END USER AGREEMENT

PLEASE READ THIS END-USER AGREEMENT CAREFULLY.

BY USING THE PRINTBOX KIOSK (THE “KIOSK”) AND THE SERVICE OFFERED BY IT (THE “SERVICE”), YOU (THE “USER”) ARE INDICATING YOUR ACCEPTANCE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS END-USER AGREEMENT

  1. GENERAL

1.1 This end-user agreement may be changed without notice. Your continued use of this Kiosk after any such changes constitutes your acceptance of the new end-user agreement and its terms and conditions.

1.2 This end-user agreement applies exclusively to your access to, and use of, this Printbox Kiosk and does not alter in any way, the terms or conditions of any other agreement you may have with Page Automation (Pty) Ltd (“Page Automation) for services or otherwise.

1.3 The headings of the clauses in the conditions is provided for convenience and ease of reference only and will not be used to interpret, modify or amplify the terms of the conditions.

1.4 No failure or delay by Page Automation to exercise any of its rights will be construed as a waiver of any such right, whether this is done expressly or implied, nor will it affect the validity of any part of this end-user agreement or prejudice our right to take subsequent action to protect such rights.

1.5 Page Automation cannot screen or edit all the content available from the Printbox Kiosk and does not accept any liability for illegal, defamatory or obscene content. Users are encouraged to inform Page Automation of any content that may be offensive or illegal.

  1. PRIVACY POLICY

Page Automation believes strongly in protecting user privacy. Therefore, we have put together and follow a policy that respects and addresses the User’s needs.

  1. INTELLECTUAL PROPERTY RIGHTS

All the content, trademarks and data on this Kiosk, including but not limited to, software, text, graphics, icons, private information and designs are the property of, or are licensed to Page Automation and as such are protected from infringement by local and international legislation and treaties.

  1. REGISTRATION OF USER

4.1 In order to gain the full functionality of the kiosk users are required to register on the kiosk or website (www.printboxsa.co.za) in order to log onto the Printbox system on the Kiosk.  In order to register on the kiosk or website, the User must provide a valid email address and a password will be send to you via that email address.

4.2 Upon registration on the kiosk or website, the User will receive a PIN code by way of email in order to log onto the Printbox system on the Kiosk.

4.3 Users, once registered, can log into their user account on the website or at any linked Printbox Kiosk.

  1. USER CONDUCT

5.1 In using this Kiosk, and any of the services it offers, you agree:

5.1.1 Not to use the Kiosk in such a way that is in violation of any applicable law or regulation;

5.1.2 Not to disrupt or interfere with the security of, or otherwise abuse, the Kiosk, or any services, system resources, accounts, servers or networks connected to or accessible through the Kiosk or affiliated or linked Kiosks;

5.1.3 Not to violate, or attempt to violate the security of Page Automation and/or the holder of the Intellectual Property. Violations of system or network security may result in civil or criminal liability. Page Automation will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

5.1.4 Not to upload, post or otherwise transmit through or on this Kiosk any viruses or other harmful, disruptive or destructive files;

5.1.5 Not to transmit through or on this Kiosk spam, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings;

5.2 In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted under your account (if applicable), and that you will comply with all applicable local, national and international laws and regulations in this regard.

  1. INDEMNIFICATION

You shall remain solely liable for the content of any messages or other information you upload or transmit through the Printbox system. The User agrees to indemnify and hold harmless Page Automation and/or the holder of the Intellectual Property from any claim, action, demand, loss or damages (including attorneys’ fees) made or incurred by any third party arising out of or relating to your conduct, your violation of this end-user agreement, or your violation of any rights of a third party.

  1. SUBMISSIONS

You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of email or submissions to Page Automation, are non-confidential.

  1. EMAIL DISCLAIMER

8.1 The information in all e-mail messages (document and attachments) sent by an employee / electronic agent/ member / affiliate / subsidiary of Page Automation is confidential and may be legally privileged. The information transmitted is intended only for the person(s) or entity to which it is addressed. If you are not the intended recipient(s), please notify the sender immediately and then delete this email (document and attachments). Do not disclose the contents of this email (document and attachments) to any other person, nor make any copies thereof.

