TERMS AND CONDITIONS
1. TERMS AND CONDITIONS FOR USING OUR WEBSITE
1.1 The Terms and Conditions set out below apply to the use of this website. By using this website, you agree to be bound by these Terms and Conditions. If you do not agree to be bound by these Terms and Conditions, you may not use this website.
1.2 In these Terms and Conditions, the expressions “we”, “us” and our” are a reference to Creative Diligence.
2. TERMS OF SALE
2.1 By placing an order, you are offering to purchase a product on and subject to the following Terms and Conditions. All orders are subject to confirmation of the order price.
2.2 We will communicate acceptance of your offer after we receive confirmation of your payment being processed. We will send you an email to confirm that we have accepted your order.
3. LEGAL REMEDY
3.1 You are entitled to request that we remedy any defect in the reviewed Workshop Documents provided to you. We will happily discuss the details with you further via email on email@example.com.
4. DEFECTIVE PRODUCTS
4.1 If you think the reviewed Workshop Documents are not as stipulated in the Contract, you may request correction of the defect within 14 days after receiving the documents by contacting us.
4.2 We will carefully consider your request and will notify you by email within a reasonable period whether you have a valid request. We will remedy the defect as soon as possible and in all cases within 14 days from the date on which we received your email advising us of the defect.
5.1 All prices stated on the website are in Rand (R).
5.2 If you are buying from overseas, we will bill any credit/debit card in Rand and your card company will convert the charges for you.
6. BUYING ONLINE
6.1 To buy from our website, you must be 18 years of age or older and legally eligible to enter into binding contracts.
6.2 All purchases must be for personal use only.
7. PAYMENT INFORMATION
7.1 You may use, as payment method, the following cards: Visa or MasterCard credit cards, Masterpass, InstantEFT or debit cards from Visa Electron and Maestro.
8. ELECTRONIC TRANSACTION
8.1 Pursuant to the Electronic Communications and Transactions Act, 2002, the parties consent to this Contract being provided to each other by electronic communication.
9. WRITTEN COMMUNICATION
9.1 The applicable regulations require that some of the information or notifications we send to you must be in written form.
9.2 By using this website, you agree that most of the communication between us will be electronic.
9.3 We will contact you by email or we will provide you information by posting alerts on this website. You accept that all contracts, notifications, information and other communication that we send you electronically complies with the legal requirements of providing it in writing. This condition will not affect your statutory rights.
10.1 Any notifications from you must be sent preferably through our contact form. Pursuant to the provisions in Clause 9 above, and unless otherwise stipulated, we may send you notifications either by email or to the physical address you provided when placing an order.
10.2 It is understood that notifications will be received and acted upon as soon as they are posted on our website, 24 hours after they have been sent by email or 3 days after the postage date on any letter. As proof that the notification has been sent it will be sufficient to prove, in the case of a letter, that it was correctly addressed, that the correct postage was paid and that it was duly delivered to the post office or to a mailbox; in the case of an email, that the notification was sent to the email address specified by you.
11. TURNAROUND TIME POLICY
11.1 Please note, we have a processing time of 14 business days after our Zoom consultation with you to review and customise the Work Shop documents. Please trust that we always do our best to get your orders out to you as soon as possible.
11.2 We cannot guarantee turnaround times; however, you should receive your reviewed documents within 30 working days after you gained access to the Workshop. Timing may also depend on when you book your Zoom consultation. We thank you for your patience.
13. PERSONAL INFORMATION
13.1 If you make a purchase or register to be on our database you will need to enter your personal information such as your name, email address and date of birth. This information will be stored and may be used by Creative Diligence to send you information about relevant products, latest developments and forthcoming events.
14. SECURITY OF INFORMATION
15.1 All product and service descriptions, information and materials shown on this website are provided “as is”, with no express or implied warranties on the same, except those legally established. The information on the website is for general information purposes only. In this sense, if you are contracting as a consumer or user, we are obliged to perform services that are in conformity with the Contract. We are liable to you for any lack of conformity which exists at the time of performance. It is understood that the performance of the service is in conformity with the Contract if the service:
15.1.1 comply with the description given by us and possess the qualities that we have presented in this website;
15.1.2 is timely performed and completed, and a timely notice was given of any unavoidable delay in the performance of the service;
15.1.3 show the manner and quality that persons are generally entitled to expect.
