Telephone: +27 11 465 4819

Token Cycling Terms & Conditions

  1. Introduction
    1. 1.1This website can be accessed at www.Tokencycling.co.za, related mobi-sites and software applications (the “Website”) and is owned and operated by Token Cycling (PTY) LTD Trading as Token Cycling (“Token Cycling (PTY) LTD Trading as Token Cycling”, “we”, “us” and “our”).
    2. 1.2These Website Terms and Conditions (“Terms and Conditions”) govern the ordering, sale and delivery of Goods, and the use of the Website.
    3. 1.3These Terms and Conditions are binding and enforceable against every person that accesses or uses this Website (“you”, “your” or “user”), including without limitation each user who registers as contemplated below (“registered user”). By using the Website and by clicking on the “Register Now” button on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.
    4. 1.4The Website enables you to shop online for an extensive range of goods including pre-packed foods for emergency preparedness, survival, outdoor leisure, camping gear, solar energy and water purification goods (“Goods”). But not limited to the products and sku’s found on the price guide.
    5. 1.5Token Cycling (PTY) LTD Trading as Token Cycling allows third party sellers to list and sell their Goods on the Website (each a “Third Party Seller”). Token Cycling (PTY) LTD Trading as Token Cycling will indicate on relevant product pages and checkout pages when Goods are for sale by a Third Party Seller. Certain terms in these Terms and Conditions only apply to purchases from Third Party Sellers, and others only apply to purchases from Token Cycling (PTY) LTD Trading as Token Cycling. This will be made clear in the relevant clause.
  2. Important Notice
    1. 2.1These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).
    2. 2.2These Terms and Conditions contain provisions that appear in similar text and style to this clause and which -
      1. 2.2.1may limit the risk or liability of Token Cycling (PTY) LTD Trading as Token Cycling or a third party; and/or
      2. 2.2.2may create risk or liability for the user; and/or
      3. 2.2.3may compel the user to indemnify Token Cycling (PTY) LTD Trading as Token Cycling or a third party; and/or
      4. 2.2.4Serves as an acknowledgement, by the user, of a fact..
    3. 2.3Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.
    4. 2.4If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask Token Cycling (PTY) LTD Trading as Token Cycling to explain it to you before you accept the Terms and Conditions or continue using the Website. Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or Token Cycling (PTY) LTD Trading as Token Cycling in terms of the CPA.
    5. 2.5Token Cycling (PTY) LTD Trading as Token Cycling permits the use of this Website subject to the Terms and Conditions. By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to the Terms and Conditions.
    6. 2.6These Terms and Conditions are divided into three sections, as follows:
      1. 2.6.1Part A – Orders and Sales;
      2. 2.6.2Part B – Privacy Policy; and
      3. 2.6.3Part C – General Legal Terms.
  3. Returns
    1. 3.1Please refer to our Returns Policy for more information about cancelling orders after delivery, and about. The Returns Policy is incorporated by reference (which means that it forms part of these Terms and Conditions).
  4. Registration and use of the website
    1. 4.1Only registered users may order Goods on the Website.
    2. 4.2To register as a user, you must provide a unique username and password and provide certain information and personal details to Token Cycling (PTY) LTD Trading as Token Cycling. You will need to use your unique username and password to access the Website in order to purchase Goods.
    3. 4.3You agree and warrant that your username and password shall:
      1. 4.3.1be used for personal use only; and
      2. 4.3.2not be disclosed by you to any third party.
    4. 4.4For security purposes you agree to enter the correct username and password whenever ordering Goods, failing which you will be denied access.
    5. 4.5You agree that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, you will be liable for payment of such order, save where the order is cancelled by you in accordance with these Terms and Conditions.
    6. 4.6You agree to notify Token Cycling (PTY) LTD Trading as Token Cycling immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm.
    7. 4.7By using the Website you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.
    8. 4.8You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Website. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorised Company representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).
    9. 4.9You may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.
    10. 4.10You may not in any way display, publish, copy, print, post or otherwise use the Website and/or the information contained therein without the express prior written consent of an authorised Company representative.
    11. 4.11Use of our website is entirely at your own risk. We accept no liability, to the extent permitted by law, for any direct, indirect, incidental, special or consequential loss or damage of any kind whatsoever or howsoever caused arising from the access or use of our website or the purchase of any of our products or services.
