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Terms and Conditions
Last Updated: Sept 28, 2016
Tsogo, a business of Saratoga Trading Company, LLC and/or its affiliates ("Tsogo") provide website features and other products and services to you when you visit or shop at Tsogo or use Tsogo products or services. Tsogo provides these services subject to the following conditions.
By using tsogo.com, you agree to these conditions. Please read them carefully.
We offer a wide range of Tsogo services, and sometimes additional terms may apply. When you use a Tsogo Service (for example, Your Account, Gift Cards, My Wishlist) you also will be subject to the guidelines, terms and agreements applicable to that Tsogo Service ("Service Terms"). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.
When you use any Tsogo Service, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you in a variety of ways, such as by e-mail, text, or by posting notices and messages on this site or through the other Tsogo Services, such as our My Account. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included in or made available through any Tsogo Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Tsogo or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Tsogo Service is the exclusive property of Tsogo and protected by U.S. and international copyright laws.
Tsogo names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Tsogo, Inc. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Tsogo Service are trademarks or trade dress of Tsogo in the U.S. and other countries. Tsogo's trademarks and trade dress may not be used in connection with any product or service that is not Tsogo's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Tsogo. All other trademarks not owned by Tsogo that appear in any Tsogo Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Tsogo.
License and Access
Subject to your compliance with these Conditions of Use and your payment of any applicable fees, Tsogo or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of Tsogo Services. This license does not include any resale or commercial use of any Tsogo Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Tsogo Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Tsogo or its licensors, suppliers, publishers, rightsholders, or other content providers. No Tsogo Service, nor any part of any Tsogo Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Tsogo. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Tsogo without express written consent. You may not use any meta tags or any other "hidden text" utilizing Tsogo's name or trademarks without the express written consent of Tsogo. You may not misuse Tsogo Services. You may use Tsogo Services only as permitted by law. The licenses granted by Tsogo will terminate if you do not comply with these Conditions of Use or any Service Terms.
If you use any Tsogo Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Tsogo does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use Tsogo Services only with involvement of a parent or guardian. Tsogo reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
Reviews, Comments, Communications and Other Content
Visitors may post reviews, comments, photos, and other content; send e-mails and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Tsogo reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Tsogo a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Tsogo and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Tsogo for all claims resulting from content you supply. Tsogo has the right but not the obligation to monitor and edit or remove any activity or content. Tsogo takes no responsibility and assumes no liability for any content posted by you or any third party.
Tsogo respects the intellectual property of others. We will promptly process and investigate notices of alleged infringement by third parties and will take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (the "DMCA"), where applicable.
Pursuant to the DMCA, notifications of claimed copyright infringement by third parties should be sent to Tsogo's Designated Agent. If you believe that your copyrighted work has been infringed under U.S. copyright law and is accessible on this Site, please notify us by contacting our Designated Agent. Even if you believe that the alleged infringing work was not posted by a third party, please send all notifications of claimed copyright infringement to Tsogo's Designated Agent listed below.
To be effective under the DMCA, notification of claims of copyright infringement by third parties must be a written communication to Tsogo's Designated Agent that includes the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Tsogo to locate the material;
Information reasonably sufficient to permit Tsogo to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Tsogo’s Designated Agent for notice of claims of copyright infringement can be reached as follows:
14015 S Minuteman Dr
Draper, UT 84020
This contact information is only for reporting claims of copyright infringement. Contact information for other matters is provided elsewhere on this Site.
Upon receipt of a valid notification of alleged copyright infringement by a third party, Tsogo shall remove or disable access to the material identified in the notice, forward the written notification to the alleged infringer, and take reasonable efforts to notify the alleged infringer that it has removed or disabled access to this material.
You should be aware that, under the DMCA, claimants who make misrepresentations concerning copyright infringement may be liable for any damages, including costs and attorneys' fees, incurred by the alleged infringer or by Tsogo, if injured by relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
If a notice of copyright infringement has been filed against you, you may file a counter notification with the Designated Agent at the address listed above.
To be effective, a counter notification must be a written communication provided to Tsogo's Designated Agent that includes the following:
A physical or electronic signature;
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located and that you will accept service of process from the complainant who provided the original notification or an agent of such person or entity.
If Tsogo receives a valid counter notification, it shall provide the complainant with a copy of the counter notification, inform the complainant that it will replace the removed material or cease disabling access to it in 10 to 14 days from receipt of the counter notification, and replace the removed material or cease disabling access to it in 10 to 14 business days, provided that Tsogo has not received notice from the complainant that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to the material on Tsogo's system.
You should be aware that the DMCA provides substantial penalties for a false counter notice filed in response to a notice of copyright infringement. Claimants who make misrepresentations in their the counter notification statement may be liable for any damages, including costs and attorneys' fees, incurred by any copyright owner or copyright owner's authorized licensee, or by Tsogo, if injured by relying upon such misrepresentation in replacing the removed material or ceasing to disable access to it.
Risk of Loss
All items purchased from Tsogo are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Returns, Refunds and Title
By purchasing through Tsogo.com, you acknowledge that you agree to Tsogo's Return and Cancellation Policy.
