TERMS OF SERVICE

OVERVIEW

This website is operated by North Star Branding Concepts, a division of North Star Reputation Management. Throughout the site, the terms “we”, “us” and “our” refer to North Star Branding Concepts, a division of North Star Reputation Management. North Star Branding Concepts, a division of North Star Reputation Management 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 of service 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 or customers.

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 store 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.

SECTION 1 – ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are over the age of 18 and that 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).
A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 – GENERAL CONDITIONS

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.

To the extent permitted by law, these Terms, and the provision of our Services, shall be governed by and construed in accordance with South African law, and any dispute arising out of these Terms and/or our Services shall be submitted to the competent South African courts having the requisite jurisdiction to hear the matter.

To the extent necessary and/or possible, you consent to the exclusive jurisdiction of the South Gauteng High Court or an alternative appropriate South African court seized with appropriate jurisdiction in all disputes arising out of the Terms, this Privacy Policy, our Services, and/or related agreements incorporated by reference.

SECTION 3 – TERMINOLOGY

The following terminology applies to our Terms of Service:

• “Designs” refers to the graphic designs, as uploaded by a User, which are intended to be printed by North Star Branding Concept, a division of North Star Reputation Management, in accordance with the Services;
• “Party” or “Parties” refers to a user and/or North Star Branding Concept, a division of North Star Reputation Management, as the context requires;
• “Services” shall refer to the design, printing and production of all products on the www.bannersgalore.co.za website.

Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to the same.

SECTION 4 – DESCRIPTION OF OUR SERVICES

Our website, www.bannersgalore.co.za, is an online store where users can buy a range of branding and promotional products.  Users have an option of submitting already designed artwork or have our in-house designers prepare artwork that best fits their product/s of choice.

In consideration for rendering of the Services, North Star Branding Concepts, a division of North Star Branding Concepts,  charges a Service Fee as set out below.

SECTION 5 – SERVICE FEES

North Star Branding Concepts, a division of North Star Branding Concepts, charges an amount to users which is dependent upon the type of Service 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 “Service Fee”).

All Service Fees shall be done via electronic funds transfer or the payment gateway infrastructure on the www.bannersgalore.co.za website, provided via an independent third party payment service provider – PayFast.  PayFast users are encouraged to consult the PayFast website located at www.payfast.co.za to familiarise themselves with the security protocols and other policies in place and which may apply to any transaction conducted through PayFast.

Only Service Fee payments made via PayFast or electronic funds transfer shall be processed. Service Fee payments made via Payfast in a currency other than South African Rand (“Rand”), if accepted by Payfast, shall be converted into Rand at North Star Branding Concepts’, a division of North Star Branding Concepts, financial institution’s then-current market rate of exchange. Payments made by electronic funds transfer will only be processed and accepted if made in South African Rands.

Service Fee payments made from Users located outside of the Republic of South Africa and/or in a currency other than Rand, shall be processed in accordance with PayFast’s policies and procedures, as amended from time to time.

We reserve the right to change our product’s prices at any time without prior notice. If an error is made and a product is listed at an incorrect price, North Star Branding Concepts, a division of North Star Branding Concepts, shall maintain the right to refund or cancel orders placed at the incorrect price.

SECTION 6 – THIRD-PARTY LINKS

Certain products and services available via our website 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.

SECTION 7 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 8 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change 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.

SECTION 9 – PRODUCTS OR SERVICES (if applicable)

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 display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any colour will be accurate.
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 anytime 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.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 10 – 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 organisation 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 store. 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.

For more detail, please review our Returns Policy.

SECTION 11 – OPTIONAL TOOLS

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.

SECTION 12 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions 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, libellous, 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 libellous 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.

SECTION 13 – PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. Please visit our Privacy Policy to learn more.

SECTION 14 – 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.

SECTION 15 – PROHIBITED USES & USER CONTENT

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) 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; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) 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.

Certain areas of the www.bannersgalore.co.za website may permit users to submit designs, feedback, information, data, text, software, images, designs, messages, or other materials (each, a “User Submission”). Users are solely responsible for all User Submissions and that any such User Submission is considered both non-confidential and non-proprietary. Should such designs not meet the criteria as may be determined by North Star Branding Concepts, a division of North Star Branding Concepts, in its sole and unfettered discretion from time to time, North Star Branding Concepts, a division of North Star Branding Concepts, reserves the right to adjust and/or amend the designs so as to conform with its criteria.

