WEBSITE TERMS OF USE

ABOUT THE TERMS

• These Terms are entered into between you and Memory Box Co ("we", "us", or "our"), a company incorporated in South Africa under registration number 2021/67234/07. This document sets out the terms ("Terms") that govern your (the "User" or "you") use of Memory Box Co and all relevant engagement channels including mobile sites and software applications ("Website").
• These Terms must, at all times, be read with the Memory Box Co Privacy Policy which can be accessed here ("Privacy Policy").
• By using the Website, you expressly agree to be bound by and to comply with these Terms, the Privacy Policy and any additional or amended or updated terms and conditions that we may prescribe from time to time. If you do not agree, please refrain from using the Website.
• We may change, vary, amend or update the Website (or any content thereon), these Terms, and/or the Privacy Policy from time to time at our sole discretion without notice to you ("Memory Box Co Documents"). Changes, variations, amendments or updates will be effective upon posting to the Website. It is your responsibility to review these Terms and the Privacy Policy each time you use the Website. Your continued use of the Website constitutes acceptance of the changed, varied, amended or updated Memory Box Co Documents.
• To use the Website you must be: (i) at least 18 years old or have the consent of a parent or guardian if you are under 18 years old; and (ii) have legal capacity to enter into contracts. If you do not satisfy these requirements then you may not use the Website.

ABOUT MEMORY BOX CO

• We design, create, and sell customised photo products, including photo books, based on content uploaded or submitted by customers. All products are made to order.
• Nothing in these Terms is intended to limit or exclude any rights you may have under the Consumer Protection Act 68 of 2008 ("CPA").
• Where there is a conflict between these Terms and the CPA, the CPA will apply.

PROTECTION OF PERSONAL INFORMATION

• We process personal information in accordance with the Protection of Personal Information Act 4 of 2013 (POPIA).
• Personal information is collected only for:
  • Order fulfilment
  • Payment processing
  • Customer communication
  • Legal and regulatory compliance
• The Privacy Policy is aimed at providing you with information on the nature of personal information we collect, the purpose for collection, how we process your personal information and the measures that we undertake to ensure that your personal information is secured, and its confidentiality safeguarded.

CONFIDENTIALITY

• Any personal information, images, designs, or order details shared with us are treated as confidential.
• We will not disclose customer information to third parties except:
  • To fulfil orders (e.g. couriers, payment processors)
  • Where required by law or regulation
  • With customer consent
• This obligation survives termination of these Terms.

YOUR USE OF THE WEBSITE

• By using the Website, you confirm that all content you upload:
  • Is lawful
  • Does not infringe third-party rights
  • Is owned by you or used with permission
• Prohibited uses of the Website include, but are not limited to:
  • engaging in activities that are unlawful, fraudulent, harmful, misleading, or have an improper or immoral purpose or effect;
  • threatening, stalking, defrauding, harassing, or otherwise interfering with the use of the Website by others;
  • transmitting unsolicited advertising, promotional materials, or any similar forms of solicitation, including spam or junk mail;
  • hosting, transmitting, or sharing defamatory, obscene, offensive, or otherwise inappropriate materials, including those that incite harm or discrimination based on race, religion, creed, gender, or other protected characteristics;
  • soliciting personal information from minors or causing harm or posing threats to minors;
  • Pornographic, sexually explicit, or obscene
  • Abusive, hateful, or discriminatory
  • Related to child exploitation
  • Unlawful or misleading
• We reserve the right to reject, suspend, or cancel any order that violates this clause. In such cases, no refund will be issued.

COOKIES

• We use cookies to:
  • Enable website functionality
  • Improve performance and analytics
  • Enhance user experience
• By using the Website, you consent to our use of cookies in accordance with our Privacy Policy.

INTELLECTUAL PROPERTY

• All Website content, branding, and designs (excluding customer uploads) remain our intellectual property.
• Customers retain ownership of uploaded content but grant us a limited, non-exclusive licence to use it solely for order fulfilment.
• For the purpose of these Terms, "Intellectual Property" means all and any intellectual property of any kind including, (without limitation) patents, petty patents, utility models, trade marks, service marks, trade and business names etc.
• Interest in and to any materials and Intellectual Property rights in and to the Website and the contents therein, shall at all times remain Memory Box Co's sole property.
• You shall not, by virtue of these Terms, obtain or claim any right, title or interest in or to Memory Box Co's Intellectual Property.
• You may not:
  • use, modify, copy, translate or otherwise reproduce the Website and the contents therein or any part thereof, or any other related material provided by Memory Box Co to you;
  • make the Website and the contents therein or any part thereof available to any third parties;
  • adapt, develop, create any derivative work, reverse engineer, disassemble or carry out any act otherwise restricted by copyright or other Applicable Laws relating to the Intellectual Property in respect of the Memory Box Co's Intellectual Property.

