Terms of Use

Welcome to Grey Collective Inc. (“Grey Collective”, “we”, “us”, or “our”).

These Terms of Use govern your access to and use of the Grey Collective website, including all webpages, content, services, functionality, applications and digital platforms operated by Grey Collective (collectively referred to as the “Website”).

By accessing or using the Website, you acknowledge that you have read, understood and agree to be bound by these Terms of Use.

If you do not agree to these Terms of Use, you must immediately discontinue use of the Website.

These Terms of Use constitute a legally binding agreement between you and Grey Collective.

By accessing, browsing or using the Website, you represent and warrant that:

• You have the legal capacity to enter into binding agreements;
• You are accessing the Website lawfully;
• All information provided by you is true, accurate and complete;
• You will comply with these Terms of Use and all applicable laws.

Where you access the Website on behalf of a business or other legal entity, you warrant that you are authorised to bind that entity to these Terms of Use.

The Website is intended for use by individuals who are legally capable of entering into binding agreements under the laws applicable to them.

If you are accessing the Website on behalf of a company, organisation or other legal entity, you confirm that you have authority to act on behalf of that entity.

Grey Collective reserves the right to refuse access to the Website where permitted by law.

Grey Collective reserves the right to amend, modify or replace these Terms of Use at any time.

Any revised version shall become effective immediately upon publication on the Website unless otherwise required by applicable law.

Your continued use of the Website following publication of any amendments constitutes acceptance of the revised Terms of Use.

The Website has been developed to provide information regarding Grey Collective, its services, portfolio, expertise and related business activities.

Nothing contained on the Website constitutes legal advice, financial advice, business advice or any other professional advice unless expressly stated in writing.

Information published on the Website is provided for general informational purposes only.

You may use the Website solely for lawful purposes.

You agree to use the Website in a manner that:

• Complies with all applicable laws;
• Does not infringe the rights of Grey Collective or any third party;
• Does not interfere with the operation or security of the Website;
• Does not attempt to gain unauthorised access to any systems, servers or data;
• Does not damage, disable or impair the Website or its infrastructure;
• Does not introduce malicious software or harmful code.

You may access the Website only for legitimate business or informational purposes.

You may not:

• Copy, reproduce or republish Website content without prior written permission;
• Reverse engineer any part of the Website;
• Attempt to bypass Website security measures;
• Use automated software, bots or scraping tools without written authorisation;
• Introduce malware, ransomware, spyware, viruses or other malicious software;
• Attempt to interfere with Website functionality;
• Use the Website for fraudulent, unlawful or deceptive purposes;
• Impersonate another individual or organisation;
• Misrepresent your identity;
• Submit false or misleading information;
• Attempt to access restricted areas of the Website without authorisation;
• Use the Website in any manner that could damage Grey Collective’s reputation or business interests.

Grey Collective reserves all rights available at law in relation to unlawful use of the Website.

Where you submit information through the Website, including project enquiries, contact forms or other communications, you warrant that:

• The information is accurate;
• The information is complete;
• The information is not misleading;
• You are authorised to provide such information;
• Submission of such information does not infringe the rights of any third party.

Grey Collective reserves the right to disregard or remove information that is unlawful, offensive, fraudulent or otherwise inappropriate.

Unless otherwise stated in writing, all intellectual property rights in and to the Website are owned by or licensed to Grey Collective.

This includes, without limitation:

• The Grey Collective name;
• Logos;
• Trademarks;
• Service marks;
• Branding;
• Website design;
• User interface design;
• Source code;
• Software;
• Graphics;
• Icons;
• Images;
• Photography;
• Videos;
• Animations;
• Typography;
• Written content;
• Documentation;
• Databases;
• Layouts;
• Functionality;
• Design concepts;
• Digital assets;
• All other proprietary material displayed on the Website.

All intellectual property rights are protected by applicable copyright, trademark and intellectual property laws.

Nothing contained on the Website grants any licence, ownership or right to use any intellectual property without Grey Collective’s prior written consent.

