Website Terms of Use Agreement and Privacy Policy

  • 1. WEBSITE TERMS OF USE

    These Terms (“Terms”) govern your use of our website located at [INSERT DETAILS] (“the Website”). By accessing and using the Website, you agree to be bound by the Terms set out in this legal notice. If you do not wish to be bound by these Terms, you may not access, display, use, download, or otherwise copy Content obtained at the Website.

  • 2. UPDATING OF THESE TERMS

    We may change, modify, add to or remove from portions or the whole of these Terms. Changes to these Terms will become effective when the changes are posted to this Website. We shall notify you of the changes by posting a prominent notice on the Website. Your continued use of the Website following the posting of changes or updates will be considered notice of your acceptance of these Terms, including any changes or updates.

    You are responsible for familiarising yourself with these terms and conditions as well as any updates hereto.

  • 3. SUPPLIER OF GOODS OR SERVICES DETAILS
    • 3.1 We are:
      • 3.1.1 Tabou Designs Close Corporation;
      • 3.1.2 VAT registration number pending;
      • 3.1.3 with its physical address at:
        • The Corner Shop
        • Shop 32 Menal Place
        • Corner of 4th and 7th Street
        • Linden;
      • 3.1.4 Tel +27 () 11 888 2094 ;
      • 3.1.5 Our place of registration is 6 Sixth Street, Linden, 2195; and
      • 3.1.6 We will accept legal service at c/o Badal Attorneys, 20 Baker Street 1st Floor Rosebank, 2132;
      • Our members are: Mr John Generalis and Melissa Generalis;
      • The main business of Supplier is the display, exhibition and sale of artwork by Yiannis John Generalis;
    • 3.2 Our website is http://www.yannisjohn.com and its email address is info@yannisjohn.com;
  • 4. GOODS OR SERVICES

    Artwork

  • 5. TERMS OF USE
    • 5.1 Artworks offered through this website by Supplier are strictly on an “as is” basis for a price displayed including all costs and fees.
    • 5.2 You will receive an email with a password and user name within 1 (One) day of registration.
  • 6. PAYMENT
  • 7. COMPLAINTS AND DISPUTES

    We accept complaints via the “Contact us” (http://www.yannisjohn.com/yj/contact) service of the website http://www.yannisjohn.com . Currently the Supplier does not subscribe to any alternative dispute resolution code or mechanism.

  • 8. COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS
    • 8.1 We provide certain images of artwork and information on the Website. Content displayed at the Website is provided by us, our affiliates or subsidiaries, or any other third party owners of the content (“Content”). All the proprietary works, and the compilation of the proprietary works, belong to us, our affiliates or subsidiary, or any third party owners of the rights (“Owners”), and the Content is protected by international copyright laws.
    • 8.2 We may make any changes to the Website, the Content, or to products or services offered through the Website at any time and without notice to you. All rights in and to the Content is reserved and retained by the Owners. Except as specified in these Terms, you are not granted a license or any other right including under Copyright, Trademark, Patent or other Intellectual Property Rights in or to the Content.
  • 9. LIMITED LICENSE TO GENERAL USERS
    • 9.1 We grant you, a non-exclusive, non-transferable, limited and revocable (reversible) right to access, the current and future Content for personal, non-commercial and information purposes only.
    • 9.2 This Website and the Content may not be reproduced or otherwise exploited for any commercial purpose without our express prior written consent.
    • 9.3 The license does not allow you to collect product or service listings, descriptions or other information displayed here, and does not allow any derivative (copied or derived) use of this Website or the Content for the benefit of another merchant. You may not frame the Website or the Content without the express written consent of Provider.
    • 9.4 We do not offer products or services to minors. If you are under the age of 18 (Eighteen), you may not act upon any offers on the Website.
    • 9.5 We and our affiliates or subsidiary reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
    • 9.6 Any unauthorised use terminates this license.
  • 10. LIMITATION OF LIABILITY
    • 10.1 The Website and all Content on the Website, are provided on an “as is” basis, and may include inaccuracies or typographical errors and we, our, suppliers, employees, directors partners, affiliates and agents will not be liable for any damage, or loss or liability of any nature incurred by whoever as a result of any action or omission. We make no warranty or representation as to the availability, accuracy or completeness of the Content, or any third-party content accessible via an Internet link.
    • 10.2 We nor any holding company, affiliate or subsidiary of Provider or Owners, will be held responsible for any damage of any kind, related to the use of, or the inability to access or use the Content or the Website or any functionality, or of any linked website to the extent permissible by law.
  • 11. PRIVACY, ACCESS TO AND USE OF INFORMATION
    • 11.1 We receive various types of information (“Information”) from Users who access the Website, including personal information.
    • 11.2 We may electronically collect, store and use Personal Information, including (insert relevant types, eg name, contact details, surfing patterns, email, IP address).
    • 11.3 The website may make use of cookies.
    • 11.4 Despite any undertaking relating to non interception of communications, it is possible for Internet-based communications to be intercepted
      • 11.4.1 Without the use of encryption, the Internet is not a secure medium and privacy cannot be ensured. Internet e-mail is vulnerable to interception and forging.
      • 11.4.2 We shall not be responsible for any damages you or any third party may suffer as a result of the transmission of confidential or disclosed information that you make to the Owners or Provider through the Internet, or that you expressly or implicitly authorise the Owners to make, or for any errors or any changes made to any transmitted information.
    • 11.5 To ensure acquaintance with and awareness of the privacy measures and policies of the Provider, the User is urged to take care to read and understand the underlying privacy clauses incorporated in these Terms.
  • 12. PRIVACY - CASUAL SURFING
    • 12.1 You may visit the Website without providing any personal information.
    • 12.2 You accordingly grant express written permission for the Website servers in such instances collecting the IP address of the User computer, and the email address or any other distinguishing information.
    • 12.3 This information is aggregated (added up) to measure the number of visits, average time spent at the Website, pages viewed, etc.
    • 12.4 We use this information to determine use of the Website, and to improve Content.
    • 12.5 We assume no obligation to protect this information, and may copy, distribute or otherwise use the information.
  • 13 PRIVACY - UNSOLICITED INFORMATION
    • 13.1 If you post unsolicited content or other information (“Information”) to the Website and do not indicate otherwise you grant us a:
      • 13.1.1 non-exclusive;
      • 13.1.2 royalty-free;
      • 13.1.3 perpetual (everlasting);
      • 13.1.4 irrevocable (irreversible); and
      • 13.1.5 fully sub-licensable,

