Website terms and conditions for Kreatifi (pty) ltd ("Kreatifi") ("terms and conditions").
Read the website terms and conditions carefully before using the website as they go into effect on September 16, 2022, the "effective date."
The usage of the website by a user after reading and accepting the terms and conditions is evidence of that usage. If a user does not agree to the terms and conditions, they must refrain from using the website. The User is subject to all sections of the terms and conditions.
Introduction
Any User who accesses, refers to, views, uploads, or downloads any information or material made available on the Website for whatever purpose, and who shall carry the definition as set out in clause 2.3.8 below as applicable, is subject to these terms, including any document incorporated by reference herein, including, but not limited to, the Privacy Policy. These terms also govern the User's relations with third parties.
After the Effective Date as stated above, accessing and/or using the Website will mean that the User has read, understood, accepted, and is bound by the Terms and Conditions in both their own capacity and/or for and on behalf of any entity for whom they use the Website. Additionally, the User affirms and guarantees that it is authorized to act and, in the case of a natural person, that the User is a Competent Person (as defined in the Protection of Personal Information Act, 4 of 2013, as amended).
We may modify the Terms and Conditions to the extent authorized by relevant law, and the User will be notified by email prior to any changes taking effect. All changes to the Terms and Conditions must also be acknowledged within them. Unless a different date is included in the revised Terms and Conditions, the changes will be effective as of the date specified in the email.
These terms and conditions will be completely applicable and have an impact on how a User uses the website. A User acknowledges full acceptance of the Terms and Conditions as set forth above by using this Website.
Should a User not agree to the terms contained herein, a User must immediately desist from using this Website.
Interpretation
In these Terms and Conditions:
clause headings are for the convenience and are not to be used in its interpretation; unless the context indicates a contrary intention, an expression which denotes:
any gender includes the other gender;
a natural person includes a juristic person and vice versa;
the singular includes the plural and vice versa;
the following expressions bear the meanings assigned to them below and cognate expression bear corresponding meanings:
Any visitor to a page of the website who does not intend to use the Services or who has not yet registered as a User is referred to as a "browser" and may view the home page or any other page of the website directly or through a link from another website;
"Kreatifi" refers to Kreatifi
The legal contracts and papers made accessible to a User for purchase on the Website are referred to as "Items";
“Party” or “Parties” means the User or Kreatifi or both, as the context implies;
“Privacy Policy” means the Privacy Policy which is to be read as if specifically incorporated herein
"Services" refers to the offerings made available by Kreatifi as described in the following paragraph 3;
"Terms and Conditions" refers to these guidelines;
"User" refers to the Browser who completes the Website's registration process, allowing that person or entity to utilize the Services; and
The website that Kreatifi owns, hosts, and manages and where the Services are provided is located at www.Kreatifi.
Even if a provision only appears in the defining clause, it will nonetheless have the same effect as if it were a substantive provision in the body of the Terms and Conditions if it confers rights or imposes responsibilities on any Party.
Words and expressions defined in any clause shall, for the purpose of that clause, bear the meaning assigned to such words and expressions in such clause.
By entering into this Terms and Conditions, the User also agrees to be bound by the Privacy Policy.
Description of our services
Through its website, Kreatifi gives users the option to shop for, reserve, and buy items that are available there on a one-time basis; alternatively, they can do so on a continuing basis.
A User has the option to subscribe, which entitles the User to select from a number of packages that contain pre-selected Items for a certain monthly cost and a predetermined period, as specified on the Website.
Creating an account to use
The Services are only available to Users.
We grant a User a limited, revocable, non-transferable licence to access and use the Website in accordance with the various policies and agreements that may govern such use and access, subject to, and on the basis of, a Browser's acceptance of the Terms and Conditions and resulting in the Browser becoming a User.
A Browser will be recognized as a User and be allowed to use the Services through the Website's log-in process, which includes providing a special username and password, and the provision of certain personal information, as described in the Privacy Policy.
Cost of the items
Each item's individual price as well as the cost of the various bundles that include some of the items will be as shown on the website, in South African Rands, and will include VAT.
Payment
We are devoted to offering safe online payment options. Using the appropriate encryption technology, all transactions are encrypted.
