Thanks for using ruarkmosaicart.co.za
Please read these Terms and conditions carefully. By using ruarkmosaicart.co.za or buying products and services from us, you’re agreeing to these Terms, which will result in a legal agreement between you and ruarkmosaicart.co.za (“Agreement”). We’ll start with the basics, including a few definitions that should help you understand these Terms. ruarkmosaicart.co.za (“Ruark Mosaic Art,” “We,” or “Us”) is an online Art store (“Ecommerce business”) offered through the URL www.ruarkmosaicart.co.za (we’ll refer to it as the “Website”) that allows you to access or buy displayed or advertised services and products. Ruark Mosaic Art has employees, independent contractors, and representatives (“our Team”). As a customer of the website or a representative of an entity that’s a customer of the website, you’re a “User” according to this Agreement (or “you”).
If you have any questions about our Terms, feel free to contact us.
In order to use the Service, you must:
Be at least eighteen (18) years old;
Agree to these Terms;
Provide true, complete, and up-to-date contact and billing information; and
Be responsible for every service you request or any product that you purchase and thereafter.
By using the Service, you represent and warrant that you meet all the requirements listed above, and that you won’t use the Service in a way that violates any laws or regulations. Note that by representing and warranting, you are making a legally enforceable promise.
Ruark Mosaic Art may refuse service, close accounts of any users, and change eligibility requirements at any time.
When you sign up to purchase or when you receive a service, you agree to these Terms and conditions the Agreement between you and Ruark Mosaic Art is formed, and the term of the Agreement (the “Term”) will begin. The Term will continue for as long as you are using the service or have an account or until you or we terminate the Agreement in accordance with these Terms, whichever happens first. Completing the registration process means that you’ve officially “signed” and accepted the Terms of service. If you register for the Service on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms and conditions and enter into the Agreement on its behalf
3. Closing Your Account
You or Ruark Mosaic Art may terminate the Agreement at any time and for any reason by terminating your account or giving notice to the other party. We may suspend the Service to you at any time, with or without cause. If we terminate your account without cause, and your account is a paid account, we’ll refund a prorated portion of your money or reimburse you for all undelivered products. We won’t refund or reimburse you in any other situation, including if your account is suspended or terminated for cause, like a breach or any violation of the Agreement. If your account is inactive for 24 or more months, we may terminate the account. Once your account is terminated, you acknowledge and agree that we may permanently delete your account and all the data associated with it. Usernames are unique and can only be used once. If your account has been terminated, the username will no longer be available for use on any future accounts and cannot be reclaimed
We may change any of the Terms by posting revised Terms of Service on our Website and/or by notifying you of the new Terms by sending an email to the last email address you gave us or displaying a prominent notice within the Service. Unless you terminate your account within 10 days, the new Terms will be effective immediately and apply to any continued or new use of the Service. We may change the Website, the products, the Service, Add-ons, or any features of the Service at any time, and we may discontinue the Website, the products, the Service, Add-ons, or any features of the Service at any time
5. Account and Password
You’re responsible for keeping your account name and passwords confidential. You’re also responsible for any account that you have access to and any activity occurring in such account (other than activity that Ruark Mosaic Art is directly responsible for that isn’t performed in accordance with your instructions), whether or not you authorized that activity. You’ll immediately notify us of any unauthorized access or use of your accounts. We’re not responsible for any losses due to stolen or hacked passwords that are caused by or result from your negligence. We don’t have access to your current password, and for security reasons, we may only provide you with instructions on how to reset your password. We have the right to update any of your contact information in your account for billing purposes. In addition, you represent and warrant that all information you provide to us when you establish an account, and when you access and use the Service, is and will remain complete and accurate.
6. Account Disputes
We don’t know the inner workings of your organization or the nature of your personal relationships. You won’t request access to or information about an account that’s not yours, and you’ll resolve any account-related disputes directly with the other party. We decide who owns an account based on the content in that account, and if multiple people or entities are identified in the content, then we’ll rely on the contact and profile information listed for that account. In cases where differing contact and profile information is present, we’ll require you to resolve the matter through proper channels outside of Ruark Mosaic Art.
