These terms and conditions set out the basis on which you are allowed to use our website, acquire our products and / or subscribe to and use our services, and constitute the terms of our agreement with you, which will arise if you continue to use this website or order any of our products or subscribe to any of our services.

Important Notice

PLEASE READ OUR TERMS AND CONDITIONS OF USE OF OUR WEBSITE, THE PURCHASE AND ACQUIRING OF OUR PRODUCTS AND / OR THE SUBSRIBTION TO AND USE OUR SERVICES

(A) We are FOCAL POINT INVESTMENTS (PTY) LTD, based in South Africa and trading as FOCAL POINT (“we/us/our”). We are a private company incorporated in accordance with the laws of the Republic of South Africa with registration number 2003/009798/07. We are VAT registered, with VAT registration number 4730 2139 09.

(B) Your use of https://impimpi.app or via any Smartphone Applications or our software (“the website”) will be subject to the then current version of these terms and conditions published on our web site at https://impimpi.app/terms-and-conditions at the time of your use.

(C) Our terms contain specific provisions to limit our liability, allocate risk or liability to you or constitute acknowledgement of facts by you. These terms have been highlighted in bold and need special attention as they limit your ability to recover losses that you may incur in connection with your use of our website and / or our products and / or our services.

(D) You must be 18 years or older to be bound by the terms and conditions of the website prior to you using and / or purchasing any of our products and / or services.

(E) We may change these terms and conditions from time to time and such changes will take effect as and when published. Therefore, you should read these terms and conditions at all times prior to using our website and / or purchasing products and / or using our services as the then current version of the terms and conditions will apply to your use, our products and our services. 

(F) Your use of this website and / or the purchase of our products and / or the subscription to or the use of our services, constitutes acceptance of these terms and conditions, which govern your relationship and any transaction with us. If you do not agree to these terms and conditions, please do not use this website and / or order any of our products and / or subscribe to or and / or use our services.

(G) The term “you” refers to the purchaser of our products, user and / or viewer of our website and the term “product(s)” refers to the products and / or software we sell, advertise, promote and market. The term “software” refers to any cell phone / mobile phone or PC or Laptop software that we sell, advertise, promote and market. 

(H) Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

(I) Your use of any information or materials on this website and / or our products and or / our services is entirely at your own risk, for which we, nor our supplier and / or our manufacturer shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

(J) Unauthorized use of this website and / or our products may give to a claim for damages and/or be a criminal offence.

(K) We reserve the right, without notice and in our sole and absolute discretion, to make changes to any parts of our website and / or computer systems. We specifically reserve the right at any time to change or discontinue without notice, the availability and / or price and / or any aspect and/or feature of our products and / or services.  We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of any of our products and / or services.

1. Ordering and payment

1.1 The supply of products and / or services offered depends solely on the availability of such ordered products and / or services.

1.2 The information you submit with an order will be processed “as is” and should any information on the order be incorrect, you must contact us immediately.

1.3 You are responsible for keeping usernames and passwords for the website and your devices on which any software is downloaded secure. We are not responsible for any losses you might incur due to your password being misused by a third party. You will be personally liable for all and any transactions concluded on your account.

1.4 Payment will be required before the shipping of ordered products and / or services and is due within 48 hours of placement of order. If payment of the price or any part thereof is not made by the due time, we shall be entitled to cancel the order without notice to you and without incurring any liability for non-delivery or any delay in delivery.

1.5 We accept PayFast as a form of payment.  The order will not be accepted until the funds have cleared in our bank account. Current billing address, delivery address and phone information must be included with every order.

1.6 You hereby warrant that you are duly authorised to make payments from the account as provided to us and you hereby authorise us to pay all amounts to be refunded, if any into the same account.

1.7 Ownership of all orders remains vested in us until payment is made in full and the same is delivered to you.

1.8 Once we received payment and as soon as the order is processed, you will receive an invoice for your order. As availability of the product ordered might change during your transaction, the invoice to you, should not be confused with the order receipt or order acceptance acknowledgment – these are automatic and are sent by our system prior to invoicing. 

