OYOO members terms and conditions
Copyright of images
If you do not own the images you are uploading, please seek copyright approval before adding them to your listing as OYOO can’t take responsibility for any copyright infringements.
You should use your own virus protection software as OYOO cannot guarantee that the Site will be secure or free from bugs or viruses. You should also not misuse our site by introducing any viruses to it.
Linking to our Site
To link to our Site or to use any content on our Site you must gain prior permission from us by contacting: [email protected]. OYOO reserves the right to withdraw linking permission at any time without notice.
When linking to our Site you agree to not take advantage of it and do so in a fair and legal way, without causing damage to our reputation.
You cannot establish a link in a way that suggests any form of association on our part when nothing of the sort exists.
Links and resources from our site to third-party sites are provided for information only and OYOO has no control and cannot be held responsible for the content of those sites.
This Site is provided “as is” without any representations or warranties, express or implied. OYOO makes no representations or warranties in relation to this Site or the information and materials provided on this Site.
Without prejudice to the generality of the foregoing paragraph, OYOO does not warrant that:
- this Site will be constantly available, or available at all; or
- the information on this Site is complete, true, accurate or non-misleading.
- OYOO are under no obligation to update the Site but may update the Site, and change the content occasionally. We cannot guarantee that the Site, or its content will be free from errors or without omissions or that all the content is up to date.
Nothing on this Site constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any medical, wellbeing or other matter you should consult an appropriate professional.
Limitations of liability
OYOO will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this Site:
- to the extent that the Site is provided free-of-charge, for any direct loss;
- for any indirect, special or consequential loss; or
- for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
- OYOO does not guarantee the security of any information transmitted over the internet.
- You accept that any telephone numbers listed on this Site may be recorded for security purposes.
These limitations of liability apply even if OYOO has been expressly advised of the potential loss.
Nothing in this Site disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this Site disclaimer will exclude or limit OYOO’s liability in respect of any:
- death or personal injury caused by OYOO’s negligence;
- fraud or fraudulent misrepresentation on the part of OYOO; or
- matter which it would be illegal or unlawful for OYOO to exclude or limit, or to attempt or purport to exclude or limit, its liability.
By using this Site, you agree that the exclusions and limitations of liability set out in this Site disclaimer are reasonable.
If you do not think they are reasonable, you must not use this Site.
You accept that, as a limited liability entity, OYOO has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against OYOO officers or employees in respect of any losses you suffer in connection with the Site.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this Site disclaimer will protect OYOO’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as OYOO.
If any provision of this Site disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this Site disclaimer.
You hereby indemnify OYOO and undertake to keep OYOO indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by OYOO to a third party in settlement of a claim or dispute on the advice of OYOO’s legal advisers) incurred or suffered by OYOO arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached of any provision of these terms and conditions.
Requirements for listings
Please note we do not permit any pyramid schemes or MLM based businesses on OYOO.
If any listings are found to not adhere to our terms and conditions, we reserve the right to remove them from the Directory with immediate effect and without a refund.
No factory-farmed meat or testing on animals are permitted on OYOO.
If any listings are found to not adhere to our terms and conditions, or listing criteria we reserve the right to remove them from the Directory with immediate effect and without a refund.
Please see our minimum criteria to list:
Businesses not certified can be accepted via OYOOs own rating system. Users will also be able to rate businesses. Negative comments will be investigated and if valid, a business will be removed from OYOO.
By joining OYOO and listing your business you agree to take part in our competitions and offer discounts to OYOO users.
Food & Drink
We support cruelty-free, organic, free-range, grass-fed, sustainably sourced and planet-friendly produce.
