Terms & Conditions

Introduction

  1. The site and software applications (the “Website”) is owned and operated by Creative Imagineering (“Creative Imagineering”, “we”, “us” and “our”).
  2. These Website Terms and Conditions (“Terms and Conditions”) govern the ordering, sale and delivery of Services, and the use of the Website.
  3. These Terms and Conditions are binding and enforceable against every person that accesses or uses this Website (“you”, “your” or “user”), including without limitation each user who registers as contemplated below (“registered user”). By using the Website and by clicking on the “Register Now” button on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.
  4. The Website also enables you to shop online for services to be rendered relating to digital design and marketing (“Services”).
  5. Creative Imagineering does not allow third party sellers to list and sell their Services on the Website.
  • Important Notice
  1. These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).
  2. These Terms and Conditions contain provisions that appear in similar text and style to this clause and which –
    1. may limit the risk or liability of Creative Imagineering; and/or
    2. may create risk or liability for the user; and/or
    3. may compel the user to indemnify Creative Imagineering; and/or
    4. serves as an acknowledgement, by the user, of a fact.
  3. Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.
  4. If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask Creative Imagineering to explain it to you before you accept the Terms and Conditions or continue using the Website.
  5. Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or Creative Imagineering in terms of the CPA.
  6. Creative Imagineering permits the use of this Website subject to the Terms and Conditions. By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to the Terms and Conditions.
  • Registration and use of the website
  1. Anyone may order Services on the website and does not require you to be a registered user. However, we do advise to register as a user with Creative Imagineering before making any purchases. This will make future purchases faster and easier.
  2. To register as a user, you must provide a unique username and password and provide certain information and personal details to Creative Imagineering. You will need to use your unique username and password to access the Website in order to purchase Services.
  3. You agree and warrant that your username and password shall:
    1. be used for personal use only; and
    2. not be disclosed by you to any third party.
  4. For security purposes you agree to enter the correct username and password whenever ordering Services, failing which you will be denied access.
  5. You agree that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, you will be liable for payment of such order, save where the order is cancelled by you in accordance with these Terms and Conditions.
  6. You agree to notify Creative Imagineering immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm.
  7. By using the Website you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.
  8. You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Website. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorised Company representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).
  9. You may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.
  10. You may not in any way display, publish, copy, print, post or otherwise use the Website and/or the information contained therein without the express prior written consent of an authorised Company representative.
  • Conclusion of sales
  1. Registered or Guest users may place orders for Services, which Creative Imagineering may accept or reject. Whether or not Creative Imagineering accepts an order depends on the availability of Services, correctness of the information relating to the Services (including without limitation the price) and receipt of payment or payment authorisation by Creative Imagineering for the Services.
  2. NOTE: Creative Imagineering will indicate the acceptance of your order by delivering the Services to you, and only at that point will an agreement of sale between you and Creative Imagineering (the “Sale”). This is regardless of any communication from Creative Imagineering stating that your order or payment has been confirmed. Creative Imagineering will indicate the rejection of your order (by Creative Imagineering itself) by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.
  3. Prior to delivery of the Services, you may cancel an order at any time provided you do so before receiving a delivery notice. After delivery of the Services, you may cancel the Sale only in accordance with the Returns Policy.
  4. Placing Services in a shopping basket without completing the purchase cycle does not constitute an order for such Services.
  • Payment
  1. We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
  2. Payment can be made for Services via –
    1. debit card;
    2. 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 reserve the right 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 Services will be cancelled. You warrant that you are fully authorised to use the credit card supplied for purposes of paying the Services. You also warrant that your credit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website;
    3. direct bank deposit or electronic funds transfer: if you pay via direct bank deposit or electronic funds transfer, payment must be made within 5 (five) days of placing your order. Creative Imagineering will not accept your order if payment has not been received;
    4. Instant EFT;
  3. You may contact us via email at info@creativeimagineering.co.za to obtain a full record of your payment. We will also send you email communications about your order and payment.
  4. Once you have selected your payment method and you accept these Terms and Conditions, you will be directed to a link to a secure site for payment of the applicable purchase price for the Services.
  • Delivery of Services
  1. Where it accepts your order, Creative Imagineering will deliver the Services to you as soon as reasonably possible, but no later than 10 (ten) days of receipt of your payment (“Delivery Period”). We will notify you if we are unable to deliver the Services during the Delivery Period. You may then, within 7 (seven) days of receiving such notification elect whether or not to cancel your order for the Services. If you elect to cancel your order, we will reimburse you for the purchase price.
  • ErrorsWe shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Services on the Website. However, should there be any errors of whatsoever nature on the Website (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid, or otherwise as set out in the Returns Policy. 
  • Changes to these terms and conditions
  1. Creative Imagineering may, in its sole discretion, change any of these Terms and Conditions at any time. It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes. Should you not be satisfied, you must not place any further orders on, or in any other way use, the Website.
