FINELINE TERMS OF SERVICE
These Terms of Service (“Terms”) are effective as of : 1 January 2019 “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 ALL USERS UNLESS THE SECTION EXPRESSLY STATES OTHERWISE.
- The website http://www.finelineprint.co.za (“the Website”) is operated by Fineline Reproduction and Printing Studio CC t/a Fineline Print Solutions (bearing registration number: 1991/015986/23) (hereinafter referred to as “Fineline”, “we”, “our” or “us”). The Terms herein are entered into by and between Fineline and the User. Any reference to “Fineline”, “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.
- Accessing and/or use of the 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 the Website. 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).
- 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 posted on the Website. Such modifications will require acceptance by you prior to your continued use of the Website, and shall thereby be construed as your consent to the amended or updated Terms. Your only remedy, should you not agree to these Terms, is to refuse acceptance of the amended or updated Terms, thereby preventing your use of this Website.
- “Browser” shall mean any person who visits any page of the Website, whether by landing at the home page or any other page through use of a hyperlink of another website or by direct access to the Website and who has no intention of using the Services offered by us;
- “Business Days” shall mean any days which are not a Saturday, Sunday or gazetted public holiday in the Republic of South Africa;
- “Business Hours” shall mean between the hours of 08h30 – 17h00 from Monday to Thursday and 08h30 – 16h30 on Fridays;
- “Cart” shall mean the User’s Cart on the Website in which the Services ordered and Fee are reflected;
- “Fee” shall mean the final fee as payable by the User to us in respect of the Services rendered together with VAT and courier fees.
- “Log in Details” shall mean the User’s unique username and password used to access the Services;
- “Material Designs” shall mean the design or artwork as uploaded by a User, which is intended to be printed by us in accordance with the Services;
- “Party” or “Parties” shall mean Fineline and/or or the User as the context implies;
- “Personal Information” shall mean the Personal Information as required from the User in order to register for the Services;
- “Product” shall mean the end product as delivered to the User by virtue of the Services rendered;
- “Registration Process” shall mean the Registration Process to be followed by a Browser on our Website in order to enable them to use the Services and thus make the transition from a Browser to a User;
- “Services” shall mean the Services provided by us to the User as set out in clause 4 below;
- “User” shall mean the Browser who completes the Registration Process on the Website in order to make use of the Services, whether a natural person acting on its own behalf, or on behalf of a company, close corporation or any other business entity.
- 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.
Your agreement to these Terms
- Subject to, and on the basis of a User’s acceptance of the Terms, we grant to you a limited, revocable, non-transferable license to access and use the Website in accordance with the various policies and agreements which may govern such use and access.
Description of our Services
- We provide web-based printing Services, allowing Users to upload their offline marketing Material Designs, such as, but not limited to, flyers, business cards, posters, correx boards, pull up banners and x-banners, in order for such Material Designs to be printed and delivered to the User by us through a courier company.
- Only Users may make use of our Services.
- Each time a User wishes to make use of the Service, the User shall be required to log into the Website using Log in Details.
- In the event of a User being of the view that its Log in Details are being used by someone else, please contact us immediately at email@example.com.
Implementation of the Services
- When a User wishes to make use of our Services, the User shall log onto the Website using its Log in Details and upload the Material Design which the User requires to be printed, entering the Material Design specifications such as size, colour and quantity and print medium from the available selections.
- The Fee in respect of the Services shall then be reflected in the User’s Cart.
- Prior to the purchase being finalised, a User shall view the Cart and either accept or cancel the Services.
- Upon acceptance of the Services a User shall be prompted to proceed to make payment of the Fee.
In submitting a Material Design, the User makes the following representations and warranties:
- all rights in and to such Material Design (including without limitation all rights to the reproduction and display of such Material Design) are obtained by the User, or, alternatively, all necessary rights in and to such Material Design have been obtained;
- all necessary license fees and other financial obligations of any kind arising from any use or commercial exploitation of a Material Design have been paid prior to you uploading same to the Website;
- the Material Design does 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;
- the Material Design does not violate any laws including, but not limited to, those governing consumer protection, unfair competition or false advertising;
- the Material Design does not and may not reasonably be considered to be defamatory, libelous, 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;
- the Material Design does not incorporate materials from a third-party website, or addresses, email addresses, contact information or phone numbers (other than a User’s own);
- the Material Design as uploaded by the User shall not contain any viruses, worms, spyware, adware or other potentially damaging programs or files; and
- the Material Design does not contain any information that may be considered confidential, proprietary or personal insofar as it relates to a third-party.
