TERMS AND CONDITIONS

 

The following terms and conditions (“Terms and Conditions”) govern your access and use of the website www.mytripbit.com and all content therein including ordering any products from the website made available by Tripbit Ltd (Nordics). (“Tripbit” or “we” or “our” or “us”).

By accessing or using the website, you agree to these Terms and Conditions. You represent and warrant that you are above the age of majority as per the applicable laws to which you are subject and have the capacity and authority to agree to these Terms and Conditions. If you are using the website or and/or ordering the product on behalf of an entity, you represent and warrant that you are fully authorized to enter into this Agreement on behalf of such entity and to bind such entity to the Terms and Conditions set forth herein.

Ownership and Intellectual Property Rights

Subject to your compliance with these Terms and Conditions, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to use and access the website solely to view the product information, downloading any product information, ordering the products, and providing any feedback related thereto only for your personal and non-commercial use. Title, ownership rights, and intellectual property rights in the website, all content therein, and all the products displayed on the website shall remain the sole property of Tripbit or its suppliers/licensors. Your use of the website does not grant you any right or license to reproduce or otherwise use any of the intellectual property rights of Tripbit or its suppliers/licensors except as expressly stated herein. The website and all content therein are protected by copyright and other intellectual property rights laws as applicable.

If permitted by us, you may post any of your feedback content such as text, images on the website and you grant us a worldwide, non-exclusive, fully paid-up, royalty-free, sub-licensable, transferable, perpetual right to use, copy, reproduce, display, modify, distribute, and otherwise exploit such of your content as you may make available on the website. We reserve the right to remove any of your content from the website at our sole discretion.

Any of the products or services that we provide may include any third-party components or services. Your access and use of such third-party components or services are subject to your compliance with such third-party license terms. We are not responsible for any such third-party terms and conditions.

You acquire no ownership rights in the product. We will retain all ownership rights including all intellectual property rights in the product including but not limited to user documentation and accessories.

Restrictions

The rights granted to you for use of the website and product is subject to the following restrictions and any other restrictions as set forth herein:

  • You shall not copy, decompile, reverse engineer, disassemble, modify, prepare derivative works, distribute, sell, transfer, or otherwise exploit the website or product.
  • You shall not remove or infringe any proprietary notices from the website or the product.
  • You will not upload any content that is obscene, threatening, harassing, invasive, discriminatory, unlawful, illegal, immoral, or harmful to our interests or interests of any other person.
  • You will not upload any content that is infringing any intellectual property rights or privacy rights of any person.
  • You will not transmit or introduce any kind of virus or any malware or harmful codes in the website or product.
  • You will not use the website or product in contravention of any applicable laws.
  • You will not use the website or product in any way not permitted or authorized by the Terms and Conditions.
  • You will not use the website or product to cause nuisance, annoyance, harm, or inconvenience to anyone.
  • You shall exercise reasonable care in the use of and handling of the product as per the user documentation provided by us. You shall not perform any of the following:
    • repairs or modifications to the product
    • removing or modifying any certification marks, serial numbers, tags, or other notices affixed to the product
    • rent, sell, share, transfer, license, or assign the product or grant any interest in the product to any third party
    • allow any third party to use the product except a family member, or a friend accompanying you on your vacation or event.
    • dispose of the product
    • fraud or misrepresentation by renting or using the product
    • use for an illegitimate purpose
    • use the product in a way to harm or interfere or place any burden on our network

Other Terms

If the website contains any third-party website links, we are not responsible or liable for these websites including their content. Your access and use of such websites are at your own risk.

Personal Information

Your personal information submitted to us will be processed by us following our privacy policy.

Our Products and Services

We provide Wi-Fi/MiFi portable hotspot and other related products and services including any documentation and accessories (“product”). The details of all such products including the pricing information are displayed on the website. If you intend to order any products from us, you will have to place your order by accessing the website. You will always provide us with your accurate, complete, and true contact details and also notify us in writing of any changes thereto. You may be subject to any additional terms regarding the renting of any products on the website and such terms will be in addition to these Terms and Conditions to which you will be bound. The start and end date of the rental will be as indicated by you and agreed to us at the time of checkout. We do not guarantee that we will send you product status updates. We reserve the right to periodically monitor the usage of the product remotely and you give us your express consent to do so. You shall observe the necessary care and maintenance of the product during the period of use until the return of the product to us. If you observe any defect or abnormality or breakdown of the product you should immediately notify us.

Product Prices and Information

Product prices will be displayed on the website. All such prices are exclusive of any taxes unless stated otherwise. We reserve the right to change, substitute, or discontinue at any time any products including the pricing and description of products without notice. We cannot guarantee that the color and images of the products will be accurate as this is dependent on your computer monitor. The stock availability displayed on the website is on an “as is” basis and subject to change, however, we do utilize our commercial efforts to maintain our ‘in stock’ status at all times. We accept payment by the methods as stated on the website or during checkout. You are responsible for all charges related to the use of the product such as access charges, usage charges, installation of add-ons charges, activation, reactivation charges, and surcharge. All amounts paid by you are non-refundable except as specified herein.

