This website can be accessed at www.forfoxsake.co.za, related mobi-sites and software applications (the “Website”) and is owned and operated by The Fig Company Pty Ltd t/a FIG Media Proprietary Limited (“The Fig Company Pty Ltd t/a FIG Media”, “we”, “us”, and “our”).
These Website Terms and Conditions (“Terms and Conditions”) govern the ordering, sale, and delivery of Goods, and the use of the Website.
These Terms and Conditions are binding and enforceable against every person that accesses or uses this Website (“you”, “your” or “user”), including without limitation each user who registers as contemplated below (“registered user”). By using the Website and by clicking on the “Register Now” button on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.
The Website enables you to shop online for an extensive range of goods including sports, home and kitchenware, baby and toddler products, electronics, health and beauty products, movies and TV, gaming, books, music, toys, pet supplies, and more (“Goods”).

Important Notice
These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).
These Terms and Conditions contain provisions that:
– May limit the risk or liability of The Fig Company Pty Ltd t/a FIG Media or a third party; and/or
– May create risk or liability for the user; and/or
– May compel the user to indemnify The Fig Company Pty Ltd t/a FIG Media or a third party; and/or
– Serves as an acknowledgement, by the user, of a fact.
Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.
If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask The Fig Company Pty Ltd t/a FIG Media to explain it to you before you accept the Terms and Conditions or continue using the Website.
Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit, or avoid any right or obligation, as the case may be, created for either you or The Fig Company Pty Ltd t/a FIG Media in terms of the CPA.
The Fig Company Pty Ltd t/a FIG Media permits the use of this Website subject to the Terms and Conditions. By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to the Terms and Conditions.

Returns
Please refer to our Returns Policy for more information about returning products (and related refunds, replacements, or repairs). The Returns Policy is incorporated by reference (which means that it forms part of these Terms and Conditions).

Registration and Use of the Website
Only registered users may order Goods on the Website.
To register as a user, you must provide a unique username or email address and password and provide certain information and personal details to The Fig Company Pty Ltd t/a FIG Media. You will need to use your unique username and password to access the Website in order to purchase Goods.
You agree and warrant that your username and password shall:
– Be used for personal use only; and
– Not be disclosed by you to any third party.
For security purposes, you agree to enter the correct username and password whenever ordering Goods, failing which you will be denied access.
You agree that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorized or fraudulent, you will be liable for payment of such order, save where the order is canceled by you in accordance with these Terms and Conditions.

 
You agree to notify The Fig Company Pty Ltd t/a FIG Media immediately upon becoming aware of or reasonably suspecting any unauthorized access to or use of your username and password and to take steps to mitigate any resultant loss or harm.
By using the Website, you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.
You agree that you will not in any way use any device, software, or other instrument to interfere or attempt to interfere with the proper working of the

Website. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute, or modify the Website or the information contained herein, without the prior written consent from an authorized The Fig Company Pty Ltd t/a FIG Media representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).
You may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech, or is otherwise unlawful.
You may not in any way display, publish, copy, print, post, or otherwise use the Website and/or the information contained therein without the express prior written consent of an authorized The Fig Company Pty Ltd t/a FIG Media representative.

Payment
We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
Whether the Goods are for sale by The Fig Company Pty Ltd t/a FIG Media or a Third Party Seller, payment may be made for Goods via the following methods (depending on its availability and/or your eligibility to use such a method):
– Debit card; where payment is made by debit card, we may require additional information in order to authorize and/or verify the validity of payment. In such cases, we are entitled to withhold delivery until such time as the additional information is received by us and authorization is obtained by us for the amounts. If we do not receive authorization, your order for the Goods will be canceled. You warrant that you are fully authorized to use the debit card supplied for purposes of paying the Goods. You also warrant that your debit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website;
– Credit card: where payment is made by credit card, we may require additional information in order to authorize and/or verify the validity of payment. In such cases, we are entitled to withhold delivery until such time as the additional information is received by us and authorization is obtained by us for the amounts. If we do not receive authorization, your order for the Goods will be canceled. You warrant that you are fully authorized to use the credit card supplied for purposes of paying the Goods. You also warrant that your credit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website;
– Direct bank deposit or electronic funds transfer: if you pay via direct bank deposit or electronic funds transfer, payment must be made within 5 (five) days of placing your order. The Fig Company Pty Ltd t/a FIG Media will not accept your order if payment has not been received;
– Instant EFT;
– Cash on delivery (except where any of our exclusions apply, as listed in our Help Centre); by selecting this option, you undertake to ensure that you have the exact cash on hand at the time of delivery.
– MasterPass;
Once you have selected your payment method (save for cash on delivery or direct bank deposit), you will be directed to a link to a secure site for payment of the applicable purchase price for the Goods.

