General Site Usage Terms and Conditions
1. Welcome to designindaba.com ("the website"). The purpose of the website is to provide information about Design Indaba and the international and South African design communities. The website is owned by Design Indaba, a section 21 company.
2. By accessing and using the website, you, the user, agree to be bound by the terms and conditions that are set out in this notice. If you do not wish to be bound by these terms and conditions, then you may not access, display, use, download and/or otherwise copy or distribute any of the content of this website.
Use of the website
3. You agree that your use of this website is for lawful purposes only. You agree that you will not use this website for any unlawful purpose, including but not limited to: the commission of a criminal offence; to gain unauthorised access to other computer systems; or for the transmission of unlawful or harmful material or computer code. You also agree to abide by the forum guidelines and adhere to the code of conduct when dealing with other users of the website. You agree that use of the forums is subject to monitoring by moderators and that any offensive, inflammatory, abusive or derogatory behavior will result in your being suspended or banned from the website. If your behavior contravenes any laws or results in any criminal activity occurring on the website, you will be banned immediately and. If your behavior leads to criminal activities, any necessary details in our possession will be passed on to the relevant authorities.
As the website allows the uploading and display of images and video content, any material deemed to be illegal or offensive, will result in the immediate revocation of membership and a ban order from the website. Design Indaba will allow content that depicts nudity in an artistic manner but will not tolerate any pornographic, derogatory or offensive content. Design Indaba reserves the right to remove any material it sees fit, without your consent and at any time. Please refer to our content guidelines for what is permissible.
If you upload or unlawfully make use of material that is not your own, is copyrighted, or is for whatever reason not allowed to be displayed on the website, Design Indaba will not be held liable for any action that may result because of said material. You agree to provide only material that is yours or that you have clear permission to make use of on our website. Design Indaba reserves the right to revoke membership of those who do not abide by the above. Design Indaba also reserves the right to remove any material, at any time and without consent, that does not have the necessary rights or permissions to be on the website.
4. You agree to access and use this site entirely at your own risk. Please read the Exclusion of Liability clause in this notice.
5. This website is owned and operated within the Republic of South Africa. Therefore, these terms and conditions are governed by the laws of the Republic of South Africa, and the user consents to the jurisdiction of the Witwatersrand High Court in the event of any dispute.
Accuracy and currency of information
6. While every effort is made to ensure that the information provided on the website is current and accurate, you should not assume that the information on the website is always current or accurate, and other sources of this information should be consulted before making any decision to act on the information displayed on this website.
7. We respect the privacy of all visitors to this site. You may use this site without providing any personal information. However, so that we can continually assess the popularity of the site and improve it for our visitors, we collect information on the number of visits to the site, pages viewed, etc. Any information that is supplied for membership purposes will not be passed on to any third parties.
Copyright and use of material
8. Design Indaba retains copyright in the website and all current and future content displayed on the website which is not owned by third parties. Any material added to the site by registered users for display in their galleries, on the front page, or any other place on the website remains the property of these members. This material may not be reproduced, duplicated, copied, resold or otherwise exploited for any commercial purpose without the express prior written consent of the member. Design Indaba will not sell, license or grant permission for use of any material belonging to any third parties.
In terms of a limited licence, granted for general use, Design Indaba grants you, the user, subject to these terms and conditions, a non-exclusive, non-transferable, limited and revocable right to access, display, use, download and otherwise copy the current and future content of the website for your personal, non-commercial and informational purposes only.
In addition, the website owner grants the user permission to copy and distribute information from the website for non-commercial purposes, provided that: (i) this information has not been sourced from third parties; (ii) the user notifies the webmaster of such use; and (iii) Design Indaba is acknowledged as the source by reference to the website name and address.
The website and its content may not be reproduced, duplicated, copied, resold or otherwise exploited for any commercial purpose without the express prior written consent of Design Indaba.
