This website is operated by Sea-Waves Technology. Throughout the site, the terms “we”, “us” and “our” refer to Sea-Waves Technology. Sea-Waves Technology offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current Sea-Waves Technology site shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SEA-WAVES TECHNOLOGY SITE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
OTHER APPLICABLE TERMS
- Monthly Website Design Terms: https://seawaves.co.za/monthly-website-design-terms-and-conditions/
- Graphics Design Terms: https://seawaves.co.za/graphics-design-terms
- Company Services Terms: https://seawaves.co.za/company-services-terms
If there is a conflict between these Terms and the Commercial Terms, the Commercial Terms will apply.
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
ELECTRONIC DELIVERY POLICY
Sea-Waves Technology is a website-related business and communicates with its Clients electronically. When Client accepts these Terms of Service, Client consents to receive electronically from Sea-Waves Technology any notices, agreements, disclosures, or other communications (Notices). Client agrees that Sea-Waves Technology may send electronic Notices in either of the following ways;
- To the email address provided to Sea-Waves Technology at the time of sale or
- to the new email address account Client set up through Sea-Waves Technology.
Client agrees to check the designated email addresses regularly for Notices. Notice from Sea-Waves Technology is effective when sent by Sea-Waves Technology, regardless of whether the Notice is read or received by Client. When the client signs the agreement for services along with any supporting documents you are also agreeing to all the terms outlined here.
CALL MONITORING AND RECORDING PRIVACY STATEMENT
As part of Sea-Waves Technology commitment to providing the best possible service Sea-Waves Technology may monitor and record phone calls answered by Sea-Waves Technology and made by Sea-Waves Technology.
Sea-Waves Technology may also archive recorded voice mail messages. Sea-Waves Technology records calls for training purposes, to improve customer service, and to ensure an accurate record of Client calls, which may be needed to support transactions that take place over the phone. This allows Sea-Waves Technology to identify how Sea-Waves Technology can better serve its Clients.
MODIFICATIONS TO THE SERVICE AND PRICES
We reserve the right to change prices listed on our company websites, and the right to increase/decrease the number of resources given to plans at any time without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to describe as accurately as possible the features of our products that appear at the Sea-Waves Technology site. It shall be your own responsibility to ensure that any products, services, or information described through this website meet your specific requirements.
We reserve the right but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our Sea-Waves Technology site. You agree to promptly update your account and other information, including your email address and credit card numbers, and expiration dates so that we can complete your transactions and contact you as needed.
GIFT VOUCHERS & COUPONS
We may from time to time make physical or electronic gift vouchers and/or Coupons (“Vouchers”) available for use on the Website towards the purchase of Sea-Waves Technology services and/or Goods. Vouchers only are redeemed while they are valid, and their expiry dates cannot be extended.
- Gift Vouchers that are purchased by registered users are valid for 3 years after Sale. Gift Vouchers that Sea-Waves Technology gives away for free are valid for the period stated thereon. In each case, if your Voucher has not been used within that period, it will expire.
- Gift Vouchers cannot be used to purchase other Vouchers. They do not accrue interest and are not refundable for cash once purchased. If your Voucher value is insufficient for the order you wish to place, you may make up the difference by paying via one of our other payment methods.
- Sea-Waves Technology is not responsible for any harm due to the loss, unauthorised use or unauthorised distribution of a Voucher after it has delivered the Voucher to you or the email address nominated by you.
- There are two types of Coupons; a Coupon with a fixed amount of a discount, e.g. R50 off and a Coupon with a percentage discount, e.g. 15% off
- Coupons are issued in Sea-Waves Technology’s sole discretion and we are entitled at any time to correct, cancel or reject a Coupon for any reason (including without limitation where a Coupon has been distributed in an unauthorised manner). Users do not have a right to Coupons, and Coupons cannot be earned. Coupons are issued under specific terms and conditions regulating when and how they may be used.
- As a general rule, and unless specified otherwise on the specific Coupon itself:
- each Coupon can only be used once;
- only one Coupon can be used per order;
- only one Coupon can be used on the Website per person per promotion/campaign;
- Percentage Coupons may only be redeemed on purchases with a total cart value of less than [amount];
- where a Percentage Coupon has been used and you wish to cancel any items in the order prior to making the payment, the entire order must be cancelled. You will be issued with a new Percentage Coupon and will need to place the order again, without the item that you wished to cancel;
- a Coupon must be used at check-out – it cannot be used later on existing orders; and
- the value of the Coupon will be set off against the value of your order and the balance remaining, if any, will be payable by you.
- Coupons cannot be used to purchases Vouchers and cannot be exchanged or refunded for cash or credit. Sea-Waves Technology is not responsible for any harm due to the loss, unauthorised use or distribution of a Coupon.
- You may be required to submit the original communication containing the Coupon code, and any other information reasonably requested by Sea-Waves Technology, before you are able to use a Coupon.
PROMOTIONS AND DISCOUNTED SERVICES AND/OR GOODS
From time to time, we may offer certain promotional services and/or goods at discounted prices as part of a Promotion, or a Bundle Deal which are explained below (each a “Deal”). These will be subject to certain conditions (as set out in these Terms and/or the Website), which define the scope of the Deal. If you buy a product within the scope of a Deal, you will pay the discounted price for that product (the “Deal Price”).
However, if you buy a product in a manner that falls outside of the scope of a Deal, then you will pay the then-current (non-Deal) selling price on our Website(s) and/or User System (the “Normal Price”), for each product that falls outside the scope of the Deal.
