Terms of service

FlightScope Sales Terms and Conditions

Last updated: February 25, 2026

Applicability
1. These Terms and Conditions of Sale (Terms) apply to the sale of all Products (as defined hereafter) of FlightScope Group Services (Pty) Ltd (FlightScope) to any customer (the Customer, or You), either individually or as a group; referred to as Parties or Party on the flightscope.co.za Website (the Site).
2. In the event of any inconsistency, the following order of precedence applies:
  1. Terms and Conditions of Sale
  2. Product-specific or Service-specific Terms (including Subscriptions, Repairs)
  3. Policies (Returns, Shipping, Privacy, Cookies)
  4. Website Terms of Use
3. Products purchased from other authorized distributors and resellers and not from the Site or directly from FlightScope may have different terms and conditions of sale. FlightScope shall not be bound by terms and conditions of sale of distributors or resellers. In case of doubt of conflict, these FlightScope Terms and Conditions of Sale shall take precedence.
4. By placing an order with FlightScope, you confirm your acceptance of these Terms and Conditions of Sale. These Terms apply to the exclusion of any terms and conditions proposed by you, unless expressly agreed in writing by FlightScope.
  
  FlightScope makes this website, including all information, tools, and services available through it, subject to your acceptance of these Terms and any additional terms, conditions, policies, or notices referenced herein or made available by hyperlink.
  
  By accessing the website and/or purchasing Products from FlightScope, you agree to be bound by these Terms (the Terms).
5. These Terms apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Where you are a Consumer, mandatory consumer protection laws apply and prevail over any conflicting provisions of these Terms. Where you are a Business Customer, the provisions applicable to business-to-business transactions apply.
  
  Please read these Terms carefully before accessing or using the Site. By accessing or using any part of the Site, you agree to be bound by the Terms governing accessing and using the Site.
  
  If you do not agree to and accept all these Terms, then you may not access, use any services, or purchase anything from the Site.
6. If these Terms are considered an offer, acceptance is expressly limited to these Terms.
7. By agreeing to the Terms, you represent that you are at least the legal age in your state or territory of residence to do so.
8. Changes to Policies and Terms: We may update, amend, or replace Policies and Terms published on this Site from time to time to reflect changes in our business practices, legal or regulatory requirements, or operational needs.
  
  The Last updated date at the top or bottom of the applicable document indicates when changes were most recently made.
  
  Unless otherwise required by applicable law, changes take effect when published on this Website.
  
  Continued use of the Website, products, or services after changes are published constitutes acceptance of the updated Terms and Policies. Where mandatory consumer or privacy laws require advance notice, consent, or additional rights, those requirements will apply.
9. If FlightScope does not exercise its rights at a given time, in relation to one of the clauses within the Terms, this shall not be interpreted as a waiver of its right to invoke these same clauses at a later date.
10. The Products, prices, selections as well as the terms and conditions presented on the Site may vary for different countries and regions for legal and practical reasons.
11. FlightScope reserves the right to refuse service on the Site to anyone for any reason at any time.
Definitions

For the purposes of these Terms and all related policies and documents, the following definitions apply:

Account: A unique account created for You to access the Site, Services, or parts thereof.

Affiliate: An entity that directly or indirectly controls, is controlled by, or is under common control with a party, where control means ownership of fifty percent (50%) or more of the voting securities or other ownership interests.

“Business Customer: any person or entity acting for purposes relating to their trade, business, craft, or profession, including any legal entity (such as a company, partnership, club, or association).

Company: FlightScope Group Services (Pty) Ltd, a limited company with its principal place of business in South Africa, also referred to as FlightScope, we, us, or our.

Consumer: a natural person acting for purposes wholly or mainly outside their trade, business, craft, or profession.

Content: Any text, images, data, software, or other information that may be posted, uploaded, transmitted, linked to, or otherwise made available through the Site or Services by You or other users.

Country: The country from which You access the Site or Services.

Customer: A person or legal entity that has purchased a Product or Subscription from FlightScope.

Device: Any device capable of accessing the Site or Services, including but not limited to a computer, mobile phone, or tablet.

