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 BOTH MEMBERS AND GUESTS UNLESS THE SECTION EXPRESSLY STATES OTHERWISE.
- Introduction
1.1. This site www.blackfigjam.co.za, is made available, and owned by, Black Fig Jam (PTY) Ltd (bearing registration 2015/229900/07) (hereinafter referred to as “Black Fig Jam”, “the Company” Black Fig Jam Website” “Website”, “we”, “our” or “us” or). Any reference to “Black Fig Jam “, “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.
1.2. These terms, including any document incorporated by reference herein, including, but not limited to the Privacy Policy (collectively, the “Terms”) apply to any person who uses the Services, accesses, refers to, views and/or downloads any information or material made available on Black Fig Jam for whatever purpose (hereinafter referred to as “User”, “Users”, “you” or “your”).
1.3. 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 Company. 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).
1.4. 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, as indicated above, unless a later date is otherwise stated in the revised Terms. Your continued use of the Website and/or the Services will be construed as your consent to the amended or updated Terms, and will be conditional upon the Terms in force at the time of your use. Your only remedy, should you not agree to these Terms, is to stop your use of this Website.
- Terminology
2.1.The following terminology applies to these Terms:
2.1.1. “Material Designs” refers to the graphic designs, as uploaded by a User, which are intended to be printed by the Company in accordance with the Services;
2.1.2. “Party” or “Parties” refers to a User and/or the Company, as the context requires;
2.1.3. “Services” shall refer to the printing of offline marketing materials.
2.2. 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
3.1. Subject to, and on the basis of your acceptance of the Terms, the Company grants you a limited, revocable, non-transferable license to access and use the Company in accordance with the various policies and agreements which may govern such use and access.
- Description of our Services
4.1. In addition to graphic & website design services, we provide web-based printing Services in South Africa, allowing Users to upload their offline marketing Material Designs, such as, but not limited to, flyers, business cards, folded leaflets, brochures / booklets, postcards, invitations, notepads, menus, posters, placemats, and letterheads, in order for such Material Designs to be printed and delivered to the User by the Company.
4.2. In consideration for rendering of the Services, the Company charges a Service Fee as set out in clause 5 below.
- Service Fee
5.1. The Company charges an amount to Users which is dependent upon the type of Service as well as the printing and/or delivery preferences as selected by the User, which amount shall be inclusive of any applicable Value Added Tax (“VAT”) (the “Service Fee”).
5.2. All Service Fees shall be effected via electronic funds transfer or the payment gateway infrastructure on the Website, provided via an independent third party payment service provider, currently, PayFast. 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.
5.3. Only Service Fee payments made via PayFast or electronic funds transfer shall be processed. Service Fee payments made via Payfast in a currency other than South African Rand (“Rand”), if accepted by Payfast, shall be converted into Rand at the Company’s financial institution’s then-current market rate of exchange. Payments made by electronic funds transfer will only be processed and accepted if made in South African Rands.
5.4. Service Fee payments made from Users located outside of the Republic of South Africa and/or in a currency other than Rand, shall be processed in accordance with PayFast’s policies and procedures, as amended from time to time.
5.5. We reserve the right to change our product’s prices at any time without prior notice. If an error is made and a product is listed at an incorrect price, the Company shall maintain the right to refund or cancel orders placed at the incorrect price.
- User Content
6.1. Certain areas of this Website may permit Users to submit Material Designs, feedback, information, data, text, software, images, designs, messages, or other materials (each, a “User Submission”). Users are solely responsible for all User Submissions and that any such User Submission is considered both non-confidential and non-proprietary. Should such Material Designs not meet the criteria as may be determined by the Company in its sole and unfettered discretion from time to time, the Company reserves the right to adjust and/or amend the Material Designs so as to conform with its criteria.
6.2. Further, the Company does not guarantee that the subsequent ability to edit or delete any User Submission.
6.3. In submitting any User Submission, Users make the following representations and warranties:
6.3.1. all rights in and to such User Submissions (including, without limitation, all rights to the reproduction and display of such User Submissions) are obtained by such User, or, alternatively, all necessary rights in and to such User Submissions providing the rights in and to such User Submissions as described in these Terms have been obtained;
6.3.2. all necessary licence fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of User Submissions have been paid prior to your submission of same to the Website.
