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TERMS & CONDITIONS
Last Updated: 10th of May, 2022,
Welcome to picframing.co.za. Your use of this website, www.picframing.co.za, is governed by the terms (“Terms”) appearing herein below, as updated from time to time. The current version of these Terms is indicated hereinabove. These Terms constitute a legally binding agreement between you and Picture Framing Fourways, registered as KT Framing Agencies CC the owner and operator of picframing.co.za.
By using this website, you agree to these conditions. Please read them carefully.
We offer a wide range of Products & Services, and sometimes additional terms may apply. In addition, these terms and our Privacy Policy are subject to change without notice. An up-to-date version of the Terms and the Privacy Policy shall be available on www.picframing.co.za. The current version of the Terms and the Privacy Policy shall be as indicated at the head of those documents. By using this website you agree to be bound by these Terms.
SPECIAL UPDATE: COVID-19
Picture Framing Fourways will do its utmost best to manufacture and deliver within our agreed timelines during the COVID-19 pandemic. Our team monitors the situation every day how we can make sure our supply chains are not going to be affected by the coronavirus. If we run into a delay please bare with us. In case South Africa faces a complete lockdown we will deliver your item as soon as possible. Items ordered cannot be cancelled while being in production.
WHAT OTHER DOCUMENTS ARE RELEVANT
Please read our Privacy Policy which sets out how we collect, use, and store information about our customers. The Privacy Policy also governs your visit to www.picframing.co.za and is incorporated by reference into these terms. In the event of any conflict between the Privacy Policy and these Terms - and assuming that there isn't a way to read those documents that are consistent - these Terms will take precedence.
ELECTRONIC COMMUNICATIONS
When visiting www.picframing.co.za, or when you send us e-mails, you are communicating with us electronically. By using www.picframing.co.za you consent to receive communications from us electronically. We may communicate with you by e-mail or by posting notices on this site. You consent that all agreements, notices, disclosures and other communications that we provide to you electronically will satisfy any legal requirement that such communications be in writing.
COPYRIGHT
All content included in or made available through pic framing.co.za, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of Picture Framing Fourways or our content suppliers. This material is protected by South African and international copyright laws. All of the content included in or made available through www.picframing.co.za is the exclusive property of Picture Framing Fourways and protected by South African and international copyright laws.
OTHER INTELLECTUAL PROPERTY
Picture Framing Fourways is the sole owner or lawful licensee of all the rights and interests of the website picframing.co.za. You agree not to infringe on any or all of the title, ownership and intellectual property rights of Picture Framing Fourways. You hereby indemnify Picture Framing Fourways to the extent of any breach of intellectual property rights by or through your use of picframing.co.za. All rights not otherwise claimed under the Terms or by Picture Framing Fourways are hereby reserved.
PROPER USE AND ACCESS
You shall not engage in any activity directly or indirectly which undermines the integrity of the computer systems, networks and/or other electronics of Picture Framing Fourways and/or of other users of Picture Framing Fourways. You shall not gain and/or attempt to gain unauthorized and/or unlawful access to Picture Framing Fourways computer systems and networks and/or any and all data or information therein. You agree to use Picture Framing Fourways for your personal use only and shall in no event use any or all of the information, text, images, graphics, video clips, sound, directories, files, databases, listings etc. obtained on or through Picture Framing Fourways for commercial purposes of any sort, nor for copying, reproducing, downloading, compiling whether directly, indirectly. Use of any content on picframing.co.za for purposes other than appearing in these Terms is prohibited.
INDEMNITY
You hereby agree to indemnify and save Picture Framing Fourways, our affiliates, directors, officers and employees harmless, from any and all losses, claims, and liabilities (including legal costs on a full indemnity basis) which may arise from such your use of Picture Framing Fourways or Services (including but not limited to the display of your information on Picture Framing Fourways) or from your breach of any of the Terms. You hereby further agree to indemnify and save Picture Framing Fourways, our affiliates, directors, officers and employees harmless, from any and all losses, damages, claims, and liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by Third Party Rights claimants or other third parties relating to information about such third parties and/or any of their goods and/ or services. You also agree further that Picture Framing Fourways is not responsible and shall have no liability to you, for any material posted by others, including defamatory, offensive or illicit material and that the risk of damages from such material rests entirely with you. Picture Framing Fourways reserves the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with Picture Framing Fourways in asserting any available defences.
COPYRIGHT COMPLAINTS
Picture Framing Fourways respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us.
FORCE MAJEURE
Picture Framing Fourways shall in no event be held responsible for the delay and/or non-provision of the Services or Products, or unavailability of the Platform for any reason whatsoever including but not limited to events beyond the reasonable, such as Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
APPLICABLE LAW
These Terms and our relationship and/or any dispute arising from or in connection with these Terms shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Picture Framing Fourways Platform will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms.
In the event of any dispute arising between you and Picture Framing Fourways, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Gauteng, Johannesburg) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
Nothing in this clause or the Terms limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.
MISCELLANEOUS
Assignments and transfers
A User must not assign or transfer any of its rights or obligations under this agreement, or attempt to do so, without the prior written consent of each of the other parties. Picture Framing Fourways is entitled to transfer any rights and obligations to any third parties at its sole and absolute discretion.
