- Our website can be accessed at www.expandasign.co.uk related mobi-sites and software applications (the “Website”) and is owned and operated by POP Developments Ltd. (“Expand a Sign”, “we”, “us” and “our”).
- These Website Terms and Conditions (“Terms and Conditions”) govern the ordering, sale, delivery and return of Goods, and the use of our website.
- These Terms and Conditions are binding against every person that accesses or uses this Website (“you”, “your” or “user”), including without limitation each user who registers as contemplated below (“registered user”). By using the Website and by clicking on the “Register Now” button on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.
- The Website enables you view our products online (the “Goods”).
2. Important Notice
- These Terms and Conditions are to be read together with our Private Policy, which policies are incorporated by way of reference into these Terms and Conditions and which apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).
- These Terms and Conditions contain provisions which –
- may limit the risk or liability of POP Devleopments Ltd or a third party (see clauses 10,11 and 12); and/or
- may create risk or liability for the user; and/or
- may compel the user to indemnify POP Developments Ltd or a third party; and/or
- serves as an acknowledgement, by the user, of a fact.
- If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask POP Developments Ltd to explain it to you before you accept the Terms and Conditions or continue using the Website. If you are unfamiliar with the Goods or the use of functionality of this website and the implications thereof for you please pay particular attention to all these terms and conditions and address any queries to POP Developments Ltd before making use of this Website or ordering any Goods.
- Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or POP Developments Ltd in terms of the CPA or any other related legislation.
- POP Developments Ltd permits the use of this Website subject to the Terms and Conditions. By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions (including POP Developments Ltd’s Policies) unconditionally. You must not use this Website if you do not agree to these Terms and Conditions.
3. Changes to these Terms and Conditions
- POP Developments Ltd may, in its sole discretion, change any of these Terms and Conditions at any time. It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes. Should you not be satisfied, you must not place any further orders on, or in any other way use, the Website.
- Any such change will only apply to your use of this Website after the change is displayed on the Website. If you use the Website after such amended Terms and Conditions have been displayed on the Website, you will be deemed to have accepted such changes.
4. Electronic communications
When you visit the Website or send emails to us, you consent to receiving communications from us or any of our divisions or partners electronically. These terms and conditions are governed, where applicable, by the Electronics and Communications Transaction Act 25 of 2002 (“ECT” Act”).
5. Ownership and copyright
- The contents of our Website, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in this Website (“Website Content”) are protected by law, including but not limited to copyright and trade mark law. The Website Content is the property of Expand a Sign, its advertisers and/or sponsors and/or is licensed to POP Developments Ltd.
- Any use, distribution or reproduction of the Website Content is prohibited unless expressly authorised in terms of these Terms and Conditions or otherwise provided for in law.
- Where any of the Website Content has been licensed to POP Developments Ltd or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.
- The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website.
- Whilst POP Developments Ltd takes reasonable measures to ensure that the content of the Website is accurate and complete, POP Developments Ltd makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website. If any such representations or warranties are made by POP Developments Ltd’s representatives, POP Developments Ltd shall not be bound thereby.
- POP Developments Ltd disclaims liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Website and/or any content therein unless otherwise provided by law.
- Although Goods sold from the Website may, under certain specifically defined circumstances, be under warranty, the Website itself and all information provided on the Website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.
- Any views or statements made or expressed on the Website are not necessarily the views of POP Developments Ltd, its directors, employees and/or agents.
- In addition to the disclaimers contained elsewhere in these Terms and Conditions, POP Developments Ltd also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of Expand a Sign, its employees, agents or authorised representatives. Expand a Sign thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in in connection with your access to or use of the Website.
7. Linking to third party websites
- This Website may contain links or references to other websites (“Third Party Websites”) which are outside of our control, including those of advertisers. These Terms and Conditions do not apply to those Third Party Websites and POP Developments Ltd is not responsible for the practices and/or privacy policies of those Third Party Websites or the “cookies” that those sites may use.
- Notwithstanding the fact that the Website may refer to or provide links to Third Party Websites, your use of such Third Party Websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third Party Websites or your reliance on any information contained thereon.
8. Limitation of liability and Indemnity
- POP Developments Ltd cannot be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website, save where such liability arises from the gross negligence or wilful misconduct of POP Developments Ltd, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors by way of email to firstname.lastname@example.org
- POP Developments Ltd shall not be liable for any direct, indirect, incidental, special or consequential loss or damages which might arise from your use of, or reliance upon, the website or the content contained in the website; or your inability to use the website, and/or unlawful activity on the website and/or any linked third party website.
- You hereby indemnify POP Developments Ltd against any loss, claim or damage which may be suffered by yourself or any third party arising in any way from your use of this website and/or any linked third party website.
9. Availability and termination
- We will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and are entitled to discontinue providing the Website or any part thereof with or without notice to you.
- POP Developments Ltd may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that POP Developments Ltd will not be liable to you in the event that it chooses to suspend, modify or terminate this Website other than for processing any orders made by you prior to such time, to the extent possible.
- If you fail to comply with your obligations under these Terms and Conditions, including any incident involving payment of the price of an order for any Goods, this may (in our sole discretion with or without notice to you) lead to a suspension and/or termination of your access to the Website without any prejudice to any claims for damages or otherwise that we may have against you. At any time, you can choose to stop using the Website, with or without notice to POP Developments Ltd.
- You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.
- Any failure on the part of you or POP Developments Ltd to enforce any right in terms hereof shall not constitute a waiver of that right.
- If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
- No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.
- These Terms and Conditions contain the whole agreement between you and POP Developments Ltd and no other warranty or undertaking is valid, unless contained in this document between the parties.