Terms and Conditions

Version 1.0. 1^st Aug, 2024

A. Introduction

1. By using and/or visiting any section (including sub-domains) of the TsogaShop website or any other websites or applications that we own (the “Website”) and/or registering on the Website, you agree to be bound by (i) these Terms and Conditions; (ii) our privacy policy and (iii) our cookies (together the “Terms”) and are deemed to have accepted and understood all the Terms.

2. Please read the Terms carefully and if you do not accept the Terms, do not use the Website. The Terms shall also apply to all or mobile devices including downloadable applications to a mobile device (as if referenced to your use of the Website were references to your use of our telephone and/or mobile devices merchant facilities).

3. We may need to change the Terms from time to time for a number of reasons (including complying with applicable laws and regulations, and regulatory requirements). Any minor or insubstantial changes may be made at any time and you are advised to review the Terms on a regular basis. The most up-to date Terms will be available on the Website. All major changes will be notified to you in advance of such changes taking effect. If any change is unacceptable to you, you should cease using the Website and/or close your account. If, however, you continue to use the Website after the date on which the changes to the Terms come into effect, you will be deemed to have accepted those changes.

4. Reference to "you", "your" or the "customer" is reference to any person using the Website or the services of TsogaShop and/or any registered customer of TsogaShop.

B. Your TsogaShop Account

1. Application

1.1. All information supplied when registering with the site MUST be accurate and complete in all respects. Where this is not the case, we reserve the right to suspend the account. Where an account is suspended, the relevant customer should contact us.

1.2. By accepting the Terms and/or registering to use the Website you hereby agree that we shall be entitled to conduct any and all such identification, credit and other verification checks from time to time that we may require and/or are required by applicable laws and regulations and/or by the relevant regulatory authorities for use of the Website and our services and products generally. You agree to provide all such information as we require in connection with such verification checks. We shall be entitled to suspend or restrict your account in any manner that we may deem in our absolute discretion to be appropriate, until such time as the relevant checks are completed to our satisfaction.

1.3. As part of the registration process, we may supply your information details to authorised credit reference agencies to confirm your identity and payment card details. You agree that we may process such information in connection with your registration.

1.4. Customers must keep their registration and account details up to date. This, and your account information, may be amended in the Personal section of the Website. If you require any assistance, please contact us.

2. Account Details

2.1. TsogaShop allows all its customers to choose their own username and password combination. Customers must keep this information secret and confidential as you are responsible for any activities taking place on your account.

2.2. If, at any time, you feel a third party is aware of your username and/or password you should change it immediately via the Website. Should you forget part or all your combination, please contact us.

3. Personal Details

TsogaShop will comply with applicable data protection laws in respect of the personal information you supply to us. Your personal information is processed in accordance with our Privacy Policy.

C. Use of The Website

1. Information and Content

1.1. Information accessed by you on the Website is for your personal use only and the distribution or commercial exploitation of such information is strictly prohibited. No warranty is given as to the uninterrupted provision of such information, its accuracy or as to the results obtained through its use. The information is not intended to amount to advice or recommendations and is provided for information purposes only.

2. Your Equipment

2.1. Your computer equipment or mobile device and internet connection may affect the performance and/or operation of the Website. TsogaShop does not guarantee that the Website will operate without faults or errors or that the TsogaShop services will be provided without interruption. TsogaShop does not accept any liability for any failures or issues that arise due to your equipment, internet connection or internet or telecommunication service provider.

3. Software and Technology Issues

3.1. Due to the nature of how our products work, there are a number of factors that may cause you to experience technical issues when accessing/navigating areas of the site or with the site's general functionality. Possible issues could be but not limited to:

• Display and functionality issues
• Problems logging in
• Problems in making successful credit or debit card payments
• Unexpected/unusual error messages
• Unresponsive links

Should you experience any of the above, we have a 24hr dedicated Customer Technical Support team who will be happy to troubleshoot any issues with you. Please Contact Us if you require assistance. Further to this, Also, certain third-party product providers may require you to agree to additional terms and conditions governing the use of their products. If you do not accept those third-party terms and conditions, do not use the relevant third-party software. TsogaShop does not accept any liability in respect of any third-party software.

3.2. You are only permitted to use any and all software made available to you via the Website for the purpose of using products on the Website and, save to the extent permitted by applicable law, for no other purposes whatsoever.

