Legal & Compliance – XTIAN

1.1 Acceptance of Terms

By accessing and using the XTIAN website, you accept and agree to be bound by these Terms and Conditions. If you do not agree, please do not use our website.

1.2 Use of the Website

You must be 18 years or older to use this website, or have guardian consent if under 18. You agree not to use the website for any unlawful purpose and not to copy, reproduce, or distribute any content without our written permission.

1.3 Products & Services

We strive to provide accurate descriptions of all products and services. All prices are displayed in South African Rand (ZAR) and include VAT where applicable. XTIAN reserves the right to modify product offerings, prices, and descriptions at any time without prior notice.

1.4 Orders & Payment

All orders are confirmed upon successful payment. We use secure payment gateways including PayFast, PayPal, and Stripe. We do not store your credit card information on our servers. XTIAN reserves the right to cancel any order at our discretion.

1.5 Shipping & Delivery

Delivery time estimates vary based on location and courier availability. We are not liable for delays caused by courier services or circumstances beyond our control. Risk of loss or damage passes to you upon delivery.

1.6 Returns, Exchanges & Refunds

You may return products within 7 days of receipt, provided they are unused and in original packaging. Some items (digital products, personalized items, opened software) are non-returnable. Refunds will be processed via the original payment method. The buyer is responsible for return shipping costs unless the product is defective or the error is ours.

1.7 User Accounts

You are responsible for maintaining the confidentiality of your account credentials. You must notify us immediately of any unauthorized use of your account. We reserve the right to suspend or terminate accounts that violate these terms.

1.8 Intellectual Property

All content on this website, including text, graphics, logos, and software, is the property of XTIAN and protected by intellectual property laws. You may not reproduce, distribute, or create derivative works without our express written consent.

1.9 Limitation of Liability

XTIAN shall not be liable for any indirect, incidental, special, or consequential damages arising from your use of our website or products. Our total liability is limited to the purchase price of the product in question.

1.10 POPIA & Privacy

We process personal information in accordance with the Protection of Personal Information Act (POPIA). By using our website, you consent to the collection and processing of your personal information as described in our Privacy Policy.

1.11 Third-Party Links

Our website may contain links to third-party websites. We are not responsible for the content, privacy practices, or terms of service of external sites.

1.12 Warranties & Guarantees

Products are covered by manufacturer warranties where applicable. XTIAN makes no additional warranties beyond those provided by manufacturers.

1.13 Governing Law

These Terms and Conditions are governed by the laws of the Republic of South Africa. Any disputes arising from these terms shall be subject to the exclusive jurisdiction of South African courts.

1.14 Amendments

XTIAN may update these Terms and Conditions at any time. Continued use of the website after changes constitutes acceptance of the modified terms.

Effective Date: 01/08/2025

Company: XTIAN
Email: privacy@xtian.co.za
Address: Meyerspark, Pretoria
Phone: 0713875199

2.1 About Us

XTIAN is a South African company providing custom IT solutions, e-commerce services, and digital products. We are committed to protecting your privacy and complying with the Protection of Personal Information Act (POPIA).

2.2 Definitions

Personal Information: Information that can identify you, such as name, email, phone number, or address.
Processing: Any operation performed on personal information, including collection, storage, use, and deletion.
POPIA: Protection of Personal Information Act, 2013.

2.3 What Information We Collect

We collect the following types of personal information:

• Identification Information: Name, surname, email address, phone number
• Account Information: Username, password (encrypted)
• Payment Information: Billing address, payment method (processed securely by third-party gateways)
• Technical Information: IP address, browser type, device information, pages visited
• Cookies: Small files stored on your device to enhance user experience

2.4 Purpose of Processing

We process your personal information for the following purposes:

• To process orders and deliver products/services
• To communicate with you regarding orders, support, and updates
• To improve our website and user experience
• To comply with legal obligations
• To prevent fraud and ensure security

2.5 Lawful Basis for Processing (POPIA Section 11)

We process your personal information based on:

• Consent: You have given explicit consent for specific purposes
• Contractual Necessity: Processing is necessary to fulfill our contract with you
• Legal Obligation: We are required by law to process certain information
• Legitimate Interest: Processing is necessary for our legitimate business interests

2.6 How We Collect Information

We collect information through:

• Information you provide directly (registration, orders, contact forms)
• Automated technologies (cookies, analytics)
• Third-party sources (payment processors, courier services)

2.7 Cookies and Tracking Technologies

We use cookies to enhance your browsing experience, remember your preferences, and analyze website traffic. You can control cookie settings through your browser, but disabling cookies may limit website functionality.

2.8 Who We Share Information With

We may share your personal information with:

• Payment Processors: PayFast, PayPal, Stripe (to process payments)
• Courier Services: To deliver products
• Analytics Providers: Google Analytics (to understand website usage)
• Hosting Providers: To store website data securely
• Legal Authorities: When required by law

We do not sell or rent your personal information to third parties for marketing purposes.

2.9 Cross-Border Transfer (POPIA Section 72)

Some of our service providers (e.g., cloud hosting, payment gateways) may be located outside South Africa. We ensure that any cross-border transfers comply with POPIA requirements and that adequate safeguards are in place to protect your information.

2.10 How Long We Retain Information

We retain your personal information for as long as necessary to fulfill the purposes outlined in this policy:

• Contact Form Data: 12 months
• Financial Records: 5-10 years (as required by tax laws)
• Analytics Data: 26 months
• Account Data: Until you request deletion or close your account

2.11 Your Rights Under POPIA

You have the following rights regarding your personal information:

• Right to Access: Request a copy of the personal information we hold about you
• Right to Correction: Request correction of inaccurate or incomplete information
• Right to Deletion: Request deletion of your personal information (subject to legal retention requirements)
• Right to Withdraw Consent: Withdraw consent for processing at any time
• Right to Object: Object to processing based on legitimate interests
• Right to Lodge a Complaint: File a complaint with the Information Regulator of South Africa

To exercise these rights, contact us at privacy@xtian.co.za.

2.12 Information Regulator Contact Details

Information Regulator (South Africa)
Email: inforeg@justice.gov.za
Website: https://www.justice.gov.za/inforeg/

2.13 Security Measures

We implement appropriate technical and organizational measures to protect your personal information, including:

• SSL encryption for data transmission
• Secure password storage (hashed and salted)
• Access controls and authentication
• Regular security audits and updates

While we take reasonable steps to protect your information, no method of transmission over the internet is 100% secure.

2.14 Data Breach Notification

In the event of a data breach that poses a risk to your rights and freedoms, we will notify you and the Information Regulator as required by POPIA.

2.15 Children's Privacy

Our website is not intended for children under 18 without parental or guardian consent. We do not knowingly collect personal information from children. If we become aware that we have inadvertently collected information from a child without proper consent, we will take steps to delete it.

2.16 Changes to This Privacy Policy

We may update this Privacy Policy from time to time. The updated version will be posted on this page with a revised effective date. Continued use of our website after changes constitutes acceptance of the updated policy.

Contact Us

If you have questions or concerns about this Privacy Policy or how we handle your personal information, please contact us at:
Email: privacy@xtian.co.za
Phone: 0713875199
Address: Meyerspark, Pretoria