All Website content is protected by copyright.

Except where expressly permitted by law or with Grey Collective’s prior written consent, you may not:

• Copy;
• Reproduce;
• Republish;
• Modify;
• Adapt;
• Translate;
• Sell;
• Licence;
• Distribute;
• Display;
• Commercially exploit;
• Create derivative works from any Website content.

Unauthorised use of Website content may result in civil and/or criminal proceedings.

Submission of a project enquiry, quotation request, consultation request or contact form does not create any contractual relationship between you and Grey Collective.

Grey Collective reserves the absolute discretion to:

• Accept or decline any enquiry;
• Request additional information;
• Decline to provide Services;
• Decline to issue quotations;
• Refuse projects that conflict with our business policies or legal obligations.

No agreement shall exist until confirmed in writing by Grey Collective.

Any quotation, estimate, proposal or pricing information provided by Grey Collective:

• Is provided for informational purposes only;
• Does not constitute a binding agreement;
• May be withdrawn or amended at any time before acceptance;
• Is subject to separate written terms where applicable.

Unless expressly stated otherwise, quotations remain valid only for the period specified in the quotation.

Grey Collective makes reasonable efforts to ensure that information published on the Website is accurate and current.

However, Grey Collective does not warrant or guarantee that:

• Website content is complete;
• Website content is accurate;
• Website content is current;
• Website content is free from errors;
• Website content is suitable for any particular purpose.

Information may be amended without prior notice.

Users should not rely solely upon Website information when making business, financial or legal decisions.

The Website may contain links to third-party websites, applications, software, products or services.

Such links are provided solely for convenience.

Grey Collective:

• Does not control third-party websites;
• Does not endorse third-party content unless expressly stated;
• Accepts no responsibility for third-party content;
• Makes no representations regarding third-party websites.

Access to third-party websites is entirely at your own risk.

Grey Collective endeavours to maintain continuous access to the Website.

However, Grey Collective does not warrant that the Website will be:

• Available at all times;
• Uninterrupted;
• Error-free;
• Secure;
• Compatible with every device;
• Compatible with every browser;
• Free from delays;
• Free from technical faults.

Grey Collective reserves the right to suspend, restrict or discontinue all or part of the Website at any time without prior notice.

The information contained on the Website is provided for general informational purposes only.

Nothing on the Website constitutes:

• Legal advice;
• Financial advice;
• Tax advice;
• Investment advice;
• Business advice;
• Technical advice;
• Professional consulting services.

Professional advice should always be obtained before making decisions based on Website content.

Grey Collective accepts no responsibility for decisions made in reliance upon Website information.

To the fullest extent permitted by applicable law, the Website and all content, services, functionality and information made available through the Website are provided on an “as is” and “as available” basis.

Grey Collective makes no representation, warranty or guarantee, whether express, implied or statutory, including but not limited to warranties regarding:

• Accuracy;
• Completeness;
• Reliability;
• Availability;
• Performance;
• Merchantability;
• Fitness for a particular purpose;
• Non-infringement;
• Compatibility;
• Security;
• Continuous operation.

Grey Collective does not warrant that:

• The Website will always be available;
• The Website will be uninterrupted;
• Errors will be corrected immediately;
• The Website will be free from viruses or malicious software;
• The Website will meet every user’s expectations or requirements.

To the fullest extent permitted by applicable law, Grey Collective, its directors, officers, employees, contractors, consultants, affiliates and service providers shall not be liable for any direct, indirect, incidental, consequential, special, exemplary or punitive damages arising out of or relating to:

• Access to or use of the Website;
• Inability to access or use the Website;
• Reliance upon Website content;
• Website interruptions;
• Website downtime;
• Technical failures;
• Data loss;
• Corruption of data;
• Cybersecurity incidents;
• Malware or viruses;
• Third-party services;
• Delays;
• Errors or omissions;
• Loss of revenue;
• Loss of profits;
• Loss of business opportunities;
• Loss of goodwill;
• Business interruption;
• Any other loss or damage arising from use of the Website.

