Terms of Service

General terms governing the use of our website and services

Effective Date: 25 February 2025
Last Updated: 25 February 2025
Company: Refurb Global (Pty) Ltd, a private company registered in South Africa

Table of Contents

1. Acceptance of Terms

By accessing our website at www.refurbglobal.co.za ("Website"), using our services, or submitting devices for repair, you ("User," "Customer," or "you") agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Website or services.

These Terms constitute a legally binding agreement between you and Refurb Global (Pty) Ltd ("Company," "we," "us," or "our").

Important: These general Terms of Service apply to website use and general service engagement. For device repair services, our Repair Terms and Conditions also apply and are incorporated by reference.

2. Services Description

Refurb Global (Pty) Ltd provides the following services:

We reserve the right to modify, suspend, or discontinue any service at any time without prior notice.

3. User Eligibility

By using our services, you represent and warrant that:

4. Website Use

4.1 Permitted Use

You may use our Website for lawful purposes only. You agree not to:

4.2 Account Registration

Certain features may require account registration. You are responsible for:

5. Intellectual Property

5.1 Ownership

All content on this Website, including but not limited to text, graphics, logos, images, audio clips, digital downloads, data compilations, and software, is the property of Refurb Global (Pty) Ltd or its content suppliers and is protected by South African and international copyright, trademark, and other intellectual property laws.

5.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Website for personal, non-commercial purposes. This license does not include:

5.3 Trademarks

"Refurb Global," our logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Refurb Global (Pty) Ltd. You may not use such marks without our prior written permission.

6. Limitation of Liability

6.1 Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR WEBSITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

6.2 Limitation of Damages

IN NO EVENT SHALL REFURB GLOBAL (PTY) LTD, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

6.3 Cap on Liability

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF OUR SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO US (IF ANY) IN THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY, OR R1,000 (ONE THOUSAND SOUTH AFRICAN RAND), WHICHEVER IS GREATER.

7. Indemnification

You agree to defend, indemnify, and hold harmless Refurb Global (Pty) Ltd and its licensees, licensors, employees, contractors, agents, officers, and directors from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:

8. Termination

We may terminate or suspend your access to our services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.

Upon termination, your right to use the services will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

9. Governing Law

These Terms shall be governed and construed in accordance with the laws of the Republic of South Africa, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions will remain in effect.

10. Dispute Resolution

10.1 Negotiation

In the event of any dispute arising from these Terms, the parties agree to first attempt to resolve the dispute through good faith negotiation.

10.2 Mediation

If negotiation fails, the dispute shall be referred to mediation in accordance with the rules of the Arbitration Foundation of Southern Africa (AFSA).

10.3 Arbitration

If mediation fails, the dispute shall be finally resolved by arbitration in Johannesburg, South Africa, in accordance with the rules of AFSA. The arbitration shall be conducted in English, and the decision of the arbitrator shall be final and binding.

11. General Provisions

11.1 Entire Agreement

These Terms, together with our Privacy Policy and Repair Terms and Conditions, constitute the entire agreement between you and Refurb Global (Pty) Ltd regarding our services.

11.2 Changes to Terms

We reserve the right to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our services after any revisions become effective, you agree to be bound by the revised terms.

11.3 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.

11.4 Assignment

We may assign or transfer these Terms, in whole or in part, without restriction. You may not assign or transfer these Terms without our prior written consent.

11.5 Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

12. Contact Information

If you have any questions about these Terms, please contact us:

Refurb Global (Pty) Ltd
Email: legal@refurbglobal.co.za
Phone: +27 (0) XX XXX XXXX
Address: [Your Physical Address], South Africa
Website: www.refurbglobal.co.za

Note on Consumer Rights: Nothing in these Terms affects your statutory rights as a consumer under the South African Consumer Protection Act 68 of 2008. If you are a consumer (an individual acting outside your trade, business, or profession), you have certain rights that cannot be excluded or limited.