6.3.3. User Submissions do 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;
6.3.4. Users voluntarily agree to waive all “moral rights” that may attach to a User Submission, apart from that of the Material Designs;
6.3.5. User Submissions do not violate any law including, but not limited to, those governing export control, consumer protection, unfair competition, or false advertising;
6.3.6. User Submissions are not, and may not reasonably be considered to be, defamatory, libellous, 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;
6.3.7. Users have not and will not be compensated or granted any consideration by any third party for submitting a User Submission;
6.3.8. User Submissions do not incorporate materials from a third-party website, or addresses, email addresses, contact information, or phone numbers (other than a User’s own);
6.3.9. User Submissions do not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files;
6.3.10. User Submissions do not contain any information that may be considered confidential, proprietary, or personal insofar as it relates to a third party;
6.3.11. User Submissions do not contain or constitute any unsolicited or unauthorised advertising, promotional materials unless exclusively comprised of the Material Designs, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.
6.4. By submitting a User Submission, Users grant the Companyan irrevocable, perpetual, transferable, non-exclusive, fully paid, worldwide, royalty free license (sub-licensable through multiple tiers) to:
6.4.1. use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display User Submissions (or any modification thereto), in whole or in part, in any format or medium now known or later developed;
6.4.2. use User Submissions in any manner and for any purpose (including, without limitation, commercial purposes) that the Company, in its sole, absolute and unfettered discretion, deem appropriate, including, without limitation, the incorporation of a User Submission or any modification thereto, in whole or in part, into any technology, product, or service;
6.4.3. Display advertisements in connection with User Submissions and use User Submissions for advertising and promotional purposes.
6.4.4. The Company may, but is not obligated to, pre-screen User Submissions or monitor any area of the Website through which User Submissions may be submitted. We are not required to host, display, or distribute any User Submissions on or through this Website, and may remove at any time or refuse any User Submissions for any reason;
6.4.5. We are not responsible for any loss, theft, or damage of any kind to any User Submissions.
6.4.6. Further, Users agree that the Companymay freely disclose any User Submissions to any third party absent of any obligation of confidence on the part of the recipient.
- Refund Policy
7.1. Refunds will only be permitted in the sole, unfettered and absolute discretion of the Company, and only in limited circumstances, at the discretion of the Company.
7.2. Refund requests can be initiated by sending an email to support@blackfigjam.co.za. Included in such email should be an explanation of why a refund ought to be granted by the Company.
7.3. Any refunds agreed to by the Company shall be in the form of vouchers to the user’s credit redeemable only on the Website.
7.4 Any cash refund requests are subject to adherence of our terms. A refund may take up to 14 business days and a 2% admin fee may be applicable. Cash refunds can not be made once an order is in production or been produced as the Company has already incurred the cost for the order.
- Disclaimer
8.1. BLACK FIG JAM MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THIS WEBSITE, THE SERVICES, ANY OTHER USERS OF THE SITE, INCLUDING BUT NOT LIMITED TO PARTNERS, OR THIRD PARTIES, OR ANY MATERIALS ON THE WEBSITE RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS WEBSITE.
8.2. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS WEBSITE, MATERIALS, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS WEBSITE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. WE DO NOT WARRANT THE TIMELINESS, WORKMANSHIP, OR COMPLETION OF ANY PROJECT. 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 THIS WEBSITE.
8.3. Without limiting the generality of the foregoing, the Company makes no warranty that this Website will meet a User’s requirements, or that this Website will be uninterrupted, timely, secure, error free or that defects in this Website will be corrected.
8.4. We make no warranty as to the results that may be obtained from the use of this Website or as to the accuracy or reliability of any information obtained through this Website. No advice or information, whether oral or written, obtained by a User through this Website or from the Company or its third party service providers shall create any warranty enforceable as against the Company.
8.5. To the maximum extent permissible by applicable laws, the Company denounces any fiduciary responsibilities to any Users of the Website.
- Unauthorised Use of This Website
9.1. You are specifically not permitted to use this Website in any of the following ways (which list should not be deemed to be exhaustive of the Company’s rights in this regard):
9.1.1. For any public or commercial exploitation which includes the use of this Website on another site or through a networked computer environment;
9.1.2. In a manner that modifies, publicly displays, publicly performs, reproduces or distributes any of this Website;
9.1.3. To stalk, harass, or harm another individual;
9.1.4. To impersonate any person or entity or otherwise misrepresent the true state of affairs;
9.1.5. To interfere with or disrupt this Website or servers or networks connected to this Website;
9.1.6. To use any data mining, robots, or similar data gathering or extraction methods in connection with this Website; or
9.1.7. Attempt to gain access to any portion of this Website, to which you are not ordinarily permitted, or any other accounts, computer systems, or networks connected to this Website, whether through hacking, password mining, or any other means.