8.2 Internet communications cannot be guaranteed to be secure or error-free. Neither Page Automation nor the sender accepts liability for any errors or omissions in the contents of messages which arise as a result of email transmission. If verification is required, please request a hard copy version. Also take note that email can possibly contain viruses and that the recipient is responsible for checking and deleting viruses. In no event will Page Automation or the sender be liable to anyone for any indirect, special, consequential or direct damages arising from the transmission of email messages, the opening of email messages and their attachments, or any use thereof whatsoever.

8.3 No employee is authorised to conclude a binding agreement on behalf of Page Automation by email without the express written confirmation of a director of Page Automation. Nothing contained in said email shall be construed as a legally binding agreement or an offer to contract.

  1. FUNDS

9.1 By registering with Page Automation, you appoint Page Automation or their nominated payment partner as your agent to process payments on your behalf in accordance with your instructions, subject to the terms and restrictions of this Agreement.

9.2 You acknowledge that (i) Page Automation or their nominated payment partner is not a bank and the Service you are provided with is a payment processing service rather than a banking service, and (ii) Page Automation or their nominated payment partner is not acting as a trustee, fiduciary or escrow with respect to your funds, but is acting only as an agent and custodian.

9.3 Page Automation or their nominated payment partner reserves the right to hold funds beyond the normal distribution periods for transactions it deems suspicious or for accounts conducting high transaction volumes to ensure integrity of the funds.

9.4 Page Automation or their nominated payment partner shall not be responsible for payments made to unintended Recipients or for payments made in incorrect amounts due to the input of incorrect information by Users.

9.5 Page Automation or their nominated payment partner shall not be obligated to pay a User for any Payments for which Page Automation or their nominated payment partner has not been fully paid by the Sender’s credit card issuer or bank, as applicable.

 

10.PURCHASING CREDIT

10.1 In order to purchase credit to use the Printbox service, registered Users may purchase non-redeemable credit by way of cash payments made at any Printbox Kiosk. Users must note that no change is given by the Printbox Kiosk.

10.2 Page Automation facilitates credit card payments for registered Users through the purchase of non-redeemable credits from the Printbox website (www.printboxsa.co.za) which is in turn redeemed to a User (receiver) through the Printbox system against a purchase of services.

10.3 Printbox credits are valid for a period of 1 (one) year from date of purchase and are not refundable.

10.5 Page Automation is entitled to, at any time, to remove credit on the User’s Printbox account which credit is deemed, or shown to be, the result of a fraudulent transaction.

10.6 You acknowledge that payment gateways are supplied by third parties and not Page Automation.

10.7 Claims relating to purchasing Printbox credits shall be processed individually by Page Automation.  Users may lodge their claims by writing to info@printboxsa.co.za or by calling 011 574 3000 (available weekdays between 08h00 and 17h00).

  1. IMPOSED LIMITS AND DELAYS

11.1 Page Automation reserves the right to delay the uploading of credit in the system where necessary due to technical reasons and in such circumstances the delay will be noted on the Kiosk.

11.2 Page Automation reserves the right to freeze or suspend any account in the system for an indefinite period if there is suspicion of any illegal activity taking place or for any other reason whatsoever.

  1. PROHIBITED TRANSACTIONS

12.1 You agree that you will only use the Service which is provided by the Printbox Kiosk.

12.2 You will not use the Service, the Printbox Kiosk or any of the services offered therein for any unlawful, fraudulent, improper or malicious activity. If Page Automation has reason to believe that you may be engaging in or have engaged in any unlawful, fraudulent, improper or malicious activity, including without limitation any violation of any terms and conditions of this Agreement, your access to the Service may be suspended or terminated.

12.3 You will cooperate fully with Page Automation to investigate any suspected unlawful, fraudulent or improper activity.

12.4 You agree not to impersonate a Page Automation User or Page Automation representative, or to request that a Printbox customer provide you with their password or other information to access their account.

  1. NO SURCHARGES

Page Automation agrees that it will not impose a surcharge or any other fee in using the Service provided by Page Automation for the acceptance of funds through the acceptance of credit cards. Service may not be higher than the handling fee for transactions paid through other payment methods).