Free Trial: A limited period during which access to certain Services or Subscriptions may be provided at no charge, where expressly offered.

License means a limited, non-exclusive right granted by FlightScope to access and use Software or Services in accordance with the applicable Terms and for the permitted purpose, duration, and scope specified at the time of grant. A License does not transfer ownership or any intellectual property rights, and all rights not expressly granted are reserved.

Perpetual License is a License granted for an indefinite duration, subject to termination in accordance with the applicable Terms.

Subscription License is a License granted for a fixed term, which expires at the end of the subscription period unless renewed.

Embedded Software License is a License to use software embedded in a Product solely as integrated with that Product and only for its intended operation.

Product: Any product offered by FlightScope for sale, as defined in Section 2.1 of the Terms and Conditions of Sale, including hardware, accessories, software, subscriptions, feature activations, and third-party software offerings, unless otherwise stated.

Service / Services: Website or Software-based features, functions, and digital solutions provided by FlightScope, typically on a subscription basis, which may include:
1. Online tools, applications, or features
2. Data processing, storage, or cloud-based functionality
3. Subscription-based software features subject to tiered access
4. Related updates, maintenance, or support
For the avoidance of doubt, the Site or Website itself is not a Service, except to the extent it is used to access subscription-based Services.

Service Contract: Refers to an agreement under which we provide maintenance, repair, or support services for a Product for a fixed period, such as an extended warranty or service plan.

Site / Website: The FlightScope-operated websites and online stores through which Products are marketed, sold, or Services are provided, including any successor or replacement sites, such as:
1. flightscope.co.za
2. myflightscope.com
Subscription: means a time-limited, renewable right of access to software or services provided for a defined term (such as monthly or annually), and does not include perpetual licenses, one-time feature activations, or service plans unless expressly stated.

Terms: Collectively, these Terms and Conditions and all related policies, guidelines, and documents published on the Site, which together form the entire agreement between You and FlightScope regarding the use of the Site, Products, and Services.

Third-Party Social Media Service: Any services, content, platforms, or functionality (including data, information, products, or services) provided by a third party that may be displayed, linked, or made available through the Site or Services.

