Interactive Concepts (Pty) Ltd t/a StickerandLabelSA.co.za
Registration Number: 2014/043183/07
Terms of Service
These Terms of Service are effective as of: 1 November 2017 “Effective Date”
READ THESE TERMS CAREFULLY BEFORE BROWSING THIS WEBSITE. YOUR CONTINUED USE OF THIS WEBSITE INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS. YOU CANNOT USE THIS WEBSITE IF YOU DO NOT ACCEPT THESE TERMS. ALL SECTIONS OF THESE TERMS ARE APPLICABLE TO BOTH MEMBERS AND GUESTS UNLESS THE SECTION EXPRESSLY STATES OTHERWISE.
1.1. This site [http://www.stickerandlabelsa.co.za], is made available, and owned by, Interactive Concepts (Pty) Ltd t/a StickerandLabelSA.co.za (bearing registration number 2014/043183/07) (hereinafter referred to as “Interactive Concepts”, “Interactive Concepts Website”, “StickerandLabelSA”, “StickerandLabelSA Website” “Website”, “we”, “our”, or “us”). Any reference to “StickerandLabelSA”, “we”, “our” or “us”, shall include our employees, officers, directors, representatives, agents, shareholders, affiliates, subsidiaries, holding companies, related entities, advisers, sub-contractors, service providers and suppliers.
1.3. Accessing and/or use of the StickerandLabelSA Website after the Effective Date will signify that you have read, understand, accept, and agree to be bound, and are bound, by the Terms, in your individual capacity and for and on behalf of any entity for whom you use StickerandLabelSA. Further, you represent and warrant that you have the authority to do so and that you are a Competent Person (as defined in the Protection of Personal Information Act, 4 of 2013, as amended).
1.4. To the extent permitted by applicable law, we may modify the Terms with prospective effect without prior notice to you, and any revisions to the Terms will take effect when the updated/revised Terms are posted on the StickerandLabelSA Website, as indicated above, unless a later date is otherwise stated in the revised Terms. Your continued use of the Website and/or the Services will be construed as your consent to the amended or updated Terms, and will be conditional upon the Terms in force at the time of your use. Your only remedy, should you not agree to these Terms, is to stop your use of this Website.
2.1. The following terminology applies to these Terms:
2.1.1. “Material Designs” refers to the graphic designs, as uploaded by a User, which are intended to be printed and/or marketed by StickerandLabelSA in accordance with the Services;
2.1.2. “Purchaser” refers to a person and or entity who purchases any Material Designs, graphic designs, stickers, labels or decals as uploaded by a User or made available on the Website onto StickerandLabelSA;
2.1.3. “Party” or “Parties” refers to a User, Purchaser and/or StickerandLabelSA, as the context requires;
2.1.4. “Services” shall refer to the printing of customised stickers, labels and decals together with marketing and selling of same on the Website;
2.1.5. “Products” shall refer to either the Material Designs, or any customised stickers, labels and decals as ordered by a Purchaser or User on the Website;
2.1.6. “User” refers to a person and or entity which uploads his/her/its Material Designs onto StickerandLabelSA for his/her sole purpose, alternatively for on-sale to a Purchaser through the Website.
2.2. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to the same.
3. Your Agreement to these Terms
3.1. Subject to, and on the basis of your acceptance of the Terms, StickerandLabelSA grants you a limited, revocable, non-transferable license to access to and use of the Website in accordance with the various policies, Terms and agreements which may govern such use and access.
4. Description of our Services
4.1. We are an online printer and retailer, providing web-based printing services in South Africa, allowing Users to upload their offline Material Designs, such as, but not limited to, stickers, decals and labels, in order for such Material Designs to be printed and delivered to the User by StickerandLabelSA, alternatively sold to a Purchaser on behalf of a User. Further we provide for the sale to Purchasers of various other stickers, decals and labels.
4.2. In consideration for rendering of the Services, StickerandLabelSA charges a Purchase Price as set out in clause 5 below.
