DroporCop Terms and Conditions 

Welcome to the Droporcop. This Terms of Use Agreement (this “Agreement”) is a legal agreement between you (“you” or “your”) and Droporcop, its affiliates, and each of their respective successors and assigned governing board. Your use of Droporcop.com, and related websites and social media sites operated by Droporcop (collectively the “Site”). You hereby agree implicitly and without express written consent that you have read and agree to be bound by the outlined terms and conditions.These terms of Service (these “Terms”) govern your use of each of our online stores accessible via the Site. 

Please read and review these Terms carefully, accepting or agreeing to these Terms when this option is presented to you, you agree to be bound by these Terms. If you don’t agree to these Terms,please refrain from using the Site and its Products or Services. Droporcop reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Site at any time, effective upon posting. We will notify brands/designers of any updates to this agreement. Continued use of the site after such changes shall constitute your consent to such changes. It’s important that you check these terms regularly. Because Products and Services are evolving over time, we may change or discontinue all or any part of the Products/Services

IMPORTANT: THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH IN THE SECTION ENTITLED “DISPUTE RESOLUTION AND ARBITRATION” BELOW REQUIRES YOU TO ARBITRATE CLAIMS YOU MAY HAVE AGAINST DROPORCOP ON AN INDIVIDUAL BASIS, MEANING YOU CANNOT BRING CLAIMS AGAINST DROPORCOP IN COURT, AND CONFIRMS YOUR AGREEMENT TO A CLASS ACTION WAIVER IN ARBITRATION. IT AFFECTS YOUR LEGAL RIGHTS. PLEASE READ IT CAREFULLY.

Who May Use the Services

Eligibility

You may use Our Services only if you are 18 years or older, are capable of forming a binding contract with us and are not barred from using the Services under applicable law. By using the Services, you represent and warrant that you are 18 years or older.

If you want access certain  to material, products or services,including purchasing products online, you may be asked to create an account. As part of the registration process, you may be asked to click to agree to these Terms of Use and Privacy Policy.You’ll have to create an account (“Account”) via the Sites and provide us with certain information about yourself including some types of personally identifiable information, including your legal name, phone number, address, email address, gender, and age. 

It’s important that you provide us with accurate, complete and up-to-date information for your Account, and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. If you don’t, we may suspend or terminate your Account. You agree not to disclose your Account password to anyone and to notify us immediately of any unauthorized use of your Account. You are responsible for ensuring that your password and account login are kept secret, safe, and secure at all times. Droporcop will not be held responsible or liable for any misuse of your account in the event that a third party has access to and uses your password and account login in Subscription. You’ll be able to subscribe to our mailing list to receive emails and updates from the Services by providing us with your email address. You can unsubscribe at any time.

How the Services Work

We make available an online platform that allows you to purchase,sell products, mainly clothes,shoes and accessories (“Products”). Through the Services you will be able to browse our Products and place orders.After you place an order using our shopping cart, Droporcop will check the information you give us for validity, by verifying your method of payment or shipping address.Your receipt of an order confirmation merely confirms our receipt of your order and neither indicates our acceptance of your order nor confirms our offer to sell. We reserve the right to refuse or limit any order you place with us. We may also, in our sole discretion, limit or cancel quantities purchased per person, household or order. These restrictions may include orders placed by or under the same Account, Method of Payment (as defined below), email address, and/or using the same billing and/or shipping address. We also reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the email address provided at the time the order was made. If we cancel all or any part of your order after your Method of Payment has been charged, we will refund the billed amount.

Shipment Confirmation and Delivery

All orders are subject to acceptance by us, and we will confirm such acceptance by sending you an email confirming the Products have been shipped. You may choose the method of shipment and timing of delivery for Products you order if more than one method is available, and you will be charged shipping and handling charges accordingly based on your choice. We are not responsible for deliveries that are delayed due to events that are beyond our control. However, we will work with you to ensure a smooth delivery.Droporcop will provide customers with tracking information including expected shipping dates. Customers can pursue claims for lost and damaged packages through the shipping courier.

