Terms of service
TERMS OF SERVICE
OVERVIEW
Welcome to DriveStack. The terms "we", "us", and "our" refer to DriveStack. DriveStack operates this store and website, including all related information, content, features, tools, products, and services, in order to provide you with a curated shopping experience (collectively, the "Services"). DriveStack is powered by Shopify, which provides the technology and infrastructure that enables us to provide the Services.
The following terms and conditions, together with any policies referenced in these Terms, constitute these Terms of Service ("Terms") and describe your rights and responsibilities when you use the Services.
Please read these Terms carefully before using our Services. They contain important information regarding your rights and responsibilities, including provisions concerning orders, payments, shipping, intellectual property, warranties, liability, and dispute resolution.
By accessing, browsing, interacting with, or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms or our Privacy Policy, you should not access or use the Services.
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SECTION 1 - ACCESS AND ACCOUNT
By using the Services, you represent that you are legally capable of entering into a binding agreement under applicable law. If you are under the age of majority, you may use the Services only with the involvement and consent of a parent or legal guardian where required by law.
To use certain features of the Services, including purchasing products, you may be required to provide information such as your name, email address, billing information, payment information, and shipping address.
You agree that the information you provide to DriveStack is accurate, current, and complete and that you have the right to provide such information.
You are responsible for maintaining the confidentiality of any account credentials you create and for activities carried out through your account. You must notify us promptly if you believe that your account or credentials have been accessed without authorization.
You may not sell, transfer, assign, or otherwise allow another person to use your account without our prior written permission.
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SECTION 2 - OUR PRODUCTS
We make reasonable efforts to ensure that product descriptions, images, specifications, and other information displayed through our Services are accurate and up to date.
However, colours, dimensions, textures, and other product characteristics may appear differently depending on your device, display settings, lighting, or other factors.
Product images may also be provided by manufacturers, suppliers, or other third parties and may not always represent every variation of a product exactly.
We do not guarantee that every product will appear exactly as displayed on your particular device. However, nothing in these Terms excludes or limits any rights or remedies you may have under applicable consumer protection or other applicable law.
Product descriptions, specifications, availability, and other information may be updated from time to time. We reserve the right to discontinue products or limit quantities where reasonably necessary, subject to applicable law and any rights you may have in relation to an order already accepted by DriveStack.
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SECTION 3 - ORDERS
When you place an order through our Store, you are submitting a request to purchase the selected products.
An order is subject to acceptance and availability. We reserve the right to decline or cancel an order where permitted by law, including where a product is unavailable, incorrectly priced, affected by a technical or listing error, or where we reasonably suspect fraudulent or unauthorized activity.
Where we cancel an order after payment has been received, we will provide any refund required by applicable law.
Once an order has been accepted, cancellation requests will be handled in accordance with our Refund and Returns Policy and applicable law.
We will provide order confirmation and other relevant communications using the contact information provided when you place your order.
Your purchases are subject to our Refund and Returns Policy, which forms part of these Terms.
You agree not to use the Services for unlawful resale, fraudulent transactions, or any other activity prohibited by these Terms or applicable law.
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SECTION 4 - PRICES AND BILLING
Prices, discounts, promotions, and product availability may change from time to time.
The price applicable to your purchase will be the price displayed at the time you place your order, subject to correction of genuine pricing or technical errors and any rights you may have under applicable law.
Unless expressly stated otherwise, applicable delivery charges, taxes, duties, customs charges, or other additional costs will be displayed or communicated to you before or during checkout where reasonably practicable.
Promotional offers may be subject to additional terms and conditions. Where there is a conflict between the terms of a specific promotion and these Terms, the promotion terms will apply to the extent of that conflict.
You agree to provide accurate and complete billing, payment, and account information and to keep such information up to date where necessary to complete your transactions.
Payments are processed through the payment methods and payment service providers made available through the Store. By submitting payment information, you confirm that you are authorized to use the selected payment method.
We reserve the right to refuse, limit, or cancel transactions where permitted by law, including where we reasonably suspect fraud, unauthorized use, or other unlawful activity.
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SECTION 5 - SHIPPING AND DELIVERY
We will provide available shipping and delivery information during the purchasing process or in our Shipping Policy.
Delivery times are estimates only unless we expressly state otherwise. DriveStack is not responsible for delays caused by shipping carriers, customs processing, incorrect or incomplete delivery information provided by the customer, failed delivery attempts, or events outside our reasonable control.
