Terms of Service
AGREEMENT OVERVIEW
This website (the "Website") is operated by FAB AUTO PARTS (referred to herein as the "Company," "we," "us," or "our"). The Company provides this Website, including all information, tools, and services available herein, to you, the user (the "User"), conditioned upon your full acceptance of all terms, conditions, policies, and notices stated in this document.
By accessing or utilizing any part of our Website, or by purchasing products or services from us, you engage in our "Service" and agree to be legally bound by the following terms and conditions ("Terms of Service" or "Terms"), inclusive of any additional terms, conditions, and policies1 referenced herein or accessible via hyperlink. These Terms of Service apply universally to all users of the Website, including, but not limited to, browsers, vendors, customers, merchants, and contributors of content.
We strongly advise you to read these Terms of Service thoroughly prior to accessing or using our Website. Your access to or use of any portion of the Website constitutes your binding agreement to these Terms of Service. If you do not agree to all terms and conditions outlined in this agreement, you are prohibited from accessing the Website or utilizing any Services offered. Should these Terms of Service be legally construed as an offer, your acceptance is expressly limited to these specific Terms.
Any new features, tools, or resources added to the current online store shall automatically be subject to these Terms of Service. The most current version of the Terms of Service can be reviewed at any time on this page. The Company reserves the exclusive right to update, modify, or replace any part of these Terms of Service by posting such updates and/or changes directly to our Website. It is the User's sole responsibility to periodically review this page for modifications. Your continued use of or access to the Website following the posting of any changes constitutes your binding acceptance of those changes.
Our e-commerce store is hosted by Shopify Inc., which provides the online platform enabling us to offer our products and services to you.
SECTION 1 - ONLINE STORE TERMS AND USER ELIGIBILITY
By agreeing to these Terms of Service, you represent and warrant that you are at least the age of legal majority in your state or province of residence. Alternatively, if you are the age of majority, you represent that you have provided us with verifiable consent to permit any of your minor dependents to use this Website under your supervision and responsibility.
You are strictly prohibited from using our products for any illegal or unauthorized purpose. Furthermore, in using the Service, you must not violate any applicable laws within your jurisdiction, including, without limitation, copyright laws.
You must not transmit any worms, viruses, or any code of a destructive or malicious nature through the Website or Service.
Any breach or violation of these Terms will result in the immediate termination of your access to our Services without notice.
SECTION 2 - GENERAL CONDITIONS OF SERVICE
We reserve the right to refuse service to any individual or entity for any reason, at our sole discretion, at any time.
You acknowledge and understand that your content (excluding credit card information) may be transferred unencrypted and may involve (a) transmissions across various networks; and (b) modifications to conform and adapt to the technical requirements of connecting networks or devices. Credit card information will always be encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, the use of the Service, access to the Service, or any contact information on the Website through which the Service is provided, without express prior written permission from the Company.
The headings used within this agreement are included solely for convenience and will not limit or otherwise affect the interpretation or enforceability of these Terms.
SECTION 3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
The Company is not responsible if information made available on this Website is not accurate, complete, or current. The material provided on this Website is intended for general informational purposes only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material2 presented on this Website is undertaken strictly at your own risk.
This Website may contain certain historical information. Historical information, by its nature, is not current and is provided for your reference purposes only. We reserve the right to modify the contents of this Website at any time, but we have no obligation to update any information herein. You agree that it is your responsibility to monitor changes to our Website.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without prior notice.
We reserve the right, at any time and without notice, to modify or discontinue the Service (or any part or content thereof).
The Company shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES3 (if applicable)
Certain products or services may be available exclusively online through the Website. These products4 or services may have limited quantities and are subject to return or exchange only in accordance with our separate Return Policy.
We have made reasonable efforts to display the colors and images of our products as accurately as possible on the store. However, we cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products5 or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products6 or product pricing are subject to change at any time without notice, at the sole discretion7 of the Company. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this Website is void where prohibited by law.
