TERMS & CONDITIONS
Ikumba Design Studios, including subsidiaries and affiliates ("Website" or "Website Owner" or "we" or "us" or "our") provides the information contained on this website or any of the pages comprising IkumbaDesign.com ("website") to visitors ("visitors") (cumulatively referred to as "you" or "your" hereinafter) subject to the terms and conditions set out in these website terms and conditions, the privacy policy and any other relevant terms and conditions, policies and notices which may be applicable to a specific section or module of this website.
INFORMATION ON IkumbaDesign.com
Whilst every effort is made to update the information contained on this website, neither Ikumba Design Studios nor any third party or data or content provider make any representations or warranties, whether express, implied in law or residual, as to the sequence, accuracy, completeness or reliability of information, opinions, any share price information, research information, data and/or content contained on IkumbaDesign.com (including but not limited to any information which may be provided by any third party or data or content providers) ("information") and shall not be bound in any manner by any information contained on IkumbaDesign.com. Ikumba Design Studios reserves the right at any time to change or discontinue without notice, any aspect or feature of this website. No information shall be construed as advice and information is offered for information purposes only and is not intended for trading purposes. If you find an error or omission at this site, please let us know.
TRADE MARKS
IkumbaDesign.com and included content (and any derivative works or enhancements of the same) including, but not limited to, all text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, and interactive features (collectively, the "Website Content") and all intellectual property rights to the same are owned by us, our licensors, or both. Additionally, all trademarks, service marks, trade names and trade dress that may appear on IkumbaDesign.com are owned by us, our licensors, or both. Except for the limited use rights granted to you in these Terms of Use, you shall not acquire any right, title or interest in IkumbaDesign.com or any Website Content. Any rights not expressly granted in these Terms of Use are expressly reserved.
The trade marks, names, logos and service marks (collectively "trademarks") displayed on this website are registered and unregistered trademarks of Ikumba Design Studios or Trade Mark owner. Nothing contained on this website should be construed as granting any licence or right to use any trademark without the prior written permission of Ikumba Design Studios or affiliates.
CUSTOMER SERVICE POLICY
If for any reason we are unable to dispatch your order we will notify you within 3 business days.
Ikumba Design Studios is committed to providing exceptional customer service and quality products. We endeavour to make sure that all products listed on our website are currently in stock and pricing is true and correct. Standard delivery timeframes are between 7-14 business days; in the event that an ordered item is not available or we are unable to fulfil your order we will notify you within 2 business days to arrange an agreeable alternative item, a backorder or a full refund.
TRANSACTION CURRENCY
All transactions are processed in USD (US Dollars).
WEBSITE ACCESS AND USE
(A) Access to IkumbaDesign.com including, without limitation, IkumbaDesign.com Content is provided for your information and personal, non-commercial use only. When using IkumbaDesign.com, you agree to comply with all applicable federal, state, and local laws including, without limitation copyright law. Except as expressly permitted in these Terms of Use, you may not use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, publish, transmit, or otherwise exploit Website Content for any purpose whatsoever without obtaining prior written consent from us or, in the case of third-party content, its respective owner. In certain instances, we may permit you to download or print Website Content or both. In such a case, you may download or print (as applicable) one copy of Website Content for your personal, non-commercial use only. You acknowledge that you do not acquire any ownership rights by downloading or printing Website Content.
(B) Furthermore, except as expressly permitted in these Terms of Use, you may not:
(i) remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice on IkumbaDesign.com or Website Content;
(ii) circumvent, disable or otherwise interfere with security-related features of IkumbaDesign.com including, without limitation, any features that prevent or restrict use or copying of any content or enforce limitations on the use of IkumbaDesign.com or Website Content;
(iii) use an automatic device (such as a robot or spider) or manual process to copy or "scrape" IkumbaDesign.com or Website Content for any purpose without the express written permission of Ikumba Design Studios. Notwithstanding the foregoing, Ikumba Design Studios public search engine operators permission to use automatic devices (such as robots or spiders) to copy Website Content from IkumbaDesign.com for the sole purpose of creating (and only to the extent necessary to create) a searchable index of Website Content that is available to the public. We reserve the right to revoke this permission (generally or specifically) at any time;
(iv) collect or harvest any personally identifiable information from IkumbaDesign.com including, without limitation, user names, passwords, email addresses;
(v) solicit other users to join or become members of any commercial online service or other organisation without our prior written approval;
(vi) attempt to or interfere with the proper working of IkumbaDesign.com or impair, overburden, or disable the same;
(vii) decompile, reverse engineer, or disassemble any portion of IkumbaDesign.com;
(viii) use network-monitoring software to determine architecture of or extract usage data from IkumbaDesign.com;
(ix) encourage conduct that violates any local, state or federal law, either civil or criminal, or impersonate another user, person, or entity (e.g., using another person’s Membership (as defined in Section 5(B)) without permission, etc..);
(x) violate US & International laws.
