Terms & Conditions

Terms and Conditions of Enigma Designs (“we,” “us,” “our,” or “Enigma Designs”) govern your use of our website, www.enigmadesigns.co.za, and our related services, including email communications, social media, and other interactions with our customers. By accessing or using our services, you agree to be bound by these Terms and Conditions. If you do not agree with any of these Terms and Conditions, please do not use our services.

  1. Ownership and Use of Content
    All content on our website and services, including text, images, graphics, logos, designs, and software, are the property of Enigma Designs or its licensors and are protected by copyright, trademark, and other intellectual property laws. You may not use or reproduce any content from our website or services without our prior written consent.

  2. Use of Services
    You agree to use our services only for lawful purposes and in accordance with these Terms and Conditions. You may not use our services to:

  • Transmit or post any unlawful, harmful, or offensive content
  • Impersonate any person or entity
  • Misrepresent your affiliation with any person or entity
  • Use our services to promote any commercial products or services without our prior written consent

  • We reserve the right to terminate or suspend your access to our services at any time without prior notice or liability for any reason, including if we believe that you have violated these Terms and Conditions.

  1. Disclaimer of Warranties
    Our services are provided “as is” and “as available” without any warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that our services will be uninterrupted or error-free, or that any defects will be corrected. We are not responsible for any damages arising from the use of our services, including direct, indirect, incidental, consequential, or punitive damages.

  2. Limitation of Liability
    In no event shall Enigma Designs or its affiliates, directors, officers, employees, agents, or licensors be liable for any damages arising from the use of our services, including but not limited to direct, indirect, incidental, consequential, or punitive damages, even if Enigma Designs has been advised of the possibility of such damages. The total liability of Enigma Designs and its affiliates, directors, officers, employees, agents, or licensors for any claims arising from the use of our services shall not exceed the amount paid by you to Enigma Designs for the services in question.

  3. Indemnification
    You agree to indemnify, defend, and hold harmless Enigma Designs and its affiliates, directors, officers, employees, agents, and licensors from any claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from your use of our services, your violation of these Terms and Conditions, or your infringement of any third-party rights.

  4. Governing Law and Dispute Resolution
    These Terms and Conditions shall be governed by and construed in accordance with the laws of South Africa, without giving effect to any principles of conflicts of law. Any disputes arising from these Terms and Conditions or your use of our services shall be resolved through binding arbitration in accordance with the rules of the Arbitration Foundation of South Africa. The arbitration shall be conducted in Cape Town, South Africa, and the language of the arbitration shall be English.

  5. Changes to Terms and Conditions
    We may update these Terms and Conditions from time to time by posting the updated version on our website. Your continued use of our services after the posting of the updated Terms and Conditions shall constitute your acceptance of the updated version.

  6. Miscellaneous
    These Terms and Conditions constitute the entire agreement between you and Enigma Designs regarding your use of our services