Terms & Conditions

LEGAL NOTICE.

This site is subject to the terms and conditions set out herein. By accessing and using the Website, the User agrees to be bound by the Terms set out in this legal notice. If the User does not wish to be bound by these Terms, the User may not access, display, use, download, post, copy or distribute Content obtained at the Website.

 

  • Terms and Conditions

These Terms (“Terms”) govern your (“User”) use of LA Living Interior t/a L A Desgnz’s (“Provider”) website located at the domain name www.peopleofmidrand.co.za (“ Website”).The content on this website is presented largely for information purposes only and nothing contained in this website is intended to be instructional or constitute advice of any kind unless this is clearly stated. Where advice is given (including advice provided during online communications) please do not place complete reliance on such advice but verify this for yourself and we cannot guarantee that such advice is or will be useful, correct or will work for you. Advice given by third parties on this website is not to be attributable the Provider in any way.

  1. Updating of these Terms

The Provider may change, modify, add to or remove from portions or the whole of these Terms. Changes to these Terms will become effective when the changes are posted to this Website. Provider will notify the User of the changes via email or by posting a prominent notice on the Website. The User’s continued use of this Website following the posting of changes or updates will be considered notice of the User’s acceptance of these Terms, including any changes or updates.

3       Supplier of goods or services details

In accordance with the disclosure requirements of the Electronic Communications and Transactions Act (“ECTA”), 25 of 2005, the supplier of goods or services offered for sale, hire or exchange by way of an electronic transaction, makes the following information available to consumers:

3.1   Details

Supplier is:

  • LA Living Interior t/a L A Designz , a close corporation duly registered and existing under the laws of South Africa registration number: 2010/175375/23, with place of registration is 2nd Floor KH Centre, 314 Grey Street, Durban, 4001 where the Supplier will accept legal service of any notices etc.

3.2    Supplier’s website is www.peopleofmidrand.co.za, its email address is info@peopleofmidrand.co.za and its url is www.peopleofmidrand.co.za.

 

 

  1. Object

The object of the Supplier’s website is a community based website to serve the community of Midrand and to promote businesses to the community.

5        Terms of download

5.1   Services offered through this website by Supplier are strictly on an “as is” basis.

5.2    The Suppliers does not endorse, is not responsible or liable for any User Generated Content even though it may be unlawful, harmful, harassing, libelous, privacy invading, abusive, threatening, vulgar, obscene, contain nudity or otherwise objectionable or may infringe the intellectual property or any other rights of another

6        Payment

Banking details for payment will be provided only upon confirmed advertising or website or branding or social media agreements signed by the supplier and client.

7      Complaints and disputes

Provider offers Users to file complaints via the “Contact us” service of the website is www.peopleofmidrand.co.za. Currently Supplier does not subscribe to any alternative dispute resolution code or mechanism.

8       Copyright and Intellectual Property Rights

8.1    Provider provides certain information on the Website. Content displayed at the Website is provided by Provider, its affiliates or subsidiary, or any other third party owners of the content (“Content”). All the proprietary works, and the compilation of the proprietary works, belong to the Provider, its affiliates or subsidiary, or any third party owners of the rights (“Owners”), and the Content is protected by South African and international copyright laws.

8.2    The Providers may make any changes to the Website, the Content, or to products or services offered through the Website at any times and without notice to the User. All rights in and to the Content is reserved and retained by the Owners. Except as specified in these Terms, the User is not granted a license or any other right including under Copyright, Trademark, Patent or other Intellectual Property Rights in or to the Content.

9       Limited License to General Users

9.1    Provider grants the User, a non-exclusive, non-transferable, limited and revocable (reversible) right to access, display, use, download and otherwise copy the current and future Content for personal, non-commercial and information purposes only.

9.2    This Website and the Content may not be reproduced or otherwise exploited for any commercial purpose without the express prior written consent of Provider.

9.3    The license does not allow the User to collect product or service listings, descriptions or other information displayed here, and does not allow any derivative (copied or derived) use of this Website or the Content for the benefit of another merchant. The User may not frame the Website or the Content without the express written consent of Provider.

9.4    Provider and the Owners and Users do/may not offer products or services to minors. If you are under the age of 18, you may not act upon any offers on the Website.

