Table of Contents

1. Our Services  

2. Intellectual Property Rights  

3. User Representations  

4. Products  

5. Purchases and Payment  

6. Return Policy  

7. Prohibited Activities  

8. User-Generated Contributions  

9. Contribution License  

10. Services Management  

11. Privacy Policy  

12. Term and Termination  

13. Modifications and Interruptions  

14. Governing Law  

15. Dispute Resolution  

16. Corrections  

17. Disclaimer  

18. Limitations of Liability  

19. Indemnification  

20. User Data  

21. Electronic Communications, Transactions, and Signatures  

22. Miscellaneous  

23. Contact Us  

1. OUR SERVICES

The information offered through the Services isn’t meant for distribution or use by anyone in places where doing so would break the law or require us to register under local rules. If you choose to access the Services from somewhere else, you do so at your own risk and are fully responsible for following any local laws that apply.

2. INTELLECTUAL PROPERTY RIGHTS

Our intellectual property

We own or hold licenses for all intellectual property rights in our Services, which include all source code, databases, features, software, website designs, audio, video, text, photos, and graphics (together, the "Content"), along with the trademarks, service marks, and logos (the "Marks"). 

Our Content and Marks are protected by copyright, trademark, and other intellectual property and unfair competition laws, as well as international treaties. 

The Content and Marks are provided through the Services on an “AS IS” basis for personal, non-commercial use or internal business purposes only.

As long as you follow these Legal Terms, including the “Prohibited Activities” section, you get a non-exclusive, non-transferable, revocable license to access our Services and download or print any Content you’re allowed to access, strictly for personal, non-commercial, or internal business use. Unless stated here or elsewhere in our Legal Terms, you can’t copy, reproduce, republish, post, display, translate, distribute, sell, license, or otherwise use any part of the Services, Content, or Marks for commercial purposes without our written permission. For any other use, contact us at signs@ngonisigns.com. If we give permission to post or display our Services or Content, you must credit us at http://www.ngonisigns.com. All rights not granted to you are reserved, and breaking these Intellectual Property Rights will be a serious violation of our Legal Terms, ending your right to use our Services immediately.

Your submissions

Before using our Services, please read this section and the “PROHIBITED ACTIVITIES” section to understand (a) the rights you give us and (b) your responsibilities when posting or uploading content through the Services.

Submissions: By sending us any questions, comments, suggestions, ideas, feedback, or other information about the Services (“Submissions”), you agree to give us all intellectual property rights to that Submission. We will own it and can use or share it for any lawful purpose, commercial or otherwise, without acknowledgment or payment to you.

Your responsibility: When you send Submissions through any part of the Services, you confirm you’ve read and agree to our “PROHIBITED ACTIVITIES” and won’t post, send, publish, upload, or transmit anything illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening, sexually explicit, false, inaccurate, deceitful, or misleading.

As allowed by law, you waive any moral rights to your Submission; you confirm it’s original to you or you have the necessary rights and licenses to share it, and you have full authority to grant us those rights. You also confirm your Submission isn’t confidential.

You’re solely responsible for your Submissions and agree to cover any losses we incur due to your breach of (a) this section, (b) someone else’s intellectual property rights, or (c) applicable law.

3. USER REPRESENTATIONS

By using the Services, you represent and warrant that (1) you have the legal capacity and agree to comply with these Terms; (2) you are not a minor in the jurisdiction where you reside, or, if you are a minor, you have received parental permission to use the Services; (3) you will not access the Services through automated or non-human means, such as bots, scripts, or otherwise; (4) you will not use the Services for any illegal or unauthorized purpose; and (5) your use of the Services will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we reserve the right to suspend or terminate your account and refuse any current or future use of the Services (or any part thereof).

4. PRODUCTS

We make every effort to display as accurately as possible the colors, features, specifications, and details of the products available through the Services. However, we cannot guarantee that the colors, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of errors, and your electronic display may not accurately reflect the actual colors and details of the products. All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.

5. PURCHASES AND PAYMENT

We accept the following forms of payment - Visa.

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so we can complete your transactions and contact you as needed. Sales tax will be added to purchase prices as required by us. We may change prices at any time. All payments shall be in ZAR.

You agree to pay all charges at the prices in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for such amounts upon placing your order. We reserve the right to correct any pricing errors or mistakes, even if we have already requested or received payment.

We reserve the right to refuse any order placed through the Services. We may, at our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed under the same customer account, the same payment method, and/or using the same billing or shipping address. We also reserve the right to limit or prohibit orders that, in our judgment, appear to be placed by dealers, resellers, or distributors.

6. RETURN POLICY

Please review our Return Policy posted on the Services prior to making any purchases.

7. PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than those we make available. The Services may not be used in connection with any commercial endeavors except those specifically endorsed or approved by us.

As a user of the Services, you agree not to:

Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without our written permission.

Trick, defraud, or mislead us and other users, especially in any attempt to gain sensitive account information such as user passwords.

Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any content or enforce limitations on the use of the Services and/or the content contained therein.

Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.

Use any information obtained from the Services to harass, abuse, or harm another person.

Make improper use of our support services or submit false reports of abuse or misconduct.

Use the Services in a manner inconsistent with any applicable laws or regulations.

Engage in unauthorized framing of or linking to the Services.

Upload or attempt to upload or transmit viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party's uninterrupted use and enjoyment of the Services, or that modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.

Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering tools.

Do not remove copyright or other proprietary rights notices from any content or extraction tools. Do not impersonate another user or use someone else’s username. Avoid uploading or transmitting any materials that serve as passive or active information collection or transmission mechanisms, including but not limited to GIFs, 1x1 pixels, web bugs, cookies, or similar devices (sometimes called “spyware,” “passive collection mechanisms,” or “pcms”). Do not interfere with, disrupt, or place undue burden on the Services or related networks. Do not harass, annoy, intimidate, or threaten our employees or agents. Do not attempt to bypass security measures designed to restrict access to the Services. Do not copy or adapt the Services’ software, including Flash, PHP, HTML, JavaScript, or other code, or attempt to decipher, decompile, disassemble, or reverse engineer it except as allowed by applicable law. Avoid unauthorized uses of the Services, such as collecting usernames or email addresses for unsolicited emails, creating accounts through automated means or false pretenses, or using the Services to compete with us or for commercial gain. Do not sell or transfer your profile.

8. USER GENERATED CONTRIBUTIONS

The Services do not allow users to directly submit or post content, but we may give you the chance to create, share, post, display, send, perform, publish, distribute, or broadcast content and materials to us or on the Services. This can include text, writings, videos, audio, photos, graphics, comments, suggestions, personal information, or other material (collectively referred to as "Contributions"). Contributions may be visible to other users of the Services and on third-party websites, and any Contributions you send may be handled according to the Services' Privacy Policy. By creating or sharing any Contributions, you confirm and guarantee that:

The creation, distribution, transmission, public display or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe on the proprietary rights—such as copyright, patent, trademark, trade secret, or moral rights—of any third party.

You are either the creator and owner of your Contributions or have the necessary licenses, rights, consents, releases, and permissions to use them and to allow us, the Services, and other users to use them in ways described by the Services and these Legal Terms.

You have the written consent, release, and/or permission of every identifiable person in your Contributions to use their name or likeness for inclusion and use of your Contributions in any way described by the Services and these Legal Terms.

Your Contributions are not false, inaccurate, or misleading.

Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other similar forms of solicitation.

Your Contributions are not used to harass or threaten others (in the legal sense of those terms).

9. CONTRIBUTION LICENSE

You and the Services agree that we may access, store, process, and use any information and personal data you provide in line with the Privacy Policy and your chosen settings.

By sending us suggestions or feedback about the Services, you agree that we can use and share that feedback for any purpose without offering compensation.

We don’t claim ownership of your Contributions—you keep full rights to them, including any intellectual property or proprietary rights. We’re not responsible for any statements or representations you make in your Contributions on the Services. You’re solely responsible for your Contributions and agree to release us from any liability and not pursue legal action against us regarding them.

10. SERVICES MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Services for any violations of these Legal Terms; (2) take legal action, at our discretion, against anyone who violates the law or these Terms, including, if necessary, reporting them to law enforcement; (3) refuse, limit, or disable access to any of your Contributions, in whole or in part, if we see fit; (4) remove or disable any files or content that are too large or place an unreasonable burden on our systems; and (5) otherwise manage the Services to protect our rights, property, and ensure smooth operation.

11. PRIVACY POLICY

We value your privacy and data security. Please review our Privacy Policy: https://cms.sitejet.io/2563785# By using the Services, you agree to the terms in our Privacy Policy, which forms part of these Legal Terms. Note that the Services are hosted in South Africa. If you use the Services from outside South Africa, where personal data laws differ, you are agreeing to have your data transferred to and processed in South Africa.

12. Term and Termination

These Legal Terms will remain in effect as long as you use the Services. Without limiting any other part of these terms, we reserve the right, at our sole discretion and without notice or liability, to deny access to and use of the Services (including blocking certain IP addresses) to anyone, for any reason or no reason at all. This includes, but is not limited to, violations of any representation, warranty, or agreement in these Legal Terms, or any applicable law or regulation. We may also terminate your use or participation in the Services or delete any content or information you have posted at any time, without warning, at our sole discretion.

If we terminate or suspend your account for any reason, you are not allowed to register or create a new account under your name, a fake or borrowed name, or the name of any third party, even if you are acting on their behalf. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including pursuing civil, criminal, and injunctive remedies.

13. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove any part of the Services at any time, for any reason, and at our sole discretion, without notice. We are not obligated to update any information on our Services. We may also choose to modify or discontinue all or part of the Services without notice at any time, and we will not be liable to you or any third party for any changes, price adjustments, suspensions, or discontinuations.

