Last updated: 2021-08-15
1 a) Introduction
Welcome to TOWER Prints (“Company”, “we”, “our”, “us”)!
These Terms of Service (“Terms”, “Terms of Service”) govern your use of our website located at www.towerprints.com(together or individually referred to as “Our Service and/or Website”) operated by Turrim International (PTY) LTD a privately held company registered in the Republic of South Africa.
If you do not agree with (or cannot comply with) Agreements, then you may not use the service, but please let us know by emailing at firstname.lastname@example.org so we can try to find a solution. These Terms apply to all visitors, users and others who wish to access or use the Service and/or the website.
1 b) Terminology
The following terminology applies to these terms of service:
“Designs” or “Artwork” or “Content” means the graphic files either uploaded, chosen or designed by the user using the website functionality.
“Party” or “Parties” refers to the user and TOWER Prints and any 3rd party to enact the full transaction.
“Our Service” or “Product Purchase” means the use of the website to design your self adhesive label and print them yourself or have them printed by TOWER Prints respectively.
“User” refers to any person and/or entity that makes use of the website to design alone or design and buy the product from TOWER Prints.
“Product” refers to the self-adhesive labels when TOWER Prints, print the self-adhesive labels for the user.
“Material” refers to the substrate that is chosen by the user from the options on the website.
Any and all use of the above terminology or other words whether in singular, plural capitalisation and/or he/she or they, are taken as interchangeable, therefore referring to the same.
2.1 By using our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing at email@example.com.
Purchases and Pricing
3.1 TOWER Prints charges an amount to users which is dependent upon the type of service and/or product ordered as well as the printing and/or delivery preferences as selected by the user, which amount shall be inclusive of any applicable Value Added Tax (“VAT”) (the “Purchase Price”).
3.3 Please note that TOWER Prints does not record, store or handle any bank account, credit or debit card details and/or any financial information of any user. Payment for any product purchased from TOWER Prints is processed by either EFT or cash deposit directly into the TOWER Prints designated bank account or through our 3rd party payment portal, currently Paygate. Users are encouraged to consult Paygate found at www.paygate.co.za to familiarise themselves with the security protocols and other policies that may apply to any transaction conducted through Paygate.
3.4 For any product or service to be enacted where applicable and/or delivered to any user and notwithstanding anything else contained in these terms of service, the payment of the purchase price inclusive of VAT must be cleared in the TOWER Prints or the Paygate banking account.
3.5 You represent and warrant that: (i) you have the legal right to use any card(s) or other payment method(s) in connection with any purchase; and that (ii) the information you supply to us or Paygate is true, correct and complete.
3.6 All pricing is reflected in South African Rands (ZAR). Any foreign purchase made in another currency other than ZAR, if accepted by Paygate and/or TOWER Prints banking institution, shall be converted into ZAR at the banking institutions then-current exchange rate and applicable fees.
3.7 Should payment of the purchase price not be received within 7 (seven) working days of the purchase, such order will be automatically cancelled without notification to the user.
3.8 We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product, error in your order or any other reasons deemed necessary by us.
3.9 We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Contests, Vouchers and Promotions
4.2 TOWER Prints from time to time may engage in certain online marketing strategies for the benefit of both our business and that of the users. These may take the form of questionnaires, emails, online surveys that may at the sole discretion of TOWER Prints include vouchers to prospective new customers or discounts to existing users.
5.1 The issue of refunds is at the sole discretion of TOWER Prints, we reserve the right to replace products and/or offer credit notes instead of refunds.
5.2 Should you desire to receive a refund please mail us on firstname.lastname@example.org including all the details of such purchase made and the reasons for the request for the refund.
6.1 Our service allows you to upload, store, create and otherwise make available certain information, text, graphics or other artwork material (“Content”). You are responsible for content that you upload on or through our service and website, including its legality, reliability, and appropriateness. TOWER Prints reserves the right at its sole discretion to judge what is appropriate or inappropriated content.
6.2 By uploading content on or through our service, you represent and warrant that: (i) the content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these terms, and (ii) that the uploading of your content on or through our service and website does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to remove content from our website and/or terminate the account of anyone found to be infringing on a copyright.
6.3 You retain any and all of your rights to any content you submit, upload on or through the use of our service and website and you are responsible for protecting those rights. We take no responsibility and assume no liability for content you or any third party uploads on or through our service and website.
6.4 TOWER Prints has the right but not the obligation to monitor and/or moderate all content provided by users at the sole discretion of TOWER Prints. Further to this we reserve the right at the sole discretion of TOWER Prints to refuse to produce or release any content deemed by us but not limited to, to be a copyright infringement, against the laws governing South Africa, fraudulent, infringing on the rights of others and or bring TOWER Prints into disrepute.