(xi) engage in any conduct that restricts or inhibits any other user from using or enjoying IkumbaDesign.com.
(C) You agree to cooperate fully with Ikumba Design Studios to investigate any suspected or actual activity that is in breach of these Terms of Use.
CONDITIONS FOR LINKING TO THIS WEBSITE
We hereby grant you a nonexclusive, limited license, revocable at our discretion, for you to link to IkumbaDesign.com homepage from any site you own or control that is not commercially competitive with IkumbaDesign.com and does not criticise or otherwise injure us, so long as the site where the link resides, and all other locations to which such site links, comply with all applicable laws and do not in any way abuse, defame, stalk, threaten or violate the rights of privacy, publicity, intellectual property or other legal rights of others or, in any way, post, publish, distribute, disseminate or facilitate any inappropriate, infringing, defamatory, profane, indecent, obscene or illegal/unlawful information, topic, name or other material or that violates the spirit of our mission. Such a link is not an endorsement of such other site(s) by us. All of our rights and remedies are expressly reserved.
USER REGISTRATION
(A) In order to access or use some features of IkumbaDesign.com, you will have to become a registered user. If you are under the age of Eighteen, then you are not permitted to register as a user or otherwise submit personal information to Ikumba Design Studios.
(B) If you become a registered user, you will provide true, accurate and complete registration information and, if such information changes, you will promptly update the relevant registration information. During registration, you will create a username and password (a "Membership"), which may permit you access to certain areas of IkumbaDesign.com not available to non-registered users. You are responsible for safeguarding and maintaining the confidentiality of your Membership. You are solely responsible for the activity that occurs under your Membership, whether or not you have authorised the activity. You agree to notify us immediately at contact@ikumbadesign.com of any breach of security or unauthorised use of your Membership.
EXTERNAL LINKS
External links may be provided for your convenience, but they are beyond the control of Ikumba Design Studios and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at your own risk. When visiting external links you must refer to that external websites terms and conditions of use. No hypertext links shall be created from any website controlled by you or otherwise to this website without the express prior written permission of Ikumba Design Studios. Please contact us if you would like to link to this website or would like to request a link to your website.
MOBILE
IkumbaDesign.com may include certain services that may be available via your mobile phone, including without limitation (a) the ability to upload to IkumbaDesign.com via your mobile phone (Mobile Uploads), (b) the ability to receive and reply to messages and to send content and messages using text messaging (Mobile Texts), and (c) the ability to access IkumbaDesign.com from your mobile phone (Mobile Web) (collectively, the "Mobile Services"). We do not currently charge for Mobile Services. Your carrier’s normal messaging, data and other rates and fees will, however, still apply. You should check with your carrier to find out what plans are available and how much they cost. By using the Mobile Services you agree that we may communicate with you regarding IkumbaDesign.com and our partners by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services will be communicated to us.
SPECIFIC USE
You further agree not to use IkumbaDesign.com to send or post any message or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic or violates any applicable law and you hereby indemnify Ikumba Design Studios against any loss, liability, damage or expense of whatever nature which Ikumba Design Studios or any third party may suffer which is caused by or attributable to, whether directly or indirectly, your use of IkumbaDesign.com to send or post any such message or material.
WARRANTIES
Ikumba Design Studios makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding IkumbaDesign.com, the information contained on IkumbaDesign.com, your or your company's personal information or material and information transmitted over our system.
