GRAFFITIVILLE (PTY) LTD
WEBSITE TERMS & CONDITION
Last update:10 December 2019
1. USE OF THIS WEBSITE
These Terms and Conditions apply your use of this website. Please read them carefully and ensure that you understand them. Your use of this website is subject to your agreement of these terms and conditions. If you do not agree to these terms you must not use or access this website.
In these Terms and Conditions (Terms), “we”,”us” and “our” shall be interpreted as referring to Graffitiville (Pty) Ltd. You should print a copy of these Terms or save them to your computer for future reference.
We may amend these Terms from time to time, therefore please check these Terms to ensure you understand the terms which will apply every time you use the website. These Terms were most recently on the date in the heading above. When we refer, in these Terms, to “in writing”, this will include e-mail.
2. ABOUT GRAFFITIVILLE (PTY) LTD
We operate the website https://www.graffitiville.co.za. Graffitiville (Pty) Ltd is a company registered in South Africa whose registered office is at 160 Hennie Alberts street, Brackenhurst, Alberton, Gauteng
- Email us at firstname.lastname@example.org
- Mobile no Tanya Boshoff 082 856-6507 or Sharlene Labuschagne 081810-9432
If you are emailing us, please include details of your order to help us to identify it. If you send us any notice by e-mail, then it shall take effect from the date you send us the e-mail.
3. OUR ARTWORKS
The images of the Artworks on our site are for illustrative purposes only. Although we have made every effort to display the colours, forms, textures and any other details accurately, we cannot guarantee for example only that your computer’s display of the colours accurately reflect the colour of the Artworks. Artworks actual colour may vary slightly from those images.
Additionally, the description of the Artworks which is presented by each Artwork, is meant solely to provide a wide-ranging idea of the Artwork and certain Artworks may vary in material, size, dimensions or any other descriptive information and we cannot guarantee that the physical Artwork shall be consistent with these details. Talking about art, the works, in a same edition for example only, may vary some from a work to another, even if their visual looks similar, they may not be the same. We suggest you confirm the exact details of an Artwork you are interested in, with the owners Tanya Boshoff and/or Sharlene Labuschagne.
4. INTELLECTUAL PROPERTY RIGHTS
Copyright, trademarks, database rights and all similar rights in this website and marketing materials are owned by Graffitiville (Pty) Ltd, its licensors or relevant third-party content providers. You may use the information on this site but not reproduce it in hard copy for your personal reference. Such information may not otherwise be reproduced, distributed, stored in a data retrieval system or transmitted in any form or by any means without the prior written permission of Graffitiville (Pty) Ltd. Nothing in our marketing materials or in this website should be considered granting any license or right under any trademark of Graffitiville (Pty) Ltd or any third party.
Without express consent you must not:
- republish data/material/information from this website (including republication on another website);
- sell, rent or otherwise sub-license material on the website;
- reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;
- edit or otherwise modify any material on the website; or
- redistribute material from this website except for content specifically and expressly made available for redistribution. Where content is specifically made available for redistribution, it may only be redistributed within your business or to your clients for presentation only.
5. LIMITATION OF LIABILITY
The information on this website is provided free-of-charge, and whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.
6. RESTRICTED ACCESS
We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion. If we provide you with a user ID and password to enable you to access restricted areas of our website or other content or services, you must ensure that that user ID and password is kept confidential. You accept responsibility for all activities that occur under your user ID or password. We may disable your user ID and password at our sole discretion.
7. UNPERMMITED USE OF THE WEBSITE MATERIAL
- You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website.
- You must not use our website in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
- You must not use our website for any purposes related to marketing without our express written consent.
- You must not use our website to copy, publish or send mass mailings or spam.
- You must not use our website to copy, publish or send material which is illegal or unlawful, or material which could give rise to legal action under English and other applicable law.
- All material you copy, publish or send via our website must not be defamatory, obscene, indecent, hateful, discriminatory or inflammatory; such material must not infringe any person’s intellectual property rights or rights of confidence, impinge upon any person’s privacy, or constitute incitement to commit a crime; further, material must not be misleading, deceptive, sexually explicit, threatening, abusive, harassing or menacing.
- We reserve the right to edit or remove any material posted on our website.
- We may take such action as we deem appropriate to deal with the posting of unsuitable material, including suspending or cancelling your account, restricting your access to our website, or commencing legal proceedings against you.
8. HOW WE USE YOUR PERSONAL INFORMATION
9. OUR RIGHT TO VARY THESE TERMS
- We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.
10. EVENTS OUTSIDE OUR CONTROL
- We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by an Event Outside Our Control. An Event Outside Our Control is defined as any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
- If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.
Where the Event Outside Our Control affects our delivery of Artworks to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
11. OTHER IMPORTANT TERMS
- Each of the paragraphs of these Terms operates independently. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
- If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
- If you are a business, a Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of South Africa without regard to the laws that might be applicable under principles of conflicts of law as to all matters, including, but not limited to, matters of validity, construction, effect and performance and both parties agree to the exclusive jurisdiction of the English courts.
- The Terms and Conditions constitute the entire understanding of the parties and supersede all prior discussions, negotiations, agreements and understandings, whether oral or written.
- No change or modification of the Terms and Conditions (including change orders) is valid unless it is IN WRITING AND SIGNED BY ALL THE PARTIES.
- A person who is not party to these Terms and Conditions shall not have any rights under or in connection with them.