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Effective Date: 05 March 2024
Welcome to The Big Bang Store. By accessing or using our website, services, or products, you agree to be bound by these Terms of Service ("Terms"). Please read these Terms carefully before using our services.
You may use our site only for lawful purposes and in accordance with these Terms. You agree not to use the site:
The Big Bang Store will not be liable for any direct, indirect, incidental, special, consequential, or punitive damages resulting from your use of or inability to use our services or any products procured using our services, even if The Big Bang Store has been advised of the possibility of such damages.
You agree to indemnify, defend, and hold harmless The Big Bang Store, its officers, directors, employees, agents, licensors, and suppliers, from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of your violation of these Terms or your use of our services, including, but not limited to, any use of our website's content, services, and products other than as expressly authorized in these Terms.
We reserve the right to modify these Terms at any time. If we make changes, we will post the revised Terms on our website and update the effective date. Your continued use of our services after the posting of changes constitutes your acceptance of such changes.
These Terms shall be governed by and construed in accordance with the laws of South Africa, without giving effect to any principles of conflicts of law.
By consenting to The Big Bang Shop’s SMS marketing in the checkout and initializing a purchase or subscribing via our subscription tools, you agree to receive recurring text notifications (for your order, including abandoned checkout reminders), text marketing offers, and transactional texts, including requests for reviews from us, even if your mobile number is registered on any state or federal do-not-call list.
Message frequency varies. Consent is not a condition of purchase. If you wish to unsubscribe from receiving text marketing messages and notifications, reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within any of our messages.
You understand and agree that alternative methods of opting out, such as using alternative words or requests, will not be considered a reasonable means of opting out. We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.
For any questions, please text HELP to the number you received the messages from. You can also contact us at [LINK to your contacts page or form, or email address] for more information.
We have the right to modify any telephone number or short code we use to operate the service at any time. You will be notified on such occasions.
You agree that any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, may not be received, and we will not be liable for honoring requests made in such messages.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
Your right to privacy is important to us. You can see our Privacy Policy (https://bigbangshop.co.za/policies/privacy-policy) to determine how we collect and use your personal information.
10. Unauthorised Data Extraction and Cyber-Crime Prohibition
10.1. Strict Prohibition: You are strictly prohibited from using any automated means, including but not limited to “spiders,” “robots,” “crawlers,” or “scrapers,” to access, monitor, or copy any content or data from The Big Bang Store and associated websites without our express, prior written authorisation.
10.2. Statutory Violations: Any attempt to circumvent technical measures or to harvest data from this site is a direct violation of Section 86 of the Electronic Communications and Transactions Act 25 of 2002 (ECTA). Be advised that unauthorized access, interception, or interference with data is a criminal offense in the Republic of South Africa, punishable by fines and/or imprisonment.
10.3. Personal Information Protection: To the extent that any scraped data contains “Personal Information” as defined by the Protection of Personal Information Act 4 of 2013 (POPIA), you are hereby designated as an unauthorized processor. We will report any such breach to the Information Regulator and pursue the maximum civil and criminal penalties available under POPIA.
10.4. Indemnification and Costs: Any party found in breach of this clause shall be liable for all legal costs incurred by The Big Bang Store (Pty) Ltd on an attorney-and-own-client scale, including the costs of digital forensic investigators required to identify the source of the breach.
For any questions about these Terms of Service, please contact us at:
Thank you for choosing The Big Bang Store. We hope you enjoy our products and services.