9.5    The owners will not post any unlawful, harmful, harassing, libelous, privacy invading, abusive, threatening, vulgar, obscene, nudity or otherwise objectionable, or posts that my may infringe the intellectual property or any other rights of another;

9.5    Provider and the Owners, their affiliates or subsidiary reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

9.6     Any unauthorised use terminates this license.

10      Limited License to Registered Users

10.1  Provider allows and processes the registration of certain corporate users (“Registered User”) at the Website.

10.2  Subject to these Terms, a non-exclusive, non-transferable, limited and revocable right is granted to Registered Users to access and for the purposes agreed to by the Registered User and Provider in their respective agreements.

10.3 This Website and the Content may only be:

  • visited; or
  • otherwise exploited,

for the specific purposes set out in this agreement.

10.4  The license does not allow the Registered User to collect product or service listings, descriptions or other information displayed here. It also does not allow any derivative use of this Website or the Content for the benefit of another merchant.

10.5 The Registered User may not frame the Website or the Content without the express written consent of Provider.

10.6 Provider and the Owners, their affiliates or subsidiary reserve the right in their sole discretion to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

10.7   Any unauthorised use terminates this license.

10.8  All terms and conditions that are applicable to Users in this agreement is also applicable to Registered Users.

11     Limitation of liability:

11.1  Subject to sections 43(5) and 43(6) of ECTA, and to the extent permitted by law, the Website and all Content on the Website, are provided on an “as is” basis, and may include inaccuracies or typographical errors and Provider, Owners, suppliers, employees, directors partners, affiliates and agents will not be liable for any damage, or loss or liability of any nature incurred by whoever as a result of any action or omission by them or the Registered Users who post on the website. The Owners make no warranty or representation as to the availability, accuracy or completeness of the Content, or any third-party content accessible on the website or via an Internet link.

11.2 Neither Provider nor any holding company, affiliate or subsidiary of Provider or Owners, will be held responsible for any damage of any kind, related to the use of, or the inability to access or use the Content or the Website or any functionality, or of any linked website to the extent permissible by law.

11.3 The Provider does not take responsibility for the content and/or services or products offered on third party sites or services which may be linked to this website and gives no warranty, guarantee and makes no representation in respect of such linked sites.

11.4 This website of the Suppliers also contains advertisements, advertorials and other promotional content. This may include banners, pop-up windows, buttons, links and advertising sponsorships. Unless specifically otherwise indicated, the Suppliers does not endorse any product whose services are advertised or promoted on this website nor does the Supplier make any representation or give any warranty in regard to the content, accuracy, suitability or fitness for purpose of any material, information or data contained in or linked to any advertisement on this website.

12    Privacy, access to and use of information

12.1  Provider receives various types of information, contents and posts (“Information”) from Users who access the Website, including personal information as detailed in the Promotion of Access to Information Act (“PAIA”), Act 2 of 2000, and as detailed in section 1 of the ECTA (“Personal Information”).

12.2  Provider may electronically collect, store and use Personal Information, including names, contact details, surfing patterns, email, IP address etc. Provider voluntarily subscribes to section 51 of the ECTA and endeavours to treat Personal Information received by Provider accordingly.

12.3   Whenever the User is of the opinion that Provider fails to comply with section 51 of the ECTA, the User will contact the Provider by sending an email to cre*@ladesignz.co.za. The Provider will review the User’s representations made by email and, if within the Provider’s sole and absolute discretion advisable, take corrective action and in any event within 7(seven) working days respond to User informing about corrective actions taken, if any.

12.4   Interception of communications. Despite such undertaking, it is possible for Internet-based communications to be intercepted.

  • Without the use of encryption, the Internet is not a secure medium and privacy cannot be ensured. Internet e-mail is vulnerable to interception and forging.
  • The Owners will not be responsible for any damages you or any third party may suffer as a result of the transmission of confidential or disclosed information that you make to the Owners or Provider through the Internet, or that you expressly or implicitly authorise the Owners to make, or for any errors or any changes made to any transmitted information.

12.5   To ensure acquaintance with and awareness of the privacy measures and policies of the Provider, the User is urged to take care to read and understand the underlying privacy clauses incorporated in these Terms.

13     Privacy – casual surfing

13.1  The User may visit the Website without providing any personal information.

13.2 The User accordingly grants express written permission for the Website servers in such instances collecting the IP address of the User computer, but not the email address or any other distinguishing information.

13.3 This information is aggregated (added up) to measure the number of visits, average time spent at the Website, pages viewed, etc.

13.4 Provider uses this information to determine use of the Website, and to improve Content.

13.5 Provider assumes no obligation to protect this information, and may copy, distribute or otherwise use the information.

