Terms and Conditions


We are Sneeky Pic (Pty) Ltd, a company registered in South Africa, number 2015/277323/07 and you are anyone who uses Our Website, registers on Our Website or buys a License from us.

These are the terms and conditions subject to which we allow you to use Our Website. By visiting or using Our Website, or signing up for our services or products, you agree to be bound by them. You may not use Our Website if you are under the age of 18 years. If you violate these terms we may terminate your use of Our Website, bar you from future use of Our Website and/or take appropriate legal action against you.

It is now agreed as follows:

1. Definitions

In this agreement, the following words shall have the following meanings, unless the context

requires otherwise:

“Content”                   means the textual, visual or aural content that is encountered as part

of your experience on Our Website. It may include, among other

things: text, images, sounds, videos and animations. It includes

content Posted by you.

"Intellectual Property"  means intellectual property owned by us or by any third party, of every

sort, whether or not registered or registrable in any country, including

intellectual property of all kinds coming into existence after today;

and including, among others, patents, trade marks, unregistered

marks, designs, copyrights, domain names, discoveries, creations and

inventions, together with all rights which are derived from those

rights or for which application for registration has been made in any


“Our Website”             means the entire computing hardware and software installation that is

or supports our website including any communication or peripheral

system. It includes any website of ours, all web pages and social

media pages controlled by us.

"Post"                        means place on or into Our Website any Content or material of any

sort by any means.

“Licence”                    means a licence granted by us to you in the terms of this agreement

for use of a Licensed Product.

“Licensed Product”       means any product, material or thing offered for Licence by us on Our

Website, whether or not bought by you. A reference to “Product” shall

be a reference to all or part of a Product or to a Product changed by

you in any way.

“Service”                    means any service we sell from time to time, whether or not

connected to a Licensed Product.

2. Interpretation

In this agreement the following meanings apply unless the context otherwise requires:

2.1.   a reference to a person includes a human individual, a corporate entity and any

organisation which is managed or controlled as a unit.

2.2.   a reference to a person includes reference to that person’s successors, legal

representatives, permitted assigns and any person to whom rights and obligations are

transferred or pass as a result of a merger, division, reconstruction or other re-

organisation involving that person.

2.3.   the headings to the paragraphs and schedules (if any) to this agreement are inserted

for convenience only and do not affect the interpretation.

2.4.   any agreement by either party not to do or omit to do something includes an obligation

not to allow some other person to do or omit to do that same thing;

2.5.   a reference to an act or regulation includes new law of substantially the same intent as

the act or regulation referred to.

2.6.   these terms and conditions apply to all supplies of Licensed Products by us. They

prevail over any terms proposed by you.

2.7.   this agreement is made only in the English language. If there is any conflict in meaning

between the English language version of this agreement and any version or translation

of this agreement in any other language, the English language version shall prevail.

3. Basis of Contract

3.1.   If you use Our Website in any way, or on behalf of another person you warrant that you

have full authority to do so and you accept personal responsibility for every act or

omission by you.

3.2.   When you buy a Licensed Product, you are in fact buying a licence to use that Licensed

Product. The terms of use vary from one Licensed Product to another and are contained

in our “Product Licence Terms”. That Licence is supplemental to this agreement and to

be read with this agreement to provide the full agreement between us.

3.3.   In entering into this contract you have not relied on any representation or information

from any source except Our Website.

3.4.   When providing registration data for your user login account, you agree to:

3.4.1 provide accurate, current and complete information as required for the forms.

3.4.2 maintain the security of your username and password.

3.4.3 notify us immediately for any unauthorised use of your account.

3.4.4 accept all responsibility for any and all activities that occur under your account.

3.4.5 accept all risks of unauthorised access to the registration data that you provide to


3.4.6 accept that all the registration data will automatically be removed from Our

Website once the Product License has expired.

3.5.   There is no contract between us for any free service, so you do not become a client by

using any free service and we are not liable to you in any way resulting from your use of

any free service.

3.6.   The price of any Licensed Product or Service may be changed by us at any time. We will

never change a price so as to affect the price charged to you at the time when you buy

that Licensed Product or Service.

3.7.   You agree that you are bound by these terms (or the latest version of them) for all

future contracts with us, whether ordered through Our Website or in some other way.

