Terms of service

These Terms and Conditions (“Terms”) are an agreement between you, the customer, parent, guardian, account holder or user (“you”, “your” or “Customer”) and Funkyfing Pty Ltd (“Funkyfing”, “we”, “us” or “our”).

These Terms apply to your purchase and use of any Funkyfing product, including the Funkyfing kids’ smartwatch, accessories, pre-installed SIM card, the Funkyfing mobile application, software, website, support services, promotional offers and any related services collectively referred to as the “Products” or “Services”.

By purchasing, activating, pairing, registering, using or allowing your child to use a Funkyfing watch, the Funkyfing App or any related Service, you confirm that you have read, understood and accepted these Terms.

If you do not agree to these Terms, you must not use the Funkyfing Products or Services.

1. Important Notice

Funkyfing provides a kids’ smartwatch and related app services designed to help parents and guardians stay connected to their children without giving them a cellphone.

The Funkyfing watch may include features such as voice calls, video calls, messaging, GPS location tracking, safety zones, SOS alerts, parental controls, class mode, activity tracking and other features depending on the model purchased.

Funkyfing is not a substitute for adult supervision, emergency services, responsible parenting, professional security services or medical advice.

Location tracking, connectivity, calls, notifications and app features depend on various factors outside Funkyfing’s control, including but not limited to network coverage, cellular data availability, GPS signal, device battery level, building structures, environmental conditions, SIM status, app permissions, mobile phone settings and third-party service providers.

We do not guarantee uninterrupted, error-free or perfectly accurate service.

2. Legal Age and Authority

You must be at least 18 years old to purchase, register, activate or manage a Funkyfing account.

If the watch is used by a child, you confirm that you are the child’s parent, legal guardian or authorised caregiver and that you have the legal right to provide the child’s personal information to Funkyfing and to authorise the use of the watch and app.

You are responsible for all activity on your Funkyfing account and for ensuring that the child uses the Product safely and in accordance with these Terms.

3. Product Description and Features

Funkyfing sells kids’ smartwatches and related accessories. Product features may vary depending on the watch model, app version, software updates, network provider and country of use.

Features may include, but are not limited to:

Voice and video calling;
Family messaging or chat features;
GPS location tracking;
Route history or location playback;
Safety zones or geofencing;
SOS alert functionality;
School or class mode;
Parental control settings;
Approved contact management;
Step counter, activity tracker or other wellness-related features;
Camera;
Watch faces, alarms, schedules, reminders or other device settings;
SIM or connectivity support where applicable.

Product descriptions, images, colours, specifications, app screenshots and features on our website, advertisements or social media are provided for general information. While we make reasonable efforts to keep this information accurate, minor differences may occur.

We may update, improve, remove or change certain software or app features from time to time.

4. Use of the Funkyfing App

The Funkyfing App is used to manage and monitor the Funkyfing watch. The app may allow parents or guardians to pair the watch, manage contacts, view location information, set safety zones, manage school mode, receive notifications, adjust settings and access other supported features.

You are responsible for:

Downloading the correct app;
Keeping your mobile phone and app updated;
Granting the required app permissions;
Keeping your login details secure;
Ensuring that only authorised persons have access to the parent or guardian account;
Ensuring that emergency contacts and approved contacts are correct;
Checking that the watch is properly charged, connected and paired;
Ensuring that your phone’s notification, battery optimisation and background app settings allow the app to function correctly.

Some phones may require additional permissions for notifications, background operation, location services or self-start permissions. If these permissions are not enabled, certain app features may not work correctly.

Funkyfing is not responsible for loss, missed alerts, delayed notifications or service issues caused by your phone settings, app permissions, network conditions, operating system restrictions or third-party software.

5. Account Registration and Security

To use the Funkyfing App or related Services, you may need to create an account and provide information such as your name, contact number, email address, child profile details, watch identification details and SIM-related information.

You agree to provide accurate, current and complete information.

You must keep your login details confidential. You are responsible for all activity that occurs under your account unless caused by Funkyfing’s gross negligence or wilful misconduct.

You must notify Funkyfing immediately if you believe your account, watch or app access has been compromised.

We may suspend or restrict access to an account if we reasonably suspect unauthorised use, fraud, abuse, unlawful activity, breach of these Terms or risk to a child’s safety or privacy.

6. Children’s Use and Parental Responsibility

Funkyfing Products are intended to be managed by parents, guardians or authorised caregivers.

