Disclaimers Policy – Ndolena Design SA (Pty) Ltd

Last updated: 01 June 2024

1. General Disclaimer

The information provided by Ndolena Design SA (Pty) Ltd (“we,” “us,” or “our”) on our website https://ndolena.co.za and all associated platforms is for general informational purposes only. While we strive to ensure that all information is accurate, up-to-date, and complete, we make no representations or warranties of any kind, express or implied, regarding the accuracy, reliability, availability, or completeness of the content on our website. You acknowledge that your use of our website and any reliance you place on the information provided is at your own risk.

2. Design and Marketing Results Disclaimer

Ndolena Design makes no guarantees or promises that our services, including but not limited to designs, branding materials, websites, or digital marketing strategies, will lead to any specific results, such as increased sales, website traffic, or improved customer engagement. The performance of any marketing or design services is subject to a variety of factors beyond our control, including the client’s reputation, marketing efforts, industry conditions, and the quality of their products or services.

We provide guidance and design solutions to the best of our professional abilities, but the success of any project is influenced by external variables outside of our control.

3. Third-Party Services and Software

Ndolena Design may integrate third-party services, plugins, or software into your project as part of the agreed-upon deliverables. We are not responsible for any issues, malfunctions, or security vulnerabilities that may arise from third-party platforms, tools, or services used. Any updates, disruptions, or changes made by third-party providers are beyond our control, and we are not liable for any resulting loss or inconvenience.

We also make no guarantees regarding the availability or functionality of third-party services that may be required for your project (e.g., payment gateways, hosting providers). You are responsible for maintaining accounts and complying with the terms of those third-party services.

4. Intellectual Property and Copyright

All content, materials, and designs provided by Ndolena Design are original works created for your specific project, unless otherwise agreed. However, we do not assume liability for any infringement of intellectual property rights that may arise from the client’s use of content or assets provided by them. It is the client’s responsibility to ensure that any text, images, or media they provide for use in their project do not violate the intellectual property rights of third parties.

Ndolena Design reserves the right to refuse projects that may violate copyright or intellectual property laws, and we will not be held accountable for any legal issues arising from the misuse of materials provided by the client.

5. Content and Accuracy

The content included in any projects delivered by Ndolena Design (including text, images, and other media) is based on the information provided by the client. We do not assume responsibility for errors or inaccuracies in the content provided by the client. Clients must ensure the accuracy and legality of all information provided to us.

Any modifications required to correct errors after client approval will incur additional charges.

6. Limitation of Liability

To the fullest extent permitted by law, Ndolena Design will not be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of, or the inability to use, our services, including but not limited to loss of profits, loss of data, or damage to systems.

In no event shall our cumulative liability to you exceed the amount paid for the services in question. This limitation applies to all causes of action, whether in contract, tort (including negligence), or otherwise.

7. Force Majeure

Ndolena Design is not responsible for any delay or failure in performance of services due to events beyond our reasonable control, including but not limited to acts of God, war, strikes, fire, flooding, epidemics, government restrictions, failures in telecommunications, or internet outages. In such cases, we will make reasonable efforts to complete the project once the event has subsided, but we are not liable for any damages or loss incurred as a result of delays caused by such events.

8. No Endorsement

References or links to third-party websites, products, or services on our Site do not imply any endorsement by Ndolena Design. We do not control these third-party websites or services, and you acknowledge that you access them at your own risk. Any dealings with third parties through our Site are solely between you and the third party.

9. Promotional Offers and Discounts

Ndolena Design reserves the right to modify or cancel any promotional offers, discounts, or sales at any time without notice. Offers are subject to specific terms and may vary depending on project scope and timeline. Discounts and offers are non-transferable and cannot be redeemed for cash.

10. Changes to this Disclaimer Policy

Ndolena Design reserves the right to update or modify this Disclaimer Policy at any time. Any changes will be reflected in the “Last Updated” date. Continued use of our services or website following any changes indicates your acceptance of the revised terms.