TERMS AND CONDITIONS OF USE

OF WWW.CREATIVELYLEGAL.MYSHOPIFY.COM &
WWW.CREATIVELYLEGAL.CO.ZA

 

TERMS

Thank you for visiting www.creativelylegal.myshopify.com/www.creativelylegal.co.za.  This document sets out the terms and conditions (“Terms”) regulating access to and use of our website: www.creativelylegal.co.za / www.creativelylegal.myshopify.com (collectively the “Site”). Any reference to “we”, “us” and “our” refers to Creatively Legal and Nicky van der Westhuizen t/a Creatively Legal, and users of the Site are referred to as “you” or “user”.

These Terms apply to all users of the site, including if you are merely browsing or if you are a vendor, customer, potential customer, merchant or any form of associated business.

Please read these Terms carefully – by accessing or using any part of the Site and/or purchasing something from us, you engage in the services that we provide (“service”), and accordingly you agree to these Terms, including the Privacy Policy. If you disagree with any of the Terms, you must refrain from accessing the Site and using or purchasing any of our products or services.

We may, in our sole discretion, update, amend and/or replace any of, or the whole of, the Terms, without notice. Such amendments shall supersede and replace any previous Terms and shall be made available on the Site. Each time you access the Site, you shall be deemed to have consented, by such access and/or use, to the Terms, as amended and/or replaced by Creatively Legal, from time to time.

In the event of a dispute as to the content of the Terms at any time, a certificate signed by the administrator responsible for maintaining the Site shall be prima facie proof of the date of publication and content of the current version and all previous versions of the Terms.

PRODUCTS

Our products, templates and services products (collectively “Products”) are available exclusively online through the Site. Each of our Products may have additional specific terms and conditions, but these will be clearly displayed on the page where you purchase the Product. Our Products are subject to return only in accordance with our Return Policy. We are unable to take responsibility for your selection of the correct Product for your requirements – please ensure you have understood the details of each specific Product before placing your order.

Any templates or documents are created in Word. We cannot guarantee the manner of display on User’s computer, tablet or cellular telephone.

We reserve the right, but we are not obligated, to limit the sales and/or quantities of our Products to any person or region. We may exercise this right on a case-by-case basis.

All descriptions of Products and pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time.

We do not warrant that the quality of any Products, information, or other material purchased or obtained by you will meet your expectations. Should you experience a problem with any of our Products, please send an email to us.

PRICING; ACCURACY OF BILLING AND ACCOUNT INFORMATION

Prices of Products are as shown on the Site from time to time. Any price changes will not affect any Products that have already been purchased through the Site and the payment has been fully processed.

You agree to provide current, complete, and accurate purchase and account information for all purchases made on or through the Site. You agree to promptly update account and other information, including your email address, delivery address and credit card numbers and expiration dates, so that we can complete your transactions and contact you when required.

Although some content may be transferred across networks and/or devices unencrypted, credit information is always encrypted during transfer over networks.

Please take care to enter the correct email address details when you purchase a Product as we cannot take responsibility for any incorrect information provided.

CONTENT OF THE SITE

We may, in our sole discretion, make improvements to the Site, or change or discontinue any feature of the Site, as well as any information or content on the Site.

We may also change any prices and rates quoted on the Site at any time, without notice.

We may use the services of and information obtained from other organisations to provide information on the Site. We do not control this information and make no representations or warranties of any nature as to its accuracy, appropriateness, or correctness. You agree that such information is provided “as is” and that neither we nor our online partners shall be liable for any losses or damages that may arise from your reliance on it, howsoever these may arise.

We make no representations or warranties, either express or implied, as to the accuracy, completeness, or reliability of any information, data and/or content on the Site. In addition, and without limiting the generality of the aforegoing:

  • We do not warrant that the Site, the information or downloads shall be error-free or that they shall meet any particular criteria of performance or quality. We expressly disclaim all implied warranties, including without limitation, warranties of merchantability, fitness for a particular purpose, non-infringement, compatibility, security and accuracy;
  • Whilst we have taken reasonable measures to ensure the integrity of the Site and its contents, no warranty, either express or implied, is given that any files, downloads or applications available via the Site are free of viruses, Trojans, time bombs, time-locks or any other data or code which has the ability to corrupt, damage or affect the operation of the user’s system; and
  • We disclaim any responsibility for the verification of any claims. Information published on or through the Site may be done so in the format in which we receive it and statements from external parties are accepted as fact.

LINKED THIRD PARTY WEBSITE AND THIRD-PARTY CONTENT

We may provide links to third party sites on the Site. These links are provided to users for convenience purposes only and we do not endorse, nor does the inclusion of any link imply our endorsement of, such sites, their owners, licensees or administrators or such sites’ content or security practices and operations.

