Terms and Conditions of Use
1.1. Saint-Gobain Construction Products (PTY) LTD (“The Company”) makes its website, www.futurespaces.co.za ("the Website") available to You and the organisation which You represent ("the User" or "You") subject to these terms and conditions of use (collectively "the Terms") set out herein, which Terms may be amended at any time and at The Company's sole discretion.
1.2. If you wish to use the Website you must agree to the Terms. By using the Website you consent and agree to the Terms, as provided for herein.
1.3. Should the Terms be modified in any way, which right The Company reserves, You will be bound by such modified terms from the moment that they are published on the Website, and Your continued usage will be construed as an acceptance of such modified Terms.
1.4. You acknowledge and agree that each member of the group of companies of which The Company is a part shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favour of) them. Other than this, no other person or company shall be a third party beneficiary of the Terms.
2.1. Ownership: You retain all rights and ownership of your content. The Company does not claim any ownership rights of your content.
2.2. License to Your Content. Even though we don’t claim ownership of your content, we do need certain licenses to your content in order to operate and enable the Services. When you upload or submit content to our Services, you grant The Company (and our partners and affiliates) a worldwide license to communicate, distribute, host, make modifications or derivative works (solely for the purpose of better showcase your work), publicly display, publicly perform, publish, reproduce, store, and use such content. The license granted by you is for the only purpose of operating, marketing, promoting, and improving our Services. We will attribute to you if we incorporate your content into a FutureSpaces feature or into promotional or marketing materials The Company makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the Website, any of the information contained in it or referenced by it, and that the website and the contents are free from errors or omissions or that the service will be uninterrupted, error-free or safe from unauthorised access.
2.3. While every effort is taken to ensure that the website is free from viruses, The Company cannot be held liable in the unlikely event that a virus is transmitted to the User or the User's computer system.
2.4. In using the Website, You may be exposed to content that is factually inaccurate, offensive, indecent, or otherwise objectionable to you. You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against The Company with respect to any such content.
2.5. The Company will consider any complaint that You may have regarding any offensive, defamatory or otherwise inappropriate content that is made available through the Website. The Company reserves the right to respond to any complaint in the manner that it sees fit. The Company does not accept any liability of any nature for any offensive, defamatory or inappropriate Content on the Website or the service.
3. Intellectual Property and Copyright
3.1. The Company is the owner or licensee of all content on the Website, as the case may be. Such content is subject to copyright, trademark rights, and other intellectual property rights of The Company or The Company's licensors. Any third party trademarks present on the website are trademarks of their respective owners. Such content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of The Company or, where applicable, The Company's licensors. Notwithstanding this general prohibition, You may view footage, clips, audio and content, as provided for on this Website and may copy, reproduce and distribute such footage, clips, audio and content for purposes of generating interest and generally promoting said footage, clips, audio and content, however such permission does not authorise or permit You (or any other person through You) to exploit same for commercial gain in any manner or form (i.e. copy, reproduce, distribute, transmit, broadcast, display, license), unless You have lawfully acquired the rights to do so by way of separate written agreement from The Company. It is acknowledged by You that at all times The Company is the owner or licensee of all content on the Website, and that the permission granted to You above is strictly limited. The Company reserves the right at any stage and for any reason whatsoever, in its sole discretion, to insist that You immediately cease and desist from any copying, reproducing or distribution of any such footage, clips, audio and content, which request You agree to abide. Any unauthorised use outside of the terms above shall entitle The Company to institute a claim for damages against You and/or any beneficiary by virtue of your unauthorised exploitation of the content. The Company and its licensors reserve all rights not expressly granted in and to the content made available on the Website.3.2. Nothing contained herein should be construed to grant any license or to transfer ownership to the User of any copyright, trademark and other intellectual property rights in and to any of the content on the Website.
3.3. Any contributions, submissions, ideas, material or pitches, submitted to The Company are received on the basis of being unsolicited. You acknowledge that The Company has many ideas, projects, materials and concepts in various stages of development and/or under license and that the results of these endeavours may be similar or identical to your own products, projects, ideas and material. The Company is under no obligation to accept or publish any submission.
3.4. You represent and warrant that you own all intellectual property rights (or have obtained all necessary permissions) to your submitted content and have the right to grant us the license stated in Section 2.2 above.
