Terms and Conditions
Terms and Conditions of participation in Peek
1. PEEK is a Website (“the Website”) developed by the Craft and Design Institute (CDI) with the objectives of improving the online presence of South African craft and design products and producers, and increasing their exposure to local and international consumers, by providing a searchable visual gallery of craft and design products.
2. The Website enables consumers to search for products according to certain criteria, and access relevant producers’ product images and information, and contact information.
3. In order to participate on the Website as a producer, you (“the Participant” or “you”) are required to be a registered CDI Business member.
4. The Website is not a platform for selling products online, but enables consumers to connect with producers for direct trade purposes, either offline or via your own ecommerce platform. CDI is not a party to any transaction arising from the introduction of a consumer to a producer by means of the Website.
5. No fees are payable by you in order to participate on the Website.
6. CDI will market the Website and seek to increase traffic to it, but cannot guarantee that any sales of your products will flow from your participation on the Website.
Terms and conditions
7. You may not participate on the Website unless you agree to abide by these terms and conditions of participation, as well as the terms and conditions of use of the Website itself (available here), which form part and parcel of the terms by which you agree to be bound. If you do not agree with any of these terms and conditions, then you must refrain from participating on the Website.
8. CDI reserves the right, in our sole discretion, to amend any terms and conditions of participation on or use of the Website. Such amendments will replace any previous terms, will be made available on the Website, and will apply from the time of publication on the Website. It is your responsibility to acquaint yourself with the terms and conditions as modified from time to time. Each time you access and/or use and/or participate on the Website, you will be deemed to have consented, by such access and/or use and/or participation, to the terms as amended from time to time. If you are not satisfied with any amended terms, you are required to refrain from accessing or using the Website and to withdraw from participating thereon.
Content to be uploaded to the Website
9. You agree to upload to the Website images of your products as well as your contact information such as email, phone and website details. You consent to these images and information being publicly accessible on the Website. You may not upload to the Website images or descriptions of any products that you are re-selling, or in respect of which you were not involved in the creation process as the person either making or designing the product.
10. Images uploaded to the Website should be attractive and interesting, and must:
10.1 depict craft and design products;
10.2 depict products you have personally made or designed;
10.3 be your own photographs, or ones by third parties who have licensed you to use and upload them;
10.4 be accompanied by a specific product description which relates to the product depicted in the specific image, using the descriptive options provided on the Website which are utilised to enable your product to appear in search results;
10.5 comply with specific requirements set out on the Website concerning file size and resolution;
10.6 accurately reflect your product, service or brand; and
10.7 not be stock photos or artistic renderings.
11. We reserve the right to approve or reject any images or information uploaded by you before we permit them to go live on the Website. We aim to approve or reject content within 24 business hours of upload by you. In the event that content has been rejected owing to non-compliance with our requirements, we shall notify you.
12. You agree that we may utilise any information uploaded by you to the Website, including images and contact information, for advertising and marketing purposes in line with the objectives of improving the online presence of South African craft and design products and producers, and increasing their exposure to local and international consumers.
13. You agree to be honest in all representations of your products and services on the Website, including the descriptions of persons involved in making or designing your products, your product photos and descriptions, and any description of you as a producer.
15. You agree and warrant that your log-in name and password shall be used by you for your personal use only, and shall not be disclosed to any third party.
16. We aim to ensure that the Website, as well as your account and content, is secure. However we cannot guarantee that unauthorised third parties will not be able to defeat our security measures. You agree to notify us immediately should you become aware of or suspect that your account has been accessed without your authorisation, and to immediately change your password for security reasons in such instance.
17. We reserve the right to take whatever action we deem necessary to preserve the security, integrity and reliability of our network and back-office applications.
CDI’s Intellectual property rights
18.1 For the purpose of this clause, “Intellectual property rights” means all and any of the rights in and to intellectual property of any nature whatsoever owned and/or controlled directly or under licence by CDI, now or in the future, including without limitation, CDI’s rights, title and interest in and to all technology, source code/s, trade secrets, logos, systems, methods, trademarks, trade names, styles, insignia, designs, patents and copyright, and all similar proprietary rights which may subsist in any part of the world, whether registered or not.
18.2 All intellectual property rights in all content, trademarks, software, data, material, including logos, databases, text, graphics, icons, hyperlinks, confidential information, designs, agreements, and multimedia works, published on or via the Website (“proprietary material”), are the property of, or are licensed to, CDI and as such are protected from infringement by local and international legislation and treaties. Where any content has been licensed to Service Provider or belongs to any third party, your rights of use are additionally subject to any terms and conditions such licensor or third party may impose from time to time, and you agree to comply therewith.
18.3 All rights not expressly granted are reserved and no right, title or interest in any proprietary material or information contained in this Website is granted to you.
18.4 You may not use our logo, name, trademarks or branding in any way that confuses third parties as to your relationship with us.
Your intellectual property rights
19.1 Subject to 19.2 below, you retain all rights in and are solely responsible for all content you upload to the Website.
19.2 By submitting any content for upload to the Website, you automatically grant CDI a non-exclusive, royalty-free, transferable, sub-licensable, perpetual, irrevocable right and licence to use, store, display, reproduce, modify, publish, create derivative works, translate, sub-license, copy and distribute such content in whole or in part worldwide, and to incorporate it in other works in any form, media, or technology now known or hereinafter developed, for the full term of any copyright that may exist in such content. Subject to this licence, you retain any and all rights that may exist in such content.