- By submitting a Material Design, the User grants us the right to pre-screen the Material Design, and should same constitute a breach of any of the above warranties, refuse to perform the Service as required by the User.
- In submitting a Material Design, the User makes the following representations and warranties:
- We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
Payment may be made in one of the following manners:
- Credit Card – where payment is made by credit card, we may require additional information in order to authorise and/or verify the validity of payment. In such cases we are entitled to withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation your order for the Product will be cancelled.You warrant that you are fully authorised to use the credit card supplied for purposes of paying the Fee. You also warrant that your credit card has sufficient available funds to cover the Fee and associated bank costs.
- Instant Electronic Funds Transfer (“EFT”) – if paying via EFT, payment must be made within 5 (five) Business Days of placing your order.
- PayFast, which, in addition to credit cards, shall allow users to make payment using Bitcoin, Mobicred or SCode. Users are encouraged to consult the PayFast website located at www.payfast.co.za to familiarise themselves with the security protocols and other policies in place and which may apply to any transaction conducted through PayFast.
- The order will only be processed once the Fees have been received into our banking account.
The delivery time of the Product to the User shall depend on:
- the availability of the materials; and
- the size of the order.
- Fineline shall provide the User with an estimated date of delivery upon the placement of the order, however the User understands that delivery times are an estimate and not binding on Fineline.
- Fineline shall not be held liable for any defects or imperfections in the Product as a result of the User requesting that delivery of the Product be expedited and delivered ahead of the estimated delivery time.
- The delivery time of the Product to the User shall depend on:
Over / Under Supply
- The User agrees that Fineline reserves its right to either under or over supply the amount of Products ordered by 10% (ten percent), and further that it shall make payment of all quantities so supplied.
Delivery of Product
- In the event of a User requiring a digital copy of the Product prior to the end Product being delivered to it, such request may be made when implementing the Services as set out in clause 6 above.
Hard Copy Delivery:
- We shall appoint a courier company to deliver the Product to the User at the address selected during the payment process, on a Business Day and during Business Hours.
- Prior to delivery the waybill number together with the estimated date of delivery will be transmitted to the User electronically, and the User shall be able to track the delivery status of the Product online and through the courier’s website.
- Should there be no-one available to accept the Product such Product shall be returned to our office, and it shall be incumbent on the User to make alternative arrangements for delivery of the Product. In this event, the User shall not be entitled to a refund of the courier portion of the Fee.
- Our obligation to provide the Product to you is fulfilled when the courier delivers or attempts to deliver the Product to you. We are not responsible for any loss or unauthorised use of the Product thereafter.
Discounts and Promotions
A User may from time to time, and at Fineline’s discretion, qualify for a discount on Services, which discount shall be provided in the form of a unique discount code being emailed to a User.
The discount as associated with the code:
- may not be used as a set off on any special or promotional offer available on the Website at the time of use;
- is non-transferrable and may not be exchanged for cash;
- must be used as a once off application and not split over a period of time;
- must be used per order. You may not accumulate discount codes and use same for one order;
- cannot be replaced if expired; and
- cannot be used as a set off against courier fees.
Fineline shall further from time to time run promotional discounts, which shall be redeemable against a unique promotional code which shall be provided to a User upon a User logging into the Website.
The promotional discount may:
- be used only in conjunction with the specific Service to which the promotional discount pertains;
- is only valid for as long as the promotion is offered;
- is non-transferrable and may not be exchanged for cash;
- must be used as a once off application against the promotion and not split over a period of time; and
- cannot be used as a set off against courier fees.
- The promotional discount may:
- The discount as associated with the code:
- A User may from time to time, and at Fineline’s discretion, qualify for a discount on Services, which discount shall be provided in the form of a unique discount code being emailed to a User.