You are responsible for deciding whether the Product is suitable for your child. You must explain to your child how to use the watch safely, including the SOS feature, calling features, camera, messaging and location-related functionality.

You must ensure that the watch is not used to:

Harass, threaten, bully or unlawfully monitor any person;
Record, photograph or share content unlawfully;
Invade another person’s privacy;
Contact unauthorised persons;
Commit fraud or any unlawful act;
Interfere with school rules, exam conditions or other restricted environments;
Misuse emergency or SOS functions.

Funkyfing may suspend or terminate access where we reasonably believe the Product or Services are being misused.

7. Pre-Installed Melon Mobile SIM Card and Connectivity

Funkyfing watches are supplied with a pre-installed Melon Mobile SIM card.

The Melon Mobile SIM card and related mobile network services are provided by Melon Mobile and/or its network partners. Melon Mobile is a separate third-party service provider and is not owned or controlled by Funkyfing.

Any issues relating to the SIM card, mobile number, RICA, activation, airtime, data, mobile network coverage, SIM suspension, SIM billing, Melon account, Melon app, mobile plan, or mobile service must be raised directly with Melon Mobile.

Funkyfing is not responsible for Melon Mobile service failures, network downtime, weak signal, lack of coverage, SIM activation delays, SIM suspension, data depletion, billing issues, mobile number issues or any other Melon Mobile-related issue, except to the extent required by law.

You acknowledge that:

Coverage is not available in all areas;
Indoor coverage may be weaker than outdoor coverage;
Video calling and location tracking require data;
Poor signal may affect calls, messages, location accuracy and SOS alerts;
Network outages may occur;
The SIM card may require activation, RICA registration, airtime, data, subscription payments or other steps required by Melon Mobile;
Some features may not work if the SIM is inactive, suspended, blocked, not RICA’d or out of data.

Funkyfing may assist with general guidance where possible, but Melon Mobile remains responsible for Melon Mobile services.

8. Location Tracking, Safety Zones and SOS Alerts

The Funkyfing watch may use GPS, Wi-Fi positioning, cellular tower positioning or other available location methods.

Location information is an estimate and may not always be accurate. Accuracy may be affected by buildings, weather, tunnels, indoor use, network conditions, battery level, app settings, device settings, SIM status, software updates or other technical factors.

Safety zones, geofencing and SOS alerts are support tools only. They are not guaranteed emergency systems.

You acknowledge that:

Location may sometimes show a nearby or approximate position rather than the child’s exact position;
Notifications may be delayed or not delivered;
SOS alerts depend on the watch being charged, switched on, connected and within network coverage;
The child must know how to use the SOS function correctly;
Funkyfing cannot guarantee that emergency contacts will receive or respond to alerts;
Funkyfing does not provide private security, emergency dispatch or medical services.

In an emergency, you must contact the appropriate emergency services directly.

9. Battery, Water Resistance and Device Care

Battery life depends on usage, signal strength, call duration, video calls, GPS refresh frequency, screen brightness, app settings, age of the battery and charging habits.

Water resistance, where applicable, does not mean waterproof. Unless expressly stated otherwise in the product description, the watch should not be used for swimming, bathing, showering, diving, hot water, salt water, steam rooms or prolonged water exposure.

You must follow all care instructions provided by Funkyfing. Damage caused by misuse, physical impact, cracked screens, liquid damage, charging damage, unauthorised repairs, neglect or failure to follow instructions may not be covered by warranty.

10. Orders, Pricing and Payment

All prices are displayed in South African Rand unless stated otherwise.

Prices may change from time to time without prior notice. The price payable is the price displayed at checkout when you place your order, subject to obvious errors.

We may cancel or refuse an order where:

Payment is not received;
The product is out of stock;
There is a pricing or product information error;
We suspect fraud or abuse;
Delivery information is incomplete or incorrect;
The order breaches these Terms.

You are responsible for ensuring that your payment details, billing details and delivery details are correct.

11. Promotions, Discounts and Special Offers

Promotions, discount codes, bundle offers, pre-order offers, free gifts, referral offers or ambassador offers are subject to the specific terms communicated with that offer.

Unless stated otherwise:

Promotions cannot be exchanged for cash;
Promotions cannot be combined with other offers;
Discount codes must be used before checkout is completed;
Free gifts are subject to availability;
We may substitute a free gift with a similar item of reasonable value if necessary;
Promotions may be withdrawn, extended or changed at Funkyfing’s discretion, subject to applicable law.

