TERMS OF USE AGREEMENT: TOMAMIX (PTY) LTD.
UPDATED 20 SEPTEMBER 2019

IMPORTANT: PLEASE READ THIS AGREEMENT BEFORE PROCEEDING. USE OF THE WEBSITE IMPLIES YOU HAVE READ, UNDERSTOOD, AND AGREED TO ALL TERMS OF USE.

DEFINITIONS
Artwork - for the purposes of the Agreement, Artwork shall include machine-readable, two-dimensional geometrical representations of a bar codes of any description protected by intellectual property rights of the Company, including Trade Marks, Patents, Copyrights, Designs, Artwork, or any other common-law or legislation remedy available.

Agreement - this entire agreement, that being the terms of use of the Company and the Website.

Barcodes - include any and all Barcode numbers, including Universal Product Codes (hereafter “UPCs”), European/International Article Number codes (hereafter “EAN”s), or Global Trade Item numbers or codes or numbers (hereafter “GTINs”), including any references to these codes.

Company - Tomamix (Pty) Ltd.

Intellectual Property - any and all content and created works by the Company and the Website of any description as protected by intellectual property rights of the Company, including Trade Marks, Patents, Copyrights, Designs, Artwork, or any other common-law or legislative remedy available.

Purchaser - A user or registered user or any other person who has mandated a transaction via the website and concludes that transaction.

Purchaser Data - Any and all data pertaining to business activities, company information, or other relevant information of the third-party company making use of the Website.

Registered User - any person registered with the Website by creating an account on the Website for use

User - any person using a web browser to access the website

Web Browser - any computer or mobile programme or application used to access and view internet websites of any description

Website - “www.barcodes.id”, “barcodes.id”, and any recognisable variation or bastardisation of these terms and any associated content

GENERAL TERMS
3.1 The following shall constitute the terms of use agreement (hereafter “the Agreement”) to be accepted by the user. “www.barcodes.id”, “barcodes.id”, and any recognisable variation of these terms and any associated content (hereafter “the Website”) is a reference to this website, which is the intellectual property of Tomamix (Pty) Ltd (hereafter “the Company”). The website and its associated content is offered for your use by Tomamix. By accessing the website, the user agrees that they have read, understood, and accepted the terms of the Agreement and that they are binding upon the user.
3.2 The Company and the Website are protected by copyright law. Usage of the Website and related services is conditionally licensed to the user for use within the parameters of the Agreement. The user is expressly prohibited from using the Website in any way other than the specific allowances of the Agreement, or in any other way that would bring the goodwill or general reputation of the Company or the Website.
3.3 This agreement may be altered, modified, edited, subtracted or deleted from, or added to at the sole discretion of the Company at any time. You as the User will be notified of these changes by the changing of the most recent date reflected on the Agreement. It is the responsibility of the User to exercise due diligence in staying abreast of the terms of the company. Use after the fact will imply that the newest version of the Agreement has been read, understood, and accepted.

USER AND REGISTERED USER DUTIES AND ELIGIBILITY
4.1 Use of the Website is not allowed where prohibited by any common-law or statutory prohibition, and where it is explicitly disallowed by the Company in the Agreement. Those who use a web browser to access the Website (hereafter “Users”), and those who register an account on the Website (hereafter “Registered Users”), and those who purchase barcodes or other goods or services through the Website (hereafter “Purchasers”) agree to be bound by and will abide by this Terms of Use agreement.
4.2 By using the Website, you affirm that you are at least 18 years of age or of an age of majority status in your jurisdiction, an emancipated minor, a minor accelerated to majority status through customary marriage, or accessing the Website with permission and supervision of your legal guardian.

REGISTERED USER AND PURCHASER DATA
5.1 Users, Registered Users and Purchasers agree to provide accurate, current, and complete information about you and/or your business where requested by the Website or the Company.
5.2 Users, Registered Users and Purchasers agree to maintain and expeditiously update all information about you and/or your business. Registered Users and Purchasers agree to maintain the security of your username and password, and you hereby acknowledge and agree that you are responsible for any and all use of your user account, whether authorized or unauthorized, and for any actions that occur using your user account.

PROTECTION OF CHILDREN
6.1 Neither the Company nor the Website target, market to, or collect personal information from individuals under the age of 18 or age of majority in their jurisdiction. If you are a parent who believes that the Company may have collected personal information from your child, please notify the Website immediately at [email protected].

PRIVACY POLICY
7.1 The Company hereby incorporates its Privacy Policy into this Terms of Use agreement via definitions of what data of Users, Registered Users, and Purchasers are liable to.