3.5. You also represent and warrant that your submitted content will not violate or infringe any intellectual property right or other proprietary right, including the right of publicity or privacy, of any person or entity.
3.6. You agree to indemnify and hold The Company and its subsidiaries, affiliates, officers, agents, employees, co-branders or other partners, and licensors harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of your content, your use of the Services or The Company Materials, your violation of the Terms, or your violation of any rights of another.
4. External Links
4.1. Where the Website includes any hyperlinks to any website or resource that is not controlled by The Company, the User acknowledges and agrees that The Company does not control or assume any liability for any content, policy or practice of such other website or resource.4.2. The presence of such hyperlinks on The Company's website should not be construed as an endorsement of anything in relation to such external content, website, product or practice.
4.3. You acknowledge and agree that The Company is not liable for any loss or damage which may be incurred by You as a result of the availability of those external sites or resources, or as a result of any reliance placed by You on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such websites or resources.
4.4. No hypertext links shall be created from any website controlled by the User or otherwise to this website without the express prior written permission of The Company.
5. Third Party Advertising
5.1. Should any third party advertising appear on the Website, The Company does not endorse or necessarily approve of such third party advertising.5.2. All third party advertising is of an independent nature, and accordingly is not connected with The Company in any way.
6. Data Usage
6.1. When using the Website, You may incur data charges subject to Your relevant network provider. All such charges are for the User's own account.
7. Account Management
7.1. Certain features of the Website may require that You create a “FutureSpaces" account. When creating Your account, You must provide accurate and complete information. It is important that You keep Your account password secure and confidential.
7.2. Upon becoming aware thereof, You must notify The Company immediately of any breach of security or unauthorised use of Your account.
7.3. Your account is Your sole responsibility, and any use under such account shall be construed as use by the User.
7.4. You agree that The Company is entitled, in its sole and absolute discretion, at any time, and without any recourse by You, to –
7.4.1. suspend Your Account (on any terms determined by The Company);
7.4.2. cancel Your Account.
8. Privacy and Personal Information
8.1. At all times, Your personal information will be handled and/or processed in accordance with statutory provisions governing personal information.
8.2. The Company is sensitive to the private nature of the information a User provides over the Website, including a User's name, company details, address and email address, and shall take all reasonable steps to protect the personal information of the User.
8.3. Any personal information provided by You to The Company:
8.3.1. may be used by The Company:
18.104.22.168. to operate, maintain, and improve the features and functionality of the Website and/or Your account;
22.214.171.124. to develop new products and services;
126.96.36.199. to provide marketing with aggregate information about the user base and usage 188.8.131.52. for internal administrative purposes;
184.108.40.206. for statistical purposes; and
220.127.116.11. to send You information regarding The Company;
8.3.2. will not:
18.104.22.168. be used by The Company to send commercial or marketing messages to You without Your prior consent, other than in the circumstances described in clause 22.214.171.124;
126.96.36.199. be sold, shared, made available or transmitted to any third parties;
8.3.3. through Your account is stored by The Company on a secure database.
8.4. Despite the foregoing, You agree that The Company is entitled to disclose any personal information to any competent legal or regulatory authority that makes such a request and is lawfully entitled to obtain such information from The Company. In this instance, The Company undertakes to disclose only such information as is sufficient to satisfy such request.
8.5.1. What are cookies?
Cookies are small files that a website stores on your device, which allows a server to recognise your device and identify specified actions that it performs, such as visiting a website. A ‘device’ is anything you use to access the website, whether that’s a desktop computer, a laptop, a mobile phone or tablet, etc.
8.5.2. What are cookies used for?
8.5.3. Which cookies does this website set on your device?
We use Google Analytics to analyse the use of this website. Google Analytics generates statistical and other information about website use by means of cookies, which are stored on users' computers. We may collect non-personal identification information about users whenever they interact with our website. Non-personal identification information may include the browser name and things such as general geographic location, popular pages, the time spent on pages. We use this information to improve our site and its content. The information generated by the cookie will be transmitted to and stored by Google on servers in the United States.
Used to distinguish users.
Used to throttle request rate.
8.5.6. Learn how to control cookies here.
9.1. Nothing in the Terms shall affect any statutory rights which You are entitled to as a consumer and that You cannot contractually agree to alter or waive.
