Skip to main content

Terms of Use

Tilespace Website & Online Store

INTRODUCTION

These are the Terms and Conditions relating to Tilespace’s Website & Online Store (“Online Environment”) provided by Tilespace (Pty) Ltd (“Tilespace”). These terms and conditions (“Terms and Conditions”) govern your (“the User”) usage of the Online Environment, as well as any Services associated therewith. By accessing or using the Online Environment and / or associated Services, the Users bind themselves to the Terms and Conditions set out in this document. The content of, and available on, the Online Environment, is either proprietary to Tilespace or utilized in terms of a written license agreement entered into between Tilespace and the proprietor of such content. As such, the Users may not access, display, use, download, and/or otherwise copy or distribute any such content obtained on the Online Environment for any purposes other than as provided for in these Terms and Conditions without the prior written consent of Tilespace, or the individuals to whom any relevant personal information relates.

DEFINITIONS

The headnotes to the clauses of these Terms and Conditions are for reference purposes only and shall in no way govern or affect the interpretation of nor modify nor amplify these Terms and Conditions nor any clause hereof.

Unless the context dictates otherwise, the words and expressions set forth below shall bear the following meanings and cognate expressions shall bear corresponding meanings:

Active Processing

Shall mean instances where Tilespace has directly been provided with the Personal Information of Data Subjects, such as when Users submit an enquiry in respect of the Services, or when Users provide Personal Data to Tilespace pursuant to making use of the Online Environment.

Applicable Laws

Means all applicable laws, regulations, regulatory requirements and codes of practice of any relevant jurisdiction, as amended and in force from time to time.

Tilespace

Shall mean Tilespace (Pty) Ltd.

Cookies

Means small text files that store Non-personally Identifiable Information about Users, either temporarily in connection with a User’s Internet Protocol (“IP”) address (known as a temporary or session cookie and deleted once a Data Subject closes their browser window) or more permanently on the hard drive of a user’s device (known as a permanent or persistent cookie).

Device

Shall mean the device used by the User to access the Online Environment, such as a desktop computer, laptop, smart phone, tablet or similar device.

Data Protection Legislation

Means any data protection or data privacy laws applicable within any Territory.

Data Subject(s)

Shall mean any person to whom any Personal Information relates, which shall include the User.

Governing Law

Shall mean the laws of the Republic of South Africa.

Intellectual Property

Shall mean all intellectual property subsisting in, pertaining to or used on, through or by means of the Online Environment, including, without limitation, documents, designs, Trademarks, service marks, data, trade secrets, methods and know-how, as well as copyright, including, without limitation, all copyright in any documents, logos, designs, multimedia works, software (including both source and object code and any programmers’ or developers’ notes, flow charts, memoranda and design documents), as well as any goodwill and rights of reputation attaching to any of the above.

Non-personally Identifiable Information/Data

Means any information/data which cannot be linked to Users, such as an internet domain name, the type of web browser used by a User, the type of operating system relied on by a User, the date and time of a User’s visit to our Online Environment, the specific pages a User may have visited, and the address of the Online Environment which a User may have visited prior to entering or gaining access to Tilespace’ Online Environment.

Passive Processing

Means instances where Tilespace has not actively been provided with the Personal Information of Users, such as when Tilespace deploys inactive means to collect information from Users. These Passive Processing means allow Tilespace to Process certain kinds of Non-personally Identifiable Information which can perhaps not be linked to Users.

Person

Shall mean, where the context so requires, an individual, firm, company, corporation, juristic person, local authority, and any trust, foundation, organisation, association or partnership, with or without a separate juristic personality.

Personal Data / Information

Personal data is regarded as any information relating to a User/Data Subject. A Data Subject shall also include any Person, User, Client or Representatives. Personal data would enable the identification of a Person or any Data Subject, in particular by reference to identifying information such as a name, identification number, registration number, financial information, statutory information, location data, online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, social, corporate or financial identity of that Person. Special categories of data include personal data pertaining to any of the following about a Data Subject such as, but not limited to racial or ethnic origin, political opinion or adherence, religious or philosophical beliefs, membership of a trade union, physical or mental health or condition, sexual orientation, practices or preferences, genetic or biometric data that is uniquely identifying.

