THE CONTRACTUAL RELATIONSHIP BETWEEN PICFLICK & END USERS/CUSTOMERS/ PURCHASERS
1. INTRODUCTION
1.1. This website can be accessed at http://www.PicFlick.co.za, related mobi-sites and software applications (the “Website”) and is owned and operated by PicFlick (Proprietary) Limited (“PicFlick”, “we”, “us” and “our”). For any and all purposes related hereto, a PicFlick representative is defined as any employee, director, manager, agent and assign authorised to act as such for and on behalf of PicFlick (Proprietary) Limited (Company registration number: 2018/348377/07 )
1.2.These Website Terms and Conditions (“Terms and Conditions”) govern the ordering, sale and delivery of Goods, and the use of the Website. Goods are defined as images, as presented on the Website as well as the surfaces on which the images can be printed.
1.3. 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 on the Website as contemplated below (“registered user”). By using and or transacting on 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. If you merely transact on the Website and do not register as a user on the Website, you are still bound by these Terms and Conditions.
1.4. The Website enables you to shop online for an extensive range of goods including pictures, photographic images and a range of surfaces/materials on which selected images can be printed/emblazoned (“Goods”).
1.5. PicFlick allows third party sellers to list and sell their Goods on the Website (each a “Third Party Seller”). PicFlick will indicate on relevant product pages and checkout pages when Goods are for sale by a Third Party Seller. Certain terms in these Terms and Conditions only apply to purchases from Third Party Sellers, and others only apply to purchases from PicFlick. This will be made clear in the relevant clause.
2. IMPORTANT NOTICE
2.1. These Terms and Conditions apply to users who are defined as consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).
2.2. These Terms and Conditions contain provisions that appear in similar text and style to this clause and which –
• may limit the risk or liability of PicFlick or a third party; and/or
• may create risk or liability for the user; and/or
• may compel the user to indemnify PicFlick or a third party; and/or
• serves as an acknowledgement, by the user, of a fact.
Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.
2.3. If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask PicFlick to explain it to you before you accept the Terms and Conditions or continue using the Website.
2.4. 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 PicFlick in terms of the CPA.
2.5. PicFlick 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 of the Terms and Conditions unconditionally. You must not use this Website if you do not agree to the Terms and Conditions.
3. RETURNS
3.1. Please refer to our Returns Policy below for more information about returning products (and related refunds, replacements or repairs).
3.2. The Returns Policy is incorporated herein by reference (which means that it forms part of these Terms and Conditions):
3.3. The link to the Returns Policy is:
https://za.rapid.studio/site/terms-and-conditions
4. REGISTRATION AND USE OF THE WEBSITE
4.1. You need not register as a user on the website to purchase images from galleries, shop for products and receive delivery of goods ordered on the Website.
4.2. Only registered users may take advantage of special offers on the Website.
4.3. To register as a user, you must provide a unique username and password and provide certain information and personal details to PicFlick. Once obtained, you will need to use your unique username and password to access the Website in order to purchase Goods.
4.4. You agree and warrant that your username and password shall:
• be used for personal use only; and
• not be disclosed by you to any unauthorised third party.
4.5. For security purposes you agree to enter the correct username and password whenever ordering Goods, failing which you will be denied access.
4.6. 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.
4.7. You agree to notify PicFlick 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.
4.8. 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.
4.9. 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 PicFlick representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).
4.10. You may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.
4.11. 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 PicFlick representative.
5. CONCLUSION OF SALES AND AVAILABILITY OF STOCK
5.1. Registered users and (non- registered) ordinary consumers may place orders for Goods on the Website, which PicFlick or the Third Party Seller may accept or reject. Whether or not PicFlick or the Third Party Seller accepts an order depends on the availability of Goods, correctness of the information relating to the Goods (including without limitation the price) and receipt of payment or payment authorisation by PicFlick for the Goods.
