Loca Design Agency

(further referred to as Loca Design Agency)

WEBSITE TERMS AND CONDITIONS

This document contains the terms and conditions for the use of Loca Design Agency website. By accessing any page on the Loca Design Agency website you agree to the following terms and conditions. In terms of section 11 of the Electronic Communications and Transactions Act 25 of 2002, as amended (“ECTA”) these terms and conditions are binding and enforceable against all persons that access the Loca Design Agency website or any part thereof. If you do not agree with these terms and conditions you must leave the Loca Design Agency website and discontinue your use without delay, as further use will mean that you have accepted these terms and conditions and agree to these terms and conditions.

CUSTOMER PRIVACY POLICY

Loca Design Agency shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.polity.org.za/attachment.php?aa_id=3569.

DEFINITIONS AND INTERPRETATION

  1. “Loca Design Agency website” owned and operated by Loca Design Agency and located at www.locadesign.co.za, or any page, part or element thereof;

  2. “User / you or your” means any person who enters or uses the Loca Design Agency website, notwithstanding the fact that such a person only visits the home page of the Loca Design Agency website;

  3. References herein to the singular include the plural and vice versa and;

  4. Hyperlinks have been used in these terms and conditions. The fact that some or all of the hyperlinks may be non-operational, shall not play a role in the determination of the validity and interpretation of these terms and conditions.

DISCLAIMER

  1. Whilst every reasonable effort has been made by Loca Design Agency, and its suppliers of content and information, to ensure the proper performance, the accuracy of the content, information and images and the reliability of the binary data, Loca Design Agency, its affiliated companies, suppliers, or any of their employees, do not, to the full extent permitted by law, guarantee the availability or accuracy of the services, content, information and/or images offered on the website.

  2. Loca Design Agency makes no representations or warranties, whether express or implied, and assumes no liability or responsibility for the proper performance of the website and the website is used at your own risk.

  3. Loca Design Agency does not warrant that the website will meet your requirements, be uninterrupted, complete, timely, secure or error free.

INDEMNITIES AND LIMITATION OF LIABILITY

  1. Loca Design Agency shall not be liable to you or any third party, in any manner whatsoever, and you indemnify Loca Design Agency accordingly, for any damage, loss liability, costs or expense whether direct, indirect or of a consequential nature that resulted from a breach of these terms and conditions by you or arising out of or in connection with the failure or delay in the performance of the website or your use of the website, other than in respect of losses caused by Loca Design Agency gross negligence or intentional misconduct.

  2. Loca Design Agency shall not be liable to you for any breach of these terms and conditions or failure to perform any obligations as a result of technical problems relating to the Loca Design Agency, termination of any licence to operate or use the Loca Design Agency website, act of God, government control, restrictions or prohibitions or other government act or omission, whether local or national, act of default of any supplier, agent or sub-contractor, industrial disputes or any other cause beyond Loca Design Agency reasonable control.

PERMITTED USE AND LICENSE

  1. You are only permitted and may only use, access, browse, view, amend, download and print the content and details of the online services for lawful and legal purposes.

  2. You warrant that you shall not:

    • use the website for commercial and non-private purposes;

    • use the website to receive or transmit material which is in violation of any law or regulation, which is hate-speech, offensive, obscene, threatening, racist, defamatory, in breach of confidence, or in breach of any intellectual property rights;

    • The caching of the website shall only be allowed if:

    • the purpose of the caching is to make the onward transmission of the content from the online services more efficient;

    • the cached content is not modified in any manner whatsoever;

    • the cached content is updated at least every 12 (twelve) hours; and

    • the cached content is removed or updated when so required by Loca Design Agency.

    • If you use content from the website is in breach of these terms and conditions:

    • Loca Design Agency reserves the right to claim damages from you;

    • Loca Design Agency reserves the right to institute criminal proceedings against you; and

    • Loca Design Agency shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of such content by you or any third party who obtained any content from you.

  3. Hyperlinks from any other source shall be directed at the home page of the Loca Design Agency. Links beyond the Loca Design Agency website home page may only be used with Loca Design Agency prior written consent.

  4. Users may quote small and reasonable amounts of content available from the website only if such content is placed in inverted commas and the source acknowledged.