Privacy Policy

Means Tilespace’ privacy policy which is supplementary and complimentary to these Terms and Conditions, and which provisions are read into these Terms and Conditions as if specifically incorporated herein.

Process/Processing

Shall mean any automated or manual activity of collecting, recording, organizing, storing, updating, distributing and removing or deleting Personal Data.

Products

Shall mean the products that Users may procure through the use of the Online Environment.

Services

Shall mean the access provided to the Online Environment, content and information provided through the Online Environment and management of the Online Environment.

Service Providers

Shall mean any Person that has been contracted by Tilespace to render specific Products or Services to Users.

Territory

Shall mean any country where Tilespace and its Affiliates conduct business or have operations or are actively pursuing business development opportunities, as well as such other countries as may be stated on Tilespace’ Online Environment from time to time.

Trademarks

Shall mean all registered and unregistered trademarks, trade names, symbols, signs, insignia, emblems, logos and slogans utilized by Tilespace in facilitating the User’s use of the Services, as well as on the Online Environment.

User(s)

Shall mean any Person(s) who use the Online Environment and associated Services.

Web-based Format

Shall mean the format of the Online Environment which can be accessed by the Users through their web browser by entering a particular Online Environment.

Online Environment

Means the Online Environment owned and operated by Tilespace.

Unless inconsistent with the context or save where the contrary is expressly indicated:

  • if any provision in a definition is a substantive provision conferring rights or imposing obligations on any Party, notwithstanding that it appears only in this clause, effect shall be given to it as if it were a substantive provision of these Terms and Conditions;
  • any reference in these Terms and Conditions to an enactment is to that enactment as at the Effective Date and as amended or re-enacted from time to time; and
  • any reference in these Terms and Conditions to these Terms and Conditions or any other terms and conditions or document shall be construed as a reference to these Terms and Conditions or, as the case may be, such other terms and conditions or document as same may have been, or may from time to time be, amended, varied novated or supplemented.

Unless inconsistent with the context, an expression which denotes:

  • any one gender includes the other genders; and
  • the singular includes the plural and vice versa.

Where any term is defined within the context of any particular clause in these Terms and Conditions, the term so defined, unless it is clear from the clause in question that the term so defined has limited application to the relevant clause, shall bear the same meaning as ascribed to it for all purposes in terms of these Terms and Conditions, notwithstanding that that term has not been defined in this clause.

The expiration or termination of these Terms and Conditions shall not affect such of the provisions of these Terms and Conditions which expressly provide that they will operate after any such expiration or termination or which of necessity must continue to have effect after such expiration or termination, notwithstanding that the clauses themselves do not expressly provide for this.

CONTRACTUAL CAPACITY TO ACT

The User warrants that he / she is at least 18 (eighteen) years of age and has the necessary contractual and mental capacity to enter into and be bound by these Terms and Conditions. Where the User acts on behalf of another Person, the User warrants that he / she has the necessary authority and capacity to enter and bind such Person to these Terms and Conditions.

UPDATING OF THESE TERMS AND CONDITIONS

Tilespace reserve the rights to change, modify, add or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to this Online Environment. It is the obligation of User to periodically check these Terms and Conditions on the Online Environment for changes or updates. The continued use of this Online Environment by the User following the posting of changes or updates, will be considered notice of the User’s acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.

ELECTRONIC COMMUNICATIONS

By using the Online Environment or communicating with Tilespace by electronic means, the User consents and acknowledges that any and all agreements, notices, disclosures, or any other communication shall have been adequately addressed to the User upon transmission by e-mail to the e-mail address provided by the User and it constitutes proper notice to the User.

The User also accepts that when visiting the Online Environment or communicating with Tilespace electronically, Tilespace may communicate with the User, using various electronic channels. All records that a User sends to Tilespace may be stored electronically and with third parties, although these third parties are bound by the strictest levels of confidentiality. These electronic records shall be proof of the records, unless you can prove otherwise.