9. We value comments received from visitors to our site. However, you agree not to transmit any material that is unlawful or harmful, defamatory, abusive, threatening, vulgar or obscene. You remain liable to any third party for your comments, and Design Indaba is not liable to any third party regarding the content of your comments.
10. This website provides links to other websites. The fact that we have such links must not be construed as constituting any relationship or endorsement of the linked third party, and reliance on all information and content provided by the external link is done so at your own risk. Third party advertising and promotional material may be displayed on the site from time to time, and the display of such material should not be construed as Design Indaba endorsing or creating any relationship between Design Indaba and that third party. Reliance on any such promotional or advertising material is entirely at your own risk.
Exclusion of liability
11. It is a term and condition of the use of this site that you expressly agree that the use of the site is entirely at your own risk. The website and all content on the website is provided on an "as is" basis, and Design Indaba makes no representations or warranties of any kind, whether express or implied, to the accuracy of the contents on the website. Design Indaba does not warrant that the functions provided by the site will be uninterrupted or error-free, or that the site or the server is free from viruses or other harmful components, though every effort is made to keep the server free of malicious or harmful code.
12. Design Indaba, its owners, directors, volunteers, officials, suppliers, agents and/or representatives shall not be liable for any loss or damage, whether direct, indirect or consequential, or any expense of any nature whatsoever, which may be suffered by you the user, which arises directly or indirectly upon reliance of the website and/or its content.
13. Design Indaba, its agents or suppliers shall not be responsible for any direct or indirect special consequential or other damage of any kind whatsoever suffered or incurred by you related to your use of, or your inability to access or use, the content or the website or any functionality of the website or of any linked website, even where Design Indaba is expressly advised thereof.
14. You will indemnify Design Indaba, its directors, volunteers, officials, agents, suppliers or representatives, and keep them fully indemnified, from and against any loss or damage suffered or liability incurred in respect of any third party, which arises from your use of this website.
15. Any information or content supplied to Design Indaba for the purposes of publication on designindaba.com may be made freely available for public consumption. Design Indaba cannot be held responsible for how this information is utilised by members of the public, and will not be held liable by the client or user for any misuse of personal or copyrighted information.
Support: email: firstname.lastname@example.org
Support: telephone: +27 21 465 9966
Physical address: 3rd Level, 16 Mill Street, Gardens, South Africa
Designer Directory Terms & Conditions
- The Designer Directory is a curated database of designers and creative agencies and businesses and therefore Design Indaba has absolute discretion to refuse or reject any listing for any reason.
- The client will take full responsibility for their own content, website and any goods and services they provide.
- Design Indaba may remove a listing from the Designer Directory without notice at any time and for any reason.
- The client warrants to Design Indaba that the listing: (a) is true and accurate in all respects; (b) does not infringe any rights of any person, including intellectual property rights; (c) is not obscene, indecent or defamatory; and (d) does not contravene any federal, state or territory act, regulation or other law.
- The client indemnifies Design Indaba against any loss, damage, demand, cost (including legal cost), expense or other liability arising from or attributable to the listing or any other breach by the client of these terms.
- To the extent permitted by law, all conditions and warranties implied by law or otherwise not expressly set out in these terms and conditions are excluded.
- All information and content supplied to Design Indaba for the Designer Directory may be made freely available for public consumption. Design Indaba cannot be held responsible for how this information is utilised by members of the public, and will not be held liable by the client for any misuse of personal or copyrighted information.
- To the extent permitted by law, under these terms and otherwise in connection with the clients listing, Design Indaba excludes liability for all indirect, consequential or special losses or damages including loss of profits howsoever arising.
- Design Indaba will not be liable to the client or any other person for any loss of whatever kind suffered as a result of a listing, or the removal of a listing.
- If a condition or warranty implied by law is prohibited from being excluded, that condition or warranty applies. To the extent permitted by law, our liability for any breach of an implied term is limited to the resupply of the services.
E-commerce Terms & Conditions
Design Indaba is a business in the design and creative industry that markets and sells publications, products, memberships and other services.