- All listings must provide proof of certification via licence code or chain of custody numbers (where relevant)
- RSPCA Assured Certification (or equivalent) is our minimum requirement for any animal products
- Eggs must be graded 0 – 1 (free-range organic)
Shopping & Services
We support cruelty-free, fair labour, organic, sustainably sourced, planet-friendly products and services
- Proof of certification membership via a licence code or chain of custody number (where relevant)
- If not a member of a certification body, then provide proof of use of ethical products or processes (where relevant)
We support ethical practices that use natural, organic, sustainably sourced products
- Providing licence code or chain of custody number of a certification body listed (where relevant)
- If not a member of a certification body, our minimum requirements are the use of ethical products such as organic, natural or cruelty-free (where relevant)
- Wellbeing is a category which mainly lists individuals or groups that offer health services such as yoga, pilates, life coaching etc. The inclusion of this type of business in our directory is to promote general wellbeing, and so the certification bodies listed may not be relevant.
Companies marked with any of the certification logos / licence codes are certified or trademark service licensees at the time they were listed on OYOO. However, we cannot be held responsible if since their listing status has changed. We recommend checking their status on the relevant certification scheme’s own website if you are unsure. Please also email [email protected] if you come across any such business listings on our site and we will take the relevant action.
Breaches of these terms and conditions
Without prejudice to OYOO’s other rights under these terms and conditions, if you breach these terms and conditions in any way, OYOO may take such action as OYOO deems appropriate to deal with the breach, including suspending your access to the Site, prohibiting you from accessing the Site, blocking computers using your IP address from accessing the Site, contacting your internet service provider to request that they block your access to the Site and / or bringing court proceedings against you.
OYOO may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this Site from the date of the publication of the revised terms and conditions on this Site. Please check this page regularly to ensure you are familiar with the current version.
OYOO may transfer, sub-contract or otherwise deal with OYOO’s rights and / or obligations under these terms and conditions without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and / or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and / or unenforceable, the other provisions will continue in effect. If any unlawful and / or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
These terms and conditions, together with any other relevant OYOO documents constitute the entire agreement between you and OYOO in relation to your use of this Site, and supersede all previous agreements in respect of your use of this Site.
Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with South African law and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of South Africa.
Petitions and causes
Any petitions or causes that OYOO facilitates through its website are the responsibility of the creator and not of OYOO. Any legal disputes arising from any publicity generated through conducting a petition or highlighting a cause on OYOO, are not liable against OYOO. Causes and petitions are the property of the creators and not OYOO. If any third party has an aggrievance against any petition or detail of a cause, in the first instance, please contact our team at OYOO, stating your issue and if there are legal implications, we will potentially agree to remove the petition / cause while further investigation / action is taken to resolve the situation.
Donations to causes are done on behalf of the community members who register as social change makers. We do our utmost to ensure each organisation is genuine and request for proof if they are an NGO / Charity. We also allow individuals to ask for donations for good causes. All donations are therefore up to the user to make, and OYOO cannot be held reliable for any false claims or loss of monies. In respect to any suspicious activity, please contact us immediately, with detailed information, so that we can investigate further. Any cause including a donation form, that is found deceitful, will be removed immediately from OYOO and banned from accessing the community.
Any reoccuring donation facilitated through OYOO can be cancelled at any time. Please email us [email protected] if you want to cancel your subscription and we will action this for you. We have plans to allow users to cancel their own subscriptions through the ‘My Account’ portal in the near future.
Registrations and authorisations
OYOO operates an online website and web app and is trading under OYOO Earth Company, a registered company in South Africa, Reg.RSA.co: 2020/679992/07
OYOO’s registered address is: PO Box 869, Betty’s Bay, Western Cape, South Africa, 7141.
To contact us please email [email protected]
OYOO traders terms and conditions
Who can sell products on OYOO?
We’re aiming OYOO Market at helping small businesses get off the ground. Ultimately, anyone who can prove their products are planet-friendly, handmade, ethical or sustainably sourced is welcome to become an OYOO trader.
What products can I sell?
OYOO Market is a free, online, ethical marketplace to sell planet-friendly, sustainable, artisan or upcycled goods.
