Effective Date: 27 September 2024

Welcome to Innovation by Design ("we", "us", or "our"). These Terms and Conditions govern your use of our website and services. By accessing or using our website, you agree to be bound by these terms. Please read them carefully. If you do not agree, you may not access or use the website.

1. Acceptance of Terms

By using our website, you acknowledge that you have read, understood, and agree to these Terms and Conditions, as well as our Privacy Policy and Cookie Policy. These terms apply to all users of the website, including but not limited to visitors, customers, and contributors of content.

2. Changes to the Terms

We reserve the right to modify these Terms and Conditions at any time without prior notice. Any changes will take effect immediately upon being posted on the website. Your continued use of the website after the changes signifies your acceptance of the updated terms.

3. Use of the Website

You agree to use the website in accordance with the following provisions:

• You must be at least 18 years old or have legal capacity to enter into these terms.
• You will not use the website for any unlawful or prohibited activities.
• You will not attempt to interfere with the website's operation, hack, or reverse-engineer any part of it.
• You agree to provide accurate, complete, and updated information if requested (e.g., for account creation).

4. Intellectual Property Rights

All content on this website, including text, images, graphics, logos, and designs, is the intellectual property of Innovation by Design, unless otherwise stated. You may not reproduce, distribute, or use any content without our express written permission.

You are granted a limited, non-exclusive license to access and make personal use of the website, but you may not:

• Modify, adapt, or create derivative works based on the content.
• Resell or commercially exploit the content.

5. User-Generated Content

If you post or upload content to our website (such as reviews, comments, or testimonials), you grant us a non-exclusive, royalty-free, perpetual license to use, reproduce, and modify this content for any purpose.

You are solely responsible for the content you post, and it must not be:

• False, misleading, or defamatory.
• Offensive, obscene, or infringing on the rights of others.
• Unlawful or promoting illegal activities.

6. Products and Services

We provide digital marketing, web development, and other digital services as described on our website. We reserve the right to modify or discontinue any of our services at any time without notice.

7. Payment and Pricing

All prices listed on the website are in South African Rand (ZAR) and are subject to change without notice. Payment terms and details for our services will be provided at the time of contracting, and you are responsible for ensuring timely payment as per the agreed-upon terms.

8. Refunds and Cancellations

Our refund and cancellation policy is subject to the nature of the service provided. Once services have commenced, refunds may not be available, except in instances where we have failed to meet contractual obligations.

9. Disclaimer of Warranties

Our website and services are provided "as is" and "as available" without any warranties, express or implied. While we make every effort to ensure the accuracy of information on our site, we do not guarantee that the website will be error-free, uninterrupted, or secure at all times.

We disclaim any liability for:

• Any loss or damage arising from your reliance on information from the website.
• Any errors, omissions, or inaccuracies in the content.
• Technical issues or downtime of the website.

10. Limitation of Liability

To the fullest extent permitted by law, Innovation by Design will not be liable for any direct, indirect, incidental, or consequential damages arising from your use of the website, our services, or these Terms and Conditions. This includes but is not limited to:

• Loss of data or profits.
• Unauthorized access to your personal information.

In the event of any dispute or claim, our liability will be limited to the amount paid by you for services rendered.

11. Indemnification

You agree to indemnify and hold Innovation by Design, its affiliates, and employees harmless from any claims, losses, liabilities, and expenses arising from your use of the website, violation of these Terms, or infringement on any third-party rights.

12. Governing Law and Jurisdiction

These Terms and Conditions are governed by and construed in accordance with the laws of South Africa. Any disputes arising out of or relating to these Terms will be subject to the exclusive jurisdiction of the courts of Johannesburg, South Africa.

13. Privacy and Data Protection

We are committed to protecting your privacy. Our collection, use, and sharing of personal information are governed by our Privacy Policy and comply with POPIA (Protection of Personal Information Act).

14. Termination

We reserve the right to suspend or terminate your access to the website at any time, without notice, for violation of these Terms or any unlawful activity.

15. Third-Party Links

Our website may contain links to third-party websites. These links are provided for convenience, and we are not responsible for the content, privacy policies, or practices of these third-party websites.

16. Force Majeure

We will not be liable for any delay or failure to perform our obligations under these Terms due to events beyond our reasonable control, including acts of God, natural disasters, strikes, or other unforeseeable events.

17. Entire Agreement

These Terms and Conditions, along with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and Innovation by Design regarding your use of the website and services.

18. Contact Us

If you have any questions or concerns about these Terms and Conditions, please contact us at:

Innovation by Design
Email: info@innovationbydesign.co.za
Phone: 067 222 9965