  5. Conclusion of sales and availability of stock
    1. 5.1Registered users may place orders for Goods, which Token Cycling (PTY) LTD Trading as Token Cycling or the Third Party Seller may accept or reject. Whether or not Token Cycling (PTY) LTD Trading as Token Cycling or the Third Party Seller accepts an order depends on the availability of Goods, correctness of the information relating to the Goods (including without limitation the price) and receipt of payment or payment authorisation by Token Cycling (PTY) LTD Trading as Token Cycling for the Goods.
    2. 5.2NOTE: Token Cycling (PTY)) LTD Trading as Token Cycling or the Third Party Seller will indicate the acceptance of your order by delivering the Goods to you and only at that point will an agreement of sale between you and Token Cycling (PTY)) LTD Trading as Token Cycling or the Third Party Seller come into effect (the “Sale”). This is regardless of any communication from Token Cycling (PTY)) LTD Trading as Token Cycling stating that your order or payment has been confirmed. Token Cycling (PTY)) LTD Trading as Token Cycling will indicate the rejection of your order (by Token Cycling (PTY)) LTD Trading as Token Cycling itself or the Third Party Seller) by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.
    3. 5.3Prior to delivery or your collection of the Goods, you may cancel an order at any time provided you do so before receiving a dispatch or delivery notice. After delivery or your collection of the Goods, you may cancel the Sale only in accordance with the Returns Policy.
    4. 5.4Placing Goods in a shopping basket without completing the purchase cycle does not constitute an order for such Goods, and as such, Goods may be removed from the shopping basket if stock is no longer available. You cannot hold Token Cycling (PTY) LTD Trading as Token Cycling or the Third Party Seller liable if such Goods are not available when you complete or attempt to complete the purchase cycle at a later stage.
    5. 5.5You acknowledge that stock of all Goods on offer is limited. In the case of Goods for sale by Token Cycling (PTY) LTD Trading as Token Cycling, Token Cycling (PTY) LTD Trading as Token Cycling will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are discontinued on the Website. However, we cannot guarantee the availability of stock. When Goods are no longer available after placing an order, Token Cycling (PTY) LTD Trading as Token Cycling will notify you and you will be entitled to a refund of the amount paid by you for such Goods.
    6. 5.6In the case of Goods for sale by a Third Party Seller, Token Cycling (PTY) LTD Trading as Token Cycling relies on inventory information supplied by the relevant Third Party Seller and Token Cycling (PTY) LTD Trading as Token Cycling accordingly bears no liability for any inaccuracies in the information supplied to it. Consequently, should you order any Goods from a Third Party Seller which are in fact sold-out, any resulting dispute should be resolved between you and the relevant Third Party Seller, your respective rights and obligations being as set out in these Terms and Conditions.
  6. Payment
    1. 6.1We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
    2. 6.2Whether the Goods are for sale by Token Cycling (PTY) LTD Trading as Token Cycling or a Third Party Seller, payment can be made for Goods via -
      1. 6.2.1debit card;
      2. 6.2.2credit card: where payment is made by credit card, we may require additional information in order to authorise and/or verify the validity of payment. In such cases we reserve the right to withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation your order for the Goods will be cancelled. You warrant that you are fully authorised to use the credit card supplied for purposes of paying the Goods. You also warrant that your credit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website;
      3. 6.2.3direct bank deposit or electronic funds transfer: if you pay via direct bank deposit or electronic funds transfer, payment must be made within 5 (five) days of placing your order. Token Cycling (PTY) LTD Trading as Token Cycling will not accept your order if payment has not been received;
      4. 6.2.4Instant EFT
      5. 6.2.5We regret no American Express, Diners Club International and Discover Network cards
    3. 6.3You may contact us via email at info@Tokencycling to obtain a full record of your payment. We will also send you email communications about your order and payment.
    4. 6.4Once you have selected your payment method and you accept these Terms and Conditions, you will be directed to a link to a secure site for payment of the applicable purchase price for the Goods.
  7. Delivery of goods
    1. 7.1Please refer to our Delivery Policy for more information about delivery, and about. The Delivery Policy is incorporated by reference (which means that it forms part of these Terms and Conditions).
  8. Errors
    1. 8.1We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Goods on the Website. However, should there be any errors of whatsoever nature on the Website (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid, or otherwise as set out in the Returns Policy.
