PIXELGRID.CO.ZA TERMS OF SERVICE
These Terms of Service (“Terms”) are effective as of : 31 May 2021 “Effective Date”
READ THESE TERMS CAREFULLY BEFORE BROWSING THIS WEBSITE. YOUR CONTINUED USE
OF THIS WEBSITE INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS.
YOU CANNOT USE THIS WEBSITE IF YOU DO NOT ACCEPT THESE TERMS. ALL SECTIONS OF
THESE TERMS ARE APPLICABLE TO ALL USERS UNLESS THE SECTION EXPRESSLY STATES
OTHERWISE.
Clause 1 Introduction
1.1 The website https://pixelgrid.co.za/ (“the Website”) is operated and/or
owned by Pixelgrid Pty Ltd (bearing registration number: 2019 / 187833 / 07)
(hereinafter referred to as “Pixelgrid.co.za”, “we”, “our” or “us”). The Terms
herein are entered into by and between Pixelgrid.co.za and the User. Any
reference to “Pixelgrid.co.za”, “we”, “our” or “us”, shall include our
employees, officers, directors, representatives, agents, shareholders,
affiliates, subsidiaries, holding companies, related entities, advisers, sub-
contractors, service providers and suppliers.
1.2 These terms, including any document incorporated by reference herein,
including, but not limited to the Privacy Policy (collectively, the “Terms”)
apply to any User who uses any one or more of the Services, accesses, refers
to, views and/or downloads any information or material made available on
the Website for whatever purpose (hereinafter referred to as “User”, “you” or
“your”).
1.3 Accessing and/or use of the Website after the Effective Date will signify that
you have read, understand, accept, and agree to be bound, and are bound, by
the Terms, in your individual capacity and for and on behalf of any entity for
whom you use the Website. Further, you represent and warrant that you
have the authority to do so and that you are a Competent Person (as defined
in the Protection of Personal Information Act, 4 of 2013, as amended).
1.4 To the extent permitted by applicable law, we may modify the Terms with
prospective effect without prior notice to you, and any revisions to the Terms
will take effect when posted on the Website. Such modifications will require
acceptance by you prior to your continued use of the Website, and shall
thereby be construed as your consent to the amended or updated Terms.
Your only remedy, should you not agree to these Terms, is to refuse
acceptance of the amended or updated Terms, thereby preventing your use
of this Website.
Clause 2 Terminology
2.1 “Browser” shall mean any person who visits any page of the Website,
whether by landing at the home page or any other page through use of a
hyperlink of another website or by direct access to the Website and who has
no intention of using, or does not use, the Services offered by us;
2.2 “Business Days” shall mean any days which are not a Saturday, Sunday or
gazetted public holiday in the Republic of South Africa during working hours;
2.3 “Cart” shall mean the User’s Cart on the Website in which it stores intended
purchases prior to payment being made;
2.4 “Goods” shall mean the products and/or services as made available to a User
for purchase on the Website, and which shall include, inter alia, goods and/or
services relating to the following: Pixelgrid provides clients with effortless
wireless smart solutions for businesses and homes. We provide wide range of
services, from Network installations(Wi-Fi Access Points), network security
(Firewalls) and Smart Home devices;
2.5 “Party” or “Parties” shall mean Pixelgrid Pty Ltd and/or or the User as the
context implies;
2.6 “Personal Information” shall mean the Personal Information as required from
the User in order to register for the Services;
2.7 “Registration Process” refers to the Registration Process to be followed by a
Browser on our Website in order to enable them to use the Services and thus
make the transition from a Browser to a User;
2.8 “Services” shall refer to the Services provided by us to the User as set out in
clause Clause 4 below;
2.9 “Terms” shall mean these Terms of Service as read together with the Privacy
Policy; and
2.10 “User” shall mean the Browser who completes the Registration Process on
the Website in order to make use of the Services.
2.11 Any use of the above terminology or other words in the singular, plural,
capitalisation and/or he/she or they, are taken as interchangeable and
therefore as referring to the same.
Clause 3 Your agreement to these Terms
3.1 Subject to, and on the basis of a User’s acceptance of the Terms, we grant to
you a limited, revocable, non-transferable license to access and use the
Website in accordance with the various policies and agreements which may
govern such use and access.
Clause 4 Description of our Services
4.1 The Website enables you to shop for and purchase Goods.
Clause 5 Registration Process
5.1 Only Users may order and purchase Goods through the Website.
5.2 In order to register as a User you will, through the Registration Process, be
prompted to provide login details as well as submit certain Personal
Information as contained in the Privacy Policy.