Agreement of sale
An agreement of sale between Design Indaba and a customer is only valid once payment has been made and the company receives proof of payment. Up until this point all goods remain the property of Design Indaba.
Subject to availability and receipt of payment, requests will be processed within 3 working days and delivery confirmed by way of booking number.
All orders are dispatched via Post Office, Courier service or international air mail. A delivery being late is not grounds for return or refund.
You accept that in order for us to prove delivery of an order, we do not have to prove that you personally received the goods, but rather that any person at the delivery address signed for the delivery.
The offering on this website is available to South African and international clients. There are no export restrictions to the goods on sale.
Return and refunds policy
The provision of goods and services by Design Indaba is subject to availability. In cases of unavailability, Design Indaba will refund the client in full within 30 days.
An order may be cancelled if payment has not been made yet for the order by the customer. Once payment has been made by the customer for an order, the order can only be cancelled within 48 hours of Design Indaba receiving the payment or before the order has been dispatched by Design Indaba, whichever is the earlier. A cancellation of a paid order will attract a 10% administration fee to cover bank charges and other costs associated with refunding the customer for the cancelled order.
If a product is damaged or broken upon receipt, Design Indaba must be informed with 24hours of receiving it. Arrangements will then be made for the damaged product to be returned to us and a replacement product will be sent to you at the expense of Design Indaba. Alternatively, Design Indaba may refund you in full for the damaged or broken product.
If you are accidentally sent the wrong product, Design Indaba must be contacted immediately. Our systems will be checked and should a miss pick have occurred, the product will be swapped with the correct one at the cost of Design Indaba.
As the products sold through the Design Indaba Gallery and Free Range are supplied by third parties, should you be unhappy with a product for a valid reason, and Design Indaba is informed with 28 Hours of receiving the product, the third party supplier will be informed of the problem. Remedy of the situation will be for the supplier's discretion.
Design Indaba shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, "personal information" shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded here.
Design Indaba respects your privacy as a customer. This means that any and all personal details collected on this site will be kept strictly confidential and will not be sold, reused, rented, disclosed or loaned. All information provided will held with the utmost care and will only be utilized for the purposes of processing the order and providing the best possible service.
Payment options accepted
Payment may be made via Visa, MasterCard credit cards, or by bank transfer into the Design Indaba bank account, the details of which will be provided on request during the check-out process.
Credit card acquiring and security
Credit card transactions will be acquired for Design Indaba via PayGate (Pty) Ltd who are the approved payment gateway for ABSA South Africa. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no credit card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.
Customer details separate from card details
Customer details will be stored by Design Indaba separately from card details which are entered by the client on PayGate's secure site. For more detail on PayGate refer to www.paygate.co.za.
Merchant Outlet country and transaction currency
The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction Currency is South African Rand (ZAR).
Design Indaba takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods.
It is our mission that all information on this website is as accurate and up to date as possible, and that all products promoted cause no harm to our customers or the environment. However, due to the possibility of human and technical error, Design Indaba accepts no responsibility for the accuracy or completeness of information provided on the website.
Use of the site
This site may be used by customers to browse the content and products and to make legitimate purchases. Persons may not use this site for any purposes such as fraudulent or speculative transactions or to copy, reproduce, republish or redistribute any of the images or content available on the site.
Country of domicile
This website is governed by the laws of South Africa and Design Indaba chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature: 3rd Level, No 16 Mill Street, Gardens, 8001, South Africa.
Design Indaba may, in its sole discretion, change this agreement or any part thereof at any time without notice.
This website is run by Interactive Africa, a private company based in South Africa trading as Interactive Africa and with registration number 1995/008544/07.
Design Indaba®, Cape Town Design Week®, Johannesburg Design Week®, Durban Design Week® and South African Design Week® are registered trademarks of Interactive Africa.
Design Indaba is the founding event of Cape Town Design Festival™ and South African Design Festival™.