  9. Third Party Sellers
    1. 9.1Token Cycling (PTY) LTD Trading as Token Cycling will indicate on relevant product pages and checkout pages when Goods are for sale by a Third Party Seller. In such cases Token Cycling (PTY) LTD Trading as Token Cycling only provides the platform to facilitate transactions between Third Party Sellers and Token Cycling (PTY) LTD Trading as Token Cycling customers. Token Cycling (PTY) LTD Trading as Token Cycling is neither the buyer nor the seller of these items unless otherwise specified.
    2. 9.2The sale formed on acceptance of your order for Goods that are for sale by a Third Party Seller is therefore solely between the registered user and such Third Party Seller. Token Cycling (PTY) LTD Trading as Token Cycling is not a party to that sale.
    3. 9.3The Third Party Seller is solely responsible for fulfilment of delivery of the Goods. The Third Party Seller is also responsible to provide an invoice to the registered user if required. Because Token Cycling (PTY) LTD Trading as Token Cycling wants the registered user to have a safe and consistent experience, Token Cycling (PTY) LTD Trading as Token Cycling will handle any returns under the CPA or the Electronic Communications and Transactions Act 2002 (“ECT Act”), by the registered user arising out of or in connection with the Sale between a registered user and a Third Party Seller on behalf of the Third Party Seller according to Token Cycling (PTY) LTD Trading as Token Cycling own Returns Policy. Should such claim escalate into being a dispute, although Token Cycling (PTY) LTD Trading as Token Cycling reserves the right to become involved in an attempt to resolve it, Token Cycling (PTY) LTD Trading as Token Cycling is not obliged to do so and any disputes must be resolved between you and the relevant Third Party Seller alone.
  10. Privacy policy
    1. 10.1Please refer to our Privacy Policy for more information. The Privacy Policy is incorporated by reference (which means that it forms part of these Terms and Conditions).
  11. Changes to these terms and conditions
    1. 11.1Token Cycling (PTY) LTD Trading as Token Cycling may, in its sole discretion, change any of these Terms and Conditions at any time. It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes. Should you not be satisfied, you must not place any further orders on, or in any other way use, the Website.
    2. 11.2Any such change will only apply to your use of this Website after the change is displayed on the Website. If you use the Website after such amended Terms and Conditions have been displayed on the Website, you will be deemed to have accepted such changes.
  12. Electronic communications
    1. 12.1When you visit the Website or send emails to us, you consent to receiving communications from us or any of our divisions or partners electronically in accordance with our privacy policy as set out in clause 10 above.
  13. Ownership and copyright
    1. 13.1The contents of the Website, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in this Website (“Website Content”) are protected by law, including but not limited to copyright and trade mark law. The Website Content is the property of Token Cycling (PTY) LTD Trading as Token Cycling, its advertisers and/or sponsors and/or is licensed to Token Cycling (PTY) LTD Trading as Token Cycling.
    2. 13.2You will not acquire any right, title or interest in or to the Website or the Website Content.
    3. 13.3Any use, distribution or reproduction of the Website Content is prohibited unless expressly authorised in terms of these Terms and Conditions or otherwise provided for in law. To obtain permissions for the commercial use of any Website Content contact our Admin Manager 011 465 4819 or e-mail info@Tokencycling.co.za.
    4. 13.4Where any of the Website Content has been licensed to Token Cycling (PTY) LTD Trading as Token Cycling or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.
  14. Disclaimer
    1. 14.1The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website.
    2. 14.2Whilst Token Cycling (PTY) LTD Trading as Token Cycling takes reasonable measures to ensure that the content of the Website is accurate and complete, Token Cycling (PTY) LTD Trading as Token Cycling makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website.
    3. 14.3Token Cycling (PTY) LTD Trading as Token Cycling disclaims liability for any damage, loss or liability, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Website and/or any content therein unless otherwise provided by law.
    4. 14.4Although Goods sold from the Website may, under certain specifically defined circumstances, be under warranty, the Website itself and all information provided on the Website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.
    5. 14.5Any views or statements made or expressed on the Website are not necessarily the views of Token Cycling (PTY) LTD Trading as Token Cycling, its directors, employees and/or agents.
