TERMS OF SERVICE & CONDITIONS
1. INTERPRETATION AND DEFINITIONS
1.1 The headings of the clauses in this agreement are for convenience and will not be used in the interpretation of this unless a contrary intention clearly appears.
1.2 The following terms shall have the meaning assigned hereunder:-
- "CONSUMER" means any natural person (not a company, CC, trust etc) who enters or intends entering into an electronic transaction with the WEBSITE OWNER ;
- "ECT Act" means the Electronic Communications & Transactions Act 25 of 2002 as amended from time to time;
- “PARTY” means the WEBSITE OWNER and/or USER as the case may be;
- “3D RENDER means a three dimensional photo realistic colour view of the interior of the selected room which clarifies the design, concept and scheme of the room to its best advantage; based on the “style” and “category” selected by the “USER”
- “DESIGN STYLE” means the design style available from a list presented that enables the “USER” to understand a specific look and feel, that they envisage for their space and requirements ie: Traditional and classical, modern and contemporary.
- “CATEGORY” means type of stores ie: a Ladies’ clothing store, or a man’s shoe store.
- "USER" means any person accessing any part of the WEBSITE or registering with the WEBSITE OWNER for any goods or services advertised herein;
- "WEBSITE" means http://www.spininteriors.co.za and all sub pages thereof excluding links to external sites;
- "WEBSITE OWNER" and/or "We" means Spin Interiors CC, a Close Corporation established and registered in accordance with the laws of South Africa with registration number CK 2004/028257/23;
- 3D Renders are photo realistic views of the intended space or ‘generic space that best displays the look and feel of the space as selected by the design style and category stipulated and selected by the User.
- A “REQUEST”Is made by the “USER” to the “WEB OWNER” by way of filling out a form to request a ‘custom design’ once they establish that there is no available ‘Generic download’ that suites their needs.
- ‘’GENERIC DOWNLOAD” means an existing template that can be downloaded on receipt of payment as stipulated in clause 4.3 of this agreement.
2. PERIOD AND DURATION
2.1 This agreement will commence on the acceptance by the WEBSITE OWNER and acknowledgement to the USER by e-mail that the USER has been accepted as a member and shall continue until terminated in terms of this agreement.
3. USE OF THIS SITE
3.1 The WEBSITE OWNER may amend these terms and conditions from time to time as it sees fit. The USER is advised to print off a copy of the particular version of these terms and conditions applicable to its use. Please refer to the last revision date at the foot of this page.
3.2 The WEBSITE and any services advertised herein, is not an offer to do business with the USER but rather an invitation to tender, as such any offer made by the USER to subscribe to the services of the WEBSITE OWNER is open for acceptance by the latter in accordance with these terms and conditions.
3.3 USER’S Obligations:
When registering as a USER, the USER agrees that:
- it will be irrevocably bound by the terms and conditions applicable to the use of this WEBSITE;
- it will provide full and accurate information;
- it is the USER's responsibility to check and update information pertaining to their USER account;
- registration is for a single USER and a subscriber's username and password cannot be shared with any other person ;
- a single username and password cannot be used to allow multiple access to other users over a network;
- it will not impersonate any other person or use a false or unauthorised name so as to create a false identity and/or e-mail address or to misrepresent the origin or identity of any communications;
- make available or upload files that contain software or any other material not owned or licensed to the USER;
- make use of the WEBSITE to collect, harvest or otherwise obtain personal information relating to other USER's or subscribers.
4. DELIVERY AND RESPONSE TIME
4.1 The WEBSITE OWNER estimates the time of delivery to be approximately 3 days from receipt of the required information from the USER, for the REQUESTED CONCEPT 3D RENDER. However, once the necessary information is received by the WEBSITE OWNER the actual time for delivery will be indicated to the USER by way of e-mail correspondence and at the sole discretion of the WEBSITE OWNER. The WEBSITE OWNER may not delay delivery of the REQUESTED CONCEPT 3D RENDER to the USER beyond the current stipulated time frame, provided that all necessary information is not received by the WEBSITE OWNER less than 1 day before the allotted 3 day period. All relevant information should be filled out on the request form.
