Terms of service

Terms and Conditions for The Created Website

Welcome to The Created, an online platform provided by JAG Venture Pty (Ltd) t/a The Created. These Terms and Conditions govern your use of our website (referred to as the "Platform"). Please take the time to carefully review these terms, as they outline the rules and guidelines for using our services.

These terms apply to users defined as consumers under the Consumer Protection Act, No. 68 of 2008 (the "CPA"). If you find any provision in these Terms and Conditions unclear, it is your responsibility to seek clarification from us before accepting the Terms or continuing to use the Platform. These terms do not intend to unlawfully limit your rights under the CPA.

By using our Platform, you agree to be bound by these Terms and Conditions and our Privacy Policy. If you do not agree with these terms, please refrain from using the Platform.

  1. Privacy Policy

Protecting your privacy with respect to personal information collected during your use of the Platform is important to us. By continuing to use the Platform, you agree to the terms and conditions outlined in our Privacy Policy and consent to the collection and use of your personal information as described. If you disagree with our Privacy Policy, please discontinue your use of the Platform. Our Privacy Policy is available here:

  1. Using the Platform

We operate as an online shop that markets, promotes, and sells various products. Our Platform is accessible from both computers and mobile devices. You are assumed to understand your device's capabilities and the associated terms and conditions.

  • You agree not to disrupt the proper functioning of the Platform. Use of any automated tools to monitor, copy, distribute, or modify the Platform's content without prior written consent from an authorized The Created representative is prohibited.
  • Engaging in illegal activities on the Platform is strictly forbidden.
  • Do not use our content for the benefit of other websites or applications without obtaining express written consent from an authorized The Created representative. Reverse engineering, disassembling, decompiling, decrypting, or revealing the source code is also prohibited.
  • Use the Platform solely for personal purposes.
  • Location data provided by the Platform must be used in accordance with its defined purpose.
  • The Company reserves the right to limit, disconnect, or terminate your access to the Platform in cases of abuse or misuse.

To the extent permitted by law, you agree to indemnify the Company, its employees, directors, and associates against direct losses, including but not limited to injury, illness, loss of limb, loss of life, financial losses, property loss, emotional distress, and reputation risk arising from your use of the Platform.

  1. Products Purchased on or through the Platform
  • If you have concerns or queries about products purchased through the Platform, please contact The Created at info@thecreated.co.za or through the contact form on the Platform.
  • All exchanges, returns, or refunds must be coordinated directly with The Created by contacting info@thecreated.co.za or using the contact form on the Platform.
  • Prepaid certificates, cards, credit, vouchers, or similar items purchased through the Platform expire either upon full redemption or after three years from the date of issue.

Exceptions / non-returnable items
Certain types of items cannot be returned, like custom products (such as special orders or personalized items) or final sale items. Please get in touch if you have questions or concerns about your specific item. 

  • Earrings: For hygiene reasons, earrings are non-exchangeable and non-refundable.

  • Necklaces: Necklaces are non-exchangeable and non-refundable.

  • Sale items or gift cards: All sale items are final sale and cannot be returned or exchanged, including Black Friday sale items.

  1. Ownership and Copyright
  • The contents of the Platform, including information, software, icons, text, graphics, layouts, images, sound clips, trade names, logos, trademarks, and service marks, are protected by intellectual property, copyright, and trademark laws. These are owned by or licensed to the Company. You are not granted any license or rights to these contents. Unauthorized use, distribution, or reproduction is prohibited.
  • Material, logos, and trademarks from third parties available for download on the Platform are subject to the intellectual property rights of those third parties. By downloading such material, you do not acquire any intellectual property rights. The Company grants you a non-exclusive, perpetual license for personal display on your device, but sharing downloaded material with others is not allowed.
  1. Disclaimers
  • Your use of the Platform and reliance on its content is at your own risk. While the Company makes reasonable efforts to ensure the accuracy and completeness of the content, no representations or warranties, whether express or implied, are made regarding the quality, timeliness, operation, integrity, availability, functionality, accuracy, completeness, or reliability of the Platform.
  • All information on the Platform is provided "as is" without warranty of any kind, including implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as allowed by law. The Company is not responsible for errors or omissions on the Platform.
  • In addition to the disclaimers within these Terms and Conditions, the Company makes no warranty or representation, express or implied, that information or files on the Platform are free from viruses, spyware, malware, trojans, destructive materials, or any other data or code that may corrupt, destroy, compromise, or jeopardize your computer system, network, hardware, or software.
  • Compatibility with your device is not guaranteed. The service is subject to constraints imposed by data and information carriers. The Company is not liable for voice call failures, late or undelivered data, or other constraints.
  1. Third Party Websites

The Platform may include links or references to Third Party Websites outside our control. These Terms and Conditions do not apply to those Third Party Websites, and the Company is not responsible for their practices, privacy policies, or use of cookies. Use of Third Party Websites is at your own risk, and the Company is not responsible for any loss, expense, claim, or damage arising from such use.

  1. Limitation of Liability

The Company is not liable for direct, indirect, incidental, special, or consequential injury, loss, or damages arising from your use of the Platform or any linked third-party website, unless such loss or damages result from the Company's gross negligence. You indemnify the Company against any loss, claim, or damage arising from your use of the Platform or linked third-party websites.

  1. Changes

The Company reserves the right to update or amend these Terms and Conditions without notice. You are encouraged to check the Platform regularly. Your continued use of the Platform after updated or amended Terms and Conditions are displayed constitutes your acceptance of these changes.

  1. Availability and Termination

The Company strives to maintain the availability of the Platform, except during scheduled maintenance periods, and reserves the right to discontinue the Platform with or without notice.

The Company may terminate, suspend, or modify the Platform at its sole discretion, with or without notice, and will not be liable for such actions.

  1. Governing Law

These Terms and Conditions are governed by South African law. Your continued use of the Platform implies your consent to the jurisdiction of South African courts for any disputes related to these Terms and Conditions.

General

  • You may not transfer your rights and obligations under these Terms and Conditions to a third party.
  • Failure to enforce any right under these Terms and Conditions does not constitute a waiver of that right.
  • If any term or condition in these Terms and Conditions is declared invalid, the remaining Terms and Conditions remain in effect.
  • No indulgence, extension of time, relaxation, or latitude shown by either party constitutes a waiver of their rights.
  • These Terms and Conditions constitute the entire agreement between you and the Company. No other warranty or undertaking is valid unless contained in these Terms and Conditions.
  • For legal correspondence, our address is 441 Acorn Road, Lynnwood, Pretoria, Gauteng, 0081, South Africa.
  • For questions or inquiries about these Terms and Conditions, please contact us at info@thecreated.co.za.