LIMITATION OF LIABILITY

• Subject to clause 8.2 and to the extent permitted under appliable law, in no event shall Memory Box Co and/or its agents, officers, subsidiaries, holding companies, affiliates, successors, assigns, directors, service providers, suppliers, employees or representatives be liable for any direct, indirect, punitive, incidental, special, or consequential loss or damages which you, or any third party, may suffer or incur arising out of or in any way connected with the use (or inability to use), access or reliance on the Website.
• Nothing in this Agreement shall limit or exclude Memory Box Co's liability which cannot be limited or excluded by applicable law.
• Our liability is limited to the amount paid for the affected product

DISCLAIMER

• To the extent permitted by applicable law, Memory Box Co makes no warranty, whether express or implied, regarding the Website including, without limitation, no representation or warranty as to the operation, integrity, compatibility, suitability, availability or functionality.
• Memory Box Co will not be responsible for any:
  • reliance on any of the information, content, tools, or materials that is obtained from the Website;
  • inaccurate, incomplete, or inadequate information obtained from the Website; or

IMAGE AND PRINT QUALITY DISCLAIMER

• Final printed products may differ slightly from on-screen previews due to:
  • Colour calibration differences
  • Print materials and finishes
  • Production processes
• We are not responsible for poor results caused by:
  • Low-resolution or blurry images you provide
  • Incorrect cropping or layout chosen by the customer
  • Images supplied by third parties
• Minor colour or quality variations do not constitute a defect under the CPA does not automatically entitle the customer to cancellation or refund.

INDEMNITY

• You agree to fully indemnify and hold Memory Box Co and/or its agents, officers, subsidiaries, holding companies, affiliates, successors, assigns, directors, service providers, suppliers, employees or representatives, harmless from and against any and all claims, damages, losses, costs or expenses relating to:
  • your use, access or reliance on the Website;
  • your violation of third party intellectual property rights; and
  • your breach of these Terms or the Privacy Policy

PRICING AND PAYMENTS

• Prices are displayed on the Memory Box Co website in South African Rand (ZAR).
• Payments are securely processed via Paystack.
• We accept Visa and Mastercard debit and credit cards.
• Orders will not enter production until payment is confirmed.

ORDERS, CUSTOMISATION AND APPROVAL

• Orders are only confirmed once full payment has been received.
• Because products are customised:
  • Orders cannot be cancelled or changed once production has begun
  • Customers must review all designs, images, spelling, and layouts before checkout
• Any errors approved at checkout are deemed accepted by the customer.

SHIPPING, DELIVERY AND COURIERS

• Orders are typically dispatched within three (3) weeks from order placement and successful payment.
• Delivery times are estimates and may vary due to:
  • Courier performance
  • Location
  • External factors beyond our control
• We use independent third-party couriers. Once dispatched, delivery is subject to the courier's terms.
• Risk of loss transfers to the customer upon delivery to the address provided.

DELIVERY DELAYS AND FORCE MAJEURE

• We are not liable for delays or failure to perform caused by events beyond our reasonable control, including but not limited to: Load shedding, Courier disruptions, Natural disasters, Government action, Labour unrest, Supplier, system failures, Pandemics and Epidemics.
• Such delays do not automatically entitle the customer to cancellation or refund, unless required by the CPA.

REFUNDS, RETURNS AND DEFECTS

Valid Claims

• Refunds, replacements, or reprints will only be considered where:
  • The product is materially defective
  • There is a printing or manufacturing error caused by us

Exclusions

• No refunds or returns will be accepted where issues arise due to:
  • Customer-approved designs or errors
  • Poor image quality supplied by the customer
  • Normal wear and tear
  • Customer negligence or misuse

Claims Process

• Claims must be submitted in writing to Memory Box Co within 7 business days of delivery
• Photographic evidence is required
• We reserve the right to inspect returned items
• Returns must be made with the product in good order and sent back to Memory Box Co via courier at your own cost.
• Remedies may include repair, replacement, or refund, at our sole discretion and in line with the CPA.

CHARGEBACKS

• Chargebacks initiated through card providers are governed by Visa and Mastercard rules.
• We reserve the right to dispute chargebacks where:
  • The order was fulfilled correctly
  • The dispute arises from customer negligence or misuse
• Unjustified or excessive chargebacks may result in account suspension or a dispute.

GENERAL

• These Terms is to be governed, interpreted and implemented in accordance with the laws of South Africa.
• You consent to the non-exclusive jurisdiction of the Magistrates Court of South Africa, for any proceedings arising out of or in connection with these Terms.
• The grant of any indulgence, extension of time or relaxation of any provision by Memory Box Co under these Terms shall not constitute a waiver of any right by us or prevent or adversely affect the exercise by us of any existing or future right of ours.
• Any provision in these Terms which is or may become illegal, invalid or unenforceable shall be ineffective to the extent of such prohibition or unenforceability and shall be treated as having not been written and severed from the balance of these Terms, without invalidating the remaining provisions of these Terms or affecting the validity or enforceability of such provision.
• You may not cede any or all of its rights or delegate any or all of its obligations under these Terms.
• We may update these Terms from time to time. Continued use of the Website constitutes acceptance of the updated Terms.

CONTACTING MEMORY BOX CO

• Name: Memory Box Co Money Proprietary Limited, a company incorporated in South Africa under registration number 2021/67234/07;
• Address for legal notices: admin@memoryboxco.co.za
• Website: www.memoryboxco.co.za
• Contact us or by emailing admin@memoryboxco.co.za email for general disputes
• Tel: +27 63 612 3462