1.9 The reselling and / or distribution of our products and / or services, is strictly prohibited. Should we suspect that any of our products and / or services are being purchased for sale, we are entitled to cancel your order immediately without notice to you.

2.Prices

2.1 Prices are inclusive of VAT but exclude delivery charges and any other applicable costs.

2.2 Prices for our products and / or services, are subject to change without notice.

2.3 We reserve the right to correct any pricing errors or other errors on our website, to limit the order quantity for any item, and to refuse service to any customer.

3. Shipping and Delivery

3.1All orders are delivered to you by the use of a third-party courier.

3.2 Our delivery charges are subject to change at any time, without prior notice to you.  You will see the applicable delivery charges on your order when you check out.

3.3 Upon acceptance of your order and receiving full payment thereof, we will deliver your order to you as soon as reasonably possible, but no later than 5 days of receipt of your payment. We will notify you if we are unable to deliver the order during this period.  This is only applicable if there are products in stock.

3.4 Our obligation to deliver an order to you is fulfilled when we deliver the order to the physical address nominated by you for delivery of the order. We are not responsible for any loss or unauthorised use of a product, after delivery to the physical address nominated by you.

4.Errors

4.1 We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of products and / or services 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 below.

4.2 We shall not be bound by any incorrect information regarding our products and / or services displayed on any third-party websites.

5. Warranty & Return Policy

5.1 Although our products and / or services, 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.

5.2 Our products are manufactured in South Africa and carries the manufacturer’s warranty of 1 year from purchase. We do not carry any warranty.

5.3 All faulty products must be returned within 7 (seven) days from date of delivery, failing which it shall be deemed, to be in full working order.

5.4 In the event that any product being defective, you shall be entitled to, upon the return thereof receive an exchange / replacement without any additional charge, on the condition that such defective product is still within the warranty period. For the avoidance of doubt, all costs for transport for returning the defective product and the costs of transport for the replacement product still under warranty, are for your account.

6. Links to other websites

From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s). Your use of this website and any dispute arising out of such use of the website is subject to the laws of South Africa.

7. Cancellation of Orders and Refunds

7.1Prior to delivery of your order, you may by written notification to us, cancel an order at any time provided you do so before receiving a dispatch or delivery notice. After delivery or your order, you may return the purchased order only in accordance with the Returns Policy below.

7.2 On receipt of the cancellation notice we will refund you for the value of the order.

7.3 If your order has shipped, prior to your cancellation notice or if your order has been shipped and you refuse to take receipt of the delivery, you will be held responsible for the cost of shipping in both directions and a reasonable cancellation charge of 10% of your order.

7.4 You will be liable for any bank charges relating to a refund.

8. Our Products and Services

8.1 The Impimpi Mk1 (“the Impimpi) is a device that communicates directly with your smartphone via anapplication that you are required to download and register on.

8.2 The price of the Impimpi includes a reasonable amount of data (which data is non-transferable to another device and which data is not rolling over to the next month if unused) for a period of 12 months, which is divided pro rata over the 12-month period.

8.3 Should you exceed the reasonable monthly usage of your data, we and / or our third-party service provider will be entitled to suspend the services until such time that you have purchased additional data for the use of the services.

8.4 We, nor any third-party service provider can guarantee continuous, uninterrupted or fully operational use of mobile systems and / or our services. We will not be liable for any delay or failure in the running of the services, or the working of the mobile systems, where such failure is due to factors beyond our control.  We, nor any third-party service provider will be liable for any damages suffered by you as a result of such interrupted or non-operational use and / or the suspension of the services due to your reasonable monthly data being depleted.

8.5 After the 12-month period, you are entitled to subscribe for a further period of 1 year.

8.6Should you wish to cancel the services during the 12-month period, please note that no refund will be due to you and only once written notification of such cancellation is received will the services be deactivated and by no later than 7 days after such written notification.

8.7 The Impimpi is not intended to be used as a constant tracking device nor for any unlawful or unethical conduct.

8.8You are to ensure that you read the disclaimer prior to purchasing the Impimpi or installing it and / or the relevant software. The disclaimer is provided as a sole document as well as a part of license agreement for the Impimpi.