4.2 The WEBSITE OWNER will respond to the USER’S questions for the JUST ASK section within 24 hrs of submission.
4.3 The method for delivery of the 3d ‘generic renders’ will be immediate on receipt of R10 000.00 and be accessible to the USER by means of accessing the download link. Should the user have requested a ‘custom’ design for download as there is no design in the library that appeals to them, the full R10 000.00 will be required as well as filling out the request form, prior to commencement of the ‘custom’ design’ an email will be sent to the user stipulating that the design is ready and a download link will be emailed to the user. It is the users responsibility to ensure that the e-mail address supplied by the USER at the time of requesting a custom design be accurate. The size of the file attachment may vary. It is the User’s responsibility to ensure that it maintains a valid personal, e-mail address for receipt of the REQUESTED CONCEPT 3D RENDERS with sufficient capacity to read and open the files submitted by the WEBSITE OWNER and that any REQUESTED CONCEPT 3D RENDERS and other data communications sent by the WEBSITE OWNER are not deleted by the USER.
4.4 Whilst every effort is made by the WEBSITE OWNER to ensure the files and other electronic communications it sends are free from any viral or other defects the WEBSITE OWNER will not be held responsible for any direct or indirect damage, or loss suffered by the USER as a result of the unintended transmission of viruses via data communications or through the use of the WEBSITE.
4.5 Alternative arrangements may be made for delivery of the REQUESTED CONCEPT 3D RENDERS other than via electronic submission. The cost for any colour printing, posting, courier service or other delivery mechanism indicated as preferred by the USER will be for the account of the USER at an additional cost as indicated to the USER by the WEBSITE OWNER. Any delay in delivery as a result of this clause, will be at the risk of the USER.
5. GENERIC STORES
5.1 Copyright of Designs remain the property of Spin Interiors and may be sold to ‘paying clients’ at the discretion of Spin Interiors, as and when required.
5.2 3D Renders are sold collectively (the entire set min-2 max-5 ) as pertaining to the Category and Design Style selected, for a nominal fee of R 10,000.00 payable via credit card or EFT through the payment gate facility.
5.3 Once payment is received, the ‘Download’ option will highlight and the selected 3D images will become accessible.
5.4 Requested ‘Concepts’ development and including brand names will remain the copyright of Spin Interiors.
5.5 Spin Interiors will not be held responsible for any concept that they have developed for any specific client being utilized and downloaded by other clients. This is to enable the ‘cost effective’ option of a ‘Generic Store’.
5.6 Should a client require Spin Interiors to take a concept through to completion i.e. working drawings as stipulated in Annexure A – Spin Interiors will deduct the amount paid for the download from the complete design fee (each category would have specific rates, depending on size/m².) The client would receive a discount for the balance of the ‘drawings’ to take the project through to completion. Inter alia, if a client downloads a generic ‘Ladies Shoe Shop’ for R 10,000.00 and then wishes Spin Interiors to do the complete working drawings, proof of payment of the download will entitle said client to a R 10,000.00 discount off the completed set of working drawings; provided the design does not vary too much from the downloaded version.
5.7 Spin Interiors endeavours to interchange the design ‘poole’ of Generic Stores to keep them current and trendy.
5.8 After 10 downloads, a particular Generic Design will be blocked and replaced with another design – to not ‘flood; the market with the same stores.’
5.9 Individual requests will be available for download on offer to individuals. There is no guarantee that these will not be downloaded by other clients. The client understands that by selling this design to a number of people, it is that process that makes the project viable to provide designs at this low cost, and to offer a discounted rate for Designer Retail Stores.
5.10 Spin Interiors “Generic Stores’ are of a ‘Generic Space’ for clients to recognise a desired look and cannot be ulitised for construction purposes without the design being implemented into actual spaces by qualified Interior Designers or Interior Architects, with accurate dimensions and in accordance to the by-laws pertaining to that country’s policies.