As long as a trader has the right to sell the goods they’re adding to OYOO Market, we’re happy for you to upload pretty much any item. However, we strictly do not allow the selling of weapons, dangerous chemicals, non-rechargeable batteries, single-use plastics, items that have been tested on animals, food products that contain animal products sourced from factory farming, and no living livestock on this website. Pet products such as birdcages, and rodent boxes are also not permitted. Products that contain GMOs, unsustainable palm oil and parabens are also not permitted on OYOO. If you’re not 100% certain about whether a product does contain any of these, please tell us when you list your item. We realise that not all countries are strict on making suppliers declare their ingredients, so we’ll make a decision on a case-by-case basis. Ideally, food, drink, skincare and health products should be certified – we will point you in the right direction if you’re a new business and don’t hold a certification yet.
Finally, we’re also conscious of not condoning the sale of any item which is sourced from businesses that don’t care for their staff or use slave labour. We require proof that staff work in good conditions and receive decent pay (based on local rates). Ideally, a certification, as proof, such as Fairtrade is something we look for and will discuss with a business upon application.
We monitor all products uploaded on OYOO, so if we have any queries / concerns about a product we will contact the trader before publishing.
Are there any fees involved to trade?
There are no fees or payment required to join OYOO. This Site’s purpose is to create a community of like-minded people to connect, trade and learn from each other.
Traders will be charged an 18% fee per sale of a product which includes our admin fee and our real-time shipping service. Contact us if you’re a non-profit organisation, as we’re happy to negotiate this fee.
We are using Paystack as our payment gateway and all traders will be paid their commissions manually on a monthly basis to the bank account that you supply us with.
How do I receive payment for my goods?
We are using Paystack as our payment gateway. Traders are paid commissions manually on a monthly basis to the bank account that you supply us with.
To be an OYOO Trader, we just require you to have a bank account, in either the business name or the name of the user that signs up to OYOO.
Who deals with shipping and returns?
OYOO Market deals with the shipping on your behalf. We use the Courier Guy plugin for our real-time rate shipping service. Once a customer has paid for an order we will check with you when you are able to dispatch the order and then we will book the courier in to collect from you on this day and provide you with a waybill and tracking number to forward to the client. However, you will be responsible to deal with any shipping once the product has been delivered, eg. any returns.
A returns policy is also required by the trader and should be clearly stated when applying to become a trader, as this will be added to the trader profile on the OYOO Market.
OYOO Market Global Shipping Policy
Shipping within South Africa is via The Courier Guy. Please allow a minimum of 5 working days for your order to be delivered once completed, however we cannot be held responsible for delays once it is in the possession of the courier.
Allow up to 2 weeks waiting time for handmade-to-order items before they get shipped with the courier.
For outlaying or high-risk areas there will be a shipping surcharge.
We currently do not send items via OYOO Market outside of South Africa. If you would like to place an order to be sent to an international destination please contact the trader direct.
Does my address have to be public?
For legal reasons, traders must provide us with their address. It is also useful for buyers to see where the products they are buying are being dispatched from.
What payment gateways does OYOO use?
We use Paystack as our payment gateway which allows credit and debit card payments by customers. Please note that traders will only receive commissions paid on a manual basis at the end of each month.
Can I use the OYOO logo on my marketing?
This is the privacy notice of OYOO. In this document, “we”, “our”, or “us” refer to OYOO and the ‘Site’ refers to the OYOO website and web app.
This privacy notice aims to inform you about how we collect and process any information that we collect from you, or that you provide to us. It covers information that could identify you (“personal information”) and information that could not. In the context of the law and this notice, “process” means collect, store, transfer, use or otherwise act on information. It tells you about your privacy rights and how the law protects you.
We are committed to protecting your privacy and the confidentiality of your personal information. Our policy is not just an exercise in complying with the law, but a continuation of our respect for you and your personal information.
We undertake to preserve the confidentiality of all information you provide to us and hope that you reciprocate.
Our policy complies with the Data Protection Act 2018 (Act) accordingly incorporating the EU General Data Protection Regulation (GDPR).
The law requires us to tell you about your rights and our obligations to you in regards to the processing and control of your personal data. We do this now, by requesting that you read the information provided at http://www.knowyourprivacyrights.org
Except as set out below, we do not share, or sell, or disclose to a third party, any information collected through our Site.
If you have any questions about this privacy notice, including any requests to exercise your legal rights, please contact OYOO at [email protected].