14 Privacy – unsolicited information

14.1  If the User posts unsolicited content or other information (“Information”) to the Website and does not indicate otherwise the User grants to the Owners a non-exclusive; royalty-free; perpetual (everlasting);irrevocable (irreversible); and fully sub-licensable, right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Information throughout the world in any media.

14.2  The User grants to the Owners the right to use the name that the User submits in connection with such Information, if they choose. The User warrants:

  • that the User owns or otherwise controls all of the rights to the Information that the User posts;
  • that the Information and contents is accurate and correct; that by the supply of the Information to Provider;
  • the User does not violate this Policy and does not infringe the rights of any person or entity; and
  • that the User indemnifies the Owners for all claims resulting from the receipt by the Provider of the Information the User supplies to it.

14.3  Provider may monitor and edit or remove any Information, where posted to public pages. The Provider takes no responsibility, and assumes no liability for any Information posted by the User or any third party.

15      Privacy-solicited information the User gives to Provider

15.1  Provider requires certain Personal Information necessary to process transactions if the User requires any of Provider’s products or services.

15.2  Provider receives and stores all Information, including Personal Information which the User enters on the Website or gives to Provider, in any other way. The User may choose not to provide certain Personal Information, but that may limit the services or products that the User may wish to obtain from this Provider.

15.3 Provider provides its products and services in conjunction with its affiliates and subsidiaries. In this regard and unless specifically restricted by the User from the license below, the User and when entering into the specific transactions in question expressly grants in writing to the Owners and the Provider a non-exclusive; royalty-free;       perpetual; irrevocable; and fully sub-licensable, right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Information throughout the world in any media.

15.4  The User’s Information that is required by affiliates and subsidiaries to give effect to transactions that the User choose to enter into, is shared with those entities.

16      Privacy – promotional information

Provider aspires to provide first-class service to its customers, which requires Provider providing information to the User about new services or special offers. In each instance, the User is provided an opportunity to opt-out of such information circulars. For more information, please

17        Privacy- business transfers

Provider may enter into business arrangements and its customer base is one of the more valued assets. In such an event, customer Information will be one of the transferable assets.

18      Privacy- lawful purposes

When the Provider is served with due legal process requiring the delivery of Personal Information, it has the legal duty to abide by that demand, and will do so. Provider may also impart Personal Information if permitted or required to do so by law.

19     Privacy-surveys and statistical profiles

19.1 Provider understands that efficiency and customer care translates to good service. Provider may periodically conduct online customer care surveys to enable the updating of service standards.

19.2  When it conducts a survey, Provider must inform the User how the information gathered will be used, and provide the User with the opportunity to opt-out from such surveys.

19.3  Despite terms to the contrary, Provider may choose to use Personal Information to compile profiles for statistical purposes and may choose to trade with such profiles and statistical data, as long as the profiles or statistical data cannot be linked to any specific data subject, including the User, by a third party.

20   Privacy- storage

Personal Information will be stored for as long as it is used and for a period of one year, together with a record of the Personal Information and the specific purposes it was collected for. Personal Information will be destroyed once it has become obsolete (out of date or unusable).

21     Privacy- interception

Subject to the Regulation of Interception of Communications Act (“RIC”), Act 70 of 2002, the User agrees that the Provider may intercept, block, read, delete, disclose and use all communications sent or otherwise communicated to the Provider, its employees, directors and agents. User agrees that his or her consent satisfies the requirements of ECTA and RIC for consent in “writing” as defined.

23     Choice of Law

23.1 This Website is controlled, operated and administered by Provider from its offices as set out below within the Republic of South Africa.

23.2 These Terms will be governed by the laws of the Republic of South Africa, and the User consents to the jurisdiction of the Witwatersrand High Court in the event of any dispute.

23.3 If any of the provisions of these Terms are found by a court of competent jurisdiction to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible so as to give effect to the intent of these Terms, and the remainder of these Terms will continue in full force.

23.4 These Terms constitutes the entire agreement between the Provider and the User with regard to the use of the Content and this Website.

24 Contact Details

In the event that you need to contact Provider for purposes related to these Terms and Conditions, please use the following:

In the event that you need to contact Provider for purposes related to these Terms and Conditions, please send an email to us to cre8@ladesignz.co.za

The domain name of this website www.peopleofmidrand.co.za was registered on 16 July 2014 and most recently updated on the 25 April 2016