3.8.   You now agree that you commit a breach of this contract if you seek repayment of

money paid to us by asking your credit card provider to credit back a payment made to

us, without attempting to seek repayment from us first. In that event, you agree that

you will owe us first the sum charged to us by our payment service provider and

secondly a sum based on time spent at R 1500.00 (One Thousand Five Hundred Rand)

per hour in dealing with your breach. You also agree that this provision is reasonable.

3.9.   The Contract between us comes into existence at the earlier of:

3.9.1 when we write to you to confirm that your payment has been processed for the

Licensed Product; or

3.9.2 when we write to you to confirm that your registration data has been registered

as per the registration form.

3.10. We may change this agreement and/or the way we provide a Product, at any time. If

we do:

3.10.1 the change will take effect when we Post it on Our Website. You are advised to

  check this page from time to time.

3.10.2 if you make any payment for Licensed Products or Services in the future, you will

  do so under the terms posted on Our Website at that time.

4. The price

4.1.   The prices payable for the Licensed Product and Services are clearly set out on Our


4.2.   The price charged for any Licensed Product or Service may differ from one country to

another. You may not be entitled to the lowest price unless you reside in the qualifying


4.3.   Prices are inclusive of any applicable value added tax or other sales tax.

4.4.   Charges for Services are fixed whenever it is reasonably possible for us to ascertain the


4.5.   When we do not provide fixed charges for the Service, we will charge by the hour. In

that case all work done, including all letters, e-mails, faxes and telephone calls made

and received will be charged on a time basis in minimum units of one tenth of an hour.

4.6.   Estimates of charges will be provided to you wherever possible.

4.7.   You can find our hourly charging rate, time travel rate and motor mileage rate on Our

Website. Other travel costs will be re-charged at cost incurred.

4.8.   Our Services require payment in advance in every case.

5. Security of your credit card

We take care to make Our Website safe for you to use.

5.1.   Card payments are not processed through pages controlled by us.

6. Consumer protection: cancellation and refunds

This paragraph applies if and only if, you are a consumer as defined in the Electronic

Communications and Transactions Act 2002 (“the Act”).

Please note that following sub paragraphs apply to charge Services we offer on Our Website.

6.1.   For all purposes at law, the contract between us is not made until you have agreed

these terms, whether via Our Website or in hard copy, and we have agreed in writing to

provide the Service you want.

6.2.   Whether or not you have paid any money to us at that time is neither relevant to the

start of the contract or your right to cancel.

6.3.   The contract is not made automatically at the point when you have agreed to these

contract terms. That is merely your offer. The contract is made later, when we accept

and agree to provide the Service you want.

6.4.   Most customers want us to supply a Service before the expiry of the 7 day cancellation

period. Our business system therefore operates on the basis that we supply a Service

as soon as we can, without waiting for the 7 day cancellation period to expire.

6.5.   Before we agree to supply a Service, we therefore ask that you give up your right to

cancel. If you do not agree, we shall not be able to work for you within 7 days of

receiving your order.

6.6.   So far as our Service is continuing, you may cancel it at any time before we have

completely provided it. If you do, we will return to you any money paid after deduction

of an appropriate amount to cover any part of the Service we have supplied, including

work we may not by then have told you about.

6.7.   The Act does not remove other statutory rights you may have.

Please note that following sub-paragraphs apply only to a Licensed Product you purchase for

viewing online on Our Website.

6.8.   Most of our Products are “delivered” by allowing you to view them immediately on Our

Website. As a result we are unable to allow you 7 days to return a Licensed Product.

6.9.   To comply with the Act, we require you to instruct us to deliver a Licensed Product to

you immediately. If you do this you will lose your right to cancel in the 7 days period.

6.10. By accepting Sneeky Pic (Pty) Ltd terms and conditions, you now do instruct us to

deliver a Licensed Product as soon as we are reasonably able and you understand that

in doing so you lose your right to cancel.

6.11. You have no right to a refund of money paid for a Licensed Product once that Product

has been made available to you for viewing on Our Website.

