End User License Agreement & Terms of Service
Effective as of 1 January 2021
Welcome to Gerieflijk™
This End User License Agreement (the “EULA”) and Terms of Service (these “Terms”) manage your access to and your use of the website (the “Site”) of Gerieflijk™ (Pty) Ltd at www.gerieflijk.com, including any content, functionality and services (the “Services”) offered on or through the Site, so please read them carefully before using the Gerieflijk Services. By using the Services, you agree that you have read, understood, and agree to agree to be bound by the EULA. If you don’t agree to the EULA, then you may not use the Service.
1.1 As provided in greater detail in the EULA and these Terms, you acknowledge the following:
1.2 Third-Party Fees – You may incur (the “Third-Party”) fees through the use of the Service, such as fees charged by Vendors (defined in 4.) for products or services. In addition, you may be subject to third party terms, such as Vendors’ warranties and return policies. You acknowledge and agree that you are solely responsible for all such fees incurred by you for use of the Service, and you agree to pay all such fees and abide by all such terms.
1.3 Eligibility – If you are using or opening an account on the Service on behalf of a company, entity, or organization (each a “Subscribing Entity”), then you represent and warrant that you: (i) are an authorized representative of that Subscribing Entity with the authority to bind such entity to the EULA and (ii) agree on behalf of such Subscribing Entity to bind the Subscribing Entity to the EULA.
1.4 Children – No part of the Service is directed to persons under the age of 18. IF YOU ARE UNDER 18 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS THE SERVICE AT ANY TIME OR IN ANY MANNER
2. Changes to EULA & Terms
By using the Gerieflijk platform, you are agreeing to the EULA and these Terms which are updated from time to time. Please check our website regularly for any updates in this regard. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter. Your continued use of the Services following the posting of the revised EULA and Terms means that you accept and agree to the changes. We will be continually improving the Services and adding more features, you are expected to check this page each time you access the Services so you are aware of any changes, as they are binding you.
3.Description of Services
Gerieflijk provides interior design services that allow our users/customers (the “Customer(s)”) to see inspirational furniture and décor designs within the context of their own homes. Gerieflijk helps homeowners, renters and remodelers in creating personalized designs online. As more fully described on the Site, Gerieflijk offers the following Services:
Any policies, rules and fees posted by Gerieflijk on the Site with respect to its Services are hereby incorporated into these Terms.
4. Additional Services from Gerieflijk
4.1 Third-Party Purchases – Customers may wish to purchase items from third-party Vendors (“Vendors”) through the Service. Gerieflijk will collect the cost of the items from you in advance of placing orders with the Vendor for the purchase. All Vendors’ respective terms and conditions apply to these purchases, including return policies and shipping costs. Vendors include Gerieflijk’s partners like retailers, artisans and manufacturers.
4.2 Shipping – Gerieflijk will first and foremost rely on a dropshipping model, where products are shipped directly from Vendor to Customer. Each Vendor have different third-party courier suppliers and therefore shipment costs will differ from Vendor to Vendor. Gerieflijk will use the purchased Vendors’ product specs and Customers’ delivery locations to calculate shipment fees upon check-out.
5. Registering/Eligibility for the Services
6. Pricing and Payments for Services
Gerieflijk’s current price schedule and payment policies for the Services are available here.
6.1 Fees (the “Fee”) – to be charged to Customers for the Service(s) purchased will be set forth during the ordering process for the Service(s) that you go through on the Website. The Fee is due and payable in advance of the customer’s design or product recommendation process.
6.2 Payments – The Service currently uses Third Parties (the “Third-Party”) to process payments. Our Third-Party payment processors accept payments through various credit cards, as detailed on the applicable payment screen. All monetary transactions on the Service take place in South African Rand (ZAR). When you use the Service to place an order for merchandise, you authorise the purchase and delivery of the merchandise. You agree that Gerieflijk will obtain a temporary pre-authorization of your credit card to cover the cost of the merchandise you have purchased, along with any estimated taxes, fees, and shipping costs, and excluding any unvalidated promotions. Your credit card statement will reflect the final total amount charged to you upon order completion.
6.3 Taxes –The fees and purchase considerations as reflected on the website are inclusive of VAT, should VAT be applicable and charged by our retail partners.
6.4 Refunds – The Service may offer any Customer a full refund at Gerieflijk’s discretion. Please email email@example.com to request a refund.