DISCLAIMER OF LIABILITY
Ikumba Design Studios shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of IkumbaDesign.com, any information contained on IkumbaDesign.com, your or your company's personal information or material and information transmitted over our system. In particular, neither Ikumba Design Studios nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any share price information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of nonperformance or interruption, or termination thereof.
WEBSITE CONTENT AND THIRD PARTY LINKS
(A) We provide IkumbaDesign.com including, without limitation IkumbaDesign.com Content for entertainment, educational and e commerce purposes only. You may not rely on any information and opinions expressed on any of our Website for any other purpose. In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of IkumbaDesign.com Content. Under no circumstances will we be liable for any loss or damage caused by your reliance on any Website Content.
(B) In some instances, IkumbaDesign.com Content will include content posted by a third-party or will represent the opinions and judgements of a third-party. We do not endorse, warrant and are not responsible for the accuracy, timeliness, completeness, or reliability of any opinion, advice, or statement made on IkumbaDesign.com by anyone other than authorised employees or spokespersons while acting in their official capacities.
(C) If there is a dispute between persons accessing IkumbaDesign.com or between persons accessing IkumbaDesign.com and any third party, you understand and agree that we are under no obligation to become involved. If there is such a dispute, you hereby release Ikumba Design Studios and its directors, employees, partners, successors, agents, affiliates, subsidiaries, and their related companies from claims, demands, and damages of every kind or nature arising out of, relating to, or in any way connected with such dispute.
(D) IkumbaDesign.com may contain links to other websites maintained by third parties. We do not operate or control, in any respect, or necessarily endorse the content found on these third-party websites. You assume sole responsibility for your use of third-party links. We are not responsible for any content posted on third-party websites or liable to you for any loss or damage of any sort incurred as a result of your dealings with any third-party or their website.
USE OF IkumbaDesign.com
Ikumba Design Studios does not make any warranty or representation that information on IkumbaDesign.com is appropriate for use in any jurisdiction (other than Australia). By accessing IkumbaDesign.com, you warrant and represent to Ikumba Design Studios that you are legally entitled to do so and to make use of information made available via IkumbaDesign.com.
GENERAL
These website terms and conditions constitute the sole record of the agreement between you and Ikumba Design Studios in relation to your use of IkumbaDesign.com. Neither you nor Ikumba Design Studios shall be bound by any express tacit or implied representation, warranty, promise or the like not recorded herein. Unless otherwise specifically stated these website terms and conditions supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and Ikumba Design Studios in respect of your use of IkumbaDesign.com. By using this website you agree to all terms and conditions contained therein.
ALTERATION
Ikumba Design Studios may at any time modify any relevant terms and conditions, policies or notices. You acknowledge that by visiting IkumbaDesign.com from time to time, you shall become bound to the current version of the relevant terms and conditions (the "current version") and, unless stated in the current version, all previous versions shall be superseded by the current version. You shall be responsible for reviewing the then current version each time you visit IkumbaDesign.com.
CONFLICT
Where any conflict or contradiction appears between the provisions of these website terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of IkumbaDesign.com shall prevail in respect of your use of the relevant section or module of IkumbaDesign.com.
CESSION
Ikumba Design Studios shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of any relevant terms and conditions, policies and notices to any third party.
SEVERABILITY
All provisions of any relevant terms and conditions, policies and notices are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.
APPLICABLE LAWS
Any relevant terms and conditions, policies and notices shall be governed by and construed in accordance with the laws of the United States without giving effect to any principles of conflict of law. You hereby consent to the exclusive jurisdiction of binding arbitration to resolve any disputes arising in connection with IkumbaDesign.com, or any relevant terms and conditions, policies and notices or any matter related to or in connection therewith.
COPYRIGHT
The material ("material" includes all pages, documents and online graphics) on this web site is protected by Copyright Law as at 2015. Copyright in this material resides with Ikumba Design Studios. No detail of this website may be reproduced or copied without the express written advice of Ikumba Design Studios and/ or its Agents. By visiting and using the information at this web site you agree to accept the Terms & Conditions of this website.