Terms of Use

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TERMS AND CONDITIONS OF USE 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.

Introduction
1. 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.
2. 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, and which User shall carry the definition as set out in clause below as the case may be, and governs the User’s relationship with PaintWizz.
3. Accessing and/or use of the Website after the Effective Date as set out above will signify 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. Further, the User represents and warrants that it has the authority to do so and that in the case of a User being a natural person, the User is a Competent Person (as defined in the Protection of Personal Information Act, 4 of 2013, as amended).
4. 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. All revisions to the Terms and Conditions shall further be noted within such Terms and Conditions and will take effect on the date advised in the email, unless a later date is otherwise stated in the revised Terms and Conditions.
5. These Terms and Conditions will apply fully and affect a User’s use of the Website. By using this Website, a User agrees to accept the Terms and Conditions as contained herein in full.
6. Should a User not agree to the terms contained herein, a User must immediately desist from using this Website.
Interpretation. In these Terms and Conditions:
1. clause headings are for the convenience and are not to be used in its interpretation;
2. unless the context indicates a contrary intention, an expression which denotes:
  1. any gender includes the other gender;
  2. a natural person includes a juristic person and vice versa;
  3. the singular includes the plural and vice versa;
3. the following expressions bear the meanings assigned to them below and cognate expression bear corresponding meanings:
  1. “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;
  2. “PaintWizz” means PaintWizz (Pty) Ltd (Registration Number: 2020/728754/07) as licensed from PaintWizz (Pty) Ltd, 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;
  3. “Items” shall mean the legal documents and contracts as made available to a User for purchase on the Website;
  4. “Party” or “Parties” means the User or PaintWizz, or both, as the context implies;
  5. “Privacy Policy” means the Privacy Policy which is to be read as if specifically incorporated herein, which may be found at Privacy Policy
  6. “Services” means those services as provided by PaintWizz, as set out in paragraph 3 below;
  7. “Terms and Conditions” means these terms and conditions;
  8. “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; and
  9. “Website” shall mean the website situated at paintwizz.co.za as owned, hosted and managed by PaintWizz on which the Services are offered.
  10. “Transaction” shall mean any instruction by the User to the Website by interfacing with any computer peripheral device (including but not limited to a computer mouse, touch screen or computer keyboard) to generate a repair quote as set out in clause below.
  11. “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.
4. If any provision is a substantive provision conferring rights or imposing obligations on any Party, notwithstanding that it is only in the definition clause, effect will be given to it as if it were a substantive provision in the body of the Terms and Conditions.
5. Words and expressions defined in any clause shall, for the purpose of that clause, bear the meaning assigned to such words and expressions in such clause.
6. By agreeing to these Terms and Conditions, the User also agrees to be bound by the Privacy Policy.
Description of our services
1. PaintWizz enables a User through its Website, to generate Automotive Paint Repair quotes on a pay-per-transaction basis; alternatively
2. 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.
Registering as a user
1. Only a User may make use of the Services.
2. 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.
3. 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, as set out in the Privacy Policy, be recognised as a User and be permitted to use the Services.
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.
Payment
1. We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
2. 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.
3. When making payment, a User be directed to a secure site for payment of the purchase price in respect of the credits.
4. Credits will only be applied to the User’s application account once the secure payment site has confirmed that the payment was successful.
Discounts and Discount Coupons
1. 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.
2. For a coupon code to be honoured, the discount as associated with the coupon code:
  1. cannot be replaced if expired;
  2. may not be used as a credit claim against cash that has already been dispensed in respect of payment for credits already purchased;
  3. is non-transferrable and may not be exchanged for cash.
Warranties by the user
1. 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.
2. The User further warrants that when signing up for a Website account he/she:
  1. is not impersonating any person; and
  2. is not violating any applicable law regarding use of personal or identification information.
  3. Further and insofar as the sign-up process is concerned, the User warrants that its log in details shall:
    1. be used for personal use only; and
    2. not be disclosed by a User to any third party.
  4. 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.
  5. 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.
Unauthorised use of the website by the user
1. A User may not use the Website for any objectionable or unlawful purpose.
2. A User is not able to upload any information onto the Website save for the personal information as required when registering for the Services.
3. A User undertakes not to send to us spam mail or make use of other unsolicited mass e-mailing techniques.
4. A User shall not introduce Malware or other program which may damage computers or other computer-based equipment through email communication with us.
5. A User may not sell, redistribute, or use information contained on the Website for a commercial purpose without our prior written consent.
6. A User may not remove or alter our copyright notices or other means of identification including any watermarks, as they appear on the Website, any of our emails or the Items.
7. A User may not distribute or publish any part of the information or content included in the Services on any publicly accessible electronic network, including without limitation the internet and the world wide web, Facebook, Instagram, Twitter, YouTube, or otherwise publish, broadcast, or display any such information in public.
8. 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.
Warranties by PaintWizz
1. We make no representation or warranty (express or implied) that the Website or Services will:
  1. meet a User’s needs;
  2. be accessible at all times;
  3. be accurate, complete, or current at all times;
2. 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. We do not provide any warranties against Malware that may be installed on your computer because of you accessing or using the Website.
3. 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.
4. PaintWizz shall not be liable for delays, interruptions, service failures or other problems inherent in use of the internet and electronic communications or other systems outside of our reasonable control. While a User may have statutory rights, the duration of any such statutorily warranties, will be limited to the shortest period to the extent permitted by required law.
Limitation of liability and indemnity
1. 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.
2. 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.
3. 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, including any breach by a User of these terms or any applicable law or licensing requirements.
4. 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.
5. To the extent that our liability cannot be excluded by law, our maximum liability, whether in contract, equity, statute, or tort (including negligence), to a User will be limited to the minimum amount imposed by such law.
6. Notwithstanding anything to the contrary in these terms, in no circumstances will we be liable for any indirect, punitive, or consequential loss or damages, loss of income, profits, goodwill, data, contracts, use of money or any loss or damages arising from or in any way connected to interruption of the Services of any type, whether in delict, contract or otherwise.
Links to other websites. The Website may contain links or portals to other websites. We have n o 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.
Copyright
1. 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, unless credit is attributed to the author thereof, and is, likewise, protected by South African and international copyright laws.
2. 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, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, except as permitted by the fair use privilege under the South African copyright laws or without our prior written permission, which should such consent be provided, we reserve our right to withdraw such consent at any stage, in our sole and absolute discretion.
3. 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, which should such consent be provided, we reserve our right to withdraw such consent at any stage, in our sole and absolute discretion.
4. 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. A User may not use our logo or other proprietary graphic or trademark as part of the link without our permission or the permission of our affiliates or content suppliers.
5. All trademarks and copyrights, as also any other intellectual property rights, in and to any of the content of the Website are the exclusive property of PaintWizz.
Intellectual property
1. 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 including any algorithm used by us.
2. 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.
Confidentiality
1. Confidential information means any documents or information created, received, or obtained from PaintWizz, together with information relating to PaintWizz as well as non-public information pertaining to PaintWizz’s business (including, without limitation pricing information, and any content marked confidential or reasonably construed as being confidential due to its nature) (“Confidential Information”) which must remain strictly confidential.
2. 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, or in violation of any express or implied duty or contractual right.
3. PaintWizz will not disclose or make available, directly, or indirectly, any User’s Confidential Information, except where PaintWizz has the User’s permission, where the Confidential Information is already in the public domain (through no breach of the Terms and Conditions), in furtherance of the User’s use of the Services, to enforce all or any of the terms or if legally compelled to do so.
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. Therefore, 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.
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/or Website and claim damages or alternatively to claim specific performance of all the defaulting Party’s obligations, together with damages, if any, whether or not such obligations have fallen due for performance.
Dispute resolution
1. 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.
2. 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.
3. 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.
4. The arbitration referred to shall be held:
  1. at Johannesburg or other venue agreed by the parties in writing;
  2. in English; and
  3. immediately and with a view to its being completed within 21 (twenty-one) days after it is demanded.
5. The Parties irrevocably agree that the decision in arbitration proceedings:
  1. shall be final and binding upon them;
  2. shall be carried into effect;
  3. may be made an order of any court of competent jurisdiction.
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:
1. PaintWizz:
  1 Voortrekker Avenue, Alberton, Gauteng, 1449 and/or info@paintwizz.com
  