Products Shipping and Delivery

Once you place the order for a product with us by making a payment for the same, we will process your order within:

  • 0-1 business day

We will only be able to ship the product after we process your order. Any orders received on non-business days are subject to delayed processing.

The product will be delivered to you only after the order processing is complete at our end. The product will be delivered within:

  • 1-4 business days for residential properties
  • 0-3 business days for hotels, lodges, Airbnb
  • 3-6 business days for any international destinations

We currently deliver to the following countries:

South Africa, Norway, Sweden & Denmark.

In due course, we will be delivering to Namibia, Tanzania & Kenya.

We do not deliver to sanctioned countries.

If you’re ordering the product at any lodging/vacation place, you will need to specify the address of the same and you will be required to provide your rental start/end dates. We will deliver the product to the address specified by you as per the timelines stated herein. You are responsible to inspect the product upon receipt and verify if it is in good working condition. In case of no such written notification from you immediately on receiving the product, the product shall be deemed to be in good and working condition. If we deliver the product to the designated address before your rental start date but you are unable or not available to accept the delivery, then the product shall be deemed accepted by you.

We provide expedited shipping only if we have agreed to the same. If you have any questions on whether the product will be delivered to your destination, you are advised to contact us before placing the order at:

mytripbit@tofaraa.com or

+47 455 03 059 (WhatsApp) or

Chat with us on the website

The time taken for delivery is dependent on your destination. We will make commercially reasonable efforts to ensure that your shipment is delivered on time. All the order processing and shipping timelines specified herein are estimations and we cannot guarantee that your order will arrive at your place by the stated time herein. The shipment may be delayed due to unexpected occurrences beyond our control including acts of God such as including but not limited to changes to law or regulations, embargoes, war, terrorist acts, acts or omissions of third-party service providers including carriers, lockdowns, epidemics, riots, weather conditions, or any other causes beyond our control. We are unable to entertain any changes in delivery once the shipment leaves our facility. You may experience certain delays in the processing and delivery of shipments due to the COVID-19 situation.

For international shipments, you are solely responsible for any customs duties, levies, and taxes levied by local authorities and for complying with any applicable laws, and restrictions relating to the import of the products and we are not responsible for the same nor we are responsible for delayed delivery of shipments due to customs issues. We may be unable to ship certain products to certain destinations or certain persons due to any restrictions imposed by law or otherwise.

We are not responsible for delayed delivery or non-delivery due to reasons such as an incorrect address provided by you. Once the shipment is dispatched, we may not have the ability to change the address while the product is in transit. Once the ordered products are handed over to the carrier for shipping, the risk of loss for the ordered products will pass to you, however, we always reserve the ownership rights in the product.

Shipping Charges:

Unless otherwise specified, our standard shipping charges are separately stated at the time of checkout for domestic shipments in ZA and both domestic and international in EU/EØS. The total price for the product is based on the product price, shipping charges, and applicable taxes.

We reserve the right without prior notice:

  • to limit the sales of our products in certain geographies, or to any person.
  • to impose limits on the maximum or minimum quantities of products that you can order

Cancellation, Returns, and Refunds

Cancellation by us:

We reserve the right to cancel the order and delivery in case:

  • We have insufficient stock to deliver the product you have ordered
  • For any other reason in our discretion

If we cancel your order, we will notify you by email and will refund you the entire price as soon as possible.

Cancellation by you:

Cancellation be is to be a maximum of 5 business days prior to booked date.
For cancellation of your order, please contact at:

mytripbit@tofaraa.com or

+47 455 03 059 (WhatsApp) or

Chat with us on the website

You can cancel the order latest 5 days of agreed pick-up/delivery. To exercise the right of cancellation, you must inform us of your decision to cancel the order by contacting us on the contact details stated above. If you exercise your right to cancel, we shall refund the product price including the costs of delivery (except the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay. We ideally notify PayPal within 0-1 business days when we process your cancellation. It can take 2-5 business days but can take up to 30 days depending on the card company to reflect the money on your account. We cannot entertain any order cancellation for reasons such as non-availability of speed or less speed.

Return upon the end of rental date

Upon the end of your rental date, you will need to return the product on the same day that is stated on your return. For example, if you booked the product from the 12th of April until the 15th of April, we expect that the product is returned or dropped in a return envelope on the 15th of April. You can return the product via a prepaid envelope you are provided, or you can drop the product off at your hotel or lodge reception provided the vacation/lodging place has an agreement with us. For this, you need to contact us before returning the product to the lodging reception area. You are also obligated to return the product at our request at any time.