NOTE: PicFlick or the Third Party Seller will indicate the acceptance of your order by sending you a dispatch or delivery notice, indicating that the Goods are available and will be delivered to you, and only at that point will an agreement of sale between you and PicFlick or the Third Party Seller come into effect (the “Sale”). This is regardless of any communication from PicFlick stating that your order or payment has been confirmed. PicFlick will indicate the rejection of your order (by PicFlick itself or the Third Party Seller) by cancelling order confirmation and, as soon as possible thereafter, refunding you for any amount already paid.
5.2. Prior to receipt of the dispatch/delivery notice of the Goods, you may cancel an order at any time provided you do so before receiving a dispatch or delivery notice. After delivery or your collection of the Goods, you may return the Goods only in accordance with the Returns Policy.
5.3. Placing Goods in a wish list or shopping basket without completing the purchase cycle does not constitute an order for such Goods, and as such, Goods may be removed from the shopping basket if stock is no longer available or the price thereof might change without notice to you. You cannot hold PicFlick or the Third Party Seller liable if such Goods are not available or are not available at the particular price when you complete or attempt to complete the purchase cycle at a later stage.
You acknowledge that stock of all Goods on offer is limited and that pricing may change at any time without notice to you. In the case of Goods for sale by PicFlick, PicFlick will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are discontinued on the Website. However, we cannot guarantee the availability of stock. When Goods are no longer available after you have placed an order, PicFlick will notify you and you will be entitled to a refund of any amount already paid by you for such Goods.
5.4. In the case of Goods for sale by a Third Party Seller, PicFlick relies on inventory information supplied by the relevant Third Party Seller and PicFlick accordingly bears no liability for any inaccuracies in the information supplied to it.
5.5. Certain Goods may not be purchased for re-sale. Should we suspect that any such Goods are being purchased for sale, we are entitled to cancel your order immediately on notice to you.
6. PAYMENT
6.1. We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
6.2. Whether the Goods are for sale by PicFlick or a Third Party Seller, payment can be made for Goods via –
• debit card;
• 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 are entitled 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 Goods will be cancelled. You warrant that you are fully authorised to use the credit card supplied for purposes of paying for the Goods. 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;
• direct bank deposit or electronic funds transfer: This is only on a request basis and at the discretion of PicFlick. If you pay via direct bank deposit or electronic funds transfer, payment must be made within 5 (five) days of placing your order. PicFlick will not accept your order if payment has not been received;
• Instant EFT;
6.3. Once you have selected your payment method, you will be directed to a link to a secure site for payment of the applicable purchase price for the Goods.
7. DELIVERY OF GOODS
7.1. Delivery of goods is handled by our transactional and operational partners.
7.2. You may view the terms and conditions relating to delivery at :
https://za.rapid.studio/site/terms-and-conditions
7.3. The terms and conditions of our transactional and operational partners are specifically incorporated herein and you are deemed to have read them and be familiar with the contents, legal implications and consequences thereof.
8. ERRORS
8.1. We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Goods 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.
8.2. PicFlick shall not be bound by any incorrect information regarding our Goods displayed on the Website or any third party websites.
9. THIRD PARTY SELLERS
9.1. PicFlick will indicate on relevant product pages and checkout pages when Goods are for sale by a Third Party Seller. In such cases PicFlick only provides the platform to facilitate transactions between Third Party Sellers and PicFlick customers. PicFlick is neither the buyer nor the seller of these Goods unless otherwise specified.
9.2. The Sale, formed on acceptance of your order, for Goods that are for sale by a Third Party Seller is therefore solely between the registered user or ordinary customer as the case may be and such Third Party Seller. PicFlick is not a party to that sale, save for being the duly authorised agent of the Third Party Seller.
9.3. In the circumstances in which the customer buys from a Third Party Seller, PicFlick remains responsible for fulfilment of delivery of the Goods through its transactional and operational partners. PicFlick is also responsible to provide an invoice to the customer if required.
9.4. Not all Third Party Sellers are registered VAT (Value-Added Tax) vendors. Only Third Party Sellers who are registered VAT vendors may charge VAT on Goods sold and issue a tax invoice in respect thereof. If a Third Party Seller is not a registered VAT Vendor, it may not charge VAT on Goods sold and will not be in a position to issue a tax invoice in respect thereof.
