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Terms and Conditions
Terms and Conditions (Replace Terms of Use)
1. Introduction
1.1. This website can be accessed at www.skullcandyshop.co.za , related mobi-sites and software applications, all are referred to as (the “Website”).
1.2. These Website Terms and Conditions (“Terms and Conditions”) govern the ordering, sale and delivery of Products, and the use of the Website.
1.3. These Terms and Conditions are binding and enforceable against every person that accesses or uses this Website (“you”, “your” or “user”), including without limitation each user who registers as contemplated below (“registered user”). By using the Website and by creating a user profile, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.
1.4. The Website enables you to shop online for a variety of tech and non-tech accessories (hereinafter the “Products”).
2. Notices
2.1. These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”) and/or the Electronic Communications and Transactions Act 25 of 2002 ( the “ECTA”).
2.2.This website is operated by Gammatek (Proprietary) Limited (“Gammatek”), who have been granted the rights to operate a Skullcandy website with a South African domain by Skullcandy International GmBH, in terms of a website usage agreement.
2.2. These Terms and Conditions contain provisions which -
a) may limit the risk or liability of Gammatek or a third party; and/or
b) may create risk or liability for the user; and/or
c) may compel the user to indemnify Gammatek or a third party; and/or
d) serves as an acknowledgement, by the user, of a fact.
2.3. Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.
2.4. If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask Gammatek to explain it to you before you accept the Terms and Conditions or continue using the Website.
2.5. Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or Gammatek in terms of the CPA and/or the ECTA, whichever is applicable.
2.6. Gammatek permits the use of this Website subject to the Terms and Conditions. By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to the Terms and Conditions.
3. Registration and use of the website
3.1. Only registered users may order Products on the Website.
3.2. To register as a user, you must provide a unique username and password and provide certain information and personal details to Gammatek. You will need to use your unique username and password in order to purchase Products.
3.3. You agree and warrant that your username and password shall:
a) be used for personal use only; and
b) not be disclosed by you to any third party.
3.4. For security purposes you agree to enter the correct username and password whenever ordering Products, failing which you will be denied access.
3.5. You agree that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, you will be liable for payment of such order, except where the order is cancelled by you in accordance with these Terms and Conditions.
3.6. You agree to notify Gammatek immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm.
3.7. By using the Website, you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.
3.8. You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Website. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorised Gammatek representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).
3.9. You may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.
3.10. You may not in any way display, publish, copy, print, post or otherwise use the Website and/or the information contained therein without the express prior written consent of an authorised Gammatek representative.
4. Sales and Availability of Stock
4.1. Registered users may place orders for Products, which Gammatek may accept or reject. Whether or not Gammatek accepts an order depends on the availability of Products, correctness of the information relating to the Products (including without limitation the price) and receipt of payment or payment authorisation by Gammatek for the Products.
4.2. You may cancel an order at any time provided you do so before receiving a dispatch or delivery notice. After delivery or your collection of the Products, you may return the Products only in accordance with the Returns Policy. (https://www.skullcandyshop.co.za/returns)
4.3. You acknowledge that stock of all Products on offer is limited and that pricing may change at any time without notice to you. In the case of Products for sale by Gammatek, Gammatek will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are discontinued on the Website. However, we cannot guarantee the availability of stock. When Products are no longer available after you have placed an order, Gammatek will notify you and you will be entitled to a refund of any amount already paid by you for such Products
4.4. Any Products purchased may not be used for the purpose of resale. Should we suspect that any such Products are being purchased for resale, we are entitled to cancel your order immediately on notice to you and refund to you the purchase price of the Products.
5. Payment
5.1. We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
5.2. In respect of payment the following QR Code payment methods are available on the Skullcandy website:
•Zapper
• MTN Momo
5.3. Credit card, Debit card or EFT: where payment is made by credit card, debit card or EFT, we may require additional information in order to authorise and/or verify the validity of payment. In such cases we are entitled to withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation your order for the Products will be cancelled.
5.4. You warrant that you are fully authorised to use the credit card / debit card supplied for purposes of paying for the Products. You also warrant that your credit card / debit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website.