If a Product purchased with a free gift is returned for a refund, the free gift must also be returned unused and in its original condition. If the free gift is not returned, Funkyfing may deduct the reasonable value of the free gift from any refund, where permitted by law.

12. Pre-Orders

From time to time, Funkyfing may sell Products on a pre-order basis.

A pre-order means the Product is not immediately available for dispatch and will be shipped once stock arrives.

Estimated shipping dates are estimates only and may change due to manufacturing delays, customs delays, supplier delays, courier delays, stock shortages or other circumstances beyond our control.

We will make reasonable efforts to keep customers informed of material delays.

If you no longer wish to wait for a delayed pre-order, you may request cancellation and refund before the Product has been dispatched, subject to applicable law and any specific pre-order terms communicated at the time of purchase.

13. Delivery and Shipping

Funkyfing delivers orders in accordance with the Shipping Policy available on the Funkyfing website.

Delivery times are estimates and may be affected by courier delays, public holidays, stock availability, incorrect delivery details, remote areas or circumstances beyond our control.

You are responsible for ensuring that the delivery address, contact number and delivery details provided at checkout are accurate and complete.

Risk in the Product passes to you once the Product is delivered to your nominated delivery address, collected by you, or received by your authorised representative.

You must inspect the parcel on delivery and notify us as soon as reasonably possible if the parcel is damaged, incomplete or incorrect.

Please refer to the Shipping Policy on our website for full delivery terms, timeframes, costs, courier information and related shipping conditions.

14. Returns, Refunds and 30-Day Money-Back Guarantee

Funkyfing offers a 30-day money-back guarantee, subject to the terms, conditions and exclusions set out in our separate Returns & Guarantee Policy available on the Funkyfing website.

Please refer to the Returns & Guarantee section on our website for full information regarding:

The 30-day money-back guarantee;
Change-of-mind returns;
Defective goods;
Refunds;
Exchanges;
Return timeframes;
Courier costs;
Product condition requirements;
Warranty-related returns;
Free gifts or promotional items included with a returned Product.

The 30-day money-back guarantee does not limit or replace any rights that you may have under the Consumer Protection Act, 68 of 2008, or any other applicable law.

This clause must be read together with the full Returns & Guarantee Policy on our website.

15. 1-Year Manufacturing Warranty

Funkyfing provides a 1-year manufacturing warranty from the date of purchase, unless a different period is expressly stated in writing at the time of purchase.

The warranty covers manufacturing defects in materials or workmanship under normal use.

The warranty does not cover:

Physical damage, including cracked screens or broken casing;
Damage caused by drops, impact, pressure or rough handling;
Liquid damage or water damage outside the stated water-resistance rating;
Damage caused by charging with incorrect chargers or cables;
Damage caused by misuse, neglect or failure to follow instructions;
Damage caused by unauthorised repairs, opening the device or tampering;
Normal wear and tear;
Scratches, cosmetic damage or strap wear;
Lost or stolen devices;
SIM, airtime, data, Melon Mobile or network-related issues;
Battery performance reduction due to age, usage or charging habits;
Software or app issues caused by unsupported phones, outdated operating systems, disabled permissions or third-party apps;
Any defect caused by use outside South Africa unless expressly supported.

Funkyfing may require proof of purchase, photos, videos, app screenshots, error messages, device details or reasonable diagnostic information to assess a warranty claim.

Where required, the Product may need to be returned for inspection.

If the Product is found to have a valid manufacturing defect during the warranty period, Funkyfing may repair, replace or refund the Product as required by law.

Replacement Products may be new, refurbished or equivalent in function, where permitted by law.

Warranty replacements do not restart the original warranty period unless required by law.

16. Non-Warranty Replacements and Repairs

Where a Product is not covered by warranty, Funkyfing may, at its discretion, offer a paid repair, replacement, discounted replacement or other support option.

Any such offer is goodwill-based and does not create an obligation for Funkyfing to provide the same solution in future cases.

Funkyfing may refuse repairs or replacements where the device has been tampered with, modified, opened, repaired by unauthorised persons, damaged beyond repair or used unlawfully.

17. App Updates, Software and Remote Changes

Funkyfing may provide software, firmware or app updates to improve performance, add features, remove features, fix bugs, improve security or maintain compatibility.