Errors
We shall take all reasonable efforts to accurately reflect the description, availability, purchase price, and delivery charges of Goods on the Website. However, should there be any errors of whatsoever nature on the Website (which are not due to our gross negligence), we shall not be liable for any loss, claim, or expense relating to a transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid, or otherwise as set out in the Returns Policy.

The Fig Company Pty Ltd t/a FIG Media shall not be bound by any incorrect information regarding our Goods displayed on any third-party websites.

Privacy Policy
We respect your privacy and will take all reasonable measures to protect it, as more fully detailed in our Privacy Policy, which is incorporated by reference.

Changes to these Terms and Conditions
The Fig Company Pty Ltd t/a FIG Media may, in its sole discretion, change any of these Terms and Conditions at any time. It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes. Should you not be satisfied, you must not place any further orders on, or in any other way use, the Website.
Any such change will only apply to your use of this Website after the change is displayed on the Website. If you use the Website after such amended Terms and Conditions have been displayed on the Website, you will be deemed to have accepted such changes.

Electronic Communications
When you visit the Website or send emails to us, you consent to receiving communications from us or any of our divisions, affiliates, or partners electronically in accordance with our privacy policy as set out above.

Ownership and Copyright
The contents of the Website, including any material, information, data, software, icons, text, graphics, layouts, images, sound clips, advertisements, video clips, trade names, logos, trademarks, designs, and service marks which are displayed on or incorporated in this Website (“Website Content”) are protected by law, including but not limited to copyright and trademark law. The Website Content is the property of The Fig Company Pty Ltd t/a FIG Media, its advertisers and/or sponsors and/or is licensed to The Fig Company Pty Ltd t/a FIG Media.
You will not acquire any right, title, or interest in or to the Website or the Website Content.
Any use, distribution, or reproduction of the Website Content is prohibited unless expressly authorized in terms of these Terms and Conditions or otherwise provided for in law.
Where any of the Website Content has been licensed to The Fig Company Pty Ltd t/a FIG Media or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third-party terms and conditions.

Disclaimer
The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from the use of the Website or reliance on any information on the Website.
Whilst The Fig Company Pty Ltd t/a FIG Media takes reasonable measures to ensure that the content of the Website is accurate and complete, The Fig Company Pty Ltd t/a FIG Media makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability, or functionality of the Website or as to the accuracy, completeness, or reliability of any information on the Website. If any such representations or warranties are made by The Fig Company Pty Ltd t/a FIG Media’s representatives, The Fig Company Pty Ltd t/a FIG Media shall not be bound thereby.
The Fig Company Pty Ltd t/a FIG Media disclaims liability for any damage, loss, or expenses, whether direct, indirect, or consequential in nature, arising out of or in connection with your access to or use of the Website and/or any content therein unless otherwise provided by law.
Although Goods sold from the Website may, under certain specifically defined circumstances, be under warranty, the Website itself and all information provided on the Website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.
Any views or statements made or expressed on the Website are not necessarily the views of The Fig Company Pty Ltd t/a FIG Media, its directors, employees, and/or agents.
In addition to the disclaimers contained elsewhere in these Terms and Conditions, The Fig Company Pty Ltd t/a FIG Media also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials, or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardize or otherwise impede in any manner the operation, stability, security functionality, or content of your computer system, computer network, hardware, or software in any way. You accept all risk associated with the existence of such viruses, destructive materials, or any other data or code which is able to corrupt, compromise, jeopardize, disrupt, disable, harm, or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or willful

misconduct of The Fig Company Pty Ltd t/a FIG Media, its employees, agents, or authorized representatives. The Fig Company Pty Ltd t/a FIG Media thus disclaims all liability for any damage, loss, or liability of any nature whatsoever arising out of or in connection with your access to or use of the Website.

Limitation of Liability
The Fig Company Pty Ltd t/a FIG Media cannot be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website, save where such liability arises from the gross negligence or willful misconduct of The Fig Company Pty Ltd t/a FIG Media, its employees, agents, or authorized representatives. You are encouraged to contact us to report any possible malfunctions or errors.
The Fig Company Pty Ltd t/a FIG Media SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL LOSS OR DAMAGES WHICH MIGHT ARISE FROM YOUR USE OF, OR RELIANCE UPON, THE WEBSITE OR THE CONTENT CONTAINED IN THE WEBSITE; OR YOUR INABILITY TO USE THE WEBSITE, AND/OR UNLAWFUL ACTIVITY ON THE WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.
YOU HEREBY INDEMNIFY The Fig Company Pty Ltd t/a FIG Media AGAINST ANY LOSS, CLAIM, OR DAMAGE WHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD PARTY ARISING IN ANY WAY FROM YOUR USE OF THIS WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.