19.3 Nothing in these terms restricts any other rights CDI may have to your content, under any other licences or agreements.
19.4 The Website, and your content uploaded to it, is publicly accessible. We accordingly cannot control, or accept any liability for, the use or misuse by any third party of the Website or any content.
Third parties’ intellectual property rights
20.1 You agree to respect the intellectual property rights of others. We reserve the right, in our sole discretion, to terminate or suspend your participation in PEEK and/or reject or remove content you have uploaded in the event of suspected or alleged copyright or intellectual property infringement.
20.2 If we receive a complaint from a copyright holder that you have infringed copyright, we may remove the material which is alleged to constitute the infringement. We will send you a copy of the complaint received, on request by you. If you believe that the material was incorrectly removed as it does not infringe upon a third party’s copyright, then you may inform us accordingly and we shall investigate your claim to be the actual copyright holder.
21. Your participation in PEEK and on the Website is entirely at your own risk, and you assume full responsibility and risk of any loss resulting therefrom.
22. You hereby unconditionally and irrevocably indemnify us (being CDI, its directors, employees and agents) and agree to hold us free from all loss, damages, claims and/or costs, of whatsoever nature suffered or incurred by us or instituted against us, including the cost of defending any legal proceedings, as a direct or indirect result of:
22.1 your use of and participation on the Website;
22.2 your content uploaded to the Website; or
22.3 your failure to comply with any of the terms or any other requirements which we may impose from time to time.
23. We make no warranty or representation as to the availability, accuracy or completeness of the content of the Website. You expressly waive and renounce all your rights of whatever nature that you may have against us in respect of any loss suffered by you, as a result of information on the Website being incorrect, incomplete or inaccurate.
Applicable law and territory
24. These Terms shall be governed in all respects by the laws of the Republic of South Africa.
25. If any provision of this agreement is held to be unlawful, invalid or unenforceable, then that provision shall be deemed severed, and the balance of this agreement shall not be affected but shall be enforced to the full extent of the law.
26. In the event of any dispute between you and us arising from your participation on the Website, we must first be contacted at fran.stewart@theCDI.org.za or 021 461 1488.
27. If we are unable to resolve the dispute, then it may be pursued further only by submission to confidential arbitration under the auspices of the TOKISO Dispute Resolution Panel and in terms of their expedited rules for arbitration, which are available at http://www.tokiso.com/images/stories/useful_info/tokiso_expedited_arbitration_rules.pdf. The jurisdiction of the courts is specifically excluded, save for urgent interim relief.
28. Our address for all legal purposes under this agreement, for delivery of notices and communications of any nature, is 2nd Floor, Harrington House, 37 Barrack Street, Cape Town.
29. You select as your address for legal purposes, the address you provided to us when you joined our database of members. You may change such address by giving us seven (7) days’ notice in writing.
Compliance with laws
30. You undertake to comply with all applicable laws, statues, ordinances and regulations pertaining to your participation on the Website.
Notices and electronic communication
31. Any notices required to be given may be given by email to fran.stewart@theCDI.org.za (in the case of CDI) or to the e-mail address you have uploaded on the Website (in your case). Notice shall be deemed to have been received 48 (forty eight) hours after the email has been sent. Alternatively, we may give you notice by registered mail, to the address which you have uploaded to the Website. In such case, notice shall be deemed to have been received 7 (seven) calendar days after the date of mailing. You acknowledge that all notices or other communications required to be given in terms of the law or these Terms may be given via electronic means and that such communications are “in writing”. Notwithstanding anything to the contrary, a written notice or communication actually received by a party shall be an adequate written notice or communication to it, notwithstanding that it was not sent to or delivered at the address/es chosen for that purpose.
Breach, suspension and termination
32. We may terminate or suspend your participation in PEEK or on the Website at any time, by notice to you.
33. In addition to any other remedy available to us in law or under these Terms, including the right to obtain an interdict, we reserve the right to, without notice, limit or deny use of the Website and services, or claim specific performance of any obligation whether or not the due date for performance has arrived, in either event without prejudice to our right to claim damages, should you:
33.1 breach any of these Terms;
33.2 in our sole discretion, use the Website in an unauthorised manner, including should we suspect fraud or abuse; or
33.3 infringe any statute, regulation, ordinance or law.
34. You agree to reimburse to us on demand the costs associated with any legal action we may take against you arising from your infraction, on an attorney and client scale.
35. Our failure to act with respect to any infraction by you or others does not constitute a waiver of our right to act with respect to subsequent or similar infractions.
36. You may not cede or assign your rights or delegate your obligations in terms of this agreement to any third party without our prior written consent.
37. No party shall be bound by any express or implied term, representation, warranty, promise or the like not recorded herein, whether it induced the contract and/or whether it was negligent or not.
38. The head notes to the paragraphs in this agreement are inserted for reference purposes only and shall not affect the interpretation of any of the provisions to which they relate.
39. Words importing the singular shall include the plural and vice versa, and words importing any one gender shall include the other genders, and words importing persons shall include partnerships and corporate and unincorporated entities.
40. This agreement set forth the entire understanding and agreement between CDI and you with respect to the subject matter thereof.