SERVICES PROVIDED AND CONDITIONS OF ACCESS

By virtue of Tilespace’ position and the scope of the Services, it may afford Users access to various Third-Party Products or Services. Tilespace may also afford the User an opportunity to conclude commercial transactions with other Users who either use the Online Environment or market their Third-Party Products or Services through the Online Environment. The use of any Third-Party Products or Services bought or subscribed for through the use of the Online Environment, and consequently Tilespace Online Environment, is at the User’s own risk.

THIRD PARTY SERVICE PROVIDERS PRODUCTS AND SERVICES

At the discretion of Tilespace, they may include references to or facilitate access to services rendered or products made available by third-party Service Providers and provide links to the sites of third-party Service Providers. These third-party Service Providers and their sites have separate and independent terms and conditions of use and privacy policies applicable to their products, services, and respective sites. Tilespace shall bear no responsibility or liability for the Products and Services offered or rendered by such third-party Service Providers or the content and services provided through or by means of their respective sites.

The Parties make no warranties or representations whatsoever regarding the Products and Services offered or rendered by any third-party Service Provider, or the content or activities of such third-party websites, which may be accessed or used through or by means of Tilespace’ Online Environment.

The User acknowledges that Tilespace merely facilitates the User’s access to such third party’s products, services and/or website and does not itself offer the products or render the services of such third party to the User.

The User acknowledges that neither Tilespace, nor its directors, prescribed officers, agents or assigns, shall be held responsible for any direct or indirect special, consequential or other damage of any kind whatsoever suffered or incurred, related to the use of, or the inability to access or use the content of or the website of a third party, as well as any functionality of said website and the products offered or services rendered through or by means of said website, or of any linked website, even if Tilespace is expressly advised thereof.

Tilespace does not provide any personally identifiable information pertaining to Users to any third-party advertisers or third-party websites.

These third-party websites and advertisers, or internet advertising companies working on their behalf, sometimes use technology to send (or 'serve') the advertisements that appear on the Online Environment directly to the User’s browser. They automatically receive the User’s IP address when this happens. They may also use cookies, JavaScript, web beacons (also known as action tags or single-pixel gifs), and other technologies to measure the effectiveness of their ads and to personalise advertising content to Users. Tilespace does not have access to or control over cookies or other features that such third parties may use, and the information practices of these advertisers and third-party websites are not covered by these Terms and Conditions. Please contact them directly for more information about their privacy practices.

LIMITATION OF LIABILITY

The Online Environment and all content on the Online Environment, including any current or future offer of products or services, are provided on an “as is” basis, and may include inaccuracies or typographical errors. The Parties make no warranty or representation as to the availability, accuracy or completeness of the content. Neither Tilespace, its directors, members, prescribed officers, agents or assigns, shall be held responsible for any direct or indirect special, consequential or other damage of any kind whatsoever suffered or incurred, related to the use of, or the inability to access or use the content or the Online Environment or any functionality thereof, or of any linked Online Environment, even if Tilespace is expressly advised thereof.

Neither the User or any other person shall have any claim against Tilespace for any direct, consequential, incidental, indirect or special loss or damages, including, without limitation, business interruption, loss of business information, loss of data or other pecuniary loss, arising from the unavailability of the Services, regardless of whether such claim is based on breach of contract, delict, breach of implied warranties or otherwise and even if the possibility of such loss or damages could have been foreseen or if Tilespace was negligent.

The Parties therefore does not guarantee that (i) the Online Environment; (ii) the information, content, tools or materials included on the Online Environment; (iii) Tilespace’ servers; or (iv) that any electronic communications sent by Tilespace will be free from viruses or other harmful components. The Parties will not be liable for any damages of any kind arising from your use of the Online Environment, the Services or from any information, content, tools or materials included on or otherwise made available to the User through the Online Environment, including for direct, incidental, punitive and/or consequential damages.