3.3. While TsogaShop endeavours to ensure that the Website is available 24 hours a day, TsogaShop shall not be liable if for any reason the Website is unavailable at any time or for any period. We reserve the right to make changes or corrections to or to alter, suspend or discontinue any aspect of the Website and the content or services or products available through it, including your access to it.

3.4. You must not misuse the Website by introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. In particular, you must not access without authority, interfere with, damage or disrupt the Website or any part of it; any equipment or network on which the Website is stored; any software used in connection with the provision of the Website; or any equipment, software or website owned or used by a third party. You must not attack our Website via a denial-of-service attack. Save where we have not taken reasonable steps, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website, software or to your downloading of any material posted on it, or on any website linked to it.

4. Third Party Content

4.1. TsogaShop receives feeds, commentaries and content from several suppliers. Certain third-party product providers may require you to agree to additional terms and conditions governing the use of their feeds, commentaries and content. If you do not accept the relevant third-party terms and conditions, do not use the relevant feeds, commentaries or content.

4.2. TsogaShop does not accept any liability in respect of any third-party feeds, commentaries and content.

4.3. Where the Mobile service, Website and all other media/electronic platforms, contains links to third party resources, these links are provided for your information only. TsogaShop has no control over the content of these sites or resources, and accepts no liability for them or for any loss or damage that may arise from your use of them. The inclusion of a link to a third party does not constitute an endorsement of that third party's product or services (if applicable).

5. Other

5.1. TsogaShop actively monitors traffic to and from the Website. TsogaShop reserves the right in its sole discretion to block access where evidence indicative of automated or robotic activity is found.

5.2. TsogaShop reserves the right to restrict access to all or certain parts of the Website in respect of certain jurisdictions.

5.3. TsogaShop may amend the products offered via the Website at any time and for any reason

5.4. From time to time, all or part of the Website may be unavailable for because of our maintenance of the Website and/or alteration or amendment of any of the products.

D. Our Liability

1. TsogaShop does not accept any liability for any damages, liabilities or losses which are deemed or alleged to have arisen out of or in connection with the Website or its content (including delays or interruptions in operation or transmission, communication or lines failure, any person's misuse of the Website or its content or any errors or omissions in content).

2. While TsogaShop endeavours to ensure that the information on the Website is correct, TsogaShop does not warrant the accuracy or completeness of the information and material on the Website. The Website may contain typographical errors or other inaccuracies, or information that is out of date. TsogaShop is under no obligation to update such material. The information and material on the Website is provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, TsogaShop provides you with the Website on the basis that TsogaShop excludes all representations, express or implied warranties, conditions and other terms which but for these terms and conditions might have effect in relation to the Website.

3. Except as otherwise set out in these terms, TsogaShop shall not be liable, in contract, tort (including negligence) or for breach of statutory duty or in any other way for any of the following (whether incurred directly or indirectly):

• loss of profits
• loss of business
• loss of revenue
• loss of opportunity
• loss of data
• loss of goodwill or reputation; or
• any special, indirect or consequential losses

whether or not such losses were within the contemplation of the parties at the date of these terms and conditions.

E. Our Intellectual Property Rights

1. The contents of the Website are protected by international copyright laws and other intellectual property rights. The owner of these rights is TsogaShop, its affiliates or other third-party licensors.

2. All product and company names and logos mentioned on the Website are the trademarks, service marks or trading names of their respective owners, including TsogaShop.

3. Except to the extent required to use a product for the purpose stated, no part of the Website may be reproduced or stored, copied, republished, uploaded, posted, transmitted or distributed, by any means or in any manner, or included in any other website or in any public or private electronic retrieval system or service including text, graphics, video, messages, code and/or software without our express prior written consent.

4. If you make use of a feature that allows you to upload material, information, comments, postings or other content to the Website ("User Content"), then the User Content will be considered to be non-confidential and non-proprietary and TsogaShop has the right to use, copy, distribute and disclose to third parties any User Content for any purpose. TsogaShop also has the right to disclose your identity to any third party who is claiming that any User Content posted or uploaded by you to the Website constitutes a violation of their intellectual property rights or of their right to privacy. TsogaShop has the right to remove, amend or edit any User Content you make on the Website.

