Please read the website terms and conditions carefully before making use of this website. Continued use of the website indicates that the user has both read and accepted the terms and conditions. A user cannot use the website if it does not accept the terms and conditions. All sections of the terms and conditions are applicable to the user.
1. Introduction
PaintWizz's website https://paintwizz.co.za ("the Website") is made available and owned by PaintWizz (Pty) Ltd (bearing registration number 2020/728754/07) as licensed from PaintWizz (Pty) Ltd. (hereinafter referred to as "PaintWizz", "the PaintWizz Website", "Website", "we", "our" or "us"). Any reference to "PaintWizz", "we", "our" or "us" shall include our employees, officers, directors, representatives, agents, shareholders, affiliates, subsidiaries, holding companies, related entities, advisers, sub-contractors, service providers and partners.
These terms, including any document incorporated by reference herein, including, but not limited to the Privacy Policy apply to any User who makes use of the Services as made available to the User on the Website, accesses, refers to views, and/or uploads or downloads any information or material made available on the Website for whatever purpose.
Accessing and/or use of the Website after the Effective Date signifies that the User has read, understands, accepts, and agrees to be bound, and is bound, by the Terms and Conditions, in such User's individual capacity and/or for and on behalf of any entity for whom the User utilises the Website.
To the extent permitted by applicable law, we may modify the Terms and Conditions, and the User shall be advised of such modifications by email prior to same being effected.
Should a User not agree to the terms contained herein, a User must immediately desist from using this Website.
2. Interpretation
In these Terms and Conditions:
- "Browser" shall mean any person who visits any page of the Website, whether by landing at the home page or any other page through use of a hyperlink of another website or by direct access to the Website and who has no intention of using the Services or has not yet registered as a User
- "PaintWizz" means PaintWizz (Pty) Ltd (Registration Number: 2020/728754/07), a private company duly registered and incorporated in accordance with the company laws of South Africa and carrying on business at 1 Voortrekker Avenue, Alberton, Gauteng, South Africa
- "Items" shall mean the legal documents and contracts as made available to a User for purchase on the Website
- "Party" or "Parties" means the User or PaintWizz, or both, as the context implies
- "Privacy Policy" means the Privacy Policy which is to be read as if specifically incorporated herein
- "Services" means those services as provided by PaintWizz
- "Terms and Conditions" means these terms and conditions
- "User" means the Browser who completes the sign-up process on the Website thus enabling such person or entity to make use of the Services
- "Website" shall mean the website situated at paintwizz.co.za as owned, hosted and managed by PaintWizz on which the Services are offered
- "Transaction" shall mean any instruction by the User to the Website by interfacing with any computer peripheral device to generate a repair quote
- "Credit" means an electronic system token as generated, tracked and displayed for each individual user account on the Website, which entitles the User to perform a single transaction
3. Description of Our Services
- PaintWizz enables a User through its Website, to generate Automotive Paint Repair quotes on a pay-per-transaction basis; or
- A User may become a subscriber, thereby allowing the User to sign up for various packages containing a specified number of transaction credits at a set monthly fee and for a prescribed term, as provided for on the Website.
4. Registering as a User
Only a User may make use of the Services.
Subject to and based on a Browser's acceptance of the Terms and Conditions, and thus becoming a User, we grant the User a limited, revocable, non-transferable license to access and use the Website in accordance with the various policies and agreements which may govern such use and access.
A Browser shall, through the log in process on the Website (which shall include the provision of a unique username and password), and the provision of certain personal information, be recognised as a User and be permitted to use the Services.
5. Cost of Transactions
The price of an individual credit together with the price of the various packages comprising a specific amount of transaction credits shall be as reflected on the Website when purchasing said transaction credits, in the currency reflected by the Website, and shall be inclusive of VAT.
6. Payment
We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
Payment may be made by either debit or credit card. A User warrants that it is fully authorised to use the credit or debit card supplied for purposes of purchasing credits. A User further warrants that its credit or debit card has sufficient available funds to cover all the costs incurred because of purchasing said credits.
When making payment, a User be directed to a secure site for payment of the purchase price in respect of the credits.
Credits will only be applied to the User's application account once the secure payment site has confirmed that the payment was successful.
7. Discounts and Discount Coupons
We may, at our own discretion, and from time to time, offer volume discounts or discount coupons to Users in respect of purchasing transaction credits.
For a coupon code to be honoured, the discount as associated with the coupon code:
- Cannot be replaced if expired
- May not be used as a credit claim against cash that has already been dispensed in respect of payment for credits already purchased
- Is non-transferrable and may not be exchanged for cash
8. Warranties by the User
The User warrants and represents that:
- The personal information provided to us is and shall remain accurate, true, and correct and that the User will update the personal information held by us to reflect any changes as soon as possible
- When signing up for a Website account, the User is not impersonating any person
- The User is not violating any applicable law regarding use of personal or identification information
Further and insofar as the sign-up process is concerned, the User warrants that its log in details shall:
- Be used for personal use only
- Not be disclosed by a User to any third party
For security purposes the User understands that if he/she should use the incorrect log in detail when attempting to purchase credits, such credits will not be applied to the Users' application account and the User will not be entitled to exchange the credits purchased for the Services.
The User agrees that, once the correct log in details have been entered, irrespective of whether the use of the log in details is unauthorised or fraudulent, the User will be liable for payment for any credits purchased.
9. Unauthorised Use of the Website
A User may not:
- Use the Website for any objectionable or unlawful purpose
- Upload any information onto the Website save for the personal information as required when registering for the Services
- Send to us spam mail or make use of other unsolicited mass e-mailing techniques
- Introduce Malware or other program which may damage computers or other computer-based equipment through email communication with us
- Sell, redistribute, or use information contained on the Website for a commercial purpose without our prior written consent
- Remove or alter our copyright notices or other means of identification including any watermarks
- Distribute or publish any part of the information or content included in the Services on any publicly accessible electronic network
A User understands and agrees that it is solely responsible for compliance with all laws, rules and regulations that may apply to its use of the Website or the Services.
