Legal
Terms of Use
Last updated: 20 June 2025 · Effective immediately
TL;DR — These terms govern your use of thedesignhammock.co.za and related communications (such as form submissions and WhatsApp messages). All website content is owned by The Design Hammock. If you engage us for professional services, those are governed by a separate, project-specific agreement — not these terms. South African law applies.
Looking for Service Engagement Terms?
These Terms of Use govern your access to and use of thedesignhammock.co.za. If you engage The Design Hammock for professional services (web development, design, consulting, or similar), those engagements are governed by a separate, project-specific agreement signed between you and The Design Hammock. To discuss an engagement, start a project.
01Acceptance of Terms
By accessing, browsing, or otherwise using the website located at thedesignhammock.co.za (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, please do not use the Website.
- "The Design Hammock" / "TDH" / "We" / "Us"
- The Design Hammock PTY (Ltd), a company registered in the Republic of South Africa, with its principal place of business at 159 Maria Bronkhorst Road, Ashlea Gardens, Pretoria, 0081, South Africa.
- "You" / "User"
- Any individual or entity that accesses or uses the Website, including visitors, prospective clients, and anyone who submits information through the Website's forms or communication channels.
- "Website"
- The website located at thedesignhammock.co.za, including all pages, content, functionality, and services made available through it.
02Website Use
The Website is provided for informational purposes, to showcase our portfolio and capabilities, and to facilitate contact between you and The Design Hammock.
Permitted Use
You may browse the Website, view our portfolio and service descriptions, and use the contact and enquiry forms for their intended purpose — to get in touch with us about potential projects or general enquiries.
Prohibited Use
You may not use the Website to:
- Scrape, crawl, or harvest content for commercial purposes without our written permission.
- Attempt to gain unauthorised access to any part of the Website, its servers, or any connected systems.
- Transmit viruses, malware, or any other harmful code through any form submission or communication channel.
- Use automated systems (bots, scripts, or similar tools) to submit forms, send messages, or interact with the Website in a manner that could overload or impair its functionality.
- Reproduce, distribute, or republish any Website content (including text, images, designs, and code) without prior written consent from TDH.
- Misrepresent your identity or affiliation when submitting forms or communicating with us.
03Intellectual Property
Website Content Ownership
All content on the Website — including but not limited to text, copy, graphics, logos, photographs, illustrations, UI designs, code, animations, and the overall look and feel of the site — is the property of The Design Hammock PTY (Ltd) or its licensors, and is protected by copyright, trademark, and other intellectual property laws of the Republic of South Africa and applicable international treaties.
Limited Licence
You are granted a limited, non-exclusive, non-transferable, revocable licence to access and view the Website for personal, non-commercial use. This licence does not permit you to reproduce, modify, distribute, display, or create derivative works from any Website content without our prior written consent.
Portfolio & Case Study Content
Portfolio items, case studies, and client work displayed on the Website may contain content created for or owned by our clients. Such content is displayed with permission and remains the property of the respective copyright holders. You may not reproduce or use this content without obtaining permission from the relevant rights holder.
04User Submissions
When you submit information through the Website — for example, via our Start a Project form, contact forms, or any other input mechanism — you agree to the following:
Accuracy of Information
You are responsible for ensuring that any information you submit is accurate, complete, and not misleading. You must not submit information belonging to another person or entity without their authorisation.
How We Use Your Submissions
Information you submit through our forms is used solely to respond to your enquiry, assess potential project requirements, and facilitate communication. We do not sell, rent, or share your submissions with third parties for their marketing purposes. For full details on how we handle personal information, please refer to our Privacy Policy.
No Confidential Relationship
Submitting information through the Website does not create a confidential or contractual relationship between you and TDH. If your project requires confidentiality protections, these will be established through a separate, project-specific agreement.
05Communication via WhatsApp
Third-Party Platform
WhatsApp is a messaging service operated by Meta Platforms, Inc. When you contact us via WhatsApp, your use of that platform is governed by WhatsApp's own Terms of Service and Privacy Policy. TDH is not responsible for WhatsApp's data handling practices.
Our Handling of WhatsApp Messages
Any information you share with us via WhatsApp — including your name, phone number, and message content — is treated in accordance with our Privacy Policy. We use this information solely to respond to your enquiry and, where relevant, to assess potential project requirements.
No Binding Commitments via Chat
Casual conversations via WhatsApp or any other messaging platform do not constitute binding agreements, quotes, or commitments. All service engagements are formalised through separate, written project agreements.