5.3 The provisions pertaining to the processing of your Personal Information are
set our more fully in our Privacy Policy.
5.4 Each time a User wishes to make use of the Services, the User shall be
required to log into the Website using their login details.
5.5 In the event of a User being of the view that their login details are being used
by someone else, please contact us immediately at adriaan@pixelgrid.co.za.
Clause 6 Purchase of Goods
6.1 The Goods as selected by the User for purchase together with the individual
price thereof shall be reflected in the User’s Cart. The price of each of the
Goods shall automatically be tallied in the Cart, as a total, which total shall be
inclusive of VAT to the extent that we are registered for VAT.
6.2 The cost of delivery of the Goods shall also be included in the total comprising
the User’s Cart.
Clause 7 Payment
7.1 Payment may be made in one of the following manners:
7.1.1 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 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.
7.1.2 Electronic Funds Transfer (“EFT”) or Bank Transfer.
7.2 Goods will only be released for delivery once payment has been received into
our banking account.
Clause 8 Delivery of Goods
8.1 The Goods shall be delivered to the User through the services of a courier of
our selection:
8.1.1 The Goods shall be delivered to the User at the address selected during the
payment process.
8.1.2 The Goods shall be delivered, where possible on a Business Day, but this shall
depend on the courier company.
8.1.3 Any additional charges that may be levied in respect of the delivery of the
Goods or forced return of the Goods such as, but not limited to, custom
blockage in respect of a User outside of the Republic of South Africa, shall be
for the User’s account.
8.2 We shall endeavour to have the Goods delivered to you within five days of
payment being received by us. However, we shall not be held liable for any
late deliveries attended to.
8.3 Our obligation to provide the Goods to you is fulfilled upon delivery thereof.
We are not responsible for any loss or unauthorised use of the Goods after
provision thereof to you.
Clause 9 Warranties by the User
9.1 The User warrants and represents that the Personal Information provided to
us is and shall remain accurate, true and correct and that the User will update
the Personal Information held by us to reflect any changes as soon as
possible.
9.2 The User further warrants that when registering on the Website it:
9.2.1 is not impersonating any person; and
9.2.2 is not violating any applicable law regarding use of personal or identification
information.
9.2.3 Further and insofar as the Registration Process is concerned, the User
warrants that the login details shall:
9.2.3.1 be used for personal use only; and
9.2.3.2 not be disclosed by a User to any third party.
9.3 For security purposes the User agrees to enter the correct login details
whenever purchasing Goods, failing which access will be denied.
9.4 The User agrees that, once the correct login details relating to the User’s
account have been entered, irrespective of whether the use of the Log in
Details is unauthorised or fraudulent, the User will be liable for payment of
any such Goods purchased.
Clause 10 Warranties by Pixelgrid.co.za
10.1 We make no representation or warranty (express or implied) that the
Website or Services will:
10.1.1 meet a User’s needs;
10.1.2 be accessible at all times;
10.1.3 be accurate, complete or current; or
10.1.4 be free from viruses.
10.2 Subject to any express terms, Pixelgrid.co.za makes no representation or
warranty as to the volume or subject area of Services accessible through the
Website.
10.3 Except for any express warranties in these Terms the Services are provided
“as is”. Pixelgrid.co.za makes no other warranties, express or implied,
statutory or otherwise, including but not limited to warranties of
merchantability, title, fitness for a particular purpose or non-infringement.
We do not provide any warranties against viruses, spyware or malware that
may be installed on your computer as a result of you accessing or using the
Website.
10.4 Pixelgrid.co.za does not warrant that the use of the Website will be
uninterrupted or error free, nor does Pixelgrid.co.za warrant that we will
review information for accuracy.
10.5 Pixelgrid.co.za shall not be liable for delays, interruptions, service failures or
other problems inherent in use of the internet and electronic
communications or other systems outside the reasonable control of
Pixelgrid.co.za. While a User may have statutory rights, the duration of any
such statutorily warranties, will be limited to the shortest period to the extent
permitted by required law.
Clause 11 Unauthorised use of the Website or email addresses as provided by us
11.1 A User may not use the Website for any objectionable or unlawful purpose.
11.2 A User, apart from uploading Personal Information as required when
completing the Registration Process may also after the purchase of Goods
add a review or comment relating to the Goods so purchased by it .
11.3 We reserve the right to remove any such review in the event that same is
untrue, inflammatory or libellous.
11.4 A User undertakes not to send to us spam mail, or make use of other
unsolicited mass e-mailing techniques.
