Terms of service

OVERVIEW

Welcome to Rescue Roast® Coffee! The terms “we”, “us” and “our” refer to Rescue Roast® Coffee. Rescue Roast® Coffee operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the “Services”). Rescue Roast® Coffee is powered by Shopify, which enables us to provide the Services to you.

The below terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”), describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you have the legal capacity to enter into a binding agreement under applicable South African law, or that you have obtained the necessary consent from a parent or legal guardian where required.

To use the Services, including accessing or browsing our online store or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment and shipping information.

You represent and warrant that all information you provide is correct, current and complete and that you have all rights necessary to provide such information.

You are solely responsible for maintaining the security of your account credentials and for all activity conducted through your account. You may not transfer, sell, assign or license your account to another person.

SECTION 2 - OUR PRODUCTS

We make reasonable efforts to provide accurate representations of our products and services in our online store. However, colours, packaging or product appearance may differ slightly from how they appear on your screen due to device settings, screen configuration, printing processes, packaging updates or other reasonable manufacturing variations.

Product images may include digital mockups or illustrative representations. Minor differences between product images and the final product supplied do not necessarily constitute a defect.

We do not warrant that the appearance of any product purchased will be identical to how it appears online.

All descriptions of products are subject to change at any time without notice at our discretion. We reserve the right to discontinue any product at any time and may limit the quantities of products offered to any person, geographic region or jurisdiction, where reasonably necessary.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase products from Rescue Roast® Coffee.

Rescue Roast® Coffee reserves the right to accept or decline an order for legitimate business, legal, security, stock or payment-related reasons.

Your order is not considered accepted until Rescue Roast® Coffee confirms acceptance or begins processing or fulfilling the order, as applicable.

We must receive and successfully process your payment before an order is fulfilled, unless an alternative payment arrangement has been expressly agreed.

Please review your order carefully before submitting it, as Rescue Roast® Coffee may be unable to accommodate cancellation requests once processing or preparation has commenced.

If we decline, amend or cancel an order, we will make reasonable efforts to notify you using the contact information supplied at the time of purchase.

Returns, refunds and exchanges are governed by our Refund Policy and applicable South African consumer protection legislation.

You represent and warrant that your purchases are for lawful purposes.

SECTION 4 - PRICES AND BILLING

Prices, discounts and promotions are subject to change without notice, subject to applicable law.

The price charged for a product or service will be the price displayed at the time the order is placed, subject to correction of obvious pricing or typographical errors where permitted by law.

Unless otherwise expressly stated, delivery charges and any other applicable costs will be shown during checkout.

We may offer promotions from time to time that are governed by separate terms and conditions. Where promotional terms conflict with these Terms, the specific promotional terms will apply to that promotion.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made through our store.

You agree to promptly update your account information where necessary so that we can complete transactions and contact you regarding your order.

You represent and warrant that any payment information supplied by you is accurate and that you are authorised to use the relevant payment method.

SECTION 5 - SHIPPING AND DELIVERY

Delivery times provided by Rescue Roast® are estimates only unless expressly stated otherwise.

We are not responsible for delays caused by courier companies, transport disruptions, weather, public holidays, incorrect customer information or other circumstances reasonably outside our control.

Once an order has been handed to the courier, delivery is subject to the courier service provider's operational processes and delivery network.

Nothing in this section is intended to exclude or limit any rights that a consumer may have under applicable South African law.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to trademarks, trade names, brands, logos, text, displays, photographs, images, graphics, product descriptions, reviews, video, audio, layouts and designs, are owned by Rescue Roast® Coffee, its affiliates or licensors and are protected by applicable South African intellectual property laws and, where applicable, international intellectual property protections.

These Terms permit you to use the Services for your personal, lawful and non-commercial use only.

You may not reproduce, distribute, modify, create derivative works from, publicly display, republish, download, store, transmit or commercially exploit any material contained in the Services without our prior written consent, except where otherwise permitted by law.

Except as expressly provided, nothing in these Terms grants or shall be construed as granting any licence or other rights under any trademark, copyright or other intellectual property belonging to Rescue Roast® Coffee, Shopify or any third party.

Unauthorised use of the Services or Rescue Roast® intellectual property may constitute infringement under applicable South African law.

All rights not expressly granted are reserved.

Rescue Roast® names, logos, product names, designs and slogans may constitute registered or unregistered trademarks and may not be used without prior written permission.

Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify or its licensors. All other names, logos, product names and trademarks belong to their respective owners.

RESCUE ROAST® IS A REGISTERED TRADEMARK.

