Use of this website
These Terms and Conditions (“the Terms and Conditions”) govern your (“the User”) use of Jackal Design’s (“the Provider”) website located at the domain name www.jackaldesign.co.za (“the Website”). By accessing and using the Website, the User agrees to be bound by the Terms and Conditions set out in this legal notice. The User may not access, display, use, download, and/or otherwise copy or distribute content obtained on the Website for marketing and other purposes without the consent of the Provider. You may not copy, distribute, or sell digital downloads. All downloads are for personal use only. The User may only use this site to browse the content, make legitimate purchases and will not use the Website for any other purposes, including without limitation, to make any speculative, false or fraudulent purchases. The Website and the content provided in the Website may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed. ‘Deep-linking’, ’embedding’ or using analogous technology is strictly prohibited. Unauthorized use of the Website and/or the materials contained on the Website may violate applicable copyright, trademark or other intellectual property laws or other laws.
The User may not misuse this Website. The User may not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the service provided by the Provider on the Website (“the Service”); corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through the Website. Breaching this provision would constitute a criminal offense and the Provider will report any such breach to the relevant law enforcement authorities and disclose the User’s identity to them.
By using the Website or communicating with the Provider by electronic means, the User consents and acknowledges that any and all agreements, notices, disclosures, or any other communication satisfies any legal requirement, including but not limited to the requirement that such communications should be in writing.
Disclaimer of Warranty
The contents of the Website are provided “as is” without warranty of any kind, either expressed or implied, including but not limited to warranties of merchantability, fitness for a purpose, non-infringement, compatibility, security and accuracy.
The Provider, the owner of this site, the authors of these contents and in general anybody connected to the Website in any way, from now on collectively called “Providers”, further do not warrant, guarantee or make any representation regarding the safety, reliability, accuracy, correctness or completeness of these contents. The Providers will not be liable for any direct, indirect, general, special, incidental or consequential damages (including -without limitation- data loss, lost revenues and lost profit) which may result from the inability to use or the correct or incorrect use, abuse, or misuse of these contents, even if the Providers have been informed of the possibilities of such damages. The Providers cannot assume any obligation or responsibility.
The Provider will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to the User’s use of this Website or due to the User’s downloading of any material posted on it, or on any website linked to it.
The use of these contents is forbidden in those places where the law does not allow this disclaimer to take full effect.
The User acknowledges and agrees that the sole remedy for dissatisfaction with the Website shall be to stop using the Website and/or terminate their account.
Colours may vary between online viewing and your actual printed product. Our products are all instant downloads and will be available immediately after purchase.
The User hereby agrees to defend, indemnify, and hold harmless the Provider, its staff and its members, affiliates, partners and distributors from and against any and all claims, liabilities, causes of action, damages, losses, and expenses, including, without limitation, reasonable legal and expert fees, arising out of or in any way connected with their access to or use of the Website, any actions or activities in connection with the Website, any actions or activities in connection with their account, the violation of these terms, or the violation of any of the Terms and Conditions, or the violation of any other terms and conditions of any other agreements or terms to which the User is bound with the Provider. The User agrees that the Provider may at any time, and without notice, suspend or terminate the User’s access to the Website if the User fails to comply with the Terms and Conditions or any applicable law.
The Provider reserves the right to:
- modify or withdraw, temporarily or permanently, the Website (or any part of) with or without notice to the User and the User confirms that the Provider will not be liable to the User or any third party for any modification to or withdrawal of the Website; and/or
- change these Terms and Conditions from time to time, and the User’s continued use of the Website (or any part of) following such change will be deemed to be your acceptance of such change. It is the User’s responsibility to check regularly to determine whether the Terms and Conditions have been changed. If the User does not agree to any change to the Terms and Conditions then the User must immediately stop using the Website.
- use their reasonable endeavours to maintain the Website. The Website is subject to change from time to time. The User will not be eligible for any compensation because the User cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website due to circumstances beyond the Provider’s control.
Disclaimer as to ownership of trade marks, images of personalities and third party copyright
Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with the Provider and the User should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to the Provider.
We do not take credit for any original characters such as Barbie, Mickey or Minnie Mouse. Our designs are inspired by the original creations.
Branding on Products
The Provider reserves the right to include branding and or web address details on any or all products. This branding may not necessarily be displayed in the images published on the Website. The User acknowledges that the images on the Website may not be 100% accurate representations of the final product.
All payments are handled by PayFast, the details of which will be provided after checkout. You have the option to pay with credit or debit card or via Instant EFT.
Credit Card Acquiring – Payment Gateway
Credit Card Transactions are acquired by PayFast, who is registered with the Payments Association of South Africa (PASA) as an operator involved in “payments to third persons” as required by the South African Reserve Bank (SARB). They make use of 3D Secure to further enhance the security of credit card transactions on PayFast for all high value transactions and all money transactions are secured using Secure Socket Layer (SSL) technology with high security 256 bit encryption.
Merchant Outlet Country and Transaction Currency
The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction Currency is South African Rand (ZAR).
Return and Refunds policy
There are no refunds or cancellations on digital orders. It remains the responsibility of the User to make sure that the correct products are chosen and downloaded.
The Provider has the right, but not the obligation, to monitor any activity and content associated with the Website. The Provider may investigate any reported violation of these Terms and Conditions or complaints and take any action that they deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to the User’s access and/or removing any materials from the Website).
Country of domicile
The Terms and Conditions will be exclusively governed by and construed in accordance with the laws of South Africa whose Courts will have exclusive jurisdiction in any dispute, save that the Provider has the right, at their sole discretion, to commence and pursue proceedings in alternative jurisdictions.
The User understands that all the designs and trademarks are registered to the Provider and hereby accepts the Terms and Conditions. The User undertakes not to copy/duplicate the trademarks and designs directly or indirectly in anyway and understands the legal implications thereof. Should the User be found to be in violation of the Terms and Conditions, the User will be held liable for all legal costs incurred by the Provider for any civil action or any legal action deemed necessary against the User.
The Provider takes responsibility for all aspects relating to the transaction including sale of goods and services sold on the Website, customer service and support, dispute resolution and delivery of goods.
Custom Theme Requests
Custom themes remain the property of Jackal Design and will be added to the website for resale. The User receives a single license to use the created theme.