SOUTHDESIGN – TERMS AND CONDITIONS
Last Updated: 2 April 2025
1. INTRODUCTION
Welcome to SouthDesign (“we,” “our,” or “us”). These Terms and Conditions (“Terms”) govern your access to and use of our website, services, products, and content (collectively, our “Services”).
By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not access or use our Services.
2. ELIGIBILITY
You must be at least 18 years old or have reached the age of majority in your jurisdiction to use our Services. By using our Services, you represent and warrant that you meet this eligibility requirement.
3. ACCOUNT REGISTRATION
3.1 Account Creation
To access certain features of our Services, you may need to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
3.2 Account Security
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorised use of your account or any other breach of security.
4. USE OF SERVICES
4.1 Permitted Use
You may use our Services for lawful purposes and in accordance with these Terms. You agree not to use our Services:
- In any way that violates any applicable laws or regulations
- To infringe upon or violate our intellectual property rights or the intellectual property rights of others
- To transmit any material that is defamatory, offensive, or otherwise objectionable
- To interfere with or disrupt our Services or servers or networks connected to our Services
4.2 Prohibited Activities
You further agree not to:
- Use our Services to send unsolicited communications, promotions, or advertisements
- Harvest or collect email addresses or other contact information of other users from our Services
- Impersonate or attempt to impersonate SouthDesign, a SouthDesign employee, or another user
- Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of our Services
5. INTELLECTUAL PROPERTY RIGHTS
5.1 Our Content
Unless otherwise indicated, our Services and all content and materials thereon, including, without limitation, our logo, designs, text, graphics, and other files, are the property of SouthDesign or our licensors and are protected by South African and international copyright, trademark, and other intellectual property laws.
5.2 Licence to Use
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable licence to access and use our Services for your personal, non-commercial use.
5.3 User Content
By submitting, posting, or displaying content on or through our Services (“User Content”), you grant us a worldwide, non-exclusive, royalty-free licence (with the right to sublicence) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such User Content in any and all media or distribution methods.
6. PAYMENT TERMS
6.1 Fees
Certain aspects of our Services may require payment of fees. All fees are quoted in South African Rand (ZAR) and are subject to change without notice.
6.2 Payment Processing
We use third-party payment processors to process payments. By making a payment, you agree to the terms and conditions of these payment processors.
6.3 Refunds
All sales are final unless otherwise specified in a separate agreement. Refunds may be granted at our sole discretion.
7. THIRD-PARTY LINKS AND SERVICES
Our Services may contain links to third-party websites or services that are not owned or controlled by SouthDesign. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.
8. DISCLAIMERS AND LIMITATIONS OF LIABILITY
8.1 Disclaimers
Our Services are provided “as is” and “as available” without any warranties of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
8.2 Limitation of Liability
To the maximum extent permitted by applicable law, SouthDesign shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenue, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from:
- Your use or inability to use our Services
- Any unauthorised access to or use of our servers and/or any personal information stored therein
- Any interruption or cessation of transmission to or from our Services
- Any bugs, viruses, trojan horses, or the like that may be transmitted to or through our Services
9. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless SouthDesign and our affiliates, directors, officers, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses arising from:
- Your use of and access to our Services
- Your violation of any term of these Terms
- Your violation of any third-party right, including without limitation any copyright, property, or privacy right
- Any claim that your User Content caused damage to a third party
10. MODIFICATIONS AND TERMINATION
10.1 Modifications to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
10.2 Modifications to Services
We reserve the right to modify or discontinue, temporarily or permanently, our Services (or any part thereof) with or without notice at any time. We shall not be liable to you or to any third party for any modification, suspension, or discontinuance of our Services.
10.3 Termination
We may terminate or suspend your account and bar access to our Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.
11. GOVERNING LAW AND DISPUTE RESOLUTION
These Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa. Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration under the rules of the Arbitration Foundation of Southern Africa.
12. GENERAL PROVISIONS
12.1 Entire Agreement
These Terms constitute the entire agreement between you and SouthDesign regarding our Services and supersede all prior agreements and understandings, whether written or oral.
12.2 Waiver
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
12.3 Severability
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
12.4 Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void.
13. CONTACT US
If you have any questions about these Terms, please contact us at:
Email: info@southdesign.co.za