You / Your: The individual accessing or using the Site or Services, or, where such access or use is on behalf of a company or other legal entity, that company or legal entity.
Products
1. Under the terms and conditions that apply when placing the order, FlightScope offers You (its Customers):
  1. An assortment of Golf Tracking Devices/Launch Monitors with embedded software (the Equipment);
  2. FlightScope branded software applications for mobile devices (Apps) for use in association with the Equipment;
  3. Accessories for use with the Equipment;
  4. Perpetual FlightScope brand end-user software licences;
  5. Perpetual third-party end-user software licences bundled with other FlightScope Products;
  6. First tier access to the myflightscope.com FlightScope Cloud Websites;
  7. Feature Activations for FlightScope software/firmware add-ons;
  8. Subscriptions for third-party software applications for use with the Equipment;
  9. Subscriptions for higher tier access to the myflightscope.com FlightScope Cloud Websites.
  All of the above (a) to (i) individually and collectively known as the Product or Products.
2. FlightScope will apply best efforts to ensure that the correct Product information is provided before You place an order. FlightScope shall not be responsible if information made available on the Site is not accurate, complete or current.
Personal Information
1. Before placing an order for a Product on the Site, You must provide certain personal information including first and last name, email address, phone number, and billing and shipping addresses. This information is collected to process your order and to provide related sales and technical support to you.
2. FlightScope treats personal data in accordance with the applicable personal data protection laws. FlightScope’s Privacy Policy can be found at this link flightscope.co.za/policies/privacy-policy. This policy defines what data is collected, how and why it is collected, how it is safeguarded, and how You can interact with FlightScope in relation to his personal data.
Ordering
1. By placing an order, You agree to and are bound by these current Terms.
2. Eligibility to purchase Products is subject to the age requirements set out in the Website Terms of Use.
3. To place an order on the Site, You must select the desired Product(s) and click Add to Cart. You can make changes and add accessories (or add-ons) to the items in the virtual shopping cart.
4. When You are satisfied with the selection in the cart, You can click Start Checkout and follow the order procedure by providing the required information for processing and delivering the order and selecting the desired shipping option.
5. You will receive an order summary at the end of the procedure, and must accept the present Terms that apply to the order.
6. You must confirm the order by accepting the Terms and clicking on the Confirm Order button. This confirmation constitutes a signature and express agreement of both the order and these current Terms and Conditions of Sale.
7. We reserve the right to refuse any order you place with us.
8. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order.
Proof of Order and Order Tracking
1. Electronic records stored in FlightScope’s computer systems will be considered as evidence of communications with and orders from You. It is expressly agreed that the data stored in FlightScope’s computer systems has probative value with regards to Your orders.
2. A copy of the records of communications and orders in FlightScope’s computer systems will be retained on reliable and durable back-up storage.
3. Once an order has been confirmed, FlightScope sends You confirmation by email to the email address provided by You.
4. When an order is shipped, an email notice including a shipment tracking number will be sent to the email address provided by You. You can track the shipment via the tracking number.
Price Display, Currency, and VAT
1. All prices displayed on this website are shown in South African Rands(R) and include VAT where applicable, unless otherwise stated.
2. VAT will be charged at the applicable rate in force at the time of order for customers located in the South Africa.
3. VAT for Business Customers:
  1. If you are a VAT-registered business customer, you may request a VAT invoice after purchase.
  2. If you provide a valid VAT registration number, we will include it on your VAT invoice. This does not alter the VAT treatment of the transaction unless required by applicable law.
4. VAT on International Orders: Orders delivered outside the South Africa may not be subject to VAT. However, import duties, VAT, customs clearance charges, and other taxes may be payable in the destination country and are the responsibility of the customer.
5. Additional shipping charges may apply depending on Your shipping address e.g. certain remote locations, and will be calculated and displayed separately at checkout prior to payment.
6. FlightScope accepts the following payment methods:
  1. Immediate Electronic Payments:
  We accept the following instant or near-instant secure payment methods, where payment authorisation is confirmed electronically at checkout:
  - Credit and debit cards
  - PayPal
  - Klarna and other buy now, pay later or instalment services
  - Other electronic payment options made available at checkout
  Orders paid using these methods are normally processed once payment authorisation is confirmed by the payment provider.
  1. Wire Transfer / Bank Transfer / Electronic Funds Transfer (EFT):
  We also accept payment by Wire/Bank/Electronic Funds Transfer (EFT). When selecting EFT as a payment method:
  - You must initiate payment directly through your bank using the banking details provided at checkout or on the invoice.
  Be reminded that payment is not immediate and may take several business days to clear, depending on your bank and location.
  - Orders paid by EFT are not shipped until payment has been received and confirmed by FlightScope
  - Proof of Payment required: For EFT payments, FlightScope may require proof of payment before processing or activating an order. Proof of payment should clearly show the payer name, amount, reference, and transaction date. Submission of proof of payment does not constitute confirmation of payment; processing will occur only after funds are received in FlightScope’s bank account.
  - Payment Reference: You must use the correct payment reference provided. Failure to do so may result in processing delays.
  - Order Processing and Delays: FlightScope is not responsible for delays caused by banking systems, incorrect payment details, or delays in receipt of EFT payments.
  - FlightScope reserves the right to cancel any order if payment is not received within a reasonable time after order placement.
7. The payment methods available do not give FlightScope access to Your bank or credit card details. All card and wire payments are handled by secure electronic payment institutions. Only payment success or failure is reported to FlightScope by these secure payment institutions.
8. Payment must be made in full before FlightScope will ship an order.
9. Failure to pay: If a due payment is not received within a reasonable time, the order shall be deemed canceled, payment not taken, and Product not supplied.
10. Errors and Adjustments: In the event of a pricing or tax error, FlightScope reserves the right to correct such error prior to shipment or delivery and to notify you accordingly. If you do not accept the corrected price, you may cancel the order for a full refund.
Availability
1. Products are for sale as they appear on the Site. When available, You can select Add to Cart for instant fulfillment. During times of high demand or for other reasons beyond FlightScope’s control, some Products may not be available for immediate fulfillment. These may be ordered to be fulfilled at a later date, referred to as Backorders. Backorders are processed on a first-come-first-served basis when new stock is available
2. If FlightScope discontinues a product after You have placed an order, FlightScope will notify You and will reimburse You for any payments made as soon as possible after the order has been placed.
3. FlightScope will not be responsible or liable for errors in descriptions, prices, specifications or other errors on the Site or in other information sent by FlightScope in connection with Products, and reserves the right to cancel any orders where such errors have a material effect.
Cancellation and Refunds
1. Cancellation Before Shipment
  