6. Delivery of Products
6.1. The delivery of Products will take place via Courier.
6.2. For more information about delivery, please see our Shipping and Delivery section, which are incorporated into these Terms by reference. Our delivery charges are subject to change at any time, without prior notice to you, so please check the applicable delivery charges in your cart when you check out.
6.3. Where Gammatek accepts your order, Gammatek will process your order once we receive confirmation of successful payment.
6.4. Gammatek’s obligation to deliver a Product to you is fulfilled when we deliver the Product to the physical address nominated by you for delivery of the order. Gammatek is not responsible for any loss or unauthorised use of a product after it has delivered the product to the physical address nominated by you.
6.5. In respect of Delivery coupons, should you be provided with a delivery coupon in terms of any campaigns and/or promotions on the site, the Delivery coupon shall only be applied to one complete purchase and shall be valid for one delivery thereof.
7. Use and Redemption of Gift Cards
7.1. This gift card can be redeemed online only at www.skullcandyshop.co.za
7.2. The gift card is valid for 3 (three) years from date of issue and must be utilised within this period.
7.3. In the event that the gift card is lost and/or stolen, neither Gammatek nor any of its agents will be liable for any reimbursement of any nature whatsoever.
7.4. The usage of the gift card is solely at the risk and discretion of the customer.
7.5. The gift card can be applied to any item. If the total value of your purchase exceeds the value of the gift card used, the balance is required to be paid using any of the available payment methods on www.skullcandyshop.co.za .
7.6. The gift card may not be used for any illegal transactions.
7.7. Misuse of the gift card constitutes fraud and may lead to prosecution.
7.8. This gift card may not be refunded, exchanged or sold for cash or credit.
7.9. Purchase authorisation will be declined if these terms and conditions are breached.
7.10. The amount registered on the gift card will not accrue any interest.
7.11. Exchange and/or return of products purchased in whole or in part with the gift card will be governed by the procedures and policies of Gammatek and the applicable law.
7.12. At the time of any exchange or return, you must present both the receipt and the gift card confirmation/number.
8. Changes to these Terms and Conditions
8.1. Gammatek may, in its sole discretion, change any of these Terms and Conditions at any time. It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes. Should you not be satisfied, you must not place any further orders on, or in any other way use, the Website.
8.2. Any such change will only apply to your use of this Website after the change is displayed on the Website. If you use the Website after such amended Terms and Conditions have been displayed on the Website, you will be deemed to have accepted such changes.
9. Disclaimer
9.1. The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website.
9.2. Whilst Gammatek takes reasonable measures to ensure that the content of the Website is accurate and complete, Gammatek makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website. If any such representations or warranties are made by Gammatek representatives, Gammatek shall not be bound thereby.
9.3. Gammatek disclaims liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Website and/or any content therein unless otherwise provided by law.
9.4. Although Products sold from the Website may, under certain specifically defined circumstances, be under warranty, the Website itself and all information provided on the Website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.
10. Limitation of liability
10.1. Gammatek cannot be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website, save where such liability arises from the gross negligence or wilful misconduct of Gammatek, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors by way of our customer care team.
10.2. Gammatek shall not be liable for any direct, indirect, incidental, special or consequential loss or damages which might arise from your use of, or reliance upon, the Website or the content contained in the Website; or your inability to use the Website, and/or unlawful activity on the website and/or any linked third party website.
10.3. You hereby indemnify Gammatek against any loss, claim or damage which may be suffered by yourself or any third party arising in any way from your use of this website and/or any linked third-party website.
11. Governing law and jurisdiction
11.1. These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like, instituted by either party against the other, arising from any of these Terms and Conditions.
11.2. In the event of any dispute arising between you and Skullcandy, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Gauteng Division) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
11.3. Nothing in this clause 11 or the Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA and/or the ECTA, whichever is applicable.
Safety
Listening to audio at excessive volumes can cause permanent hearing damage.