SECTION 7 - OPTIONAL TOOLS

You may be provided with access to customer tools offered by third parties as part of the Services, which we may neither monitor nor control.

You acknowledge and agree that we may provide access to such tools “as is” and “as available” without warranties, representations or conditions of any kind, subject to applicable law.

We shall not be responsible for the operation of independent third-party tools beyond what is required by applicable law.

Any use by you of optional third-party tools is subject to the relevant third-party terms and conditions.

We may also introduce new features, tools and resources in the future. Such features will form part of the Services and will be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain links to websites, platforms or services operated by third parties.

We are not responsible for examining or evaluating the accuracy, content, security or practices of third-party websites.

If you choose to leave our website to access a third-party website or service, you do so subject to the terms and privacy practices of that third party.

We are not responsible for loss or damage resulting from transactions entered into directly with independent third parties, except where liability cannot lawfully be excluded.

Questions, complaints or claims relating to third-party products or services should generally be directed to the relevant third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

Rescue Roast® Coffee is powered by Shopify, which provides technology enabling us to operate our online store.

However, sales and purchases made through our store are transactions directly between you and Rescue Roast® Coffee.

Shopify is not the seller of Rescue Roast® products and is not responsible for the fulfilment of Rescue Roast® orders.

SECTION 10 - PRIVACY POLICY

Personal information collected through the Services is processed in accordance with our Privacy Policy and applicable South African data-protection legislation, including the Protection of Personal Information Act, 2013 (“POPIA”).

Certain personal information may also be processed by Shopify and other service providers required to operate our website, payments, fulfilment, communications and related services.

Information submitted through the Services may be transmitted to service providers located outside South Africa where necessary for the provision of those services, subject to applicable legal requirements and safeguards.

Please review our Privacy Policy for further information regarding the collection, processing, storage and protection of personal information.

SECTION 11 - FEEDBACK

If you submit, upload, post, email or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans or other content (“Feedback”), you grant Rescue Roast® a non-exclusive, worldwide, royalty-free licence to use, reproduce, publish, adapt and display that Feedback for legitimate business and promotional purposes, subject to applicable law.

You represent and warrant that:

(i) you own or have the necessary rights to the Feedback;
(ii) you have disclosed any compensation or incentives received in connection with the Feedback where required; and
(iii) your Feedback does not unlawfully infringe the rights of another person.

We may moderate, edit or remove Feedback that we reasonably determine to be unlawful, defamatory, abusive, obscene, misleading or otherwise inappropriate.

You are responsible for the accuracy and lawfulness of Feedback submitted by you.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information displayed through the Services may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, delivery charges, transit times, availability or other information.

We reserve the right to correct errors, inaccuracies or omissions and to update information where reasonably necessary, subject to applicable consumer protection legislation.

SECTION 13 - PROHIBITED USES

You may access and use the Services only for lawful purposes.

You may not use the Services, directly or indirectly:

(a) for any unlawful, fraudulent or malicious purpose;
(b) to violate any applicable South African or international law or regulation;
(c) to infringe upon our intellectual property rights or those of another person;
(d) to harass, threaten, abuse, defame, intimidate or unlawfully harm another person;
(e) to knowingly transmit false, deceptive or misleading information;
(f) to upload or distribute unlawful or harmful material;
(g) to transmit spam, phishing communications or unauthorised commercial solicitations;
(h) to impersonate another person or entity; or
(i) to engage in conduct that interferes with the proper operation or security of the Services.

You may also not:

(a) introduce viruses, malware or malicious code;
(b) unlawfully reproduce or exploit any portion of the Services;
(c) unlawfully collect or track personal information;
(d) use automated scraping or data-extraction techniques in violation of applicable law or our rights; or
(e) interfere with or circumvent security features.

We reserve the right to suspend or terminate access to the Services where we reasonably determine that these Terms have been materially breached.

SECTION 14 - TERMINATION

We may terminate or suspend access to the Services where reasonably necessary, including where these Terms have been materially breached, unlawful activity is suspected or security risks exist.

You remain responsible for amounts lawfully due up to the date of termination.

Sections that by their nature should survive termination, including Intellectual Property, Limitation of Liability, Indemnification, Governing Law and related provisions, will continue to apply.

SECTION 15 - DISCLAIMER OF WARRANTIES

Information presented through the Services is provided for general information purposes.

While Rescue Roast® makes reasonable efforts to ensure information is accurate and current, we do not warrant that all content will at all times be complete, error-free or suitable for every purpose.