15.1.4 the reviewed workshop documents are free of defects and are of a quality that persons are generally entitled to expect. To the extent permitted by law, we exclude all warranties, except those that may not be excluded legitimately.
15.2 We do not represent or warrant that the information and/or facilities contained in the website are:
15.2.1 accurate, complete or current, or
15.2.2 that the website will be uninterrupted or error free, or
15.2.3 that any defects in the website will be corrected or
15.2.4 that the website or the server that makes the website available are free of viruses or any other harmful components.
15.3 We reserve the right to suspend or withdraw the whole or any part of the website at any time without notice and without incurring any liability.
15.4 This website may from time to time contain links to other websites or information provided by third parties. We make no warranties or representations about the accuracy or suitability of the information or links provided on this website, including information provided by third parties. You use the information and links at your own risk. We have no control over their individual content and make no representations or warranties as to any of the information appearing in relation to any linked websites. We do not recommend any products or services advertised on those websites. If you decide to access any third-party website linked from our website, you do so at your own risk.
15.5 You waive all rights to bring or assert any claim against us or our agents, and hereby permanently and irrevocably release us from any and all liability for or relating to the use of our website.
16. LIMITATION OF LIABILITY
16.1 Your use of our website is at your own risk.
16.2 Where conditions and warranties implied by applicable law cannot be excluded, we limit our liability where and to the extent we are entitled to do so.
16.3 Unless otherwise indicated expressly in these Conditions, our liability regarding any product acquired on our website will be limited strictly to the price of purchase of said product.
16.4 To the extent legally allowed, we will not be liable for any direct, indirect, special, consequential or other damages that result from the use of, or the inability to use, the materials on the website, including but not limited to
16.4.1 losses or damages caused by viruses;
16.4.2 any incorrectness or incompleteness of the information on the website; or
16.4.3 the performance of the products, even if we have been advised of the possibility of any such damages.
16.5 Our liability will not be waived nor limited in the following cases:
16.5.1 in case of death or personal harm caused by our negligence;
16.5.2 in case of fraud or fraudulent deceit; or
16.5.3 in any case in which it was illegal or illicit to exclude, limit or attempt to exclude or limit our liability.
17. YOUR OBLIGATIONS
17.1 You must ensure that your access to this website is not illegal or prohibited by laws that apply to you.
17.2 You must take your own precautions to ensure that the process which you employ for accessing this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. We do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this website or any linked website.
17.3 You must not misuse our system or this website. Specifically, you must not hack into, circumvent security or otherwise disrupt the operation of our website. Furthermore, you must not undertake any activity that will place an unreasonable burden on our systems.
17.4 You agree to indemnify us and our respective agents against all actions, claims and demands which may be instituted against us arising out of your failure to comply with these Terms and Conditions.
18. INTELLECTUAL PROPERTY
18.1 All intellectual property, including copyright, trademarks and designs featured or displayed on the website are owned by us. Except as permitted by applicable copyright laws, you may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the website. This does not prevent you from using this website to the extent necessary to copy the information on your order or contact details.
18.2 Creative Diligence is a registered trademark owned by Ltd and must not be used or reproduced without our prior written consent.
19. RESTRICTED USE
19.1 Unless we agree otherwise in writing, you are provided with access to this website only for your personal use. You may not without our written permission sell information, materials, content, audio and photographs obtained from this website.
20. VARIATION OF TERMS
21.1 These Terms and Conditions are governed by the laws of South Africa. By agreeing to these Terms, you submit to the jurisdiction of the High Court of South Africa for all matters relating to these Terms.
22.1 We operate a complaint handling procedure which we will use to try to resolve disputes when they first arise. If you have any complaints or comments regarding Creative Diligence or this website, please contact firstname.lastname@example.org.
22.2 Alternative dispute resolution: Any dispute regarding access to or use of this website, the content, and these Terms, shall be referred for expedited arbitration in terms of the rules of the Arbitration Foundation of South Africa, to be heard in Cape Town, in English.
23. OUR INFORMATION:
23.1 Full name of website owner: Creative Diligence (Pty) Ltd, 2017/315616/07
23.2 Mareli Hofmeyr is the Director and Owner of Creative Diligence.
23.3 Creative Diligence domicillia citandi et executandi: 6 Robertson Street, Riversdale 6770
23.4 Creative Diligence telephone number: +2782 873 7083
23.5 URL and e-mail address: email@example.com
23.6 This website was most recently updated on 13 August 2020.