5. Purchase Price
5.1. StickerandLabelSA charges an amount to Users and/or Purchasers which is dependent upon the type of Service and/or Product ordered as well as the printing and/or delivery preferences as selected by the User, which amount shall be inclusive of any applicable Value Added Tax (“VAT”) (the “Purchase Price”).
5.2. The Purchase Price may include, from time to time, a discount at the sole and unfettered discretion of StickerandLabelSA.
5.3. Depending on a User’s and/or Purchaser’s selection, Purchase Prices shall be effected via electronic funds transfer, cash deposit or the payment gateway infrastructure on the StickerandLabelSA Website which permits credit and debit cards, provided via an independent third party payment service provider, currently, Paygate. Users are encouraged to consult the Paygate website located at www.paygate.co.za to familiarise themselves with the security protocols and other policies in place and which may apply to any transaction conducted through Paygate. Please note that we do NOT store credit/debit card numbers, nor do we share User/Purchaser details with any 3rd parties.
5.4. Only Purchase Price payments made via the independent third-party payment service provider as referred to in clause 5.2 above, electronic funds transfer or cash deposit directly into a banking account nominated by StickerandLabelSA from time to time shall be processed. Purchase Price payments made in a currency other than South African Rand (“Rand”), if accepted by either the independent third party payment service provider, alternatively the bank account nominated by StickerandLabelSA, shall be converted into Rand at StickerandLabelSA’s financial institution’s then-current market rate of exchange.
5.5. Purchase Price payments paid by Users/Purchasers located outside of the Republic of South Africa and/or in a currency other than Rand, shall be processed in accordance with the independent third party payment service provider’s policies and procedures, as amended from time to time.
5.6. Notwithstanding anything to the contrary herein contained, or by virtue of past conduct, payment will only be deemed to have been made upon the User/Purchaser effecting payment and the proceeds thereof being cleared into the banking account of StickerandLabelSA.
5.7. Should payment of the Purchase Price not be received within 7 (seven) days of a Purchase or other order being placed, such order will automatically be cancelled without notification to the User/Purchaser.
6.1. All Services and/or Products ordered through the Website and which require delivery to the User/Purchaser of the requisite Products, shall be done by a courier company as designated by StickerandLabelSA as soon thereafter as may be possible after we have received payment of the Purchase Price into our nominated bank account, alternatively, into the designated payment gateway account.
6.2. Given the difficulties which the transport industry faces, it is not possible for StickerandLabelSA to provide an exact date or time for the delivery of Products.
6.3. StickerandLabelSA undertakes to advise the User/Purchaser once the respective Products have been dispatched together with an approximate delivery date, which date shall not fall on a public holiday or weekend. Such date may be subject to change without any prior notice to the User/Purchaser.
6.4. Should the User/Purchaser not receive the Products within the time period envisaged, then and in that event, the User/Purchaser shall be entitled to contact StickerandLabelSA, who will investigate on the User/Purchaser’s behalf, however StickerandLabelSA accepts no responsibility for the late or non-delivery of Products.
7. Marketing and Promotional Strategies
7.1. StickerandLabelSA shall from time to time engage in certain online marketing strategies for the benefit of both its business and the Users/Purchasers.
7.2. The online marketing in question may, in the discretion of StickerandLabelSA, take the form of questionnaires being transmitted, e-mails being distributed and promotional vouchers being offered to potential clients, as well as discounts to existing Users/Purchasers.
8. User Content
8.1. Certain areas of this Website do permit Users and/or Purchasers to submit Material Designs, feedback, information, data, text, software, images, designs, messages, or other materials (each, a “User Submission”). Users are solely responsible for all User Submissions and that any such User Submission is considered both non-confidential and non-proprietary. Should such User Submission not meet the criteria as may be determined by StickerandLabelSA in its sole and unfettered discretion from time to time, StickerandLabelSA reserves the right to adjust and/or amend the User Submissions so as to conform with its criteria.
