LEGAL INFORMATION
Welcome to The Imagine Company's Legal Information page. This page outlines the terms governing the use of our website, our Privacy and Cookie Policies, our obligations under South Africa's Protection of Personal Information Act (POPIA), and other important legal information. By accessing or using this website, you acknowledge that you have read and accepted these policies.
WEBSITE TERMS OF USE
By accessing and using this website, you agree to be bound by these Legal Information and Website Terms of Use. If you do not agree with any part of these terms, please discontinue use of this website immediately. The content provided on this website is intended for general information and marketing purposes only and does not constitute professional landscape design, interior design, architectural, engineering, horticultural or legal advice. The Imagine Company reserves the right to amend, update or remove any content on this website, including these Legal Information sections, at any time without prior notice. Continued use of this website following any changes constitutes acceptance of the revised terms.
INTELLECTUAL PROPERTY, COPYRIGHT, TRADEMARKS, & AI GENERATED CONTENT
All content published on this website is the property of The Imagine Company, unless otherwise stated, and is protected by applicable South African and international intellectual property, copyright and trademark laws. This includes, but is not limited to, all landscape and interior design concepts, garden layouts, planting plans, CAD drawings, specifications, mood boards, 3D visualisations, photographs, graphics, illustrations, logos, branding, written content, videos and other creative works displayed on this website.
The The Imagine Company name, logo, branding and any associated trademarks, whether registered or unregistered, may not be copied, reproduced, imitated or used without the prior written consent of The Imagine Company.
No material contained on this website may be copied, reproduced, republished, distributed, adapted, modified, sold, licensed, commercially exploited or otherwise used for any purpose without the prior written permission of The Imagine Company. This includes the use of any content for training, developing or improving artificial intelligence (AI) systems, machine learning models, automated data extraction, web scraping or similar technologies.
Some concept images, visualisations and design renders displayed on this website may have been created or enhanced using artificial intelligence (AI) software as part of The Imagine Company's creative design process. These images are intended to communicate design concepts and inspiration only and should not be interpreted as exact representations of final constructed works. Actual materials, finishes, colours, planting and completed installations may vary.
All intellectual property rights in concepts, designs and creative works developed by The Imagine Company remain the property of The Imagine Company unless ownership has been expressly transferred in writing under a separate agreement.
PROFESSIONAL ADVICE DISCLAIMER
The information, images, designs, articles and other content published on this website are provided for general information and inspiration only. While The Imagine Company takes reasonable care to ensure that the information presented is accurate and up to date, no guarantee or warranty is given regarding its completeness, accuracy or suitability for any particular purpose.
Every project, property and site is unique. Landscape and interior design outcomes may vary depending on site conditions, soil composition, climate, existing vegetation, drainage, structural considerations, municipal regulations, budgets, contractor workmanship and other factors beyond the control of The Imagine Company.
Nothing contained on this website should be interpreted as professional, technical, horticultural, architectural, engineering, legal or financial advice, nor should it replace a site-specific consultation or professional assessment. Any reliance placed on the information provided on this website is entirely at the user's own risk.
The Imagine Company accepts no liability for any loss, damage or expense arising directly or indirectly from the use of, or reliance upon, any information or content published on this website.
USER CONDUCT, WEBSITE SECURITY & THIRD-PARTY LINKS
By using this website, you agree to do so lawfully, responsibly and in a manner that does not infringe the rights of The Imagine Company or any third party. You may not attempt to gain unauthorised access to this website or its servers, introduce malicious software or code, interfere with its operation, misuse any online forms or communication channels, or engage in any activity that may compromise the security, integrity or availability of this website.
While The Imagine Company takes reasonable measures to maintain the security and integrity of this website, we do not warrant that the website, its servers or any downloadable content will always be free from viruses, malware or other harmful components. Users are responsible for taking appropriate precautions to protect their own devices, software and data.