Once an order has been handed over to the selected shipping carrier, responsibility for the shipment during transit rests with the customer, subject to any rights and protections that cannot lawfully be excluded or limited under applicable law.
Customers are responsible for providing accurate and complete shipping information and for ensuring that someone is available to receive the order where required.
Where a shipment is delayed, lost, or otherwise affected after being handed over to the carrier, customers should first follow the carrier's applicable tracking and claims process. DriveStack will provide reasonable assistance where appropriate.
Nothing in these Terms is intended to exclude or limit any consumer right, warranty, guarantee, or remedy that cannot lawfully be excluded or limited.
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SECTION 6 - INTELLECTUAL PROPERTY
The Services and their content, including trademarks, logos, text, graphics, images, photographs, product descriptions, videos, audio, software, designs, and the selection and arrangement of such materials, are owned by DriveStack, its licensors, or other applicable rights holders and are protected by applicable intellectual property laws.
You may access and use the Services for personal and lawful purposes. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, transmit, or commercially exploit material from the Services without our prior written permission, except where such use is permitted by law.
Nothing in these Terms grants you ownership of or any licence to DriveStack's intellectual property except for the limited right to access and use the Services in accordance with these Terms.
DriveStack's name, logos, product names, service names, designs, slogans, and other branding are owned by DriveStack or its respective licensors and may not be used without prior written permission.
Shopify's name, logo, trademarks, and other intellectual property remain the property of Shopify.
All third-party names, logos, trademarks, product names, and service names displayed through the Services belong to their respective owners.
All rights not expressly granted under these Terms are reserved.
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SECTION 7 - OPTIONAL TOOLS
We may provide access to tools, applications, integrations, or services offered by third parties as part of the Services.
These third-party tools may be subject to separate terms and conditions and privacy policies imposed by their respective providers.
We do not necessarily monitor, control, or endorse third-party tools and, to the extent permitted by applicable law, are not responsible for their availability, functionality, security, or performance.
Your use of any third-party tool is subject to the terms applicable to that tool and is undertaken at your discretion.
We may introduce new features, tools, resources, or functionality through the Services from time to time. Unless stated otherwise, such features will form part of the Services and will be subject to these Terms.
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SECTION 8 - THIRD-PARTY LINKS
The Services may contain links, integrations, or embedded functionality provided by third parties.
These links and integrations are provided for convenience and may direct you to websites or services that are not operated or controlled by DriveStack.
We are not responsible for the content, availability, security, privacy practices, or accuracy of third-party websites or services.
If you choose to access a third-party website or service, you do so at your own discretion and should review that third party's terms and privacy policy before providing personal information or entering into a transaction.
Any purchase or transaction you make directly with a third party is governed by the terms applicable to that third-party transaction.
Nothing in this section limits any rights or remedies you may have under applicable law.
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SECTION 9 - RELATIONSHIP WITH SHOPIFY
DriveStack is powered by Shopify, which provides the technology and infrastructure that enables us to operate the Store and provide our Services to you.
However, any purchases or sales made through our Store are transactions between you and DriveStack. Shopify is not the seller of the products offered by DriveStack and is not responsible for the products, transactions, fulfilment, delivery, returns, refunds, warranties, or other matters arising directly from purchases made from DriveStack, except to the extent required by applicable law.
Nothing in these Terms limits or excludes any rights or remedies that cannot lawfully be limited or excluded.
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SECTION 10 - PRIVACY POLICY
Personal information collected through the Services is handled in accordance with our Privacy Policy, which forms part of these Terms and can be viewed on our website.
Because our Store is hosted and powered by Shopify, Shopify may collect and process certain personal information relating to your access to and use of the Services in accordance with Shopify's Privacy Policy.
Personal information may also be processed by third-party service providers that assist us in operating the Store, processing payments, fulfilling orders, providing delivery services, preventing fraud, providing customer support, or otherwise providing the Services to you. Some of these service providers may process information outside the country in which you reside.
For more information about how we collect, use, store, and protect personal information, please refer to our Privacy Policy.
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SECTION 11 - FEEDBACK
If you submit, upload, post, email, or otherwise provide us with ideas, suggestions, reviews, proposals, plans, or other feedback ("Feedback"), you grant DriveStack a non-exclusive, worldwide, royalty-free, transferable and sublicensable licence to use, reproduce, modify, publish, distribute, display, and otherwise use that Feedback for purposes related to operating, improving, promoting, and providing our Services.