Where liability cannot lawfully be excluded, Grey Collective’s liability shall be limited to the maximum extent permitted by applicable law.

You agree to indemnify, defend and hold harmless Grey Collective, its directors, officers, employees, contractors, consultants, affiliates, successors and assigns from and against any claims, demands, proceedings, damages, liabilities, losses, costs and expenses, including reasonable legal costs, arising directly or indirectly from:

• Your use of the Website;
• Your breach of these Terms of Use;
• Your violation of applicable law;
• Your infringement of any third-party rights;
• Information submitted by you;
• Any negligent, fraudulent or unlawful conduct by you.

This indemnity survives termination of your use of the Website.

Users may not attempt to compromise the security or integrity of the Website.

Without limitation, users may not:

• Gain unauthorised access to systems;
• Circumvent security measures;
• Probe or scan for vulnerabilities;
• Conduct denial-of-service attacks;
• Introduce malicious software;
• Interfere with Website functionality;
• Intercept communications;
• Attempt to access data belonging to another user.

Grey Collective reserves the right to investigate suspected security incidents and cooperate fully with law enforcement authorities.

Where users submit content, files, documents, images or other materials through the Website, you warrant that:

• You own the necessary rights to such content or are authorised to provide it;
• Submission does not infringe any third-party intellectual property rights;
• The content is lawful;
• The content is free from malicious software;
• The content is not defamatory, unlawful, offensive or misleading.

You retain ownership of your content.

By submitting content to Grey Collective for the purpose of providing Services, you grant Grey Collective a non-exclusive, worldwide, royalty-free licence to use, reproduce, store, modify and process such content solely to the extent necessary to provide the requested Services.

Grey Collective reserves the right, at its sole discretion and without prior notice, to suspend, restrict or terminate access to the Website where:

• These Terms of Use are breached;
• Unlawful activity is suspected;
• Security risks arise;
• Maintenance is required;
• Required by law;
• Necessary to protect Grey Collective or its users.

Termination of Website access shall not affect any rights or obligations accrued before termination.

Grey Collective shall not be liable for any delay, interruption or failure to perform arising from circumstances beyond its reasonable control, including but not limited to:

• Natural disasters;
• Floods;
• Fires;
• Pandemics;
• Government action;
• Civil unrest;
• Labour disputes;
• Power failures;
• Internet outages;
• Telecommunications failures;
• Cyberattacks;
• Failure of third-party service providers;
• Any other event beyond Grey Collective’s reasonable control.

These Terms of Use shall be governed by and interpreted in accordance with the laws of the Republic of South Africa.

Subject to any mandatory rights afforded under applicable law, any dispute arising out of or relating to these Terms of Use or the use of the Website shall be subject to the exclusive jurisdiction of the competent courts of the Republic of South Africa.

Nothing in these Terms of Use limits any mandatory rights available to users under applicable consumer protection or privacy legislation that cannot lawfully be excluded.

If any provision of these Terms of Use is found by a court or competent authority to be unlawful, invalid or unenforceable, that provision shall be severed only to the extent necessary.

The remaining provisions shall remain valid and enforceable.

Failure by Grey Collective to enforce any provision of these Terms of Use shall not constitute a waiver of any right or remedy.

Any waiver shall only be effective if made expressly in writing by an authorised representative of Grey Collective.

These Terms of Use constitute the entire agreement between you and Grey Collective concerning your access to and use of the Website.

These Terms of Use should be read together with the following legal documents where applicable:

• Privacy Policy;
• Cookie Policy;
• Client Terms and Conditions;
• Any written proposal, quotation or service agreement entered into between Grey Collective and the client.

In the event of any inconsistency between these Terms of Use and a separately executed written agreement, the written agreement shall prevail to the extent of the inconsistency.

For questions relating to these Terms of Use, please contact:

Grey Collective Inc.

Email: greycollectiveinc@gmail.com

Country of Operation: Republic of South Africa