This website may contain links to third-party websites, products or services for your convenience or information. Such links do not constitute an endorsement or recommendation by The Imagine Company, and we have no control over, or responsibility for, the content, security, privacy practices, availability or accuracy of any third-party websites. Accessing external websites is entirely at your own risk, and we encourage you to review their respective terms and privacy policies before providing any personal information or engaging with their services.
PRIVACY, COOKIES & PERSONAL INFORMATION
The Imagine Company is committed to protecting your privacy and processing your personal information responsibly and in accordance with the Protection of Personal Information Act, 2013 (POPIA) and the Electronic Communications and Transactions Act, 2002 (ECTA) of South Africa.
When you submit an enquiry, complete a contact form, subscribe to our communications or otherwise interact with this website, The Imagine Company may collect personal information such as your name, contact details and any information you voluntarily provide. This information is collected solely for the purpose of responding to enquiries, providing requested services, improving our website and communicating with you where appropriate. We will never sell, rent or knowingly disclose your personal information to third parties for their own marketing purposes.
This website may use cookies and similar technologies to enhance your browsing experience, analyse website traffic and improve website functionality. Cookies are small text files stored on your device and do not typically identify you personally. By continuing to use this website, you consent to the use of cookies where permitted by law. You may manage or disable cookies through your browser settings; however, doing so may affect certain features or functionality of the website.
Where you have expressly consented, The Imagine Company may occasionally send you marketing communications relating to our services, projects or other relevant information. You may opt out of receiving these communications at any time by following the unsubscribe instructions provided or by contacting us directly.
The Imagine Company implements reasonable technical and organisational measures to safeguard personal information against unauthorised access, loss, misuse, alteration or disclosure. Personal information will be retained only for as long as reasonably necessary to fulfil the purposes for which it was collected, to comply with legal or regulatory obligations, or to protect our legitimate business interests, after which it will be securely deleted or anonymised where appropriate.
In accordance with POPIA, you have the right to request access to the personal information we hold about you, to request that inaccurate or incomplete information be corrected, to object to certain processing activities where permitted by law, and to request the deletion of your personal information where there is no lawful basis for its continued retention. To exercise any of these rights, or if you have any questions regarding how The Imagine Company processes your personal information, please contact us using the details provided below. We will respond to all reasonable requests in accordance with applicable South African legislation.
LIMITATION OF LIABILITY, INDEMNITY
& GENERAL LEGAL PROVISIONS
Your use of this website is entirely at your own risk. To the fullest extent permitted by applicable law, The Imagine Company, its owners, employees, consultants and representatives shall not be liable for any direct, indirect, incidental, consequential or special loss, damage, liability, cost or expense arising from or related to your access to, use of, or inability to use this website or any information, content or materials published on it.
By using this website, you agree to indemnify and hold harmless The Imagine Company, its owners, employees and representatives against any claims, losses, damages, liabilities, costs or expenses arising from your misuse of this website, your breach of these Legal Information provisions, or your infringement of any applicable law or the rights of any third party.
The Imagine Company shall not be held liable for any delay, interruption or failure to perform any obligation arising from events beyond its reasonable control, including but not limited to natural disasters, fire, flood, severe weather, pandemics, acts of government, civil unrest, war, terrorism, power failures, internet or telecommunications outages, cyberattacks or other force majeure events.
These Legal Information provisions shall be governed by and interpreted in accordance with the laws of the Republic of South Africa, and any dispute arising from the use of this website shall be subject to the exclusive jurisdiction of the South African courts.
If any provision contained within this Legal Information is found to be unlawful, invalid or unenforceable by a court of competent jurisdiction, that provision shall be deemed severable and shall not affect the validity or enforceability of the remaining provisions, which shall continue in full force and effect.
The Imagine Company reserves the right to amend, update or replace this Legal Information at any time without prior notice in order to reflect changes in legislation, technology, business operations or website functionality. The latest version will always be published on this website, and your continued use of the website constitutes acceptance of any such amendments.