When a dispute is identified, we may suspend any account associated with the dispute, including disabling login and listing capabilities, to protect the security and privacy of the data held within the account.
7. Products and Services
When you purchase a product or service, you agree to use it within the scope that is stipulated on our website and on the user manual upon purchase. For services provided on a monthly subscription, you are responsible for making payments on stipulated dates. Failure to do so may result in your services being discontinued or cancelled and may result in penalties, re-connection fees or permanent closure of service.
Our prices for products and services are posted on our Website and may be changed from time to time without any obligation. If you use up your product or service, you have the right to buy another one.
8. Credit Cards and Debit cards
Ruark Mosaic Art does not handle credit card and debit card payments. All payments are handled by registered and competent 3rd party payment gateways that provide extra security to your card information. All transactions are encrypted using appropriate encryption technology. You will be redirected to their web pages to complete your payments on checkout.
Anyone using a credit card represents and warrants that they are authorized to use that credit card, and that any and all charges may be billed to that credit card and won’t be rejected.
Ruark Mosaic Art may from time to time make electronic promotional coupons or discounts (“Coupons”) available for use on the Website towards the purchase of products and services. Coupons can only be redeemed while they are valid and their expiry dates cannot be extended. Coupons do not accrue interest and are not refundable for cash once issued.
Ruark Mosaic Art is not responsible for any harm due to the loss, unauthorized use or unauthorized distribution of a coupon code after we have delivered the coupon code to you or the email address nominated by you.
We do not refund any product or service. We will provide a service until you are satisfied. We will also do it in a manner that we consider reasonable.
We only accept returns for products that are in the state that you bought them at on conditions of 1) The product is completely not what you ordered. 2) The product was delivered in a damaged state. 3) The product is smaller or bigger than the sizes displayed on our website.
All shipping fees to return the product are at your own cost.
12. Proprietary Rights Owned by Us
You will respect our proprietary rights in the Website and the software used to provide the Service (proprietary rights include, but aren’t limited to, patents, trademarks, service marks, trade secrets, copyrights, and other intellectual property). You may only use our brand assets according to our Brand Guidelines.
We have no obligation whatsoever to control how you use the products you purchase from us. We are not responsible for any loss, damage or theft of any listed item on our website whatsoever. It is your responsibility to protect and secure the products and services that you purchase.
Rules and Abuse
14. General Rules
By agreeing to these Terms, you promise to follow these rules:
You won’t send spam! We mean “spam” as it is defined on the Spamhaus website.
Ruark Mosaic Art doesn’t allow accounts with the primary purpose of promoting or inciting harm toward others or the promotion of discriminatory, hateful, or harassing Content. To this end, we may suspend or terminate your account if you send comments or otherwise distribute any Content that we determine, in our sole discretion, contains either of the following:
A Threat of Physical Harm. This means any statement, photograph, advertisement, or other Content that in our sole judgment could be reasonably perceived to threaten, advocate, or incite physical harm to or violence against others.
Hateful Content. This means any statement, image, photograph, advertisement, or other Content that in our sole judgment could be reasonably perceived to harm, threaten, promote the harassment of, promote the intimidation of, promote the abuse of, or promote discrimination against others based solely on race, ethnicity, national origin, sexual orientation, gender, gender identity, religious affiliation, age, disability, disease, or immigration status.
We also may suspend or terminate your account if we determine, in our sole discretion, that you are either:
an organization that has publicly stated or acknowledged that its goals, objectives, positions, or founding tenets include statements or principles that could be reasonably perceived to advocate, encourage, or sponsor Hateful Content or A Threat of Physical Harm;
a person that has publicly made a comment or statement, or otherwise publicly made known a position, including by membership in an organization as discussed above, that could be reasonably perceived as Hateful Content or A Threat of Physical Harm; or
A person or organization that has acted in such a way as could be reasonably perceived to support, encourage, or represent Fraud, theft, or scam.
If you violate any of these rules, then we may suspend or terminate your account.
15. Reporting Abuse
If you think anyone is violating any of these Terms, please notify us immediately. If you received spam you think came from a Ruark Mosaic Art user, please report it to us. If you think anyone has posted material that violates any protected marks or copyrights, then you can notify us through our Contact us page.
