Terms of Use - Shosho Mobile

Shosho Mobile Terms of Use

Terms of Use
(a) This Terms of Use is for the use of this website, including the platform hosted by Shosho Mobile, operated by SHOSHO MOBILE (Pty) Ltd (Enterprise Registration Number 2018 / 526073 / 07).

(b) Access to the Website is contingent upon your acceptance, without adaptation, of these Terms of Use.

(c) By accessing and browsing the Website, you accept, without limitation or qualification, the Terms of Use and the terms and conditions of Shosho Mobile’s Privacy Policy and, if applicable, the terms and conditions as included in Shosho Mobile’s client agreements.

(d) For the purpose of this Terms of Use, you will be referred to as a “Client”, if the relevant clause pertains to any sale of goods or services, supplied by Shosho Mobile.

Use of material on the Website
(a) You may view the Website and its contents using your web browser and electronically copy and print hard copies of parts of this site exclusively for your personal, non-commercial use.

(b) Any other use, including the reproduction, alteration, distribution, transmission, re-publication, display or performance, of the content contained within this site, is strictly prohibited.

(c) You are not permitted to alter or copy the layout of the Website and any computer software and code contained in the Website.

(d) The material provided on the Website is for personal use only and may not be: re-sold and/or redistributed in any material form; stored in any storage media; and/or re-transmitted in any media without the prior written consent of Shosho Mobile.

Links to other Websites

(a) The Website may include links to sites on the internet that are owned and operated by third parties and which are not managed and/or maintained by Shosho Mobile.

(b) Any such links provided, are as a convenience to you and the existence of links to other sites does not imply an endorsement by Shosho Mobile of the linked site.

(d) Shosho Mobile’s hosting and Domain services are provided through our partnership with Liquidnet Ltd. These services are managed directly through our shoshomobile.com website having it’s own Terms of Service.

User Accounts
(a) By signing up for a user account, you acknowledge that you have read this Terms of Use and any other relevant agreements and policies, deemed as relevant by Shosho Mobile, at its full discretion.

(b) Subject to any outstanding payments being made, you may, at any time, cancel your account with Shosho Mobile by sending an email to info@shoshomobile.co.za.

(c) Shosho Mobile may restrict or cancel your user account at any time, without informing you, for any reason whatsoever, including, but not limited to, a breach of the terms of this Terms of Use.

Intellectual Property-General
(a) Shosho Mobile reserves all intellectual property rights including, but not limited to, copyright in material and/or services that it provides.

(b) The copyright in the Website and its content, including, but not limited to, design templates, is owned by Shosho Mobile, its affiliates or by third parties who have licensed the materials to Shosho Mobile or its affiliates.

Intellectual Property – Sale of Content
(a) The Client agrees that the benefit to be received by the Client from the Sale Content (Benefit) is:

(i) Subject to sub-clause (d) herein, for personal use or the use of their respective business; and

(ii) not to be commercially sold, sub-licensed, or otherwise commercially exploited.

(b) On the occurrence of a Sale, Shosho Mobile will grant the Client a perpetual, non-exclusive, worldwide, irrevocable, royalty-free licence to use the Sale Content as required by the Client to receive the Benefit.

Agreed Costs
(a) By purchasing Sale Content, therefore, being a party to a Sale, you agree to the cost of sale (Content Price), advertised by Shosho Mobile on the Website and/or FFS Platform, at the time of the Sale.

(b) Subject to sub-clause (c) herein, Shosho Mobile reserves the right to change the Content Price of any Sale Content, at any time, without prior notice to the Clients or users of the Website.

Point of Sale Terms & Conditions
(a) Shosho Mobile uses a number of payment gateways for:

(i) payments made by Clients to Shosho Mobile (Payments); and

(ii) refunds issued by Shosho Mobile to Clients (Refunds).

(b) In the process of making Payments, you may be re-directed to the platform used by that payment gateway (Payment Platform) and, in doing so, agree to the Terms of Use of such Payment Platform.

(c) Shosho Mobile reserves the right to change the preferred payment gateway, at any time, without prior notice to any Clients.