Debit or credit cards are both acceptable forms of payment. In order to authorise and/or verify the legitimacy of the payment, we could ask for extra information when you make a payment. In these circumstances, we have the right to postpone releasing the Items until we have gotten the necessary authorization and received the additional information. We will cancel your order for the Items if we don't get the authorization. A User guarantees that it has complete authorization to use the provided credit or debit card to purchase the Items. The User further guarantees that there are sufficient money on their credit or debit card to pay for all expenses associated with acquiring the Items.
When making a payment, a User will be forwarded to a link to a secure website for payment of the purchase price for the Items.
Items won't be sent to the user until the money has cleared and is recorded in our bank account.
coupons for savings
We may occasionally and at our discretion provide discount coupons for a selection of the Items.
When using a coupon code, the following conditions must be met in order for the discount to be honored:
shall only be used to purchase the item for which the discount voucher is being offered;
if expires, cannot be replaced;
cannot be used to make a credit claim for money that has already been paid for the identical item with cash;
is not redeemable for cash and is not transferable.
Items are released
Within five minutes of the money showing up in our bank account, the User will receive the items via email.
The email address a User submitted when enrolling for the Services must match the email address to which the Items are released.
Warranties by the user
The User guarantees and declares that the personal information they have submitted to us is accurate, true, and current, and that they will promptly update any changes to the personal information we hold.
Additionally, the user guarantees that when signing up on the website, it:
is not posing as someone else; and
is not using personal or identifying information in violation of any applicable laws.
Additionally, and in relation to the registration procedure, the User guarantees that its log-in information will:
only be utilized for personal use; and not be disclosed by a User to any third party.
The User is aware that access to the Services will be suspended if it attempts to purchase Items using erroneous log in information for security reasons.
The User acknowledges that after the right log in information has been entered, regardless of whether the use of the log in information was fraudulent or not, the User will be responsible for payment of any purchased items.
User's unauthorized use of the website
The Website may not be used for any disagreeable or illegal purposes by a User.
Except for the personal information needed to register for the Services, a User is unable to upload any data to the Website.
A User agrees to refrain from sending us spam or using other forms of unwanted mass emailing.
Through email communication with us, a User shall not introduce any virus, worm, trojan horse, harmful code, or other program that may harm computers or other computer-based equipment.
A User may not sell, redistribute or use information contained on the Website for a without first obtaining our written consent.
Any copyright notices, other forms of identification, such as watermarks, that exist on the Website, any of our correspondence, or the Items may not be altered or removed by a User.
Any User who distributes or publishes any information or content from the Services on a publicly accessible electronic network, such as the internet, the world wide web, Facebook, or YouTube, or who otherwise publishes, broadcasts, or displays such information in public, is in violation of this prohibition.
A User understands and agrees that it is solely responsible for compliance with any and all laws, rules and regulations that may apply to its use of the Website or the Services.
Warranties by Kreatifi
We make no representation or warranty (express or implied) that the Website or Services will:
meet a User’s needs;
be accessible at all times;
be accurate, complete or current; or
be free from viruses.
Subject to any express terms, Kreatifi makes no representation or warranty as to the volume or subject area of Services accessible through the Website.
The Services are offered "as is" and are not covered by any express warranties in these Terms. No additional guarantees, whether express, implied, statutory, or otherwise, are made by Kreatifi This includes, but is not limited to, warranties of merchantability, title, fitness for a specific purpose, or noninfringement. We make no guarantees that using or accessing the Website won't infect your computer with viruses, spyware, or other types of malware.
Kreatifi makes no guarantees on the continuity or absence of errors in using the website, the accuracy of the information, or the preservation or ongoing availability of the user's personal information.
Any delays, disruptions, service outages, or other issues arising from the use of the internet, electronic communications, or other systems not under our reasonable control shall not subject Kreatifi to liability. Even though a User may have statutory rights, such statutory warranties will only be valid for the shortest time period allowed by applicable legislation.
Limitation of liability and indemnity
The use of the Website is solely at the risk of the User. We are not accountable for how you use or act in connection with the Website or how anyone else uses or acts in connection with the Website; the User acknowledges this and accepts that we will not be held liable in any way.
We do not promise or assure that any file you download from the website or receive via email will be free of viruses, worms, trojan horses, or other potentially harmful software. It is up to the User to put the proper processes, systems, and procedures in place to safeguard against problems of this nature.