Entire agreement
This agreement and the policies and procedures set out on the Picture Framing Fourways Platform from time to time contain everything the parties have agreed in relation to the use of the Picture Framing Fourways Platform
Exercise of rights
A party may exercise a right, power or remedy at its discretion, and separately or concurrently with another right, power or remedy. A single or partial exercise of a right, power or remedy by a party does not prevent a further exercise of that or any other right, power or remedy and failure by a party to exercise, or delay by a party in exercising a right, power or remedy does not prevent its exercise. Except where expressly stated to the contrary in this agreement, the rights of a party under this agreement are cumulative and are in addition to any other rights available to that party whether those rights are provided for under this agreement or by law.
No adverse construction
No term or condition of this agreement will be construed adversely to a party solely on the ground that the party was responsible for the preparation of this agreement or that provision.
Severability
Each provision of this agreement is individually severable. If any provision is or becomes illegal, unenforceable or invalid in any jurisdiction it is to be treated as being severed from this agreement in the relevant jurisdiction, but the rest of this agreement will not be affected. The legality, validity and enforceability of the provision in any other jurisdiction will not be affected.
Time of essence
Time is of the essence for the performance by each party of its obligations under this agreement.
Waivers
A waiver or relaxation of any right, power or remedy under this agreement must be in writing signed by the party granting it. A waiver only affects the particular obligation or breach for which it is given. It is not an implied waiver of any other obligation or breach of an implied waiver of that obligation or breach on any other occasion. The fact that a party fails to do, or delays in doing, something the party is entitled to do under this agreement does not amount to a waiver.
Release
You release Picture Framing Fourways (and Picture Framing Fourways’s officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with disputes with one or more Users, or an outside party.
Variation
Picture Framing Fourways is permitted to revise these Terms at any time as it sees fit, without prior notice to a User, and any revisions will take effect when posted on the website unless a later date is stated in the revised Terms. A User’s continued use of this website will be construed as a User’s consent to the amended or updated Terms and will be conditional upon the Terms in force at the time of use. A User’s only remedy, should such User not agree to these amended Terms, is to stop the use of this Website.
Breach
To the extent permitted by law, if either Picture Framing Fourways or the User commits a breach of these Terms and fails to remedy such breach within 7 (seven) days of receipt of written notice requiring the breach to be remedied, then the party giving notice shall be entitled, at its option, either to cancel these Terms and claim damages or alternatively to claim specific performance of all the defaulting party’s obligations, together with damages, if any, whether or not such obligations have fallen due for performance.
Disputes
In the event of any dispute or difference arising between Picture Framing Fourways and the User relating to or arising out of these Terms, including the implementation, execution, interpretation, rectification, termination or cancellation of these Terms, Picture Framing Fourways and the User or any of their designated officials shall upon request by the other meet to attempt to settle such dispute or difference, and failing settlement within a period of 7 (seven) business days from such a request, the said dispute or difference shall on demand by either Picture Framing Fourways or the User be submitted to arbitration in Johannesburg in accordance with the Rules of the Arbitration Foundation of Southern Africa by an arbitrator or arbitrators appointed by the Foundation.
Picture Framing Fourways and the User agree that the decision in any arbitration proceedings:
will be binding on both of them;
will forthwith be carried into effect;
may be made an order of any court of competent jurisdiction.
Domicilium Citandi Et Executandi and Contact Information
Nothing herein contained shall be deemed to prevent or prohibit either Picture Framing Fourways or the User from applying to the appropriate court for urgent relief.
Picture Framing Fourways and the User 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 in respect of these terms as follows: Picture Framing Fourways: Shop No. 9, PH 1, Forest Road, Design & Decor Centre, Corner of Sunset Avenue, Pineslopes, Fourways, Sandton, 2062
DISCLAIMER
The use of the Picture Framing Fourways Platform is entirely at your own risk and you assume full responsibility for any risk or loss resulting from the use of the Picture Framing Fourways Platform or reliance on any information on the Picture Framing Fourways Platform.
Whilst Picture Framing Fourways takes reasonable measures to ensure that the content of the Picture Framing Fourways Platform is accurate and complete, Picture Framing Fourways makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Picture Framing Fourways Platform or as to the accuracy, completeness or reliability of any information on the Picture Framing Fourways Platform. If any such representations or warranties are made by Picture Framing Fourways’s representatives, Picture Framing Fourways shall not be bound thereby.
Picture Framing Fourways disclaims liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Picture Framing Fourways Platform and/or any content therein unless otherwise provided by law.
Any views or statements made or expressed on the Picture Framing Fourways Platform are not necessarily the views of Picture Framing Fourways, its directors, employees and/or agents.
In addition to the disclaimers contained elsewhere in these Terms, Picture Framing Fourways also makes no warranty or representation, whether express or implied, that the information or files available on the Picture Framing Fourways Platform are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risks associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or willful misconduct of Picture Framing Fourways, its employees, agents or authorised representatives. Picture Framing Fourways thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in connection with your access to or use of the Website.
Picture Framing Fourways is not responsible for any remarks, information or other content posted or made available on the Picture Framing Fourways Platform by any User, even if such content is defamatory or otherwise legally actionable. Picture Framing Fourways is not responsible for and does not monitor or censor content for accuracy or reliability (although it reserves the right to remove any content at any time without giving any reason).