7. Price Amendments
We may revise and update our price schedule and Terms from time to time at our sole discretion. We will notify you of any revisions and updates by posting them to the website. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter. Your use of the Services following any such change constitutes your agreement to be bound by the modified fee schedule and Terms. If you do not agree to the revisions, you should stop using the Services. These Terms will identify the date of last update. As we will be continually improving the Services and adding more features, you are expected to check this page each time you access the Services so you are aware of any changes, as they are binding on you.
8. Intellectual Property Rights
The Site and its entire contents, features and functionality (including but not limited to all information, software, code, algorithms, database, text, displays, images, video and audio, and the design, selection and arrangement thereof) are owned by Gerieflijk (Pty) Ltd and its licensors and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. These Terms permit you to use the Services for your own personal, non-commercial purposes only. You are granted a limited, non-transferable, revocable license to use the Services, subject to these Terms and in compliance with all applicable laws, rules and regulations and any agreements or terms with third parties to which you are subject. You retain sole ownership of any photos or other User Generated Content (the “UGC”) you submit via the Services; however, you grant Gerieflijk the right to use, reproduce, modify, perform, display, distribute and otherwise disclose your or other UGC (i) for the purpose of providing the Services to you and (ii) unless you opt out of such permission and for Gerieflijk’s marketing and advertising purposes. Gerieflijk retains sole ownership of the 3D software and 3D-models it creates using your User Content. Gerieflijk will only grant decorators and designers the right to use the 3D software and 3D-models for the sole purpose to complete the designs that’s part of the Services and subject to all other provisions of these Terms with respect to the Services. Customers, decorators and designers must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Site except as follows:
You must not:
If you wish to make any use of material on the Services other than as set out in this section, please address your request to firstname.lastname@example.org. No right, title or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by Gerieflijk. Any use of the Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.
The Gerieflijk name is a pending trademark of Gerieflijk (Pty) Ltd. You must not use this name and logo without the prior written permission of Gerieflijk. All other names, logos, product and service names, designs and slogans on the Site are the trademarks of their respective owners.
10. Permitted & Prohibited Uses
You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services in any way that violates any applicable local or international law or regulation. You also agree not to:
11. Reliance on Site Contents and Services
The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Gerieflijk shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Site. Gerieflijk disclaims any and all liability for any loss, damage or injury based on information directly or indirectly obtained through the Services.
12. Content You Submit; License Grants from You
12.1 Your Content (“Your Content”) – If you are a Customer, you may be able to create, post, or share content, such as messages, comments, or pictures of your space, floor plans and household objects, on or through the Service with Gerieflijk. Your Content may be made public, so do not upload any confidential content. Gerieflijk claims no ownership or control over Your Content. You or a third-party licensor, as appropriate, retain all copyright, patent, and trademark rights to any of Your Content that you post on or through the Service. You are responsible for protecting those rights. Separately, you may give Gerieflijk or Gerieflijk’s agent the right to take photos or record video of areas of your home after the design services are complete (“After Images”).
12.2 You, and not Gerieflijk, are responsible and liable for Your Content. Because we do not control Your Content or the content posted on or through the Service by other users (collectively with UGC), we cannot and do not warrant or guarantee the truthfulness, integrity, suitability, or quality of that UGC. You also agree and understand that by accessing this Service, you may encounter UGC that you may consider to be objectionable. We have no responsibility for any UGC, including without limitation any errors or omissions therein.
12.3 We may disclose and/or remove UGC. Gerieflijk has certain rights. We have the right (but do not assume the obligation) to:
12.4 Your Content cannot be unlawful, harmful, hateful, threatening, abusive, harassing, libellous, defamatory, obscene, vulgar, pornographic, profane, racially disparaging, indecent, or invasive of another’s privacy.
12.5 License Grants to Gerieflijk – By creating, posting, or sharing Your Content on or through the Service, or allowing Gerieflijk to take, obtain, or record After Images, you grant Gerieflijk a world-wide, non-exclusive, sub-licensable, royalty-free, fully paid, transferable, perpetual, irrevocable license to use, modify, remove, publish, transmit, or display Your Content and After Images in any and all media or form of communication now existing or hereinafter developed in order to operate Gerieflijk’s business, and to provide Services, including, without limitation, (i) facilitate a design or recommended product list for the Customer (ii) advertise and promote the Service, and (iii) with regard to After Images only, for any lawful business purpose.
12.6 You Must Have Rights to the Content You Post – You represent and warrant that: (i) you own Your Content or otherwise have the right to grant the license set forth in the EULA, (ii) the posting and use of Your Content on or through the Service, or of the After Images does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person, and (iii) the posting of Your Content on the Service does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of Your Content that you post on or through the Service You also acknowledge and agree that Your Content and After Images is non-confidential and non-proprietary.