Any User who uses the Website improperly or engages in conduct related to the Website, including any violation by a User of these terms, any applicable law, or licensing requirements, indemnifies us and agrees to keep us indemnified from and against any claim, loss, damage, cost, or expense that we may suffer or incur as a result of or in connection with such improper use or conduct.
To the fullest extent allowed by law, we disclaim any and all implied representations and warranties that may otherwise apply in connection with a User's use of the Website.
Our maximum responsibility to a User, whether in contract, equity, statute, or tort (including negligence), will be limited to the bare minimum required by such legislation, to the extent that our obligation cannot be excluded by law.
Despite anything in these terms to the contrary, under no circumstances will we be liable for any indirect, punitive, or consequential loss or damages, loss of income, profits, goodwill, data, contracts, use of money, or any loss or damages arising from or in any way connected to interruption of the Services of any kind, whether in breach of contract, in delict, or otherwise
Links to other websites
The Website might include gateways or links to other websites. The User acknowledges that we have no control over websites run by third parties and that we shall have no liability in connection with the User's access to or use of any third-party website.
Copyright
Unless otherwise stated, Kreatifi owns the domain name, the website's contents, the Items, and all of their associated intellectual property rights, which are all protected by South African and international copyright laws. Additionally, all content on the Website and/or the Services has been combined (i.e., collected, organized, and assembled) and is our property, unless the creator is given credit. It is also covered by South African and international copyright laws.
Except as provided in the Terms and Conditions, no part of the contents may be duplicated, copied, distributed, republished, downloaded, displayed, posted, or transmitted in any way, including but not limited to electronic, mechanical, photocopying, recording, or otherwise, unless doing so is allowed by the fair use privilege under South African copyright laws, in which case we reserve the right to take legal action.
Users are explicitly forbidden from "mirroring" any of the Website's material on any other server without first obtaining our prior written authorization, and even then, we reserve the right to revoke that consent at any time, in our sole and absolute discretion.
The User is granted a limited, revocable, and non-exclusive permission to make a hyperlink to the Website as long as the link does not unfairly disparage, misrepresent, or otherwise be offensive to us, our affiliates, the Items, or the Services. Without our permission or the consent of our affiliates or content providers, a User may not utilize our logo or any other proprietary graphic or trademark as part of the link.
The exclusive owner of any trademarks, copyrights, and other intellectual property rights in and to any of the Website's content is Kreatifi.
intangible assets
A User agrees to refrain from attempting to reverse engineer, decipher, decompile, disassemble, or otherwise seek to understand any software or code that makes up or in any way is associated with the Website, including any algorithm that we may utilize.
All intellectual property on the Website is either our own or is used under license. Any use by a User of our intellectual property other than what may be necessary to use the Website for its intended purpose is strictly prohibited.
Confidentiality
Any documents or information created, received, or obtained from Kreatifi, as well as information relating to Kreatifi and non-public information pertaining to Kreatifi's business (including, without limitation, pricing information, any related entities, a User's identity, and any content marked confidential or reasonably construed as being confidential due to its nature) are collectively referred to as "Confidential Information" and must be kept private
Without our prior written consent or in breach of any express or implied duty or contractual right, a User may not divulge, solicit, make public, or misappropriate any Confidential Information, trade secrets, or other proprietary information that belongs to Kreatifi.
When a User is obliged by law to disclose Confidential Information, it must notify the third party that disclosed it of the necessity as soon as it is practical to do so and consult with them before exposing any of their Confidential Information.
Any suspected or actual violations of this requirement must be immediately reported by the User to Kreatifi.
Except when the user gives permission, when the information is already public knowledge (through no breach of the Terms and Conditions), in furtherance of the user's use of the Services, to enforce all or any of the terms, or if legally required to do so, Kreatifi will not disclose or make available any User's Confidential Information.
Protection of data
Kreatifi makes every effort within reason to keep its systems secure. However, it is unable to guarantee that breaches of Kreatifi's administrative, managerial, and technical measures would prevent access to, disclosure of, alteration of, or destruction of personal information, or alternatively any data posted onto the Website. Kreatifi therefore advises the User to take the necessary security measures to protect its personal information and login information, including never disclosing its password to anybody.
