Terms of Use

Funkyfing (Pty) Ltd — for the Funkyfing kids smartwatch,Funkyfing app and related Services

These Terms of Use (“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 JR2 smartwatch, accessories, the Funkyfing app, software, website, support services, promotional offers and any related services (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.

Notice: Important Terms Affecting Your Rights

Please read this notice before you continue. In accordance with section 49 of the Consumer Protection Act, 2008 (“CPA”), we draw your attention to the fact that these Terms contain provisions that limit the risk or liability of Funkyfing, impose risk or liability on you, require you to indemnify Funkyfing, or constitute your assumption of risk or acknowledgment of a fact. These provisions include, in particular:

·           the location accuracy disclaimers in section 2 (Important Notice) and section 9 (Location Tracking and Safety Zones), which explain that GPS and other location data may be inaccurate, delayed or unavailable at any given time;

·           the wellness / not-a-medical-device disclaimers in section 2 and elsewhere, which explain that the step counter and heart-rate monitor are not medical features;

·           the Limitation of Liability in section 25; and

·           the Indemnity in section 26, under which you agree to compensate Funkyfing for certain claims, including claims arising from your reliance on GPS or wellness data.

Please read these sections carefully before accepting these Terms. Nothing in this notice, or in the sections it refers to, limits or excludes any liability, or requires you to assume any risk or indemnify Funkyfing, in circumstances where the CPA does not permit this — see section 25.

Important Notice

Funkyfing provides a kids’ smartwatch and related app services designed to help parents and guardians stay connected to their children. The Funkyfing JR2 may include features such as calling, messaging, camera, class mode, SOS, location tracking, safety zones, a step counter and a heart-rate monitor, and other features depending on the model and app version.

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

Not a medical device: the step counter and heart-rate monitor are provided for general wellness purposes only. The Funkyfing kids smart watch is not a medical device, is not intended to diagnose, treat, monitor, cure or prevent any disease or condition, and must not be relied upon for medical decisions.

Location accuracy: location tracking, connectivity and app features depend on factors outside Funkyfing’s control, including network coverage, data, GPS signal, device battery, data, building structures, environmental conditions and third-party service providers. The location shown at any given time is an estimate only, may be inaccurate, delayed or unavailable, and we do not guarantee uninterrupted, error-free or perfectly accurate service. See sections 9 and 25 below.

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 or legal guardian and that you have the legal right to provide the child’s personal information to Funkyfing and to authorise use of the watch and app. Under POPIA, a “child” is any natural person under the age of 18 — our Privacy Policy explains how we obtain and record parental consent for every Funkyfing smart watch user on this basis. You are responsible for all activity on your Funkyfing account and for ensuring the child uses the product safely and in accordance with these Terms.

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. The Funkyfing kids smart watch has its own dedicated companion app (the “Funkyfing App”). Features may include, but are not limited to: voice/video calling, family messaging/chat, GPS, route history, safety zones/geofencing, SOS alerts, school/class mode, parental controls, approved contacts, step counter/activity tracker, camera, watch faces/alarms/schedules, SIM/connectivity.

Product descriptions, images, specifications and app screenshots 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.

Use of the Funkyfing App

The Funkyfing App is used to manage and monitor the watch, including pairing the device, managing contacts, viewing location information, setting safety zones, receiving notifications and adjusting settings.

You are responsible for downloading the correct app, keeping your phone and the app updated, loading data, granting the required app permissions, keeping your login details secure, ensuring only authorised persons have access to the parent account, and ensuring your phone’s notification, battery-optimisation and background app settings allow the app to function correctly. Funkyfing is not responsible for loss, missed alerts or delayed notifications caused by your phone settings, app permissions, network conditions or third-party software.

Account Registration and the Device Name

To use the Funkyfing App you will need to create an account and provide information such as your name, contact number, email address, your child’s height, weight and age (used only to calibrate wellness features), and watch or SIM-related information.

The device requires a display name only — it does not need to be, and we recommend it is not, your child’s actual legal name. Choose any name or nickname for the device.

You agree to provide accurate, current and complete information, and to keep your login details confidential. You are responsible for all activity under your account unless caused by Funkyfing’s gross negligence or wilful misconduct. You must notify us immediately if you believe your account, watch or app access has been compromised.

Children’s Use and Parental Responsibility

Funkyfing Products are intended to be managed by parents or guardians. You are responsible for deciding whether the Product is suitable for your child and for explaining to your child how to use it safely, including any SOS or safety-zone functionality. You must ensure the watch is not used to harass, threaten or unlawfully monitor any person, to contact unauthorised persons, or to commit any unlawful act. Funkyfing may suspend or terminate access where we reasonably believe the Product is being misused.