  5. No person may, without the prior written consent of Loca Design Agency, frame the website in any manner whatsoever.

  6. Apart from bona-fide search engine operators, no person may use or attempt to use any technology or applications (including web crawlers, robots or web spiders) to search, collect or copy content from the website for any purposes, without the prior written consent of Loca Design Agency.

  7. E-mail addresses, names, telephone numbers and fax numbers published on the online services may not be incorporated into any database used for electronic marketing or similar purposes. No permission is given or should be implied that information in/on the website may be used to communicate unsolicited communications to Loca Design Agency and all of Loca Design Agency rights are reserved.

  8. All licenses and/or permissions granted in terms of these terms and conditions are provided on a nonexclusive and non-transferable basis and may be terminated or cancelled by Loca Design Agency at any time without prior notice or reason.

PASSWORD/PIN FOR ACCESS TO ONLINE SERVICES

  1. You agree that you will be responsible for the safekeeping of your password/PIN for access to all online services and you accept all liability in the event that the password/PIN is disclosed to a third party, whether intentional or unintentional. You agree that the disclosure of your password/PIN is done at your own risk.

  2. Furthermore, you acknowledge that you are responsible for ensuring that no unauthorised access to the online services is obtained using your password/PIN, and that you will be liable for all such activities conducted pursuant to such use, whether authorised or not.

  3. You agree that if you disclose your password/PIN to a third party, the third party may have access to your personal, account and billing information and agree that Loca Design Agency shall not be liable in this regard.

INTELLECTUAL PROPERTY RIGHTS

All intellectual property on the Loca Design Agency website, including but not limited to content, trademarks, domain names, patents, design elements, software, source code, meta tags, databases, text, graphics, icons and hyperlinks are the property of or licensed to Loca Design Agency and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights provided to you in these terms and conditions, all of the rights to intellectual property on the Loca Design Agency website are expressly reserved.

SOFTWARE AND EQUIPMENT

It is the responsibility of the User to acquire and maintain, at his/her own expense, the necessary computer hardware, software, communication lines and Internet access accounts required to access the Internet and the website and/or download content from the Loca Design Agency website.

PRIVACY STATEMENT

  1. Loca Design Agency shall take all reasonable steps to protect the personal information of Users and is committed to respecting the privacy of your personal information. For the purpose of these terms and conditions, “personal information” shall be defined as detailed in the Protection of Personal Information Act, 2013.

  2. As and when necessary, Loca Design Agency may electronically collect, store, disclose and/or use the following of your personal information:

    • name and surname;

    • contact numbers;

    • non-personal browsing habits and click patterns through cookies and analytics;

    • e-mail address;

    • IP address;

    • geographical location;

  3. Loca Design Agency collects stores and uses the above-mentioned information in order for Loca Design Agency to:

    • communicate requested information to you;

    • respond to queries, responses or complaints submitted by you;

    • process orders or applications for Loca Design Agency products and/or services;

    • create products or services that may meet your future requirements;

    • provide you with access to restricted pages on the Loca Design Agency website; and

    • compile non-personal statistical information about browsing habits, click-patterns and access to the online services.

  4. Personal information detailed above is collected and/or stored either electronically by the use of “cookies” or is provided voluntarily with your knowledge and consent. You can determine any use of cookies through your browser settings, but note that turning off cookies may cause certain features of the online services or Loca Design Agency website to be unavailable to you. You may visit www.allaboutcookies.org for further information on cookies.

  5. Loca Design Agency may further collect non-personal information, for example, your IP address, the date and time of your visits to the Loca Design Agency website, and browser history, to recognise Loca Design Agency may further use this non-personal information to develop future products and/or services to meet your requirements and needs.

  6. Loca Design Agency owns and retains all rights to non-personal statistical information collected and compiled by Loca Design Agency. As and when necessary, Loca Design Agency may use and/or disclose your personal information collected:

    • in order to comply with legal and regulatory requirements and applicable laws;

    • to either credit grantors and/or credit bureaux and/or banks and/or other financial institutions in order to ascertain information relating to your creditworthiness and for fraud prevention purposes and in order to process any payment transactions where necessary;

    • to attorneys and/or debt collection agencies if you breach any agreements with Loca Design Agency;

    • to Loca Design Agency agents and/or consultants and/or trade partners, but only to the extent necessary and in order to provide Loca Design Agency products and services to you;

    • to consumer research companies for the purposes of conducting research on improving Loca Design Agency products and services;

    • for the purposes of us publishing a directory containing the name, address, details and the applicable mobile phone number of Loca Design Agency subscribers; and

    • for the purposes of Loca Design Agency informing or sending information to you about any new services or products offered by Loca Design and/or by any of Loca Design Agency agents and/or consultants and/or trade partners which we consider may be of interest to you. Loca Design will comply with the direct marketing provisions of the Consumer Protection Act, 68 of 2008 (“CPA”) and the CPA regulations, including the provisions relating to the direct marketing registry.

