LICENCE AGREEMENT

These are the terms and conditions subject to which we license any of our Products to you. By using any Product or Downloaded Document, you agree to be bound by them. You may not use Our Website if you are under the age of 18 years.

We are Dreamcast Fibreglass, a company registered in South Africa, number 2023 / 571793 / 07. We trade as La Niña Awnings and Bubblegum Basement under the Dreamcast Fibreglass umbrella as well. Our address is 17 Buwbes Road (corner Simba Road) Unit 4 Sebeza 1609, Gauteng, South Africa

VAT Number: 4230310437

You are: Anyone who buys a Licence or Licensed Product from us.

It is now agreed as follows:

1.               Definitions

In this agreement, the following words shall have the following meanings, unless the context requires otherwise:

1.                INTERPRETATION

In this agreement the following terms apply unless the context otherwise requires:

1.1.           all Restrictions on Use whether expressly included or not shall be deemed to be part of this agreement. It doesn’t matter how or when communicated to you.

1.2.           a reference to a person includes a human individual, a corporate entity and any organisation which is managed or controlled as a unit.

1.3.           a reference to a person includes reference to that person’s successors, legal representatives, permitted assigns and any person to whom rights and obligations are transferred or pass as a result of a merger, division, reconstruction or other re-organisation involving that person.

1.4.           in the context of permission, “may not” in connection with an action of yours, means “must not”.

1.5.           the headings to the paragraphs and schedules (if any) to this agreement are inserted for convenience only and do not affect the interpretation.

1.6.           any agreement by any party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing;

1.7.           a reference to an act or regulation includes new law of substantially the same intent as the act or regulation referred to.

1.8.           all money sums mentioned in this agreement are calculated net of VAT, which will be charged when payment is due.

1.9.           these terms and conditions apply to all supplies of Products by us. They prevail over any terms proposed by you.

1.10.        this agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.

2.                THE LICENCE

2.1.           You confirm that you have authority to enter into this agreement.

2.2.           In entering into this contract you have not relied on any representation or information from any source except that on Our Website.

2.3.           We do not offer the Products in all countries. We may refuse a Licence if you live in a country we do not serve.

2.4.           If any information you give us is inaccurate, your Licence is automatically terminated and no refund of money will be due to you.

2.5.           Each Licensed Product is marked on Our Website as to whether it is a Commercial Licence, an Editorial Licence, a Marketing Licence or a Website Licence. You buy a Licence for one of these uses. You have no right to use a Licensed Product beyond the scope of use for which you have bought it.

2.6.           Each Licensed Product is marked on Our Website as to whether the price is fixed or must be provided by us direct to you depending on information you give us via Our Website.

2.7.           Subject to the terms of this agreement, we grant you the Licence to use a Licensed Product.

2.8.           This Licence is limited by the Restrictions on Use and by the choices you have made which relate to time, extent, numbers, type of usage, and other matters, at the time of purchase of your Licence. You agree to comply with all Restrictions on Use.

2.9.           No express or implied licence of the Licensed Product or any other material is granted to you other than the express Licence granted in this agreement.

3.                LIMITATIONS AND PERMISSIONS ON LICENCES

3.1.           You must not sub-licence a Licensed Product.

3.2.           You must not Copy or Publish a Licensed Product except as specifically allowed in this agreement.

3.3.           You may not allow any other person to use a Licensed Product except in the situation or context for which you have bought it.

3.4.           You may not represent or give the impression that you are the owner or originator of any Licensed Product or Information Document.

3.5.           You may not remove any identification or reference number or other information which may be embedded in any file of a Licensed Product or Information Document.

3.6.           Every publication or appearance of a Licensed Product on a website must be protected as far as the law allows by separate, specific or general provisions against copying or publishing. We allow you to use the definition of “Copy or Publish” used in this agreement.

3.7.           You may not use a Licensed Product:

3.7.1            except for the use specified at the time of purchase;

3.7.2            in a context which is pornographic;

3.7.3            containing a human model in any way which might degrade that person in the eyes of a reasonable viewer;

3.7.4            in part or as a whole, as a logo or otherwise to incorporate it in any intellectual property of yours;

3.7.5            in an application for mobile/cell phone use, except as part of a marketing programme based on a website;

3.7.6            for a secondary use, for example on social networks.