USE AS LOW VOLUME AS POSSIBLE
Over exposure to excessive sound levels can damage your ears resulting in permanent noise-induced hearing loss (NIHL). Please use the following guidelines established by the Occupational Safety Health Administration (OSHA) on maximum time exposure to sound pressure levels before hearing damage occurs.
90 dB SPL
at 8 hours
95 dB SPL
at 4 hours
100 dB SPL
at 2 hours
105 dB SPL
at 1 hour
110 dB SPL
at ½ hour
115 dB SPL
at 12 minutes
120 dB SPL
Avoid, or damage may occur
SAFE USE & HAZARD WARNINGS
Keep this product and its accessories out of reach of children. Handling or use by children may pose a risk of death or serious injury. Contains small parts and cords that may pose a risk of choking or strangulation. Failure to use, clean, or maintain earphone sleeves and nozzles according to manufacturers instructions may increase the risk of sleeves detaching from the nozzle and becoming lodged in your ear. If a sleeve becomes lodged in your ear, SEEK SKILLED MEDICAL ASSISTANCE TO REMOVE THE SLEEVE. Damage to the ear may be caused by non-professionals attempting to remove the sleeve. Do not use when a failure to hear your surroundings could be dangerous, such as when driving, biking, walking, or jogging where traffic is present. Use a slow twisting motion to remove the earphones. Never pull on the earphone cord. Prior to inserting the earphone, always recheck the sleeve to make sure it is firmly attached to the nozzle. Turn up the volume control only far enough to hear properly. Ringing in the ears may indicate that the volume level is too high. Try lowering the volume. If you connect these earphones to an airplane's sound system, listen at low levels so that loud messages from the pilot do not cause discomfort. Have your hearing checked by an audiologist on a regular basis. If you experience wax buildup, discontinue use until a medical professional has examined your ears. Stop using the earphones if they are causing great discomfort or irritation.
Skullcandy Desktop Application Terms & Conditions and End User License Agreement
IMPORTANT – PLEASE READ CAREFULLY:
This End-User License Agreement (this "Agreement") is a legal agreement between Skullcandy, Inc., a Delaware corporation (“Skullcandy”, “we”, “us”, or “our”) and you, a user (“you” or “your”) of our desktop application product, as further described below and/or on the website page on which such product is available for download (the “Application” or “App”).
PLEASE READ THIS LICENSE AGREEMENT CAREFULLY BEFORE USING THE SKULLCANDY DESKTOP APPLICATION. BY CLICKING THE “ACCEPT” BUTTON ASSOCIATED WITH THIS AGREEMENT OR BY DOWNLOADING, INSTALLING, COPYING, OR OTHERWISE USING THE APPLICATION TO WHICH THIS AGREEMENT RELATES, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THE PROVISIONS OF THIS AGREEMENT, YOU MAY NOT INSTALL, COPY, OR USE, AND YOU MUST IMMEDIATELY DELETE ALL COPIES OF, THE APPLICATION FROM YOUR DEVICE.
DESCRIPTION OF APPLICATION. Skullcandy offers for download, both for payment and free of charge, this Application, which enables you to utilize certain functionality and perform certain tasks related to sound output from one or more associated electronic devices.
GRANT OF LICENSE. Provided that you have complied with, and that you continue to comply with, all of the provisions of this Agreement, Skullcandy hereby grants to you a limited, non-transferrable, and non-exclusive right to install, run, access and use the Application in object code form only for the purposes described in this Agreement or otherwise as may be instructed or described by Skullcandy in writing.
RESERVATION OF RIGHTS AND OWNERSHIP; THIRD PARTY CONTENT. Skullcandy reserves all rights related to the App that are not expressly granted to you in this Agreement. The Application is protected by copyright and other intellectual property laws and treaties. As between Skullcandy and you, Skullcandy owns all title in and to the Application, including without limitation all copyright and other intellectual property rights in the Application. You shall not remove, conceal or otherwise modify any copyright, trademark or other proprietary notice or source identifier contained in or associated with the Application. We cannot and do not guarantee access to information or other content belonging to any third party which is accessible by you through the Application, the website from which the App is being downloaded, or otherwise.