8.9We strongly suggest that the installation of the Impimpi be attended to by an authorised Impimpi installer (the details of which are available on our website), however should you wish to install the Impimpi yourself, you do so entirely at your own risk and we implore on you to follow the manual provided with the Impimpi carefully.  All and any installations conducted by yourself will be entirely at your own risk and you hereby indemnify us against all and any damages of whatsoever nature suffered as a result thereof.  For the avoidance of doubt, all and any installations conducted by an authorised Impimpi installer are also entirely at your own risk and you hereby indemnify us against all and any damages of whatsoever nature suffered as a result thereof.

8.10We and/ or the people involved in creating and / or manufacturing our products and/ or software will never be liable for any loss of profit, physical or psychological damage, legal problems (including but not limited to being arrested and prosecuted). By purchasing, using our products and/or downloading and installing the software, you signify that you have read and accepted our product disclaimer and the software license agreement and the disclaimer. We disclaim any responsibility for any action of final users. It is the final user’s responsibility to obey all applicable government and legal laws.

8.11In some areas it may be a legal offense or crime to install our products and/ or software onto a third party’s property and/ or phone, without the owner’s awareness and consent. We do not condone the use of our products and / or software for any illegal purposes. By purchasing, download or using our products, software and services in any way, form or fashion, you acknowledge and approve the following:

8.11.1you represent that the product and/or software(s) will be used exclusively in a lawful manner. If you’re in doubt as to the legality of your planned usage we require you consult with a registered attorney for the jurisdiction where you intend to use the product and/ software(s); and

8.11.2 you acknowledge you own the property and/ or mobile phone you will install the product and/or software(s) on, or have consent from the owner to administrate the device and install product and or/ software onto it.

8.12 We will never release any of your private information or account data for any reason whatsoever, except under threat of legal action or court order. If you use our products and/ or software(s) to commit a crime and a warrant or subpoena for records is issued by court order as part of an ongoing investigation, we are legally bound to comply. This may include the release of purchase information or other customer data as ordered by a judge or court of law.

8.13You acknowledge that you are solely responsible for how you use the products and/ or software and for complying with all relevant laws. You also acknowledge that neither us, nor any of our suppliers, service providers, agents, affiliates, directors, employees & associates may be held liable, responsible or accountable for any type of damage, litigation or other legal action, which may arise either from your legal or illegal use of our products and/ or software, websites, or any other software & under no circumstances will you be eligible for any form of compensation from the aforementioned.

8.14 Our services and our software in general can be used for malicious purposes. Software products created and distributed by us are not intended but can be used for intruding third party privacy matters.

8.15Before using any of our products and / or services, you must understand that under some circumstances and under certain legal conditions your use\misuse of our products and / or services can lead you to a court (a legal action can be taken against you).You must understand that if your actions be classified as unlawful, you will be the only person responsible for this. We nor our suppliers, service providers, agents, affiliates, directors, employees & associates will ever take responsibility for any action of final users.

8.16 By purchasing the Impimpi and uploading the software, you agree to all our terms and conditions contained herein.

9. Disclaimer

9.1 The use of the website and / or our products and / or service, are entirely at your own risk and you assume full responsibility for any risk or loss resulting from use thereof or reliance on any information on the website and / or our products and / or our services.

9.2 Whilst we take reasonable measures to ensure that the content of the website is accurate and complete, we make 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 any of our representatives, we shall not be bound thereby.

9.3 In addition to the disclaimers contained elsewhere in these terms and conditions, we also make 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, jeopardise 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, jeopardise, 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 our gross negligence or wilful misconduct, our employees, agents or authorised representatives. We thus disclaim all liability for any damage, loss or liability of any nature whatsoever arising out of or in in connection with your access to or use of the website.

9.4 Our products and / or services are provided subject to applicable law and consumer protection legislation, but are otherwise provided without any additional warranty (other than the warranty supplied by the manufacturer), and not subject to any condition (express or implied), except as specifically stated on the website.