  Orders that have been paid for but not yet shipped may be cancelled in accordance with these Terms by contacting FlightScope Customer Care. Where a cancellation is accepted prior to shipment, FlightScope will refund the amount paid for the cancelled Product, subject to any applicable deductions expressly permitted under these Terms.
2. Returns After Delivery
  
  After delivery, Products may be eligible for return and refund only in accordance with these Terms and FlightScope’s Returns and Refund Policy, which sets out the applicable eligibility criteria, time limits, exclusions, and procedures.
3. Eligibility Governs; Policy Explains
  
  Eligibility for refunds is governed by these Terms. The Returns and Refund Policy does not create independent refund rights but describes how eligible returns and refunds are requested, assessed, and processed.
4. Exclusions
  
  Certain Products, including but not limited to software licenses, feature activations, subscriptions, and services, are non-refundable except where required by applicable law or expressly stated at the time of purchase.
  
  For refunds of third-party products such as simulator products a 3% credit card transaction fee will be withheld from the refunded amount.
5. Allowed refunds will be paid to the original purchaser using the original payment method.
6. Consumers’ Right of Withdrawal
  
  South African consumers may cancel transactions concluded as a result of direct marketing within five (5) business days, in accordance with section 16 of the Consumer Protection Act, 68 of 2008.
7. Nothing in these Terms or any related policy limits or excludes any mandatory consumer rights that apply under applicable law.
Payment Disputes and Chargebacks
1. Contact and Resolution First
  
  If you have a question, concern, or dispute regarding a charge, Product, or Service, we encourage you to contact FlightScope Customer Care at customercare@flightscope.com so that we may investigate and attempt to resolve the matter promptly and amicably.
  
  This does not affect your right, where applicable, to contact your card issuer or payment service provider.
2. Payment Disputes and Chargebacks
  
  You may initiate a payment dispute or chargeback with your card issuer or payment provider in accordance with applicable law and card network rules.
  
  FlightScope encourages customers to make use of available cancellation, return, refund, or warranty procedures where appropriate, but use of those procedures is not a condition for exercising statutory rights.
3. Cooperation and Information Sharing
  
  In the event of a payment dispute or chargeback, you acknowledge that FlightScope may provide relevant information to payment processors, card networks, or financial institutions for the purpose of resolving the dispute. This may include order records, delivery confirmation, communications history, and applicable policy terms.
4. Fraudulent or Abusive Disputes (Business Customers)
  
  Where you are a Business Customer, and a payment dispute or chargeback is determined to be fraudulent, abusive, or unfounded, FlightScope reserves the right, to the extent permitted by law, to recover reasonable administrative costs or losses incurred as a result of such conduct.
  
  This section does not apply to Consumers.
5. Account Protection Measures
  
  FlightScope may take reasonable and proportionate measures to protect its business and payment systems in response to demonstrably fraudulent or abusive payment dispute activity, including limiting access to accounts or services.
  
  Such measures will not be applied solely because a Consumer has exercised their lawful right to dispute a payment.
6. Relationship to Dispute Resolution
  
  Initiating a payment dispute or chargeback does not, in itself, waive or replace any dispute resolution procedures set out in these Terms, unless required by applicable law or payment service provider rules.
7. No Waiver of Consumer Rights
  
  Nothing in this section limits or excludes any mandatory consumer rights under applicable South African law..
Delivery, Transfer of Ownership and Risk
1. Shipment to Your delivery address shall be Your expense following the shipping method specified at the time of placing the order.
  