While we seek to provide links only to reputable sites or online partners, we cannot accept responsibility or liability for the information provided on other sites. Linked websites or pages are not under, nor subject to, our control. We are not responsible for and give no warranties and make no representations in respect of the privacy policies or practices of linked or any third party or advertised websites on the Site.

You agree that we shall not be held liable, directly or indirectly, in any way for the content, the use or inability to use or access to any linked website or any link(s) contained in a linked website, nor for any loss or damage of any sort incurred as a result of any dealings with, or as the result of the presence of such third party linked websites on the Site. Any dealings you have with any linked websites, including advertisers, found on the Site are solely between you and the third party site.

LINKING AND FRAMING

Without our prior written approval (which approval, or conditional approval, may be withheld in our sole discretion), you may not establish a hyperlink, frame, metatag or similar reference, whether electronically or otherwise (collectively “linking”) to this Site or any subsidiary pages or applications.

An application for linking must be submitted to us at nicky@njlegal.co.za. We shall take reasonable steps to respond and enter into further discussions with you regarding the application. Should you not receive a written response from us within 7 (seven) days, the request shall be deemed to be rejected.

USAGE RESTRICTIONS 

You hereby agree that you shall not yourself, nor through a third party:

  • copy (other than for backup, archival or disaster recovery purposes), reproduce, translate, adapt, vary, modify, lease, licence, sub-licence, encumber or in any other way deal with any portion of the Site for any reason and in any manner, unless it is consistent with the intent and purpose of these Terms;
  • transmit to or through the Site any worms or viruses or any code of a destructive nature;
  • decompile, disassemble or reverse engineer any portion of the Site;
  • collect service listings, descriptions or other information displayed on the Site;
  • write and/or develop any derivative of the Site or any other software program based on the Site;
  • modify or enhance the Site. In the event of the user effecting any modifications or enhancements to the Site in breach of this clause, such modifications and enhancements shall be our property;
  • remove any identification, trademark, copyright or other notices from the Site; and
  • use the Site for any purpose other than pure general information purposes only.

CONFIDENTIALITY, USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

Any information or material you send to us will be deemed not to be confidential, unless otherwise agreed in writing between you and us. Notwithstanding the aforegoing, we will always handle any information or material sent to or transmitted through us in accordance with the applicable provisions of the Protection of Personal Information Act, 2013.

Should we request specific submissions (for example in giveaway or competition entries) or should you send us any creative ideas, suggestions, proposals, plans, or other materials, whether online, by email or in any other form (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any such comments. We shall not be obliged to maintain any comments in confidence; to pay compensation for any comments; or to respond to any comments.

We may monitor, curate, edit or delete content that we determine in our sole discretion is unlawful, offensive, threatening, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.

You warrant that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right and further agree that your comments will not contain defamatory or otherwise unlawful, abusive, or obscene material. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

PERSONAL INFORMATION

Any personal information that you may submit to and/or through the Site is regulated by our Privacy Policy.

SECURITY

In order to ensure the security and reliable operation of the services to all our users, we hereby reserve the right to take whatever action we find necessary to preserve the security, integrity and reliability of its network and back-office applications.

You may not utilise the services and/or Site in any manner which may compromise the security of our networks or tamper with the services or the Site in any manner whatsoever, which shall include without limitation, gaining or attempting to gain unauthorised access to the Site, or delivering or attempting to deliver any unauthorised, damaging or malicious code to the Site, all of which is expressly prohibited. Any person or entity which does so, or attempts to do so, shall be held criminally liable. Further, should we suffer any damage or loss, whether directly or indirectly, as a result thereof, we shall claim civil damages against you.

Should you commit any of the offences detailed in Chapter 13 of the Electronic Communications and Transactions Act (ECT Act) (specifically sections 85 to 88 (inclusive)) you shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by us and our affiliates, agents and/or partners.

INTELLECTUAL PROPERTY RIGHTS

For the purpose of this clause, the following words shall have the following meanings ascribed to them:

  • “copyright” means whether existing now or in the future, in and to, the software including without limitation, designs and documentation relating thereto; and
  • “intellectual property rights” means all intellectual property of any nature whatsoever owned and/or controlled directly by us or under licence by us, including without limitation, our rights, title and interest in and to all technology, source code/s, trade secrets, logos, systems, methods, trademarks, trade names, styles, insignia, designs, patterns, patents and copyright relating to its products, services and software, whether registered or not.