11.5 A User shall not introduce any virus, worm, trojan horse, malicious code or
other program which may damage computers or other computer-based
equipment through email communication with us.
11.6 A User may not sell, redistribute or use information contained on the Website
for a commercial purpose without our prior written consent.
11.7 A User may not remove or alter our copyright notices or other means of
identification including any watermarks, as they appear on the Website or
any of our emails.
11.8 A User understands and agrees that it is solely responsible for compliance
with any and all laws, rules and regulations that may apply to its use of the
Website or the Services.
Clause 12 Links to other Websites
12.1 The Website may contain links or portals to other websites. We have no
control over websites operated by third parties and the User agrees that we
are not responsible for and will have no liability in connection with a User’s
access to or use of any third-party website.
Clause 13 Limitation of Liability and Indemnity
13.1 The Website shall be used entirely at a User’s own risk.
13.2 We are not responsible for, and the User agrees that we will have no liability
in relation to, the use of and conduct in connection with the Website, or any
other person’s use of or conduct in connection with the Website, in any
circumstance.
13.3 We cannot guarantee or warrant that any file downloaded from the Website
or delivered to you via email will be free of infection or virus, worms, trojan
horses or other code that has contaminating or destructive qualities. A User is
responsible for implementing appropriate processes, systems and procedures
to protect itself from this type of issue.
13.4 A User indemnifies us, and agrees to keep us indemnified, from and against
any claim, loss, damage, cost or expense that we may suffer or incur as a
result of or in connection with a User’s improper use of or conduct in
connection with the Website, including any breach by a User of these terms
or any applicable law or licensing requirements.
13.5 To the maximum extent permitted by law we exclude all implied
representations and warranties which, but for these terms, might apply in
relation to a User’s use of the Website.
13.6 To the extent that our liability cannot be excluded by law, our maximum
liability, whether in contract, equity, statute or delict (including negligence),
to a User will be limited to the minimum amount imposed by such law.
13.7 Notwithstanding anything to the contrary in these terms, in no circumstances
will we be liable for any indirect, punitive or consequential loss or damages,
loss of income, profits, goodwill, data, contracts, use of money or any loss or
damages arising from or in any way connected to interruption of the Services
of any type, whether in delict, contract or otherwise.
Clause 14 Copyright
14.1 Pixelgrid.co.za and the contents of the Website are the property of
Pixelgrid.co.za, unless specified otherwise, and are protected by South African
and international copyright laws. Furthermore, the compilation (meaning the
collection, arrangement, and assembly) of all content on the Website and/or
the Services, is our property, unless credit is attributed to the author thereof,
and is, likewise, protected by South African and international copyright laws.
14.2 Except as stated in the Terms, none of the contents may be copied,
reproduced, distributed, republished, downloaded, displayed, posted or
transmitted in any form or by any means, including, but not limited to,
electronic, mechanical, photocopying, recording, or otherwise, except as
permitted by the fair use privilege under the South African copyright laws or
without our prior written permission, which should such consent be provided,
we reserve our right to withdraw such consent at any stage, in our sole and
absolute discretion.
14.3 Users are expressly prohibited to “mirror” any content, contained on the
Website, on any other server unless our prior written permission is obtained,
which should such consent be provided, we reserve our right to withdraw
such consent at any stage, in our sole and absolute discretion.
14.4 The User is granted a limited, revocable, and non-exclusive right to create a
hyperlink to the Website, so long as the link does not portray us, our
affiliates, Goods or Services in a false, misleading, derogatory, or otherwise
offensive manner. A User may not use our logo or other proprietary graphic
or trademark as part of the link without our permission or the permission of
our affiliates or content suppliers.
14.5 All trademarks and copyrights, together with any other intellectual property
rights, in and to any of the content of the Website, where not evidently that
of third parties, are the exclusive property of Pixelgrid.co.za.
Clause 15 Intellectual Property
15.1 A User undertakes not to attempt to decipher, decompile, disassemble or
reverse engineer any of the software or code comprising or in any way
making up a part of the Website including any algorithm used by us.
15.2 We own or are licensed to use all intellectual property on the Website. A
User may not use any of our intellectual property for any purpose other than
as may be required to use the Website for its intended purpose.
Clause 16 Breach
16.1 If either Party commits a breach of the Terms and fails to remedy such breach
within 7 (seven) days of receipt of written notice requiring the breach to be
remedied, then the Party giving notice shall be entitled, at its option, either to
cancel the Terms and claim damages or alternatively to claim specific
performance of all the defaulting Party’s obligations, together with damages,
if any, whether or not such obligations have fallen due for performance.