  1. DEPOSITS AND BALANCES

14.1 You acknowledge that Page Automation does not hold a deposit-taking license (a banking license) and cannot hold funds on your behalf.

  1. SECURITY

15.1 Page Automation makes every effort to ensure the security and integrity of your User account and information, and we make use of sophisticated custom developed systems to accomplish this.

15.2 You understand that security still relies heavily on the use of a username and password and the User undertakes to contact Page Automation if you believe your username and password have been compromised in any manner.

15.3 Page Automation is unable to guarantee that data transmitted and is secure and/or will not be intercepted by third parties.

15.4 Phishing is a form of fraud where criminals attempt to access your confidential information. This is done by an email request for information, by luring you to a fake website or some other such means. In any case of phishing, Page Automation will respond as quickly as possible to alert users to the threat or to mitigate the threat. No guarantee is given as to this action however, and Page Automation will not be held liable for any funds lost as a result of a User falling prey to a phishing attack. It is the responsibility of the User to be aware of such potential threats, to avoid them and to report them to Page Automation upon discovery.

15.5 Page Automation reserves the right to implement any security measures deemed appropriate to lower or negate fraudulent transactions, which may result in certain payments a User (as a receiver), or from a User (as a sender), being disallowed.

  1. FEES

You understand that Page Automation will charge fees for the use of any of the services it provides. These fees/prices are available on the Kiosk and may change from time to time. Your acceptance of this agreement indicates your acceptance of these fees and any change to these fees which may occur now or in the future.

  1. DISCLAIMER OF WARRANTIES

17.1 YOU UNDERSTAND AND AGREE THAT THIS KIOSK AND THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE THROUGH IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU EXPRESSLY AGREE THAT USE OF THIS KIOSK IS AT YOUR SOLE RISK.

17.2 TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PAGE AUTOMATION AND ITS AFFILIATES DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN INFORMATION PROVIDED BY PAGE AUTOMATION OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, MERCHANTS, SPONSORS, LICENSORS OR THE LIKE SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE.

17.3 YOU EXPRESSLY AGREE THAT USE OF THIS KIOSK, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS KIOSK, IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS OR YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, DATA AND/OR SOFTWARE.

17.4 YOU ACKNOWLEDGE THAT PAGE AUTOMATION DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES ON OR THROUGH THIS KIOSK, EXCEPT AS OTHERWISE AGREED IN WRITING, PAGE AUTOMATION AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THIS KIOSK.

17.5 PAGE AUTOMATION DOES NOT MAKE ANY WARRANTY THAT THIS KIOSK OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT THE KIOSK OR CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. PAGE AUTOMATION DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS KIOSK OR INFORMATION PROVIDED BY PAGE AUTOMATION VIA EMAIL OR OTHER MEANS, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. NOR DOES PAGE AUTOMATION MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF PAGE AUTOMATION OR ITS CONTENT OR AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH USE OF THE KIOSK.

17.6 PAGE AUTOMATION ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY A USER, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA FROM DELAYS, NON-DELIVERIES OF CONTENT OR EMAIL, ERRORS, SYSTEM DOWN TIME, MIS-DELIVERIES OF CONTENT OR EMAIL, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION OR SERVICE INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF PAGE AUTOMATION, ITS AFFILIATES, ITS LICENSORS OR A USER’S OWN ERRORS AND/OR OMISSIONS.

17.7 PAGE AUTOMATION DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THIS KIOSK WILL BE MAINTAINED.

17.8 ALL THE INFORMATION APPEARING ON THIS KIOSK IS PROVIDED WITHOUT A REPRESENTATION OR WARRANTY WHATSOEVER, WHETHER EXPRESSED OR IMPLIED, AND PAGE AUTOMATION   DISCLAIMS ANY LIABILITY TO THE USER IN THIS REGARD.

  1. LIMITATION OF LIABILITY

18.1.1 Page Automation has taken all reasonable steps, to ensure the accuracy and completeness of the content shown on this Kiosk, to ensure that the user does not suffer any loss or damages as a result of the use of this Kiosk.