5.11 Spin Interiors ‘Generic’ downloads are for the purpose of obtaining a ‘concept design,’ for a lease or a bank loan NOT for the construction process, the client should contact Spin Interiors directly. Should they require an accurate design for a specific space, for construction and implementation at which point a separate agreement will then be drawn up, based on that individual client’s needs.
5.12 The ‘Just Ask’ section of the site is aimed at aiding the domestic home-owner or small business, access to online design consultants. NO drawings are available in this consultation. A question will be posed and answered within 24 hours. There is a facility to upload two photographs of the space you require answers on. A written response in the form of a consultation with suggested solutions will follow for the fee of R350.00 per question.
6. INTELLECTUAL PROPERTY
6.1 Copyright in all information, images, source codes and other original material contained in this WEBSITE which is not attributed to a third party, is held by or licensed to the WEBSITE OWNER. THE WEBSITE OWNER ASSERTS AND RESERVES ALL ITS RIGHTS, INCLUDING MORAL RIGHTS, IN THIS REGARD.
6.2 The USER may not remove the copyright symbol, alter nor make any derivative works.
7. RECEIPT OF DATA MESSAGES
7.1 Data messages, including e-mail messages, sent by USERS to the WEBSITE owner shall be deemed to be received only when acknowledged or responded to.
7.2 A data messages sent by the WEBSITE OWNER to the USER shall be regarded as received when the complete data message enters an information system designated or used for that purpose by the recipient and is capable of being retrieved and processed by the recipient.
8. USE OF FORUM AND CHAT ROOM
8.1 USERS agree that they will not utilise this WEBSITE or any service provided on it to upload, post or transmit content that is unlawful or illegal; threatening, harmful, abusive, defamatory, vulgar, obscene, or otherwise objectionable; infringe third party intellectual property rights or is in breach of a contract or duty of care.
8.2 USERS may not use the WEBSITE or take measures to restrict access to any part of the WEBSITE for other USERS; or to engage in marketing or promotional activities nor to send spam letters and chain letters.
8.3 USERS may not use the WEBSITE to engage in any commercial activity without the prior written consent of the WEBSITE OWNER.
9. PAYMENT SYSTEM
9.1 Under section 43(5) of the ECT Act the supplier must utilise a payment system that is sufficiently secure with reference to accepted technological standards at the time of the transaction and the type of transaction concerned.
9.2 This WEBSITE does not store any USER credit card information;
9.2 Upon request for registration USERS will receive the bank account details of the WEBSITE OWNER and will be required to make an electronic funds transfer to the nominated bank account, or the USER may utilise the credit card payment system E-COMMERCE which will automatically generate activation of the USER ACCOUNT. On receipt of the payment, the WEBSITE OWNER will confirm registration of the USER. The USER is advised to keep a copy of its payment to the WEBSITE OWNER as a proof of payment.
10.1 The WEBSITE OWNER does not store the personal information of any USER and will not send the e-mail address of any USER to any third party.
11. DISCLAIMERS AND LIMITATION OF LIABILITY
11.1 The WEBSITE, including the contents thereof, is provided “as is” without any warranties, whether express or implied, including but not limited to the warranties as to correctness, suitability, or fitness for purpose of either the WEBSITE or information contained in it.
11.2 This WEBSITE may contain links to third party WEBSITE's over which the WEBSITE OWNER have no control or affiliation of any kind. USER's must familiarise themselves with the terms and conditions applicable to their use of these third party WEBSITE's and any hyperlinks to third party websites should not be considered as an endorsement or recommendation of any kind by the WEBSITE OWNER of the content including but not limited to the products, services, workmanship or quality standards offered by these third party sites.
11.3 The WEBSITE OWNER will not be held responsible for any damages, direct or indirect suffered by the USER as a result of their use of third party sites.
11.4 Neither Party will be liable to the other Party for any indirect damages, consequential, economic loss nor loss of profits resulting from the USERS use of the WEBSITE or for any breach of this Agreement. In any event the maximum liability of one Party to the other for breach of this Agreement or under common law will be limited to twice the amount of the 3-D Render download, unless caused by intentional misconduct, fraudulent misrepresentation or gross negligence.