Further, North Star Branding Concepts, a division of North Star Branding Concepts, does not guarantee that the subsequent ability to edit or delete any User Submission.

By submitting a User Submission, users grant North Star Branding Concepts, a division of North Star Branding Concepts, an irrevocable, perpetual, transferable, non-exclusive, fully paid, worldwide, royalty free license (sub-licensable through multiple tiers) to:

• use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display User Submissions (or any modification thereto), in whole or in part, in any format or medium now known or later developed;
• use User Submissions in any manner and for any purpose (including, without limitation, commercial purposes) that North Star Branding Concepts, a division of North Star Branding Concepts, in its sole, absolute and unfettered discretion, deem appropriate, including, without limitation, the incorporation of a User Submission or any modification thereto, in whole or in part, into any technology, product, or service;
• display advertisements in connection with User Submissions and use User Submissions for advertising and promotional purposes;
• North Star Branding Concepts, a division of North Star Branding Concepts, may, but is not obligated to, pre-screen User Submissions or monitor any area of the www.bannersgalore.co.za website through which User Submissions may be submitted. We are not required to host, display, or distribute any User Submissions on or through this website, and may remove at any time or refuse any User Submissions for any reason;
• we are not responsible for any loss, theft, or damage of any kind to any User Submissions;
• further, users agree that North Star Branding Concepts, a division of North Star Branding Concepts, may freely disclose any User Submissions to any third party absent of any obligation of confidence on the part of the recipient.

SECTION 16 – 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 North Star Branding Concepts, a division of North Star Reputation Management, 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.

SECTION 17 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless North Star Branding Concepts, a division of North Star Branding Concepts, and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 18 – SEVERABILITY

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.

SECTION 19 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our website.  If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 20 – ENTIRE AGREEMENT

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 website, 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.

SECTION 21 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of South Africa.

SECTION 22 – 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.

SECTION 23 – COLOUR ACCURACY

We will reproduce colour from submitted print-ready files as closely as possible, but cannot exactly match colour and density (as viewed in a 5000K light booth). Because of inherent limitations with the printing process, as well as neighbouring image ink requirements, the accuracy of colour reproduction is not guaranteed. By placing an order with us, you agree to this limitation. We will try our best to match the gradient density of each colour, but we accept no responsibility for colour variations between submitted files and the final printed piece.

Under no circumstances will a reprint be honoured for colour variations that have occurred due to artwork not being converted to CMYK.

SECTION 24 – STICKERS AND ROLL LABELS

Stickers and Roll Labels have not been approved for safety for use on food packaging or for direct contact with food. Do not apply Stickers and Roll Labels to already frozen materials.

SECTION 25 – OVER PRINT AND UNDER PRINT POLICY

Due to the gang run method that we use, we cannot guarantee that every order will be the exact number of items ordered. We can only guarantee that it will come within plus or minus 10% of the number of items ordered. Although rare, in the event of an under run, we will give you Store Credit for the amount of pieces we were “short” if over 10% of the order quantity.

SECTION 26 – ARTWORK FILES

Our automatic pre-flight department checks all submitted artwork files before printing, but you are still 100% responsible for the accuracy of your print-ready artwork files, and we encourage you to proofread all files carefully before submitting to us. We are not responsible for any issues as to orientation or alignment of the pages of your submitted artwork. By submitting the artwork to us, you certify that you have the right to use the image(s) in your artwork files. Although we take every precaution to safeguard your materials, we are NOT responsible for loss or damage of images or artwork if the font was not converted to curves and images were not embedded.

Under these Terms of Service, you agree that you will NOT upload any artwork files consisting of the following material: offensive, indecent or improper material, nudity, any material that could give rise to any civil or criminal liability under applicable law; and any material that could infringe rights of privacy, publicity, copyrights or other intellectual property rights without the permission of the owner of these rights and the persons who are shown in the material if applicable. We will refuse an order based on foregoing reasons or for any other reason which in our opinion may be illegal in nature or an infringement on the rights of any third party. You accept full legal liability for the content of material processed and printed on your behalf and under your instructions. We reserve the right to refuse an order without disclosing a reason.