This document was created in conjunction with a contractology template available at https://www.netlawman.co.uk/.
Data we process
We may collect, use, store and transfer different kinds of personal data about you. We have collated these into groups as follows:
Your identity includes information such as first name, last name, title, and other identifiers that you may have provided at some time.
Your contact information includes information such as billing address, delivery address, email address, telephone numbers and any other information you have given to us for the purpose of communication or meeting.
Your financial data includes information such as your bank account and payment card details.
Transaction data includes details about payments or communications to and from you and information about products and services you have purchased from us.
Technical data includes your internet protocol (IP) address, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this Site.
Your profile includes information such as your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.
Marketing data includes your preferences in receiving marketing from us; communication preferences; responses and actions in relation to your use of our services.
We may aggregate anonymous data such as statistical or demographic data for any purpose. Anonymous data is data that does not identify you as an individual. Aggregated data may be derived from your personal data but is not considered personal information in law because it does not reveal your identity.
For example, we may aggregate profile data to assess interest in a product or service.
However, if we combine or connect aggregated data with your personal information so that it can identify you in any way, we treat the combined data as personal information and it will be used in accordance with this privacy notice. We will never sell your data.
If you decide to leave OYOO at any time, your data goes with you. You own your data, not us.
Special personal information
Special personal information is data about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data. We are unlikely to collect special personal information about you, unless there is a one off campaign or a lawful need to do so – which you would provide your consent to collect anyway. We would not record personal information without consent.
If you do not provide personal information we need
Where we need to collect personal data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform that contract. In that case, we may have to stop providing a service to you. If so, we will notify you of this at the time. This is only in the likelihood of a security concern, where we would want to ensure an account belongs to a person they say they are – this is for the safety of all users on OYOO.
The basis on which we process information about you
The law requires us to determine under which of six defined bases we process different categories of your personal information and to notify you of the basis for each category.
If a basis on which we process your personal information is no longer relevant then we shall immediately stop processing your data.
If the basis changes then if required by law we shall notify you of the change and of any new basis under which we have determined that we can continue to process your information.
Information we process because we have a contractual obligation with you
When you create an account on our Site, buy a product or service from us, or otherwise agree to our terms and conditions, a contract is formed between you and us.
In order to carry out our obligations under that contract we must process the information you give us. Some of this information may be personal information.
We may use it in order to:
- verify your identity for security purposes
- sell products to you
- provide you with our services
- provide you with suggestions and advice on products, services and how to obtain the most from using our website
We process this information on the basis there is a contract between us, or that you have requested we use the information before we enter into a legal contract.
We shall continue to process this information until the contract between us ends or is terminated by either party under the terms of the contract.
Information we process with your consent
Through certain actions when otherwise there is no contractual relationship between us, such as when you browse our Site or ask us to provide you more information about our business, including job opportunities, our products and services, you provide your consent to us to process information that may be personal information.
If you have given us explicit permission to do so, we may from time to time pass your name and contact information to selected associates whom we consider may provide services or products you would find useful.
We continue to process your information on this basis until you withdraw your consent or it can be reasonably assumed that your consent no longer exists.
You may withdraw your consent at any time by instructing us via email at [email protected]. However, if you do so, you may not be able to use our Site or our services further.
Information we process for the purposes of legitimate interests
We may process information on the basis there is a legitimate interest, either to you or to us, of doing so.
Where we process your information on this basis, we do after having given careful consideration to:
- whether the same objective could be achieved through other means
- whether processing (or not processing) might cause you harm
- whether you would expect us to process your data, and whether you would, in the round, consider it reasonable to do so
For example, we may process your data on this basis for the purposes of:
- record-keeping for the proper and necessary administration of our business
- responding to unsolicited communication from you to which we believe you would expect a response
- protecting and asserting the legal rights of any party
- insuring against or obtaining professional advice that is required to manage organisational or business risk
- protecting your interests where we believe we have a duty to do so.
Information we process because we have a legal obligation
Sometimes, we must process your information in order to comply with a statutory obligation.
For example, we may be required to give information to legal authorities if they so request or if they have the proper authorisation such as a search warrant or court order. This may include your personal information.