18.2 UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION NEGLIGENCE, SHALL PAGE AUTOMATION OR ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING, OR DISTRIBUTING PRINTBOX  OR RELATED SERVICES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OR INABILITY TO USE PAGE AUTOMATION OR ANY CONTENT PROVIDED BY OR THROUGH THIS KIOSK, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, USE, DATA OR OTHER INTANGIBLES.

18.3 PAGE AUTOMATION SHALL HAVE NO LIABILITY TO YOU IN CONNECTION WITH ANY ACTIONS OR TRANSACTIONS BY AN INDIVIDUAL THAT USES YOUR USER NAME AND PASSWORD WITH YOUR CONSENT OR KNOWLEDGE OR ANY CAUSE OVER WHICH PAGE AUTOMATION DOES NOT HAVE DIRECT CONTROL, INCLUDING, BUT NOT LIMITED TO, PROBLEMS ATTRIBUTABLE TO COMPUTER HARDWARE OR SOFTWARE (INCLUDING COMPUTER VIRUSES), TELEPHONES (OR OTHER COMMUNICATIONS EQUIPMENT), OR INTERNET SERVICE PROVIDERS.

18.4 PAGE AUTOMATION SHALL HAVE NO LIABILITY TO YOU IN CONNECTION WITH ANY PRODUCT, SERVICE OR OTHERWISE, AS A RESULT OF THE USE OF THIS KIOSK. IT IS EXPRESSLY UNDERSTOOD THAT THE USER IS AWARE THAT PAGE AUTOMATION PROVIDES A PRINTING, SCANNING EMAILING SERVICE AND CLOUD SERVICES, AND ACCEPTS NO RESPONSIBILITY FOR THE QUALITY, RELIABILITY, SAFETY, FUNCTION, SUITABILITY OR OTHERWISE, OF A SERVICE USED, OR OTHERWISE, AS A RESULT OF THE USE OF THIS KIOSK.

18.5 Page Automation shall not be liable for any fraud, deception or misrepresentations by Users of the Service in any capacity whatsoever.

18.6 In no event shall Page Automation be liable for any act or omission of any third party (such as, for example, any provider of telecommunications services, internet access or computer equipment or software) or for any circumstances beyond the control of Page Automation (such as, for example, a fire, flood, or other natural disaster, war, riot, strike, act of civil or military authority, equipment failure, computer virus, or failure or interruption of electrical, telecommunications or other utility services).

  1. USER’S LIABILITY TO PAGE AUTOMATION

In the event that Page Automation takes action against you for breach of these terms of use, you agree to reimburse Page Automation for all legal costs, including tracing fees and collection commission, on a scale as between attorney and own client.

  1. APPLICABLE LAW

The terms and conditions pertaining to any products or services appearing on this Kiosk or pages shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Use of the service offered on this Kiosk or pages will constitute the users consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of the terms and conditions pertaining to this Kiosk or such products or services.

  1. TERMINATION

Notwithstanding any of these terms and conditions, Page Automation reserves the right, without notice and in its sole discretion, to terminate your account to use this Kiosk, and to block or prevent future access to and use of this Kiosk.

  1. SEVERABILITY

If any provision of this end user agreement is held to be invalid, void or for any reason unenforceable, then that provision shall be deemed severable from this end user agreement and shall not affect the validity and enforceability of any remaining provisions.

  1. DOMICILIUM

Page Automation chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature: 11 Enterprise Road, Linbro Office Park, Johannesburg, South Africa.

  1. TERMS

24.1 The terms “The User” and “You” are used interchangeably and refer to all individuals and/or entities accessing this Kiosk for any reason.

24.2 The terms “we” and “Page Automation” are used interchangeably and refer to Page Automation itself and all individuals and/or entities acting directly on behalf of Page Automation.

 

WEBSITE TERMS AND CONDITIONS

IMPORTANT LEGAL NOTICE

ATTENTION: THIS AGREEMENT APPLIES TO THE ENTIRE CONTENTS OF THIS WEBSITE UNDER THE DOMAIN NAME WWW.PRINTBOXSA.CO.ZA (“WEBSITE”) AND TO ANY CORRESPONDENCE BY E-MAIL BETWEEN YOU AND US (“AGREEMENT”). PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE, WHETHER AS A GUEST OR A REGISTERED USER. USING THIS WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS AND AGREE TO ABIDE BY THEM REGARDLESS OF WHETHER OR NOT YOU CHOOSE TO REGISTER WITH US, USE ANY OF OUR SERVICES OR ORDER ANY GOODS. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEBSITE. THIS NOTICE IS ISSUED BY PAGE AUTOMATION (PTY) LTD (“THE COMPANY”, “WE” AND ITS DERIVATIVES).

