Terms and Conditions

User Terms and Conditions

Last Updated: June 11, 2024

These Terms shall be enforceable and are valid and binding against any User. The continued use of and/or access to the Platform and/or Services shall be deemed to be consent to be and an acknowledgement that a User is, bound to these Terms by agreement.

Interpretation and Definitions

Interpretation

The clause headings in this document have been inserted for convenience only and not for interpretation purposes.

Hyperlinks herein to legal documents should be deemed part of these Terms. The fact that some, or all, of the hyperlinks may, from time to time, be non-operational, shall not affect the validity and interpretation of these Terms.

Reference herein to the singular includes the plural and vice versa.

Definitions

The following defined terms shall, wherever used in this Privacy Policy, bear the corresponding meaning ascribed to them:

"Affiliate" means any holding company, subsidiary company, trust, partner, agent, director, shareholder, employee, representative, officer, official, associate, contractor or any other person appointed by a Party, from time to time;
"Cache" means the automatic storage and retention of data provided by or through the Platform for the purposes of optimizing the speed of data processing;
"CPA" means the Consumer Protection Act, 68 of 2008;
"Developments" means developments that are undertaken by Infinatech from time to time, at its sole discretion, which improve and/or vary the scope and functionality of the Mobile App;
"Infinatech" means Infinatech Global (Pty) Ltd, (with Registration Number: 2023/924832/07) and its Affiliates (where the context may require);
"Instant EFT" means an instant electronic funds transfer, of immediately available funds, from a User's bank account to Infinatech's bank account and whether or not facilitated through a third party payments provider or processer;
"Intellectual Property" means, without limitation, all software, source code, object code, utilities, tools, routines, interfaces, processes, methodologies, components, technologies, algorithms, techniques, designs, reports, trade secrets, formulae, ideas, inventions, programmer interfaces, specifications, know-how, clients and customers, drawings, concepts and documentation, regardless of whether Intellectual Property Rights actually inhere in any such items;
"Intellectual Property Rights" means any and all rights in and to the Intellectual Property, anywhere in the world (whether registered or unregistered) owned, possessed or controlled by either Party, directly or indirectly, including, without limitation, patents, trademarks, service marks, design rights, copyright (including all copyright in any designs and computer software), source codes, moral rights, database rights, trade, product or business names, whether capable of registration or not, but including any right to register same;
"Mobile App" means the solution developed and/or owned by Infinatech, under the name and style of 'Drezmi', which allows Users to view and interact with items of clothing and/or clothing accessories through the use of a virtual avatar, and includes the purchase and sale of Products as well as Modules which provide sorting and searching functionality based on a User's specific criteria, as well as Modules which allow the ability to create virtual wardrobes and daily planners, occasion styles, user preferences together with any Updates and Developments thereto, and includes all Intellectual Property in relation thereto;
"Module" means a specific component of functionality of the Services and/or the Platform;
"Parties" means Infinatech and each Userindividually and "Party" shall refer to either of them;
"Personal Information" means the personal information of any person or entity accessing or using the Services, including, but not limited to:
- names and/or surnames;
- addresses, both physical and electronic;
- non-specific browsing habits and patterns;
- internet protocol addresses; and
- any other information which may be provided through the User's use of the Services and/or the Platform.
"Platform" means any website, network, or application which is developed and/oroperated and/or controlled, by or for,Infinatech, in respect of the Mobile App and includes the content and Services available on and through the Platform and any page, part or element thereof;
"Products" means any goods available for purchase through the Services from time to time;
"Services" means the Mobile App and any other services which may be available on or through the Platform from time to time;
"Terms" means these user terms and conditions, as amended from time to time, together with any annexures thereto;
"Updates" means any bug and error fixes and patches that enhance the functionality, stability, compatibility, and security of the Mobile App;
"User" means any person and/or entity that accesses and/or makes use of, the Platform and/or the Services or any part thereof.

NOTICES AND STRUCTURE

These Terms apply to Users who are consumers for purposes of the CPA, and contain provisions which:

may limit the risk or liability of Infinatech; and/or
may detail risk or liability for the User; and/or
may compel the User to indemnify Infinatech; and/or
serve as an acknowledgment, by the User, of a fact.