Information provided on the understanding that it will be shared with a third party
Our Site allows you to post information with a view to that information being read, copied, downloaded, or used by other people.
- posting a message our forum
- tagging an image
- clicking on an icon next to another visitor’s message to convey your agreement, disagreement or thanks
In posting personal information, it is up to you to satisfy yourself about the privacy level of every person who might use it.
We do not specifically use this information except to allow it to be displayed or shared. We do store it, and we reserve a right to use it in the future in any way we decide.
Once your information enters the public domain, we have no control over what any individual third party may do with it. We accept no responsibility for their actions at any time.
Provided your request is reasonable and there is no legal basis for us to retain it, then at our discretion, we may agree to your request to delete personal information that you have posted. You can make a request by contacting us at [email protected].
Complaints regarding content on our Site
Our Site is a publishing medium. Anyone may register and then publish information about himself, herself or some other person. We attempt to moderate user-generated content, but we are not always able to do so.
If you complain about any of the content on our Site, we shall investigate your complaint.
If we feel it is justified or if we believe the law requires us to do so, we shall remove the content while we investigate.
Free speech is a fundamental right, so we have to make a judgment as to whose right will be obstructed: yours, or that of the person who posted the content that offends you. If we think your complaint is vexatious or without any basis, we shall not correspond with you about it.
Information relating to your method of payment
Payment information is never taken by us or transferred to us either through our Site or otherwise. Our employees and contractors never have access to it.
At the point of payment, you are transferred to a secure page on the Site of PayFast, PayPal or Stripe or some other reputable payment service provider. That page may be branded to look like a page on our Site, but it is not controlled by us.
Information about your direct debit
When you agree to set up a direct debit arrangement, the information you give to us is passed to our own bank for processing according to our instructions. We do keep a copy. We keep this information only for the duration of the direct debit arrangement.
Job application and employment
If you send us information in connection with a job application, we may keep it for up to three years in case we decide to contact you at a later date.
If we employ you, we collect information about you and your work from time to time throughout the period of your employment. This information will be used only for purposes directly relevant to your employment. After your employment has ended, we will keep your file for six years before destroying or deleting it.
Communicating with us
When you contact us, whether by telephone, through our Site or by e-mail, we collect the data you have given to us in order to reply with the information you need.
We record your request and our reply in order to increase the efficiency of our business. We may keep personally identifiable information associated with your message, such as your name and email address so as to be able to track our communications with you to provide a high-quality service.
When we receive a complaint, we record all the information you have given to us. We use that information to resolve your complaint.
If your complaint reasonably requires us to contact some other person, we may decide to give to that other person some of the information contained in your complaint. We do this as infrequently as possible, but it is a matter for our sole discretion as to whether we do give information, and if we do, what that information is.
We may also compile statistics showing information obtained from this source to assess the level of service we provide, but not in a way that could identify you or any other person.
Affiliate and business partner information
This is information given to us by you in your capacity as an affiliate of us or as a business partner.
It allows us to recognise visitors that you have referred to us, and to credit to you commission due for such referrals. It also includes information that allows us to transfer commission to you. The information is not used for any other purpose.
We undertake to preserve the confidentiality of the information and of the terms of our relationship.
We expect any affiliate or partner to agree to reciprocate this policy.
Last updated: (04 January 2023)
What are cookies
Cookies are small pieces of text sent by your web browser by a website you visit. A cookie file is stored in your web browser and allows the Site or a third-party to recognise you and make your next visit easier and the Site more useful to you. Cookies can be “persistent” or “session” cookies.
- to enable certain functions of the Site,
- to provide analytics,
- to store your preferences,
- to enable advertisements delivery, including behavioural advertising.
- We use both session and persistent cookies on the Site and we use different types of cookies to run the Site.
We may use essential cookies to authenticate users and prevent fraudulent use of user accounts.
In addition to our own cookies, we may also use various third-party cookies to report usage statistics of the Site, deliver advertisements on and through the Site, and so on.
What are your choices regarding cookies?