We may, based on our sole discretion, set limits to the maximum number of days that we shall retain designs or other uploaded files, as well as the maximum storage space that we would allocate to such files. We are not responsible for the deletion or failure to store any file whether uploaded or designed on our Website. We reserve the right to delete any file stored which has been inactive for an extended period of time, or for any other reason, without prior notice.

SECTION 27 – CANCELLATION

An order may not be cancelled once it is “Pre press approved” or “In Production”. Orders placed, paid for and then cancelled before 14:00 CAT on the same day may be cancelled and booked as store credit to be applied to future orders. Orders placed without artwork will have a 21-day window during which artwork may be submitted. After 21 days, orders without artwork will be cancelled automatically for store credit toward future orders.

SECTION 28 – DELIVERY

We will are liable to deliver by the latest date specified after an order was processed and delivery will take place any time between 8am to 6pm, however, when a package is not delivered due to an error made by the customer in submitting the proper shipping address, we will reship the package with corrected address and the dates communicated prior will not be considered anymore.

Delivery dates are subject to change if there are any errors with the artwork provided or an order is put on hold.

We will not be liable for delays in shipments caused by weather conditions, shipping company delays, international customs issues or any other circumstances beyond our direct control.

SECTION 29 – COPYRIGHTS

North Star Branding Concepts, a division of North Star Reputation Management, and the contents of the website www.bannersgalore.co.za are the property of North Star Branding Concepts, a division of North Star Reputation Management, apart from the designs, which remain the property of the users who upload such designs, are protected by South African and international copyright laws. Furthermore, the compilation (meaning the collection, arrangement, and assembly) of all content on North Star Branding Concepts, a division of North Star Reputation Management, and/or the Services, apart from the designs, is our exclusive property, unless credit is attributed to the author thereof, and is, likewise, protected by South African and international copyright laws.

Except as stated in the Terms of Service, 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 the prior written permission of North Star Branding Concepts, a division of North Star Reputation Management,  or the copyright owner, and further, should such consent be provided, North Star Branding Concepts, a division of North Star Reputation Management, reserves its right to withdraw such consent at any stage, in its sole and absolute discretion.

You are explicitly prohibited to “mirror” any content, contained on North Star Branding Concepts, a division of North Star Reputation Management,  on any other server unless with the prior written permission of North Star Branding Concepts, a division of North Star Reputation Management,  and further, should such consent be provided, North Star Branding Concepts, a division of North Star Reputation Management, reserves its right to withdraw such consent at any stage, in its sole and absolute discretion.

We do not permit copyright infringing activities and infringement of intellectual property rights on North Star Branding Concepts, a division of North Star Reputation Management, and we may, at our sole discretion, remove any infringing content if we are of the view that such content infringes on another’s intellectual property rights or our own.

You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of North Star Branding Concepts, a division of North Star Reputation Management, so long as the link does not portray North Star Branding Concepts, a division of North Star Reputation Management, its affiliates, or its products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use North Star Branding Concepts’, a division of North Star Reputation Management, logo or other proprietary graphic or trademark as part of the link without the express permission of North Star Branding Concepts, a division of North Star Reputation Management,  its affiliates or content suppliers.

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 North Star Branding Concepts, a division of North Star Reputation Management.

SECTION 30 – FORCE MAJEURE

Without limiting the foregoing, no Party to these Terms of Service shall be held liable for any failure to uphold their commitment and agreement of these Terms of Service if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, a pandemic or an epidemic, nationalisation, government sanction, blockage, embargo, labour dispute, strike, lockout or interruption or failure of electricity, telephone service or internet connectivity, server failure, or technological failure. Neither you, nor North Star Branding Concepts, a division of North Star Reputation Management, are entitled to terminate these Terms in such circumstances. Any Party affected by such event shall forthwith inform the other Party of same, and shall use all reasonable endeavours to comply with the Terms.

SECTION 31 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at
banners@nsrm.co.za