7. Content you Post to Our Website

You agree that you will not use or allow anyone else to use Our Website to Post any Content

which is or may:

7.1.   be information which could promote or assist any unlawful purpose;

7.2.   consist in commercial audio, video or music files;

7.3.   be illegal, obscene, offensive, threatening or violent;

7.4.   be sexually explicit or pornographic;

7.5.   be likely to deceive any person or be used to impersonate any person, or to

misrepresent your identity, age or affiliation with any person;

7.6.   solicit passwords or personal information from anyone;

7.7.   be used to sell any goods or services or for any other commercial use;

7.8.   include anything other than words (i.e. you will not include any symbols or


7.9.   be incomplete or inaccurate or submitted otherwise than as requested by Our Website;

7.10. link to any of the material specified above, in this paragraph.

8. Your Posting: restricted content

In connection with the restrictions set out below, we may refuse or edit or remove Content

which does not comply with these terms.

In addition to the restrictions set out above, Content must not contain:

8.1.   hyperlinks, other than those specifically authorised by us.

8.2.   keywords or words repeated, which are irrelevant to the Content Posted.

8.3.   the name, logo or trademark of any organisation other than yours.

8.4.   inaccurate, false, or misleading information.

9. How we handle your Content

9.1.   Our privacy policy is strong and precise. It complies fully with current law.

9.2.   If you Post Content to any public area of Our Website it becomes available in the public

domain. We have no control who sees it or what anyone does with it.

9.3.   Even if access to your text is behind a user registration it remains effectively in the

public domain because someone has only to register and log in, to access it. You should

therefore avoid Posting unnecessary confidential information.

9.4.   We need the freedom to be able to publicise our services and your own use of them.

You therefore now irrevocably grant us the right and licence to edit, copy, publish,

distribute, translate and otherwise use any Content that you place on Our Website, in

public domains and in any medium. You represent and warrant that you are authorised

to grant all such rights.

9.5.  We will use that licence only for commercial purposes of the business of Our Website

and will stop using it after a commercially reasonable period of time.

9.6.   You agree to waive of your right to be identified as the author and your right to object

to derogatory treatment of your work as provided in the Copyright Act 1978.

9.7.   You now irrevocably authorise us to publish feedback, comments and ratings about your

activity through Our Website, even though it may defamatory or critical.

9.8.   Posting content of any sort does not change your ownership of the copyright in it. We

have no claim over it and we will not protect your rights for you.

9.9.   You understand that you are personally responsible for your breach of someone else’s

intellectual property rights, defamation, or any law, which may occur as a result of any

Content having been Posted by you.

9.10. You accept all risk and responsibility for determining whether any Content is in the

public domain and not confidential.

9.11. Please notify us of any security breach or unauthorised use of your account.

9.12. We do not solicit ideas or text for improvement of our Service, but if you do send to us

material of any sort, you are deemed to have granted us a licence to use it in the terms

set out at sub paragraph 5 (five) above.

10. Removal of offensive Content

10.1. For the avoidance of doubt, this paragraph is addressed to any person who comes on

Our Website for any purpose.

10.2. We are under no obligation to monitor or record the activity of any customer for any

purpose, nor do we assume any responsibility to monitor or police Internet-related

activities. However, we may do so without notice to you and without giving you a


10.3. If you are offended by any Content, the following procedure applies:

10.3.1 your claim or complaint must be submitted to us by e-mail at


10.3.2 we shall remove the offending Content as soon as we are reasonably able;

10.3.3 after we receive notice of a claim or complaint, we shall investigate so far as we

  alone decide;

10.3.4 we may re-instate the Content about which you have complained or not.

10.4. In respect of any complaint made by you or any person on your behalf, you now

irrevocably grant to us a licence to publish the complaint and all ensuing

correspondence and communication, without limit.

10.5. You now agree that if any complaint is made by you frivolously or vexatiously you will

repay us the cost of our investigation including legal fees, if any.

11. Security of Our Website

If you violate Our Website we shall take legal action against you.

You now agree that you will not, and will not allow any other person to:

11.1. modify, copy, or cause damage or unintended effect to any portion of Our Website, or

any software used within it.

11.2. link to our site in any way that would cause the appearance or presentation of Our

Website to be different from what would be seen by a user who accessed Our Website

by typing the URL into a standard browser;

11.3. download any part of Our Website, without our express written consent;

11.4. collect or use any product listings, images, descriptions, or prices;

11.5. collect or use any information obtained from or about Our Website or the Content

except as intended by this agreement;

11.6. aggregate, copy or duplicate in any manner any of the Content or information available

from Our Website, other than as permitted by this agreement or as is reasonably

necessary for your use of the Services;

11.7. share with a third party any login credentials to Our Website.