Some updates may be required for continued use of the Product or App.

You agree that Funkyfing may remotely update or modify software, settings or app functionality where reasonably necessary.

Funkyfing is not liable if features stop working because you fail to install updates, use unsupported software, use an unsupported phone or interfere with the Product’s software.

You may not copy, reverse engineer, modify, sell, rent, licence, distribute, hack, tamper with or create derivative works from the Funkyfing App, software or firmware.

18. Acceptable Use

You may only use Funkyfing Products and Services for lawful, personal and intended purposes.

You may not:

Use the Product or Services for unlawful surveillance;
Use the Product to track a person without lawful authority or consent;
Harass, threaten, abuse or harm another person;
Attempt to gain unauthorised access to another account or device;
Interfere with the operation of the Product, App, SIM or network;
Use the SIM card in an unauthorised device if prohibited by Melon Mobile;
Resell, commercially exploit or modify the Product or Services without written permission;
Upload, transmit or share unlawful, harmful, abusive or inappropriate content;
Use the Product in a way that violates school rules, privacy rights, child protection laws or any applicable law.

We may suspend or terminate access if we reasonably believe these rules have been breached.

19. Intellectual Property

All Funkyfing trademarks, logos, designs, images, product names, software, app content, website content, text, graphics, videos, photographs, manuals, packaging, branding and other intellectual property belong to Funkyfing or its licensors.

You may not copy, reproduce, distribute, modify, use or exploit Funkyfing’s intellectual property without prior written permission.

Purchasing a Product does not transfer ownership of Funkyfing’s intellectual property to you.

20. Content, Photos and Communications

The watch and app may allow photos, voice notes, messages, contact details or other content to be created, stored, sent or received.

You are responsible for ensuring that any content created or shared using the Product is lawful and appropriate.

Funkyfing is not responsible for user-generated content created, sent or received by you, your child or approved contacts, except to the extent required by law.

We may access, preserve or disclose account information or content where required by law, to protect a child’s safety, to investigate abuse, to enforce these Terms, to respond to legal process or to protect Funkyfing, customers or third parties.

21. Privacy and Personal Information

Funkyfing respects your privacy and processes personal information in accordance with the Protection of Personal Information Act, 4 of 2013 (“POPIA”).

Because Funkyfing Products are intended for use by children, certain personal information relating to a child may be processed when the Funkyfing watch and App are used. This may include information such as child profile details, device information, location data, contact settings, call or message-related information, app usage information and support information.

By purchasing, activating, pairing, registering or using a Funkyfing Product or Service, you confirm that you are the child’s parent, legal guardian or authorised caregiver and that you have the authority to provide and manage the child’s personal information.

For full details on how Funkyfing collects, uses, stores, shares, protects and deletes personal information, please refer to the Privacy Policy available on the Funkyfing website.

The Privacy Policy forms part of these Terms and must be read together with these Terms.

22. Security

Funkyfing takes reasonable technical and organisational measures to protect personal information and account security.

However, no system, app, device, wireless network or internet transmission is completely secure.

You are responsible for:

Using strong passwords;
Keeping login details private;
Controlling who has access to the parent app;
Removing access for unauthorised persons;
Keeping your phone secure;
Reporting suspected unauthorised access promptly.

Funkyfing is not liable for loss caused by your failure to secure your account, phone, password or authorised users, except to the extent required by law.

23. Third-Party Services

Funkyfing Products and Services may depend on third parties, including Melon Mobile, network providers, SIM providers, app stores, cloud hosting providers, payment providers, courier companies, software providers, map services and device manufacturers.

Those third parties may have their own terms and privacy policies.

Funkyfing is not responsible for third-party failures, outages, delays, pricing changes, terms, policies or actions, except to the extent required by law.

24. Limitation of Liability

Nothing in these Terms limits or excludes liability where it would be unlawful to do so, including your rights under the Consumer Protection Act or liability caused by Funkyfing’s gross negligence, fraud or wilful misconduct.

To the maximum extent permitted by law, Funkyfing will not be liable for:

Network failures or lack of coverage;
Melon Mobile service failures, SIM issues, data issues or billing issues;
Inaccurate or delayed GPS/location information;
Missed, delayed or failed SOS alerts;
Missed, delayed or failed calls, messages or notifications;
Loss caused by a flat battery, inactive SIM, disabled app permissions or incorrect settings;
Loss caused by third-party providers;
Loss, theft or unauthorised use of the watch;
Damage caused by misuse, neglect, impact, water exposure or unauthorised repair;
Indirect, special or consequential loss;
Loss of profits, business, data, goodwill or opportunity;
Emotional distress, inconvenience or anxiety, except where liability cannot be excluded by law;
Any use of the Product as a substitute for adult supervision, emergency services, private security or medical care.