Although Tilespace is committed to providing Users with the best possible Service, Tilespace shall not be responsible for:

  • any of the events described in this clause;
  • any actions or omissions by the User that result in a breach of the provisions of these Terms and Conditions;
  • any links to other Online Environments from the Online Environment. The User also acknowledges that Tilespace cannot control the content of, or the products offered on any third-party Online Environments;
  • a denial of access to the Online Environment or the Services, should Tilespace believe or have reason to believe that the User is conducting activities that are illegal, abusive, would attack the integrity of the Online Environment or put Tilespace in disrepute; or
  • the User’s reliance on any of the Services, information, content, tools or materials that the User obtains or gains access to from the Online Environment.

GOVERNING LAW

The Online Environment is controlled, operated and administered by Tilespace within the Republic of South Africa. Access to the Online Environment from territories or countries where the use of the Online Environment or the Services provided through the Online Environment is illegal, is prohibited and by accessing the Online Environment, the User agrees that the laws of the Republic of South Africa will govern these Terms and Conditions, as well as any dispute which may arise from these Terms and Conditions.

CASUAL SURFING

The User may visit the Online Environment without providing any Personal Information. The Online Environment servers will in such instances collect the IP address of the User’s computer or other electronic device, but not the e-mail address or any other distinguishing information. This information is aggregated to measure the number of visits, average time spent on the Online Environment, pages viewed, etc. Tilespace uses this information to determine use of the Online Environment, and to improve content thereon. Tilespace assumes no obligation to protect this information and may process such information without limitation.

INDEMNITY AND CONDITIONS

The Online Environment and all content on the Online Environment, including any current or future offer of products or services, are provided on an “as is” basis, and may include inaccuracies or typographical errors. Tilespace makes no warranty or representation as to the availability, accuracy or completeness of the content. Neither Tilespace, its directors, members, prescribed officers, agents or assigns, shall be held responsible for any direct or indirect special, consequential or other damage of any kind whatsoever suffered or incurred, related to the use of, or the inability to access or use the content or the Online Environment or any functionality thereof, or of any linked Online Environment, even if Tilespace is expressly advised thereof.

Neither the User or any other person shall have any claim against Tilespace for any direct, consequential, incidental, indirect or special loss or damages, including, without limitation, business interruption, loss of business information, loss of data or other pecuniary loss, arising from the unavailability of the Services, regardless of whether such claim is based on breach of contract, delict, breach of implied warranties or otherwise and even if the possibility of such loss or damages could have been foreseen or if Tilespace was negligent.

Tilespace therefore does not guarantee that (i) the Online Environment; (ii) the information, content, tools or materials included on the Online Environment; (iii) Tilespace’ servers; or (iv) that any electronic communications sent by Tilespace will be free from viruses or other harmful components. Tilespace will not be liable for any damages of any kind arising from your use of the Online Environment, the Services or from any information, content, tools or materials included on or otherwise made available to the User through the Online Environment, including for direct, incidental, punitive and/or consequential damages.

Although Tilespace is committed to providing Users with the best possible Service, Tilespace shall not be responsible for:

  • any of the events described in this clause;
  • any actions or omissions by the User that result in a breach of the provisions of these Terms and Conditions;
  • any links or references to other Online Environments and / or Third-Party Products or Services from the Online Environment. The User also acknowledges that Tilespace cannot control the content of or any product or service offerings by Third Parties;
  • a denial of access to the Online Environment or the Services, should Tilespace believe or have reason to believe that the User is conducting activities that are illegal, abusive, would attack the integrity of the Online Environment or put Tilespace in disrepute; or
  • the User’s reliance on any of the Services, information, content, tools or materials that the User obtains or gains access to from the Online Environment.

USE OF THE TILESPACE’S ONLINE ENVIRONMENT AND THE SERVICES

The User may not use, reproduce, adapt, distribute, publish or in any other way deal or interfere with the Online Environment’s contents without Tilespace’ prior written consent.

The User may not establish a hyperlink, frame, metatag, similar reference, whether electronically or otherwise, or any other reference to the Online Environment without the prior written consent of Tilespace.

Tilespace reserves the right to make any changes or modification, as well as discontinue any aspect of the Online Environment, its content or the Services offered by or through the Online Environment at any time and without prior notice to the User. No such change, suspension, modification or discontinuance shall entitle the User to any compensation or give rise to any liability whatsoever.