11.8. Despite the above terms, we now grant a licence to you to:

11.8.1 create a hyperlink to Our Website index/home page only for the purpose of

  promoting an interest common to both of us. You can do this without specific

  permission, but advise us in writing per e-mail at info@sneekypic.com that a

  hyperlink has been created. This licence is conditional upon you not portraying   us or any Product or Service in a false, misleading, derogatory, or otherwise   offensive manner. You may not use any logo or other proprietary graphic or   trademark of ours as part of the link without our express written consent.

12. Interruption to Sneeky Pic (Pty) Ltd service

12.1. If it is necessary for us to interrupt our service, we will give you reasonable notice

where this is possible and when we think the down time is such as to justify telling


12.2. You acknowledge that Sneeky Pic (Pty) Ltd service may also be interrupted for many

reasons beyond our control.

12.3. You agree that we are not liable to you for any loss, foreseeable or not, arising from

any interruption to our service.

13. Intellectual Property

13.1. We will defend our Intellectual Property rights in all countries.

13.2. Except as provided in our Product Licence Terms, you may not copy, modify, publish,

transmit, or sell, create derivative works from, distribute, perform, display, or in any

way exploit any of our Intellectual Property or that owned by any third party and

accessible to you via Our Website.

13.3. You may not use our name or logos or trademarks or any other content on any website

of yours or that of any other person.

13.4. You agree that at all times you will:

13.4.1 not to cause or permit anything which may damage or endanger our title to any

  of our Intellectual Property;

13.4.2 notify us of any suspected infringement of the Intellectual Property;

13.4.3 indemnify us for any loss or expense arising from your misuse of the Intellectual


13.4.4 not use any name or mark similar to or capable of being confused with any name

  or mark of ours.

14. Disclaimers and limitation of liability

14.1. The law differs from one country to another. This paragraph applies so far as the

applicable law allows.

14.2. All implied conditions, warranties and terms are excluded from this agreement.

14.3. Our Website includes Content Posted by third parties. We are not responsible for any

such Posting. If you come across any Content which offends against this document,

please e-mail us at info@sneekypic.com with the relevant details.

14.4. You are advised that Content may include technical inaccuracies or typographical errors.

This is inevitable in any large website. We would be grateful if you bring to our

immediate attention, any that you find.

14.5. We sell Licensed Products and Services in good faith. But we make no representation or

warranty that any Licensed Product or Service will be:

14.5.1 useful to you;

14.5.2 of satisfactory quality;

14.5.3 fit for a particular purpose;

14.5.4 available or accessible, without interruption, or without error.

14.6. Our Website contains links to other Internet websites. We have neither power nor

control over any such website. You acknowledge and agree that we shall not be liable in

any way for the content of any such linked website, nor for any loss or damage arising

from your use of any such website.

14.7. We claim no expert knowledge in any subject. We disclaim any obligation or liability to

you arising directly or indirectly from information you take from Our Website.

14.8. You agree that in any circumstances when we may become liable to you, the limit of our

liability is the amount you have paid us in the immediately preceding 6 (six) month

period for the Licensed Products concerned.

14.9. We shall not be liable to you for any loss or expense which is:

14.9.1 indirect or consequential loss; or

14.9.2 economic loss or other loss of turnover, profits, business or goodwill even if such

  loss was reasonably foreseeable or we knew you might incur it.

14.10.This paragraph (and any other paragraph which excludes or restricts our liability)

 applies to our directors, officers, employees, subcontractors, agents and affiliated

 companies as well as to us.

14.11.If you become aware of any breach of any term of this agreement by any person,

 please e-mail us at info@sneekypic.com. We welcome your input but do not

 guarantee to agree with your judgement.