All international returns must be marked on the outside as “Returned Goods” to avoid import duty. Any import duty that is incurred will be charged to you.

Any lost, stolen, or damaged product due to your fault or any product not returned to us on our request or at the end of rental date will be charged at 95USD with Tripbit damage/loss waiver which is compulsory. On check-out, we have an automatic and compulsory damage/loss waiver added to the product price. We reserve the right to institute necessary collection procedures and institute any other rights or remedies or actions against you including filing criminal suits in case you fail to return the product, and you will be responsible for reimbursing us all collection charges or damage charges and costs of collection including without limitation reasonable attorneys’ fees. You agree to assist us in any investigation of theft or other malicious activity and provide us with necessary information and documentation thereto as requested by us.

Changes

We may at our sole discretion, make any changes to the website or product functionality we deem necessary without any notification to you.

Termination

We may without prior notice discontinue your use of the website or product or suspend the same with or without notice for reasons including but not limited to your breach of any provisions in the Terms and Conditions or as required by law. You may terminate by providing notice to us and by returning the product. Notwithstanding the termination, you will be liable for any of your payment obligations due hereunder. We do not guarantee that your number will be ported to another carrier. If we accept a porting request, we may charge a fee for the same that will be notified to you before porting. For the sake of clarity, you will not obtain any refund or credit for any unused portion of the data usage.

Warranty

We warrant that the product will be delivered in good working order and condition and that it will continue to operate properly during the term of the period of the rental. If the product does not operate as per foregoing, your sole and exclusive remedy is to seek repair or replacement of the product at our expense. For this, you need to notify us promptly.

EXCEPT AS SPECIFIED ABOVE AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, TRIPBIT MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, TITLE OR NON-INFRINGEMENT, OF ANY KIND RELATED TO WEBSITE OR THE PRODUCT. WE ARE NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGES OR LOSS OR CLAIMS ARISING FROM YOUR USE OR NON-USE OF THE WEBSITE AND PRODUCT. WE DO NOT WARRANT THAT THE WEBSITE AND PRODUCT WILL BE ERROR-FREE OR VIRUS-FREE OR BUG-FREE OR UNINTERRUPTED OR SECURE OR THAT THE PRODUCT WILL OPERATE PROPERLY ON ALL WIRELESS NETWORKS, OR THAT IT WILL BE SUITABLE TO YOUR NEEDS. WE DO NOT WARRANT THAT YOU WILL RECEIVE THE SPEED OR NETWORK THAT YOU EXPECT OR THAT THERE WILL BE NO TRAFFIC CONGESTION. THE SPEED AND COVERAGE THAT IS SHOWN IN THE PRODUCT INFORMATION WILL BE PROVIDED ON A REASONABLE ENDEAVOR BASIS AND NETWORK CONNECTION IS DEPENDENT ON MULTIPLE FACTORS INCLUDING WITHOUT LIMITATION ENVIRONMENTAL CONDITIONS, TOPOGRAPHY, CLIMATE, SIGNAL STRENGTH, AVAILABILITY OF RADIO FREQUENCY CHANNELS, AND SYSTEM CONSTRAINTS. WE DO NOT GUARANTEE ACCESS TO A NETWORK OUTSIDE OF OUR COVERAGE AREAS. THE COVERAGE IS A HIGH-LEVEL APPROXIMATION ONLY; ACTUAL COVERAGE MAY VARY. COVERAGE IS USUALLY NOT AVAILABLE IN RURAL AREAS AND NATIONAL PARKS. WE DO NOT ENDORSE ANY THIRD PARTY LISTED ON OUR WEBSITE OR ANY THIRD-PARTY COMPONENTS/SERVICES USED IN THE PRODUCT. YOU ASSUME THE SOLE AND EXCLUSIVE RESPONSIBILITY FOR THE USE OF THE PRODUCT AND WEBSITE AND ANY RELIANCE ON ANY THIRD-PARTY SERVICES. YOU ASSUME THE SOLE RISK AND RESPONSIBILITY FOR DELETING PERSONAL INFORMATION BEFORE RETURNING THE PRODUCT TO US. WE WILL MAKE COMMERCIALLY REASONABLE EFFORTS TO DELETE ALL PERSONAL INFORMATION LEFT ON A RETURNED PRODUCT, WE CANNOT BE RESPONSIBLE FOR ENSURING THE SECURITY OF PERSONAL INFORMATION LEFT ON ANY RETURNED PRODUCT. THE WEBSITE AND ALL CONTENT THEREIN ARE FOR INFORMATIONAL PURPOSES ONLY. WE DO NOT PROVIDE ANY WARRANTY THAT THE CONTENT IS COMPLETE, ACCURATE, ADEQUATE, TRUTHFUL, USEFUL, OR RELIABLE. THE INFORMATION RELATED TO PRICING, DESCRIPTION, OFFERS, AVAILABILITY, SHIPPING COSTS, DELIVERY TIMES MAY CONTAIN ERRORS, INACCURACIES, AND OMISSIONS. ANY RELIANCE ON THE CONTENT AVAILABLE ON THE WEBSITE IS AT YOUR OWN RISK. WE DO NOT PROVIDE ANY WARRANTY FOR PRODUCTS THAT WE DO NOT MANUFACTURE. WE DO NOT WARRANT THAT THE PRODUCT WILL BE COMPATIBLE WITH YOUR SYSTEMS OR SOFTWARE.