11.5 Subject to Chapter 7 of the ECT Act, the WEBSITE OWNER, its officers, employees, suppliers, ISP's, partners, affiliates and agents, shall not be liable for any damage, loss or liability, howsoever arising, incurred by USER's or any other persons and resulting from the use or inability to use this WEBSITE or resulting from the inability to open or read data communications.
12. TERMINATION, EXPIRY OR CANCELLATION
12.1 This Agreement will automatically expire on completion of the 3D Render downloads or once the ‘Just Ask’ question has been completed and sent.
12.2 Either party shall be entitled at any time by notice in writing to the other to terminate this agreement forthwith in any of the following circumstances:-
12.2.1 Either Party commits a material breach of any of the provisions of this agreement or is guilty of a serious or persistent material breach of any of the terms hereof and fails to remedy same within 10 (TEN) days of receipt of written notice from the other Party requiring it to do so.
12.2.2 If the Government of the Republic of South Africa or any other governmental authority or agency should require, directly or indirectly, any alteration of modification of any term or condition of this agreement to the substantial detriment of either Party, or the performance of either Party of its obligations hereunder to the substantial detriment of the other Party.
12.3 In the event that a USER is also a CONSUMER, it will be entitled to cancel without reason and without any penalty, this Agreement within seven days of the commencement of this Agreement PROVIDED THAT THE SERVICES (I.E. WORKING DRAWINGS AND QUESTIONS) HAVE NOT COMMENCED. The WEBSITE OWNER will fully refund any payment received from the USER, less any direct costs associated with the return of the goods or services, within 30 days after the date of cancellation and designation of the USER of an account for return of the goods.
12.4 In the event that a CONSUMER proves that the WEBSITE OWNER has not set out the information and procedures as required by SECTIONS 43(1) AND 43(2) of the ECT Act, then the CONSUMER has the right to cancel the transaction within 14 days of receiving the relevant goods or services under the transaction.
13. FORCE MAJEURE
13.1 The parties will not be liable for failure to perform any of its obligations insofar as the failure is as a result of an impediment beyond its control, could not have been reasonable avoided, or was not foreseeable at the conclusions of this Agreement. A failure to pay will not be regarded as an impediment. Examples of impediments will include but not be limited to technical failures, natural disasters, war, riots and sabotage.
13.2 Subject to clause 12.4, relief from liability for non-performance by reason of the provisions of this clause, shall commence on the date upon which the party seeking relief gives notice of the impediment relied upon and shall terminate upon the date upon which such impediment ceases to exist (FORCE MAJEURE PERIOD).
13.3 Where notice of such an impediment is given by the WEBSITE OWNER to the USER under clause 12.2, the FORCE MAJEURE PERIOD shall be added to the USER’S SUBSCRIPTION PERIOD for no additional cost but the same limitations in respect of question allocations and WORKING DRAWINGS will apply.
13.4 Where the impediment period continues for a period of more than 6 month(s) either party shall be entitled to terminate this agreement with immediate effect by written notice to the other party without any liability on either Party for breach of contract, in equity or otherwise.
14.1 This agreement constitutes the sole record of the agreement between the parties in regard to the subject matter thereof and supersedes any existing agreement concluded between the parties.
14.2 No party shall be bound by any representation, express or implied terms, warranty, promise or the like not recorded.
14.3 No indulgence which any party may grant to any other shall constitute a waiver of any of the rights of the grantor.
14.4 USERS may not cede, sub-license or otherwise transfer any rights they may have under these terms and conditions or which may otherwise have been obtained through the use of this site.
14.5 In the event of any part of these Terms and Conditions being found to be partially or fully unenforceable, for whatever reason, this shall not effect the application or enforce-ability of the remainder of this Agreement.
This agreement shall be interpreted and governed by the laws of South Africa. Any dispute or litigation between the Parties will be subject to the non-exclusive jurisdiction of the applicable courts in South Africa having jurisdiction over the matter, unless the Parties voluntarily submit themselves to an alternative dispute resolution forum.