  2. Any such change will only apply to your use of this Website after the change is displayed on the Website. If you use the Website after such amended Terms and Conditions have been displayed on the Website, you will be deemed to have accepted such changes.
  • Electronic communications
  1. When you visit the Website or send emails to us, you consent to receiving communications from us or any of our divisions or partners electronically in accordance with our Privacy Policy.
  • Ownership and copyright
  1. The contents of the Website, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in this Website (“Website Content”) are protected by law, including but not limited to copyright and trade mark law. The Website Content is the property of Creative Imagineering, its advertisers and/or sponsors and/or is licensed to Creative Imagineering.
  2. You will not acquire any right, title or interest in or to the Website or the Website Content.
  3. Any use, distribution or reproduction of the Website Content is prohibited unless expressly authorised in terms of these Terms and Conditions or otherwise provided for in law. To obtain permissions for the commercial use of any Website Content contact our Admin Manager at info@creativeimagineering.co.za.
  4. Where any of the Website Content has been licensed to Creative Imagineering or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.
  • Linking to third party websites
  1. This Website may contain links or references to other websites (“Third Party Websites”) which are outside of our control, including those of advertisers. These Terms and Conditions do not apply to those Third Party Websites and Creative Imagineering is not responsible for the practices and/or privacy policies of those Third Party Websites or the “cookies” that those sites may use.
  2. Notwithstanding the fact that the Website may refer to or provide links to Third Party Websites, your use of such Third Party Websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third Party Websites or your reliance on any information contained thereon.
  • Limitation of liability
  1. Creative Imagineering cannot be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website, save where such liability arises from the gross negligence or wilful misconduct of Creative Imagineering, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors by way of email to info@creativeimagineering.co.za or by contacting 0217900486.
  2. CREATIVE IMAGINEERING SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES WHICH MIGHT ARISE FROM YOUR USE OF, OR RELIANCE UPON, THE WEBSITE OR THE CONTENT CONTAINED IN THE WEBSITE; OR YOUR INABILITY TO USE THE WEBSITE, AND/OR UNLAWFUL ACTIVITY ON THE WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.
  3. YOU HEREBY INDEMNIFY CREATIVE IMAGINEERING AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD PARTY ARISING IN ANY WAY FROM YOUR USE OF THIS WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.
  • Availability and termination
  1. We will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and reserve the right to discontinue providing the Website or any part thereof with or without notice to you.
  2. Creative Imagineering may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that Creative Imagineering will not be liable to you in the event that it chooses to suspend, modify or terminate this Website other than for processing any orders made by you prior to such time and to the extent possible.
  3. If you fail to comply with your obligations under these Terms and Conditions, including any incident involving payment of the price of an order for any Services, and you fail to remedy such failure within 7 (seven) days of notice to you by us, this may (in our sole discretion) lead to a suspension of your access to the Website without any prejudice to any claims for damages or otherwise that we may have against you.
  • Notices
  1. Creative Imagineering hereby selects The Board Walk, Cnr Oxford and Victoria Ave, Hout Bay, Cape Town as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions (“nominated address”). Creative Imagineering may change this address from time to time by updating these Terms and Conditions.
  2. You hereby select the address specified on the Services order form as your nominated address, but you may change it to any other physical address by giving Creative Imagineering not less than 7 days’ notice in writing.
  3. Notices must be sent either by hand, prepaid registered post or email and must be in English. All notices sent –
    1. by hand will be deemed to have been received on the date of delivery;
    2. by prepaid registered post, will be deemed to have been received 10 days after the date of posting; and
    3. by email will be deemed to have been on the date indicated in the “Read Receipt” notification. ALL EMAIL COMMUNICATIONS BETWEEN YOU AND US MUST MAKE USE OF THE “READ RECEIPT” FUNCTION to serve as proof that an email has been received.
  • Creative Imagineering information
  1. For the purposes of the ECT Act, Creative Imagineering’s information is as follows, which should be read in conjunction with its product descriptions and other terms and conditions contained on the Website:
    1. Full name: Creative Imagineering
    2. Main business: Online Digital Agency
    3. Physical address for receipt of legal service (also postal and street address): Axis House, The Board Walk, Cnr Oxford and Victoria Ave, Hout Bay, Cape Town, 7806 (marked for attention: CEO and Legal)
    4. Office bearers: Lisa Leathes
    5. Phone number: +27 21 790 0486
    6. Official email address: info@creativeimagineering.co.za
  • General
  1. Creative Imagineering may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the Website or the user’s right to use the Website or any of its contents subject to us processing any orders then already made by you.
  2. You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.
  3. Any failure on the part of you or Creative Imagineering to enforce any right in terms hereof shall not constitute a waiver of that right.
  4. If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
  5. No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.
  6. No indulgence, extension of time, relaxation or latitude which any party (the “grantor”) may show grant or allow to the other (the “grantee”) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.
  7. These Terms and Conditions contain the whole agreement between you and Creative Imagineering and no other warranty or undertaking is valid, unless contained in this document between the parties.