The User agrees that it will only use the Online Environment in accordance with these Terms and Conditions, including any terms and conditions incorporated herein by reference.

The display of content via the Online Environment may differ depending on the Device the User is using to use the Online Environment or access the Services.

Any and all content published on the Online Environment reflects the views of the author and does not necessarily constitute the official opinion of Tilespace, unless stated otherwise.

The User may not post content on the Online Environment that is illegal, unlawful, obscene, defamatory, discriminatory, disparaging of others, derogatory, inflammatory, harassing, insulting, offensive or likely to promote violence or hatred against others or that contains abusive, offensive or profane language.

Tilespace reserves the right to occasionally restrict User access and/or use of the Online Environment and/or Services to carry out repairs, maintenance or to introduce new functionality and/or Services. Tilespace does, however, endeavor to keep any disruption in the use of the Online Environment to a minimum.

The User agrees not to:

  • use the Online Environment and the Services to process Personal Data of Third-Parties, other than for processing such Personal Data in line with Tilespace’ Service offerings;
  • violate the privacy of any person in order to, or attempt to, gain unauthorized access to Tilespace and/or the Services through the Online Environment, including, but without limitation through hacking, password mining or any other means;
  • use the Online Environment and the Services to engage in any illegal or unlawful activity;
  • employ automated electronic or mechanical processes designed to negatively affect the performance of the Online Environment, and Tilespace’ provision of the Online Environment and the Services;
  • utilise the Online Environment in a manner which disrupts the normal operations of Tilespace;
  • attempt to gain unauthorised access to Tilespace’ programming, coding or infrastructure; or
  • circumvent, disable or otherwise interfere with security related features of Tilespace or features that prevent or restrict the use or enforce limitations on the use of the Online Environment.

Should the User engage in any of the aforementioned activities, or breach any of the provisions of these Terms and Conditions, Tilespace shall be entitled, without prejudice to any other rights they may have and without prior notice to the User:


  • suspend User access to and use of the Online Environment and the Services;
  • restrict or limit the use of the Online Environment;

terminate the agreement set forth in these Terms and Conditions and recover all costs incurred by Tilespace, including, but without limitation, legal costs on an attorney and own client basis


INTELLECTUAL PROPERTY

The technology and software underlying the Online Environment and the Services, or distributed in connection therewith, are the property of the respective Parties (as agreed between them). Subject to the agreement(s) between Tilespace, they respectively own all rights, title, license and interest to any and all registered and unregistered intangible property, including marketing material, designs, know-how, trademarks, trade names, brand names, signs, symbols, logos, trade secrets, copyright and patents and any derivatives thereof and all future additions and improvements thereto, in respect of or pertaining to the Online Environment and its use and implementation (“Intellectual Property”).

The Intellectual Property is protected by applicable copyright, trademark and intellectual property laws. The Users shall not obtain any rights, title or interest in or to any Intellectual Property, whether by operation of the Services Agreement, these Terms and Conditions, or otherwise. The Parties does not permit copyright infringing activities or infringement of Intellectual Property rights of Tilespace.

COPYRIGHT

All content made available on the Online Environment (for example, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and where applicable software) belongs to Tilespace respectively and as agreed between them or is alternatively used pursuant to a licensing agreement concluded between Tilespace and the third-party proprietor of such content.

Any unauthorised use, alteration or dissemination of the information or content published on the Online Environment is strictly prohibited.

The User expressly acknowledges that no content or information displayed on the Online Environment may be regarded or construed as granting any licence or right to any third party, including the User, to use any trademark without Tilespace’ prior written consent and approval.

Although Tilespace has deployed reasonable technical and organisational measures to protect the information on the Online Environment from time to time, the User acknowledges that Tilespace cannot be held responsible for any consequences that may result from the unlawful breach of copyright or unlawful dissemination of information by third parties copying information off of the Online Environment.