Indemnification

You agree to defend, indemnify, and hold Tripbit, its affiliates, officers, directors, employees, agents, suppliers, contractors, licensors, partners, distributors, manufacturers harmless from and against any claims, damages, liabilities, including without limitation, reasonable attorney fees, resulting from or arising from, your use of the website or product or your breach of any provisions in these Terms and Conditions. You hold harmless and waive and release us, our affiliates, officers, directors, employees, agents, suppliers, contractors, licensors partners, distributors, manufacturers, from any form of claims, injury, losses, expenses, or damages of any kind resulting from or arising from the use of the product by you including any damages caused to a third party.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE, TRIPBIT, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, CONTRACTORS, LICENSORS, PARTNERS, DISTRIBUTORS, MANUFACTURERS, SHALL NOT BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES OF ANY KIND INCLUDING WITHOUT LIMITATION LOSS OF DATA OR PROFITS, LOSS OF GOODWILL OR BUSINESS REPUTATION, COST OF PROCUREMENT OR REPLACEMENT GOODS, RELATING TO OR ARISING FROM THESE TERMS AND CONDITIONS. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF TRIPBIT FOR ALL CLAIMS RELATED TO THESE TERMS AND CONDITIONS EXCEED THE TOTAL AMOUNT RECEIVED BY TRIPBIT FROM YOU FOR THE SPECIFIC PRODUCT THAT IS THE SUBJECT MATTER OF THE CLAIM.

Governing Law

These Terms and Conditions are governed by the laws of South Africa without reference to conflict of laws principles.

Any dispute or controversy arising under or in connection with this Agreement shall be settled exclusively by arbitration, conducted before a panel of three arbitrators in Johannesburg, South Africa, following the rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed per the said Rules. Where consistent with applicable law, the arbitrators shall have the authority to order the non-prevailing party to pay the prevailing party’s attorney’s fees and all costs of the arbitration. The award of the arbitrator shall be final and judgment on the arbitration award may be entered into any competent court having jurisdiction thereof. Nothing in this Agreement shall be deemed as preventing Tripbit from seeking any injunctive relief from any court of competent jurisdiction.

Assignment

We may assign, transfer, or subcontract our rights and/or obligations to any person/entity without your consent. You shall not assign, transfer, or subcontract any of your rights and/or obligations herein without our prior written consent.

Force Majeure

We are not responsible or liable for any delays or failures in performance from any cause beyond our control, including, but not limited to acts of God, changes to law or regulations, embargoes, war, terrorist acts, lockdowns, fire, earthquakes, acts of third parties or epidemics.

Entire Agreement

These Terms and Conditions constitute the entire agreement between Tripbit and you as to the subject matter stated herein.

Severability

If any provision of these Terms and Conditions is found to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable.

No Third-Party Beneficiaries

Nothing in this Terms and Conditions will provide or accrue any benefit to any third party or entitle any third party to any claim, cause of action, remedy, or right of any kind.

Waiver

Any waiver or failure to enforce any provision of the Terms and Conditions on one occasion will not be deemed a waiver of any other provision or such provision on any other occasion. Delay in exercising or non-exercise of any such right or remedy does not constitute a waiver of that right or remedy, or any other right or remedy.

Successors

This Terms and Conditions binds and benefits the parties and their respective permitted successors and assigns.

Relationship

Your use of the website or your ordering of any products from us shall not make you an employee or agent or partner or joint venturer of Tripbit.

Class Action Waiver

You agree that in the event you have or may have any alleged claim against us, you shall pursue such claim only on an individual basis, and not as a plaintiff or class member in any purported class or representative action.

Survival

All provisions which by their nature should survive shall survive the termination of these Terms and Conditions.

Changes to the Terms and Conditions

We may modify these Terms and Conditions at any time. Please regularly check the website for the latest version. To the extent permitted by applicable law, your access/use of the website or product constitutes your acceptance of the modifications.

Our contact details.

Business Name: Tripbit Ltd. 

Address Norway: Nannestadgata 4, 2000 Lillestrom

Address South Africa: 90 Rivonia Rd. Sandton Gauteng

Email: mytripbit@tofaraa.com

Phone: +47 455 03 059

January 2022

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