Terms & Conditions
By accessing, using, or viewing the Friends2Brothers/DTRT Website (the “Site”) or any of its services or contents, You agree to each of the following terms, conditions and notices which govern Your of use of the Site and Your purchase of products and services on the Site (the “Terms of Use”).
1. Use of this site
The Site is to be used by You for Your personal use only. Commercial uses of this Site are strictly prohibited unless prior written consent from Friends2Brothers (PTY) Ltd. (“DTRT” or the “Company”) has been granted. You agree that You will not use any robot, spider, other automatic device or manual process to monitor or copy the Site or any contents or information contained therein, unless You obtain prior express written consent from Griends2Brothers (DTRT). You agree that You will not through any means interfere or attempt to interfere with the proper functioning of the Site. You agree that You will not provide to DTRT or to this Site: (i) any viruses, worms, time bombs, and/or other computer programming routines that are intended to damage, detrimentally interfere with, intercept or expropriate any system, data or information; and (ii) any content that may create liability for DTRT or cause DTRT to lose the services of our customers and suppliers.
2. Products and services
These products and services made available by DTRT on this Site are intended for personal use only. You may not assign, transfer, re-market, resell, such products and services without obtaining DTRT’s prior written consent. DTRT and its suppliers may cancel or modify purchases on the Site if it appears that they are the result of fraudulent or inappropriate activity or under other circumstances where it appears that the purchase contains or has resulted from a mistake or error. Other terms and conditions included on the Site, including return and shipping policies, may apply to Your purchase and are incorporated by reference herein.
3. Privacy policy
You acknowledge and agree that You have read and consent to the terms of the Friends2Brothers or DTRT Privacy Policy, which is incorporated by reference herein.
4. Proprietary rights
This Site contains and references trademarks, patents, trade secrets, technologies, products, processes or other proprietary rights of DTRT and other parties. No license or right to or in any such trademarks, patents, trade secrets, technologies, products, processes and other proprietary rights of DTRT and other parties is granted to or conferred upon You. Reproduction or storage of materials obtained from this Site is subject to the copyright law of South Africa, the right to control the use and distribution of artistic and creative works, in the Republic of South Africa. No material from the Site may be reproduced, distributed, uploaded or transmitted. The use of any material from the Site on any other internet, or other site or computer environment is prohibited. You may not utilize techniques to frame any DTRT trademarks, logos, or other proprietary information (including images and text). You may not use any meta tags or any other “hidden text” utilizing our name, trademarks or other proprietary information.
5.User feedback
You agree that all ideas, comments, suggestions or any other information that You provide to DTRT regarding the Site or products and services provided on the Site (the “Feedback”) shall be DTRT’s property, and may be used by DTRT on a non-confidential and unrestricted basis, without compensation to You.
6. Monitoring
You agree that DTRT has no obligation to, but may monitor and review information You transmit over the Site. You agree that DTRT may censor, edit, remove or prohibit the transmission or receipt of any information that DTRT deems inappropriate or in violation of these terms and conditions, and use any such information as necessary to provide the Site and to protect the rights of DTRT. You agree that DTRT may also monitor and review stored information without restriction. You hereby acknowledge and consent to such monitoring and reviewing.
7. Linked web sites
This Site includes links to other web sites. DTRT provides such links as a convenience to You and for informational purposes only.
8. Advertising disclosure, accuracy
Product descriptions posted on our product pages are the representations of our suppliers. The Site may contain technical inaccuracies or typographical errors or omissions. DTRT is not responsible for typographical, pricing, product information, advertising or shipping errors. Advertised prices and available quantities are subject to change without notice. DTRT reserves the right to make changes, corrections and/or improvements to the Site, and to the products and programs described in such information, at any time without notice.
9. Miscommunications
DTRT and any other providers of products or services on the Site are not responsible for communication malfunctions, failures, or difficulties, or lost, stolen, or misdirected, transmissions, messages or entries, or the security of any such communications. Further, DTRT and any other providers of products or services related to this Site are not responsible for incorrect or inaccurate entry information, whether caused by You or by any of the equipment or programming associated with the Site, or by any technical or human error that may occur in the processing of any information related to the Site.
10.Warranties
YOU AGREE THAT YOU USE THE SITE AT YOUR OWN RISK. THE SITE, AND ANY RELATED INFORMATION, CONTENTS AND/OR MATERIALS ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND. DTRT HEREBY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY; FITNESS FOR A PARTICULAR PURPOSE; NON-INFRINGEMENT; AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE; OTHER THAN THOSE WARRANTIES WHICH ARE IMPOSED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
11. Limitation of liability
YOU AGREE THAT IN NO EVENT SHALL DTRT, ITS AGENTS, REPRESENTATIVES OR LICENSORS BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY USE OF THIS SITE OR THE PERFORMANCE OR NON-PERFORMANCE BY DTRT OR ANY THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES RELATED TO THIS SITE.
12. Indemnification
You agree to indemnify and hold DTRT and its subsidiaries, affiliates, officers, directors, agents and employees harmless from any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of Your breach of these terms and conditions or Your violation of any law or the rights of a third party. DTRT’s failure to act with respect to a breach by You or others does not waive its right to act with respect to subsequent or similar breaches.
13. Formal dispute resolution by binding arbitration
READ THE FOLLOWING ARBITRATION PROVISION CAREFULLY, IT LIMITS YOUR RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION. You agree that any dispute, controversy or claim arising out of or relating to these Terms of Use, the applicability of these Terms of Use to the use of this Site, or purchase of any DTRT or other products on this Site, or to breach or enforcement, interpretation or validity of these Terms of Use, or the determination of the scope or applicability of Arbitration shall be governed solely by the South African Arbitration Act.
If you and DTRT cannot resolve a dispute informally, any dispute asserted by either party will be resolved only by binding Arbitration. By agreeing to Arbitration, both you and DTRT understand and agree that all disputes shall be decided by an Arbitrator and that you are waiving your rights to maintain other available resolution processes, such as a court action or administrative proceeding, to settle disputes. Instead of suing in court, both you and DTRT each agree to resolve disputes (except certain small claims) only by Arbitration. ARBITRATION IS FORM OF ALTERNATE DISPUTE RESOLUTION, A TECHNIQUE FOR THE RESOLUTION OF DISPUTES OUTSIDE COURTS. The rules in Arbitration are different. There is no judge or jury, and review is limited, but an arbitrator can award the same damages and relief, and must honour the same limitations stated in these Terms of Use as a court would.
14. Choice of law and time to bring your claim
You agree that any dispute will be governed by the law of South Africa and that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to, or connected with your use of the Company’s website, its products, or these Terms of Use, must be filed within one (1) year after such claim or cause of action arose or be forever banned.
IF YOU ARE A CONSUMER, HOWEVER, THIS PROVISION SHALL NOT BE CONSTRUED TO LIMIT YOUR RIGHTS UNDER CONSUMER PROTECTION LAWS OF YOUR STATE OF RESIDENCE.
15.Ammendment of terms
DTRT may at any time amend, modify or supplement any terms and conditions applicable to the Site, and Your continued use of the Site will constitute Your acceptance of any such amendment, modification, or supplementation.
If you have any questions about these Terms and Conditions or if you wish to provide any feedback with respect to the Program, please contact us at: customercare@friends2brothers.co.za
Revised: December 2020