PERSONAL INFORMATION OF USERS

Users shall make available and consent by virtue of the using the Online Environment and its associated Services, to the processing of, amongst others, the following types of Personal Data / Information by Tilespace:

  • e-mail addresses;
  • names and surnames;
  • name of company/organisation;
  • telephone numbers; and

In as far as any User provides Tilespace with the Personal Data / Information of a third party, they warrant that they are duly authorised to do so and have established a lawful justification in terms of prevailing Applicable Laws, to share such Personal Data with Tilespace, as well as to enable Tilespace to share such Personal Data with its agents, affiliates and Third Parties. The User agrees that Tilespace may process the Personal Data for all purposes that relate to the use of the Online Environment and the associated Services.

The Personal Data processed by Tilespace may include, but is not limited to the following purposes:

  • verifying the identity of the Users on whose behalf they may perhaps be using the Online Environment;
  • to render the Services;
  • transmitting and receiving necessary correspondence to the Users in relation to the Services;
  • transmitting marketing material to the Users in respect of the Services made available through the Online Environment;
  • to monitor and analyse User conduct in respect of the use of the Online Environment and/or the Services;
  • for compliance and risk purposes;
  • to analyse the Personal Data collected for research and statistical purposes and once such Personal Data is analysed to send the User marketing and promotional material which Tilespace believe may, based on its Processing of the Users’ Personal Data, be relevant to the User and enhance the use of the Services provided on, though, or by means of the Online Environment;
  • to conduct market research, as well as academic research in respect of the Personal Data in order to identify potential markets and trends, to develop new functionality associated with the Services;
  • to aggregate and/or de-identify any Personal Data after analysing it for statistical purposes and/or conducting market and academic research in respect thereof, as aforesaid, and transferring or on-selling such de-identified Personal Data to third parties for commercial or non-commercial means.

The Personal Data shall be retained in the strictest confidence by Tilespace and will only be processed in accordance with Tilespace’ Privacy Policy as well as when necessary to deliver its Services.

The User expressly agrees and acknowledges that any failure to submit the requisite Personal Data may render Tilespace unable to make the Services associated with the Online Environment available and should this arise, the User hereby indemnifies and holds Tilespace harmless against any loss or damage which the User may suffer as a result of Tilespace’ inability to render the Services.

The User acknowledges that through the use of the Online Environment or the Services, which may include completing online forms or contacting Tilespace electronically, Tilespace will in effect be processing the Personal Data relating to the User.

COOKIES AND OTHER SIMILAR AUTOMATED TECHNOLOGIES

When Users interact with Tilespace through the use of the Online Environment, Tilespace obtains certain information using automated technologies and means of Passive Processing, such as Cookies, web server logs, web beacons and other technologies.

We use these automated technologies and means of Passive Processing to collect the User’s device information, internet activity information and inferences as described above. These technologies help Tilespace to:

  • Remember a user’s information so that Users do not have to re-enter it;
  • Track and understand how User’s use and interact with Tilespace’ Online Environment;
  • Tailor Tilespace’ Services to a User’s preferences;
  • Measure how useful and effective Tilespace’ Services and communications are to Users; and
  • Otherwise manage and enhance the Services.

Tilespace does set some of these automated technologies, but others are set by third parties who deliver services on Tilespace behalf. For example, Tilespace may use other companies’ web analytics services (described in the “Third-Party Analytics Services” section below), which use automated technologies to help Tilespace evaluate how Users use our Online Environments.

A User’s browser can issue alerts for when Cookies are placed on their device and how such Cookies can be stopped or disabled via the User’s browser settings. Please note, however, that without Cookies all of the features of the Online Environment may not work properly. If the User uses a mobile device, the User can manage their device and browser share certain device data by changing the privacy and security settings on the mobile device. For Users to learn more about Cookies and how to manage their preferences – visit http://www.allaboutcookies.org

CONTACT INFORMATION FOR THE PARTIES

Full names and legal status:

SILVERPINNACLE TRADING 6 (PTY) LTD trading as TILESPACE

Telephone number:

011 796 5100

E-mail address:

Bronwen.Nunes@tilespace.co.za

css.php