party Sites or Third Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software or Content. Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply our approval or endorsement. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies, including these Terms of Use, no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third Party Site to which you navigate from the Site or relating to any applications you use or install from the Third Party Site.

                  7. Merchandise

                    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

                      References on Tololi Sites to any names, marks, products, or services of third parties, or links to third-party sites or information, are not an endorsement, sponsorship, or recommendation of the third party or its information, products, or services. Tololi is not responsible for the content of any third-party linked site or any link contained in a linked site, including any third-party social media or mobile app platform with which the Tololi Sites operate or otherwise interact, nor is Tololi responsible for the acts or omissions of any operator of any such site or platform. Your use of any such third-party site or platform is at your own risk, and will be governed by such third party's terms and policies (including its privacy policy).

                      9. Placing an Order

                      A. Order Acceptance and Billing

                        You represent and warrant that you have the right to use any credit card or other means of payment that you provide to us. By providing payment card information to us, you authorize us to store and use the card as a payment method for purchases made through your account. All billing information you provide to us must be truthful and accurate. Providing any untruthful or inaccurate information is a breach of these Terms of Use and may result in cancellation of your order. Prior to accepting an order we may also request additional information from you. Verification of information may be required prior to the acknowledgment or completion of any purchase. We reserve the right to refuse or cancel an order for any reason including limitations on quantities available for purchase, inaccuracies, or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge. We will attempt to contact you if all or any portion of your order is canceled or if additional information is required to accept your order. Tololi may request a pre-authorization for some orders placed online with a credit or debit card. This pre-authorization will not be billed to you; however, your card issuer may hold this amount for a short period. Your card issuer determines the length of time the pre-authorization is held. We do this to ensure that the card details are still valid and that you have sufficient funds to complete the transaction.

                        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.

                        Tololi reserves the right, including without prior notice, to limit the quantity of items purchased per person, per household, or per order for any reason. We will attempt to notify you should such limits be applied. Tololi also reserves the right, at our sole discretion, to prohibit sales to dealers or resellers. For purposes of these Terms of Use, “reselling” will be defined as purchasing or intending to purchase any Product(s) from Tololi for the purpose of engaging in a commercial sale of the same Product(s) to a third party.

                        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

                                The Tololi Sites and all Materials, and all copyrights, trademarks, trade dress, and other intellectual property rights there (collectively, the “IP”) are owned or controlled by or licensed to Tololi, and are protected by SA and international trademark, copyright, and other intellectual property laws. Materials are licensed (not sold) to end users. Subject to your compliance with these Terms of Use, and solely for so long as you are permitted by Tololi to use the Tololi Sites, you may access, view, download, and print the Materials for your personal, non-commercial use only; provided, however, that you (1) retain all copyright, trademark, or other proprietary designations contained on all Materials; (2) do not modify or alter the Materials in any way; and (3) do not provide or make available the Materials to any third party in a commercial manner. In addition, subject to your compliance with these Terms of Use, and solely for so long as you are permitted by Tololi to use the Tololi Apps, we permit you, on a limited, non-exclusive, revocable, non-transferable, non-sublicensable basis, to install and use the Tololi Apps on a mobile device that you own or control, solely for your personal, non-commercial use. If you fail to comply with any of the terms or conditions of these Terms of Use, you must immediately cease using the Tololi Apps and remove (that is, uninstall and delete) the Tololi Apps from your mobile device.

                                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

                                  Any sweepstakes, contests, raffles, surveys, games, or similar promotions (collectively, “Promotions”) made available through the Tololi Sites may be governed by rules that are separate from or supplement these Terms of Use. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms of Use, the Promotion rules will govern.

                                  13. Warranty Disclaimer

                                    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 PERMISSIBLE BY APPLICABLE LAW, TOLOLI DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, TOLOLI DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED. YOU ACKNOWLEDGE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, YOUR USE OF THE TOLOLI SITES IS AT YOUR SOLE RISK. THIS SECTION 13 DOES NOT LIMIT THE TERMS OF ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF AN ITEM THAT IS SOLD BY TOLOLI TO YOU. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS OF USE.

                                    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

                                        These Terms of Use are effective unless and until terminated by either you or Tololi. You may terminate these Terms of Use at any time, provided that you discontinue any further use of the Tololi Sites. We also may terminate these Terms of Use at any time and may do so immediately without notice, and deny you access to the Tololi Sites, if in our sole discretion you fail to comply with any term or provision of these Terms of Use. Upon any termination of these Terms of Use by either you or Tololi, you must promptly destroy all Materials and other Content downloaded or otherwise obtained from the Tololi Sites, as well as all copies of such Content, whether made under these Terms of Use or otherwise.

                                        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

                                          These Terms of Use will be governed by and construed under the laws of the Republic of South Africa. Your continued use of the Tololi Sites will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms of Use.

                                          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.

                                          Nothing in this section 16 or the Terms of Use limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.

                                          17. Modification of Terms of Use

                                            Tololi may, in its sole discretion, change any of these Terms of Use at any time. It is your responsibility to regularly check these Terms of Use and make sure that you are satisfied with the changes. Should you not be satisfied, you must not place any further orders on, or in any other way use, the Tololi Sites.

                                            Any such change will only apply to your use of the Tololi Sites after the change is displayed on the Website. If you use the Tololi Sites after such amended Terms of Use have been displayed on the Tololi Sites, you will be deemed to have accepted such changes.

                                            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.

                                            TNT - https://www.tnt.com/express/en_na/site/shipping-tools/tracking.html

                                            DHL - https://www.dhl.com/en/express/tracking.html

                                            UPS - https://www.ups.com/track?loc=en_ZA&requester=ST/

                                            FedEx - https://www.fedex.com/en-na/tracking.html

                                            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

                                              These Terms of Use represent the complete agreement and understanding between you and Tololi and supersede all prior agreements and representations between the parties with respect to the subject matter of these Terms of Use. These Terms of Use do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and Tololi. Headings used in these Terms of Use are for reference purposes only and in no way define or limit the scope of the section. If any provision of these Terms of Use is held to be unenforceable for any reason, such provision will be reformed only to the extent necessary to make it enforceable and the other terms of these Terms of Use will remain in full force and effect. The failure of Tololi to act with respect to a breach of these Terms of Use by you or others does not constitute a waiver and will not limit Tololi's rights with respect to such breach or any subsequent breaches. You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms of Use without our express prior written consent. We may assign, transfer, or sublicense any or all of our rights or obligations under these Terms of Use without restriction. Any use of the term “including” or variations thereof in these Terms of Use shall be construed as if followed by the phrase “without limitation.” Notices to you (including notices of changes to this these Terms of Use) may be made via posting to the Tololi Sites or by e-mail (including in each case via links)

                                              20. How to Contact Us

                                                If you have any questions or comments, please contact us at info@tololishop.co.za, 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.

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