- Copyrights
10.1. Black Fig Jam and the contents of the Website are the property of Black Fig Jam, apart from the Material Designs, which remain the property of the Users who upload such designs, are protected by South African and international copyright laws. Furthermore, the compilation (meaning the collection, arrangement, and assembly) of all content on Black Fig Jam and/or the Services, apart from the Material Designs, is our exclusive property, unless credit is attributed to the author thereof, and is, likewise, protected by South African and international copyright laws.
10.2. 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 the prior written permission of the Company or the copyright owner, and further, should such consent be provided, the Company reserves its right to withdraw such consent at any stage, in its sole and absolute discretion.
10.3. You are expressly prohibited to “mirror” any content, contained on Black Fig Jam, on any other server unless with the prior written permission of the Company, and further, should such consent be provided, the Company reserves its right to withdraw such consent at any stage, in its sole and absolute discretion.
10.4. We do not permit copyright infringing activities and infringement of intellectual property rights on the Company, and 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.
10.5. You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of the Company, so long as the link does not portray Black Fig Jam, its affiliates, or its products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use Black Fig Jam’s logo or other proprietary graphic or trademark as part of the link without the express permission of the Company, its affiliates or content suppliers.
10.6. 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 Black Fig Jam.
- Assignment
11.1. You may not assign your rights and/or obligations under these Terms to any other party without our prior written consent. Black Fig Jam may assign our rights and/or obligations under these Terms to any other party at our discretion and without any prior notice to you.
- Export Control Laws
12.1 You understand and agree that the software, Services and User data may be subject to import and export control laws and regulations of the Republic of South Africa or the country in which you are situated. You undertake to adhere to all applicable laws and regulations and agree not to, without prior authorisation from the government of the Republic of South Africa or of such other country which is applicable, directly and/or indirectly export, re-export and/or transfer the software and Services to any other country in contravention of such laws and regulations.
- Force Majeure
13.1 Without limiting the foregoing, no Party to these Terms shall be held liable for any failure to perform in terms of these Terms if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labour dispute, strike, lockout or interruption or failure of electricity, telephone service or internet connectivity, server failure, or technological failure. Neither you, nor Black Fig Jam, are entitled to terminate these Terms in such circumstances. Any Party affected by such event shall forthwith inform the other Party of same, and shall use all reasonable endeavours to comply with the Terms.
- General
14.1. To the extent permitted by law, these Terms, and the provision of our Services, shall be governed by and construed in accordance with South African law, and any dispute arising out of these Terms and/or our Services shall be submitted to the competent South African courts having the requisite jurisdiction to hear the matter.
14.2. To the extent necessary and/or possible, you consent to the exclusive jurisdiction of the South Gauteng High Court or an alternative appropriate South African court seized with appropriate jurisdiction in all disputes arising out of the Terms, this Privacy Policy, our Services, and/or related agreements incorporated by reference.
- Severance
15.1 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 the Company 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
16.1. The Parties 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:
16.1.1. Black Fig Jam: 197 Ongers Street, Bronson Park, Sinoville, Pretoria, 0182. Email : info@blackfigjam.co.za;
16.1.2. User: The addresses as provided for shipping of the printed Material Designs.
16.2. A Party may change its domicilium to any other physical address or email address by written notice to the other party to that effect. Such change of address will be effective 7 (Seven) days after receipt of notice of change of domicilium.
16.3. All notices to be given in terms of these Terms will:
16.3.1. be given in writing;
16.3.2. be delivered or sent by email; and
16.3.3. be presumed to have been received on the date of delivery.
16.4 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.
- Order Terms and Conditions
17.1 Reprint Policy
All unsatisfactory and short delivered orders should be reported within 14 days of receiving the order, you are encouraged to contact our customer service department for assistance as soon as you receive your order and you have a query.
18.1 We strive to provide you with the best possible printing experience. If you are not 100% satisfied with your order for any reason, please contact our customer service department. We will provide a reprint on any defective print orders, and 100% free expedited reprint on any orders lost in transit.
All policies are subject to change without prior notification. Determination of a defect is at our sole discretion. In most cases, you will be requested to submit digital photos documenting the product defect and/or ship the defective products back to customer service
17.1.1 The Consumer Customer acknowledges and agrees that, due to the inherent nature of the printing process, the Company cannot guarantee that:
17.1.2. the Consumer Customer’s Goods Specification Data and the finished Goods will be an exact match in colour; and
17.1.3 where the Goods are produced using full colour printing (also known as process colour or CMYK printing) that all or any Pantone Colours (also known as spot colours) will be accurately reproduced.
17.1.4 there won’t be
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