9.2. The Website is provided "as is" and The Company makes no warranty or representation to You with respect to it.
9.3. In particular The Company does not represent or warrant to You that:
9.3.2. Your use of the Website will be uninterrupted, timely, secure or free from error;
9.3.3. any information obtained by You as a result of Your use of the Website will be accurate or reliable; and
9.3.4. that defects in the operation or functionality of any software provided to You as part of the Website will be corrected.
9.4. No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the Website except to the extent that they are expressly set out in the Terms.
9.5. You warrant that:
9.5.1. You will comply with all the requirements set out in the Terms;
9.5.2. You will not attempt to or actually alter, reverse-engineer, modify, circumvent, disable, amend, tamper with or change any part of the Website;
9.5.3. You will not attempt to or actually circumvent, disable or otherwise interfere with any security related features of the Website or features that (i) prevent or restrict use or copying of content or (ii) enforce limitations on use of the Website or the content 9.5.4. You will not attempt to or actually infect the Website with any software, malware or code that may infect, damage, delay or impede the operation of the Website or which may intercept, alter or interfere with any data generated by or received through the Website;
9.5.5. You will not attempt to or actually collect or harvest any personal data of any user of the Website;
9.5.6. You will not use the Website for the solicitation of business in the course of trade or 9.5.7. You will not access or use the Website for any reason other than Your personal, non-commercial use solely as intended through and permitted by the normal functionality of the Website;
9.5.8. You will not share the password to Your account with anyone;
9.5.9. You will not create more than 1 (one) account for yourself;
9.5.10.You will not access any other User's account for any reason;
9.5.11. You will not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of The Company or the respective licensors of the Content.
10.1. The User hereby indemnifies The Company, its directors and employees and waives any rights that the User may have against The Company in respect of any loss, liability, damage (whether direct or consequential) or expense of any nature whatsoever, which may be suffered by the User and/or third party as a result of or which may be attributable directly or indirectly to User's use or inability to use this website or the services or content provided from and through this website.
10.2. The User hereby indemnifies The Company, its directors and employees and waives any rights that the User may have against The Company in respect of any loss, liability, damage (whether direct or consequential) or expense of any nature whatsoever, which may be suffered by the User and/or third party as a result of or which may be attributable directly or indirectly to the User's contravention of any of the Terms or breach of the warranty contained in clause 9.5.
10.3. You agree that in all instances, the only remedy that You may have against The Company is to discontinue Your use of the website.
11.1. Nothing in the Terms shall exclude or limit The Company's liability for losses which may not be lawfully excluded or limited by applicable law.
11.2. Subject to the overall provision in paragraph 11.1 above The Company shall not be liable to You for:
11.2.1. any indirect or consequential losses which may be incurred by you in the use of the Website. This shall include any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, or any loss of data suffered by you;
11.2.2. any loss or damage which may be incurred by You as a result of:
188.8.131.52. any reliance placed by You on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between You and any advertiser or sponsor whose advertising appears on the Service;
184.108.40.206. any changes which The Company may make to the Service, or for any permanent or temporary cessation in the provision of the Service (or any features within the Service);
220.127.116.11. the deletion of, corruption of, or failure to store, any Content and other communications data maintained or transmitted by or through Your use of the Service;
18.104.22.168. Your failure to provide The Company with accurate account information; or
22.214.171.124. Your failure to keep Your password or The Company account details secure and confidential.
12. Waiver and Indulgence
12.1. You agree that if The Company does not exercise or enforce any legal right or remedy which is contained in the Terms (or which The Company has the benefit of under any applicable law), this will not be taken to be a formal waiver of The Company's rights and that those rights or remedies will still be available to The Company.
13.1. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed to the extent of its invalidity from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
14.1. The Company shall not be liable for any failure to meet any of its obligations in terms of this agreement, or any delay in meeting them, to the extent to which the failure or delay is caused by a "force majeure", being any exceptional event or circumstance which is beyond The Company's reasonable control; which we could not reasonably have provided against; and which, having arisen, could not reasonably have been avoided or overcome by The Company.
15. Applicable Law and Jurisdiction
15.1. The Terms, and Your relationship with The Company under the Terms, shall be governed by South African law. You and The Company agree to submit to the exclusive jurisdiction of courts of South Africa to resolve any legal matter arising from the Terms.