All copyright and other intellectual property rights in all content, trademarks, software, data, material, including logos, databases, text, graphics, icons, hyperlinks, private information, designs, patterns, agreements, and multimedia works, published on or via the Site, are the property of, or are licensed to, us and as such are protected from infringement by local and international legislation and treaties.

All rights not expressly granted are reserved. The copyright in all content, information and logos vesting in the Site shall continue to vest in us and no right, title or interest in any proprietary material or information contained in the Site is granted to the user.

Except with our express written permission and/or in specific accordance with these Terms, no logo, graphic, sound or image from the Site may be copied or retransmitted.

Irrespective of the existence of copyright, you acknowledge that we are the proprietor of all material on the Site (except where a third party is indicated as the proprietor), whether it constitutes confidential information or not, and that you have no right, title, or interest in any such material.

We authorise you only to view, copy, temporarily download to a local drive and to print the content of the Site, or any part thereof, provided that such content is used for information purposes only.  

RISK, LIMITATION OF LIABILITY AND INDEMNITY

Your use of this Site and the information contained on the Site is entirely at your own risk and you assume full responsibility and risk of loss resulting from the use thereof.

This Site is intended solely for general information purposes. Nothing on this site should be taken as legal advice for any particular case, circumstances or situation. Nothing on this site should be interpreted as establishing an attorney-client relationship in any way. Although I am an attorney, I am not your attorney. Should you have any concerns about whether any templates or documents are appropriate for you and your business, you should consult your attorney.

The transmission of information via the internet, including without limitation via a mobile application and via email, is susceptible to monitoring and interception. You bear all risk of transmitting information in this manner. Under no circumstances shall we be liable for any loss, harm, or damage suffered by you as a result thereof. We reserve the right to request independent verification of any information transmitted via the Site and/or via email and you consent to such verification should we deem it necessary.

To the extent permissible by law:

  • Neither we, our affiliates, shareholders, agents, consultants or employees shall be liable for any damages whatsoever, including without limitation any direct, indirect, special, incidental, consequential or punitive damages, howsoever arising (whether in an action arising out of contract, statute, delict or otherwise) related to the use of, or the inability to access or use the content of the Site or any functionality thereof, or the information contained on the Site, or of any linked website or application, even if we know or should reasonably have known or are expressly advised thereof.
  • Our liability for faulty execution of the Site as well as all damages suffered by the user, whether direct or indirect, as a result of the malfunctioning of the Site shall be limited to us rectifying the malfunction, within a reasonable time and free of charge, provided that we are notified immediately of the damage or faulty execution of the Site. This liability shall fall away and be expressly excluded if the user attempts to correct or allows third parties to correct or attempt to correct the Site without our prior written approval. However, in no event shall we be liable to the user for loss of profits or for special, incidental, consequential or punitive losses or damages arising out of or in connection with the Site, or its use or the delivery, installation, servicing, performance or use in combination with other computer software and/or applications.
  • You hereby unconditionally and irrevocably indemnify us and agree to hold us free from all loss, damages, claims and/or costs, of whatsoever nature suffered or incurred by us or instituted against us as a direct or indirect result of:
    • the user’s use of the products and services on the Site;
    • software, programs, and support services supplied by, obtained by or modified by User or any third party without our consent or knowledge;
    • the user’s failure to comply with any of the Terms or any other requirements which we may impose from time to time;  
    • the actions or requirements of any telecommunications authority or a supplier of telecommunications services or software; and/or
    • any unavailability of, or interruption in, the service which is beyond our control.

BREACH; CANCELLATION

We are entitled without notice, in addition to any other remedy available to it at law or under these Terms, including obtaining an interdict, to cancel these Terms, and/or limit or deny a user use of the Site, or to claim specific performance of any obligation whether or not the due date for performance has arrived, in either event without prejudice to our right to claim damages, should the user:

  • breach any of these Terms;
  • in our sole discretion, use the Site in an unauthorised manner; or
  • infringe any statute, regulation, ordinance or law.

Breach of these Terms entitles us to take legal action without prior notice to the user and you agree to reimburse our costs associated with such legal action on an attorney and own client scale.

COMPLIANCE WITH SECTION 43(1) OF ECT ACT 

In compliance with section 43(1) of the ECT Act, the following is noted:

  • Full name: NJ van der Westhuizen t/a Creatively Legal
  • Physical address: 30 Glamorgan Road, Parkwood, Johannesburg, 2193, South Africa
  • Telephone number: 0823777457
  • Website address: creativelylegal.co.za; www.creativelylegal.myshopify.com
  • Email address: nicky@njlegal.co.za

GENERAL COMPLIANCE WITH LAWS 

You shall comply with all applicable laws, statues, ordinances and regulations pertaining to your use of the services and the accessing of this Site.

