Terms and Conditions
PLEASE READ THIS AGREEMENT AND “PRODUCT LICENSE TERMS” CAREFULLY AND SAVE IT. IF YOU DO NOT AGREE WITH IT, YOU SHOULD LEAVE OUR WEBSITE AND STOP USING THE SITE OR THE SERVICES IMMEDIATELY.
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
country.
“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
us.
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
Website.
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
country.
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
price.
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-
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-
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-
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
photographs);
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-
activities. However, we may do so without notice to you and without giving you a
reason.
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-
info@sneekypic.com;
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-
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-
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
you.
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
Property;
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-
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-
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
from:
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-
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-
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-
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-
4.2. You must not Copy or Publish a Licensed Product except as specifically allowed in this
agreement.
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
agreement.
4.7. You may not use a Licensed Product except for the use specified at the time of
Purchase.
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-
or all of its rights and obligations under this agreement without our prior written
consent.
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
agreement;
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
excluded.