Your attention, as the User, is drawn to these Terms, and if there is any provision in these Terms that you do not understand, it is your responsibility to request that Infinatech explain it to you, before you accept these Terms and/or make use of the Services.

Nothing in these Terms is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either a User or Infinatech in terms of the CPA.

By making use of the Platform and/or theServices, a User shall be deemed to have agreed to these Terms unconditionally.

These Terms are divided into two parts, as follows:

Part A – Registration and Use, Orders, Payment, Delivery, Returns, Errors and Vouchers and Coupons;
Part B – General Provisions.

Part A and Part B must be read together as constituting the whole of these Terms and the agreement between the Parties.

Part A

REGISTRATION AND USE OF THE PLATFORM

Only registered Users shall be entitled to order Products by making use of the Services.

In the event that a User chooses to download and use the Mobile App and not register, that User may use the Mobile App and have limited access to the Services, as prescribed by Infinatech, from time to time.

In order to register, Users shall be required toprovide a username and password and provide certain information, including Personal Information, to Infinatech.

For the purposes of this clause 4, Users agree and warrant that their username and password shall:

be used for personal use only; and
not be disclosed by a User to any third party; and
the User shall ensure that their username and password is kept secure from any dissemination and/or unlawful access

Users shall be required to enter their username and password whenever ordering Products, failing which Users may be denied access to, and use of, the Services.

Users agree that, once the correct username and password have been entered, irrespective of whether the username and password is unauthorised or fraudulent, the User shall be liable for payment of any orders made, in accordance with the remaining provisions of these Terms, save in the event that the order is cancelled in accordance with these Terms

Users shall notify Infinatech, in writing,immediately upon becoming aware of, or reasonably suspecting any, unauthorised access to or use of, their username and password and shall take reasonable steps to limit any loss or harm and shall co-operate fully with Infinatech and comply with any reasonable requests or instructions that Infinatech may provide.

Users warrant that they are 18 years of age or older and of full legal capacity, provided that in the event that a User is under the age of 18, then theyshall only make use of the Services with theconsent, involvement and supervision of a parent or legal guardian, who shall be bound to these Terms and shall be liable for any and all obligations provided for in these Terms.

ORDERS

Users may, from time to time, place orders for Products in accordance with the processes and procedures implemented on the Platform and/or Services, by Infinatech from time to time, which orders Infinatech may accept or reject, at its sole discretion.

In the event that Infinatech accepts an order of a User, Infinatech will deliver the Products to the User, and notwithstanding anything to the contrary, including any communication fromInfinatech, it is agreed between the Parties that a valid and binding sale agreement will only come into force and effect on the date on which the Products ordered and confirmed by the User.

In the event that Infinatech rejects an order of a User, it shall notify the User of such rejection and, as soon as possible thereafter, refund the User for any amounts already paid by the User.

The User shall not be entitled to cancel an order save in accordance with clause 8.

The User acknowledges that:

electronically placing Products in a virtual shopping basket on the Platform, without completing the purchase and payment process on the Platform, does not constitute an order for such Products, and as such, Products may be removed from the shopping basket if stockis no longer available. Infinatech shall not be held liable if such Products are not available, if a User does not immediately complete the purchase and payment process; and
stock of all Products is limited, and Infinatechcannot guarantee the availability of Products. In the event that Products are no longer available after a User has placed an order, Infinatech will notify the User and the Usershall be entitled to a refund of the amount paid for such Products, in accordance with these Terms.

PAYMENT

Users shall be liable for and shall make payment in respect of, any orders made, in accordance withthe provisions of this clause 6 and any other processes and procedures implemented by Infinatech on the Platform and/or Services, from time to time.

Users shall be entitled, via the payment gateway provided by a third party, to make payment, via the following methods (or such methods as such third party may allow):

Instant EFT / PaybyBank; and/or
Credit and Debit Card payments; and/or
Apple Pay; and/or
Scan to Pay; and/or
Payfelx

Any payment that a User is obliged to make to Infinatech, whether in accordance with the provisions of these Terms or otherwise in terms of any applicable laws, shall be made without any deduction, set-off or exchange and the User shall have no right to withhold or defer payment, notwithstanding that Infinatech may be in breach of these Terms, into the banking account of Infinatech, the details of which banking account shall be provided to a User upon request. For the avoidance of doubt, it is agreed by the Parties that it shall be deemed that a User has made payment of any amount that is due owing and payable to Infinatech, if and when Infinatech receives such payment into Infinatech's banking account

It shall remain a User's sole obligation to confirm and verify the banking details of Infinatech, telephonically with Infinatech, prior to making the first payment into Infinatech's banking account and Infinatech shall take no responsibility for any amounts paid by a User into an incorrect bank account, regardless of the reason.

