Terms of Service

TERMS OF SERVICE OVERVIEW

This website is hosted on Shopify Inc. and operated by GO-MX. Throughout the site, the terms “we”, “us” and “our” refer to GO-MX.  GO-MX offers this website, including all information, tools and services contained therein to you, the user.  This offering in it's entirety, is conditional upon your acceptance of all terms, conditions, policies and notices published on this website.  Any features, tools or items added to the website shall also be subject to the same terms, conditions, policies and notices. 

These Terms of Service and any referenced conditions, policies and notices, apply to all users of the site, including but not limited to: users who browse the website, vendors, customers, merchants, and/or content contributors.

You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, or change the Terms of Service at any time.  Users will be notified of any changes to the Terms of Service, either by email (account holders), or via a site announcement.  Your continued use of the website, following the posting of any such changes, constitutes acceptance of those changes.

SECTION 1 - GENERAL CONDITIONS

By using our website, you understand that your personal information, excluding credit card information, may be transferred unencrypted and involve (a) transmissions over various networks, and (b) changes, to conform and adapt to technical requirements of connecting networks or devices.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the products or services provided by us, without express written permission from us.

The headings used in this agreement are included for convenience only, and will not limit or otherwise affect these Terms.

GO-MX is not liable for any injuries or damages incurred whilst wearing any gear purchased from us.  Riders should always exercise caution and ride responsibly.  Our products and services are provided as preventative measures only.

SECTION 2 - ONLINE STORE TERMS

By accessing and using our website, you are agreeing to be bound by the terms, conditions, policies and notices published on our website. 

A breach, or violation of any of the terms, conditions, policies or notices published on our website, will result in an immediate termination of your account with us, and criminal action, if deemed appropriate. 

SECTION 3 - PRODUCTS AND SERVICES

Any offer for any product or service made on this site is void where prohibited.

Prices for our products and services are subject to change without notice.  We reserve the right to modify, or discontinue our Service.  

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to our Returns, Refunds and Exchanges Policy.

We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.  These restrictions may include orders placed by, or under the same customer account, credit card, or orders that use the same billing and/or shipping address.

Every effort has been made to display the colours and images of the products and services, that appear online, as accurately as possible.  Colour variances are to be expected however, as colours displayed online may not match the exact colour of actual products.  Product descriptions are subject to change without notice.

At our discretion, we reserve the right, to limit the sales of our products or services to any quantity, person, geographic region, or jurisdiction.  

We cannot be held liable for any factory defects.  Defective items are subject to our Returns, Refunds and Exchange Policy.  For more details, please review our Returns, Refunds and Exchange Policy (http://www.go-mx.co.za/pages/refund-policy)

SECTION 4 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

GO-MX is not responsible for any incorrectly provided information. 

When using our website, or corresponding with us, it is your responsibility to make sure that all your personal and credit card details are current, complete and accurate.  Any transaction processed incorrectly due to user error, resulting in any financial costs, will be strictly for the user's account and treated at Management's discretion.

Payment options: we accept Visa, Mastercard, InstantEFT and UKash.

SECTION 5 - OPTIONAL TOOLS

We may provide you with access to third-party tools, over which we neither monitor, nor have any control, or input.

By using these tools, you acknowledge that we provide access to such tools ”as is”, and “as available” without any warranties, representations or conditions of any kind.  We shall have no liability whatsoever arising from, or relating to your use of such optional third-party tools.

Any use by you, of optional tools offered through the site, is entirely at your own risk and discretion.  

SECTION 6 - THIRD-PARTY LINKS

Certain content, products and services available via our website, may include materials from third-parties.

Third-party links on this site, may direct you to third-party websites that are not affiliated with us.  We are not responsible for examining, or evaluating the content or accuracy found on such sites, and we do not warrant or take any responsibility for any third-party materials, websites, content or services.

We are not liable for any harm, or damages related to the purchase, or use of goods, services, resources, content, or any other transactions made via such third-party websites.  Please carefully review any third-party's policies and practices before you engage in any transaction with them. Complaints, claims, concerns, or questions regarding third-party products, services, or content should be directed to the third-party.

SECTION 7 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

You are solely responsible for any comments you make, including their accuracy.  We take no responsibility, and assume no liability for any comments posted by you, or any third-party.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable, or where such content violates any party’s intellectual property, or terms, policies and notices published on our website.

If, at our request, you send specific submissions e.g. a contest entry, or without a request from us, you send creative ideas, suggestions, proposals, plans, or any other materials, whether online, by email, by postal mail, or other mode of correspondence, you agree (unless agreed in writing), that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium, any such content forwarded to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. 

SECTION 8 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.  Click here to view our Privacy Policy (http://www.go-mx.co.za/pages/privacy-statement).

SECTION 9 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change, update information, or cancel orders where applicable.  Any suspected errors should be reported to info@go-mx.co.za.     

SECTION 10 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 11 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We cannot guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.

You expressly agree that your use of, or inability to use, this Service is at your sole risk.  The website and all products and services delivered to you, via the website (except as expressly stated by us) are provided new and for the sole reasonable purpose/s as stated.

In no case shall GO-MX, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, but not limited to: lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the services or products procured via GO-MX.  Where some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 12 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by the applicable laws, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 13 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms, shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules published by us on this site, or in respect to this Service, constitutes the entire agreement between you the user, and us.  The entire agreement supersedes any prior or contemporary agreements, communications and proposals, whether oral or written, between you and us, including, but not limited to, any prior versions of the Terms of Service or any referenced conditions, policies and notices.

Any ambiguities in the interpretation of these Terms of Service, shall not be construed against the drafting party.

SECTION 14 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you products and services, shall be governed by and construed in accordance with the laws of South Africa and the CPA (Consumer Protection Act).

SECTION 15 - CONTACT INFORMATION

Any questions regarding the Terms of Service should be sent to us at info@go-mx.co.za.