10. Warranties by PaintWizz
We make no representation or warranty (express or implied) that the Website or Services will:
- Meet a User's needs
- Be accessible at all times
- Be accurate, complete, or current at all times
Except for any express warranties in these Terms the Services are provided "as is". PaintWizz makes no other warranties, express or implied, statutory, or otherwise, including but not limited to warranties of merchantability, title, fitness for a particular purpose or non-infringement.
PaintWizz does not warrant that the use of the Website will be uninterrupted or error free, nor do we warrant that we will review information for accuracy or that we will preserve or maintain the User's personal information without loss.
11. Limitation of Liability and Indemnity
The Website shall be used entirely at a User's own risk. We are not responsible for, and the User agrees that we will have no liability in relation to, the use of and conduct in connection with the Website, or any other person's use of or conduct in connection with the Website, in any circumstance.
We cannot guarantee or warrant that any file downloaded from the Website or delivered to you via email will be Malware free. A User is responsible for implementing appropriate processes, systems, and procedures to protect itself from Malware.
A User indemnifies us, and agrees to keep us indemnified, from and against any claim, loss, damage, cost, or expense that we may suffer or incur as a result of or in connection with a User's improper use of or conduct in connection with the Website.
To the maximum extent permitted by law we exclude all implied representations and warranties which, but for these terms, might apply in relation to a User's use of the Website.
Notwithstanding anything to the contrary in these terms, in no circumstances will we be liable for any indirect, punitive, or consequential loss or damages.
12. Links to Other Websites
The Website may contain links or portals to other websites. We have no control over websites operated by third parties and the User agrees that we are not responsible for and will have no liability in connection with a User's access to or use of any third-party website.
13. Copyright
PaintWizz and the contents of the Website, together with the Items are the property of PaintWizz, unless specified otherwise, and are protected by South African and international copyright laws. Furthermore, the compilation (meaning the collection, arrangement, and assembly) of all content on the Website and/or the Services, is our property.
Except as stated in the Terms and Conditions, none of the contents may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means.
Users are expressly prohibited to "embed" or "mirror" any content, contained on the Website, on any other server unless our prior written permission is obtained.
The User is granted a limited, revocable, and non-exclusive right to create a hyperlink to the Website, so long as the link does not portray us, our affiliates, Items or Services in a false, misleading, derogatory, or otherwise offensive manner.
14. Intellectual Property
A User undertakes not to attempt to decipher, decompile, disassemble, or reverse engineer any of the software or code comprising or in any way making up a part of the Website.
We own or are licensed to use all intellectual property on the Website. A User may not use any of our intellectual property for any purpose other than as may be required to use the Website for its intended purpose.
15. Confidentiality
Confidential information means any documents or information created, received, or obtained from PaintWizz, together with information relating to PaintWizz's business (including, without limitation pricing information, and any content marked confidential or reasonably construed as being confidential due to its nature) which must remain strictly confidential.
A User may not disclose, solicit, make available or misappropriate any Confidential Information, trade secrets or other proprietary information that belongs to PaintWizz without our prior written permission.
16. Protection of Data
PaintWizz makes all reasonable efforts to ensure security on its systems. However, it cannot guarantee that personal information, alternatively any data uploaded onto the Website may not be accessed, disclosed, altered, or destroyed by breach of PaintWizz's administrative, managerial, and technical safeguards.
PaintWizz urges the User to take adequate precautions to protect its personal data and login details including never sharing its username or password with anyone.
17. Breach
If the User commits a breach of these Terms and Conditions and fails to remedy such breach within 7 (seven) days of receipt of written notice requiring the breach to be remedied, then the Party giving notice shall be entitled, at its option, either to cancel the Terms and Conditions and access to the Website and claim damages or alternatively to claim specific performance.
18. Dispute Resolution
Any dispute which arises between the User and PaintWizz in respect of the Terms and Conditions shall require the Parties to use their best endeavours to resolve the dispute informally within 7 (seven) days of the dispute having been raised in writing.
If the dispute cannot be resolved in accordance with the foregoing, the dispute shall be finally resolved in accordance with the rules of Arbitration Foundation of Southern Africa ("AFSA") by an arbitrator or arbitrators appointed by AFSA.
Either Party may demand that a dispute be referred to arbitration by giving written notice to that effect to the other Party. This clause shall not preclude either Party from obtaining interim relief on an urgent basis from a court of competent jurisdiction pending the decision of the arbitrator.
19. Notices and Domicilium
The parties choose as their respective domicilium citandi et executandi for the purpose of giving or sending any notice provided for or necessary within the Terms and Conditions, the following:
PaintWizz:
1 Voortrekker Avenue, Alberton, Gauteng, 1449
Email: info@paintwizz.com
User:
The billing address as provided by the user within the account settings section of the Website.
Both Parties may change their domicilium to any other physical address or email address by written notice to the other to that effect. Such change of address will be effective 7 (seven) days after receipt of notice of change of domicilium.
20. Governing Law
The laws of the Republic of South Africa shall apply to these Terms and Conditions.
Any claims, legal proceeding or litigation arising in connection with the Terms and Conditions shall be subject solely to the jurisdiction of the courts of the Republic of South Africa.
PaintWizz may assign or novate any of our rights or obligations under these Terms and Conditions without a User's consent. A User may not assign or novate any of his/her/its rights.
If any provision herein is held to be unenforceable, the remaining provisions shall remain in full force and effect.