Availability and Termination
We will use reasonable endeavors to maintain the availability of the Website, except during scheduled maintenance periods, and are entitled to discontinue providing the Website or any part thereof with or without notice to you.
The Fig Company Pty Ltd t/a FIG Media may, in its sole discretion, terminate, suspend, and modify this Website, with or without notice to you. You agree that The Fig Company Pty Ltd t/a FIG Media will not be liable to you in the event that it chooses to suspend, modify, or terminate this Website other than for processing any orders made by you prior to such time, to the extent possible.
If you fail to comply with your obligations under these Terms and Conditions, including any incident involving payment of the price of an order for any Goods, this may (in our sole discretion with or without notice to you) lead to a suspension and/or termination of your access to the Website without any prejudice to any claims for damages or otherwise that we may have against you.
The Fig Company Pty Ltd t/a FIG Media is entitled, for purposes of preventing suspected fraud and/or where it suspects that you are abusing the Website and/or have created multiple user profiles to take advantage of a promotion or Coupon intended by The Fig Company Pty Ltd t/a FIG Media to be used once-off by you, to blacklist you on its database (including suspending or terminating your access to the Website), refuse to accept or process payment on any order, and/or to cancel any order concluded between you and The Fig Company Pty Ltd t/a FIG Media, in whole or in part, on notice to you. The Fig Company Pty Ltd t/a FIG Media shall only be liable to refund monies already paid by you (see The Fig Company Pty Ltd t/a FIG Media’s Returns Policy in this regard), and accepts no other liability which may arise as a result of such blacklisting and/or refusal to process any order.
At any time, you can choose to stop using the Website, with or without notice to The Fig Company Pty Ltd t/a FIG Media.

Governing Law and Jurisdiction
These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications, or the like instituted by either party against the other, arising from any of these Terms and Conditions.
In the event of any dispute arising between you and The Fig Company Pty Ltd t/a FIG Media, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Western Cape Division, Cape Town) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
Nothing in this clause or the Terms and Conditions limits your right to approach any court, tribunal, or forum of competent jurisdiction in terms of the CPA.

Notices
The Fig Company Pty Ltd t/a FIG Media hereby selects 15 School Road, Morningside, 2169, as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions (“legal address”). The Fig Company Pty Ltd t/a FIG Media may change this address from time to time by updating these Terms and Conditions.
You hereby select the delivery address specified with your order as your legal address, but you may change it to any other physical address by giving The Fig Company Pty

Ltd t/a FIG Media not less than 7 days’ notice in writing.
Notices must be sent either by hand, prepaid registered post, telefax, or email and must be in English. All notices sent:
– By hand will be deemed to have been received on the date of delivery;
– By prepaid registered post, will be deemed to have been received 10 days after the date of posting;
– By telefax before 16h30 on a business day will be deemed to have been received, on the date of successful transmission of the telefax. All telefaxes sent after 16h30 or on a day which is not a business day will be deemed to have been received on the following business day; and
– By email will be deemed to have been on the date indicated in the “Read Receipt” notification. ALL EMAIL COMMUNICATIONS BETWEEN YOU AND US MUST MAKE USE OF THE “READ RECEIPT” FUNCTION to serve as proof that an email has been received.

Complaints
If you have a complaint about the goods or services provided by us or require information regarding our internal complaints-handling process, please get in touch with us via email at info@figmedia.co.za or you can contact us on 0747345834.
If we are unable to resolve your complaint to your satisfaction or we cannot resolve your complaint within 15 (fifteen) business days of you having notified us of it, you can approach the Consumer Goods and Services Ombud (“CGSO”) to assist in resolving the complaint. The CGSO’s contact details are: Website: http://www.cgso.org.za/ Sharecall: 0860 000 272 Email: complaints@cgso.org.za

General
The Fig Company Pty Ltd t/a FIG Media may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the Website or the user’s right to use the Website or any of its contents subject to us processing any orders then already made by you.
You may not cede, assign, or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.
Any failure on the part of you or The Fig Company Pty Ltd t/a FIG Media to enforce any right in terms hereof shall not constitute a waiver of that right.
If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.

 
No indulgence, extension of time, relaxation, or latitude which any party (the “grantor”) may show, grant, or allow to the other (the “grantee”) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.
These Terms and Conditions contain the whole agreement between you and The Fig Company Pty Ltd t/a FIG Media and no other warranty or undertaking is valid, unless contained in this document between the parties.