Legal notice

DISCLAIMER

Your utilisation of the Website is undertaken entirely at your own risk, and you shall bear sole responsibility for any loss or risk arising from such utilisation or reliance on the information provided on the Website.

Whilst we endeavour to ensure the accuracy and completeness of the content on the Website, we provide no guarantee as to its quality, timeliness, operation, integrity, availability, or functionality.

We hereby disclaim any liability for any direct, indirect, or consequential damage, loss, or liability arising from your access or use of the Website and its content, unless otherwise mandated by applicable law.

The Website and all information provided therein are provided "as is" without any warranty, whether express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as permissible under law.

Any views or statements presented on the Website shall not necessarily reflect our views or statements.

We make no warranty or representation, whether express or implied, that the information or files available on the Website are free from viruses or any other harmful data or code that may disrupt, disable, or compromise the operation, stability, security, functionality, or content of your computer system or network unless arising from our gross negligence or wilful misconduct.

LIMITATION OF LIABILITY

Keepsake Creative shall not assume any liability for any direct, indirect, incidental, special, or consequential damages resulting from your use of the Website, inability to use the Website, or any unlawful activity on the Website or linked third-party websites.

By using the Website, you agree to indemnify and hold Keepsake Creative harmless against any loss, claim, or damage arising from your use of the Website or any linked third-party websites.

PRIVACY POLICY SUMMARY

Our Privacy Policy outlines how our website safeguards the privacy of its users in compliance with applicable data protection laws.

Collection and Processing of Personal Information:

We will only collect, and process personal information provided by users for specified purposes such as order processing, customer inquiries, enhancing user experience, and legal compliance.

Third-Party Disclosure:

We will not disclose or sell users' personal information to any third parties without explicit consent, except as required by law or to fulfil contractual obligations.

Security Measures:

We implement appropriate security measures to protect users' personal information from unauthorized access, alteration, or disclosure.

User Rights

Users have the right to access, correct, or delete their personal information held by our website. These rights can be exercised by contacting our designated data protection officer via email, orders@keepsakecreative.co.za.

Use of Cookies:

Our website may use cookies or similar technologies to improve user experience. Users can manage or disable cookies through their browser settings.

Consent:

By using our website, users acknowledge and consent to the collection, processing, and storage of their personal information as described in this Privacy Policy. Please refer to our website header for the complete Privacy Policy.

FORCE MAJEURE

If either Party is prevented or restricted directly or indirectly from carrying out all or any of its obligations under this Agreement because of the strike, lock-out, fire, explosion, floods, riot, war, accident, act of God, embargo, legislation, shortage of or a breakdown in transportation facilities, civil commotion, unrest or disturbances, cessation of labour, government interference or control, or any other cause or contingency beyond the control of that Party, the Party so affected shall be relieved of its obligations hereunder during the period that such event and its consequences continue but only to the extent so prevented and shall not be liable for any delay or failure in the performance of any obligations hereunder or loss or damages either general, special or consequential which the other Party may suffer due to or resulting from such delay or failure, provided always that written notice shall forthwith be given of any such inability to perform by the affected Party.

Any Party invoking force majeure shall, upon the termination of such event giving rise thereto, forthwith give written notice thereof to the other Party. Should such force majeure continue for more than 90 days then the Party who shall not have invoked the force majeure shall be entitled forthwith to cancel this Agreement in respect of any obligations still to be performed hereunder.

GOVERNING LAW

These terms and conditions shall be governed and interpreted by the laws of the Republic of South Africa including but not limited to:
Electronic Communications and Transactions Act (ECTA) 2002
Consumer Protection Act (CPA) 2008
Companies Act 2008
National Credit Act 2005
Consumer Protection Regulations (CPRs)
Protection of Personal Information Act (POPIA) 2013

ARBITRATION

Any disputes arising from or related to this agreement shall be resolved through arbitration. The Rules of the Arbitration Foundation of Southern Africa will govern the arbitration process, with the arbitrator(s) appointed by the Foundation.

SEVERABILITY

If any clause or term of this Agreement is deemed invalid, unenforceable, or illegal by a court of competent jurisdiction, the remaining terms and provisions of this Agreement shall remain in full force and effect, unless the invalidity, unenforceability, or illegality fundamentally affects the essence of this Agreement.

DOMICILIUM AND NOTICES

Correspondence between the parties shall be sent to the following addresses:
Keepsake Creative

Coral Grove, 100 Rocky Close

Milnerton, Cape Town, 7441    

South Africa
Notices shall be considered received under the following conditions:
If delivered in person during the recipient's regular business hours at their address, the notice is presumed received at the time of delivery, unless evidence to the contrary is provided.
If sent via email to the recipient's provided email address, the notice is presumed received on the same day as sending, unless evidence to the contrary is provided.
Regardless of any clauses stated, a written notice or communication received by a party shall be considered sufficient even if it was not sent or delivered to their chosen address.

GENERAL

This Agreement represents the entire understanding between the parties, superseding any prior agreements or representations, whether written, oral, or implied.
Neither party is bound by any terms, representations, or promises that are not explicitly recorded in this Agreement. Written documentation excludes data messages as defined in the ECTA, and "signed" refers to a handwritten signature without electronic intervention.
No changes or cancellations of this Agreement (including this clause) shall be valid unless in writing and signed by or on behalf of both parties. "In writing" excludes data messages as defined in the ECTA, and "signed" refers to a handwritten signature without electronic intervention.
No leniency or tolerance granted by either party shall be considered a waiver of any rights, and the granting party retains the right to enforce any rights against the other party, past or future.
This Agreement does not create a partnership, joint venture, agency, or employment relationship between the parties. Neither party has the authority to bind the other or create liabilities on their behalf.