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Terms of Use

Last updated: Wednesday, January 9, 2019

Welcome to Why Toyz, we invite you to read and understand our Terms and Conditions and our Privacy Policy. Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the Why Toyz Services and Products (the "Services") operated by Why Toyz (Pty) Ltd, herein after referred to as “Why Toyz” and any reference to "us", "we", or "our" shall also be a reference to Why Toyz.

Your right to access and use the Why Toyz Website and/or the Why Toyz Worlds and/or the Products and/or Services are conditional on your acceptance of, and compliance with, these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Why Toyz Website and/or the Why Toyz Worlds and/or the Products and/or the Services.

By accessing or using the Why Toyz Website and/or the Why Toyz Worlds and/or the Services and/or the Products you agree to be bound by these Terms and Conditions. If you disagree with any part hereof then you may not access the Why Toyz Website and/or the Why Toyz Worlds and/or the Products and/or the Services.

Why Toyz reserves the right to revise these Terms and Conditions at any time, at its sole discretion and with or without notice, by posting an updated version on the Why Toyz official website. You should visit this page periodically to review the most current Terms and Conditions. By continuing to access or use the Services after updated terms have been posted, you agree to be bound by the updated Terms and Conditions. Certain portions of the Why Toyz Worlds or the Services or the Products may have additional terms and conditions and may require you to agree to such terms and conditions.

  1. Introduction
    1. Why Toyz have prepared a wide range of concepts designed relevant for ages of kids between 3 and 7 years old that can be 3D printed at home or at school. These concepts may assist parents, educators or caregivers in their efforts to develop certain kids’ skills and abilities but do not warrant and/or guarantee that such skills and abilities may be achieved. Why Toyz provide a platform to expose kids to 3D printing and educational concepts in a fun and interesting manner.
    2. The Why Toyz Worlds are offered as a membership based service, including but not limited to, providing assistance and enhancement to educational programmes that parents, educators or caregivers may provide to their children ages 3 to 7 years old.
    3. The Services, the Products and the Why Toyz Worlds are accessible via the Why Toyz responsive Website
    4. The Why Toyz Worlds are designed to be 3D printed by using specific Products recommended by Why Toyz.
    5. The following Terms and Conditions pertain to understanding and making the most of the User’s Membership benefits. These Terms and Conditions constitute an agreement between Why Toyz and the User governing the rights and obligations of both parties each time the User accesses the Why Toyz Worlds and/or the Why Toyz Website and/or the Services and/or the Products.

  2. Interpretation
    1. The singular shall include the plural and vice versa;
    2. One gender shall include the other genders and vice versa;
    3. Natural persons shall include legal and juristic persons and vice versa; and
    4. Where figures are referred to in numerals and in words, if there is any conflict between the two, the words shall prevail.

  3. DEFINITIONS
    1. “Agreement” means these terms and conditions together with the User registration for the Why Toyz Worlds and usage of the Why Toyz Website and/or the Services and/or the Products;
    2. “Authorised Reseller” means a reseller and/or sales agent appointed by Why Toyz to sell the Why Toyz Worlds and/or the Products and/or the Services on behalf of Why Toyz to Users and general public and having an authorisation number.
    3. Business Day”– means any such day that is not a Saturday, Sunday or a Public Holiday;
    4. “Intellectual Property” means the intellectual property rights in the Why Toyz 3D designs, files, videos, articles and content and any updates and/or upgrades;
    5. “Jurisdiction” means the Republic of South Africa, or at the election of Why Toyz, any other country or territory that has jurisdiction in respect of any dispute;
    6. “Liability” means any liability whether in contract, delict (including negligence), product liability, statute, under an indemnity or on any other basis;
    7. “Loss” means damage, loss, cost, expense or liability incurred by a party, whether present or future, fixed or unascertained, actual or contingent;
    8. “Membership Fee” means the monthly consideration payable by the User to Why Toyz for access to Why Toyz Worlds;
    9. “Products” means 3D printers, accessories and filaments that can be procured via the Why Toyz Website and/or Authorised Reseller.
    10. Services” means technical service, training, 3D printed designs, files, videos, articles and content that provides Users with edutainment services;
    11. “Terms and Conditions” means the terms and conditions herein;
    12. “User” means any person who has enrolled in the Why Toyz Worlds as provided in clause 4 and pays the Membership Fee and/or purchased Products and/or Services from a Why Toyz Website or its Authorised Agent;
    13. “Updates and Upgrades” means any update, improvement, development, alteration, modification, addition, enhancement, upgrade or fix;
    14. “Why Toyz” means Why Toyz Pty Limited (a company incorporated under the company laws of South Africa with registration number 2017/533006/07) with a head office at 149 Senior Drive, Northcliff 2195, Gauteng;
    15. “Why Toyz Website” means the website at www.whytoyz.com;
    16. “Why Toyz Worlds” means the 3D designs, 3D ready printed files and edutainment concepts containing Why Toyz’ Intellectual Property that Users can access via a secure login and 3D print using a 3D printer recommended by Why Toyz.