We cannot guarantee the Services will always be available. At times, we may encounter hardware, software, or other issues, or need to perform maintenance, which could result in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time, without prior notice. You agree that we are not responsible for any loss, damage, or inconvenience caused by your inability to access or use the Services during downtime or discontinuation. Nothing in these Legal Terms obligates us to maintain or support the Services, or to provide corrections, updates, or releases.

These Legal Terms are governed by and defined in accordance with the laws of South Africa. Ngoni Signs Pty Ltd and you irrevocably agree that the courts of South Africa have exclusive jurisdiction to settle any disputes that may arise in connection with these Legal Terms.

15. DISPUTE RESOLUTION

Informal Negotiations

To help resolve and manage the cost of any dispute, controversy, or claim related to these Legal Terms (each a "Dispute" and collectively, the "Disputes") raised by either you or us (individually, a "Party" and together, the "Parties"), the Parties agree to first try to settle any Dispute (except those specifically noted below) informally for at least thirty (30) days before starting arbitration. These informal negotiations begin when one Party sends written notice to the other Party.

Binding Arbitration

Any dispute related to these Legal Terms, including questions about their existence, validity, or termination, will be referred to and finally settled by the South African government in accordance with its Rules, which are considered part of this clause. There will be three (3) arbitrators. The seat, or legal location, of arbitration will be Durban, South Africa. The proceedings will be conducted in English, and the governing law will be the substantive law of South Africa.

Restrictions

The Parties agree that arbitration will be limited to disputes between them individually. To the fullest extent allowed by law: (a) no arbitration will be combined with any other proceeding; (b) there is no right or authority to arbitrate any dispute on a class-action basis or to use class-action procedures; and (c) there is no right or authority to bring any dispute in a representative capacity on behalf of the public or any other individuals.

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations or binding arbitration: (a) any Dispute seeking to enforce or protect, or concerning the validity of, any intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, neither Party will elect to arbitrate any Dispute falling within the portion deemed illegal or unenforceable, and such Dispute will be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, with the Parties agreeing to submit to the personal jurisdiction of that court.

16. CORRECTIONS

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and other details. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

17. Disclaimer

The services are provided on an “as is” and “as available” basis. By using them, you agree it’s at your own risk. To the fullest extent allowed by law, we disclaim all warranties—express or implied—related to the services and your use of them, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non‑infringement. We make no guarantees about the accuracy or completeness of the services’ content or the content of any linked websites or mobile apps, and we won’t be liable for (1) errors, mistakes, or inaccuracies in content or materials, (2) personal injury or property damage from using the services, (3) unauthorized access to or use of our secure servers or any personal/financial information stored there, (4) interruptions or stoppages in transmissions to or from the services, (5) bugs, viruses, trojan horses, or similar issues transmitted by third parties, or (6) errors or omissions in content or materials, or any loss/damage caused by using any content posted, sent, or made available via the services. We don’t warrant, endorse, or take responsibility for any product or service advertised or offered by a third party through the services, any linked site, or any site/mobile app featured in ads, and we won’t be part of or responsible for monitoring any transaction between you and third‑party product or service providers. As with any purchase in any setting, you should use your best judgment and exercise caution where needed.

18. LIMITATIONS OF LIABILITY

In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the services, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever, regardless of the form of the action, will at all times be limited to the lesser of the amount paid, if any, by you to us during the twelve (12) month period prior to any cause of action arising, or R2 000. Certain South African state laws and international laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply, and you may have additional rights.

19. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of (1) your use of the Services; (2) your breach of these Legal Terms; (3) any breach of your representations and warranties set forth in these Legal Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will make reasonable efforts to notify you of any such claim, action, or proceeding subject to this indemnification upon becoming aware of it.

20. USER DATA

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data related to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action.

21. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature, delivery, or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

22. MISCELLANEOUS

These Legal Terms, along with any policies or operating rules posted by us on or in connection with the Services, represent the entire agreement and understanding between you and us. Our failure to enforce or exercise any right or provision of these Legal Terms will not be considered a waiver of such right or provision. These Legal Terms apply to the fullest extent permitted by law. We may assign any or all of our rights and obligations to others at any time. We are not responsible or liable for any loss, damage, delay, or failure to act caused by circumstances beyond our reasonable control. If any provision or part of a provision of these Legal Terms is found to be unlawful, void, or unenforceable, that part will be considered severable and will not affect the validity and enforceability of the remaining provisions. No joint venture, partnership, employment, or agency relationship is created between you and us by these Legal Terms or your use of the Services. You agree that these Legal Terms will not be interpreted against us simply because we drafted them, and you waive any defenses related to their electronic form or the absence of physical signatures by the parties.

23. CONTACT US

To make a complaint about the services or to get more information about using them, please contact us at:

Ngoni Signs Pty Ltd  

46 Topham Rd, Havenside, Chatsworth  

Durban, KwaZulu-Natal 4002  

South Africa  

Phone: 081 283 9897  

Email: signst@ngonisigns.com