For example: if you buy more than one service and/or product in a promotion or Bundle deal, you will pay the Deal Price for the first service and/or product, but the Normal Price for all services and/or products thereafter. Alternatively, if you buy a service and/or product in combination with any other service and/or product that together do not constitute a Bundle Deal, you will pay the Normal Price for all such products falling outside the scope of the relevant Deal.
By purchasing any Deal, you are also automatically opting in for our newsletter as well as our general newsletter (you may opt-out of these newsletters at any time). Opting out of these newsletters after purchase will not affect the value of the Goods purchased.
- We may from time to time offer bundle deals for sale under on our Website(s) and/or User System. Each Bundle Deal will consist of two or more products that either we or you (as provided on our Website(s) and/or User System) have combined together in a single bundle.
- Any saving or discount resulting from purchasing a Bundle Deal instead of its component products separately may be applied to any of the component products individually in our sole discretion. The actual purchase price (after applying any applicable saving or discount) of each component service and/or product will be communicated to you upon checkout and reflected in your order history. This is relevant to the amount that would be refunded to you, if you were to return any product in a Bundle Deal for a refund, in accordance with our Returns Policy.
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
Selecting and submitting “accept” on the electronic copy of the Terms Of Service8, submitting content through the Client Portal, making payment, or submitting information or documents to Sea-Waves Technology so that Sea-Waves Technology may perform services for the client, the same shall constitute an electronic signature as defined by South African Electronic Communications and Transactions Act, 2002 (Act No. 25 of 2002)
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Client specifically agrees not to engage in negative comments or slander regarding Sea-Waves Technology, including but not limited to publishing, or causing to be published, complaints or derogatory comments regarding Sea-Waves Technology in any format, including but not limited to, print, newspaper, television, radio or on internet complaint sites, blogs or other public internet forums.
Should there be a breach of this condition Sea-Waves Technology will be entitled to liquidated damages in the amount of R25,000 for each publishing or posting. If said breach occurs on an internet complaint site each Sea-Waves Technology to that website will be considered an individual breach of this condition, and subject to additional liquidated damages of R1000 per occurrence.
Further, Sea-Waves Technology shall be entitled to litigate this matter, and obtain the money damages together with injunctive relief. The prevailing party to that litigation shall be entitled to an award of attorney’s fees. Sea-Waves Technology reserves the right to terminate any account for any negative postings made by the account owner or it’s representatives, or employees.
USE OF CLIENT INFORMATION
Client hereby gives permission to Sea-Waves Technology to use samples or links to Client’s website designed by Sea-Waves Technology for marketing and advertising purposes, including but not limited to, use in Sea-Waves Technology online portfolio.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
AVAILABILITY & SUPPORT
Opening hours are between 9:00 a.m. – 5:00 p.m. Monday – Friday on business working weekdays. We are closed on bank holidays. We reserve the right to change our opening hours, at any time.
While avoided as much as possible, we reserve the right to close Sea-Waves Technology on days with staff shortages, upgrades, weather conditions, seasonal holidays, events or for any other reason we deem necessary at short or no notice.
We will aim to fix any reported issues within a reasonable timeframe, which are not caused by the customers doing, within business hours.
In addition, Sea-Waves Technology will not tolerate any form of swearing, anger, harassment from customers or third-parties against its employee’s. Sea-Waves Technology reserves the right to cancel a contract without refund and with full payment due as 1 whole payment, in the event of inappropriate or unreasonable behaviour and conduct. If any threatening behaviour is directed to any of our employee’s, communication will then be by postal mail only.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:
- for any unlawful purpose;
- to solicit others to perform or participate in any unlawful acts;
- to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
- to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
- to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
- to submit false or misleading information;
- to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
- to collect or track the personal information of others;
- to spam, phish, pharm, pretext, spider, crawl, or scrape;
- for any obscene or immoral purpose; or
- to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Sea-Waves Technology, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Client agrees to defend, indemnify and hold harmless Sea-Waves Technology and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees from and against all claims and expenses, including attorneys’ fees that may arise or result from any content Client submits, posts, transmits or makes available through Sea-Waves Technology services, from any product sold by Client, its agents or employees or assigns, from any service provided or performed or agreed to be performed by Sea-Waves Technology or from Client’s breach or violation of the TOS, including any obligation, representation, or warranty made herein, or Client’s violation of any rights of another.
Client further agrees to defend, indemnify and hold harmless Sea-Waves Technology, its directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising from or related to contracts, representations, agreements, promises, etc., made between Client and third parties, or arising from or related to Client’s negligence toward third parties.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
All our intellectual property is ours, not yours: this means that you absolutely agree that all right, title and interest in, and to, any of our intellectual property (in its widest possible, legal and commercial sense) viewable and accessible from our Website is proprietary to us, and will remain so. You will not acquire any rights of any nature in respect of such intellectual property by using our Website, services or products.
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
These Terms of Service and our relationship and/or any dispute arising from or in connection with these Terms of Service shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of our Website(s) and/or User System will constitute your 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 these Terms of Service.
In the event of any dispute arising between you and Sea-Waves Technology, you hereby consent to the exclusive jurisdiction of the High Court of the Republic of South Africa (KwaZulu-Natal Division, Durban) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court
CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
In addition to the above terms and conditions, the following information describes the Sea-Waves Technology design process. Should you subscribe to any of our services, whether ongoing or once-off, you agree that you are bound by these additional terms as described below.