8.2. Further, StickerandLabelSA does not guarantee that the subsequent ability to edit or delete any User Submission.
8.3. In submitting any User Submission, Users/Purchasers make the following representations and warranties:
8.3.1. all rights in and to such User Submissions (including, without limitation, all rights to the reproduction and display of such User Submissions) are obtained by such User, or, alternatively, all necessary rights in and to such User Submissions providing the rights in and to such User Submissions as described in these Terms have been obtained;
8.3.2. all necessary license fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of User Submissions have been paid prior to your submission of same to the Website.
8.3.3. User Submissions do not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party;
8.3.4. Users voluntarily agree to waive all “moral rights” that may attach to a User Submission, apart from that of the Material Designs;
8.3.5. User Submissions do not violate any law including, but not limited to, those governing export control, consumer protection, unfair competition, or false advertising;
8.3.6. User Submissions are not, and may not reasonably be considered to be, defamatory, libellous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, or corporation, vulgar, pornographic, obscene, or invasive of another’s privacy;
8.3.7. Users have not and will not be compensated or granted any consideration by any third party for submitting a User Submission;
8.3.8. User Submissions do not incorporate materials from a third-party website, or addresses, email addresses, contact information, or phone numbers (other than a User’s own);
8.3.9. User Submissions do not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files;
8.3.10. User Submissions do not contain any information that may be considered confidential, proprietary, or personal insofar as it relates to a third party;
8.3.11. User Submissions do not contain or constitute any unsolicited or unauthorised advertising, promotional materials unless exclusively comprised of the Material Designs, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.
8.4. Apart from Material Designs, unless otherwise specifically provided, by submitting a User Submission, Users grant StickerandLabelSA an irrevocable, perpetual, transferable, non-exclusive, fully paid, worldwide, royalty free license (sub-licensable through multiple tiers) to:
8.4.1. use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display User Submissions (or any modification thereto), in whole or in part, in any format or medium now known or later developed;
8.4.2. use User Submissions in any manner and for any purpose (including, without limitation, commercial purposes) that StickerandLabelSA, in its sole, absolute and unfettered discretion, deem appropriate, including, without limitation, the incorporation of a User Submission or any modification thereto, in whole or in part, into any technology, product, or service;
8.4.3. Display advertisements in connection with User Submissions and use User Submissions for advertising and promotional purposes.
8.4.4. StickerandLabelSA may, but is not obligated to, pre-screen User Submissions or monitor any area of the Website through which User Submissions may be submitted. We are not required to host, display, or distribute any User Submissions on or through this Website, and may remove at any time or refuse any User Submissions for any reason;
8.4.5. We are not responsible for any loss, theft, or damage of any kind to any User Submissions.
8.4.6. Further, Users agree that StickerandLabelSA may freely disclose any User Submissions to any third party absent of any obligation of confidence on the part of the recipient.
9. Refund Policy
9.1. Refunds will only be permitted in the sole, unfettered and absolute discretion of StickerandLabelSA, and only in limited circumstances, at the discretion of StickerandLabelSA.
9.2. Refund requests can be initiated by sending an email to email@example.com. Included in such email should be an explanation of why a refund ought to be granted by StickerandLabelSA.
9.3. Any refunds agreed to by StickerandLabelSA shall be after the set off of reasonable transaction, bank charges and other applicable fees which may be attached to such refund alternatively in the form of vouchers to the user’s credit redeemable only on the StickerandLabelSA Website, further alternatively, StickerandLabelSA reserves the right, at its discretion, to replace the original Product as opposed to refunding the User/Purchaser.
9.4. StickerandLabelSA hereby expressly reserves the right to replace the original Product as an alternative to the remedies set out in clause 9.3 above.
10.1. StickerandLabelSA makes no express, implied or statutory representations, warranties, or guarantees in connection with this Website, the Services, the Products, any Product delivery times, any other Users of the site, including but not limited to partners, or third parties, or any materials on the Website relating to the quality, suitability, truth, accuracy or completeness of any information or material contained or presented on this website.
10.2. We print our Products using CMYK. Should a User/Purchaser require specific colours, they may be requested to provide us with a CMYK breakdown with their Purchase.