You represent and warrant that you own or have the necessary rights to provide the Feedback and that your Feedback does not violate the rights of any third party or applicable law.
We are not required to keep Feedback confidential, provide compensation for Feedback, or respond to Feedback.
We may monitor, edit, restrict, or remove Feedback that we reasonably believe is unlawful, defamatory, abusive, threatening, obscene, misleading, infringing, or otherwise inappropriate, or that violates these Terms.
You remain responsible for the Feedback you submit, including its accuracy and legality.
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SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally, information on or in the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, delivery estimates, product availability, or other information.
We reserve the right to correct errors, inaccuracies, or omissions and to update information when necessary.
If an error affects an order, including an incorrect price or product description, we may contact you to provide the correct information and, where permitted by applicable law, offer you the option to confirm the order at the corrected terms or cancel the affected order and provide any refund that may be required.
Nothing in this section limits any rights you may have under applicable consumer protection laws.
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SECTION 13 - PROHIBITED USES
You may access and use the Services only for lawful purposes and in accordance with these Terms.
You must not use the Services:
(a) for any unlawful, fraudulent, deceptive, malicious, or unauthorized purpose;
(b) to violate any applicable law, regulation, or legal requirement;
(c) to infringe or violate our intellectual property rights or the rights of any third party;
(d) to harass, abuse, threaten, defame, intimidate, or otherwise harm another person;
(e) to submit false, misleading, or fraudulent information;
(f) to distribute spam, malware, viruses, or other harmful or unauthorized material;
(g) to impersonate another person or entity or misrepresent your identity or affiliation;
(h) to interfere with, disrupt, damage, or attempt to gain unauthorized access to the Services or their underlying systems;
(i) to collect, process, or misuse another person's personal information without appropriate authorization or lawful basis;
(j) to conduct unauthorized security testing, probing, scanning, or attempts to circumvent security or access controls; or
(k) to engage in conduct that materially interferes with another person's use of the Services or that exposes DriveStack, Shopify, or others to unlawful harm or liability.
You must not use automated tools, including bots, crawlers, spiders, scrapers, or AI agents, to access or interact with the Services in a manner that violates these Terms, applicable law, our technical restrictions, or any instructions we provide regarding automated access.
We may restrict, suspend, or terminate access to the Services where reasonably necessary because of a violation of these Terms, fraudulent or unlawful activity, security concerns, or other circumstances permitted by applicable law.
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SECTION 14 - AGENTS
14.1
This section ("Agent Terms") applies where you use, enable, authorize, or cause an automated or semi-automated software agent ("Agent") to access, use, or interact with the Services.
An "Agent" means software or a service capable of taking autonomous or semi-autonomous actions on behalf of, or at the instruction of, a person or entity.
14.2
Agents may not access, use, or interact with the Services where such access is prohibited by these Terms, applicable law, our technical restrictions, or an instruction from DriveStack or Shopify requiring the Agent to stop or restrict its access.
14.3
We may limit, restrict, or technically control whether and how Agents access, use, or interact with the Services where reasonably necessary for security, performance, privacy, legal compliance, or other legitimate operational reasons.
14.4
Where an Agent accesses the Services, it must:
(i) identify itself as an automated agent where technically required or reasonably requested;
(ii) not deliberately conceal or misrepresent the automated nature of its interactions;
(iii) not circumvent CAPTCHAs, authentication systems, rate limits, security controls, or other measures intended to regulate automated access;
(iv) comply with applicable laws and our published technical requirements; and
(v) stop or modify its access when reasonably instructed to do so by DriveStack or Shopify.
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SECTION 15 - TERMINATION
We may suspend or terminate your access to the Services where permitted by applicable law, including where you materially breach these Terms, engage in fraudulent or unlawful activity, create a security risk, or otherwise misuse the Services.
Where reasonably practicable, we will provide notice of suspension or termination. However, immediate suspension or termination may occur where necessary to protect the Store, our customers, our service providers, or others, or where required by law.
Termination does not affect any rights, obligations, or liabilities that arose before termination.
The provisions concerning Intellectual Property, Feedback, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy, and any other provisions that by their nature should survive termination will continue to apply after termination.