Delivery Of Products

Delivery of Products is subject to Infinatech's Delivery Policy, available for Users on the Platform.

Returns

Returns are subject to Infinatech's Returns Policy, available for Users on the Platform.

Errors

Infinatech shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Productsavailable through the Services, however, should there be any errors of whatsoever nature on the Platform, Infinatech shall not be liable for any loss, claim or expense relating to a transaction based on any error, save in the event of any incorrect purchase price, and then only to the extent of refunding Users for any excess amount already paid by Users.

VOUCHERS AND COUPONS

Infinatech may from time to time sell, or issue, electronic gift vouchers (“Vouchers”) and make electronic promotional codes (“Coupons”) available for use through the Services, to be applied towards the purchase of Products. For the purposes of this clause:

Vouchers shall be valid for 1 year after purchase by the User, after which it will expire;
Vouchers cannot be used to buy other Vouchers or Coupons and are not transferable
If the Voucher value is insufficient for an order, the User shall be liable for the difference of the purchase price.
Coupons are issued from time to time, electronically, in Infinatech’s sole discretion;
Coupons are issued from time to time, electronically, in Infinatech’s sole discretion;
only one Coupon can be used per User,unless Infinatech specifies otherwise in writing;
the purchase price of Products ordered by a User, and the balance remaining, if any, will be payable by the User; and
Coupons cannot be:
- used to buy Vouchers or other Coupons; or
- exchanged for cash; and
- transferred to any other User or person, unless specified in the specific promotion

Any amendment of this Privacy Policy shall be deemed to be in force and effect, and binding on the User, on the date of publication of such amended terms to the Platform, or such other location as stipulated by Infinatech, which shall be notified to Users

Should the User not agree with or accept the amendment of this Privacy Policy, then the Usermust not use the Platform and/or Services. For the avoidance of any doubt, it will be the sole responsibility and obligation of the User, to confirm any amendments to this Privacy Policy, by contacting Infinatech

Part B

LICENSE TO ACCESS

Subject to the remaining provisions of these Terms, Infinatech hereby grants the User a non-exclusive, non-transferable licence, to access and make use of the Platform and/or the Services.

Save to the extent to which the contrary is specifically provided for in these Terms, the licence granted to the User in these Terms may not be transferred to anyone without Infinatech’s prior written consent, and the User acknowledges that Infinatech may immediately terminate, the User's access to and use of, the Platform or the provision of the Services, including the licence, without liability, at Infinatech's sole election and without prior notice, in the event that Infinatech is of the reasonable view that the User:

has failed to comply with any obligations imposed on it by these Terms;
has acted, or failed to act, in accordance with any applicable law;
has created, published and/or provided any inaccurate and/or misleading information, including but not limited to, in respect of Infinatech, the Platform and/or Services and/or the User's access to and use thereof; or
may, through its continued use of the Platformand/or the Services, create a negative public impression of Infinatech.

Infinatech will make reasonable commercial efforts to make the Platform and Services available for use by the User at all times, except where:

an interruption, irrespective of whether such interruption is scheduled or due to emergency circumstances, occurs; or
any event beyond the reasonable control of Infinatech, disrupts the availability of the Services and/or the Platform, including,without limitation, any interruption to any third party service used by Infinatech, in the provision of the Services, virus or malwareinfection, cybersecurity breach, unauthorized access, power failure or any other event beyond the reasonable control of Infinatech.