1    Introduction and Information about us

1.1 www.printbox.co.za is a website operated by the Company. We are a limited company. We are registered in accordance with the company laws of the Republic of South Africa with registration number 1999/000358/07, having registered address at 11 Enterprise Road, Linbro Office Park, Johannesburg, South Africa.

1.2    Any agreement between you and the Company (if applicable to you) relating to the supply of goods or services by the Company to you (“End User Agreement”) shall, in the event of the terms of the End User Agreement being inconsistent with this Agreement, take precedence over this Agreement.

1.3    Access to our Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our Website without notice (see below). We will not be liable if for any reason our Website is unavailable at any time or for any period.

1.4    You will be able to access most areas of this Website without registering your details with us. Certain areas of this Website are only open to you if you register.

1.5    By accessing any part of this Website, you shall be deemed to have accepted this Agreement in full. If you do not accept this Agreement in full, you must leave this Website immediately.

1.6    The Company may revise this Agreement at any time by updating this posting. You should check this Website from time to time to review the then current Agreement, because it is binding on you. Certain provisions of this Agreement may be superseded by expressly designated legal notices, agreements or terms located on particular pages at this Website.

1.7    When using our Website, you must comply with the content standards set out in this Agreement.

2    Licence & Copyright

2.1    You may not copy, reproduce, republish, download, post, broadcast, transmit or otherwise use the Website content or information in any way. Any use of the Website content requires the prior written permission of the Company.

2.2    Unless otherwise stated, the copyright and other intellectual property rights in the Website and in all material published on this Website (including without limitation photographs and graphical images) are owned by the Company or its licensors. Those works are protected by copyright laws and treaties around the world.  All such rights are reserved. For the purposes of this Agreement, any use of extracts from this Website other than in accordance with paragraph 2.1 above for any purpose are prohibited. If you breach any of the terms in this Agreement, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.

2.3    No part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without the Company’s prior written permission.

2.4    Any rights not expressly granted in these terms are reserved.

3    Service access

3.1    While the Company endeavours to ensure that this Website is normally available 24 hours a day, the Company will not be liable if for any reason this Website is unavailable at any time or for any period.

3.2    Access to this Website may be suspended temporarily or closed indefinitely and without notice in the case of system failure, maintenance, update or repair or for reasons beyond the Company’s control.

4    Visitor material and conduct

4.1    Other than personally identifiable information, which is covered under the PRIVACY POLICY, any material you transmit or post to this Website will be considered non-confidential and non-proprietary. The Company will have no obligations with respect to such material. The Company and its designees will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our Website constitutes a violation of their intellectual property rights, or of their right to privacy.

4.2    You are prohibited from posting, uploading or transmitting to or from this Website any material:

4.2.1    that is invasive of another’s privacy, threatening, harassing, stalking, harmful, defamatory, obscene, indecent, seditious, offensive, pornographic, sexually explicit, sexually suggestive, vulgar, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance, distress, harassment or inconvenience to any person or is capable of offending the political and/or religious beliefs of any person;

4.2.2    for which you have not obtained all necessary licences and/or approvals;

4.2.3 which constitutes or encourages conduct that would be considered a criminal offence, gives rise to civil liability, or would otherwise be contrary to the law of or infringe the rights of any third party, in South Africa or any other country in the world;

4.2.4    which is technically harmful (including, without limitation, computer viruses, logic bombs, trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data);

4.2.5    which contains intellectual property rights which belong to another party without first obtaining the prior consent of the owner of such rights;

4.2.6    which does not directly relate to this Website or the goods or services provided or is junk mail, spam, chain letters, pyramid schemes or any similar or fraudulent schemes or any inappropriate form of solicitation; or collection of the responses to any such schemes or solicitation.

4.3    You are prohibited from attempting to gain unauthorised access to any material available on or via the Website or to any of the networks used in providing the Website.