4.                THE PRICE

4.1.           The prices payable for the Products are clearly set out on Our Website, if applicable.

4.2.           The price charged for any Product may differ from one country to another. You may not be entitled to the lowest price unless you reside in the qualifying country.

4.3.           Prices are inclusive of any applicable value added tax  or other sales tax.

5.                FREEDOM TO USE

Despite the above limitations, you may copy a Licensed Product:

5.1.           once for the purpose of system maintenance or to show or share with some other person who has a business interest in it;

5.2.           for which you have bought an Editorial Licence to customers and users of the publication in which it is used in the normal course of your business;

5.3.           to a contractor of yours whose contract is to work on the project or purpose for which you have bought the Licensed Product. In this case the Licence extends only to that project or purpose. If this happens, you remain liable to us in every way for the acts and omissions of your contractor. We advise you to obtain an appropriate agreement from your contractor to protect you in this regard.

6.                THIRD PARTY OWNERS AND ADDITIONAL RESTRICTIONS

Some Products offered for Licence on Our Website are owned by Third Party Owners and not by us. Where that is indicated, the following additional provisions apply:

6.1.           the price of the Licence includes a sum payable by us to the Third Party Owner;

6.2.           you have no obligation to make payment to the Third Party Owner;

6.3.           we are the agent of the Third Party Owner and accept all obligations and liability to you in connection with the Licensed Product;

6.4.           you remain liable to the Third Party Owner, through us, for compliance with this agreement;

6.5.           in any event when you may be liable to the Third Party Owner for breach of this agreement, you will indemnify us for all cost and liability arising from our relationship with the Third Party Owner, our acting as his agent, or your buying a Licensed Product owned by him.

7.                RELEASE OF THIRD PARTY RIGHTS

7.1.           In some jurisdictions you may not use a human image without the consent of that person. That may apply to any person or only to a model. The permission is generally known as a “release”. You alone are responsible for obtaining any necessary release and for paying any fees due.

7.2.           Our Products are marked on Our Website with a notation as to whether a release may be necessary. If not marked, you may take it that the Product in question has not been released.

7.3.           In any event, we give no warranty that any Product may be used without the permission or release of some person. You should exercise caution with regard to a Product containing a human person, trade mark, logo or work of art or architecture.

7.4.           We are not liable to you in tort, contract or other law, for any act or omission of a Third Party Owner.

7.5.           Subject to the specific rights mentioned in this paragraph, we warrant that:

7.5.1            we have used our reasonable efforts to identify any person who may claim a right in a Licensed Product and have obtained any necessary release;

7.5.2            we have used our reasonable efforts to obtain an indemnity on your behalf from the Third Party Owner for expense and liability incurred by you as a result of his failure to obtain the release of those third party rights.

7.6.           If we tell you that some person has claimed that we and you are infringing his right by your use of a Licensed Product, we may require you to:

7.6.1            stop using the Licensed Product;

7.6.2            delete or remove from your possession and control, every copy of the Licensed Product;

7.6.3            ensure that every other copy of the Licensed Product which you have passed to any other party is also deleted or destroyed.

7.7.           In the event of any such circumstances as those in the last previous sub paragraph, we will provide an alternative Licensed Product free of charge but otherwise on the same terms as set out in this agreement.

8.                ORDER CANCELLATION AND RETURNS

This paragraph applies if the Product is to be delivered to you in a hard medium such as a DVD:

8.1.           Details of our after-sales service and guarantees, if any, are given on Our Website / in our catalogue.

8.2.           You may cancel your order at any time before we despatch your order or before the expiry of 7 working days from the date you receive your order, not including the day you received it.

8.3.           The option to cancel your order is not available if the Products are made or altered to your specification. Otherwise, you may cancel your order at any time before we have despatched the Products. If you do, we will refund to you the price of the Products and any delivery charge.

8.4.           If you cancel your order after we have despatched the Products, you must return them to us in the same condition in which you received them. We cannot refund your money if the Products have been used, worn or damaged.