SIM Card and Connectivity

Where a Funkyfing watch is supplied with a pre-installed SIM card, that SIM card and related mobile network services are provided by our mobile network partner, a separate third-party service provider not owned or controlled by Funkyfing. Any issue relating to the SIM, mobile number, RICA registration, airtime, data or network coverage must be raised directly with that network provider. You acknowledge that coverage is not available in all areas, that indoor coverage may be weaker than outdoor, and that poor signal may affect calls, messages, location accuracy and alerts.

Location Tracking and Safety Zones

The Funkyfing kids smartwatch uses GPS, Wi-Fi positioning and/or cellular (network-based) positioning to estimate location. Location information is an estimate and may not always be accurate.

·           The position shown may be an approximate rather than exact position, and the accuracy of GPS, Wi-Fi and cellular positioning differs materially between methods;

·           Accuracy may be affected by buildings, weather, indoor use, battery level, network conditions, software updates or other technical factors, and location data may be inaccurate, delayed or unavailable at any given time;

·           Notifications may be delayed or not delivered;

·           Safety zones and any alert functions are support tools only and are not a guaranteed emergency system;

·           Funkyfing cannot guarantee that a parent, guardian or emergency contact will receive or respond to any alert in time;

·           Funkyfing does not provide private security, emergency dispatch or medical services.

You must never rely solely on the Product’s location data in an emergency. See the indemnity in section 26 below, which applies to your acceptance of these Terms.

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

Orders, Pricing and Payment

All prices are displayed in South African Rand unless stated otherwise and may change without prior notice. The price payable is the price displayed at checkout, 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 error, we suspect fraud, or delivery information is incomplete.

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

Promotions 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.

Pre-Orders

From time to time, Funkyfing may sell Products, including the Funkyfing kids smart watch, 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, customs, supplier or courier delays, 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 a refund before the Product has been dispatched, subject to applicable law and any specific pre-order terms communicated at the time of purchase.

 

Delivery and Shipping

Funkyfing delivers orders in accordance with the Shipping Policy on our website. Delivery times are estimates only. Risk in the Product passes to you on delivery to your nominated address, collection by you, or receipt by your authorised representative. You must inspect the parcel on delivery and notify us promptly of any damage or shortage.

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 our website. Please refer to that policy for full information regarding change-of-mind returns, defective goods, refunds, exchanges, return timeframes, courier costs, product condition requirements, and free gifts or promotional items included with a returned Product.

The 30-day money-back guarantee does not limit or replace any rights you have under the Consumer Protection Act 68 of 2008. This clause must be read together with the full Returns & Guarantee Policy on our website.

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 or scratched screens or broken casing; damage caused by drops, impact or rough handling; liquid damage outside the stated water-resistance rating; damage caused by incorrect chargers or cables; damage caused by misuse, neglect, unauthorised repairs or tampering; normal wear and tear or cosmetic damage; lost or stolen devices; SIM, airtime, data or network-related issues; battery performance reduction due to age or usage and Software or app issues caused by unsupported phones, outdated operating systems, disabled permissions or third-party apps.

Funkyfing may require proof of purchase, photos, videos, app screenshots or other reasonable diagnostic information to assess a warranty claim, and 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, and warranty replacements do not restart the original warranty period unless required by law.

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.

App Updates, Software and Remote Changes

Funkyfing may provide software, firmware or app updates to improve performance, add or remove features, fix bugs or maintain compatibility. Some updates may be required for continued use of the Product. You may not copy, reverse engineer, modify, resell or create derivative works from the Funkyfing app, software or firmware.

Acceptable Use

You may only use Funkyfing Products and Services for lawful, personal and intended purposes. You may not use the Product for unlawful surveillance or to track a person without lawful authority or consent, harass or harm another person, interfere with the operation of the Product or network, or use the Product in a way that violates any applicable law. We may suspend or terminate access if we reasonably believe these rules have been breached.

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 this intellectual property to you.

Content, Photos and Communications

Where a particular Funkyfing model or app feature allows 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.

Privacy and Personal Information

Funkyfing 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, and POPIA treats every natural person under 18 as a child, certain personal information relating to a child is processed when the Funkyfing and its app are used including child profile details (height, weight, age), location data, and step-count and heart-rate data.

When you register a Funkyfing account, we also collect personal information about you as the registering parent or guardian, including your name, contact number and email address. We collect and use this information, together with the child's personal information described above, to create and administer your account, to verify your authority to register and manage a child's use of the Product, to enable the Services, to communicate with you about the Product or Services, and to comply with our legal obligations. We do not use your or your child's personal information for any purpose beyond these without your consent, except as required by law

The Funkyfing App and its supporting infrastructure are hosted outside South Africa, currently by a third-party service provider based in the People’s Republic of China. Full details of this transfer, the safeguards that apply to it, and your rights in relation to it are set out in our Privacy Policy, which forms part of these Terms and must be read together with them.

