We may use the Personal Information we collect in a variety of ways, including but not limited to:
11.1. Provide you with the best customer experience possible;
11.2. Provide the products and services you purchase, and to respond to your questions;
11.3. Communicate with you regarding purchases, registrations, special events, and promotions;
11.4. Deliver customised content and advertising that may be of interest to you, and remember you when you visit our Sites;
11.5. Address network integrity and security issues;
11.6. Respond to your requests, questions, and/or comments;
11.7. Perform data analyses (including market and consumer research, and trend analyses).
12. Personal information we share with others
12.2. 12AM STUDIO may share your personal information with non-12AM STUDIO companies that perform services on our behalf, as necessary for them to perform those services (i.e. payment processing, shipping, etc.). 12AM STUDIO requires those non-12AM STUDIO companies to have reasonable safeguards in place to protect any Personal Information they may receive in a manner consistent with applicable law.
12.3. Further, 12AM STUDIO may share information collected by cookies and other automated means with sites you link to from the Sites, or with social media providers (such as Twitter, Facebook, and Google+) that you visit by clicking through from our Sites. Please note that while 12AM STUDIO does not capture or store your login information or any other personally identifiable information for social networks if you link to those through our Sites, their websites may store session information or cookies on your computer or wireless phone. Social media is further discussed below.
12.4. In Other Circumstances: Other than as noted above, we may be required to share your Personal Information for purposes such as complying with court orders or law enforcement; assisting with identity verification, and to prevent fraud and identity theft; selling 12AM STUDIO’s assets, or in process of arranging for the dissolution of 12AM STUDIO; or enforcing our agreements and property rights.
13. Safeguarding your personal information
13.1. The security of your Personal Information is important to us. We require non-12AM STUDIO companies acting on our behalf (i.e. credit card processing companies) to have reasonable safeguards in place to protect any Personal Information they may receive in a manner consistent with applicable law. However, you understand and agree that such steps do not guarantee that use of the Sites is invulnerable to all security breaches, and that 12AM STUDIO makes no warranty, guarantee, or representation that use of any of our Sites is protected from viruses, security threats or other vulnerabilities.
14. Links to other sites
15. Social media and personal information
15.1. 12AM STUDIO uses a variety of new technologies and social media options to communicate and interact with consumers, and has links to certain social media providers available on its Sites. When interacting with a 12AM STUDIO presence on those social media websites, you may opt to reveal certain Personal Information. Any Personal Information you have chosen to share on any 12AM STUDIO social media pages will be visible to persons visiting those pages, and privacy on those pages is governed by the privacy policies of those social media companies. Other than to respond to posts or answer questions, 12AM STUDIO will not use Personal Information provided on its social media pages without permission from you.
15.2. Social Media companies’ privacy policies will govern any Personal Information you opt to provide while you are visiting any 12AM STUDIO presence on those platforms.
16. Changes to these Terms and Conditions
16.1. 12AM STUDIO may, in its sole discretion, change any of these Terms and Conditions at any time. It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes. Should you not be satisfied, you must not place any further orders on, or in any other way use, the Website.
16.2. Any such change will only apply to your use of this Website after the change is displayed on the Website. If you use the Website after such amended Terms and Conditions have been displayed on the Website, you will be deemed to have accepted such changes.
17. Electronic communications
18. Ownership and copyright
18.1. The contents of the Website, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in this Website (“Website Content”) are protected by law, including but not limited to copyright and trade mark law. The Website Content is the property of 12AM STUDIO, its advertisers and/or sponsors and/or is licensed to 12AM STUDIO.
18.2. You will not acquire any right, title or interest in or to the Website or the Website Content.
18.3. Any use, distribution or reproduction of the Website Content is prohibited unless expressly authorised in terms of these Terms and Conditions or otherwise provided for in law.
18.4. Where any of the Website Content has been licensed to 12AM STUDIO or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.
19.1. The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website.
19.2. Whilst 12AM STUDIO takes reasonable measures to ensure that the content of the Website is accurate and complete, 12AM STUDIO makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website. If any such representations or warranties are made by 12AM STUDIO’s representatives, 12AM STUDIO shall not be bound thereby.
19.3. 12AM STUDIO disclaims liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Website and/or any content therein unless otherwise provided by law.
19.4. Although Goods sold from the Website may, under certain specifically defined circumstances, be under warranty, the Website itself and all information provided on the Website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.
19.5. Any views or statements made or expressed on the Website are not necessarily the views of 12AM STUDIO, its directors, employees and/or agents.
19.6. In addition to the disclaimers contained elsewhere in these Terms and Conditions, 12AM STUDIO also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of 12AM STUDIO, its employees, agents or authorised representatives. 12AM STUDIO thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in in connection with your access to or use of the Website.