USAGE RESTRICTIONS. You shall not, and you shall not permit any other person, directly or indirectly, to:
(A) sell, resell, transfer, assign, distribute, copy, publish, transmit, distribute, create derivative works of or otherwise disseminate, exploit or make available any portion or all of the Application;
(B) reverse engineer, decompile, modify, translate or disassemble any portion or all of the Application including without limitation any of its underlying ideas, algorithms or structure, or use any portion of or all of the Application to create new applications, programs, products or services;
(C) make the Application available over a network where it could be used by multiple devices at the same time;
(D) remove or otherwise modify any trademarks, service names, graphics, designs, logos, page headers, button icons, scripts, commercial markings, and trade dress appearing through the Application (including without limitation trademarks “SKULLCANDY”, “CRUSHER”, etc.) or any other Trademark (as hereinafter defined) which indicates that a source of goods or services are the property of their respective owners; or
(E) display the name, logo, trademark or other identifier of any individual or entity (except for Skullcandy) in such a manner as to give the viewer the impression that
such other individual or entity is a publisher or distributor of the Application.
NO OTHER USE. The Application is intended solely for your personal use as described in this Agreement or otherwise as may be instructed or described by Skullcandy in writing. You shall not sell, lease, charge fees for access to or any use of, the Application.
TERMINATION. If you fail to comply with any of the provisions of this Agreement, you shall no longer use the Application and you shall permanently delete all copies of the Application from your device or which otherwise are then in your possession.
DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE APPLICATION IS AT YOUR OWN RISK.
(A) THE APPLICATION IS PROVIDED “AS IS”, “AS AVAILABLE” AND WITH ALL FAULTS. SKULLCANDY INCLUDING ANY PARENT, SUBSIDIARY OR AFFILIATED ENTITY OF SKULLCANDY, AND ANY OF THEIR PRINCIPALS, SHAREHOLDERS, DIRECTORS, OFFICERS, MEMBERS, MANAGERS, LICENSORS, SUPPLIERS, EMPLOYEES, CONTRACTORS, AGENTS OR REPRESENTATIVES (COLLECTIVELY, THE “SKULLCANDY PARTIES”) HEREBY DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, RELIABILITY OR AVAILABILITY, ACCURACY OR COMPLETENESS, QUALITY, SAFETY, SUITABILITY, WORKMANLIKE EFFORT, LACK OF VIRUSES, LACK OF NEGLIGENCE, THAT THE APPLICATION WILL PERFORM IN ANY PARTICULAR FASHION, OR PRODUCE ANY PARTICULAR RESULT, THAT THE APPLICATION WILL BE COMPATIBLE WITH OR WORK WITH THIRD PARTY DEVICES OR SERVICES, OR OTHERWISE ARISING OUT OF OR RELATED TO THE USE OF THE APPLICATION BY YOU OR ANY OTHER PERSON.
(B) THE SKULLCANDY PARTIES ALSO ARE NOT RESPONSIBLE FOR THE PROVISION OF ANY SUPPORT OR ANY OTHER SERVICES, OR THE FAILURE TO PROVIDE SUPPORT OR ANY OTHER SERVICES, IN CONNECTION WITH OR RELATED TO THE APPLICATION.
(C) THERE ARE INHERENT RISKS IN THE DOWNLOADING AND USING OF ANY SOFTWARE, AND SKULLCANDY CAUTIONS YOU TO MAKE SURE THAT YOU COMPLETELY UNDERSTAND THE POTENTIAL RISKS BEFORE DOWNLOADING, INSTALLING OR OTHERWISE USING THE APPLICATION. THE SKULLCANDY PARTIES WILL NOT BE LIABLE FOR ANY DAMAGES THAT YOU OR ANY THIRD PARTY MAY
SUFFER IN CONNECTION WITH OR RELATED TO YOUR DOWNLOADING, INSTALLING, UNINSTALLING, MODIFYING OR OTHERWISE USING THE APPLICATION.