Prices

The prices displayed for Products available for purchase via the Services represent the applicable retail prices, and do not include taxes, shipping or handling charges (to the extent applicable). Any applicable taxes, shipping or handling charges will be communicated to you before you place an order. The prices displayed on the Services are quoted in Zar south african rands Products in your shopping cart reflect the current price displayed on the Product’s details page. Please note that this price may differ from the price displayed when the Product was first placed in your shopping cart.

Payment

By submitting an order through the Services, you agree to pay in advance the price of the Product(s) ordered, plus any applicable taxes, shipping and handling and/or other charges. Payment may be made by credit card or any other method of payment we may make available to you (each, a “Method of Payment”). In order to make a payment, you must provide us with valid credit card and/or other billing information and authorize us (or any third-party payment service provider engaged by us) to charge your Method of Payment for all orders placed and accepted via the Services.

Return and Refund Policy

Return and Exchange Policies. Cancellation, return and exchange policies are available to clients via the Services. If a Product is not what they expected it to be, they may review such policies to learn how and when you may return or exchange a Product purchased via the Services. They must agree that any applicable shipping and/or handling charges may be non-refundable. Customers will be given a period of 14 days to return the item before they are refunded. Read More……

Product Information 

Most Products displayed on the Services are available exclusively online through the Services. These Products may have limited quantities, because of their limited availability, stock will not and cannot be refreshed. When a Product featured on the Site is no longer in stock, we use our best efforts to remove such Product from the platform in a timely manner. Should you have any questions concerning the availability of a particular Product, please contact our Customer Service at  info@droporcop.com 

Errors, Inaccuracies and Omissions. 

We make every effort to present the most recent, accurate, and reliable information on the products at all times. However, occasionally there may be information on the products that contains typographical errors, inaccuracies, or omissions that may relate to Product descriptions, pricing, promotions, offers, and availability. We reserve the right to amend errors or to update Product information at any time without prior notice. In the event a Product is listed at an incorrect price due to photographical error, typographical error or any other error in pricing information, We reserve the right to refuse or cancel any such orders whether or not the order has been confirmed and your Method of Payment charged. If your Method of Payment has already been charged for the purchase and your order is cancelled, we will issue a credit to your Method of Payment in the amount of the incorrect price.Individual bank policies will dictate when this amount is credited to your account. If you are not fully satisfied with your purchase, you may return it in accordance with Droporcop’s Return Policy.

Colors & Style. 

We have made every effort to display as accurately as possible the attributes, including colors and styles, of Products that appear on the Services. 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.

Cancellation of Orders. 

We reserve the right to cancel, modify or suspend any order placed if we determine in our sole discretion that a user has violated these Terms, including by engaging in any fraudulent or misleading activity (for example, by using false names, multiple identities, multiple email accounts or email addresses, impersonating another person or otherwise providing false or misleading information), or if we believe, in our sole discretion, that a user’s conduct violates applicable law or is harmful to our interests.

Alerts and Notifications

As part of the Services, you may receive notifications, alerts, emails, or other types of messages regarding the Services (for example, order confirmations, shipment confirmations and/or delivery information). We may also periodically send you emails that directly promote the Services and Products (for example, new Product offerings or features we provide, recommendations, special discounts or promotions). When you receive such promotional emails from us you will have the opportunity to “opt-out” by following the unsubscribe instructions provided in the email you receive.