10.3. StickerandLabelSA specifically records that we are unable to provide an exact match to Pantone colours and will not be held liable should there be a difference in the colour pallet in the event of the User/Purchaser providing Pantone or any other premixed ink colour brand.
10.4. StickerandLabelSA uses high end equipment in order to ensure the best quality printing. However when choosing colours for your Product it is important that the User/Purchaser be aware that the colour of the Product may be different to that seen on the computer screen. Even if you have calibrated your monitor to a specific colour profile, there are various factors beyond StickerandLabelSA’s control that influence the final appearance of colours on a printed product. As a result, we cannot guarantee colour accuracy 100% (one hundred percent). For this reason, we may find it necessary, from time to time, to request the User/Purchaser to provide us with a physical sample in order that colours may be verified.
10.5. Unless otherwise explicitly stated, to the maximum extent permitted by applicable law, this Website, and any information or material contained or presented on this Website is provided to you on an “as is,” “as available” basis with no warranty of implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. We do not warrant the timeliness, workmanship, or completion of any Services. We do not provide any warranties against viruses, spyware or malware that may be installed on your computer as a result of you accessing or using this website.
10.6. Without limiting the generality of the foregoing, StickerandLabelSA makes no warranty that this Website will meet a User’s/Purchaser’s requirements, or that this Website will be uninterrupted, timely, secure, error free or that defects in this Website will be corrected.
10.7. We make no warranty as to the results that may be obtained from the use of this Website or as to the accuracy or reliability of any information obtained through this Website nor the accuracy of any Product delivery times. No advice or information, whether oral or written, obtained by a User through this Website or from StickerandLabelSA or its third party service providers shall create any warranty enforceable as against StickerandLabelSA.
10.8. To the maximum extent permissible by applicable laws, StickerandLabelSA denounces any fiduciary responsibilities to any Users of the Website, and a User/Purchaser undertakes to indemnify and hold StickerandLabelSA harmless against any harm, damages or loss, however so arising, caused to the User/Purchaser as a result of the utilisation of the Services.
11. Product Description
11.1. StickerandLabelSA print Products on wide rolls of paper and then trim them down to the size as required by the User/Purchaser – this normally falls to within the A4 – A3 paper size.
11.2. The media selected by the User/Purchaser will be that which StickerandLabelSA then uses for that specific order.
11.3. In order to provide the highest level of accuracy it is vital that the User/Purchaser selects the correct media for specific applications, alternatively advises StickerandLabelSA as to what the application/s will be in order that we may advise as to what the appropriate media will be for a specific order.
12. Unauthorised Use of This Website
12.1. You are specifically not permitted to use this Website in any of the following ways (which list should not be deemed to be exhaustive of StickerandLabelSA’s rights in this regard):
12.1.1. For any public or commercial exploitation which includes the use of this Website on another site or through a networked computer environment;
12.1.2. In a manner that modifies, publicly displays, publicly performs, reproduces or distributes any of this Website;
12.1.3. To stalk, harass, or harm another individual;
12.1.4. To impersonate any person or entity or otherwise misrepresent the true state of affairs;
12.1.5. To interfere with or disrupt this Website or servers or networks connected to this Website;
12.1.6. To use any data mining, robots, or similar data gathering or extraction methods in connection with this Website; or
12.1.7. Attempt to gain access to any portion of this Website, to which you are not ordinarily permitted, or any other accounts, computer systems, or networks connected to this Website, whether through hacking, password mining, or any other means.
13.1. StickerandLabelSA and the contents of the Website are the property of StickerandLabelSA, apart from the Material Designs submitted by Users, which remain the property of the Users who upload such designs, are protected by South African and international copyright laws. Furthermore, the compilation (meaning the collection, arrangement, and assembly) of all content on StickerandLabelSA and/or the Services, apart from the Material Designs, is our exclusive property, unless credit is attributed to the author thereof, and is, likewise, protected by South African and international copyright laws.