6.5 In addition, content found on or through this our service and/or website are the property of TOWER Prints or used with permission to us by a 3rd party agreement. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us for any other reason other than the intended use of our service and/or website in generating your own unique labels and/or designs and artwork.
7.1 You may use our service and or website only for lawful purposes and in accordance with these terms of service. You agree not to use our service and or website:
7.1.1 In any way that violates any applicable national or international law or regulation.
7.1.2 For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
7.1.3 To transmit, or procure the sending of, any advertising or promotional material, including but not limited to any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.
7.1.4 To impersonate or attempt to impersonate TOWER Prints, a TOWER Prints employee, another user, or any other person or entity.
7.1.5 In any way that infringes upon the rights of others, or in any way that is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
7.1.6 To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of our service and website, or which, as determined by us, may harm or offend TOWER Prints or users of our service or expose them to liability.
7.2 Additionally, you agree not to:
7.2.1 Use our service and website in any manner that could disable, overburden, damage, or impair our service and website or interfere with any other party’s use of our service and website, including their ability to engage with our service or website.
7.2.2 Use any robot, spider, or other automatic device, process, or means to access our service and website for any purpose, including monitoring or copying any of the material on our website.
7.2.3 Use any manual process to monitor or copy any of the material on our website or for any other unauthorized purpose unless expressly contracted to do so with our prior written consent. For example but not limited to for analytics.
7.2.4 Use any device, software, or routine that interferes with the proper working of our website.
7.2.5 Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
7.2.6 Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of our website, the server on which our website is stored, or any server, computer, or database connected to our website.
7.2.7 Attack website via a denial-of-service attack or a distributed denial-of-service attack.
7.2.8 Take any action that may damage or falsify TOWER Prints online rating.
7.2.9 Otherwise attempt to interfere with the proper working of our services and/or our website.
8.1 We may from time to time use third-party service providers to monitor and analyse the use of our service and/or website.
9.1 All services and/or products ordered through the website and which require delivery to the user of the requisite products, shall be done by a courier company as designated by TOWER Prints as soon thereafter as may be possible after we have received payment of the purchase price into our nominated bank account, alternatively, into the designated payment portal account, currently Paygate.
9.2 Given the difficulties which the transport industry faces, it is not possible for TOWER Prints to provide an exact date or time for the delivery of products.
9.3 TOWER Prints undertakes to advise the user once the respective products have been dispatched together with an approximate delivery date, which date shall not fall on a public holiday or weekend. Such date may be subject to change without any prior notice by TOWER
9.4 Prints to the user. However notwithstanding the foregoing, TOWER Prints uses a courier who will communicate regularly via email to the user all details pertaining to their purchased product delivery.
9.5 Should the user not receive the purchased products within the time period envisaged, then and in that event, the user shall be entitled to contact TOWER Prints via email at email@example.com who will investigate on the user’s behalf, however TOWER Prints accepts no responsibility for the late or non-delivery of products.
10.1 When you create an account with TOWER Prints, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account.
10.2 You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
10.3 You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
10.4 We reserve the right to refuse service, terminate accounts, remove or edit content (with notice to you in such case of editing), or cancel orders in our sole discretion.
11.1 TOWER Prints and its original content (excluding content provided by users), features and functionality are and will remain the exclusive property of TOWER Prints and its licensors. TOWER Prints is protected by copyright, trademark, the laws governing South Africa and other laws of foreign countries. Our trademarks may not be used in connection with any product or service without the prior written consent of TOWER Prints.
12.1 We respect the intellectual property rights of others. It is our policy to respond to any claim that content uploaded on our service and website infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.
12.2 If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to firstname.lastname@example.org, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed above, under the copyright laws of South Africa.
12.3 You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through our service and website on your copyright.
Product and Colour Disclaimer
13.1 We print the products using CMYK colour inkjet technology and use different materials from different manufacturers from time to time at the our sole discretion. Should a user require specific colours, they may be requested to provide us with a colour proof for colour matching with their purchase if it is critical to the user. Take note this may have an effect on the overall time of delivery adding this step into the equation. We cannot guarantee that even with a proof that exact colour matching can be achieved.
13.2 TOWER Prints specifically records that we are unable to provide an exact match to Pantone colours and will not be held liable should there be a difference in the colour pallet in the event of the user providing Pantone or any other colour reference system.
13.3 TOWER Prints endeavours to produce the best quality printing. However when choosing colours for your label print it is important that the user be aware that the colour of the product may be different to that seen on their computer screen. Even though we have made an adjustment in the RGB representation on a computer screen to reflect CMYK colour, there are various factors beyond our control that influence the overall and final appearance of colours on a printed product. Therefore, we cannot guarantee colour accuracy 100% (one hundred percent).
13.4 Without limiting the generality of the above clauses, TOWER Prints makes no warranty that this our service and/or website will meet a user’s requirements and/or expectations.