  4. Enrolment
    1. The following requirements need to be complied with to enrol as a User of the Why Toyz Worlds:
      1. completing the sign up form on the Why Toyz Website; and
      2. paying the Membership Fee for Why Toyz Worlds via credit or debit card to Why Toyz.

  5. Conditions of use
    1. The use of the Products and/or Services and/or the Why Toyz Worlds shall be at the User’s own initiative and risk
    2. Why Toyz and/or the Authorised Agent:
      1. merely provides access to the Products and/or Services and/or Why Toyz Worlds;
      2. makes no representations, gives no warranty of any kind, express or implied, regarding the suitability of the Why Toyz Worlds and/or the Services and/or Products to the Users and accepts no Liability of any nature, including for any Loss arising from his/her use of the Why Toyz Worlds and/or the Services and/or Products.
      3. Why Toyz or the Authorised Agent accept no responsibility, financial or otherwise, for the misuse of the Why Toyz Worlds and/or the Services and/or Products and are not liable for any personal loss or injury or any consequential loss through the use of the Why Toyz Worlds and/or the Services and/or Products
    3. Transactions processed within the Republic of South Africa may reflect the entry 'Why Toyz' on Users bank statements.
    4. Transactions processed outside of the Republic of South Africa and for the rest of the world may reflect the entry Sorted Technology on Users bank statements.
    5. Only a User can make use of the Why Toyz Worlds.
    6. Membership to the Why Toyz Worlds will be at the sole discretion of Why Toyz.
    7. Why Toyz may require you to provide proof of identity to create your account, or to access or use the Why Toyz Worlds and/or the Services and/or Products and you acknowledge and agree that you may be denied access or use of the Why Toyz Worlds and/or the Services if you refuse to provide such proof.
    8. The Why Toyz Worlds and/or the Services and/or Products are not available to any User previously removed from the Why Toyz Worlds and/or the Services and/or Products by Why Toyz.
    9. The User accepts that by participating in the Why Toyz Worlds and/or the Services and/or Products, and subject to clause 5.10, Why Toyz will send to the User at its sole discretion, various marketing communications and updates pertaining to the Why Toyz Worlds and/or the Services and/or Products.
    10. Should the User not wish to receive these communications or updates he/she must inform Why Toyz by contacting the Why Toyz on support@whytoyz.com, or by using the “opt out” link on the Why Toyz Website in which event Why Toyz, as the case may be, shall then refrain from sending them.
    11. The User will be required to pay a monthly Membership fee to access the Why Toyz Worlds. This fee is also set out on the Why Toyz Website and may vary from time to time.
    12. The User can cancel his/her Membership to the Why Toyz Worlds at any time by requesting cancellation and sending an email to accounts@whytoyz.com.
    13. If the User cancels his/her Membership to the Why Toyz Worlds, his / her recurring credit card debit order will also be cancelled.
    14. If the User cancels his/her Membership to the Why Toyz Worlds within 5 (five) Business Days of applying to join the Why Toyz Worlds, his / her Membership Fee will be refunded.
    15. The Membership fee to the Why Toyz Worlds will be reviewed annually by Why Toyz, who are entitled to determine the Membership Fee at their sole discretion. The User will be notified of any changes to these fees within 30 days of such changes being effected.
    16. Why Toyz shall have the right to suspend or deregister the User from the Why Toyz Worlds by giving him/her prior notice of 30 (thirty) days in the event of any of the following:
      1. non-payment of the Membership Fee;
      2. using the Why Toyz World for commercial purposes;
      3. in the event of a User committing any act of fraud or not complying with any of the Terms and Conditions.
    17. Why Toyz reserves the right to change the criteria for suspension or deregistration at any time by giving the User 7 (seven) days’ prior notice.
    18. Why Toyz shall be entitled, in any case other than envisaged by clause 5.17, and at their discretion, to terminate the Why Toyz Worlds or the User’s access thereto at any time, and shall notify the User of its decision by giving the User prior notice of 30 (thirty) days.
    19. Why Toyz shall have no Liability, nor be liable for any Loss, expenses, claim(s) or damage, whether direct, indirect or consequential, arising from the use of the Why Toyz Worlds and/or Services and/or Products and the User accordingly indemnifies Why Toyz against all and any Loss , expenses, claim(s) damages or liability.
    20. The User hereby warrants that he/she has the required legal capacity to enter into and be bound by this Agreement.
    21. Why Toyz reserves the right to amend the Terms and Conditions at any time on 30 days’ notice to the Users. In such event Users have the right to cancel their Membership with no notice and no penalty should the terms of the new Terms and Conditions not be agreeable to them, provided they notify Why Toyz in writing within 30 days of being notified of such change.
    22. It is the responsibility of the User to inform Why Toyz of any changes in his/her personal details.
    23. Why Toyz and the User agree to act in good faith.