To the fullest extent permitted by South African law, the Services are provided on an “as is” and “as available” basis.

Nothing in these Terms is intended to exclude, restrict or waive any statutory warranty, right or remedy that cannot lawfully be excluded under South African consumer protection legislation.

SECTION 16 - LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, Rescue Roast® Coffee, its directors, employees, affiliates, contractors, agents, service providers and licensors will not be liable for indirect, incidental, special or consequential loss arising from use of the Services or products supplied through the Services, except where such liability cannot lawfully be excluded.

Nothing in these Terms limits or excludes liability where doing so would be prohibited by applicable South African law, including rights available to consumers under the Consumer Protection Act, 2008.

SECTION 17 - INDEMNIFICATION

To the extent permitted by law, you agree to indemnify and hold harmless Rescue Roast® Coffee, Shopify, and their respective affiliates, officers, directors, employees, agents, contractors, licensors and service providers against losses, damages or claims arising from:

(1) your material breach of these Terms;
(2) your unlawful use of the Services; or
(3) your infringement of the lawful rights of a third party.

This indemnity does not apply to the extent that any loss arises from the negligence, unlawful conduct or breach of statutory duty of Rescue Roast® or where liability cannot lawfully be excluded.

SECTION 18 - SEVERABILITY

If any provision of these Terms is determined to be unlawful, invalid or unenforceable, that provision will be interpreted or severed to the minimum extent necessary, and the remaining provisions will continue in full force and effect.

SECTION 19 - WAIVER; ENTIRE AGREEMENT

Failure by Rescue Roast® to exercise or enforce any right under these Terms does not constitute a waiver of that right.

These Terms, together with policies and terms incorporated by reference, constitute the agreement governing your use of the Services, subject to applicable South African law.

SECTION 20 - ASSIGNMENT

You may not transfer or assign your rights or obligations under these Terms without our prior written consent where such consent is legally required.

Rescue Roast® may transfer or assign its rights or obligations as part of a lawful business restructuring, sale, transfer or similar transaction, subject to applicable law.

SECTION 21 - GOVERNING LAW

These Terms of Service and any separate agreements through which Rescue Roast® provides products or services are governed by and interpreted in accordance with the laws of the Republic of South Africa.

Subject to any rights a consumer may have to approach the National Consumer Commission, Consumer Goods and Services Ombud, a competent tribunal or another statutory body, disputes arising from these Terms will be subject to the jurisdiction of the competent courts of the Republic of South Africa.

SECTION 22 - HEADINGS

The headings used in these Terms are included for convenience only and do not limit or otherwise affect the interpretation of these Terms.

SECTION 23 - CHANGES TO TERMS OF SERVICE

You may review the most current version of these Terms of Service on our website.

We reserve the right to update, change or replace provisions of these Terms where reasonably necessary.

Material changes will take effect from the date on which the updated Terms are published or from another date specifically stated, subject to applicable law.

Your continued use of the Services after changes take effect constitutes acceptance of the updated Terms to the extent permitted by law.

SECTION 24 - RESCUE PARTNER PROGRAMME

Rescue Roast® is a privately owned commercial business and is not a charity, non-profit organisation, public benefit organisation or donation platform.

Rescue Roast® works with participating animal welfare and rescue organisations through commercial partnership arrangements.

Depending on the applicable arrangement, participating organisations may earn commission from qualifying Rescue Roast® sales associated with their organisation, products, collections or referral links.

Purchases made through Rescue Roast® are commercial transactions between the customer and Rescue Roast®. Amounts paid by customers are not charitable donations, and Rescue Roast® does not collect charitable donations from customers on behalf of participating organisations.

Participation in the Rescue Roast® partner programme does not create an agency, joint venture, charitable trust or fiduciary relationship between Rescue Roast® and a participating organisation unless expressly agreed otherwise in writing.

Participating organisations remain independent entities responsible for their own management, governance, operations, financial affairs and activities.

The terms, commission structures and other commercial arrangements between Rescue Roast® and participating organisations are governed by individual agreements and may remain confidential between Rescue Roast® and the authorised representatives of the relevant organisation.

Rescue Roast® is under no obligation to disclose confidential commission structures, commercial terms or individual partnership arrangements to customers, members of the public, volunteers or persons who are not authorised representatives of the relevant organisation, except where disclosure is required by law.

SECTION 25 - CONTACT INFORMATION

Questions regarding these Terms of Service may be sent to:

Rescue Roast® Coffee
Email: info@rescueroast.co.za

Additional business contact and registration information may be published on our website where applicable.