9.5. Because PicFlick wants the registered user to have a safe and consistent experience, PicFlick will handle any returns under the CPA or the Electronic Communications and Transactions Act 2002 (“ETCA“), by the registered user arising out of or in connection with the sale between a registered user and a Third Party Seller on behalf of the Third Party Seller according to PicFlick’s Returns Policy as incorporated herein. Should such claim escalate into a dispute between the registered user/customer and the Third Party Seller, although PicFlick is entitled to become involved in an attempt to resolve it, PicFlick is not obliged to do so and any disputes must be resolved between you and the relevant Third Party Seller alone.
10. PRIVACY POLICY
10.1. We respect your privacy and will take all reasonable measures to protect it, as more fully detailed below.
10.2. Should you decide to register as a user on the Website, we may require you to provide us with personal information which includes but is not limited to –
• your name and surname;
• your email address;
• your physical address;
• your gender;
• your mobile number; and
• your date of birth.
10.3. Should your personal information change, please inform us and provide us with updates to your personal information as soon as reasonably possible to enable us to update your personal information.
10.4. You may choose to provide additional personal information to us, in which event you agree to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.
10.5. We will not, without your express consent use your personal information for any purpose other than as set out below:
•in relation to the ordering, sale and delivery of Goods;
• to contact you regarding current or new Goods or services or any other goods offered by us or any of our divisions and/or partners (unless you have opted out from receiving marketing material from us);
• to inform you of new features, special offers and promotional competitions offered by us or any of our divisions and/or partners (unless you have opted out from receiving marketing material from us); and
• to improve our product selection and your experience on our Website by, for example, monitoring your browsing habits, or tracking your sales on the Website; or
10.6. Disclose your personal information to any third party other than as set out below:
• to our employees and/or third party service providers who assist us to interact with you via our Website, email or any other method, for the ordering of Goods or when delivering Goods to you, and thus need to know your personal information in order to assist us to communicate with you properly and efficiently;
• to our divisions and/or partners (including their employees and/or third party service providers) in order for them to interact directly with you via email or any other method for purposes of sending you marketing material regarding any current or new goods or services, new features, special offers or promotional items offered by them (unless you have opted out from receiving marketing material from us);
• to law enforcement, government officials, fraud detection agencies or other third parties when we believe, in good faith, that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report or support the investigation into suspected illegal activity, or to investigate violations of these Terms and Conditions;
• to our service providers (under contract with us) who help with parts of our business operations (fraud prevention, marketing, technology services etc). However, our contracts dictate that these service providers may only use your information in connection with the services they perform for us and not for their own benefit;
• to our suppliers in order for them to liaise directly with you regarding any faulty Goods you have purchased which requires their involvement; and
• to any Third Party Seller for purposes of sending you an invoice for any Goods purchased from such Third Party Seller, which disclosed information will be limited to your email address.
10.7. We are entitled to use or disclose your personal information if such use or disclosure is required in order to comply with any applicable law, subpoena, order of court or legal process served on us, or to protect and defend our rights or property. In the event of a fraudulent online payment, PicFlick is entitled to disclose relevant personal information for criminal investigation purposes or in line with any other legal obligation for disclosure of the personal information which may be required of it.
10.8. We will ensure that all of our employees, third party service providers, divisions and partners (including their employees and third party service providers) having access to your personal information are bound by appropriate and legally binding confidentiality obligations in relation to your personal information.
10.9. Ratings and Reviews: When you provide a rating or review of Goods, you consent to us using that rating or review as we deem fit, including without limitation on the Website, in newsletters or other marketing material. The name that will appear next to that rating or review is your First Name, as you would have provided upon registration. If you do not agree to this, please do not put any ratings or reviews on the Website. We will not display your surname, nor any of your contact details, with a rating or review.