By purchasing, activating, pairing, registering or using a Funkyfing Product, you confirm that you are the child’s parent or legal guardian, that you have authority to provide the child’s personal information, and that you consent to the international transfer described in our Privacy Policy.

Security

Funkyfing takes reasonable technical and organisational measures to protect personal information and account security. However, no system, app, device or internet transmission is completely secure. You are responsible for using strong passwords, keeping login details private, and reporting suspected unauthorised access promptly.

Third-Party Services

Funkyfing Products and Services depend on third parties, including our network partner, our overseas app-hosting provider, app stores, cloud providers, payment providers and courier companies. Those third parties have their own terms and privacy policies. Funkyfing is not responsible for third-party failures, outages or actions, except to the extent required by law.

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, and subject to section 26 (Indemnity) below, Funkyfing will not be liable for:

·           network failures or lack of coverage, or any SIM, data or billing issue caused by a third-party network provider;

·           inaccurate, delayed or unavailable GPS or other location information;

·           missed, delayed or failed alerts, calls, messages or notifications;

·           any decision made, or action taken or not taken, in reliance on location data, step-count data or heart-rate data generated by the Product;

·           loss caused by a flat battery, inactive SIM, disabled app permissions or incorrect device settings;

·           loss caused by third-party providers, including our overseas hosting provider;

·           indirect, special or consequential loss, or loss of profits, business, data or goodwill;

·           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 advice.

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

Indemnity

To the extent permitted by law, you indemnify and hold harmless Funkyfing, its directors, employees, suppliers, contractors and service providers against any claim, loss, damage, cost or expense arising from or relating to:

·           your breach of these Terms, or misuse of the Product or Services;

·           any reliance on, or decision made or action taken based on, GPS or other location data generated by the Product, given that such data reflects an approximate position only and may be inaccurate, delayed or unavailable at any given time;

·           any reliance on step-count, heart-rate or other wellness data as medical advice, or as a substitute for consulting a qualified healthcare professional, given that the Product is not a medical device;

·           unlawful tracking, monitoring or recording using the Product;

·           use of the Product by your child or any authorised user;

·           incorrect information provided by you, or unauthorised access caused by your failure to secure your account;

·           any unlawful or negligent use of the Product or Services by you or persons under your control.

This clause survives termination of these Terms.

Suspension or Termination

Funkyfing may suspend, restrict or terminate access to the app, account or Services where you breach these Terms, we suspect fraud or unlawful activity, you provide false information, or continued access creates a security, privacy or safety risk. You remain responsible for amounts due up to the date of termination.

Changes to These Terms

Funkyfing may update these Terms from time to time. For material changes, we will notify you by email to your registered account address at least 30 days before the changes take effect, in addition to posting the updated Terms on our website. Your continued use of the Products or Services after the effective date of a change means you accept the updated Terms.

Customer Support

For support, warranty claims or account queries, contact Funkyfing at:

Email: support@funkyfing.com  |  Business address: 185 Nkwe Road, Tierpoort, Pretoria, 0056.

Notices

Funkyfing may send notices to you by email, SMS, WhatsApp, app notification or website notice. You are responsible for keeping your contact details up to date.

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

General

These Terms, together with our Privacy Policy, Shipping Policy, Returns & Guarantee Policy and Warranty Policy, form the whole agreement between you and Funkyfing regarding the Products and Services. If any part of these Terms is found invalid or unenforceable, the remaining provisions continue to apply. You may not transfer your rights or obligations under these Terms without our written consent.

Customer Acceptance

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

·           you are 18 years or older, and are the parent or guardian of the child using the watch;

·           you have authority to provide the child’s personal information, including for the international transfer described in our Privacy Policy;

·           you understand that location tracking is not a guaranteed emergency service, and that GPS and other location data may be inaccurate at any given time, and you accept the indemnity in section 26 on that basis;

·           you acknowledge that section 1 of these Terms (Notice: Important Terms Affecting Your Rights) draws your attention, as required by section 49 of the Consumer Protection Act, 2008, to provisions that limit Funkyfing’s liability, impose risk on you, or require you to indemnify Funkyfing, and that you have read and understood sections 25 (Limitation of Liability) and 26 (Indemnity) before accepting these Terms;

·           you understand that the step counter and heart-rate monitor are wellness features only, that the Product is not a medical device, and that this data must not be relied upon for medical decisions;

·           you accept these Terms and agree to use the Product and Services lawfully and responsibly.