  6. Rules
    1. You agree not to engage in any of the following prohibited activities:
      1. copying, modifying, adapting, distributing, selling or using any part of the Why Toyz Worlds and/or Services and/or Products in any medium, including but not limited to design files, images, any form of printed model, videos for any commercial purpose or the benefit of any third party of in any manner not permitted by these Terms and Conditions;
      2. attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Why Toyz Worlds or otherwise decompile, dissemble, reverse engineer or hack the Why Toyz Worlds or Services or Products or Why Toyz Website or any software running the Why Toyz Worlds or Services or Products or Why Toyz Website;
      3. transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Why Toyz Worlds or the Why Toyz Website or the Services or the Products except as expressly permitted in these Terms and Conditions.
      4. collecting or harvesting any personally identifiable information, including account names, from the Why Toyz Website;
      5. using the Why Toyz Worlds and/or Services and/or Products for any commercial solicitation purposes;
      6. impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;
      7. accessing any content on the Why Toyz Worlds and/or Services and/or Products through any technology or means other than those provided or authorised by Why Toyz;
      8. bypassing, removing, deactivating, impairing, descrambling, removing or otherwise circumventing the measures Why Toyz may use to prevent or restrict access to the Why Toyz Worlds and/or Service and/or Products, including without limitation, features that prevent or restrict use or copying of any content or enforce limitations on use of the Why Toyz Worlds and/or Services and/or Products or the content therein;
      9. Why Toyz may, without prior notice, change the Why Toyz Worlds and/or Services and/or Products; stop certain features, to an individual User or to Users generally; or create usage limits for the Why Toyz Worlds.
      10. The User may use mobile data in connection with the usage of the Why Toyz Website and/or Why Toyz Worlds and/or the Service and/or Products and may incur additional charges from his/her wireless provider for these services. The User agrees that he/she is solely responsible for any such charges.
      11. Why Toyz hereby grants the User a non-exclusive, non-transferable, revocable license to use a compiled copy of the Why Toyz Worlds’ design files for one Why Toyz account owned or leased solely by such User, for his/her personal use.
      12. Should a User submit any proprietary information, suggestions or materials via e-mail or our website, Why Toyz is not obligated to compensate him/her for such submissions, which will become the property of Why Toyz. By submitting such materials, you release your proprietary, intellectual property and all other rights.
      13. A User is required to pay the full price for any Service or Product or Why Toyz World including all the applicable taxes and other charges as displayed on the Why Toyz Website.

  7. Accounts
    1. When the User creates an account with Why Toyz, he/she must provide information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms and Conditions, which may result in immediate termination of his/her account with the Why Toyz Worlds.

  8. Delivery, Refunds and Exchanges
    1. The User is responsible for safeguarding the password that he/she uses to access the Why Toyz Worlds.
    2. The User agrees not to disclose his/her password to any third party. He/she must notify Why Toyz immediately upon becoming aware of any breach of security or unauthorised use of his/her account.
    3. The User may not use as a user name the name of another person or entity, or any name that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity without appropriate authorisation, or a name that is otherwise offensive, vulgar or obscene.