10.10 We will –
• treat your personal information as strictly confidential, save where we are entitled to share it as set out in this policy;
• take appropriate technical and organisational measures to ensure that your personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;
• provide you with access to your personal information to view and/or update personal details;
• promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information;
• provide you with reasonable evidence of our compliance with our obligations under this policy on reasonable notice and request; and
• upon your request, promptly return or destroy any and all of your personal information in our possession or control, save for that which we are legally obliged to retain.
10.11. We will not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period.
10.12. PicFlick undertakes never to sell or make your personal information available to any third party other than as provided for in this policy.
10.13. Whilst we will do all things reasonably necessary to protect your rights to privacy, we cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of your personal information, whilst in our possession, made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence.
10.14. If you disclose your personal information to a third party, such as an entity which operates a website linked to this Website or anyone other than PicFlick, PICFLICK SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, HOWSOEVER ARISING, SUFFERED BY YOU AS A RESULT OF THE DISCLOSURE OF SUCH INFORMATION TO THE THIRD PARTY. This is because we do not regulate or control how that third party uses your personal information. You should always ensure that you read the privacy policy of any third party.
10.15. This website makes use of “cookies” to automatically collect information and data through the standard operation of the Internet servers. “Cookies” are small text files a website can use (and which we may use) to recognise repeat users, facilitate the user’s on-going access to and use of a website and allow a website to track usage behaviour and compile aggregate data that will allow the website operator to improve the functionality of the website and its content, and to display more focused advertising to a user by way of third party tools.
10.16 The type of information collected by cookies is not used to personally identify you. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to deny or accept the cookie feature. Please note that cookies may be necessary to provide you with certain features available on our Website, and thus if you disable the cookies on your browser you may not be able to use those features, and your access to our Website will therefore be limited.
10.17. If you do not disable “cookies”, you are deemed to consent to our use of any personal information collected using those cookies, subject to the provisions of this clause.
11. CHANGES TO THESE TERMS AND CONDITIONS
11.1. PicFlick 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.
11.2. Any such change(s) 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.
12. ELECTRONIC COMMUNICATIONS
12.1. 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 as set out herein and incorporated in our separate Privacy Statement.
13. OWNERSHIP AND COPYRIGHT
13.1. 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, save for the retained ownership of Third Party Seller images, is the property of PicFlick, its advertisers and/or sponsors and/or is licensed to PicFlick.
13.2. You will not acquire any right, title or interest in or to the Website or the Website Content.
13.3. 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.
13.4 Where any of the Website Content has been licensed to PicFlick 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.
14. DISCLAIMER
14.1. The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from your use of the Website or reliance on any information on the Website.
14.2. Whilst PicFlick takes reasonable measures to ensure that the content of the Website is accurate and complete, PicFlick makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website. If any such representations or warranties are made by PicFlick’s representatives, PicFlick shall not be bound thereby.
14.3. PicFlick disclaims liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Website and/or any content therein unless otherwise provided by law.
14.4. Although Goods sold from the Website may, under certain specifically defined circumstances, be under warranty, the Website itself and all information provided on the Website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.
14.5. Any views or statements made or expressed on the Website are not necessarily the views of PicFlick, its directors, employees and/or agents or assigns.
14.6. In addition to the disclaimers contained elsewhere in these Terms and Conditions, PicFlick also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way.
14.7. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of PicFlick, its employees, agents or authorised representatives. PicFlick thus disclaims all liability for any damage, loss or liability of any nature whatsoever and howsoever arising out of or in connection with your access to or use of the Website.
15. LINKING TO THIRD PARTY WEBSITES
15.1. 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 PicFlick is not responsible for the practices and/or privacy policies of those Third Party Websites or the “cookies” that those sites may use.
15.2. 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.
16. LIMITATION OF LIABILITY
16.1 PicFlick 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 PicFlick, its employees, agents or authorised representatives.
16.2. PICFLICK 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 OR ON THE WEBSITE; OR YOUR INABILITY TO USE THE WEBSITE, AND/OR UNLAWFUL ACTIVITY ON THE WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.
16.3. YOU HEREBY INDEMNIFY PICFLICK 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.
17. AVAILABILITY AND TERMINATION
17.1. We will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and are entitled to discontinue providing the Website or any part thereof with or without notice to you.
