Terms of service

Terms of Service Agreement:

This Terms of Service Agreement ("Agreement") is a legal agreement between you ("Customer" or "you") and OMF THATS GOOD PTY LTD ("Company", "we", "OMF" or "us") governing your use of the www.ohmyfudge.co.za website ("Website"). By accessing or using the Website, you agree to be bound by the terms and conditions of this Agreement.

  1. Website Use and Content:
    a. The content provided on the Website, including but not limited to text, images, graphics, logos, and other materials, is the property of OMF. You may not use, reproduce, distribute, modify, or create derivative works based on the Website content without our prior written consent.
    b. You agree not to engage in any unauthorised use of the Website, including but not limited to unauthorised access, data collection, or any activity that disrupts or interferes with the proper functioning of the Website.

  2. Ordering and Payment:
    a. Orders placed through the Website are subject to acceptance by OMF. We reserve the right to refuse or cancel any order at our discretion.
    b. All prices listed on the Website are in the applicable currency and are subject to change without notice.
    c. Payment for orders must be made using the designated payment methods available on the Website. By providing your payment information, you represent and warrant that you are authorised to use the designated payment method and authorise us to charge the total order amount. Your payment information will not be saved on our databases and will only be used to charge the single order you authorise when checking out.

  3. Product Delivery:
    a. We make reasonable efforts to ensure timely and accurate delivery of products. However, delivery times may vary depending on various factors beyond our control, including but not limited to our production schedule, stock availability, weather conditions and courier delays.
    b. The risk and liability associated with the collection or delivery of products rest solely with the Customer. Once the products leave our premises via collection or for delivery by the designated delivery service, any loss, damage, or delay in delivery is the sole responsibility of the Customer.
    c. In the event of any issues or discrepancies with the delivery, please contact the designated courier service directly. We will assist you to the best of our ability, but we cannot be held responsible for any courier-related issues.

  4. Disclaimers and Limitation of Liability:
    a. The information and content provided on the Website are for general informational purposes only. While we strive to ensure the accuracy and reliability of the information, we do not warrant or guarantee its completeness, correctness, or timeliness.
    b. The products and services offered on the Website are provided "as is" without any warranties, express or implied. We disclaim any warranties of merchantability, fitness for a particular purpose, or non-infringement.
    c. In no event shall OMF or its affiliates, directors, employees, or agents be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with your use of the Website or the products purchased through it.
    d. Our liability, if any, for any claim related to your use of the Website or the products shall not exceed the total amount paid by you for the specific product giving rise to the claim.

  5. Indemnification: You agree to indemnify, defend, and hold harmless OMF and its affiliates, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses, including reasonable attorneys' fees, arising out of or in connection with your use of the Website or any violation of this Agreement.

  6. Modification and Termination: We reserve the right to modify, suspend, or terminate the Website or any portion thereof at any time without notice. We may also modify this Agreement at our discretion. Your continued use of the Website after any modifications shall constitute your acceptance of such modifications.

  7. Entire Agreement: This Agreement constitutes the entire agreement between you and OMF regarding your use of the Website and supersedes any prior agreements or understandings, whether oral or written.

  8. If you have any questions or concerns about this Agreement, please contact us using the contact information provided on the Website.

  9. You confirm that all information supplied to OMF is accurate, complete, and correct. You confirm that you are legally allowed to use the information supplied. 

  10. Any pictures, videos, conversations, suggestions, ideas or comments shared by anyone interacting with OMF may be used by OMF as the property of OMF for any marketing, product development and or research purposes.
     

  11. By using the Website placing an order via Whatsapp or email, you acknowledge that you have read, understood, and agree to be bound by this Terms of Service Agreement.

    Last updated: 14 June 2023 14:43