- If you are not completely satisfied with the Product you may return the Product to us within 7 (seven) days of same having been delivered to you.
- Prior to returning the Product to us, you are required to email us on firstname.lastname@example.org setting out the reason for you wishing to return the Product.
- In the event that the reason for returning the Product is valid, and solely at our discretion, a User shall be provided with a credit in the form of a discount code for the full Fee, less courier fees.
- No refund shall be made by way of a cash reimbursement to a User.
- Digital Delivery:
Warranties by the User
- The User warrants and represents that the Personal Information provided to us is and shall remain accurate, true and correct and that the User will update the Personal Information held by us to reflect any changes as soon as possible by logging on to the Website and editing its Personal Information through the “edit information” tab. Prior to the change being effected by us an email or sms will be sent to the User requesting confirmation that it is in fact the User who is editing the Personal Information.
The User further warrants that when registering on the Website it:
- is not impersonating any person; and
- is not violating any applicable law regarding use of personal or identification information.
Further and insofar as the Registration Process is concerned, the User warrants that the Log in Details shall:
- be used for personal use only; and
- not be disclosed by a User to any third party.
- For security purposes the User agrees to enter the correct Log in Details whenever making use of the Services, failing which access will be denied.
- The User agrees that, once the correct Log in Details relating to the User’s account have been entered, irrespective of whether the use of the Log in Details is unauthorised or fraudulent, the User will be liable for payment of such Product purchased.
Warranties by Fineline
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, we make no representation or warranty as to the volume or subject area of Services accessible through the Website.
- Except for any express warranties in these Terms the Services are provided “as is”. Fineline makes no other warranties, express or implied, statutory or otherwise, including but not limited to warranties of merchantability, title, fitness for a particular purpose or noninfringement. 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 the Website.
- Fineline does not warrant that the use of the Website will be uninterrupted or error free, nor does Fineline warrant that we will review information for accuracy or that we will preserve or maintain the User’s Personal Information without loss.
- Fineline shall not be liable for delays, interruptions, service failures or other problems inherent in use of the internet and electronic communications or other systems outside the reasonable control of Fineline. While a User may have statutory rights, the duration of any such statutorily warranties, will be limited to the shortest period to the extent permitted by required law.
- We make no representation or warranty (express or implied) that the Website or Services will:
Protection of Personal Information
Unauthorised use of the Website or email addresses as provided by us
- A User may not use the Website for any objectionable or unlawful purpose;
- A User is not able to upload any information onto the Website save for the Personal Information as required when completing the Registration Process, or the Material Design when making use of the Services or ordering a Product.
- A User undertakes not to send to us spam mail, or make use of other unsolicited mass e-mailing techniques.
- A User shall not introduce any virus, worm, trojan horse, malicious code or other program which may damage computers or other computer-based equipment through email communication with us.
- A User may not sell, redistribute or use information contained on the Website for a commercial purpose without our prior written consent.
- A User may not remove or alter our copyright notices or other means of identification including any watermarks, as they appear on the Website or any of our emails.
- A User may not distribute or publish any part of the information or content included in the Services on any publicly accessible electronic network, including without limitation the internet and the world wide web, Facebook, YouTube, or otherwise publish, broadcast or display any such information in public.
- 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.
Links to other Websites
- The Website may contain links or portals to other websites. We have no control over websites operated by third parties and the User agrees that we are not responsible for and will have no liability in connection with a User’s access to or use of any third-party website.
Limitation of Liability and Indemnity
- The Website shall be used entirely at a User’s own risk.
- We are not responsible for, and the User agrees that we will have no liability in relation to, the use of and conduct in connection with the Website, or any other person’s use of or conduct in connection with the Website, in any circumstance.
- We cannot guarantee or warrant that any file downloaded from the Website or delivered to you via email will be free of infection or virus, worms, trojan horses or other code that has contaminating or destructive qualities. A User is responsible for implementing appropriate processes, systems and procedures to protect itself from this type of issue.
- A User 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 a User’s improper use of or conduct in connection with the Website, including any breach by a User of these terms or any applicable law or licensing requirements.