(D) NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SKULLCANDY OR A SKULLCANDY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SKULLCANDY OR ANY OF THE OTHER SKULLCANDY PARTIES BE LIABLE FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, (INCLUDING WITHOUT LIMITATION FOR LOST PROFITS, BUSINESS OR GOODWILL, OR FOR ANY ANTICIPATED LOST PROFITS, BUSINESS OR GOODWILL, FOR LOSS OF CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING THAT OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER MONETARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR RELATED TO YOUR USE OF THE APPLICATION (OR YOUR INABILITY TO USE THE APPLICATION) OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT.
(A) THE FOREGOING SHALL APPLY WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY, FAULT, BREACH OF WARRANTY, BREACH OF CONTRACT OR OTHERWISE, EVEN IF SKULLCANDY OR ANY OF THE OTHER SKULLCANDY PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(B) NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER INVOLVING THE APPLICATION (INCLUDING, WITHOUT LIMITATION, ANY OF THE DAMAGES REFERENCED HEREIN), THE ENTIRE LIABILITY OF THE SKULLCANDY PARTIES COLLECTIVELY, AND YOUR EXCLUSIVE REMEDY HEREUNDER, SHALL BE LIMITED TO ONE THOUSAND DOLLARS ($1000) IF YOU ARE PAYING SKULLCANDY FOR USE OF THE APP, OR ONE HUNDRED DOLLARS ($100) IF YOU ARE USING THE APP FREE OF CHARGE. THIS LIMITATION OF LIABILITY PROVISION IS INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THIS AGREEMENT HAVE PROVEN INEFFECTIVE.
(C) You acknowledge that over exposure to excessive sound levels can damage your ears resulting in permanent noise-induced hearing loss, as described in the Skullcandy Safety Information available through our website at
https://info.skullcandy.com/ . You expressly acknowledge that Skullcandy and the Skullcandy Parties will not be liable for any personal injury resulting from use of the Application to produce excessive sound levels.
INDEMNITY. You shall indemnify, defend and hold Skullcandy and each of the other Skullcandy Parties harmless from and against any and all threatened or actual claims, actions, suits and demands and any and all resulting losses, liabilities, damages, expenses and costs, including without limitation reasonable attorneys’ fees and disbursements, which arise in connection with or which are related to (a) your breach of this Agreement, including without limitation your use of the Application in any manner not expressly permitted hereunder, (b) your negligence or misconduct, or (c) your violation of any law or regulation.
PRIVACY. Skullcandy views the protection of your privacy as an important responsibility. The terms regulating the handling of personally identifiable information (“Personal Information”) and other information submitted by you in connection with the App is described in the Skullcandy Privacy Policy (the “Privacy Policy”) available through our website at https://info.skullcandy.com/. By using the App, you consent to the collection and use of your Personal Information by us as well as all other information as described in the Privacy Policy.
GOVERNING LAW. This Agreement shall be governed and construed in accordance with the laws of the State of Utah and all claims arising out of or relating to this Agreement, or the breach thereof, whether sounding in contract, tort or otherwise, shall likewise be governed by the laws of the State of Utah. The Parties agree to exclusive jurisdiction over and venue of any suit in which an injunction is sought arising out of or relating to this Agreement in the state and federal courts of Salt Lake City, Utah.
ARBITRATION. Any dispute arising out of or relating to your use of the Application or otherwise related to this Agreement, including without limitation regarding any breach hereunder, shall be finally resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitration will be conducted in the City of Salt Lake City, Utah. The award of the arbitrator will be final and binding on you and us, and will be accompanied by a statement of the reasons upon which the award is based, and such statement as well as all information concerning such an arbitration proceeding including without limitation all evidence and materials submitted by you or us shall be kept strictly confidential by you and us.
DIVISION OF COSTS. You shall pay for your own legal costs and expenses involved in any such arbitration, including without limitation reasonable attorneys’ fees, and we shall pay for all of our costs and expenses.
NO CLASS CLAIMS. NO ARBITRATION OR CLAIM UNDER THIS AGREEMENT SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. Notwithstanding the foregoing, either party may apply to any federal or state court sitting in the State of Utah for injunctive relief or enforcement of this arbitration provision or for a breach of any party’s ownership rights in and to the Application, without breach of this arbitration provision.