06Disclaimers
Informational Purposes Only
The content on the Website — including service descriptions, portfolio items, blog posts, and case studies — is provided for general informational purposes. While we make reasonable efforts to keep the information accurate and up to date, we do not warrant that it is complete, current, or free of errors.
No Guarantee of Outcomes
Portfolio items, case studies, and performance metrics displayed on the Website reflect results achieved for specific clients under specific circumstances. Past results do not guarantee similar outcomes for future projects. Each project is unique, and results depend on a variety of factors.
Website Availability
We aim to keep the Website accessible at all times but do not guarantee uninterrupted or error-free availability. We may modify, suspend, or discontinue any part of the Website at any time without prior notice or liability.
"As Is" Basis
The Website and its content are provided on an "as is" and "as available" basis, without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
07Third-Party Links
The Website may contain links to third-party websites, platforms, or services that are not owned or controlled by The Design Hammock. These include, but are not limited to, technology partner websites, social media platforms, and external resources referenced in our content.
- We provide third-party links for your convenience and information only. Their inclusion does not imply endorsement of or affiliation with the linked site or its operator.
- We have no control over the content, privacy practices, or availability of third-party websites and accept no responsibility for them.
- Your use of any third-party website is at your own risk and subject to that website's own terms and conditions.
- We encourage you to review the privacy policy and terms of use of any third-party website you visit.
08Limitation of Liability
Website Use Only
This limitation of liability applies solely to your use of the Website. Liability arising from any professional service engagement is governed by the applicable project-specific agreement between you and TDH.
Exclusion of Damages
To the maximum extent permitted by the laws of the Republic of South Africa, The Design Hammock and its director, employees, and agents shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising from or related to your use of, or inability to use, the Website — including but not limited to loss of data, loss of profits, or business interruption — regardless of the cause of action or the theory of liability.
Reliance on Content
Any reliance you place on the information presented on the Website is strictly at your own risk. TDH shall not be liable for any decisions made, actions taken, or costs incurred based on the information available on the Website.
09Governing Law
These Terms of Use shall be governed by and construed in accordance with the laws of the Republic of South Africa, without regard to its conflict of laws principles. You irrevocably submit to the exclusive jurisdiction of the courts of the Republic of South Africa, or to arbitration as provided in Section 10, for the resolution of any disputes arising out of or in connection with these Terms.
10Dispute Resolution
The parties agree to resolve all disputes arising out of or in connection with these Terms in the following sequential manner:
Step 1 — Negotiation
The parties shall first attempt to resolve any dispute through good-faith negotiation. This negotiation period shall not exceed thirty (30) days from the date written notice of the dispute is given.
Step 2 — Mediation
If negotiation fails to resolve the dispute, either party may refer the matter to mediation conducted by a mutually agreed mediator. The costs of mediation shall be borne equally by both parties. Mediation shall take place in Pretoria, South Africa, unless otherwise agreed.
Step 3 — Arbitration
If mediation fails, the dispute shall be referred to and finally resolved by arbitration in accordance with the Arbitration Act, 42 of 1965 of the Republic of South Africa. The arbitration shall be conducted by a single arbitrator appointed by agreement between the parties, or failing agreement, by the Arbitration Foundation of Southern Africa (AFSA). The arbitration shall take place in Pretoria, South Africa, and shall be conducted in English.
11General Provisions
Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the original intent.
Entire Agreement
These Terms of Use, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and TDH regarding your use of the Website. They do not govern any professional service engagement, which is subject to a separate project-specific agreement.
Amendments
TDH reserves the right to update these Terms at any time. When we make changes, we will update the "Last updated" date at the top of this page. Your continued use of the Website after any changes constitutes acceptance of the updated Terms. We encourage you to review this page periodically.
Waiver
The failure of TDH to enforce any provision of these Terms shall not constitute a waiver of our right to subsequently enforce that provision or any other provision.
Contact
All formal notices or questions regarding these Terms should be directed to privacy@thedesignhammock.co.za.
Related Policies
Questions About These Terms?
If you have any questions about our terms of use or need clarification on any provision, we're here to help. Reach out via WhatsApp or email us at privacy@thedesignhammock.co.za.
Chat on WhatsAppThese terms were last updated on 20 June 2025. This document has been prepared to outline the terms governing your use of the Website but does not constitute legal advice. We recommend consulting a qualified legal professional for specific questions.
© 2026 The Design Hammock PTY (Ltd). All rights reserved. Registered in the Republic of South Africa. Director: Graeme Ford. 159 Maria Bronkhorst Road, Ashlea Gardens, Pretoria, 0081, South Africa.