4.4    You are prohibited in any way from assigning, transferring, parting with and/or authorising any other person to use, your registration details and password if you are registered with the Company.

4.5    You may not misuse the Website (including, without limitation, by hacking or attacking our Website).

4.6    The Company will fully co-operate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity or locate anyone posting any material in breach of paragraphs 4.2 or 4.5. In the event of such a breach, your right to use our Website will cease immediately.

4.7    You warrant that any posting, uploading or transmitting to or from this Website or with the other users will comply with the content standards set out in this Agreement, and you agree to indemnify us for any breach of that warranty. We have the right to remove any material or posting you make on our Website if, in our opinion, such material does not comply with the content standards set out in this Agreement.

4.8    We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our Website.

4.9    We 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 your use of our Website or to your downloading of any material posted on it, or on any website linked to it.

5    Links to and from other websites

5.1    Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. The Company has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability. The Company therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them and you must satisfy yourself that any goods or services referred to thereon are suitable for your requirements. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.

5.2    The Company cannot accept any liability in respect of the use of the websites detailed under paragraph 5.1.

5.3    If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:

5.3.1    you do so in a way that is fair and legal and does not damage our reputation or take advantage of it;

5.3.2    you do not remove, distort or otherwise alter the size or appearance of the Page Automation (Pty) Ltd or Printbox’s logos, trademarks and/or other intellectual property;
5.3.3    you do not create a frame or any other browser or border environment around this Website;

5.3.4    you do not in any way imply that the Company is endorsing any products or services other than its own nor suggest any form of association, approval or endorsement on the Company’s part where none exists;

5.3.5    you do not misrepresent your relationship with the Company nor present any other false information about the Company;

5.3.6 you do not otherwise use any Page Automation (Pty) Ltd trademarks or any other third party trademarks or intellectual property displayed on this Website without express written permission from the Company;

5.3.7    your website does not in the Company’s opinion contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations; and

5.3.8 your website complies with the content standards set out in this Agreement.

5.4    The Company expressly reserves the right to revoke the right granted in paragraph 5.3 as it deems fit and to take any action it deems appropriate.

5.5    You shall fully indemnify the Company for any loss or damage suffered by the Company or any of its group companies for breach of paragraph 5.3.

5.6    If you wish to make any use of material on our Website other than that set out above, please address your request to info@printboxsa.co.za

6    Registration & Security

6.1    Each registration with the Company is for a single user only. The Company does not permit you to share your user name, password or any other piece of information provided or required as part of our security procedures with any other person nor with multiple users on a network, you must treat such information as confidential, and you must not disclose it to any third party.

6.2    Responsibility for the security of any username and passwords issued rests with you.

6.3    You must notify the Company immediately of any apparent breach of security such as loss, theft, or unauthorised disclosure or use of a username or password and in such cases you should immediately contact the Company to amend your password and username.

6.4    We have the right to disable any user name or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.

6.5    You shall fully indemnify the Company for any loss or damage suffered by the Company or any of its group companies for breach of paragraph 6.

7    Disclaimer

7.1    While the Company aims to ensure that the information on this Website is correct, the Company does not warrant the accuracy and completeness of the material on this Website. The Company may make changes to the material on this Website, or to the products and, if applicable, the prices described in it, at any time without notice. The material on this Website may be out of date, and the Company makes no commitment to update such material.  You rely on it at your own risk.

7.2    The material on this Website is provided “as is” and the Company does not make or give any guarantees, endorsements, representations, conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, the Company provides you with this Website on the basis that the Company excludes and disclaims: –

7.2.1    all representations, warranties, conditions, duties and other terms (including, without limitation, any express or statutory warranties and any conditions or warranties whether they are implied or not by law of satisfactory quality, non-infringement, compatibility, security, merchantability, accuracy, fitness for particular purpose, timeliness, conditions of completeness, performance, availability, lack of negligence or of workmanlike effort and the use of reasonable care and skill or any implied warranty arising from course of dealing or usage or trade and other terms which might otherwise be implied by statute, common law or the law of equity) which but for this Agreement might have effect in relation to this Website; and

7.2.2    any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our Website or in connection with the use, inability to use, or results of the use of our Website, any websites linked to it and any materials posted on it, including, without limitation any liability for:

7.2.2.1    loss of income or revenue;

7.2.2.2    loss of business;

7.2.2.3    loss of profits or contracts;

7.2.2.4    loss of anticipated savings;

7.2.2.5    loss of data;

7.2.2.6    loss of goodwill;

7.2.2.7    wasted management or office time; and _________________________
for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above or in paragraph 8.