  If you are a Consumer, the risk of loss of or damage to the Products passes to you when you, or a third party designated by you (other than the carrier), acquire physical possession of the Products, in accordance with the Consumer Protection Act, 68 of 2008.
  
  If you are a Business Customer, the risk of loss of or damage to the Products passes to you upon delivery of the Products to the carrier, unless otherwise expressly agreed in writing.
2. Ownership of the Product(s) shall remain with FlightScope and shall not pass to You until full payment has been received by FlightScope.
3. It is expressly agreed by the Parties that Products are deemed as delivered (Delivery Date) as the case may be, when:
  1. The Products have been delivered to Your specified Delivery Address
  2. Software is digitally downloaded and activated by You, where applicable.
4. FlightScope will send a shipment notice to You by email.
5. Shipping and delivery dates provided on the Site are estimates. FlightScope shall not be held responsible for changes or delays in shipping and delivery dates.
6. To lodge a complaint regarding compliance of a delivered Product with the order, You must contact FlightScope by calling +27 87 813 7626 or send an email to customercare@flightscope.com within thirty (30) days after You have received the Product, clearly stating the order number as well as the Product serial number (if applicable).
  
  Consumers resident in South Africa are encouraged to inspect Products upon delivery and to notify FlightScope of any apparent damage or non-conformity as soon as reasonably practicable. Failure to notify FlightScope within a specific time period does not affect your statutory rights under the Consumer Protection Act, 68 of 2008.
Right of Use
1. FlightScope holds all intellectual property rights for the following Products on sale: FlightScope X3, Mevo, Mevo+ (all variants), Range (all variants), i4 Rangefinder, Mevo Golf App, FlightScope Golf App, Skills App, Pro Package, Face Impact Location, MultiCam, Planning Tool, BadgerAI, and all associated creative works. You will not acquire and may not infringe on any of these rights.
2. Product purchase does not constitute any transfer or restriction of FlightScope’s intellectual property rights and/or know-how, whether before or after an order is placed.
3. Trugolf® holds all intellectual property rights for the E6-branded golf simulation software offered on the Site. You will not acquire and may not infringe on any of these rights.
4. The Golf Club holds all intellectual property rights for the TGC-branded golf simulation software offered on the Site. You will not acquire and may not infringe on any of these rights.
5. Subject to agreement with these Terms and payment in full by the You, FlightScope grants You:
  1. a transferable, non-exclusive right of use for all FlightScope Software for which licenses were subscribed to in perpetuity. You accept this right of use.
  2. a transferable, non-exclusive standard warranty, whose start date and duration is determined by the original purchase terms and date.
  3. a non-transferable, non-exclusive right of use of Trugolf E6 simulator golf simulator Software bundled with new X3, Mevo Gen2 and Mevo+ sales. The rights to the Trugolf E6 software are limited to the original Customer who purchased the Products, and cannot be transferred when the Product is sold, donated, or otherwise transferred to a third party. You accept this right and restriction of use.
6. In case You sell, donate, or otherwise transfer ownership of the Product to a third party, You must inform said third party that
  1. the Product must be registered in the name of the new buyer;
  2. that the Trugolf E6 simulator software bundled with the original purchase is not transferable, and
  3. the new buyer may purchase a new subscription for the Trugolf E6 software bundle or other software at subscription prices that apply at that time.
7. Without express and written authorisation from FlightScope, You are not permitted to (i) reproduce, represent, modify, translate or adapt, in any form or format, or use the Software and related documentation in any manner and/or (ii) reverse engineer the Products (with the exception of legal requirements to the contrary).
Trade-In Promotions
1. FlightScope may periodically offer trade-in promotions, allowing customers to exchange eligible legacy or lower-tier products for credit toward the purchase of new or higher-tier items. These promotions may be time-limited and are subject to the terms set out in this Section 13.
2. Participation and Eligibility: Customers located within South Africa may participate in the trade-in program, if offered. All trade-in items must be shipped from, and returned to, a valid physical address within South Africa. By selecting and purchasing a Trade-In Product through our Website or via manual assistance, you confirm that you meet all eligibility requirements, including lawful ownership of the trade-in item and compliance with the applicable product requirements described in these Terms and any promotional materials.
3. Trade-In Product Selection: You are responsible for reviewing and confirming that the Trade-In Product selected meets your requirements prior to purchase. Trade-in promotions are subject to validation and acceptance once the returned product has been received and inspected.
4. Return Shipping Responsibilities: You are responsible for the cost of returning the trade-in product. You must package the item securely and follow the return instructions provided to ensure safe delivery.
5. Condition Requirements: Products returned for trade-in must be in good working condition and include all original accessories. Damaged products, products that fail to operate, or products missing accessories may receive reduced trade-in credit or be rejected entirely at FlightScope’s discretion.
6. Time Limits: Returned products must be received at the specified return address within a reasonable time from the date the trade-in order is placed. Failure to return the item on time may result in cancellation of the trade-in transaction.
7. Feature Activation Transfers (If Applicable): Where eligible software feature activations are currently active on a product being traded in, such activations may be transferred to your new product during ordering, subject to a non-refundable transfer fee applicable to the subscription(s) being transferred.
  