DISCLAIMER AND LIMITATION OF LIABILITY

Infinatech shall not be liable for any theft, damage, loss, harm or liability of any nature suffered orincurred by the User and/or whomever, resulting from (whether directly, indirectly or consequentially and whether foreseen or unforeseen), the User's:

access to the Platform;
access to and use of the Services;
access to websites or third-party services linked to the Platform;
inability to access the Platform;
inability to access or use the Services;
inability to access websites or third-party services linked to the Platform;
access to or use of or creation of:
- content available on the Platform;
- downloads from the Platform; or
claim in respect of any other reason not directly related to Infinatech, or its Affiliates, conduct

Further to the above, the User acknowledges and understands that Infinatech relies, from time to time, on services being provided to Infinatech by Affiliates, in order for Infinatech to provide the Services to the User. As a result, Infinatech shall not be liable for any damage, loss or liability of any nature whatsoever, suffered or incurred, by,the User, or any third party on behalf of the User, as a result of any conduct by any Affiliate, of services to Infinatech.

The User acknowledges and agrees that:

the Services have not been compiled to meet the User's individual requirements; and
it is the responsibility of the User to satisfy themselves, prior to using the Services, that the Services meet the User's individual requirements and is compatible with the User's computer hardware and/or software.

Information, ideas and opinions expressed through the Platform and/or Services should not be regarded as professional advice or the official opinion of Infinatech and to the extent that it might be necessary, the User undertakes to seek professional and/or expert advice before taking any course of action related to the information, ideas or opinions expressed through the Platform and/or Services.

Infinatech does not make any warranties or representations that the content on the Platform and/or the Services and the Services available shall in all cases be accurate, true, correct or free from any errors. Infinatech shall take all reasonable steps to ensure the quality and accuracy of such content and the User undertakes to report incorrect and untrue information to Infinatech, subject to the right of Infinatech to determine, in its sole and absolute discretion, such content.

USE OF THE SERVICES

Save to the extent that same is provided for in these Terms, the content from the Platform and/or Services may not be used or exploited by a User for any commercial and/or non-private purposes,without the prior written consent from Infinatech, which consent may be withheld in the sole discretion of Infinatech.

The User may not use or attempt to use any technology or otherwise try to search and/or copy content from the Platform and/or the Services for any purpose whatsoever, without the prior written consent of Infinatech, which consent may be withheld in the sole discretion of Infinatech, provided that bona fide search engine operators may, in Infinatech's sole election, be used.

A User may only access and use the Platformand/or Services as provided for in these Terms, and may not use the Platform and/or Services for, without limitation:

harmful purposes;
unlawful purposes;
reverse engineering the Platform, a Module, the Mobile App, and/or the Services;
disclosing, sharing, or publishing materialand/or content that may be offensive, unethical, defamatory (or harmful in any waywhatsoever), regulated, copyrighted, incorrect, untrue, prohibited, infringing or damaging to any person; and/or
the creation, storage and sending of unsolicited commercial communications.

The User shall be entitled to Cache the Platform, provided that:

the purpose of the Caching is to expedite the processing of content from the Services;
the Cached content is not modified in any manner whatsoever;
the Cached content is updated at least every 12 hours, if applicable; and
the Cached content is removed and/or updated as and when Infinatech requires, which shall be at Infinatech's sole election.

If any User uses content from the Platform and/or the Services, in breach of the provisions detailed herein, Infinatech:

reserves the right to:
- claim damages from the User;
- institute any civil and/or criminal proceedings against the User; and
shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted(whether direct, indirect or consequential and whether foreseen or unforeseen), from the use of such content by the User or any third party who obtained any content from the User.

The User acknowledges that hyperlinks located on or in any third-party sources shall direct the Userto the home page of the Platform and/or Services, at the sole discretion of Infinatech ("Home Page").

In the event that the User makes use of, or provides, any links to content beyond the Home Page, without prior written consent from Infinatech, the User hereby indemnifies Infinatech against any loss, liability or damage that may result (whether direct, indirect or consequential and whether foreseen or unforeseen), from such breach of these Terms, including in respect of any claims of any third parties against Infinatech, and shall do so at their own risk and Infinatech's liability to the User is limited to fullest extent in terms of applicable law, in respect of any loss, liability or damage of the User that may result from the use of the Services from the Platform, if such content was accessed through a hyperlink not directed at the Home Page.

Save to the extent that same may be necessary, in Infinatech's sole discretion, in order for Infinatech to provide the Services in accordance with these Terms, no information published on the Platform and/or the Services may be incorporated into any database used for electronic marketing or similar purposes.