  7. By using the Loca Design Agency website you understand that Loca Design Agency may, where necessary and where permitted by law, monitor your calls, e-mails or SMS’s for business purposes, including for purposes of quality control, training, marketing and improving the website. Loca Design Agency agrees that it will not disclose any personal information that could be used to identify you.

  8. Loca Design Agency reserves the right to amend this privacy statement if required to do so due to a change in any personal information or privacy laws.

HYPERLINKS TO THIRD PARTY SITES

  1. In the event that the website contain hyperlinks to third party sites not controlled by Loca Design Agency (“target sites”), Loca Design Agency is not responsible for the content of, or the services offered by those sites. The hyperlink(s) are provided solely for your convenience and should not be construed as an express or implied endorsement by Loca Design Agency of the site(s) or the products or services provided therein. You access those sites and use their products and services solely at your own risk Loca Design Agency recommends that you check the policy of the target sites if you have any concerns or questions.

  2. Loca Design Agency shall not be liable, in any manner whatsoever, for any damage, loss liability, costs or expense whether direct, indirect or of a consequential nature that resulted from the use and access to target sites and the content on such target sites. Persons that wish to link to content beyond the home page of the Loca Design Agency website without Loca Design Agency prior written consent shall do so at their own risk and indemnify Loca Design Agency against any loss, liability or damage that may result from the use of content from the Loca Design Agency website, if such content was accessed through a hyperlink not directed at the home page of the Loca Design Agency website. Loca Design Agency non-liability for deep linking is based on the fact that deep links bypass these terms and conditions.

SECURITY

  1. Loca Design Agency shall take all reasonable steps to secure the content of the website and the information provided by and collected from Users from unauthorised access and/or disclosure, however, Loca Design Agency makes no warranties or representations in this regard.

  2. While Loca Design Agency has implemented appropriate and reasonable security technologies and practices, please be aware that internet communications are insecure unless they have been encrypted and/or appropriate security safeguards implemented. Accordingly, Loca Design Agency assumes no responsibility or liability of any nature whatsoever for the interception or loss of personal information beyond Loca Design Agency

DISCLOSURES REQUIRED BY SECTION 43 OF THE ECTA

Access to the services, content, software and downloads available from the website may be classified as “electronic transactions” as defined in terms of ECTA and you therefore may have the rights detailed in ECTA. Accordingly, Loca Design Agency provides the following information:

  • The full name and legal status of the services owner: Loca Design Agency

  • Company Registration Number 2023/105825/07

  • Company Director: Candice Shar

  • Street address: 40 Hugh Dent Road, Salt Rock, 4420

  • Main business: Loca Design Agency;

  • The web site addresses of the Loca Design Agency website is: www.locadesign.co.za;

  • The official e-mail address of the Loca Design Agency website is: candice@locadesign.co.za;

  • Access to and use of the Loca Design Agency website is provided free of charge;

  • Alternative dispute resolution: Subject to urgent and/or interim relief, all disputes regarding access to online services; the inability to access the online services; the services and content available from the website; or these terms and conditions, shall be referred to Loca Design Agency;

  • You may return goods or services as detailed in ECTA, the Consumer Protection Act and Loca Design Agency policies; and

  • Users may lodge complaints concerning the online services with Loca Design Agency at: candice@locadesign.co.za;

CHANGES AND AMENDMENTS

To the extent permitted by law, Loca Design Agency reserves the right, in its sole and absolute discretion, to do any of the following, at any time without prior notice or justification:

  • change these terms and conditions;

  • change the content and/or services available from the website;

  • alter and/or discontinue any aspect of the website; and/or

  • change the software and hardware required to access and use the website.

  • The amended versions of the terms and conditions and website will be displayed in the same media as these terms and conditions. By continuing to use the website, you agree and understand that you will be bound by the amended terms and conditions.