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DESIGN BESPEAK (PTY) LTD ONLINE PLATFORM: USER AGREEMENT TERMS AND CONDITIONS

Updated June 20, 2023

  1. TERMS OF ONLINE SERVICES
    1. This Design Bespeak online application and system (hereinafter referred to as the “system”) is operated by Design Bespeak (Pty) Ltd (hereinafter referred to as “Design Bespeak”). Design Bespeak offers this system, including all information, tools and services available from this system to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
    2. By using our system, you agree to be bound by the terms and conditions as set out in this document, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These terms of online service apply to all users of the system, including but not limited to users who are browsers, vendors, customers, merchants, and/ or contributors of content.
    3. You should read these terms of online service carefully before accessing or using our system. By accessing or using any part of the system, you agree to be bound by these terms. Failure to agree to all the terms and conditions of this agreement, then no access to the system will be allowed. Acceptance of the terms are considered as a fully accepted by I agree to the Terms And Conditions & Privacy Policy section
    4. Any new services or features which are added to the current system shall also be subject to these terms of online services. You can review the most current version of the terms of service at any time on this page. We reserve the right to update, change or replace any part of these terms by posting updates and/or changes to our system. Your continued use of or access to the system following the posting of any changes constitutes acceptance of those changes.
    5. These terms and conditions apply to all platforms on which our system will be used.
  2. ACKNOWLEDGEMENTS
    1. By agreeing to these terms of online service, you represent that you have the capacity to enter into this agreement and that you shall provide us with true and accurate information regarding your user registration and user details. You shall not use our products or services for any illegal or unauthorised purpose and you shall not by the use of the online service violate any laws of the Republic of South Africa or in your jurisdiction (including but not limited to copyright laws).
    2. You acknowledge and agree that Design Bespeak is the intellectual property rights owner of all trademarks, copyright, know-how and confidential information in the Design Bespeak system. You agree that you shall use the system subject to our terms and that you shall not infringe upon any of our intellectual property rights. You shall not copy, use, distribute, adapt, modify or reverse engineer the Design Bespeak system. You shall strictly use the system in accordance with the terms and the duration as agreed upon in terms of your user conditions.
    3. A breach or violation of any of the terms will result in an immediate termination of our online services to you.
  3. GENERAL CONDITIONS
    1. We reserve the right to refuse to provide any product or service to anyone for any valid reason at any time.
    2. You understand that your personal information and content (excluding credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
    3. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the online service, use of the online service, or access to the online service or any contact on the system through which the service is provided, without express written permission by us.
  4. INFORMATION AND CONTENTS
    1. The content on this system is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. We shall as far as reasonably possible, provide accurate information regarding products and the online services. Please note that there may be instances and unforeseen circumstances where information may not be accurate, complete or current. Assumptions regarding product descriptions are based upon reasonable assumptions and general market conditions and market descriptions.
    2. The system may contain certain historical information. We reserve the right to modify the contents of this system at any time, but we have no obligation to provide you with personal update information on our system. You agree that it is your responsibility to monitor changes to our system.
    3. You should understand that report and results generated by the system are solely based upon information as received by yourself and/or your representatives and therefore, accuracy of any reports or results will depend upon the accuracy of such input information.
    4. In the event where you are required to provide or submit information or contents on any of our system or platforms, you undertake as follows:
      1. To provide and submit accurate information and to ensure that all information submitted on our platforms, will be updated in the event of change;
      2. Not to submit false, injurious or inappropriate information;
      3. Not to submit any information which will be deceitful, unlawful or prohibited by law;
      4. To ensure that you are legally entitled and/or authorised to submit the information and/or the contents;
      5. To ensure that you are not contravening any laws or regulations by submitting or uploading information or contents on our platforms.
  5. MODIFICATIONS TO THE SERVICES OR PRODUCTS
    1. Prices of products and services are subject to change without notice. We reserve the right at any time to modify or discontinue the service or product(s) (or any part or content thereof) without notice at any time.
    2. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of any part or portion or entire aspect of the online service.
    3. Certain products or services may be available exclusively online through the system. These products or services may be subject to product purchase and product return or exchange policies from respective third-party suppliers.
    4. We reserve the right, but are not obligated, to limit products and services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer.
    5. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected within specific time periods.
  6. THIRD PARTY TOOLS AND LINKS
    1. We may provide you with access to third party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the system is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third party/ies.
    2. We may also, in the future, offer new services and/or features through the system (including, the release of new tools and resources). Such new features and/or services shall also be subject to these terms.