NOTICES 

Except as explicitly stated otherwise, any notices to us shall be given by email to nickky@njlegal.co.za and to the user at the email address you may specify. Notice shall be deemed given 48 hours after email is sent, unless the sending Party is notified that the email address is invalid. Notice may also be delivered to the following physical address: 30 Glamorgan Road, Parkwood, Johannesburg, 2193. In this case, notice shall be deemed to be given on the date of delivery thereof. You acknowledge that all agreements, notices or other communication required to be given in terms of the law or these Terms may be given via electronic means and that such communications shall be “in writing”. Notwithstanding anything to the contrary, a written notice or communication actually received by a Party shall be an adequate written notice or communication to it, notwithstanding that it was not sent to or delivered at its chosen address/es for that purpose.

TERMINATION; FORCE MAJEURE

These Terms are effective unless and until terminated by either you or us. You may terminate the application of these Terms to you at any time by notifying us that you no longer wish to use our Services, or when you cease using our Site. The obligations and liabilities of the parties incurred prior to the termination date of these Terms shall survive the termination of these Terms for all purposes.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we may terminate your right without further notice to use the services and/or access the Site in any way and for any reason whatsoever. In such circumstances, the user will remain liable for all amounts due up to and including the date of termination.

Neither of us will be responsible for any breach of these Terms that is caused by circumstances beyond the party’s respective control, including flood, fire, earthquake, war, storm, hurricane, industrial action, government restrictions, or acts of God. If a force majeure occurs, the party affected must immediately advise the other party, so that they can discuss other ways to carry out any affected responsibilities. The parties will continue to comply with the responsibilities that are not affected by the circumstances. Where a party cannot fulfil a material part of its responsibilities for more than 60 days because of force majeure, the other party may cancel this agreement by written notice.

DISPUTES

These Terms, our relationship and any disagreement or dispute arising from or in any way connected to these Terms shall be governed and interpreted in accordance with the laws of the Republic of South Africa.

Through accessing the Site, the user consents and submits to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other.

Nothing in these Terms limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.

GENERAL CLAUSES

These Terms shall be governed in all respects by the laws of the Republic of South Africa as such laws are applied to agreements entered into and to be performed entirely within South Africa.

We control, operate, and administer this Site from our business premises within the Republic of South Africa. We make no representation that the content of the Site is appropriate or available for use in other locations or countries. Access to the Site from territories or countries where the content of the Site is illegal is prohibited. Users may not use this Site in violation of South African export laws and regulations. If the user accesses this Site from locations outside of South Africa, that user is responsible for compliance with all local laws.

We do not guarantee continuous, uninterrupted or secure access to its services, as operation of the Site may be interfered with as a result of a number of factors which are outside of our control.

If any provision of these Terms is held to be illegal, invalid or unenforceable for any reason, such provision shall be struck out from these Terms and the remaining provisions shall be enforced.

Our failure to act with respect to a breach by a user or others does not constitute a waiver of our right to act with respect to subsequent or similar breaches.

You shall not be entitled to cede your rights or assign your rights or delegate your obligations in terms of these Terms to any third party without our prior written consent.

We shall not be bound by any express or implied term, representation, warranty, promise or the like not recorded herein, whether it induced the contract and/or whether it was negligent or not.

The rule of construction that a contract shall be interpreted against the party responsible for the drafting or preparation of the contract, shall not apply.

The head notes to the paragraphs to these Terms are inserted for reference purposes only and shall not affect the interpretation of any of the provisions to which they relate.

Words importing the singular shall include the plural and vice versa, and words importing any one gender shall include all other genders and neutrals, and words importing persons shall include partnerships and corporate and unincorporated entities.

When any number of days is prescribed in these Terms, same shall be reckoned exclusively of the first and inclusively of the last day unless the last day falls on a Saturday, Sunday or public holiday as officially proclaimed in the Republic of South Africa, in which case the last day shall be the next succeeding day which is not a Saturday, Sunday or public holiday.

The expiration or termination of these Terms shall not affect such of the provisions of these Terms as expressly provide that they shall operate after any such expiration or termination or which of necessity must continue to have effect after such expiration or termination, notwithstanding that the clauses themselves do not expressly provide for this.

Where figures are referred to in numerals and in words, if there is any conflict between the two, the words shall prevail.

Expressions defined in these Terms shall bear the same meanings in schedules or annexures to these Terms which do not themselves contain their own conflicting definitions.

These Terms, read together with the other documents available on the Site (including but not limited to the Privacy Policy, Refund Policy and Shipping Policy) contain the entire understanding and agreement between us and the user with respect to the subject matter hereof.

 

 

 

LAST UPDATED: 17 August 2022