  If you elect not to purchase a feature activation transfer at the time of trade-in, the existing activation(s) will lapse.
  
  Lapsed feature activations cannot be reinstated or transferred at a later date; any future activation(s) will require new purchases at the then-current pricing.
8. Completion of Trade-In: Once the returned product has been received and verified as eligible, the new product will be shipped to you via ground shipping. If the trade-in item does not meet the condition and eligibility requirements, FlightScope may adjust the trade-in value or cancel the transaction.
9. Manual Assistance Option: Customers requiring assistance with selecting or processing a trade-in may contact us by phone on +27 87 813 7626, or chat with us online on flightscope.co.za for support and manual handling of the order.
10. Changes and Warranty: FlightScope reserves the right to modify, suspend, or cancel the trade-in program at any time. Changes will not affect trade-in orders already in progress. Any warranty associated with the traded-in item does not transfer to the replacement product. The new product is subject to its own warranty terms.
Warranty
1. Consumers resident in South Africa have the rights
  
  afforded to them under the Consumer Protection Act (CPA), 68 of 2008, including the implied warranty of quality in section 56. You may return defective, unsafe, or non-compliant items for a refund within 30 days of delivery. You may request a repair or replacement at no cost to you up to 6 months after delivery. After 6 months, you have rights under our Commercial Warranty.
2. Commercial Warranty: FlightScope warrants that Products will be free of workmanship and material defects for a period of twelve (12) months from the date of delivery.
3. Third-party equipment, software, and accessories are covered by the warranties provided by the original manufacturers of those items.
4. Repairs to Products performed by FlightScope are guaranteed to be free of workmanship and material defects for a period of three (3) months from the repair date.
5. Conditions Applicable to the Commercial Warranty
  
  The Commercial Warranty described in Section 14.2 is valid and binding on FlightScope only if:
  1. You have paid for the Product or service in full;
  2. You installed, operated, and maintained the Product in accordance with its manuals, instructions, and labels; and
  3. You contact FlightScope Customer Care at customercare@flightscope.com for assistance in diagnosing and resolving the issue as soon as reasonably practicable after a malfunction is discovered.
  These conditions apply to FlightScope’s Commercial Warranty and do not affect consumer rights under the Consumer Protection Act, 68 of 2008.
6. Warranty Coverage Determination
  
  FlightScope’s reasonable decision as to whether a repair, replacement, or service is covered by this Commercial Warranty shall apply for the purposes of that warranty, except where the CPA Section 56 allows consumers to return defective, unsafe, or non-compliant items for repair, replacement, or a refund at their discretion.
7. Exclusions (Commercial Warranty Only)
  