Intellectual Property Ownership

All right, title and interest in the Site, including technology and trade secrets embodied therein and any custom developments created or provided in connection with or related to this Agreement, including all copyrights, patents, trade secrets, trade dress and other proprietary rights, and any derivative works thereof, shall belong solely and exclusively to Droporcop or its licensors, and you shall have no rights whatsoever in any of the foregoing. You acknowledge that the Site constitutes a valuable trade secret and/or is the confidential information of Droporcop or its licensors.  Nothing in this Agreement or otherwise will be deemed to grant to you an ownership interest in the Site, in whole or in part.  All content and materials included as part of the Site, such as text, graphics, logos, button icons, images, audio clips, information, data, forms, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material, and software (the “Works”) are the property of Droporcop or its content suppliers and is protected by copyrights, trademarks, trade secrets, or other proprietary rights and these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed.  All Works are copyrighted as individual works and as a collective work under the South African copyright laws and international treaty provisions, and Droporcop owns a copyright in the selection, coordination, arrangement and enhancement thereof. You may not modify, remove, delete, augment, add to, publish, transmit, adapt, translate, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Works, in whole or in part.  Any use other than as contemplated herein, including the reproduction, modification, distribution, transmission, adaptations, translation, republication, display, or performance, of the Works, except as specifically permitted herein, is strictly prohibited. You understand and acknowledge that unauthorized disclosure, use or copying of the proprietary products and services provided pursuant to this Agreement may cause Droporcop and its licensors irreparable injury, which may not be remedied at law, and you agree that Droporcop and its licensors’ remedies for breach of this Agreement may be in equity by way of injunctive or other equitable relief.

Trademarks

The “Droporcop ” name, logo, other related names, design marks, product names, feature names and related logos are trademarks of Droporcop and may not be used, copied or imitated, in whole or in part, without the express prior written permission of Droporcop.  In addition, the look and feel of the Site (including all page headers, custom graphics, button icons, and scripts) constitutes the service mark, trademark and/or trade dress of Droporcop and may not be copied imitated or used, in whole or in part, without the express prior written permission of Droporcop.

Representations & Warranties

Each party represents and warrants that it has the legal power and authority to enter into this Agreement. You represent and warrant that you have not falsely identified yourself nor provided any false information to gain access to the Site.  If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such an entity to these terms and conditions, in which case the terms “you” or “your” shall refer to such entity.  If you do not have such authority, you must immediately stop using the Site.

Indemnification

You shall defend, indemnify and hold Droporcop harmless from and against any and all losses, damages, liabilities, costs, judgments, charges and expenses, including reasonable attorneys’ fees, arising out of or relating to any act or omission by you with respect to (i) your use of the Site or (ii) your breach or violations of this Agreement.

Privacy policy

Feedback

We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by email at  info@droporcop.com, You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.

Content Ownership, Responsibility and Removal

Droporcop does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Excluding User Content, droporcop and/or its licensors exclusively own all right, title and interest in and to the Services, products and Content, including all associated intellectual property rights. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services,product or Content.

Rights in User Content Granted by You. By making any User Content available through the Services or otherwise sharing such User Content with droporcop, you hereby grant to droporcop a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, transferable and sublicensable license to use, copy, edit, translate, distribute, modify, create derivative works based upon, publicly display, publicly perform and distribute you User Content, in any media or medium, or any form, format, or forum now known or hereafter developed. Droporcop may sublicense its rights through multiple tiers of sublicenses. You retain all other rights with respect to your User Content.

You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by us on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

By using the site and its services, you agree not to submit to or share any User Content that:

• is false, fraudulent, inaccurate, or misleading;
• violates any local, state, federal, or international laws or is otherwise tortious;
• is protected by or would infringe on the rights of others (including droporcop), 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 droporcop 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 droporcop;
• contains or relates to chain letters or pyramid schemes;
• impersonates another business, person, or entity, including droporcop, its related entities, employees, and agents;
• violates any policy posted on the Sites; or
• is intended to cause harm, damage, disable, or otherwise interfere with the Sites or our partners.

Any and all User Content that you make available through our site shall be deemed non-confidential and non-proprietary.

Although we cannot monitor all User Content shared or submitted through the Services, you understand that we shall have the right, but not the obligation, to monitor any User Content shared or submitted through the platform to determine compliance with these Terms and any other operating rules that may be established by droporcop from time to time. Droporcop shall have the right, in its sole discretion, to edit, move, delete, or refuse to post any User Content shared or submitted through the Services for any reason, including violation of these Terms, whether for legal or other reasons, or because the material is objectionable or stale. Notwithstanding this right of ours, users shall remain solely responsible for their User Content. You acknowledge and agree that neither droporcop nor any of its affiliates shall assume or have any liability for any action or inaction by droporcop with respect to any User Content shared or submitted through the Services.