      right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Information throughout the world in any media.

    • 13.2 You grant to us the right to use the name that you submit in connection with such Information, and warrants:
      • 13.2.1 that you own or otherwise control all of the rights to the Information that you post;
      • 13.2.2 that the Information is accurate;
      • 13.2.3 that by the supply of the Information to us:
      • 13.2.4 You do not violate this Policy and do not infringe the rights of any person or entity; and

      That you indemnify us for all claims resulting from the receipt by us of the Information you supply to us.

    • 13.3 We may monitor and edit or remove any Information, where posted to public pages. We take no responsibility, and assume no liability for any Information posted by you or any third party.
  • 14 PRIVACY-SOLICITED INFORMATION YOU GIVE TO US
    • 14.1 We are committed to protecting your privacy. We do however require certain Personal Information necessary to process transactions if the User requires any of Provider’s products or services.
    • 14.2 We receive and store all Information, including Personal Information which you enters on the Website or give to us, in any other way. We may choose not to provide certain Personal Information, but that may limit the services or products that you may wish to obtain from us.
    • 14.3 Your Information that is required by affiliates and subsidiaries to give effect to transactions that you choose to enter into, is shared with those entities.
    • 14.4 Your Personal Information shall not be sold.
  • 15 PRIVACY - PROMOTIONAL INFORMATION

    We aspire to provide first-class service to our users, which requires us providing information to you about new works or special offers. In each instance, you are provided an opportunity to opt-out of such information circulars.

  • 16 PRIVACY- LAWFUL PURPOSES

    When we are served with due legal process requiring the delivery of Personal Information, we have the legal duty to abide by that demand, and will do so. We may also impart Personal Information if permitted or required to do so by law.

  • 17 PRIVACY-SURVEYS AND STATISTICAL PROFILES
    • 17.1 We understand that efficiency and customer care translates to good service. We may periodically conduct online customer care surveys to enable the updating of service standards.
    • 17.2 When we conduct a survey, we must inform you how the information gathered will be used, and provide you with the opportunity to opt-out from such surveys.
    • 17.3 Despite terms to the contrary, we may chose to use Personal Information to compile profiles for statistical purposes and may choose to trade with such profiles and statistical data, as long as the profiles or statistical data cannot be linked to any specific data subject, including you, by a third party.
  • 19. PRIVACY- STORAGE
    • 19.1 Personal Information will be stored for as long as it is used and for a period of one year, together with a record of the Personal Information and the specific purposes it was collected for. Personal Information will be destroyed once it has become obsolete (out of date or unusable).
    • 19.2 You agree that we may intercept, block, read, delete, disclose and use all communications sent or otherwise communicated to us, our employees, directors and agents.
  • 20. ANTI SPAM

    The Provider uses an anti spam service and any messages ported by you shall be analysed and stored for monitoring purposes in accordance with our service provider’s anti spam policy, available at https://mollom.com/web-service-privacy-policy.

  • 21. CHOICE OF LAW
    • 21.1 This Website is controlled, operated and administered by Provider from its offices as set out below within the Republic of South Africa.
    • 21.2 These Terms will be governed by the laws of the Republic of South Africa.
    • 21.3 If any of the provisions of these Terms are found by a court of competent jurisdiction to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible so as to give effect to the intent of these Terms, and the remainder of these Terms will continue in full force.
    • 21.4 These Terms constitutes the entire agreement between the Provider and the User with regard to the use of the Content and this Website.
  • 22. CONTACT DETAILS

    In the event that you need to contact us for purposes related to these Terms and Conditions,
    please use the following:

    • 22.1 Telephone: +27 ()11 888 5747;
    • 22.2 Fax: +27 ()11 888 5747;
    • 22.3 Email: info@yannisjohn.com;
    • 22.4 © Tabou (Pty) Ltd ;
    • 22.5 August 2014

This Website was most recently updated on the 3 October 2014