16. Compliance with Laws
You represent and warrant that your use of the Service will comply with all applicable laws and regulations. You’re responsible for determining whether the Service is suitable for you to use in light of your obligations under any regulations or other applicable laws.
You agree to indemnify and hold us harmless from any losses, including all legal fees and expenses that result from your breach of this Section 15.
17. Limitation of Liability
To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of the Website and the products, including any downloads from the Website. We and our Team won’t be liable for any indirect, punitive, special, or consequential damages, losses or theft under any circumstances, even if they’re based on negligence or we’ve been advised of the possibility of those Losses.
In addition, for the avoidance of doubt, in no instance will we or our Team be liable for any losses or damages you suffer when using the service.
18. No Warranties
To the maximum extent permitted by law, we provide the Website and the Products as-is. This means that, except as expressly stated in these Terms, we don’t provide warranties, conditions, or undertakings of any kind in relation to the Website and/or products, either express or implied. This includes, but isn’t limited to, warranties of merchantability and fitness for a particular purpose, which are to the fullest extent permitted by law, excluded from the Agreement. Since customers use the products for a variety of reasons, we can’t guarantee that it’ll meet your specific needs.
You agree to indemnify and hold us and our Team harmless from any losses, including legal fees and expenses that directly or indirectly result from any claims you make that aren’t allowed under these Terms due to a “Limitation of Liability” or other provision. (Indemnity is an agreement to compensate someone for a loss.) You also agree to indemnify and hold us harmless from any losses, including legal fees and expenses, that directly or indirectly result from (a) your Content, (b) your use of the Service, (c) your violation of any laws or regulations, (d) third-party claims that you or someone using your password did something that, if true, would violate any of these Terms, (e) any misrepresentations made by you, or (f) a breach of any representations or warranties you’ve made to us.
20. Legal Fees and Expenses
If we file an action against you claiming you breached these Terms and we prevail, we’re entitled to recover all reasonable legal fees, expenses, and any damages or other relief we may be awarded.
21. Equitable Relief
If you violate these Terms, then we may seek injunctive relief (meaning we may request a court order to stop you) or other equitable relief.
22. Subpoena Fees
If we have to provide information in response to a subpoena, court order, or other legal, governmental, or regulatory inquiry related to your account, then we may charge you for our costs. These fees may include attorney and employee time spent retrieving the records, preparing documents, and participating in a deposition.
We and our Team aren’t responsible for the behavior of any third parties, linked websites, or other Users.
You may not assign any of your rights under this agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.
25. Force Majeure
We won’t be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers, or third-party internet service providers.
Even if this Agreement is terminated, the following sections will continue to apply: Proprietary Rights Owned by Us, Proprietary Rights Owned by You, Compliance with Laws, Limitation of Liability, No Warranties, Indemnity, Severability, and Entire Agreement.
If it turns out that a section of these Terms isn’t enforceable, then that section will be removed or edited as little as required, and the rest of the Agreement will still be valid.
28. Amendments and Waiver
Amendments or changes to the Agreement won’t be effective until we post revised Terms on the Website. If we don’t immediately take action on a violation of these Terms, we’re not giving up any rights under the Terms, and we may still take action at some point.
29. No Changes in Terms at Request of User
Because we have so many Users, we can’t change these Terms for any one User or group.
30. Further Actions
You’ll provide all documents and take any actions necessary to meet your obligations under these Terms.
31. Notification of Security Breach
In the event of a security breach that may affect you or other, we’ll notify you of the breach once we have determined, in our discretion, that it occurred and will provide a description of what happened.
Any notice to you will be effective when we send it to the last email, contact number or physical address you gave us or when posted on our Website.
33. Entire Agreement
The Agreement and any Additional Terms you’ve agreed to by enabling any Add-ons make up the entire agreement between us in relation to its subject matter and supersede all prior agreements, representations, and understandings. Any Additional Terms will be considered incorporated into the Agreement when you activate the corresponding Add-on.
Where there’s a conflict between these Terms and the Additional Terms, the Additional Terms will control to the extent of the conflict.
Congratulations! You’ve reached the end.
Thanks for taking the time to learn about Ruark Mosaic Art policies.
Updated September 4, 2020.