  The Commercial Warranty does not cover damage, malfunctions, or expenses resulting from:
  1. User error;
  2. Misuse, abuse, or negligence;
  3. Inadequate or improper maintenance;
  4. Tampering with, or attempts to open, self-repair, or modify a Product;
  5. Normal wear and tear;
  6. Service or modifications performed by persons other than FlightScope’s authorized repair centers;
  7. Use of the Product in a manner inconsistent with its manuals or labeling;
  8. Acts of nature (including floods, fire, earthquake, war, or civil emergency);
  9. Use with non-conforming utilities or power supplies, including damage caused by lightning, power surges, brown-outs, or incorrect voltage;
  10. Performance capacity or expected life of rechargeable batteries.
8. Warranty Claims Procedure
  
  In the event of a warranty claim, you must contact customercare@flightscope.com. FlightScope will inform you of the appropriate next steps.
9. Diagnostic Opportunity and Return Authorization
  
  You must give FlightScope Support a reasonable opportunity and time to diagnose the issue and attempt a remedy before returning a Product.
  
  If the issue cannot be resolved remotely, FlightScope will provide a return authorization number. Products must not be returned without prior authorization.
10. The procedures in Sections 14.2 to 14.9 apply to FlightScope’s Commercial Warranty and repair services only and do not affect statutory remedies available to South African consumers under the Consumer Protection Act, 68 of 2008.
11. Returned Products
  
  Products authorized for return must be accompanied by all accessories supplied at the time of purchase and, where reasonably possible, be returned in the original packaging.
12. Shipping of Authorized Returns
  
  For Commercial Warranty returns, Products shall be shipped to FlightScope at your expense and risk, unless otherwise agreed.
  
  For Consumer returns made in terms of section 56 of the Consumer Protection Act, 68 of 2008, where the Products are returned from an address within South Africa, FlightScope will bear the reasonable cost of returning the Products.
13. Remedy Under Commercial Warranty
  
  For purposes of the Commercial Warranty, FlightScope will, in accordance with applicable law, repair or replace the Product as quickly as reasonably practicable and return it to you at FlightScope’s expense.
14. Non-Warranty Repairs
  
  If a Product is returned and does not qualify for coverage under the Commercial Warranty, FlightScope will provide a quotation for the required repairs and return shipping costs.
  
  Repairs will be performed only after your acceptance of the quotation, and the Product will be returned after receipt of full payment.
15. Post-Warranty Repairs
  
  If a Product develops a fault after expiry of the Commercial Warranty period, you may contact FlightScope Customer Care to inquire about paid repair services.
16. Additional Service Plans
  
  You may subscribe to additional services, such as a SKILD Plan, where available in your country or region.
17. Third-Party Software and Items
  
  FlightScope provides no warranty that third-party software or other third-party items supplied with or in addition to the Products will be fit for purpose or error-free. In all cases, the applicable third-party manufacturer’s or licensor’s warranties and terms apply.
  
  FlightScope is not responsible for examining or evaluating the content, accuracy, or performance of third-party software, items, websites, or services, and shall not be liable for any harm or damages arising from their use.
18. Intellectual Property Warranty
  
  FlightScope warrants that the Products do not infringe third-party intellectual property rights. In the event of a third-party infringement claim, you shall promptly notify FlightScope and cooperate reasonably. FlightScope may, at its option and expense:
  1. replace or modify the Product;
  2. obtain the right for you to continue using the Product; or
  3. terminate the affected rights and refund the price paid (excluding taxes) if the claim arises within two (2) years from delivery.
19. Scope of Warranty Obligations
  
  Except for mandatory rights that cannot be excluded under the Consumer Protection Act, 68 of 2008, the foregoing defines FlightScope’s obligations in respect of its Commercial Warranty.
Responsibility
1. In the event that an order is not processed, or an order processing error occurs by FlightScope or a subcontractor, FlightScope will be indemnified against any damages or losses.
  
