Terms of service

TERMS OF SERVICE

Last Updated: 13 June 2024

OVERVIEW

This website is owned and operated by Shack Africa LLC, a company incorporated under the laws of the State of Delaware, United States of America, trading as Scrap-a-Doodles (“Scrap-a-Doodles”, “Company”, “we”, “us”, or “our”).

These Terms of Service govern your access to and use of this website, including all products, services, content, functionality, and transactions made available through it.

By accessing, browsing, or using this website, or by purchasing products or services through this website, you agree to be bound by these Terms of Service and all policies referenced herein. If you do not agree to these Terms of Service, you must not use this website.

Our online store is hosted by Shopify Inc., which provides the e-commerce platform through which we offer products and services.

ELIGIBILITY

By using this website, you represent that you are at least the age of majority in your jurisdiction of residence or that you have obtained the consent of a parent or legal guardian.

You agree not to use this website for any unlawful purpose or in violation of any applicable law or regulation.

ONLINE SALES

All products and services offered through this website are sold by Shack Africa LLC.

We reserve the right to refuse, limit, cancel, or reject any order at our sole discretion, including where we suspect fraud, unauthorized activity, pricing errors, inventory discrepancies, or violations of these Terms.

Prices, product descriptions, availability, promotions, and specifications are subject to change without notice.

An order confirmation does not constitute acceptance of an order. We reserve the right to cancel orders before shipment or fulfillment and will provide a refund where required.

SEPARATE RETAIL ENTITIES

This website is operated exclusively by Shack Africa LLC.

Physical retail stores, franchise locations, distributors, licensees, and other businesses operating under the Scrap-a-Doodles brand may be owned and operated by separate legal entities in South Africa or other jurisdictions.

Such entities operate independently and are solely responsible for their own business activities, transactions, obligations, liabilities, customer relationships, and compliance with applicable laws. Purchases made through physical retail stores are separate from purchases made through this website and are not transactions with Shack Africa LLC unless expressly stated otherwise.

INTELLECTUAL PROPERTY

All content available on this website, including trademarks, trade names, logos, graphics, artwork, photographs, text, designs, software, product descriptions, and other intellectual property, is owned by or licensed to Shack Africa LLC and is protected by applicable intellectual property laws.

SCRAP-A-DOODLES®, associated logos, branding, and related intellectual property are protected by trademark registrations and intellectual property laws in the United States of America, South Africa, and other applicable jurisdictions.

No content from this website may be copied, reproduced, distributed, modified, displayed, published, transmitted, or otherwise exploited without our prior written consent.

ACCURACY OF INFORMATION

We make reasonable efforts to ensure that information on this website is accurate and current. However, we do not guarantee that all information, descriptions, images, pricing, availability, or other content is complete, accurate, reliable, current, or error-free.

We reserve the right to correct errors, inaccuracies, omissions, and to update information at any time without prior notice.

USER CONDUCT

You agree not to:

• Use the website for unlawful purposes;
• Violate any applicable laws or regulations;
• Infringe upon our intellectual property rights or those of others;
• Upload or transmit malicious software, viruses, or harmful code;
• Interfere with the operation or security of the website;
• Attempt unauthorized access to any systems or accounts;
• Collect or harvest personal information from other users;
• Engage in fraudulent, deceptive, abusive, or harmful conduct.

We reserve the right to suspend or terminate access for violations of these Terms.

THIRD-PARTY SERVICES AND LINKS

This website may contain links to third-party websites, services, applications, or resources.

We do not control and are not responsible for the content, availability, accuracy, policies, or practices of third parties. Your use of third-party services is entirely at your own risk and subject to the terms and conditions of those third parties.

PRIVACY

Your use of this website is also governed by our Privacy Policy, which forms part of these Terms of Service.

By using this website, you consent to the collection, use, and processing of your information as described in our Privacy Policy.

DISCLAIMERS

This website and all products, services, information, and content are provided on an “as is” and “as available” basis.

To the fullest extent permitted by law, Shack Africa LLC disclaims all warranties, representations, and conditions of any kind, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, and uninterrupted availability.

We do not warrant that the website will be secure, uninterrupted, error-free, or free from harmful components.

LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, Shack Africa LLC and its officers, directors, employees, contractors, licensors, affiliates, agents, and service providers shall not be liable for any indirect, incidental, consequential, punitive, special, or exemplary damages arising from or relating to:

• Use of or inability to use the website;
• Products or services purchased through the website;
• Loss of profits, revenue, data, goodwill, or business opportunities;
• Unauthorized access to or alteration of data;
• Errors, omissions, interruptions, or system failures.

Our total liability for any claim shall not exceed the amount paid by you for the product or service giving rise to the claim.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Shack Africa LLC and its affiliates, officers, directors, employees, agents, contractors, and service providers from any claims, liabilities, damages, losses, costs, and expenses, including reasonable attorneys’ fees, arising from your violation of these Terms or your misuse of the website.

TERMINATION

We may suspend or terminate your access to the website at any time and without notice if we believe you have violated these Terms or applicable law.

Termination shall not affect any rights or obligations accrued prior to termination.

SEVERABILITY

If any provision of these Terms is found to be invalid, unlawful, or unenforceable, the remaining provisions shall remain in full force and effect.

CHANGES TO THESE TERMS

We reserve the right to modify these Terms of Service at any time by posting updated terms on this website.

Your continued use of the website after changes are posted constitutes acceptance of the revised Terms.

GOVERNING LAW AND JURISDICTION

These Terms of Service and any dispute arising from or relating to the website, its content, products, services, or transactions shall be governed by and construed in accordance with the laws of the State of Delaware, United States of America, without regard to conflict of law principles.

Any legal action or proceeding arising from or relating to these Terms shall be brought exclusively in the state or federal courts located within the State of Delaware, United States of America.

You consent to the exclusive jurisdiction and venue of such courts.

CONTACT INFORMATION

Shack Africa LLC
Trading as Scrap-a-Doodles

Email: legal@scrap-a-doodles.com

Legal Correspondence Address:
5609 S Dupont Hwy, Unit 7 #1009
Smyrna, Delaware 19977
United States of America

Trademark Notice:
SCRAP-A-DOODLES®, associated logos, branding, and related intellectual property are owned by or licensed to Shack Africa LLC and are protected by trademark registrations and intellectual property laws in the United States, South Africa, and other applicable jurisdictions.