RIGHTS OF THE WEBSITE AND THE COMPANY
8.1 The Company exclusively owns the Website, including the text, software, computer or mobile programs or applications, artwork, musical and theatrical work, multimedia work, interactive media, journalistic work, written work, and other associated content, as well as their selection and arrangement.
8.2 The Company owns any and all intellectual property pertaining to itself and the Website including trademarks, service marks, artwork, patents, copyright, original works, designs, and logos that are contained on the Website or other affiliate mediums of the Company.
8.3 The Website may under no circumstances be used, modified, mined, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, screenshotted, DDOS attacked, used as part of any botnet, or sold in any form or by any means, in whole or in part, without the express prior written, unanimous consent of the directors of the Company.

9. REGISTERED USER AND PURCHASER ACCOUNTS
9.1 Registered Users and Purchasers have the right to appoint mandatories or agents to use the Website for transactions on their behalf. Any Registered User authorized by mandate, casual and contract work, or employment to have access to the Registered User or Purchaser account is deemed to be acting upon the instruction of the Registered User and is deemed to have the capacity to enter into a binding, contractual relationship with the Company.
9.2 The Registered User is solely responsible for any and all access to the Website with their Registered User account, whether authorised or unauthorised.
9.3 The Registered User bears sole responsibility for controlling access to the Registered User and/or Purchaser account, and bears the sole responsibility of protecting their login information.
9.4 The Company and the Website accept no liability for any form of criminal or other activity on a Registered User account.

10. LIMITED LICENSE TO USE WEBSITE
10.1 The Company agrees to grant access to the Website for the personal use of the User, Registered User, or Purchaser.
10.2 Any and all other use is strictly prohibited and the Company and Website reserve the right to freeze, suspend, or shut down accounts that do not comply with this, and terminate all agreements with offending parties without breaching said agreements.

11. INTELLECTUAL PROPERTY RIGHTS OF THE COMPANY AND THE WEBSITE
11.1 The Company’s Intellectual Property including the Website is protected in terms of binding international agreements on intellectual property rights, and the laws of the United States of America or a competent jurisdiction as selected by the Company.
11.2 Users, Registered Users, Purchasers, and any and all other parties are expressly prohibited from using any of the Company and/or the Website’s Intellectual Property as a source or as a part of a domain name that is likely to obscure the goodwill of the Company and the Website.
11.3 No party may use any Intellectual Property of belonging to the Company or the Website without express, written, and unanimous permission from the Directors of the Company.
11.4 You hereby agree and warrant that you will not modify the Website or otherwise make derivative works of the Website.
11.5 You hereby agree and warrant that you will comply with this Agreement and with all applicable local, national, and international laws and regulations pertaining to Intellectual Company, specifically that of the Company and the Website.

12. WARRANTIES AND REPRESENTATIONS CONCERNING WEBSITE
12.1 The Website is offered voetstoots, or as it is found.

12.2 The Company and the Website make no representations or warranties whatsoever regarding the content of the Website, including express, implied, or other warranties.

12.3 The Website takes no responsibility for any latent, patent, or other defects.

12.4 This clause may not apply if the User, Registered User, Purchaser, or third-party reside in a jurisdiction with consumer legislation contrary to this clause.

12.5 Neither the Company nor the Website shall be held responsible for any third-party application, software, virus, offensive content, or any other content posted on the Website.

12.6 The Company and the Website shall not accept automatic liability for any problems arising from third-parties or misuse of the website, including cyber-attacks, vis major, electrical power failure, mechanical failure, or any other issue.

13. DISCONTINUATION
13.1 The Company reserves the right to discontinue the Website at any time, for any reason.

14. WARRANTIES AND REPRESENTATIONS CONCERNING GOODS AND SERVICES SOLD THROUGH WEBSITE
14.1 The Company and the Website take no responsibility for the quality of goods or services provided through the Website unless explicitly provided for in this Agreement.

14.2 The goods and services on the website are sold voetstoots, or as it is found.

14.3 This clause may not apply if the User, Registered User, Purchaser, or third-party reside in a jurisdiction with consumer legislation contrary to this clause.

14.4 The Company warrants that the Purchaser or Registered User will be issued with unique Barcode numbers and that the Company will maintain an up-to-date database of all Barcodes that have been granted to and by the Company and the Website.
14.5 The Purchaser or Registered User undertakes to not resell any Artwork, Barcodes, or Intellectual Property issued by the Company or the Website.

14.6 Upon sale of any and all assets by the Purchaser or Registered user or their agent or mandatory, the Company and Website are absolved of any responsibility to keep track of the Barcode validity and information.

14.7 The Purchaser, Registered User, and/or User or third-party are hereby notified and deemed to understand that retailers are not obliged to accept Artwork or Barcodes issued by the Website or the Company. Please make sure the retailer that you seek to deal with accepts these Barcodes before you purchase them.