TIMELY FILING OF CLAIMS. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM, SUIT OR ACTION THAT YOU MAY HAVE AGAINST ANY OF THE SKULLCANDY PARTIES ARISING UNDER OR RELATED TO THIS AGREEMENT MUST BE BROUGHT BY YOU PURSUANT TO
THIS SECTION 11 AND WITHIN ONE (1) YEAR AFTER THE DATE ON WHICH THE EVENT UNDERLYING SUCH CLAIM OCCURRED OR IS ALLEGED TO HAVE OCCURRED.
SEVERABILITY. If any provision of this Agreement is held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision, it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.
NON-PREEMPTION. This Agreement does not preempt or supersede any other agreements between the parties. This Agreement applies in addition to any other such agreements.
MISCELLANEOUS. This Agreement and any written instructions related to the App which are provided by Skullcandy constitute the entire agreement between you and Skullcandy relating to the Application, and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Application or any other subject matter covered by this Agreement. To the extent the terms of any Skullcandy policies or programs conflict with the terms of this Agreement, the terms of this Agreement shall control. The failure of Skullcandy at any time to require performance by you of any provision of this Agreement shall in no way affect Skullcandy’s right to enforce such provisions, nor shall the waiver by Skullcandy of any breach of any provision of this Agreement be taken or held to be a waiver of any further breach of the same provision.
CONTACT US. If you have any questions about our Application, please contact us at Attn: Legal Department 6301 North Landmark Drive, Park City, UT 84098 USA
Patent Information
The following Skullcandy® products are protected by patents in the United States and elsewhere. This website is provided to satisfy the virtual patent marking provisions of various jurisdictions including Section 16 of the America Invents Act. Additional patents not listed may be registered in non-US territories, or otherwise pending in the US and elsewhere.Additional United States patent application and non-US patents may cover these products.Last Updated 10-6-2016
FIX/FIX IN-EAR/METHOD
8,515,1159,055,365
D624,057D656,129D728,533D761,533D761,760
SOUNDMINE
D758,989
SHRAPNEL
D758,336
GRIND
D757,6806
NAVIGATOR/KNOCKOUT
D677,241
AVIATOR
D650,356D665,776D665,777
CASSETTE
D673,1369,100,745
MERGE
D673,140
INK’D 2.0
D674,372
HESH 2.0
D674,372D683,717
CRUSHER
D685,759D701,193
PLYR
D148,617D693,793
SLYR
D689,464D699,216
HESH 2.0
D674,372D683,717
SMOKIN BUDS 2
D701,197
AIR RAID
D733,682
Vulnerability Reporting Process
Reporting security issuesSkullcandy takes security seriously. If you believe you have discovered a vulnerability on Skullcandy owned websites or mobile or desktop applications made by Skullcandy, or have a security incident to report, please email us at security.issues@skullcandy.com
What we would like from you
Please write reports in English whenever possible and provide a detailed technical description of the steps required to reproduce the vulnerability, including a description of any tools needed to identify or exploit the vulnerability. Images, screen captures, and other documents may be attached to reports. Reports may include proof-of-concept code that demonstrates exploitation of the vulnerability. Please embed into non-executable file types any scripts or exploit code shared.
Skullcandy is committed to correcting vulnerabilities. However, we recognize that disclosing vulnerabilities in the absence of immediate corrective action can increase risk to our customers. To protect our customers, Skullcandy requests that you do not share any information about a potential vulnerability in any public setting until Skullcandy has addressed the reported vulnerability, and informed customers if necessary. Skullcandy also requests that you do not share any data belonging to our customers.
What you can expect from us
We will acknowledge that your report has been received (generally within 5 business days).
We will maintain an open dialogue to discuss issues.
We will handle your report confidentially and will not share personal details with third parties without your consent, unless obliged to do so pursuant to a statutory provision or a legal ruling.
In the event of a Skullcandy security breach and as appropriate, this page would be amended to include information about any such instance herein.