INTELLECTUAL PROPERTY RIGHTS AND DOMAIN NAME USE

All licences and/or permissions granted in terms of these Terms are provided on a non-exclusive and non-transferable basis and may be terminated or cancelled by Infinatech at any time without prior notice or reason, in accordance with these Terms.

All Intellectual Property Rights contained in the Platform and/or the Services are the property of, or licensed to, Infinatech and as such, the User shall not acquire any right, title, and/or interest in or to Infinatech's Intellectual Property save to the extent that same is provided for herein.

The User shall not be entitled to use any logos, icons, photos, pictures, graphics, trademarks, other Intellectual Property of Infinatech or any of its licensors or related content from the Platform and/or the Services, for any reason whatsoeverwithout Infinatech’s prior written consent, which consent shall be at Infinatech's sole discretion.

LAWFUL PROCESSING OF PERSONAL INFORMATION AND PRIVACY

All collection, processing and/or use by Infinatech shall be carried out in terms of any policies applicable to processing as may be implemented by Infinatech from time to time, and which shall be available to the User on the Platform in the form of a Privacy Policy.

REMOVAL AND CORRECTION OF CONTENT

Users shall report any untrue, inaccurate, defamatory, illegal, infringing and/or harmful content available from or on the Platform and/or Services to Infinatech, and Infinatech undertakes to investigate such content and, if deemed necessary, at Infinatech's sole and absolute discretion, remove such content or any parts thereof.

Infinatech.

CHANGES AND AMENDMENTS

Infinatech reserves the right, in its sole and absolute discretion, to do any of the following, at any time and without prior notice or justification:

amend these Terms;
amend the contents of the Platform and/or Services available;
discontinue any aspect and/or Module of the Platform and/or Services;
change the software and hardware required to access and make use of the Platform and/or Services; and/or
to delete the Platform

Any amendment of these Terms shall be deemed to be in force and effect, and binding on the User, on the date of publication of such amended terms to the Platform, or such other location as stipulated by Infinatech, which shall be notified to Users.

Should the User not agree with or accept the amendment of these Terms, then the User must not purchase any Products or otherwise use the Platform and/or Services. For the avoidance of any doubt, it will be the sole responsibility and obligation of the User, to confirm any amendmentsto these Terms, by contacting Infinatech, prior to ordering any Products.

AGREEMENT IN TERMS OF SECTION 21 OF THE ECT ACT

The Parties agree that:

The User shall be bound to these Terms for so long as it makes use of the Services, and such agreement is concluded in Johannesburg (South Africa) at the time the User enters the Platform for the first time;
The User agrees and warrants that data messages as defined in the ECT Act addressed by the User to Infinatech shall only be deemed to have been received if and when responded to by Infinatech, provided that an automatically generated response received from the Platform shall not be deemed to be a reply;
Electronic signatures, encryption and/or authentication shall not be required for valid electronic communications between the Parties;
Data messages that are sent to Infinatech from a computer, IP address or mobile device normally used by or owned by the User, shall be deemed to have been sent and/or authorised by the User personally; and
An email sent to the User by Infinatech, shall be deemed to have been received by the User when the User is capable of downloading the email

ENTIRE AGREEMENT AND SEVERABILITY

These Terms constitute the entire agreement between the Parties and shall take precedence over any other agreements, disclaimers and/or legal notices attached to any communications and/or postings received by Infinatech from the User.

No variation or waiver of any of these Terms will be binding or effectual for any purpose unless expressed in writing by a duly authorised representative of Infinatech, and any such waiver will be effective only in the specific instance and for the purpose given.

Any failure by Infinatech to exercise or enforce any right or provision shall in no way constitute a waiver of such right or provision

In the event that any term or condition detailed herein is found unenforceable or invalid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall remain enforceable and applicable

APPLICABLE AND GOVERNING LAW

The Platform is hosted, controlled and operated within the Republic of South Africa and therefore, subject to the remainder of these Terms, the South African law enforced by the South African courts governs the use of, or inability to use, the Platform, its content, Services, and/or anyproducts.

Nothing in this clause 20, or any other provisions in these Terms, shall limit a User's right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA

LEGAL COSTS

Infinatech, its agents and suppliers, shall not be liable for costs incurred by Users to obtain professional advice relating to these Terms.

User Terms and Conditions.