14.8 The Purchaser, Registered User, and/or User or third-party undertake to notify the Company as soon as is reasonably possible of a retailer failing to accept the Barcodes purchased.

14.9 The Company and the Website undertake to communicate all information regarding your purchases to you as soon as is reasonably possible, provided the contact information of the Purchaser, Registered User, and/or User or third-party is up-to-date

14.9 The Purchaser, Registered User, and/or User or third-party undertakes to notify the Company and the Website within seven (7) days or as soon as is reasonably possible of any and all changes to contact information.

15. CRIMINALITY
15.1 The company reserves all rights in law to prosecute any unauthorized and/or unlawful activities with Intellectual Property including use piracy of Barcodes or Artworks that utilize any materials issued by the Company or the Website.

16. LIMITATION OF LIABILITY
16.1 The Company and the Website will not be liable in terms of any and all damages suffered arising from any interaction with the Company or the Website.
16.2 This includes patrimonial, non-patrimonial, punitive, compensatory, and incidental damages.

17. INDEMNIFICATION
17.1 By making use of the Company or the Website in any capacity you understand and agree that you indemnity the Company and the Website, and all directors, members, agents, contracted workers, and employees harmless for any loss, damage, expenses, liabilities, legal costs, and/or illness or death sustained resulting from use of the Company, the Website, or any affiliates, or your breach of this Agreement.
17.2 The indemnity in this clause shall survive termination of this agreement, and the Purchaser, Registered User, and/or User or third-party will be liable for any outstanding payment or damages. The Purchaser, Registered User, and/or User or third-party may rebut this presumption at their expense.

18. ASSIGNMENT
18.1 You hereby understand and agree that you may not assign, cede, or testate away any rights or obligations incurred under this Agreement.
18.2 The Company and the Website may assign rights and duties under this agreement at any time, including a sale of the Website and its associated content by the Company, and/or the Company itself.

19. JURISDICTIONAL TERMS
19.1 The Purchaser, Registered User, and/or User or third-party understands and agrees that the Company, the Website, and this entire Agreement submit to the jurisdiction of the city of Pretoria in the Republic of South Africa for all legal and non-legal service and purposes.

19.2 The domain name of the Website is not indicative of jurisdiction and will not override clause 19.1 in the event of a conflict of laws.

20. DISPUTE RESOLUTION
20.1 Any and all claims and disputes arising from or relating to the Agreement shall be settled by binding arbitration.
20.2 The Company and the User expressly agree to abide by any and all rules of an arbitration federation to be elected by the Company when a dispute arises, in terms of jurisdictional requirements, or in terms of the jurisdiction of the Republic of South Africa.
20.3 Any decision or award as a result of such arbitration proceedings shall be delivered in writing and shall state reasonable explanations for all decisions.
20.4 All arbitrations shall contain a written record of the hearing.
20.5 In the event that the User or Registered user fails to pay any award, the award will be confirmed by a court order in a competent jurisdiction or the Republic of South Africa.

21. FILE FORMATS
21.1 Barcodes will be provided to Purchasers in a compressed format. This compressed file will contain a copy of this Agreement, a certificate of authenticity, the GS1 General Specifications, a spreadsheet listing your assigned number(s), and a document containing a printed label price list and instructions on how to use your Barcode numbers.
21.2 Artwork and/or Barcodes will be provided in a vector graphics format, which can be re-scaled to any resolution or size in any professional layout program, including but not limited to Adobe Illustrator. Artwork will be provided as a one-and-a-half-inch by one-inch (1.5” x 1”) graphics file, whether in .jpg or vector graphics format.
21.3 The Website advises that the Purchaser print the Barcode numbers and/or Artwork on a laser printer at a resolution of no less than 600 dots per inch, in black ink on a white background to ensure scanners can read the Barcode, and that it is high contrast.

22. RETURN POLICY
22.1 The Company and the Website have a no returns policy, and no completed purchases may be returned or exchanged. Due to the nature of the provided goods, the Website cannot offer a return service. This is in order to ensure that each Barcode sold is unique. Any and all other goods may be returned at the sole direction of the Website and the Company.

23. 115% BEST PRICE GUARANTEE
23.1 The Website will endeavor to undercut all legitimate barcode sellers by 15%.
23.2 Every purchase with the Website comes with a “115% Best Price Guarantee”. This entails that the Website will financially undercut any lower-priced Barcode package from a verified, legitimate barcode reseller by 15%.
23.3 The Website reserves the right to investigate claims made by competitive businesses.
23.4 If the third-party website cannot make the same claims to the Company and the Website, and substantiate them, the Website reserves the right to not honour the “115% Best Price Guarantee”.
23.5 The Company and the Website have high standards and goodwill and only deal with reputable businesses in order to ensure the best support for Users.