15. You Indemnify Us

You agree to indemnify us against all costs, claims and expense arising directly or indirectly


15.1. your failure to comply with the law of any country;

15.2. your breach of this agreement;

15.3. any Content you Post to Our Website;

15.4. any data you send or upload to Our Website for storage or any other purpose;

15.5. a breach of the intellectual property rights of any person;

15.6. your failure to conform to any relevant Internet protocol;

15.7. any use of your site for a purpose forbidden by this agreement;

15.8. any act, neglect or default by any agent, employee, licensee or customer of yours;

15.9. a contractual claim arising from your use of the Licensed Products;

15.10.and for the purpose of this paragraph you agree that the cost of our management and

 technical time is properly recoverable and can reasonably be valued at R 1000-00 (One

 Thousand Rand)  per hour without further proof.

16. Miscellaneous matters

16.1. No amendment or variation to this agreement is valid unless in writing, signed by each

of the parties or his authorised representative.

16.2. If any term or provision of this agreement is at any time held by any jurisdiction to be

void, invalid or unenforceable, then it shall be treated as changed or reduced, only to

the extent minimally necessary to bring it within the laws of that jurisdiction and to

prevent it from being void and it shall be binding in that changed or reduced form.

Subject to that, each provision shall be interpreted as severable and shall not in any

way affect any other of these terms.

16.3. If you are in breach of any term of this agreement, we may:

16.3.1 publish all text and Content relating to the claimed breach, including your name

  and email address and all correspondence between us and our respective

  advisers; and you now irrevocably give your consent to such publication.

16.3.2 terminate your account and refuse access to Our Website;

16.3.3 issue a claim in any court.

16.4. Any obligation in this agreement intended to continue to have effect after termination

or completion shall so continue.

16.5. No failure or delay by any party to exercise any right, power or remedy will operate as a

waiver of it nor indicate any intention to reduce that or any other right in the future.

16.6. Sneeky Pic (Pty) Ltd respects your privacy, takes reasonable steps to protect your

personal information as defined in the Promotion of Access to Information Act 2000 and

Protection of Personal Information Act 2013. Our compliance with the legislation is set

out in our Privacy Policy.You agree that we may disclose your information including

assigned IP numbers, account history, account use, etc. to any judicial or proper legal

authority who makes a written request without further consent or notification to you.

16.7. When you visit Our Website or send us e-mails, you consent to receiving communication

from us electronically and agree that all agreements, notices, disclosures and other

communication sent by us satisfy any legal requirements, including but not limited to

the requirement that such communication should be ‘in writing’.

16.8. In the event of a dispute between the parties to this agreement, then they undertake

to attempt to settle the dispute by engaging in good faith with the other in a process of

mediation before commencing arbitration or litigation. Arbitration shall be conducted

in the city Pretoria following the rules and regulations as laid down by the Arbitration

Foundation of South Africa.

16.9. This agreement does not give any right to any third party.

16.10.The validity, construction and performance of this agreement shall be governed by the

 laws of the Republic of South Africa.

16.11.Sneeky Pic (Pty) Ltd chooses as its domicilium citandi et executandi  for all purposes of

 this agreement, whether in respect of court process, notice, or other documents or

 communication of whatsoever nature.

17. Company Information

Sneeky Pic (Pty) Ltd, a company registered in South Africa, number 2015/277323/07.

Physical address : 145 Swaardlelie Street, Die Wilgers, Pretoria, South Africa

Postal address : P O Box 71110, Die Wilgers, Pretoria, South Africa, 0041

Directors : R Robinson

E-mail : info@sneekypic.co.za

Website : http//www.sneekypic.com

Telephone : +27 12 807 6616


                                 Product Licence Terms

We are Sneeky Pic (Pty) Ltd, a company registered in South Africa, number 2015/277323/07 and you are anyone who buys a License from us.

These are the agreed terms

These Product Licence Terms are supplemental and additional to the above terms and conditions (the “T&C”) relating to use of Our Website. By buying or using any Licensed Product, you agree to be bound by them.

1. Definitions

In this agreement, the definitions in the T&C apply. In addition, the following words shall

have the following meanings, unless the context requires otherwise:

“Copy or Publish”         with reference to a Licensed Product, means reproducing or publishing

in whole or in part, using any means, in any medium. It includes

breaking up, changing, cropping or any other change or use as part of

some other created work.

“Restrictions on Use”   means first, the restrictions set out in this agreement and second, all

restrictions or limitations arising from choices you made at the time of

purchase. These may relate to limitations on use, territory, duration,

or any other choice which defines the Licensed Product.