13.2. Except as stated in the Terms, none of the contents may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, except as permitted by the fair use privilege under the South African copyright laws or without the prior written permission of StickerandLabelSA or the copyright owner, and further, should such consent be provided, StickerandLabelSA reserves its right to withdraw such consent at any stage, in its sole and absolute discretion.
13.3. You are expressly prohibited to “mirror” any content, contained on StickerandLabelSA, on any other server unless with the prior written permission of StickerandLabelSA, and further, should such consent be provided, StickerandLabelSA reserves its right to withdraw such consent at any stage, in its sole and absolute discretion.
13.4. We do not permit copyright infringing activities and infringement of intellectual property rights on StickerandLabelSA, and we may, at our sole discretion, remove any infringing content if we are of the view that such content infringes on another’s intellectual property rights or our own.
13.5. You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of StickerandLabelSA, so long as the link does not portray StickerandLabelSA, its affiliates, or its products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use StickerandLabelSA logo or other proprietary graphic or trademark as part of the link without the express permission of StickerandLabelSA, its affiliates or content suppliers.
13.6. All trademarks and copyrights, as also any other intellectual property rights, in and to any of the content of the Website are the exclusive property of StickerandLabelSA.
14.1. You may not assign your rights and/or obligations under these Terms to any other party without our prior written consent. StickerandLabelSA may assign our rights and/or obligations under these Terms to any other party at our discretion and without any prior notice to you.
15. Export Control Laws
15.1. You understand and agree that the software, Services and User data may be subject to import and export control laws and regulations of the Republic of South Africa or the country in which you are situated. You undertake to adhere to all applicable laws and regulations and agree not to, without prior authorisation from the government of the Republic of South Africa or of such other country which is applicable, directly and/or indirectly export, re-export and/or transfer the software and Services to any other country in contravention of such laws and regulations.
16. Force Majeure
16.1. Without limiting the foregoing, no Party to these Terms shall be held liable for any failure to perform in terms of these Terms if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labour dispute, strike, lockout or interruption or failure of electricity, telephone service or internet connectivity, server failure, or technological failure. Neither you, nor StickerandLabelSA, are entitled to terminate these Terms in such circumstances. Any Party affected by such event shall forthwith inform the other Party of same, and shall use all reasonable endeavours to comply with the Terms.
17.1. To the extent permitted by law, these Terms, and the provision of our Services, shall be governed by and construed in accordance with South African law, and any dispute arising out of these Terms and/or our Services shall be submitted to the competent South African courts having the requisite jurisdiction to hear the matter.
18.1. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these Terms and the remaining terms will continue to apply. Failure by StickerandLabelSA to enforce any of the provisions set out in these Terms and/or any other agreement, or failure to exercise any option to terminate, shall not be construed as a waiver of such provisions and shall not affect the validity of these Terms or of any agreement or any part thereof, or the right thereafter to enforce each and every provision.
19. Domicilium Citandi Et Executandi and Contact Information
19.1. The Parties choose as their respective domicilium citandi et executandi for the purpose of legal proceedings and for the purpose of giving or sending any notice provided for or necessary of these Terms, the following:
Physical Address: 14a Shortlands Avenue, Hillcrest, Durban, KwaZulu Natal, South Africa, 3160;
Tel: 086 111 1763
The addresses as provided for shipping of the printed Material Designs or Products.
19.2. A Party may change its domicilium to any other physical address or email address by written notice to the other party to that effect. Such change of address will be effective 7 (Seven) days after receipt of notice of change of domicilium.
19.3. All notices to be given in terms of these Terms will:
19.3.1. be given in writing;
19.3.2. be delivered or sent by email; and
19.3.3. be presumed to have been received on the date of delivery.
19.4. Notwithstanding the above, any notice actually received by the Party to whom notice is addressed will be deemed to have been properly given and received, notwithstanding that such notice has not been given in accordance with the provisions of this clause.
20.1. These Terms have been custom created for StickerandLabelSA by the good folks at Legal Legends www.legallegends.co.za.