20. Linking to third party websites
20.1. This Website may contain links or references to other websites (“Third Party Websites”) which are outside of our control, including those of advertisers. These Terms and Conditions do not apply to those Third Party Websites and 12AM STUDIO is not responsible for the practices and/or privacy policies of those Third Party Websites or the “cookies” that those sites may use.
20.2. Notwithstanding the fact that the Website may refer to or provide links to Third Party Websites, your use of such Third Party Websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third Party Websites or your reliance on any information contained thereon.
21. Limitation of liability
21.1. 12AM STUDIO cannot be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website, save where such liability arises from the gross negligence or wilful misconduct of 12AM STUDIO, its employees, agents or authorised representatives.
21.2. 12AM STUDIO SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES WHICH MIGHT ARISE FROM YOUR USE OF, OR RELIANCE UPON, THE WEBSITE OR THE CONTENT CONTAINED IN THE WEBSITE; OR YOUR INABILITY TO USE THE WEBSITE, AND/OR UNLAWFUL ACTIVITY ON THE WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.
21.3. YOU HEREBY INDEMNIFY 12AM STUDIO AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD PARTY ARISING IN ANY WAY FROM YOUR USE OF THIS WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.
22. Availability and termination
22.1. We will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and are entitled to discontinue providing the Website or any part thereof with or without notice to you.
22.2. 12AM STUDIO may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that 12AM STUDIO will not be liable to you in the event that it chooses to suspend, modify or terminate this Website other than for processing any orders made by you prior to such time, to the extent possible.
22.3. If you fail to comply with your obligations under these Terms and Conditions, including any incident involving payment of the price of an order for any Goods, this may (in our sole discretion with or without notice to you) lead to a suspension and/or termination of your access to the Website without any prejudice to any claims for damages or otherwise that we may have against you.
22.4. 12AM STUDIO is entitled, for purposes of preventing suspected fraud and/or where it suspects that you are abusing the Website and/or have created multiple user profiles to take advantage of a promotion or Coupon intended by 12AM STUDIO to be used once-off by you, to blacklist you on its database (including suspending or terminating your access to the Website), refuse to accept or process payment on any order, and/or to cancel any order concluded between you and 12AM STUDIO, in whole or in part, on notice to you. 12AM STUDIO shall only be liable to refund monies already paid by you (see 12AM STUDIO’s Returns Policy in this regard) and accepts no other liability which may arise as a result of such blacklisting and/or refusal to process any order.
22.5. At any time, you can choose to stop using the Website, with or without notice to 12AM STUDIO.
22.6. While all reasonable efforts are taken to enable our customers to access our site without any disruption, 12AM STUDIO is not liable for any loss, during Sales, Promotions or any other time, for interruptions and/or crashes whilst browsing that may occur as a result of an overload in web-traffic, lagging, shut-down on servers and/or load shedding during the customer(‘s) browsing session on our site.
23. Governing law and jurisdiction
23.1. These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.
23.2. In the event of any dispute arising between you and 12AM STUDIO, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Gauteng Local Division, Johannesburg) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
23.3. Nothing in this clause 23 or the Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.
24.1. 12AM STUDIO hereby selects Corner 4th and 2nd Avenue, Houghton, Number 18, The Firs, Houghton 2198 as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions (“legal address”). 12AM STUDIO may change this address from time to time by updating these Terms and Conditions.
24.2. You hereby select the delivery address specified with your order as your legal address, but you may change it to any other physical address by giving 12AM STUDIO not less than 7 days’ notice in writing.
24.3. Notices must be sent either by hand, prepaid registered post, telefax or email and must be in English. All notices sent –
24.3.1. by hand will be deemed to have been received on the date of delivery;
24.3.2. by prepaid registered post, will be deemed to have been received 10 days after the date of posting;
24.3.3. by telefax before 16h30 on a business day will be deemed to have been received, on the date of successful transmission of the telefax. All telefaxes sent after 16h30 or on a day which is not a business day will be deemed to have been received on the following business day; and
24.4. by email will be deemed to have been on the date indicated in the “Read Receipt” notification. ALL EMAIL COMMUNICATIONS BETWEEN YOU AND US MUST MAKE USE OF THE “READ RECEIPT” FUNCTION to serve as proof that an email has been received.
25. Complaints (General)
All complaints can be addressed to INFO@12AMSTUDIO.COM
25.1. 12AM STUDIO may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the Website or the user’s right to use the Website or any of its contents subject to us processing any orders then already made by you.
25.1. You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.
25.2. Any failure on the part of you or 12AM STUDIO to enforce any right in terms hereof shall not constitute a waiver of that right.
25.3. If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
25.4. No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.
25.5. No indulgence, extension of time, relaxation or latitude which any party (the “grantor”) may show grant or allow to the other (the “grantee”) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.
25.6. These Terms and Conditions, Returns Policy [here] and FAQ’s (Concierge) [here] contain the whole agreement between you and 12AM STUDIO and no other warranty or undertaking is valid, unless contained in this document between the parties.