- To the maximum extent permitted by law we exclude all implied representations and warranties which, but for these terms, might apply in relation to a User’s use of the Website.
- To the extent that our liability cannot be excluded by law, our maximum liability, whether in contract, equity, statute or tort (including negligence), to a User will be limited to the minimum amount imposed by such law.
- Notwithstanding anything to the contrary in these terms, in 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 type, whether in delict, contract or otherwise.
- Fineline and the contents of the Website are the property of Fineline, unless specified otherwise, and are protected by South African and international copyright laws. Furthermore, the compilation (meaning the collection, arrangement, and assembly) of all content on the Website and/or the Services, is our property, unless credit is attributed to the author thereof, and is, likewise, protected by South African and international copyright laws.
- 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 our prior written permission, which should such consent be provided, we reserve our right to withdraw such consent at any stage, in our sole and absolute discretion.
- Users are expressly prohibited to “mirror” any content, contained on the Website, on any other server unless our prior written permission is obtained, which should such consent be provided, we reserve our right to withdraw such consent at any stage, in our sole and absolute discretion.
- The User is granted a limited, revocable, and non-exclusive right to create a hyperlink to the Website, so long as the link does not portray us, our affiliates, Products or Services in a false, misleading, derogatory, or otherwise offensive manner. A User may not use our logo or other proprietary graphic or trademark as part of the link without our permission or the permission of our affiliates or content suppliers.
- Fineline does not permit copyright infringing activities and infringement of intellectual property rights through our Services or on the Website. 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
- 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 Fineline.
- A User undertakes not to attempt to decipher, decompile, disassemble or reverse engineer any of the software or code comprising or in any way making up a part of the Website including any algorithm used by us.
- We own or are licensed to use all intellectual property on the Website. A User may not use any of our intellectual property for any purpose other than as may be required to use the Website for its intended purpose.
- By using the Services, a User warrants that it owns or is licensed to utilise the intellectual property rights comprising a Product. This includes copyright in respect of any text, as well as the right to use or display any image or logo. The User indemnifies Fineline and agrees to keep Fineline indemnified, from and against any claims by third parties arising from the Product, including any breach of intellectual property rights any third party may bring against us, in relation to the Product.
Assignment and novation:
- We may assign or novate any of our rights or obligations under these Terms without a User’s consent. A User may not assign or novate any of his/her/its rights.
- The failure of either Party to fulfil any of their obligations under these Terms shall not be considered to be a breach of, or default provided such inability arises from an event of Force Majeure, and that either of the Parties who may be affected by such an event has taken all reasonable precautions, due care and reasonable alternative measures in order to meet these Terms, and has informed the other as soon as possible about the occurrence of such an event.
- During the subsistence of Force Majeure, the performance of both Parties under these Terms shall be suspended, on condition that either of them may elect to cancel any Services should the event of Force Majeure continues for more than 14 (fourteen) days by giving written notice to the other.
- Assignment and novation:
- To the extent permitted by law, these Terms shall be governed by and be construed in accordance with South African law, and any dispute arising out of these Terms shall be submitted to the competent South African courts having the requisite jurisdiction to hear the matter.
- To the extent necessary and/or possible, you consent to the exclusive jurisdiction of the Western Cape High Court or an alternative appropriate South African court seized with appropriate jurisdiction in all disputes arising out of the Terms, our Services, and/or related agreements incorporated by reference.
- 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 us 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.
Domicilium Citandi Et Executandi and Contact Information
The User and Fineline 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:
Fineline Reproduction and Printing Studio CC
8 Milner Road, Maitland
Cape Town, Western Cape
The address as provided when registering on the Website.
- Fineline Reproduction and Printing Studio CC
Both the User and Fineline may change its domicilium to any other physical address or email address by written notice to the other to that effect. Such change of address will be effective 7 (Seven) days after receipt of notice of change of domicilium.
- All notices to be given in terms of these Terms will:
- be given in writing;
- be delivered or sent by email; and
- be presumed to have been received on the date of delivery.
- 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.
- The User and Fineline 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:
These Terms have been custom created for Fineline by the good folks at Legal Legends www.legallegends.co.za.
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