Terms and conditions
Important information
About this document
This Terms of Use (“Agreement”) is a legal agreement between the user and Done Apparel (Pty) Ltd. providing the terms and conditions for the use of our website; www.doneclo.com.
Terms and conditions changes
We may amend or revise this agreement, and will always keep a latest copy on our website. Should you not agree or cannot comply to the terms and conditions captured in this agreement, amendments of revisions thereof, you should not use our platform. You will be deemed to have read, agreed and comply to this agreement upon the use of our website.
Effective Date: 2021-01-01
Last Update: 2020-12-26*
*Historic versions of this Privacy Policy can be obtained by contacting us.
Contact Details
Registered name: Done Apparel (Pty) Ltd.
Registration number: 2020/236715/07
Postal Address: 192 Furrow Road, 31 Silver Willows Estate, Equestria, Gauteng, 0184
Email: gideon@doneclo.com
Contact details: (+27) 71 415 9652
Definitions
“Data” – refers to any personal information collected by Done Apparel (Pty) Ltd.
“Platform” – refers to any platform owned or used by Done Apparel (Pty) Ltd., including websites, mobile applications, etc.
“We”, “us”, “our ” – refers to Done Apparel (Pty) Ltd.
“You”, “your”, “user(s)” – refers to a client / user of Done Apparel (Pty) Ltd. services, goods or Platform. Might also refer to the reader of the document.
“Website” – refers to Done Apparel (Pty) Ltd. website – www.doneclo.com
THIS AGREEMENT CONTAINS OUR WARRANTY AND LIABILITY DISCLAIMERS. BY USING OUR PLATFORMS YOU ACCEPT AND AGREE TO THE TERMS AND CONDITIONS AS PER THIS AGREEMENT WITHOUT ANY MODIFICATIONS, EXCLUSIONS, EXCEPTIONS, ADDITIONS, WEATHER OR NOT YOU HAVE READ THIS AGREEMENT. IF YOU DO NOT AGREE OR COMPLY TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING ITS AMENDMENTS, THEN YOU ARE NOT AUTHORISED TO USE OUR PLATFORMS, AND WE MAY DENY ACCESS WITHOUT PRIOR NOTICE.
Agreement
Section 1 – Authorised users
To be authorised to use our Platform you; (i) agree that you have read, understood and accepted the terms and conditions captured in this Agreement including all of its amendments, and (ii) you are at least the age of majority as stipulated by the country you reside in. If you do not comply with all the above requirements, then you are not authorised to use our Platforms.
Section 2 – License and restrictions
2.1 Grant of License
We grant you the license to access our Platforms. This is a non-commercial, non-transferable, personal license to access and use our Platform within the limitations set out in this Agreement. Any use of our Platforms not specifically permitted in this Agreement including its amendments is strictly prohibited. All rights are reserved to Done Apparel (Pty) Ltd.
2.2 Restrictions
You agree that; (i) you will not use our Platforms to reproduce copyrighted material, and (ii) you will not access areas on our Platforms which is not dedicated to your or your profile, and (iii) you will not edit, change, move, copy of recreate any content on our Platforms, and (iv) you will not use our Platforms in any manner which violates the terms and conditions as per this Agreement.
Section 3 – Content
3.1 Information
We keep the information on our Platforms as accurate and up to date as possible. Done Apparel (Pty) Ltd. reserves the right to change, remove or add any information provided on our Platforms without prior notice. We do not guarantee the accuracy or completeness of the information on our Platforms, and therefore will not be liable for any inaccuracy pertaining the information on our Platforms.
3.2 Products
Our products are sold exclusively through our website and stores. Product prices stated on the website and through our other Platforms applies to South African currency only (ZAR), and conversions of any sort is at the users discretion. Prices are subject to change, and promotions / sales are effective until terminated by Done Apparel (Pty) Ltd. Done Apparel (Pty) Ltd. reserves the right to cancel any promotions, change prices and withdraw products at any time without prior notice. We only ship our products within the RSA. Any purchases made from our platforms is made at the risk of the purchases, particularly with regards to the authenticity thereof.
Section 4 – Prohibited acts
By using any of our Platforms you accept and agree to adhere to all of the prohibited acts as described below.
4.1 Copyright
All information, media, products and data on our Platforms strictly belongs to Done Apparel (Pty) Ltd. It is prohibited to copy, recreate or impersonate any entity, information, media, products and data on our Platforms.
4.2 Unauthorised access
It is prohibited to (i) access any profile that is not your own, to (ii) register a profile if you are under the legal age limit, to (iii) access any administrative areas of our Platforms, and to (iv) access or harvesting any information / data / media captured on our Platforms.
4.3 Damaging property
It is prohibited to (i) spamming, flooding or harvesting on / to / from our Platforms, to (ii) use promotional events to engage in scamming (iii) impersonate any entity, person, employee, employer or representative of Done Apparel (Pty) Ltd., to (iv) transmit any harvesting, spamming, flooding or disabling mechanism to any of our Platforms, to (v) attempt to bypass or violate any security measures on any of our Platforms, or to (vi) engage in any illegal activity pertaining our Platform.
4.4 Comments / reviews
With regards to reviewing or commenting on any of our Platforms, it is prohibited to (i) use foul language, to (ii) engage in hate speech (iii) supply inaccurate or false information, or to (iv) engage in arguments.
Section 5 – Copy rights
You acknowledge that we own or have a license to all titles and copyrights in and to the content provided on this Site. All titles and intellectual property rights in and to the licensed content provided on this Site is the property of the respective content owners and may be protected by the applicable copyright or other intellectual property laws and treaties, and subject to use restrictions under such laws or treaties.