Without limiting the foregoing, we have the right and obligation to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the platform. YOU WAIVE AND RELEASE DROPORCOP, ITS AFFILIATES, LICENSEES, SUCCESSORS AND ASSIGNS FROM ANY CLAIMS YOU MIGHT BRING RESULTING FROM ANY SUCH PARTY’S COOPERATION WITH SUCH AN INVESTIGATION AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF SUCH AN INVESTIGATION.

Rights in Content Granted by droporcop. Subject to your compliance with these Terms, droporcop permits you to view and print the Content solely in connection with your permitted use of the Services/Site and solely for your personal and non-commercial purposes. You may not otherwise reproduce any of the Content found on the Sites without the prior written consent of droporcop or other applicable owner. No license, right, title, or interest in the Sites or any Content is transferred to you as a result of your use of the Sites or Services or your accessing, viewing, downloading, or printing of the Content.

Notice and Takedown Procedures

If you believe any User Content accessible on or from the website/services infringes your copyright, you may request removal of those materials (or access thereto) from the Services,by contacting the Droporcop Designated Agent (address identified below) and providing the following information:

1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
2. Identification of the User Content that you believe to be infringing and its location. Please describe the User Content, and provide us with its URL or any other pertinent information that will allow us to locate the User Content.
3. Your name, address, telephone number, and email address.
4. A statement that you have a good faith belief that the complaint of use of the work is not authorized by the copyright owner, its agent, or the law.
5. A statement that the information you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or authorized representative.
6. A signature or the electronic equivalent from the copyright holder or authorized representative.

You must submit your written notice containing the above information to our Designated Agent who can be reached by email at info@Droporcop.com.

We may give notice to our users by means of a general notice on any of our Sites, electronic mail to a user’s email address in our records, or written communication sent by first class mail to a user’s physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the Designated Agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:

1. Your physical or electronic signature;
2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
3. A statement from you, under penalty of perjury, that you have a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
4. Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a federal district court for the judicial district in which your physical address is located, or if your physical address is outside of South africa, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

In an effort to protect the rights of copyright owners, Droporcop maintains a policy for the termination, in appropriate circumstances, of users of the Services who are repeat infringers.

General Prohibitions

Our products and services may be used only for lawful purposes and in accordance with these Terms. You agree you will not use Our services to engage in or encourage conduct that, in our sole discretion and judgment, would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from South Africa or other countries); communicate, transmit, redistribute or upload content or material (including User Content) that infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; is incomplete, false, inaccurate or not your own; contains any unsolicited advertising, promotional materials, or other forms of solicitation to other users, individuals or entities; includes any addresses, email addresses, phone numbers or any contact information; contains corrupted files, viruses, malware or any harmful software; is libelous, defamatory or otherwise unlawful, threatening, harassing, abusive, vulgar, obscene, offensive, sexually explicit, hateful, profane, indecent, racially or ethnically derogatory, or otherwise objectionable; promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; or is violent or promotes violence or actions that are threatening to any person or entity; impersonate any person, business or entity, including us (our brands, lines of business, subsidiaries, and affiliated companies) and our employees and agents; or engage in or encourage any conduct that restricts, impairs or inhibits any other user from using or enjoying the platfrom.

System Security

Violations of system or network security may result in civil or criminal liability. Droporcop may investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting any user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Services and you agree not to do any of the following: use, display, mirror or frame the products/services or any individual element within the platform, Droporcop name, any Droporcop trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Droporcop express written consent; access, tamper with, or use non-public areas of the services, Droporcop computer systems, or the technical delivery systems of Droporcop providers; avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Droporcop or any of Droporcop providers or any other third party (including another user) to protect the Services or Content; attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools and the like) other than the software and/or search agents provided by Droporcop or other generally available third-party web browsers; access data not intended for you or log on to a Droporcop server or account you are not authorized to access; attempt (or succeed in an attempt) to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; attempt (or succeed in an attempt) to interfere in any way with, gain unauthorized access to, damage or disrupt any part of the Services, or any Site’s or Droporcop networks or network security, or use any Site’s service to gain unauthorized access to any other computer system; use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms; forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive or false source-identifying information; or attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content.