8.5.           You may not return shrink, wrapped or otherwise sealed electronic media such as software or DVD, which has been opened.

8.6.           To assist us in identifying your Products on receipt by us, we ask you to telephone  +27114523861 for a returns reference to be placed below our address / returns label.

8.7.           We will refund your purchase money, including any delivery charge, money within 30 days of receipt by us of the returned Products. We are not obliged to refund to you your cost of re-packing and returning the Products.

8.8.           This paragraph does not affect your rights in the event that the Products are faulty.

8.9.           You have no right to cancel a Licensed Product which has been delivered to you in soft copy, for example as an email attachment or by download to your computer

9.                DEFECTS

These provisions apply in the event that you return any Product to us for any reason, if applicable:

9.1.           you should examine and trial each Product on receipt to check for possible defects and to satisfy yourself that it complies with your order, is of merchantable quality and in safe, clean and usable condition;

9.2.           if you do not tell us of any defect or problem within  15 days of receipt of the Product, we shall assume that you have accepted it;

9.3.           The Products must be returned to us as soon as any defect is discovered but not later than 6 months.

9.4.           So far as possible, a Product should be returned:

9.4.1            in its original condition;

9.4.2            securely wrapped;

9.4.3            including our delivery slip;

9.4.4            at your risk and cost.

9.5.           You must tell us by email message to admin@dcfibreglass.com that you would like to return any Product, specifying exactly which Product and when purchased, and giving full details of the defect or other reason for return. We will then issue a returns note. If you send Product to us without a returns note, we may not be able to identify sufficient details to enable us to attend to your complaint.

9.6.           In returning a faulty Product please encloses with it a note clearly stating the fault and when it arises or arose.

9.7.           If any defect is found, we will send a new copy to you or refund the full cost you have paid.

10.             SECURITY OF YOUR CREDIT CARD

We take care to make Our Website safe for you to use.

10.1.        Card payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.

10.2.        If you have asked us to remember your credit card details in readiness for your next purchase or subscription, we will securely store your payment details on our systems. These details will be fully encrypted and only used to process your automatic monthly payments or other transactions which you have initiated.

11.             DISCLAIMERS AND LIMITATION OF LIABILITY

11.1.        The law differs from one country to another. This paragraph applies so far as the applicable law allows.

11.2.        All implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied condition, warrant or term cannot be excluded, then this sub paragraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.

11.3.        We make no representation or warranty that the Product will be:

11.3.1         useful to you;

11.3.2         of satisfactory quality;

11.3.3         fit for a particular purpose;

11.3.4         available or accessible, without interruption, or without error;

11.4.        We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from Our Website.

11.5.        We shall not be liable to you for any loss or expense arising out of or in connection with your use of Our Website, which is indirect or consequential loss, or economic loss or other loss of turnover, profits, business or goodwill. This applies whether in an action of contract, negligence or otherwise, even if such loss was reasonably foreseeable or we knew you might incur it.

11.6.        We make no representation or warranty and accept no responsibility in law for:

11.6.1         malfunction in any hardware of yours;

11.6.2         malfunction in any Product provided by us unless you can prove that it was defective when you received it from us;

11.6.3         the provision or failure to provide any firewall;

11.6.4         accuracy of any Content or the impression or effect it gives;

11.6.5         delivery of Content, material or any message;

11.6.6         privacy of any transmission;

11.6.7         any act or omission of any person or the identity of any person who introduces himself to you through Our Website;

11.6.8         any aspect or characteristic of any goods or services advertised on Our Website;

11.7.        Our Website includes Content Posted by third parties. We are not responsible for any such Content. If you come across any Content which offends you, please contact us via the “Contact us” page on Our Website.

11.8.        We will do all we can to maintain access to Our Website, but it may be necessary for us to suspend all or part of our service for repairs, maintenance or other good reasons. We may do so without telling you

11.9.        Our total liability under this agreement, however it arises, shall not exceed the sum of R200. This applies whether your case is based on contract, tort or any other basis in law.