  9. Delivery, Refunds and Exchanges
    1. All Products purchased from Why Toyz or its Authorised Agent shall be delivered to the place of delivery designated by the User.
    2. At present Why Toyz operates in the Republic of South Africa. The User shall be responsible for any additional shipping costs or additional charges or permits should he/she request any type of express or expedited courier or shipping services or international delivery involving customs, import duties and taxes linked to such an order.
    3. A User may return a Product to Why Toyz within thirty (30) days of purchase from Why Toyz Website or Authorised Agent if such Product is unopened, unused and in its original condition for a full refund, less any applicable shipping costs or other charges. Should Why Toyz not be satisfied upon completion of its inspection and review and determine that the Product was tempered with, then the User shall not receive his/her full refund and/or exchange.
    4. The User shall contact support@whytoyz.com and present a copy of the original receipt of purchase together with the explanation of the reason for return and refund or exchange.
    5. Why Toyz is responsible for the Product only once it arrives safely at the Why Toyz head office address being 149 Senior Drive, Northcliff 2195, Gauteng. The User may decide to use Why Toyz’ shipping agent in the Republic of South Africa that will collect the Product at the User’s stipulated address and deliver such Product to Why Toyz head office. Why Toyz will be responsible for these shipping costs. Should the User choose his/her own shipping agent then the User will be solely responsible for such costs including any insurance cover. Users are responsible to ensure that the Product is safely packed when collecting by the shipping agent. Users outside the Republic of South Africa will be solely responsible for all shipping costs for returns and exchanges, customs, import duties and taxes.

  10. Warranty
    1. Should the Why Toyz purchased Product fail during normal and proper use within the warranty period being 12 months from the date of purchase from Why Toyz Website or its Authorised Agent, Why Toyz will provide Users with free replacement part together with technical support to fix the issue or remote after-sales support.
    2. Why Toyz will endeavour to repair or replace only the defective parts with new or reconditioned parts of products that are functionally equivalent or superior to those originally supplied.
    3. If a part is repaired or replaced during the warranty period, the warranty period still remaining for the entire Product will apply to this part.
    4. Certain parts that are relevant to specific Products such as 3D printers are excluded from this warranty. These include: build tape, nozzle, build plate, acrylic cover, SD card, USD stick, USB cable, filament, filament spool and spool holder.
    5. In terms of Products the following is not covered by the warranty period:
      1. Altered, broken warranty car or altered, removed, canceled device series number;
      2. Out of warranty period;
      3. Over 400 working hours for the 3D printer;
      4. Product that has been tempered with, repaired, and/or modified by non-authorised personnel;
      5. Damage(s) caused by improperly or incorrectly performed modifications, alterations or repair;
      6. Damage(s) caused by improper installation, use or operation;
      7. Damage(s) due to operation under improper environment including but not limited to electrical cables/chargers/outlets/output/input, room temperature and other working conditions;
      8. Damage(s) caused by abuse (overloading working), misuses;
      9. Damage(s) caused by using unauthorised spare parts;
      10. Damage(s) used by using poor-quality filament (Why Toyz specific filament is suggested)
      11. Damage(s) caused by using unauthorised 3rd party software;
      12. Damage(s) caused by improper maintenance (damp, mildew or expose to extreme weather);
      13. Normal wear and tear including scratches and nicks;
      14. Damage(s) caused by force majeure (such as lightning strike, fire, earthquake, floods, civil disturbance or war, or any other event beyond human control).

  11. Intellectual Property
    1. Why Toyz Worlds and the Services and Why Toyz Website, including all its features and functionality are and shall at all times remain the exclusive Intellectual Property of Why Toyz. Why Toyz trademarks and trade dress, trade names may not be used in connection with any product or service without the prior written consent of Why Toyz.
    2. It is not allowed to modify, publish, transmit, create derivative works, or in any way exploit any of the content of the Why Toyz Website without express written permission from Why Toyz. Anyone who downloads the content from the Why Toyz Website or the Why Toyz Worlds
    3. Anyone who downloads the content from the Why Toyz Website or the Why Toyz Worlds without a written permission or a valid license shall be liable for any damages resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from any uploading, downloading or submission.