    3. Certain content, products and services available via our Service may include materials from third parties.
    4. Third-party links on the system may direct you to third party platforms, that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third party materials or platforms, or for any other materials, products, or services of third parties.
    5. We shall not be liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party platforms. You should review third party policies and practices before engaging in any transaction. Complaints, claims, concerns, or questions regarding third party products should be directed to the third party.
  7. USER FEEDBACK AND SUBMISSIONS
    1. If applicable, you may provide us with feedback and comments on the system as per the designated space on the online platform. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
    2. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these terms of service.
    3. You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the service or any related platform. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
  8. PERSONAL INFORMATION
    1. When you use our online service or system, as part of the services provided, we collect and save your personal information such as your name, contact number, address, email address and product sales figures. You hereby agree that we may collect, collate, process and store such information on our database and servers and use such information to provide the services as specified in terms of this agreement.
    2. We shall use all reasonable endeavours to have electronic procedures and systems to ensure accuracy and to prevent unauthorised access and use of your personal information. We will not sell, rent or otherwise disclose your personal information to any third party without your consent. We reserve the right to provide information to governmental agencies, exchanges and other regulatory or self-regulatory organisations if we are required to do so by law or such action is necessary to comply with the law or with any legal process, or to protect and defend our rights and property or that of our associated companies, or to prevent fraud or abuse, misuse or unauthorised use of our system; or to protect the personal safety or property of customers or the public. We reserve the right to share non-personal, non-individual information in aggregate form with third parties for business purposes, which shall not include the disclosure of any personal information which can identify any individual consumer in any manner.
    3. When you use or browse our system, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information regarding your browser and operating system, which we may use to develop our system further.
    4. With your permission, we may send information to you via e-mail and any other electronic communication methods (as selected by you) about our system, new developments and other updates. If you wish to unsubscribe, please click the unsubscribe link at the bottom of any email correspondence or other content you have received from us.
    5. You understand that your personal information and content may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
    6. Refer to our Privacy Policy at Privacy Policy
  9. ERRORS AND INACCURACIES
    1. There may be information on our system or in the services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the service or on any related system is inaccurate at any time without prior notice.
    2. We undertake no obligation to update, amend or clarify information in the service or on any related system, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the service or on any related system, should be taken to indicate that all information in the service or on any related system has been modified or updated.
    3. We shall not be liable for any errors or inaccuracies in terms of outcomes or reports generated by our system as a result of incorrect input data. You understand that we do not control any input data, which data will be processed in the manner as supplied to us.
  10. PROHIBITED USES
    1. In addition to other prohibitions as set forth in the terms of service, you are prohibited from using the system or its content:
      1. (a) for any unlawful purpose;
      2. (b) to solicit others to perform or participate in any unlawful acts;
      3. (c) to violate any international, national, provincial or municipal regulations, rules, laws, or local ordinances;
      4. (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
      5. (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
      6. (f) to submit false or misleading information;
      7. (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related system, other systems, or the internet;
      8. (h) to collect or track the personal information of others;
      9. (i) to spam, phish, pharm, pretext, spider, crawl, or scrape;
      10. (j) for any obscene or immoral purpose; or
      11. (k) to interfere with or circumvent the security features of the service or any related system, other systems or the internet. We reserve the right to terminate your use of the service or any related system for violating any of the prohibited uses.
  11. DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY
    1. We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
    2. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
    3. In no case shall Design Bespeak, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Due to some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
    4. You agree to indemnify, defend and hold harmless Design Bespeak and our holding company/ies, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these terms of online service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
  12. TERMINATION
    1. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
    2. These terms of service are effective unless and until terminated by either you or us. You may terminate these terms of service at any time by notifying us that you no longer wish to use our services, or when you cease using our system.
    3. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these terms of service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our services (or any part thereof).
  13. GENERAL
    1. Entire Agreement: These terms and any policies or operating rules posted by us on this system or in respect to the online service constitutes the entire agreement and understanding between you and us and govern your use of the online service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the terms).
    2. Severability: In the event of the invalidity of any part or portion of this agreement for any reason whatsoever, such invalidity shall not affect the validity or enforceability of any other part or provision of this Agreement and such invalid part or portion shall be deemed to have been struck out of the agreement.
    3. Waiver: The failure of us to exercise or enforce any right or provision of these terms of service shall not constitute a waiver of such right or provision.
    4. Interpretation: Any ambiguities in the interpretation of these terms of service shall not be construed against the drafting party.
    5. Governing law: These terms and any separate agreements whereby we provide you online services and/or products, shall be governed by and construed in accordance with the laws of the Republic of South Africa.
    6. Contact: Questions about the terms of online service and/or products can be sent to [email protected]