11.10.     This paragraph (and any other paragraph which excludes or restricts our liability or provides an indemnity to us) applies to our directors, officers, employees, subcontractors, agents and affiliated companies, as well as to us.

11.11.     If you become aware of any breach of any term of this agreement by any person, please tell us by email admin@dcfibreglass.com. We welcome your input but do not guarantee to agree with your judgement.

11.12.     Nothing in this agreement excludes liability for a party's fraud.

12.             YOU INDEMNIFY US

You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:

12.1.        your failure to comply with the law of any country;

12.2.        your breach of this agreement;

12.3.        any act, neglect or default by any agent, employee, licensee or customer of yours;

12.4.        a contractual claim arising from your use of the Licensed Products;

12.5.        a breach of the intellectual property rights of any person.

13.             COPYRIGHT AND OTHER INTELLECTUAL PROPERTY

13.1.        You agree that at all times you will:

13.1.1         not cause or permit anything which may damage or endanger our title to any Licensed Product or other Intellectual Property or the title of any Third Party Owner whose work has been made available to us as a Licensed Product;

13.1.2         notify us of any suspected infringement of the Intellectual Property.

13.2.        If you use a Licensed Product in a way not allowed by this agreement we may take legal action anywhere in the World. If loss to us or any other person results from your wrongful action, you will be liable to pay.

13.3.        If we terminate the Licence on account of your breach, you agree that you will:

13.3.1         immediately stop using the Licensed Product;

13.3.2         destroy all copies of the Licensed Product in your possession or control;

13.3.3         destroy any work of yours derived from a Licensed Product.

13.4.        To assure us that you are using the Licensed Product in accordance with the terms of the Licence, you agree that you will give us copies of your works and materials containing or using a Licensed Product. We will give you 14 days notice of this requirement. You also agree to provide access to relevant pages which have restricted access or are fire-walled.

13.5.        If we reasonably believe that you are using a Licensed Product beyond the scope of this Licence, you agree to provide written confirmation of your compliance, in a form to be drawn by us.

14.             ASSIGNMENT

Neither party may assign, delegate, sub-contract, mortgage, charge or otherwise transfer any or all of its rights and obligations under this agreement without the prior written consent of the other party, except that a party may assign and transfer all its rights and obligations under this agreement to any person to which it transfers all of its business, provided that the assignee undertakes in writing to the other party to be bound by the obligations of the assignor under this agreement.

15.             MISCELLANEOUS MATTERS  

15.1.        We may change this agreement in any way at any time. The version applicable to your contract is the version which was posted on Our Website at the time that the contract was made.

15.2.        Our privacy policy is strong and precise. It complies fully with the current privacy law which is at our privacy policy, link in footer below.

15.3.        At any time if we decide in our absolute discretion that you have failed to comply with any of the terms of this agreement, we reserve the right to terminate this agreement without refunding to you any payment made.

15.4.        You undertake to provide us your current land address, e-mail address and telephone numbers as often as they are changed together with all information that we may require to enable us to fulfil our obligations under this contract.

15.5.        So far as any time, date or period is mentioned in this agreement, time shall be of the essence.

15.6.        If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.

15.7.        The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.

15.8.        If you are in breach of any term of this agreement, we may:

15.8.1         terminate any Licence of a Licensed Product;

15.8.2         issue a claim in any court.

15.9.        Any obligation in this agreement intended to continue to have effect after termination shall so continue.

15.10.     No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.

15.11.     When you visit Our Website or send messages to us by email, you are communicating with us electronically. We communicate with you by e-mail or by posting notices on Our Website. You agree that all our electronic communications satisfy any legal requirement that such communications be in writing.

15.12.     Any communication to be served on either of the parties by the other shall be delivered by hand or sent by fastmail service or recorded delivery or by e-mail.

15.13.     In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.

15.14.     So far as the law permits, and unless otherwise stated, this agreement does not give any right to any third party.

15.15.     In the event of any conflict between any term of this agreement and the provisions of the memorandum of incorporation of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.

15.16.     The validity, construction and performance of this agreement shall be governed by the laws of the Republic of South Africa and you agree that any dispute arising from it shall be litigated only in that country.