  12. Links to other websites
    1. The Why Toyz Website may contain links to third-party web sites or services that are not owned or controlled by Why Toyz.
    2. Why Toyz has no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that neither Why Toyz shall be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of, or reliance on, any such content, goods or services available on or through any such web sites or services, whether such loss or damage is direct, indirect or consequential.
    3. Why Toyz strongly advises you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

  13. Limitations of liability
    1. Why Toyz accepts no liability of any nature for any loss for any reason. In no event shall Why Toyz or their directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:
      1. your access to or use of or inability to access the Why Toyz Worlds or Services or Products;
      2. any content obtained from the Why Toyz Worlds and/or Services;
      3. unauthorised access, use or alteration of your transmissions or content, whether based on warranty, contract, delict (including negligence) or any other legal theory, whether or not Why Toyz has been informed of the possibility of such damage, and even if a remedy set f orth herein is found to have failed in its essential purpose.
    2. You hereby indemnify Why Toyz and agrees to keep them indemnified against all and any claims of any nature herein.
    3. Why Toyz assumes no responsibility, nor will be liable for any damages to, or any viruses or malware that may infect your computer, telecommunication equipment, or other property caused by or arising from Your access to, use of, browsing or downloading any information from the Why Toyz Website or You using Why Toyz Worlds.

  14. Disclaimer
    1. Use of the Why Toyz Worlds and/or Why Toyz Website and/or Services and/or Products is at your sole risk and provided on an "AS IS" and "AS AVAILABLE" basis. The Why Toyz Worlds and Services and Products are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or performance.
    2. Why Toyz makes no representation or warranties about the accuracy, reliability, completeness, or timeliness of the content on the Why Toyz Website or the Why Toyz Worlds or with regards to the Products.
    3. Why Toyz and the Authorised Agents, affiliates, and/or their licensors provide no warranty that:
      1. the Why Toyz Worlds or Services or Products will function uninterrupted or be secure or available at any particular time or location;
      2. any errors or defects will be corrected;
      3. the Why Toyz Worlds or Services or Products are free of viruses or other harmful components; or
      4. the results of using the Why Toyz Worlds and/or Services and/or Products will meet your requirements.

  15. Privacy
    1. Privacy policy Why Toyz has built the Why Toyz Worlds and Services with your privacy and security in mind. To keep you informed of its privacy practices, Why Toyz will periodically publish a privacy policy that is incorporated by reference into this Agreement. You can view the privacy policy on the Why Toyz Website. Why Toyz may update its privacy policy in its sole discretion. Any amendments to the privacy policy will be posted on the Why Toyz Website. Please periodically review our website for changes to the privacy policy.
    2. Why Toyz may gather information related to the use of the Why Toyz Worlds or Services or Products. This information may include private data. Why Toyz may use this information to provide the Services and share this information with others, improve their products, track geographical data, or enforce the terms of this Agreement. Why Toyz may disclose the collected information if required or permitted by law, or in response to a subpoena or other legal process. In order to promote awareness, detection and prevention of Internet security risks, Why Toyz may share certain information with research organisations and other vendors.
    3. Opt-Out You agree that Why Toyz may communicate with you via email and any similar technology for any purpose relating to the Why Toyz Wolrds or Services or Products. Why Toyz occasionally sends out informational emails about their Products and Services. You may ‘opt-out’ of receiving this information by emailing support@whytoyz.com. If you do not opt out then your acceptance of this Agreement will constitute your affirmative consent to receiving marketing and promotional material from Why Toyz.

  16. Governing law
    1. These Terms and Conditions shall be governed and construed in accordance with the laws of the Republic of South Africa, without regard to its conflict of law provisions.
    2. The failure of Why Toyz to enforce any right or provision of these Terms and Conditions will not be considered a waiver of those rights. If any provision of these Terms and Conditions is held to be invalid or unenforceable by a court, the remaining provisions of these Terms and Conditions will remain in effect. These Terms and Conditions constitute the entire agreement between Why Toyz and You regarding the Why Toyz Worlds and/or the Services and/or the Products, and supersede and replace any prior agreements they might have with You.

  17. Changes
    1. Why Toyz reserves the right, at their sole discretion, to modify or replace these Terms and Conditions at any time. If a revision is material they will try to provide at least 30 days’ notice prior to any new terms taking effect. Any matter that may constitute a material change will be determined at the sole discretion of Why Toyz.
    2. By continuing to access or use the Why Toyz Worlds and/or the Services and/or the Products after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Why Toyz Worlds and/or the Services and/or the Products.
    3. Why Toyz reserves the right at all times without notice to conduct updates and upgrades of the Why Toyz Website and Why Toyz Worlds and the Services and the Products.


If you have any questions about these Terms and Conditions, please contact us at support@whytoyz.com.