9.2We undertake to use reasonable endeavours to maintain the operation of the website and /or our products and / or our services, however we cannot guarantee continuous, uninterrupted or secure access to the service and operation of the website and mobile systems. We will not be liable for any delay or failure in the running of the services, or the working of the website and / or mobile systems, where such failure is due to factors beyond our control.

9.3 We will not be held liable for any indirect, special or consequential losses of any kind whatsoever arising from, or in connection with any product and / or services (whether in contract, statute or delict).

9.5 The use of our products may be hazardous to the health or safety of the installer and / or user and / or their property. You install and / or use our products and or / or services at your own risk and we are not responsible for any damages of whatsoever nature suffered as a result thereof.

 9.6We attempt to ensure that the manual, installation process and product specifications that appears on the website and / or on our products are displayed and described completely and accurately, however we do not warrant the same and disclaim to the maximum extent permitted by applicable law and liability arising from any omission and inaccuracies pertaining to such display and description save to the extent that such liability is caused by our gross negligence or fraud.

9.8We will be excused from a failure to perform or delay in performance of our obligations hereunder if and to the extent that circumstances beyond our reasonable control or delays such performance.

10. Privacy policy

We undertake to take all due care with any information provided by you when accessing the website, however we cannot guarantee the security of any information which you may provide. The information provided by you is provided at you own risk.  All compliance with privacy legislation is set out in our privacy policy, which is available on the website.

11. Restricted Activities

11.1We prohibit the following uses, and should it be found, at our sole discretion that you have created your account and / or purchased any products and / or services for any of the following, your account will be closed without notice:

11.1.1 any illegal purpose, or in violation of any local, provincial, national, or international law, including, without limitation, laws governing intellectual property, taxation and other proprietary rights and data protection and privacy;

1. to defame, harass, abuse, threaten or defraud others, or collect, or attempt to collect, personal information about users, registered recipients, or third parties, without their consent; and

1. if you are under the age of 18.

1. You may not access or use our website and / or computer and / or products and / or services for any purpose other than for utilizing the products and / or services offered via such systems in the normal manner. You may not use or access our website and / or products and / or services in a manner that would bring us, our business and/or any of our affiliates (including but not limited to our suppliers and / manufacturers of our products) into disrepute. Furthermore, you may not access or use our website and / or products and / or services and / or mobile systems for unlawful purposes or use it in a manner which infringes our rights or the rights of any other person or restricts.

12. Complaints and After Sales Assistance

We aim to provide you with quality services. If, however, you feel that you have cause to complain or if you require any after sales assistance, you can email is at info@impimpi.app

13. Availability and termination

13.1 We may in our sole discretion terminate, suspend and modify this website and / or services, with or without notice to you. You agree that we will not be liable to you in the event that we choose to suspend the website and / or services to you should you fail to comply with your obligations under these terms and conditions, without any prejudice to any claims for damages or otherwise we may have against you.

13.2 We are entitled, for purposes of preventing suspected fraud and/or where unlawful use of our products and / or services, refuse to accept or process payment on any order, and/or to cancel any order concluded between us and / or suspend or terminate your access to the website and / or our services.

14. Governing law and jurisdiction

14.1 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 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.

14.2 In the event of any dispute arising between you and us, 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 herein limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the Consumer Protection Act.

15. Notices

15.1 We hereby select 18 Pasture Street, Irene, Centurion,  as our address for the service of all formal notices and legal processes in connection with these terms and conditions (“legal address”).  We may change this address from time to time by updating these terms and conditions.

15.2 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 us not less than 7 days’ notice in writing.

15.3 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; 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.

16. General

16.1 These terms constitute the entire agreement between you and us in respect of the use of the website and our products and our services offered.

16.2 These terms of use shall override any contrary terms or conditions incorporated by you in your communications with us and any such conflicting terms or conditions will not form part of the agreement concluded between us.

16.3 Our failure to enforce any provision of this agreement strictly will not be construed as a waiver of any provision or right. In the event that a portion of this agreement is held unenforceable or invalid by any competent authority, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in force and effect to the fullest extent permitted by the law.