Where Funkyfing is liable and the law allows limitation, Funkyfing’s total liability will be limited to the amount you paid for the affected Product or Service.

25. Indemnity

To the extent permitted by law, you indemnify and hold Funkyfing, its directors, employees, suppliers, contractors and service providers harmless against claims, losses, damages, costs or expenses arising from:

Your breach of these Terms;
Misuse of the Product or Services;
Unlawful tracking, monitoring, recording or communication;
Use of the Product by your child or authorised users;
Incorrect information provided by you;
Unauthorised access caused by your failure to secure your account;
Violation of another person’s privacy or rights;
Any unlawful or negligent use of the Product or Services by you or persons under your control.

This clause survives termination of these Terms.

26. Suspension or Termination

Funkyfing may suspend, restrict or terminate access to the App, account, Services or support where:

You breach these Terms;
We suspect fraud, abuse or unlawful activity;
The Product or SIM is used improperly;
You provide false information;
We are required to do so by law or a service provider;
Continued access creates a security, privacy, safety or operational risk;
You abuse, threaten or harass Funkyfing staff, contractors or representatives.

You remain responsible for amounts due up to the date of termination.

Termination does not affect rights or obligations that arose before termination.

27. Changes to These Terms

Funkyfing may update these Terms from time to time.

The latest version will be posted on our website or made available through another reasonable method.

Where required by law, we will give reasonable notice of material changes.

Your continued use of the Products or Services after changes are published means you accept the updated Terms.

If you do not agree to the updated Terms, you must stop using the Products and Services.

28. Customer Support

For support, warranty claims, app assistance, setup help or account queries, please contact Funkyfing through:

Email: support@funkyfing.com
WhatsApp: +27 75 107 6196
Website: www.funkyfing.com
Business address: 185 Nkwe Road, Tierpoort, Pretoria, 0056

Funkyfing may request proof of purchase, order number, photos, videos, device details, SIM details, app screenshots or diagnostic steps before assisting with a support request.

For Melon Mobile SIM card, mobile network, RICA, airtime, data, mobile number or Melon account issues, please contact Melon Mobile directly.

29. Notices

Funkyfing may send notices to you by email, SMS, WhatsApp, app notification, website notice or other contact details provided by you.

You are responsible for keeping your contact details up to date.

Notices to Funkyfing must be sent to the official contact details listed in these Terms or on our website.

30. Governing Law and Disputes

These Terms are governed by the laws of the Republic of South Africa.

The parties will first try to resolve any dispute in good faith through customer support or written communication.

If a dispute cannot be resolved, either party may refer the matter to an appropriate South African court, tribunal, ombud, regulator or dispute resolution body with jurisdiction.

Nothing in these Terms prevents a consumer from approaching the Consumer Goods and Services Ombud, National Consumer Commission, Information Regulator or any other body where permitted by law.

31. General

These Terms, together with our Privacy Policy, Shipping Policy, Returns & Guarantee Policy, including our 30-day money-back guarantee, Warranty Policy and any specific promotion terms, form the whole agreement between you and Funkyfing regarding the Products and Services.

If any part of these Terms is found to be invalid or unenforceable, the remaining provisions will continue to apply.

Funkyfing’s failure to enforce any right does not mean that we waive that right.

You may not transfer your rights or obligations under these Terms without Funkyfing’s written consent.

Funkyfing may transfer or assign its rights and obligations where reasonably necessary as part of business operations, restructuring, sale of business, supplier arrangements or legal compliance.

32. Customer Acceptance

By purchasing, activating, pairing, registering, accessing or using a Funkyfing Product or Service, you confirm that:

You are 18 years or older;
You are the parent, guardian or authorised caregiver of the child using the watch;
You have authority to provide the child’s personal information;
You understand that the watch comes with a pre-installed Melon Mobile SIM card and that Melon Mobile service issues must be dealt with directly with Melon Mobile;
You understand that location, SOS and connectivity features are not guaranteed emergency services;
You accept these Terms;
You agree to use the Product and Services lawfully and responsibly.