5. Any commercial use or exploitation of the Website or its content is strictly prohibited.

F. Other Provisions

1. These Terms and Conditions, the Privacy Policy, the Cookies Policy, the Rules and any document expressly referred to in them, and any guidelines or rules posted on the Website constitute the entire agreement and understanding of the parties and supersede any previous agreement between the parties relating to their subject matter. You acknowledge and agree that in entering into and agreeing to these Terms and Conditions, the Privacy Policy, the Cookies Policy, the Rules and any document expressly referred to in them and any guidelines or rules posted on the Website you do not rely on, and shall have no remedy in respect of, any statement, representation, warranty, understanding, promise or assurance (whether negligently or innocently made) of any person (whether party to this agreement or not) other than as expressly set out therein. Nothing in this clause shall operate to limit or exclude any liability for fraud or fraudulent misrepresentation.

2. In no event will any delay, failure or omission (in whole or in part) in enforcing, exercising or pursuing any right, power, privilege, claim or remedy conferred by or arising under these Terms and Conditions or by law, be deemed to be or construed as a waiver of that or any other right, power, privilege, claim or remedy in respect of the circumstances in question, or operate so as to bar the enforcement of that, or any other right, power, privilege, claim or remedy, in any other instance at any time or times subsequently.

3. The rights and remedies provided by these Terms and Conditions are cumulative and (unless otherwise provided in these Terms and Conditions) do not exclude any other rights or remedies available in law.

4. If any provision of these Terms and Conditions is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of these Terms and Conditions which shall remain in full force and effect.

5. You shall execute or cause to be executed all documents and do or cause to be done all further acts and things consistent with the terms of these Terms and Conditions that TsogaShop may from time to time reasonably require in order to vest in and secure to TsogaShop the full benefit of rights and benefits to be transferred or granted to TsogaShop under these Terms and Conditions and for the protection and enforcement of the same and otherwise to give full effect to the terms of these Terms and Conditions.

6. Nothing in these Terms and Conditions shall create or be deemed to create a partnership, joint venture or principal-agent relationship between the parties and no party shall have authority to bind any other in any way unless expressly provided otherwise in these Terms and Conditions.

7. TsogaShop shall not be in breach of these Terms and Conditions nor liable for delay in performing, or failure to perform, any of its obligations if such delay or failure results from events, circumstances or causes beyond its reasonable control including (without limitation) any telecommunications network failures, power failures, failures in third party computer hardware or software, fire, lightning, explosion, flood, severe weather, industrial disputes or lock-outs, terrorist activity and acts of government or other competent authorities. In such circumstances the time for performance shall be extended by a period equivalent to the period during which performance of the obligation has been delayed or failed to be performed.

8. TsogaShop may assign, transfer, charge, sub-license or deal in any other manner with these Terms and Conditions, or sub-contract any of its rights and obligations under these Terms and Conditions, to any party including any company within the TsogaShop group.

9. Any notice to be given under these Terms and Conditions must be in writing, in English and may be served by hand delivery, first class post, recorded delivery or registered post or airmail, email or fax to: (a) in the case of TsogaShop , the address of the relevant TsogaShop company as set out at the beginning of these Terms and Conditions or as displayed on the Website; and (b) in respect of notices given by TsogaShop to you, pursuant to the customer registration procedure (including any amendment to those details you have notified to TsogaShop ). Any notice shall be deemed to have been received: (a) if delivered by hand, at the time of delivery; (b) if sent by recorded delivery or registered post, at 09.30 (GMT) on the second clear day after the date of posting; (c) if sent by pre-paid registered airmail, at 09.30 (GMT) on the fifth clear day after the date of posting; (d) if sent by email, at the time of sending; and (e) if sent by fax, at the time of transmission by the sender.

10. The Appendices, the Privacy Policy, the Cookies Policy, the Rules and any document expressly referred to in them and any guidelines or rules posted on the Website form an integral part of these Terms and Conditions and shall have effect as if set out in full in the body of these Terms and Conditions. In the event of any inconsistency between the main body of these Terms and Conditions and the Appendices, the Privacy Policy, the Cookies Policy, the Rules and/or any document expressly referred to in them and any guidelines or rules posted on the Website, unless stated otherwise, the main body shall prevail.