17.2. PicFlick may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that PicFlick 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, to the extent possible.
17.3 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 Goods, this may (in our sole discretion with or without notice to you) lead to a suspension and/or termination of your access to the Website without any prejudice to any claims for damages or otherwise that we may have against you.
17.4. PicFlick is entitled, for purposes of preventing suspected fraud and/or where it suspects that you are abusing the Website and/or have created multiple user profiles to take advantage of a promotion or Coupon intended by PicFlick to be used once-off by you, to blacklist you on its database (including suspending or terminating your access to the Website), refuse to accept or process payment on any order, and/or to cancel any order concluded between you and PicFlick, in whole or in part, on notice to you.
17.5. PicFlick shall only be liable to refund monies already paid by you (see PicFlick’s Returns Policy in this regard), and accepts no other liability which may arise as a result of such blacklisting and/or refusal to process any order.
17.6. At any time, you can choose to stop using the Website, with or without notice to PicFlick.
18. GOVERNING LAW AND JURISDICTION
18.1. These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa.
18.2. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from the use of the Website and any of these Terms and Conditions.
18.3. In the event of any dispute arising between you and PicFlick, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
18.4. Nothing in these Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.
19. NOTICES
19.1. PicFlick hereby selects 105 Oxford Road, Saxonwold Johannesburg, South Africa, 2132, as its address for the service of all formal notices and legal processes in connection the use of the Website and these Terms and Conditions (“legal address”). PicFlick may change this address from time to time by updating these Terms and Conditions.
19.2. You hereby select the delivery address specified with your order as your legal address for the service of any notices/legal process in terms of any proceedings instituted in terms of the use of the Website and or these Terms and Conditions, but you may change it to any other physical address by giving PicFlick not less than 7 days’ notice in writing.
19.3. Notices must be sent either by hand, prepaid registered post, telefax or email and must be in English. All notices sent –
• by hand will be deemed to have been received on the date of delivery;
• by prepaid registered post, will be deemed to have been received 10 days after the date of posting;
• by telefax before 16h30 on a business day will be deemed to have been received, on the date of successful transmission of the telefax. All telefaxes sent after 16h30 or on a day which is not a business day in the Republic of South Africa will be deemed to have been received on the following business day; and
• by email will be deemed to have been sent on the date indicated on 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.
20. COMPLAINTS
20.1. Customer complaints should be made by way of e-mail to the address set out below:
complaints@picflick.co.za;
20.2. PicFlick endeavours to respond to all customer complaints timeously and in an open, forthright manner.
21. INFORMATION
21.1. For the purposes of the ECTA (the Electronic Communications and Transactions Act, 2002), PicFlick’s information is as follows, which should be read in conjunction with its product descriptions and other terms and conditions contained on the Website:
• Full name: PicFlick (Pty) Ltd, a private company registered in South Africa with registration number 2018/348377/07.
• Main business: E-Commerce
• Physical address for receipt of legal service (also postal and street address): 105 Oxford Road, Saxonwold Johannesburg, South Africa, 2132
• Office bearers: Dean Daleski , Dylan Hirshowitz
• Phone number: 011 327 3667
• Email address: info@picflick.co.za;
22. GENERAL
22.1. PicFlick 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 access/use the Website or any of its contents subject to us processing any orders then already made by you.
22.2 You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.
22.3. Any failure on the part of you or PicFlick to enforce any right in terms hereof shall not constitute a waiver of that right.
22.4. If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
22.5. No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and signed by or on behalf of the parties hereto.
22.6. 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 timeously and strictly which may have arisen in the past or which might arise in the future.
22.7. These Terms and Conditions contain the whole agreement between you and PicFlick and no other warranty or undertaking is valid, unless contained in this document between the parties.
22.8. To the extent that any word, phrase or paragraph of this document is or becomes unlawful, null and void or unenforceable for any reason, to the extent possible, such unlawful, null and void or unenforceable word, paragraph or provision shall be excised from this document and the remaining words, paragraphs and provisions hereof shall remain of full force and effect.