This website is operated by Jazzberry Street, an international apparel brand and a division of Jazzberry Commerce (referred to throughout as “Jazzberry Street,” “we,” “us,” or “our”). Jazzberry Street offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms, conditions, and policies referenced herein or available by hyperlink. These Terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, or contributors of content.
PLEASE READ CAREFULLY: By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.
SECTION 1 — ONLINE STORE TERMS By agreeing to these Terms, you represent that you are at least the age of majority in your state, province, or country of residence, or that you have given us consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms, viruses, or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your access to our Services.
SECTION 2 — GENERAL CONDITIONS We reserve the right to refuse service to anyone for any legitimate business reason at any time. You understand that your content (not including credit card information) may be transferred unencrypted over various networks. Credit card and payment information is always encrypted during transfer over secure networks. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service without express written permission from Jazzberry Street.
SECTION 3 — ACCURACY, COMPLETENESS & TIMELINESS OF INFORMATION We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon as the sole basis for making decisions without consulting primary sources. Any reliance on the material on this site is at your own risk. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 — MODIFICATIONS TO THE SERVICE AND PRICES Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.
SECTION 5 — PRODUCTS OR SERVICES
- Online Exclusives: Certain products or collections may be available exclusively online through the website. These items may have limited quantities and are subject to return or exchange strictly according to our Returns Policy.
- Colors & Visuals: We make every effort to display the colors, textures, and details of our apparel as accurately as possible. We cannot guarantee that your device’s display will be completely accurate.
- Limitations: We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region, or jurisdiction on a case-by-case basis. We reserve the right to limit quantities or discontinue any product at any time.
SECTION 6 — ACCURACY OF BILLING & ACCOUNT INFORMATION We reserve the right to refuse, limit, or cancel any order placed with us (e.g., orders placed by the same account, credit card, or shipping address). In the event that we make a change to or cancel an order, we will attempt to notify you via the email or billing address/phone number provided at the time the order was made. You agree to provide current, complete, and accurate purchase and account information for all transactions, including updating your email address, billing address, and payment details promptly.
SECTION 7 — OPTIONAL THIRD-PARTY TOOLS We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
SECTION 8 — THIRD-PARTY LINKS Certain content, products, and services available via our Service may include materials from third parties. Third-party links on this site may direct you to third-party websites that are not affiliated with Jazzberry Street. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials, products, or services.
SECTION 9 — USER COMMENTS, FEEDBACK & SUBMISSIONS If you send us creative ideas, suggestions, proposals, plans, reviews, or other materials (collectively, “comments”), you agree that Jazzberry Street may, at any time, without restriction, edit, copy, publish, distribute, and otherwise use those comments in any medium. We are and shall be under no obligation to:
- Maintain any comments in confidence;
- Pay compensation for any comments; or
- Respond to any comments.
SECTION 10 — ERRORS, INACCURACIES & OMISSIONS Occasionally there may be information on our site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after an order has been submitted).
SECTION 11 — PROHIBITED USES In addition to other prohibitions set forth in these Terms, you are prohibited from using the site or its content:
- For any unlawful purpose or to solicit others to perform illegal acts;
- To violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances;
- To infringe upon or violate our intellectual property rights or the intellectual property rights of others;
- To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
- To submit false, misleading, or deceptive information;
- To upload or transmit viruses, malware, or malicious code;
- To collect or track the personal information of others;
- To spam, phish, pharm, pretext, spider, crawl, or scrape content.
SECTION 12 — DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
- “As-Is” Basis: All products and services delivered to you through Jazzberry Street are provided “as is” and “as available” for your use, without any representation, warranties, or conditions of any kind, either express or implied.
- Limitation: In no case shall Jazzberry Street, a division of Jazzberry Commerce, our directors, officers, employees, affiliates, agents, contractors, suppliers, or service providers be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind—including lost profits, lost revenue, lost data, or replacement costs—arising from your use of any service or product.
SECTION 13 — INDEMNIFICATION You agree to indemnify, defend, and hold harmless Jazzberry Street, Jazzberry Commerce, and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
SECTION 14 — SEVERABILITY In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 15 — TERMINATION The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
SECTION 16 — ENTIRE AGREEMENT The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site constitute the entire agreement and understanding between you and us and govern your use of the Service.
SECTION 17 — GOVERNING LAW These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of South Africa.
SECTION 18 — CHANGES TO TERMS OF SERVICE You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes.
SECTION 19 — CONTACT INFORMATION Questions about the Terms of Service should be sent to us via our designated support channels or delivered in writing to our principal business location:
Jazzberry Street (a division of Jazzberry Commerce)
142 Blandford road, Northriding
Randburg, Gauteng 2169, South Africa