  FlightScope will not be liable for any indirect and/or immaterial damage (such as operational loss, customer loss, lost opportunities, data loss, etc.). This is expressly accepted by You.
2. You must use the Products only as contemplated in the User manual(s) and related documentation and in appropriate environments for use of the Products.
3. In all cases, it has been expressly agreed between the parties that the total amount of damages, damages and expenses of any kind paid by FlightScope in Your favor as a result of a court decision, and including all lawsuits, will not exceed the value equal to the price excluding the tax received by FlightScope for the product in question.
4. FlightScope may subcontract any or all order processing to a third party at its sole discretion. FlightScope will be responsible for the tasks assigned to such subcontractors.
Modifications To Products, Services, And Prices
1. Prices for Products and services are subject to change without notice.
2. FlightScope reserves the right at any time to modify or discontinue Products or services, or any part or content thereof, without notice at any time.
3. FlightScope shall not be liable to You or to any third-party for any modification, price change, suspension or discontinuance of a Product or service.
Errors, Inaccuracies and Omissions

While we take reasonable care to ensure the accuracy of information on the Site, occasional typographical errors, inaccuracies, or omissions may occur, including in product descriptions, pricing, promotions, shipping options or charges, transit times, and availability. Where such issues arise, FlightScope may correct the information or, where necessary, cancel or adjust affected orders in accordance with applicable law. Except where required by law, we do not undertake an obligation to update or revise information on the Site on an ongoing basis.
Indemnity

By transacting with us and accepting these terms You indemnify and hold FlightScope and its officers, members, directors, employees, agents, contractors, sublicensees, affiliates, subsidiaries, successors and assigns harmless from and against any and all damages, liabilities, costs, expenses, claims and/or judgments, including but not limited to attorneys’ fees, expenses and loss of income which It may be incurred in connection with the purchase, ownership or operation of any Product.
Termination

FlightScope may in its sole discretion at any time prior to Delivery cancel any order(s) by written notice to You. Upon cancellation, FlightScope will refund You the relevant price of the order or part of the order, as applicable. Without prejudice to the provisions of the other terms and conditions, all orders will be canceled after thirty (30) days in the event that You fail to pay any amount due.
Force Majeure
1. In the event of force majeure, the obligations of FlightScope and/or Yourself, will be suspended during force majeure and will be re-applied once the latter is declared to have expired.
2. Failure to carry out the order due to force majeure shall not entail any right of recourse. In the event that any such event prevents FlightScope from fulfilling its obligations, FlightScope will inform You as soon as possible.
3. FlightScope and/or You are able to cancel the order, upon notification, if the force majeure continues for more than sixty (60) days after its initial occurrence. Neither party is entitled to claim damages or compensation.
4. In the event of force majeure, the parties agree to meet as soon as possible in order to agree in good faith on the terms and conditions for canceling the order.
Governing Law and Dispute Resolution
1. Governing Law
  1. Consumers: If you are acting as a Consumer within South Africa, these Terms and any dispute or claim arising out of or relating to them, the Products, or the Services shall be governed by and construed in accordance with the laws of South Africa, without prejudice to the Consumer Protection Act, 68 of 2008.
  2. Business Customers: If you are acting as a Business Customer, these Terms and any dispute or claim arising out of or relating to them, the Products, or the Services shall be governed by and construed in accordance with the laws of South Africa.
2. Good-Faith Resolution First
  
  Before initiating any formal legal proceedings, the parties agree to first attempt to resolve any dispute in good faith by contacting FlightScope Customer Care at customercare@flightscope.com and providing a reasonable description of the issue.
  
  If the dispute is not resolved within thirty (30) days of initial notice, you may pursue any remedies available to you under applicable law.
3. Jurisdiction
  
  You may bring legal proceedings in relation to these Terms, the Products, or the Services before the competent courts South Africa.
4. No Waiver of Statutory Rights: Nothing in these Terms limits or excludes any rights or remedies available to you under applicable South African consumer protection law.
5. Costs
  
  Each party shall bear its own legal costs, except where applicable law provides otherwise.
6. Mandatory Consumer Rights
  
  Nothing in this section limits or excludes any mandatory consumer rights or remedies available to you under the Consumer Protection Act, 68 of 2008.
7. UN Convention Waiver
  
  You and FlightScope agree to specifically exclude the application of the provisions of the United Nations Convention on the International Sales of Goods, dated April 11, 1980.