Terms of Service

Revised June 2024

Introduction

Welcome to ATTIK Design. These terms and conditions outline the rules and regulations for the use of ATTIK Design’s services and website.

By accessing or using our services, we assume you accept these terms and conditions. Do not continue to use ATTIK Design if you do not agree to take all of the terms and conditions stated on this page.

Definitions

“Agreement” means these Terms and Conditions, incorporating the written Order Quotation issued to and accepted by or on behalf of the Client.
“ATTIK Design” means ATTIK Design CC (Registration Number 2010/056565/23) a company with limited liability incorporated and registered in accordance with the laws of South Africa.
“Client” means the person or entity to whom the Goods are provided in terms of this Agreement, and includes any agent or service provider authorized to act on behalf of the party which has contracted to obtain the Goods.
“CPA” means the Consumer Protection Act 68 of 2008 and its regulations, including without limitation, all amendments thereto in force from time to time.
“Goods” means the range of products that ATTIK Design makes available to its Clients, including but not limited to its bespoke furniture range which are manufactured by third parties, in terms of ATTIK Design’s direction and commission, and made to order in accordance with the Order Quotation and includes any innovations or extensions to the range or such other products that ATTIK Design may make available from time to time to the Client.
“Intellectual Property” means all intellectual property rights, including patents, trademarks, service marks, registered designs, database rights, trade or business names, know-how, copyright (including rights in software), design rights, domain name rights, and any other intellectual property rights and rights of a similar or corresponding nature (whether registered or not and whether capable of registration or not) and including the right to apply for and all applications for any of the foregoing rights and the right to sue for infringements of any of the foregoing rights, which are proprietary to ATTIK Design.
“Order” means the request made by the Client in respect of the Goods to which the Order Quotation relate.
“Order Quotation” means the document in which ATTIK Design sets out the details relating to the Client’s requested Order relating to the Goods, the price(s), and other terms relevant to the order.
“Parties” means ATTIK Design and the Client as the parties to this Agreement.
“Prime Rate” means a rate of interest per annum which is equal to the minimum lending rate of interest per annum, compounded monthly in arrears, charged for the time being by ATTIK Design’s nominated bankers.
“VAT” means Value Added Tax imposed in terms of the Value Added Tax Act 89 of 1991.

Intellectual Property Rights

Other than the content you own, under these terms, ATTIK Design and/or its licensors own all the intellectual property rights and materials related to our services. You are granted a limited license only for purposes of viewing the material provided by ATTIK Design.

Restrictions

You are specifically restricted from all of the following:

Publishing any material provided by ATTIK Design in any other media without prior consent.
Selling, sublicensing, and/or otherwise commercializing any material provided by ATTIK Design.
Publicly performing and/or showing any material provided by ATTIK Design.
Using our services in any way that is or may be damaging to ATTIK Design.
Using our services contrary to applicable laws and regulations, or in any way that may cause harm to ATTIK Design, or to any person or business entity.
Engaging in any data mining, data harvesting, data extracting, or any other similar activity in relation to ATTIK Design’s services.
Using our services to engage in any advertising or marketing.

Certain areas of our services are restricted from being accessed by you and ATTIK Design may further restrict access by you to any areas of our services, at any time, in absolute discretion. Any user ID and password you may have for our services are confidential and you must maintain confidentiality as well.

Your Content

In these terms and conditions, “Your Content” shall mean any audio, video, text, images, or other material you choose to display or provide to ATTIK Design. By providing Your Content, you grant ATTIK Design a non-exclusive, worldwide irrevocable, sub-licensable license to use, reproduce, adapt, publish, translate, and distribute it in any and all media.

Your Content must be your own and must not be invading any third party’s rights. ATTIK Design reserves the right to remove any of Your Content from our services at any time without notice.

No Warranties

ATTIK Design’s services are provided “as is,” with all faults, and ATTIK Design express no representations or warranties, of any kind related to our services or the materials provided. Also, nothing contained within our services shall be interpreted as advising you.

Limitation of Liability

In no event shall ATTIK Design, nor any of its officers, directors, and employees, be held liable for anything arising out of or in any way connected with your use of our services whether such liability is under contract. ATTIK Design, including its officers, directors, and employees shall not be held liable for any indirect, consequential, or special liability arising out of or in any way related to your use of our services.

Indemnification

You hereby indemnify to the fullest extent ATTIK Design from and against any and/or all liabilities, costs, demands, causes of action, damages, and expenses arising in any way related to your breach of any of the provisions of these terms.

Severability

If any provision of these terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.

Variation of Terms

ATTIK Design is permitted to revise these terms at any time as it sees fit, and by using our services you are expected to review these terms on a regular basis.

Assignment

ATTIK Design is allowed to assign, transfer, and subcontract its rights and/or obligations under these terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these terms.

Entire Agreement

These terms constitute the entire agreement between ATTIK Design and you in relation to your use of our services and supersede all prior agreements and understandings.

Governing Law & Jurisdiction

These terms will be governed by and interpreted in accordance with the laws of the State, and you submit to the non-exclusive jurisdiction of the state and federal courts located in the State for the resolution of any disputes.