Clause 17 Arbitration
17.1 Any dispute which arises between the Parties in respect of the Terms shall
require the Parties to use their best endeavours to resolve the dispute
informally within 7 (seven) days of the dispute having been raised in writing.
17.2 If either Party provides written notification to the other that such attempt has
failed then each Party shall attempt to agree upon the appointment of a
suitably qualified mediator, within 10 (ten) days of such dispute being
referred.
17.3 If agreement is not reached as to the appointment of such mediator within 10
(ten) days after either Party has in writing called for the appointment of a
mediator, or where an appointment has been agreed upon and such
mediator is not able to mediate a resolution of such dispute within 30 (thirty)
days after such appointment then any Party may give written notice to the
other Parties referring the dispute to arbitration in accordance with the rules
of Arbitration Foundation of South Africa (“AFSA”) by an arbitrator or
arbitrators appointed by AFSA.
17.4 Either Party may demand that a dispute be referred to arbitration by giving
written notice to that effect to the other Party. This clause shall not preclude
either Party from obtaining interim relief on an urgent basis from a court of
competent jurisdiction pending the decision of the arbitrator.
17.5 The arbitration shall be held –
17.5.1 at/in Gauteng or other venue agreed by the parties in writing;
17.5.2 in English; and
17.5.3 immediately and with a view to its being completed within 21 (twenty one)
days after it is demanded.
17.5.4 The Parties irrevocably agree that the decision in arbitration proceedings:
17.5.4.1 shall be final and binding upon them;
17.5.4.2 shall be carried into effect;
17.5.4.3 may be made an order of any court of competent jurisdiction.
Clause 18 Assignment and Novation:
18.1 We may assign or novate any of our rights or obligations under these Terms
without a User’s consent. A User may not assign or novate any of his/her
rights.
Clause 19 Force Majeure:
19.1 The failure of either Party to fulfil any of their obligations under these Terms
shall not be considered to be a breach of, or default provided such inability
arises from an event of Force Majeure, and that either of the Parties who may
be affected by such an event has taken all reasonable precautions, due care
and reasonable alternative measures in order to meet these Terms, and has
informed the other as soon as possible about the occurrence of such an
event.
19.2 During the subsistence of Force Majeure, the performance of both Parties
under these Terms shall be suspended, on condition that either of them may
elect to cancel any Services should the event of Force Majeure continues for
more than 14 (fourteen) days by giving written notice to the other.
Clause 20 General
20.1 To the extent permitted by law, these Terms shall be governed by and be
construed in accordance with South African law, and any dispute arising out
of these Terms shall be submitted to the competent South African courts
having the requisite jurisdiction to hear the matter.
20.2 Subject to the dispute resolution provisions above, to the extent necessary
and/or possible, you consent to the non-exclusive jurisdiction of the High
Court in Gauteng or an alternative appropriate South African court seized
with appropriate jurisdiction in all disputes arising out of the Terms, our
Services, and/or related agreements incorporated by reference.
Clause 21 Severance
21.1 If any of these terms are deemed invalid or unenforceable for any reason
(including, but not limited to the exclusions and limitations set out above),
then the invalid or unenforceable provision will be severed from these Terms
and the remaining terms will continue to apply. Failure by us to enforce any
of the provisions set out in these Terms and/or any other agreement, or
failure to exercise any option to terminate, shall not be construed as a waiver
of such provisions and shall not affect the validity of these Terms or of any
agreement or any part thereof, or the right thereafter to enforce each and
every provision.
Clause 22 Domicilium Citandi Et Executandi and Contact Information
22.1 The User and Pixelgrid.co.za choose as their respective domicilium citandi et
executandi for the purpose of legal proceedings and for the purpose of giving
or sending any notice provided for or necessary of these Terms, the following:
22.1.1 Pixelgrid Pty Ltd: Unit 13, Kleinbegin complex, 3 le Roux street, Salieshoek,
Pretoria, 0184. Email: adriaan@pixelgrid.co.za.
22.1.2 User: The address as provided when registering on the Website.
22.2 Both the User and Pixelgrid.co.za may change its domicilium to any other
physical address or email address by written notice to the other to that effect.
Such change of address will be effective 7 (Seven) days after receipt of notice
of change of domicilium.
22.3 All notices to be given in terms of these Terms will:
22.3.1 be given in writing;
22.3.2 be delivered or sent by email; and
22.3.3 be presumed to have been received on the date of delivery.