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SECTION 16 - DISCLAIMER OF WARRANTIES
We make reasonable efforts to ensure that information provided through the Services is accurate and up to date. However, information may occasionally contain errors, omissions, or inaccuracies.
To the extent permitted by applicable law, the Services are provided on an "as available" basis, and we do not guarantee that the Services will always be uninterrupted, timely, secure, or error-free.
Except where expressly stated otherwise or required by applicable law, DriveStack does not provide additional warranties or guarantees beyond those expressly provided in these Terms or applicable law.
Nothing in these Terms excludes, restricts, or modifies any warranty, guarantee, condition, right, or remedy that cannot lawfully be excluded, restricted, or modified under applicable law, including applicable consumer protection laws.
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SECTION 17 - LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, DriveStack and its directors, officers, employees, agents, contractors, service providers, partners, and affiliates will not be liable for losses that are not reasonably foreseeable or that arise indirectly from your use of the Services.
Nothing in these Terms excludes or limits liability where such exclusion or limitation is prohibited by law.
Nothing in these Terms limits any rights or remedies available to consumers under applicable South African law.
Where DriveStack is legally liable for a loss, our liability will be limited to the extent permitted by applicable law and, where appropriate, to the amount paid by you for the affected product or Service, except where a different limitation is required by law.
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SECTION 18 - INDEMNIFICATION
To the extent permitted by applicable law, you agree to indemnify and hold harmless DriveStack, its directors, officers, employees, agents, contractors, service providers, partners, and affiliates from reasonable losses, liabilities, claims, and expenses arising directly from:
(a) your material breach of these Terms;
(b) your unlawful or fraudulent use of the Services; or
(c) your violation of the rights of a third party.
We will provide reasonable notice of any claim for which indemnification is sought and, where appropriate, allow you a reasonable opportunity to participate in the defence of the claim.
This section does not require you to indemnify DriveStack for losses caused by DriveStack's own unlawful conduct, negligence, or breach of these Terms to the extent such limitation is not permitted by applicable law.
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SECTION 19 - SEVERABILITY
If any provision of these Terms is found to be unlawful, invalid, or unenforceable, that provision will be enforced to the maximum extent permitted by law, and the remaining provisions will remain in full force and effect.
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SECTION 20 - WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of that right or provision.
These Terms, together with our Privacy Policy, Refund Policy, Shipping Policy, and any other policies or operating rules posted on our website, constitute the entire agreement between you and DriveStack regarding your use of the Services and supersede any previous agreements, communications, or proposals relating to the Services.
If there is any inconsistency between these Terms and a specific policy applicable to a particular transaction, the applicable policy will govern that transaction to the extent of the inconsistency.
Any ambiguity in these Terms will be interpreted in accordance with applicable law and the circumstances of the transaction, and not automatically against either party.
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SECTION 21 - ASSIGNMENT
You may not delegate, transfer, or assign this Agreement, or any of your rights or obligations under these Terms, without our prior written consent. Any attempted assignment or transfer in violation of this provision will be null and void.
We may assign or transfer these Terms, or any of our rights and obligations under them, in connection with a merger, acquisition, sale of assets, restructuring, or other business transaction, or otherwise as permitted by applicable law.
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SECTION 22 - GOVERNING LAW
These Terms of Service and any separate agreements under which we provide you with Services shall be governed by and construed in accordance with the laws of the Republic of South Africa.
Any dispute arising from or relating to these Terms or the Services will be subject to the jurisdiction of the courts of the Republic of South Africa, subject to any applicable rights or remedies available to you under South African law.
Nothing in these Terms is intended to limit or exclude any rights or protections you may have under applicable South African consumer protection or other applicable law.
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SECTION 23 - HEADINGS
The headings used in these Terms are included for convenience only and will not limit, interpret, or otherwise affect the meaning or application of any provision of these Terms.
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SECTION 24 - CHANGES TO TERMS OF SERVICE
You can review the most current version of these 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 review these Terms periodically for any changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will become effective on the date specified in the notice.
Your continued use of or access to our Services following the posting of changes to these Terms of Service constitutes your acceptance of those changes.
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SECTION 25 - CONTACT INFORMATION
If you have any questions about these Terms of Service, please contact us using the information below:
DriveStack
Email: drivestack8@gmail.com
Address: 16 Castle Hill, Gqeberha Central, 6001
Phone: 0650802459