Tsogo does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, Tsogo does not take title to the refunded item. For more information about our returns and refunds, please see our Return Policy.
Tsogo attempts to be as accurate as possible. However, Tsogo does not warrant that product descriptions or other content of any Tsogo Service is accurate, complete, reliable, current, or error-free. If a product offered by Tsogo itself is not as described, your sole remedy is to return it in unused condition.
While Tsogo strives to provide accurate pricing information, pricing, typographical, or photographic errors may occur. Tsogo cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price due to an error in pricing, Tsogo shall have the right, at Tsogo's sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is mispriced, Tsogo may, at Tsogo's discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
With respect to items sold by Tsogo, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by Tsogo is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
Parties other than Tsogo operate stores, provide services, or sell product lines through Tsogo Services. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. Tsogo does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
Disclaimer of Warranties and Limitation of Liability
Product information accessed through this website is obtained from claims made by the product's manufacturer. Please note that, on occasion manufacturers may alter their labels so actual product packaging and materials may contain different information than that shown on our web site, thus we cannot guarantee or ensure the accuracy, completeness or timeliness of any product information. We recommend that you do not solely rely on the information presented and that you always read labels, warnings, and directions before using or consuming a product. For additional information about a product, please contact the manufacturer. Tsogo assumes no liability for inaccuracies or misstatements about products. Customer reviews are provided for informational purposes only. Customer reviews reflect the individual reviewer's results and experiences only and are not verified or endorsed by Tsogo.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
The Tsogo plastic Gift Cards and eGift Cards ("Gift Cards") are not returnable or refundable for cash except in states where required by law. Resale of gift cards is strictly prohibited.
The balance on any plastic Gift Card is solely the liability of Saratoga Trading Company, Inc. (DBA Tsogo). The balance on any eGift Card is solely the liability of Saratoga Trading Company, Inc. (DBA Tsogo).
The Tsogo Gift Cards may be used as personal or business gifts, but may not be used in connection with any marketing, advertising or other promotional activities (including without limitation via websites, Internet advertisements, email, telemarketing, direct mail, newspaper and magazine advertisements, and radio and television broadcasts) unless you obtain Tsogo's prior written approval. Such approval shall be conditioned on, among other things, execution of and compliance with Tsogo's standard gift card license agreement.
Use of Tsogo's name, logo, trade dress or trademarks (or those of any of its subsidiaries or affiliates) in connection with the purchase or use of Tsogo gift cards is strictly prohibited. Furthermore, the use of Tsogo gift cards in any manner that states or implies that any person, website, business, product or service is endorsed or sponsored by, or otherwise affiliated with, Tsogo or any of its subsidiaries or affiliates is prohibited.
By purchasing a Tsogo gift cards, you are certifying and representing to Tsogo that the activities in connection with which the gift card will be used will comply with these terms and conditions and all applicable laws, rules and regulations, and that the gift cards will not be used in any manner that is misleading, deceptive, unfair or otherwise harmful to consumers or Tsogo. In addition, you agree to defend and indemnify Saratoga Trading Company, Inc. (DBA Tsogo) and its subsidiaries and affiliates from and against any claims, expenses or liabilities made against or incurred by any of them in connection with your use of the Tsogo Gift Cards or violation of any of these Terms & Conditions.
If your gift card is lost or stolen, immediately call customer service at 1-800-773-5331. Your gift card will be cancelled and we will issue a new one with the remaining balance. Lost or stolen gift cards cannot be replaced without the original receipt. Tsogo and its affiliates shall have no liability to you for (i) lost or stolen Gift Cards or (ii) use of any Gift Cards by third parties through your Tsogo account.
Tsogo reserves the right to provide free or discounted gift cards as giveaway items or as a promotional item. These gift cards have the same terms and conditions as gift cards described above. However, promotional gift cards may have an expiration date, delayed activation date or may be subject to additional restrictions as provided on the promotion item itself or packaging or other written material that accompany such promotional gift cards.
By using any Tsogo Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Utah, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Tsogo.
Site Policies, Modification and Severability
We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Delivery and Shipping Policy
SHIPPING IN THE CONTIGUOUS USA
Tsogo wants to make health simple, easy and affordable! That's why we offer low cost, flat rate shipping on all orders to the contiguous United States.
All Orders - Flat Rate $2 Shipping
Delivery time will depend on your location in the United States (see map below). However, most purchases will take 2 - 5 business days to arrive.
Most orders currently ship out of our warehouse within a few days. At the time of shipment, you will be e-mailed a FedEx or OnTrac tracking number so you can track your shipment.
SHIPPING TO ALASKA OR HAWAII
We can ship to Alaska and Hawaii. However, orders must be placed over the phone and actual shipping costs apply. Please call 1-877-TSOGO-55 for a shipping quote or to place your order.
If you have any questions regarding our shipping policy or your order please do not hesitate to contact us! Call us at 1-877=TSOGO-55 or e-mail us at firstname.lastname@example.org or click the "chat now" button above to chat with a live representative. Thank you!