Links to Third-Party Websites or Resources

The site may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. If you use the links, you will leave the Services and your activities may be governed by other terms and conditions and privacy practices. You acknowledge sole responsibility for, and assume all risk arising from, your use of any third-party websites or resources.

Promotions

Any sweepstakes, contests, raffles, surveys, games, or similar promotions (collectively, “Promotions”) made available through the Sites may be governed by rules that are separate from these Terms. 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, the Promotion rules will govern.

Accessing the Services and Account Security

We reserve the right, at any time in our sole discretion and without notice to you, to modify, suspend or discontinue the Services and Content. We may also impose rules for and limits on use of the site or restrict your access to part or all of the Services without notice or penalty. You agree that, to the fullest extent allowed by applicable law, we will not be liable to you or to any third party for any modification, suspension or discontinuance of any Services or Content.

Termination

We may terminate your access to and use of the site , in our sole discretion, at any time and without notice to you. You may cancel your Account at any time by sending an email to us at Info@Droporcop.com .Upon any termination, discontinuation or cancellation of Services or your Account, the following provisions will survive: “Prices”, “Payment”, “Cancellation, Return and Exchange Policies”, “Errors, Inaccuracies and Omissions”, “Cancellation of Orders”, “Privacy Policy”, “Feedback”, “Content and Content Rights”, “Content Ownership, Responsibility and Removal”, “General Prohibitions”, “System Security”, “Links to Third-Party Websites or Resources”, “Warranty Disclaimers”, “Indemnification”, “Limitation of Liability”, “Governing Law”, “Dispute Resolution and Arbitration” and “General Information”.

Warranty Disclaimers

YOUR USE OF THE SERVICES AND CONTENT AND YOUR PURCHASE OF PRODUCTS ARE AT YOUR SOLE RISK. THE SERVICES, CONTENT AND PRODUCTS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, DROPORCOP EXPLICITLY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH REGARD TO THE SERVICES, CONTENT AND PRODUCTS, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE SERVICES OR PRODUCTS WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICES WILL BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. DROPORCOP MAKES NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY AND/OR PRICING OF PRODUCTS SOLD VIA THE SERVICES. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SERVICES, YOUR SOLE REMEDY IS TO DISCONTINUE USING SUCH SERVICES.

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, DROPORCOP , ITS PARENT, AFFILIATES, LICENSEES, SUCCESSORS AND ASSIGNS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT (“THE RELEASED PARTIES”) SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, LOSS OF REVENUE OR ANTICIPATED PROFITS, LOST BUSINESS, DATA OR SALES OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, OR SERVICE INTERRUPTION OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, PRODUCTS OR THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT OR TORT OR ANY OTHER LEGAL THEORY, WHETHER OR NOT DROPORCOP OR SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, DROPORCOP TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SERVICES OR SITE CONTENT SHALL NOT EXCEED THE AMOUNTS YOU HAVE PAID TO DROPORCOP IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, IF ANY, OR ONE HUNDRED DOLLARS (R100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO DROPORCOP , AS APPLICABLE.

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, THE RELEASED PARTIES WILL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD-PARTY USER OF THE SITES OR SERVICES.

THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN BONOBOS AND YOU.

International Use

We control and operate the Services from South Africa, and all information is processed within South Africa. We do not represent that Content on the site is appropriate or available for use in other locations. You agree to comply with all applicable laws, rules and regulations in connection with your use of the Services.

Software, if any, that may be downloaded from the platform is subject to export controls under the laws and regulations of South Africa. By visiting and using any of the Services, you acknowledge that you are not a national of, or resident within any of the countries that are subject to trade embargo under these laws and regulations or listed on any of the South African government’s lists of prohibited and restricted parties.

Governing Law

These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Website 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 and Conditions.

In the event of any dispute arising between you and Droporcop, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Johannesburg Gauteng ) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.