12.7 Customers May Message Decorators and Designers through the Service – You agree that your use of the Service will not include sending unsolicited marketing messages or broadcasts (i.e. spam). Gerieflijk will utilise any means possible to block spammers and abusers from using the Service If you believe spam originated from the Service, please email us immediately at email@example.com.
You have the right to terminate your Gerieflijk account at any time by contacting us at firstname.lastname@example.org. Upon termination of your account, your user profile will be removed from the Site, your User Content may be removed from the Site, and your User Content will not be available to you. However, you understand that Gerieflijk is not required to remove Your Content and other UGC, and removed content may persist in backup copies for a reasonable period of time. Gerieflijk has no obligation to maintain or provide UGC of a Gerieflijk registrant after account termination and may delete all content provided unless legally prohibited from doing so. Gerieflijk may terminate your account with immediate effect for any violation whatsoever of these Terms.
14. Linking to the Site and Social Media Features
You may link to the homepage of the Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent. The Site may provide certain social media features that enable you to:
You may use these features solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the content standards set out in these Terms. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.
15. Links from the Site
We appreciate hearing from our users and welcome your comments regarding the Service Please be advised, however, that if you send us creative ideas, suggestions, inventions, or materials (“Creative Ideas”), we will:
17. Third-Party Disputes
GERIEFLIJK IS NOT AFFILIATED WITH ANY SERVICE PROVIDER OR THIRD PARTY SERVICE, AND ANY DISPUTE YOU HAVE WITH ANY SERVICE PROVIDER, THIRD PARTY SERVICE OR OTHER THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY OTHER USER OF THE SERVICE, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE THE RELEASED PARTIES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. THIS INCLUDES DISPUTES BETWEEN CUSTOMERS AND DECORATORS/DESIGNERS. YOU ASSUME ALL RISK ASSOCIATED WITH DEALING WITH THIRD PARTIES AND DECORATORS/DESIGNERS. YOU AGREE TO RESOLVE DISPUTES DIRECTLY WITH THE OTHER PARTY. YOU RELEASE GERIEFLIJK OF ALL CLAIMS, DEMANDS, AND DAMAGES IN DISPUTES AMONG USERS OF THE SERVICE. YOU SHALL NOT INVOLVE US IN SUCH DISPUTES. USE CAUTION AND COMMON SENSE WHEN USING THE SERVICE. YOU UNDERSTAND THAT GERIEFLIJK DOES NOT CURRENTLY CONDUCT BACKGROUND CHECKS, INCLUDING CRIMINAL BACKGROUND CHECKS ON ITS CUSTOMERS. GERIEFLIJK MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF ITS USERS.
18. Disclaimer of Warranties
YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT CONTENT AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE SITE WILL BE FREE OF VIRUSSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND FOR MAINTAINING A MEANS EXTERNAL TO OUR SITE FOR ANY RECONSTRUCTION OF ANY LOST DATA. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.YOUR USE OF THE SERVICES, ITS CONTENT, AND ANY FEATURES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, THEIR CONTENT, AND ANY FEATURES OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY. NEITHER GERIEFLIJK NOR ANYONE ASSOCIATED WITH GERIEFLIJK MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER GERIEFLIJK NOR ANYONE ASSOCIATED WITH GERIEFLIJK REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY FEATURES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY FEATURES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. GERIEFLIJK AND ALL PARTIES ASSOCIATED WITH GERIEFLIJK HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
19. Limitation of Liability
IN NO EVENT WILL GERIEFLIJK, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, PARTNERS, VENDORS, EMPLOYEES, CONTRACTORS, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES LINKED TO THE SITE, OR ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. IN NO EVENT SHALL GERIEFLIJK’S LIABILITY TO YOU EXCEED ANY FEES PAID BY YOU IN THE LAST TWELVE MONTHS. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify, and hold harmless Gerieflijk, its affiliates and licensors, service providers, their respective officers, directors, employees, contractors, agents, partners, vendors and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) resulting from your violation of these Terms or your use of the Services, including, without limitation, any use of the Content, Services, and products of the Services other than as expressly authorized in these Terms or your use of any information obtained from the Site.
21. Waiver and Severability
No waiver of these Terms by Gerieflijk shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure of Gerieflijk to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
22. Entire Agreement