    6. 14.6In addition to the disclaimers contained elsewhere in these Terms and Conditions, Token Cycling (PTY) LTD Trading as Token Cycling also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, Trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of Token Cycling (PTY) LTD Trading as Token Cycling, its employees, agents or authorised representatives. Token Cycling (PTY) LTD Trading as Token Cycling thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in in connection with your access to or use of the Website.
  15. Linking to third party websites
    1. 15.1This Website may contain links or references to other websites (“Third Party Websites”) which are outside of our control, including those of advertisers. These Terms and Conditions do not apply to those Third Party Websites and Token Cycling (PTY) LTD Trading as Token Cycling is not responsible for the practices and/or privacy policies of those Third Party Websites or the “cookies” that those sites may use.
    2. 15.2Notwithstanding the fact that the Website may refer to or provide links to Third Party Websites, your use of such Third Party Websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third Party Websites or your reliance on any information contained thereon.
  16. Limitation of liability
    1. 16.1Token Cycling (PTY) LTD Trading as Token Cycling cannot be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website, save where such liability arises from the gross negligence or wilful misconduct of Token Cycling (PTY) LTD Trading as Token Cycling, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors by way of email to info@Tokencycling.co.za or by contacting 011 465 4819.
    2. 16.2Token Cycling (PTY) LTD TRADING AS Token Cycling SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES WHICH MIGHT ARISE FROM YOUR USE OF, OR RELIANCE UPON, THE WEBSITE OR THE CONTENT CONTAINED IN THE WEBSITE; OR YOUR INABILITY TO USE THE WEBSITE, AND/OR UNLAWFUL ACTIVITY ON THE WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.
    3. 16.3YOU HEREBY INDEMNIFY Token Cycling (PTY) LTD TRADING AS Token Cycling AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD PARTY ARISING IN ANY WAY FROM YOUR USE OF THIS WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.
  17. Availability and termination
    1. 17.1We will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and reserve the right to discontinue providing the Website or any part thereof with or without notice to you.
    2. 17.2Token Cycling (PTY) LTD Trading as Token Cycling may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that Token Cycling (PTY) LTD Trading as Token Cycling will not be liable to you in the event that it chooses to suspend, modify or terminate this Website other than for processing any orders made by you prior to such time and to the extent possible.
    3. 17.3If you fail to comply with your obligations under these Terms and Conditions, including any incident involving payment of the price of an order for any Goods, and you fail to remedy such failure within 7 (seven) days of notice to you by us, this may (in our sole discretion) lead to a suspension of your access to the Website without any prejudice to any claims for damages or otherwise that we may have against you.
  18. Governing law and jurisdiction
    1. 18.1These 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.
    2. 18.2In the event of any dispute arising between you and Token Cycling (PTY) LTD Trading as Token Cycling, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Western Cape Division, Cape Town) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
    3. 18.3Nothing in this clause 20 or the Terms and Conditions limit your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.
  19. Token Cycling (PTY)) LTD Trading as Token Cycling information
    1. 20.1For the purposes of the ECT Act, Token Cycling (PTY) LTD Trading as Token Cycling’s information is as follows, which should be read in conjunction with its product descriptions and other terms and conditions contained on the Website:
      1. 20.1.1Full name: Token Cycling (PTY) LTD Trading as Token Cycling Online (RF) (Pty) Ltd, a private company registered in South Africa with registration number 2013/162672/07
      2. 20.1.2Main business: Online retailer, Trade and Services
      3. 20.1.4Office bearers: Warren Foyn
      4. 20.1.5Phone number: 011 465 4819
      5. 20.1.6Official email address: info@Tokencycling.co.za
  20. General
    1. 21.1Token Cycling (PTY) LTD Trading as Token Cycling may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the Website or the user’s right to use the Website or any of its contents subject to us processing any orders then already made by you.
    2. 21.2You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.
    3. 21.3Any failure on the part of you or Token Cycling (PTY) LTD Trading as Token Cycling to enforce any right in terms hereof shall not constitute a waiver of that right.
    4. 21.4If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
    5. 21.5No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.
    6. 21.6No indulgence, extension of time, relaxation or latitude which any party (the “grantor”) may show grant or allow to the other (the “grantee”) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.
    7. 21.7These Terms and Conditions contain the whole agreement between you and Token Cycling (PTY) LTD Trading as Token Cycling and no other warranty or undertaking is valid, unless contained in this document between the parties.