Section 6 – Trademarks
done.™ is a trademark of Done Apparel (Pty) Ltd., as well as all other related trademark, service marks, graphics and logos (collectively, the “done. Trademarks”) used in connection with the sale and distribution of Done Apparel products. Our Platforms may include third-party Trademarks. You are not granted any rights of license with respect to ant done. Trademarks or any trademarks of these third parties.
Section 7 – Terms of Sale
Done Apparel’s Terms of Sale forms part of this Agreement. All sales by Done Apparel (Pty) Ltd. is governed by Done Apparel’s Terms of Sale. This Terms of Sale can be found here or by contacting us. Please review this Terms of Sale and keep a copy.
Section 8 – Privacy Policy
Done Apparel’s Privacy Policy forms part of the terms and conditions. All information gathered by Done Apparel (Pty) Ltd. is governed by Done Apparel’s Privacy Policy. This Privacy Policy can be found here or by contacting us. Please review this Privacy Policy and keep a copy.
Section 9 – Testimonials
If you submit to us or post a testimonial, comment, review, suggestion, or any work of authorship (collectively a “Submission”) to us, including, without limitation, Submissions about our products or services, such Submission will not be confidential or secret and may be used by us in any manner. By submitting or sending a Submission to us, you: (i) represent and warrant that the Submission is original to you, that no other party has any rights thereto, and that any “moral Rights” in such Submission have been waived, and (ii) you grant us a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sub-licensable right and license to use, reproduce, publish, distribute, display, translate, summarise, modify and adapt such Submission (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed, in our sole discretion, with or without your name.
Section 10 – Term
This Agreement will remain effective until terminated by us.
Section 11 – Disclaimers
11.1 Damage and loss
All content on our Platforms is presented to you “As-is”. We do not guarantee that our Platforms will be free from damage, loss, attack, viruses, interference, hacking or any security intrusions, and disclaim any liability thereto. The use of our Platform is at your own risk.
11.2 Content
We provide not guaranties or warranties pertaining the use or result of use of our Platforms. We do not guarantee that the information provided on our Platforms is accurate, complete, reliable or without errors. We preserve the right to change, remove or discontinue any feature, information or aspect of our Platform, including your use thereof, and we will not be held liable to you or any third party.
11.3 Submission
You acknowledge that any submission of information to us or on our Platforms is done so at your own risk. We will not be held liable to the loss, damage, or liability of such information.
11.4 Third party content and links
Some information and features on our Platforms may include links to third parties. You acknowledge that we assume no liability pertaining this information or features.
Section 12 – Limitation of liability
Done Apparel (Pty) Ltd. will not be liable for damages to you pertaining any indirect, general, special, incidental, consequential, exemplary or other damages (including, with our limitation damages for loss of profits, business interruptions, corruption of files, loss of business information or any other pecuniary loss) even if we have been advised of the possibility of such damages. No oral or written information given by us will create a guarantee or warranty of any sort, and should not be rely on. This exclusion of liability shall apply not withstanding the breach of a fundamental term or condition of this Agreement. This term may be void, inapplicable or enforceable in whole or in part of the Republic of South Africa.
Our entire liability and your exclusive remedy under this Agreement will be limited to one hundred rand (ZAR 100).
Section 13 – Indemnity
You will indemnify and hold us (Done Apparel (Pty) Ltd. including all directors, employees and representatives) harmless with respect to any suits or claims arising out of (i) your breach of this Agreement including all of its amendments, and (ii) your use or misuse of our Platforms.
Section 14 – General
14.1 Third party links
Our Platform may present links to third-party websites not owned or operated by us. We are not responsible for the availability of these third-party sites or their contents. You agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with your use of or reliance on any content of any such third-party site. These links are provided for your convenience only. No endorsement of any third party products, services or information is expressed or implied by any information, material, or content of any third party contained in, referred to, included on, or linked from or to this Site. Your use of such third party websites is subject to the terms and conditions of use and the privacy policies of such website.
14.2 Copyright infringement
If you know of, or suspect, copyright infringement relating to any of our Platforms, please contact us with a detailed description to infringement@doneclo.com
14.3 Governing law
This Agreement will be governed by the laws of the State of New York. The exclusive jurisdiction for any claim, action or dispute with us or relating in any way to your use of this Site will be in the state and federal courts of the State of New York, and the venue for the adjudication or disposition of any such claim, action or dispute will be in the City of New York, New York. All parties to this Agreement waive their respective rights to a trial by jury.
14.4 Notices / notifications
We may send notices to you with respect to your use of this Site by sending an email message to the email address listed in your Account Information, by sending a letter via mail to the contact address listed in your Account Information, or by posting a note on this Site when you access your account. You agree that we may provide notice to you through such means. Unless otherwise stated in the notices, the notices will become effective immediately.
14.5
No failure by us or you to exercise any rights, powers or remedies hereunder or its delay to do so will constitute a waiver of these rights, powers or remedies, and all waivers by us will be in writing. The single or partial exercise of a right, power or remedy will not prevent its subsequent exercise or the exercise of any other right, power or remedy.
14.6 Contact information
For questions regarding our products or our Platforms please contact us through the “contact us” section on our website; www.doneclo.com.
YOU ACKNOWLEDGE THAT YOU HAVE READ, understood and will be bound including its terms and conditions. YOU FURTHER ACKNOWLEDGE THAT THIS AGREEMENT REPRESENTS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