“Third Party Owner”     means an owner of a Licensed Product which is not owned by us.

“Licence”                    means a licence granted by us to you in the terms of this agreement

for use of a Licensed Product.

"Licensed Product”       means any product, material or thing offered for Licence by us on Our

Website, whether or not bought by you. A reference to "Product" shall

be a reference to all or part of a Product or to a Product changed by

you in any way.


2. Interpretation

The interpretation and definition provisions of the T&C apply also to this agreement.

3. The Licence

3.1.   You confirm that you have authority to enter into this agreement and have obtained all

necessary approvals to do so.

3.2.   In entering into this contract you have not relied on any representation or information

from any source except that on Our Website.

3.3.   We do not offer the Licensed Products in all countries. We may refuse a Licence if you

live in a country we do not serve.

3.4.   If any information you give us is inaccurate, your Licence is automatically terminated

and no refund of money will be due to you.

3.5.   Subject to the terms of this agreement, we grant to you a Licence to use a Licensed

Product to view all the galleries on Our Website.

3.6.   This Licence is limited by the Restrictions on Use. You agree to comply with all

Restrictions on Use no matter how communicated to you.

3.7.   No express or implied licence of the Licensed Product or any other material is granted

to you other than the express Licence granted in this agreement.

4. Limitations and permissions on Licences

4.1.   You must not sub-license a Licensed Product.

4.2.   You must not Copy or Publish a Licensed Product except as specifically allowed in this


4.3.   You may not allow any other person to use a Licensed Product except in the situation or

context for which you have bought it.

4.4.   You may not represent or give the impression that you are the owner or originator of

any Licensed Product.

4.5.   You may not remove any identification or reference number or other information which

may be embedded in any file of a Licensed Product.

4.6.   Every publication or appearance of a Licensed Product on a website must be protected

as far as the law allows by separate, specific or general provisions against copying or

publishing. We allow you to use the definition of “Copy or Publish” used in this


4.7.   You may not use a Licensed Product except for the use specified at the time of


4.8.   A Licensed Product can only be viewed for the duration of the License as indicated on

Our Website.

5. Copyright and other Intellectual Property

5.1.   You agree that at all times you will:

5.1.1 not to cause or permit anything which may damage or endanger our title to any

Licensed Product or other Intellectual Property or the title of any Third Party

Owner whose work has been made available to us as a Licensed Product;

5.1.2 notify us of any suspected infringement of the Intellectual Property.

5.2.   If you use a Licensed Product in a way not allowed by this agreement we may take

legal action anywhere in the World. If loss to us or any other person results from

your wrongful action, you will be liable to pay.

5.3.   If we terminate the Licence on account of your breach, you agree that you will:

5.3.1 immediately stop using the Licensed Product;

5.3.2 delete all user registration details pertaining to the Licensed Product;

5.4.   If we reasonably believe that you are using a Licensed Product outside the scope of this

Licence, you agree to provide written confirmation of your compliance, in a form to be

drawn by us.

6. Assignment

6.1.   You may not assign, delegate, sub-contract, mortgage, charge or otherwise transfer any

or all of its rights and obligations under this agreement without our prior written


7. Third Party Owners and additional restrictions

Some Products offered for Licence on Our Website are owned by Third Party Owners and not

by us. The following additional provisions apply:

7.1.   the price of the Licence includes a sum payable by us to the Third Party Owner;

7.2.   you have no obligation to make payment to the Third Party Owner;

7.3.   we are the agent of the Third Party Owner and accept all obligations and liability to you

in connection with the Licensed Product;

7.4.   you remain liable to the Third Party Owner, through us, for compliance with this


7.5.   in any event when you may be liable to the Third Party Owner for breach of this

agreement, you will indemnify us for all cost and liability arising from our relationship

with the Third Party Owner, our acting as his agent, or your buying a Licensed Product

owned by him.

8. Miscellaneous matters

8.1.   At any time if we decide in our absolute discretion that you have failed to comply with

        any of the terms of this agreement, we reserve the right to terminate this agreement

        without refunding to you any payment made.

8.2.   This agreement shall not be governed by the United Nations Convention on Contracts

for the International Sale of Goods, the application of which is hereby expressly