13.5 TOWER Prints make no warranty as to the results that may be obtained from the use of this website or as to the accuracy or reliability of any information obtained through this website. No advice or information, whether oral or written, obtained by a user through this website or from TOWER Prints or its third party service providers shall create any warranty enforceable against TOWER Prints.
13.6 To the maximum extent permissible by law, TOWER Prints denounces any fiduciary responsibilities to any users of the website, and a user undertakes to indemnify and hold TOWER Prints harmless against any harm, damages or loss, however so arising, caused to the user as a result of the utilisation of the our services and/or website.
Error Reporting and Feedback
14.1 You may provide us either directly at email@example.com with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our service and website (“Feedback”). You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the feedback; (ii) TOWER Prints may have development ideas similar to the feedback; (iii) feedback does not contain confidential information or proprietary information from you or any third party; and (iv) TOWER Prints is not under any obligation of confidentiality with respect to the feedback. In the event the transfer of the ownership to the feedback is not possible due to applicable mandatory laws, you grant TOWER Prints and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) feedback in any manner and for any purpose.
Links To Other Web Sites
15.1 Our website may contain links to both our own other websites and from time to time 3rd party websites or services that are not owned or controlled by TOWER Prints.
15.2 TOWER Prints has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
15.4 You acknowledge and agree that TOWER prints shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
15.5 We strongly advise you to read the terms of service and privacy policies of any third party web sites or services that you visit.
Disclaimer Of Warranty
16.1 These services are provided by TOWER prints on an “as is” and “as available” basis. TOWER prints makes no representations or warranties of any kind, express or implied, as to the operation of their services, or the information, content or materials included therein. You expressly agree that your use of these services, their content, and any services or items obtained from us is at your sole risk.
16.2 Neither TOWER prints nor any person associated with TOWER prints makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the services. Without limiting the foregoing, neither TOWER prints nor anyone associated with TOWER prints represents or warrants that the services, their content, or any services or items obtained through our services and/or website will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that the services or the server that makes it available are free of viruses or other harmful components or that the services or any services or items obtained through our services and/or website will otherwise meet your needs or expectations.
16.3 TOWER prints hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose.
16.4 The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.
Limitation Of Liability
17.1 Except as prohibited by law, you will hold us and our officers, directors, employees, and agents harmless for any indirect, punitive, special, incidental, or consequential damage, however it arises (including attorneys’ fees and all related costs and expenses of litigation and arbitration, or at trial or on appeal, if any, whether or not litigation or arbitration is instituted), whether in an action of contract, negligence, or other tortious action, or arising out of or in connection with this agreement, including without limitation any claim for personal injury or property damage, arising from this agreement and any violation by you of any central government, provincial or municipal laws, statutes, rules, or regulations, even if TOWER prints has been previously advised of the possibility of such damage. Except as prohibited by law, if there is liability found on the part of TOWER prints, it will be limited to the amount paid for the products and/or services, and under no circumstances will there be consequential or punitive damages. Whatsoever.
18.1 We may terminate or suspend your account and bar access to our service and website immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the terms of service.
18.2 If you wish to terminate your account, you may simply discontinue using our service and the website.
18.3 All provisions of the terms of service which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
19.1 These terms of service shall be governed and construed in accordance with the laws of South Africa, which governing law applies to agreements without regard to its conflict of law provisions.
19.2 Our failure to enforce any right or provision of these terms of service will not be considered a waiver of those rights. If any provision of these terms is held to be invalid or unenforceable by a court, the remaining provisions of these terms will remain in effect. These terms of service constitute the entire agreement between us regarding our service and supersede and replace any prior agreements we might have had between us regarding our service.
Changes To Service
20.1 We reserve the right to withdraw or amend our service and website, and any service or material we provide via the website, in our sole discretion without notice. We will not be liable if for any reason all or any part of our service and or website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our service and/or website, or the entire website, to users, including but not limited to registered users or account holders.
Amendments To Terms
21.1 We may amend the terms of service at any time by posting the amended terms on this site. It is your responsibility to review these terms periodically.
21.2 Your continued use of the website following the posting of revised terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
21.3 By continuing to access or use our service and/or website after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use our service and/or website.
Waiver And Severability
22.1 No waiver by TOWER Prints of any term or condition set forth in these terms of service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of TOWER Prints to assert a right or provision under these terms of service shall not constitute a waiver of such right or provision.
22.2 If any provision of these terms of service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of terms will continue in full force and effect.
23.1 By using our service and the website or other services provided by us, you acknowledge that you have read these terms of service and agree to be bound by them.
Please send your feedback, comments, requests for technical support by email: firstname.lastname@example.org
Domicilium Citandi Et Executandi
Turrin International T/A TOWER Prints
Physical Address: 21 Capricorn Boulevard, Capricorn Business Park, Muizenberg, Cape Town, Western Cape, South Africa Tel: (021) 207 3944