  For correspondence regarding questions about our services, please address info@paintwizz.com
2. User:
  The billing address as provided by the user within the account settings section of the Website.
3. 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.
4. All notices to be given in terms of the Terms and Conditions will:
  1. be given in writing;
  2. be delivered or sent by email; and
  3. be presumed to have been received on the date of delivery.
5. Notwithstanding the above, any notice confirmed as received by the Party to whom notice is addressed will be deemed to have been properly given and received, notwithstanding that such notice has not been given in accordance with the provisions of this clause.
6. Variation No contract varying, adding to, deleting from, or cancelling the Terms and Conditions, and no waiver of any right under these Terms and Conditions, shall be effective unless reduced to writing and signed by or on behalf of the Parties. Writing shall not be construed as email correspondence signed by means of email signatures.
Survival Clauses which out of necessity or by implication herein survive termination of these Terms and Conditions, shall remain in full and effect despite the termination hereof.
Application Of The Electronic Communications And Transactions Act 25 Of 2002 (“Ect Act”)
1. Data Messages (as defined in the ECT Act) will be deemed to have been received by PaintWizz if and when PaintWizz responds to the Data Messages.
2. Data Messages sent by PaintWizz to a User will be deemed to have been received by the User in terms of the provisions specified in section 23(b) of the ECT Act.
3. The User acknowledges that electronic signatures, encryption and/or authentication are not required for valid electronic communications between themselves and PaintWizz.
General
1. The Terms and Conditions constitute the entire agreement between the Parties as to the subject matter hereof and no agreements, representations, or warranties between the Parties regarding the subject matter hereof other than those set out herein, are binding on the Parties.
2. Our failure to enforce any provision of the Terms and Conditions shall not constitute a waiver of such provision. Further, any consent to depart from the Terms and Conditions shall be ineffective unless it is confirmed in writing and signed by us.
3. Any present or future legislation which operates to vary an obligation or right, power or remedy of a person in connection with the Terms and Conditions is excluded except to the extent that its exclusion is prohibited or rendered ineffective by law.
4. The rights, powers and remedies provided to PaintWizz in the Terms and Conditions are cumulative with and not exclusive of the rights, powers or remedies provided by law independently of the Terms and Conditions.
5. The Terms and Conditions together with the other terms and legal documents situated on the Website constitute the entire agreement in as far as the provision of the Services are concerned. The User acknowledges and agrees that it has not relied on any representations by PaintWizz except those contained in the Terms and Conditions.
6. The laws of the Republic of South Africa shall apply to these Terms and Conditions.
7. 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.
8. 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.
9. If any provision herein is held to be unenforceable, the remaining provisions shall remain in full force and effect.