16.4 You may not subcontract, cede, delegate, transfer or assign any of your rights, obligations or duties hereunder to any other person without our prior written consent. We may cede, delegate, transfer and assign our rights, obligations and duties hereunder to any other person, without your prior written consent and without written notice to you.

17. Privacy Policy

17.1 We respect your privacy and will take reasonable measures to protect it, as more fully detailed below.

17.2 Should you decide to register as a user on the website and / or services, we may require you to provide us with personal information which includes but is not limited to –

your name and surname;

your email address;

your physical address;

your gender;

your mobile number; and

your date of birth.

17.3 Should your personal information change, please inform us and provide us with updates to your personal information as soon as reasonably possible to enable us to update your personal information.

17.4 You may choose to provide additional personal information to us, in which event you agree to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.

17.5 Subject to clause 17.6 below, we will not, without your express consent:

17.5.1 use your personal information for any purpose other than as set out below:

17.5.2 in relation to the ordering, sale and delivery of an order and / or in the provision of services;

17.5.3 to disclose your personal information to any third party other than as set out below:

17.5.3.1t o our employees and/or third party service providers who assist us to interact with you via our website, email or any other method, for the ordering of products and / or services or when delivering goods to you, and thus need to know your personal information in order to assist us to communicate with you properly and efficiently;

17.5.3.2 to law enforcement, government officials, fraud detection agencies or other third parties when we believe in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report or support the investigation into suspected illegal activity, or to investigate violations of these terms and conditions;

17.5.3.3 to our service providers (under contract with us) who help with parts of our business operations (fraud prevention, marketing, technology services etc). However, our contracts dictate that these service providers may only use your information in connection with the services they perform for us and not for their own benefit; and

17.5.3.4 to our suppliers in order for them to liaise directly with you regarding any faulty goods you have purchased which requires their involvement.

17.5.4 We are entitled to use or disclose your personal information if such use or disclosure is required in order to comply with any applicable law, subpoena, order of court or legal process served on us, or to protect and defend our rights or property.

17.5.5 We will ensure that all of our employees, third party service providers, divisions, affiliates and partners (including their employees and third-party service providers) having access to your personal information are bound by appropriate and legally binding confidentiality obligations in relation to your personal information.

17.6We will –

17.6.1 treat your personal information as strictly confidential, save where we are entitled to share it as set out in this policy;

17.6.2 take appropriate technical and organisational measures to ensure that your personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;

17.6.3 provide you with access to your personal information to view and/or update personal details;

17.6.4 promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information;

17.6.5provide you with reasonable evidence of our compliance with our obligations under this policy on reasonable notice and request; and

17.6.6 upon your request, promptly return or destroy any and all of your personal information in our possession or control, save for that which we are legally obliged to retain.

17.7 We will not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period.

17.8 We undertake never to sell or make your personal information available to any third party other than as provided for in this policy.

17.7 Whilst we will do all things reasonably necessary to protect your rights of privacy, we cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of your personal information, whilst in our possession, made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence.

17.9 If you disclose your personal information to a third party, such as an entity which operates a website linked to this website or any other device that you are linked to WE SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, HOWSOEVER ARISING, SUFFERED BY YOU AS A RESULT OF THE DISCLOSURE OF SUCH INFORMATION TO THE THIRD PARTY. This is because we do not regulate or control how that third party uses your personal information. You should always ensure that you read the privacy policy of any third party.

17.10 This website makes use of “cookies” to automatically collect information and data through the standard operation of the Internet servers. “Cookies” are small text files a website can use (and which we may use) to recognise repeat users, facilitate the user’s on-going access to and use of a website and allow a website to track usage behaviour and compile aggregate data that will allow the website operator to improve the functionality of the website and its content, and to display more focused advertising to a user by way of third party tools. The type of information collected by cookies is not used to personally identify you. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to deny or accept the cookie feature. Please note that cookies may be necessary to provide you with certain features available on our Website, and thus if you disable the cookies on your browser you may not be able to use those features, and your access to our Website will therefore be limited. If you do not disable “cookies”, you are deemed to consent to our use of any personal information collected using those cookies, subject to the provisions of this clause 17.