Nothing in this clause 18 or the Terms and Conditions limit your right to approach any court, tribunal or forum of competent jurisdiction in terms of the AFSA

.

Dispute Resolution and Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Informal Dispute Resolution. We want to address your concerns without the need to initiate a formal legal case. In the event of a dispute, claim or controversy arising out of or relating to these Terms or any aspect of the relationship between you and Droporcop, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory (collectively, a “Dispute”), you and Droporcop agree to try to resolve such Dispute informally by first sending a notice to the other clearly marked “Notice of Dispute” and containing a brief written statement setting forth the name, address, and contact information of the party giving it, the facts giving rise to the Dispute and the relief requested. You must send any such notice to Droporcop at info@Droporcop.com. We will contact you via email at the address specified in any such notice or the address we have on file for your Account. You and Droporcop agree to use reasonable, good faith efforts to settle any Dispute through consultation and good faith negotiations within thirty (30) days of submission of such notice. If a Dispute is not resolved within thirty (30) days of such submission, you or Bonobos may resort to the other alternatives described in this section.

ARBITRATION. IN THE EVENT THAT ANY DISPUTE IS UNRESOLVED THROUGH INFORMAL DISCUSSIONS WITHIN THIRTY (30) DAYS AS DESCRIBED IN THE “INFORMAL DISPUTE RESOLUTION” SECTION ABOVE, AND EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, YOU AND DROPORCOP AGREE TO RESOLVE SUCH DISPUTE THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND YOU AGREE THAT DROPORCOP AND YOU ARE EACH WAIVING THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BY JURY. YOU AGREE THAT ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT WILL NOT BE AVAILABLE OR WILL BE MORE LIMITED IN ARBITRATION, INCLUDING DISCOVERY AND APPEAL RIGHTS. The arbitration will be administered by The Arbitration Foundation of Southern Africa AFSA

,pursuant to the AFSA Streamlined Arbitration Rules & Procedures effective and as modified by this agreement to arbitrate. 

The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AFSA or by the arbitrator. The arbitrator’s decision will follow the terms of these Terms of Service and will be final and binding. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of these Terms of Service, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in these Terms of Service will preclude you from bringing issues to the attention of federal, state, or local agencies and, if the law allows, they can seek relief against us for you.

Exceptions to Agreement to Arbitrate – Injunctive Relief. Notwithstanding the foregoing, either you or Droporcop may assert claims, if they qualify, in small claims court in South Africa .Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services or Content or actual or threatened intellectual property infringement (for example, trademark, trade secret, copyright or patent rights) without first engaging in arbitration or the informal dispute resolution process described above.

Judicial Forum for Disputes If Class Waiver Invalidated. If any court or arbitrator determines that the class action waiver set forth in this section is void or unenforceable for any reason, then the Dispute will not be subject to arbitration and, other than small claims actions, must be brought in the appropriate federal or state court in South Africa. Claims brought in state court may be removed to federal court if removal jurisdiction exists. Both you and Droporcop consent to venue and personal jurisdiction in New York, New York. We both agree to waive our right to a jury trial.

Any claim or cause of action you may have with respect to Droporcop, these Terms, the Content, the Services or any Products must be commenced within one (1) year after the claim or cause of action arose.

General Information

These Terms constitute the entire agreement between you and Droporcop , govern your use of the Services, and supersede any prior agreements between you and Droporcop . You may also be subject to additional terms and conditions that are applicable to certain parts of our Product/Services. You may not assign or transfer these Terms, by operation of law or otherwise, without Droporcop prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Droporcop may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and insure to the benefit of the parties, their successors and permitted assigns. The section titles in these Terms are for convenience only and have no legal or contractual effect.

You agree that no joint venture, partnership, employment, or agency relationship exists between Droporcop and you as a result of these Terms or your use of the Services.

The failure of Droporcop to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. The invalidity of any term, condition or provision in these Terms shall not affect the enforceability of those portions of these Terms deemed enforceable by applicable courts of law.

If you have any questions about these Terms or the Services, please contact us at Info@Droporcop.com