(d) All transactions are processed in ZAR or USD currency, depending on the Content Price of the relevant Sale Content.

Refunds
(a) If there is a minor fault with the functioning of your product, please email info@shoshomobile.co.za to request a repair of the product.

(b) If we are unable to repair the product or a major fault is identified with the product, the Client may choose to receive a replacement product of the exact same value or receive a full refund.

Disclaimer
(a) Shosho Mobile makes the Website available for others to publish information without assuming a duty of care to users.

(b) Shosho Mobile is not in the business of providing professional advice and gives no warranty, guarantee or representation about the accuracy, reliability or timeliness or otherwise, of the information contained on the Website and/or linked sites on the internet.

(c) To the fullest extent permitted by law, Shosho Mobile disclaims any and all warranties, express or implied, regarding: the accuracy, reliability, timeliness or otherwise of any information contained or referred to on the Website and/or of any linked sites; and marketability or suitability for any specific purpose for any service or product contained or referred to on the Website and/or on any linked sites.

(d) Shosho Mobile will not be held liable, under any circumstances, for any loss of profits or any damages of any kind recognised by law (even if it has been advised of the possibility of such loss of profits or damages) which are the consequence of you:

(i) acting, or failing to act, on any information contained on or referred to on the Website and/or any of the linked Websites; and

(ii) using or acquiring, or your inability to use or acquire, any service or product contained or referred to on the Website and/or any linked sites.

(e) Notwithstanding that Shosho Mobile will have used its best efforts to ensure that the information contained and accessed through the Website is correct and up-to-date at the time of publication, Shosho Mobile does not accept responsibility for any error, omission or defect in this information and the Website is provided by Shosho Mobile on an “as is” basis.

(f) To the fullest extent permissible by law Shosho Mobile:

(i) does not make any representation, warranty or endorsement of any kind, express or implied, as to the operation of the site or the information, content, materials or products contained within this site;

(ii) does not warrant that the functions of the Website will be uninterrupted or error-free, that any defects will be corrected to that the server which stores and transmits content to you is free of viruses or other harmful components; and

(iii) does not warrant or make any representation regarding your access to, or the results of your access to, the Shosho Mobile Website (including any related or linked websites) or any content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise.

(g) Shosho Mobile will not be liable under any circumstances for any loss of profits, consequential loss or any damages of any kind recognised by law, which is the consequence of you using or accessing or any inability to use or access the Shosho Mobile Website.

(h) Shosho Mobile will not liable for any delays that may occur during the push live process of your Shosho Mobile’s website – due to external parties involved (eg. your existing domain and/or hosting provider) this process can take anywhere up to 72hrs or longer, depending on your provided details.

(i) Shosho Mobile cannot take responsibility for any issues or circumstances resulting from misuse of Shosho Mobile products, including but not limited to issues caused by external web development not performed by Shosho Mobile.

Limitation of liability
Shosho Mobile’s liability for breach of any warranty or condition in these Terms of Use or for breach of any implied warranty or condition that cannot be excluded by operation of law, is limited at the option of Shosho Mobile to the following:

(a) in the case of services, the supply of the services again or the payment of the cost of having the services supplied again; and

(b) in the case of goods, the replacement of goods or the supply of equivalent goods, the repair of goods, the payment of the cost of replacing the goods or acquiring equivalent goods, or the payment of the cost of having the goods repaired.

Alteration of Terms of Use
Shosho Mobile reserves the right to change the terms of access, conditions and notices under which the Website is offered with or without prior notice to you and without giving any explanation or justification for such change.

Relevant Jurisdiction
(a) If any part of these Terms of Use are found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of the Terms of Access and the severed part will not affect the validity and enforceability of any remaining provisions.

(b) The Terms of Use are to be governed by and construed in accordance with the laws of Kwa-Zulu Natal, South Africa.

(c) Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Durban, Kwa-Zulu Natal, to determine any dispute arising out of these Terms of Use.

Customer Service
For any customer service enquiries, please send an email to info@shoshomobile.co.za.