Questions
Questions regarding this policy may be sent to security.issues@skullcandy.comSOCIAL MEDIA GIVEAWAYS
NO PURCHASE NECESSARY TO ENTER OR WIN. MAKING A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. OPEN TO LEGAL RESIDENTS OF SOUTH AFRICA, 18 YEARS AND OLDER. VOID WHERE PROHIBITED.
This Promotion is in no way sponsored, endorsed, or administered by, or associated with, any social media platform used to promote it (including but not limited to Instagram, Facebook, or TikTok).
1) Eligibility
The Skullcandy South Africa Social Media Giveaway ("Promotion") is open to legal residents of South Africa who are 18 years of age or older at the time of entry. Employees, directors, and immediate family members (including spouses, parents, siblings, and children) of Skullcandy South Africa (operated by Gammatek Pty Ltd), its affiliated partners, advertising agencies, or other companies involved in the administration of the Promotion are not eligible to enter or win.
2) Promotion Period
Each Promotion will begin and end on dates as specified in the relevant post on Skullcandy South Africa’s official social media channels. Unless otherwise stated, the closing time for entry will be 11:59 PM SAST on the last day of the Promotion.
3) How to Enter
To enter, participants must follow the instructions detailed in the giveaway post on Skullcandy South Africa’s official social media account(s). This may include actions such as following the account, liking the post, tagging friends, or commenting. No purchase is necessary to enter. Only one entry per person unless stated otherwise.
Entries generated by script, bot, macro, or other automated means will be disqualified. Skullcandy South Africa reserves the right to verify the eligibility of any entrant and may disqualify entries deemed fraudulent or inappropriate.
4) Winner Selection and Notification
Winners will be selected at random from all eligible entries received during the Promotion Period. The winner(s) will be announced via the relevant social media channel(s) and may also be contacted directly via private message.
Winners must respond within five (5) calendar days to claim their prize. If no response is received within that time, Skullcandy South Africa reserves the right to award the prize to an alternate winner.
5) Prizes
The prize(s) for each Promotion will be described in the specific giveaway post. Prizes are non-transferable, non-refundable, and cannot be exchanged for cash. Skullcandy South Africa reserves the right to substitute a prize of equal or greater value if the advertised prize becomes unavailable.
6) Taxes and Duties
Prizes are awarded tax-free under current South African tax law; however, any applicable taxes or fees (including customs duties for delivered prizes) are the responsibility of the winner.
7) Use of Name and Image
By participating, entrants grant Skullcandy South Africa the right to use their name, city, photographs, and submitted content in promotional materials, online and offline, without additional compensation—unless prohibited by law.
8) User-Generated Content
By submitting any content (including photos, captions, and comments), participants confirm they own the rights to the material and grant Skullcandy South Africa a non-exclusive, royalty-free, perpetual license to use, reproduce, and display such content in any media worldwide.
Content must not contain offensive, illegal, or harmful material, including hate speech, nudity, violence, or unauthorised commercial endorsements.
9) Code of Conduct
Entrants agree to abide by the rules and not engage in disruptive, dishonest, or inappropriate behaviour. Skullcandy South Africa reserves the right to disqualify any participant found to be tampering with the entry process or violating these Terms.
10) Limitation of Liability
Skullcandy South Africa and its partners will not be responsible for any loss, damage, or injury resulting from participation in the Promotion or acceptance of the prize. Entrants assume all risks related to their participation.
11) General Terms
Skullcandy South Africa reserves the right to cancel, suspend, or modify the Promotion if fraud, technical failures, or any other factor beyond its control impairs the integrity or fairness of the Promotion. Decisions made by Skullcandy South Africa regarding the Promotion are final and binding.
12) Disputes
This Promotion is governed by the laws of South Africa. Any disputes arising from the Promotion will be subject to the exclusive jurisdiction of the South African courts.
13) Sponsor Information
This Promotion is organised by Gammatek (Pty) Ltd, official distributor of Skullcandy South Africa. For more information, visit www.skullcandy.co.za or contact us via our official channels.