7.3    The Company does not warrant that the Website will meet your requirements and/or expectations or that the Website or functions contained in the Website content will be timely, uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available represent the full functionality, accuracy or reliability of the Website or is free of infection by viruses or bugs or anything else that has contaminating or destructive properties.

7.4    Commentary and other materials posted on our Website are not intended to amount to advice on which reliance should be placed.  We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Website, or by anyone who may be informed of any of its contents.

8    Limitation Of The Company’s Liability

8.1The Company will not be liable, whether as a result of a failure, act or omission or whether in contract, negligence, breach of duty or other tortious action or for pre-contract or other representations or in any other way, for any amount or kind of loss or damage that you or any third party incur which are not a direct consequence of your use of the Website including without limitation any indirect, special, consequential, incidental, punitive or exemplary losses or damages, damages arising from use or loss of use, business interruption, any economic losses (including without limitation loss of revenues, profits, actual or anticipated income, contracts, business or anticipated savings) or loss of privacy or use of money or loss of or damage to information, data, goodwill or reputation of any amount or kind whatsoever that arise out of, are related to or are in connection with this Agreement or your use of the Website and whether or not such loss or damage is foreseeable or known.

8.2    We shall have no liability for any defect in the Website caused or contributed to by you and/or any other person using the Website.

8.3    It is possible for other users of the Website to obtain and misuse information about you as a result of your use of the Website. The Company shall have no liability to you arising out of any users misuse of information.

8.4    The Company shall have no liability to you for any delay in performance of this Website and/or any other matters to the extent that such events and/or matters are due to any events outside the Company’s reasonable control including but not limited to acts of God, war, flood, fire, labour disputes, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, governmental actions and any other similar events.

 

 

9 Termination of the Web and Terms

 

9.1 The Company shall be entitled without notice to terminate these Terms at its sole and absolute discretion and reserves the right to modify or discontinue all or any part of the Website and to restrict or prohibit you access to it at any time, without liability to you or any other person.

 

9.2 Upon termination, all rights granted to you in respect of these Terms will immediately cease.

 

10 Amendment to Terms

 

10.1 The Company reserves the right to amend or modify these Terms at any time and at its sole and absolute discretion without prior notice.  Please ensure you review our Terms on a regular basis to ensure you have read the latest version.  Your continued use of the Website following changes to these Terms implies that you have consented to those changes.

 

10.2 The Terms were last updated in January 2018.

11 Governing law and jurisdiction

This Agreement shall be governed by and construed in accordance with South African law. Disputes arising in connection with this Agreement shall be subject to the exclusive jurisdiction of the South African courts although we retain the right to bring proceedings against you for breach of the Agreement in your country of residence or any other relevant country.

 

12 Complaints and Disputes

 

12.1 All complaints and disputes regarding Printbox will in the first instance be referred to the Website administrator, who will have all the powers of an arbitrator.

 

12.2 All complaints and disputes may be addressed to  info@printboxsa.co.za.

 

12.3 The Website administrator will deal with your complaint within a reasonable period of timeafter receipt thereof and where necessary call upon you to provide satisfactory evidence.

 

12.4 Sanctions available to the Website administrator include the following:-

 

suspending you or discontinuing your access to all or any part of the Website;

referring the matter to the appropriate law enforcement agency or other authority, where the dispute is of a criminal or illegal nature; or

referring the matter to court if the dispute necessitates same.

13 Your concerns

If you have any concerns about material which appears on our Website, please contact the person detailed below:-

 

Name: Printbox

Main business: printing services

Address: 11 Enterprise Road, Linbro Office Park, Johannesburg, South Africa

Website: www.printboxsa.co.za

Official email address: info@printboxsa.co.za

Official Contact: +27 (11) 574 3000