Breach
If the User violates these terms and conditions and does not correct the violation within 7 (seven) days of receiving written notice requiring the violation to be remedied, the giving party may choose to either terminate the terms and conditions and/or access to the website and/or website and seek damages, or alternatively, seek specific performance of all the defaulting party's obligations, as well as damages, if any, whether or not the defaulting party was aware of the breach.
Dispute resolution
Any disagreement over the Terms and Conditions that develops between the User and Kreatifi requires the Parties to make good faith efforts to reach a mutually agreeable resolution informally within 7 (seven) days of the disagreement being made in writing.
If the dispute cannot be settled using the aforementioned procedures, it will be finally settled by an arbitrator or arbitrators chosen by the Arbitration Foundation of South Africa ("AFSA") in line with its regulations.
Either Party may request in writing to the opposing Party that a disagreement be submitted to arbitration. This provision shall not prevent either Party from seeking urgent interim remedy from a court of competent jurisdiction while awaiting the arbitrator's ruling.
The aforementioned arbitration shall take place as soon as possible, in English, at Cape Town or another location determined by the parties in writing, and with a deadline of 21 (twenty one) days from the date it is required.
The parties unwaveringly concur that the arbitrator's ruling will:
shall be final and enforceable against them;
shall be put into practice;
may be made a court order by any court with the necessary authority.
Domicilium and notices
For the purpose of legal proceedings and for the purpose of issuing or sending any notice required by the Terms and Conditions, the Parties each designate the following as their respective domicilium citandi et executandi:
karli@kreatifi.co.za is the email address for Kreatifi.
User: The address as provided when registering on the Website.
By giving the other party written notice to that effect, either Party may change their domicilium to any other physical address or email address. This address change will take effect 7 (seven) days after receiving the notice of domicilium change.
Any and all notices required by the Terms and Conditions shall:
give written notice;
delivered in person or conveyed through email; and
to be taken as having been obtained on the day of delivery.
Even if a notice was not issued in conformity with the terms of this section, it will nonetheless be considered to have been properly given and received if it is genuinely received by the Party to whom it is addressed.
Variation
No agreement that modifies, augments, subtracts from, or cancels the Terms and Conditions, nor does it relinquish any right under them, shall be effective unless it is in writing and is signed by or on behalf of the Parties. Writing is not intended to be taken as email correspondence that uses email signatures.
Survival
Clauses that must or implicitly survive the termination of these terms and conditions will still be fully effective after the end of this agreement.
The Electronic Communications and Transactions Act 25 of 2002 ("Ect Act") is applied.
If and when Kreatifi responds to the Data Messages, Kreatifi will be regarded to have received Data Messages (as defined in the ECT Act).
According to the guidelines outlined in section 23(b) of the ECT Act, Data Messages delivered by Kreatifi to a User will be presumed to have been received by the User, as applicable.
The User acknowledges that acceptable electronic interactions between themselves and Kreatifi do not necessitate the use of electronic signatures, encryption, or authentication.
General
No agreements, representations, or warranties between the Parties regarding the subject matter hereof other than those set forth herein are binding on the Parties; the Terms and Conditions represent the complete understanding between the Parties with respect to the subject matter hereof.
Any provision of the Terms and Conditions that we fail to enforce shall not be deemed waived by us. Furthermore, unless it is confirmed in writing and signed by us, any consent to deviate from the Terms and Conditions shall be useless.
Except when prohibited or rendered ineffective by law, any current or future legislation that modifies a person's obligation, right, power, or remedy in connection with the Terms and Conditions is excluded.
The rights, powers, and remedies granted to Kreatifi in the Terms and Conditions are in addition to and do not preclude those granted by independent legal provisions that are not part of the Terms and Conditions.
The Conditions and Conditions, in addition to the other terms and legal documents published on the Website, serve as the full agreement for the delivery of the Services. The User acknowledges and agrees that aside from the assertions made in the Terms and Conditions, it has not relied on any other statements made by Kreatifi.
Regarding these Terms and Conditions, the laws of the Republic of South Africa shall apply.
Without a User's permission, Kreatifi may assign or novate any of its rights or duties under these Terms and Conditions. Users are not permitted to transfer or assign any of their rights.
The remaining provisions shall remain in full force and effect if any provision of this clause is found to be invalid.