24. THE COMPANY AS A VERIFIED, LEGITIMATE BARCODE RESELLER
24.1 The Company and the Website are cognizant of the fraudulent elements within the industry, and endeavor to work with Users to avoid fraud of any kind.
24.2 The Website is a verified, legitimate Barcode reseller.

25. THE “WORKS FOR AMAZON” GUARANTEE
25.1 Despite the efforts of the Company to provide an exceptional customer experience, the Company and the Website cannot guarantee that a third-party will not illegally and fraudulently duplicate/use the barcode numbers that you legally purchased from the Website.
25.2 Should you encounter an issue where your numbers have been fraudulently duplicated and used illegally by a third-party on Amazon.com, the Website will make reasonable efforts to ensure your use of the barcodes on Amazon.com.
25.3 Reasonable efforts include replacing the affected barcodes or offering a refund depending on the percentage of unusable barcodes remaining after verification of the facts.
25.4 While this is strictly an Amazon.com issue, the Company understands that Users expect that barcodes will be immediately usable and cannot be expected to fight an industry giant like Amazon.com without wasting time and money.
25.5 While the Company and the Website continue to make customers the top priority, refunds cannot always be provided due to the nature of the goods and services offered.

26. ADDITIONAL INFORMATION ABOUT AMAZON.COM
26.1 Amazon.com is a private, online Point of Sales system & database website. Due to this, there are potential issues with any barcode used on their system which only applies to Amazon.com and not other retailers. These issues only apply to a very small percentage of Amazon.com users.
26.2 This is not an exhaustive list of the Policies of the Company regarding Amazon.com.
26.3 It is the responsibility of the user to verify specific details with Amazon.com before purchasing any barcodes. Barcodes of any description aside from ISBN will not be usable with books and audiobooks.
26.4 All major brands with known goodwill reserve their supplier agreements with Amazon.com and resultantly the user will not be able to stock merchandise of well-known brands on these websites. GTIN Barcodes as of 2018 are accessible through the Brand Registry Seller Programme for Amazon.com sellers only.
26.5 Please closely read Amazon.com policies and terms to confirm that you will be able to use your Barcodes. The Company and the Website take no responsibility for failure to do due diligence on the part of the User.
26.6 For a more comprehensive list of Amazon.com error codes and issues, please visit the Website’s Amazon.com support page, or contact the Website directly at [email protected].

27. CANCELLATION
27.1 In the event of cancellation of an order, all current and future work on the order will cease immediately and a cancellation charge will be levied proportionately to the Company’s financial loss due to the cancellation.

28. SEVERABILITY
28.1 If any provision of the Agreement is found to be invalid, illegal, unenforceable, or otherwise without the force of law, the validity, legality, binding nature, and enforceability of all remaining provisions shall not in any way be detracted from of affected or impaired.
28.2 Such severed and invalid provision shall only be invalid insofar as it is found to be invalid, illegal, unenforceable, or otherwise without the force of law.

29. ERRORS AND OMISSIONS
29.1 By availing the Website to Users, the Company offers an invitation to enter into a contractual relationship.
29.2 After orders are placed, it remains at the sole discretion of the Company whether a contract will be formed or not, and the User will be notified of this as soon as is reasonably possible by the Website.
29.3 The company shall not be held liable for any omissions that are not reasonably foreseeable, or any latent or user-inflicted defects on the Barcodes or other products.

30. PERPETUAL SILENCE
30.1 Any and all threats of legal action or alternative dispute resolution action against the Company or the Website that are not actioned to the close of pleadings by two (2) years of the commencement of this Agreement will be permanently barred by court order from seeking further action against the Company or the Website.

31. ENTIRE AGREEMENT
31.1 This Terms of Use Agreement and the Privacy Policy incorporated herein constitute the entire agreement between the Purchaser, Registered User, and/or User or third-party you the Company and the Website regarding any goods or services purchased from the Website.
31.2 You understand and agree that there are no other offerings, contracts, understandings, agreements, or representations pertaining to the Company or the Website or any goods or services sold through the Website that are not specified in this Agreement.
31.3 The Purchaser, Registered User, and/or User or third-party understands and agrees to stay up-to-date with updates to this Agreement and to not hold the Company or the Website liable for failure to do so, even through failure caused by gross negligence.

32. CONTACT INFORMATION
32.1 Tomamix (Pty) Ltd.
323 Lynnwood Road
Menlo Park
Pretoria
Gauteng
0081
Email: [email protected]