We do not warrant that the quality of any products, services, information, or other materials purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may,8 in our sole discretion, limit or cancel quantities purchased per person, per household, or per order.9 Such restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders utilizing the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the10 email address and/or billing address/phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made11 at our store. You agree to promptly update your account and other information, including your email address,12 credit card numbers, and expiration dates, to enable us to complete your transactions and contact you as necessary.
For further details, please review our Returns Policy.
SECTION 7 - OPTIONAL THIRD-PARTY TOOLS
We may provide you with access to third-party tools over which we exercise no monitoring, control, or input.
You acknowledge and agree that we provide access to such tools on an "as is" and "as available" basis, without any warranties, representations, or conditions of any kind, and without any endorsement. The Company shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the Website is entirely at your own risk and discretion. You should ensure that you are familiar with and approve of the terms on which such tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the Website (including the release of new tools and13 resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products, and services available via our Service may include materials14 sourced from third parties.
Third-party links on this Website may direct you to external websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of, and we do not warrant and will not assume any liability or responsibility for, any third-party materials or websites, or for any other materials, products, or services offered by third parties.
We shall not be liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions conducted in connection with any third-party websites. Please carefully review the third party's policies and practices and ensure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed solely to the relevant third party.
SECTION 9 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If, at our request, you submit specific entries (e.g., contest entries), or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online,15 by email, postal mail, or otherwise (collectively, "Comments"), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise16 utilize in any medium any Comments that you forward to us. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to17 provide compensation for any Comments; or (3) to respond to any Comments.
We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion18 to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party’s intellectual property rights or these Terms of Service.
You represent and warrant that your Comments will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary19 rights. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive, or obscene material, nor contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email20 address, impersonate any person or entity, or otherwise mislead us or third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy.21 The Company assumes no responsibility and accepts no liability for any Comments posted by you or any third party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our22 separate Privacy Policy. Please review our Privacy Policy for details.
SECTION 11 - ERRORS, INACCURACIES, AND OMISSIONS
Occasionally, information on our Website or within the Service may contain 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 or update information23 or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your24 order).
We undertake no obligation to update, amend, or clarify information in the Service or on any related25 website, including, without limitation, pricing information, except as required by applicable law. No specified update or refresh date applied in the Service or on any related website should be interpreted as indicating that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in26 these Terms of Service, you are expressly prohibited from using the Website 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;27 (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,28 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 that29 impacts the functionality or operation of the Service, any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) for spamming, phishing, pharming, pretexting, spidering, crawling, or scraping; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service, 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.30
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent, or warrant that your use of our31 Service will be uninterrupted, timely, secure, or error-free.
We do not warrant that the results obtained from the use of the Service will be accurate or reliable.
You agree that from time to time, we may remove the Service for indefinite periods or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us)32 provided "as is" and "as available" for your use, without any representations, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.33
In no case shall FAB AUTO PARTS, 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 damages34 of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages,35 whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility.36 Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.37
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend,38 and hold harmless FAB AUTO PARTS and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees,39 from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising40 out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.41
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable,42 such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law.43 The unenforceable portion shall be deemed severed from these Terms of Service, and such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the44 termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time45 by notifying us that you no longer wish to use our Services, or when you cease using our Website.
If, in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may also terminate this agreement at any time without notice. You will remain liable for all amounts due up to and including the date of termination; and/or accordingly, we may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of the Company to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These46 Terms of Service, together with any policies or operating rules posted by us on this Website or in respect to the Service, constitute the entire agreement and understanding between you and the Company and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and47 us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.48
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by49 and construed in accordance with50 the laws applicable at 9 Kathor Road, Isipingo, Durban, KwaZulu-Natal ZA 4133.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our Website. It is your responsibility to check our Website periodically for changes. Your continued use of or access to our Website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.51
SECTION 20 - CONTACT INFORMATION
Questions regarding these Terms of Service should be directed to us at: fabautoparts833@gmail.com