Finding more information about cookies
You can learn more about cookies and the following third-party websites:
Network Advertising Initiative: http://www.networkadvertising.org/
Personal identifiers from your browsing activity
Requests by your web browser to our servers for web pages and other content on our Site are recorded.
We record information such as your geographical location, your Internet service provider and your IP address. We also record information about the software you are using to browse our Site, such as the type of computer or device and the screen resolution.
We use this information in aggregate to assess the popularity of the webpages on our Site and how we perform in providing content to you.
If combined with other information we know about you from previous visits, the data possibly could be used to identify you personally, even if you are not signed in to our Site.
Our use of re-marketing
Re-marketing involves placing a cookie on your computer when you browse our Site in order to be able to serve to you an advert for our products or services when you visit some other website.
Information we obtain from third parties
Although we do not disclose your personal information to any third party (except as set out in this notice), we sometimes receive data that is indirectly made up from your personal information from third parties whose services we use. No such information is personally identifiable to you.
Third party advertising on our Site
Third parties may advertise on our Site. In doing so, those parties, their agents or other companies working for them may use technology that automatically collects information about you when their advertisement is displayed on our Site.
We do not have control over these technologies or the data that these parties obtain. Accordingly, this privacy notice does not cover the information practices of these third parties.
To assist in combating fraud, we share information with credit reference agencies, so far as it relates to clients or customers who instruct their credit card issuer to cancel payment to us without having first provided an acceptable reason to us and given us the opportunity to refund their money.
Data may be processed outside the European Union
Our Site is hosted in the United Kingdom. We may also use outsourced services in countries outside the European Union from time to time in other aspects of our business.
Accordingly, data obtained within the UK or any other country could be processed outside the European Union.
For example, some of the software our Site uses may have been developed in the United States of America or in Australia.
We use the following safeguards with respect to data transferred outside the European Union:
- the processor is within the same corporate group as our business or organisation and abides by the same binding corporate rules regarding data processing.
- the data protection clauses in our contracts with data processors include transfer clauses written by or approved by a supervisory authority in the European Union
- we comply with a code of conduct approved by a supervisory authority in the European Union
- we are certified under an approved certification mechanism as provided for in the Act.
- both our organisation and the processor are public authorities between whom there is either a legally binding agreement or administrative arrangements approved by a supervisory authority in the European Union relating to protection of your information.
Your duty to inform us of changes
It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes.
Access to your personal information
At any time you may review or update personally identifiable information that we hold about you, by signing in to your account on our Site.
To obtain a copy of any information that is not provided on our Site you should contact us to make that request.
After receiving the request, we will tell you when we expect to provide you with the information, and whether we require any fee for providing it to you.
Removal of your information
If you wish us to remove personally identifiable information from our Site, you should contact us to make your request. This may limit the service we can provide to you.
Verification of your information
When we receive any request to access, edit or delete personal identifiable information we shall first take reasonable steps to verify your identity before granting you access or otherwise taking any action. This is important to safeguard your information.
Use of site by children
We do not sell products or provide services for purchase by children, nor do we market to children.
If you are under 16, you may use our Site only with consent from a parent or guardian.
We collect basic data about all users of and visitors to these areas regardless of age, and we anticipate that some of those users and visitors will be children.
Such child users and visitors will inevitably visit other parts of the site and will be subject to whatever on-site marketing they find, wherever they visit.
Encryption of data sent between us
We use Secure Sockets Layer (SSL) certificates to verify our identity to your browser and to encrypt any data you give us.
Whenever information is transferred between us, you can check that it is done so using SSL by looking for a closed padlock symbol or other trust mark in your browser’s URL bar or toolbar.
How you can complain
If a dispute is not settled then we hope you will agree to attempt to resolve it by engaging in good faith with us in a process of mediation or arbitration.
If you are in any way dissatisfied about how we process your personal information, you have a right to lodge a complaint with the Information Commissioner’s Office (ICO). We would, however, appreciate the opportunity to talk to you about your concern before you approach the ICO.
Retention period for personal data
Except as otherwise mentioned in this privacy notice, we keep your personal information only for as long as required by us:
- to provide you with the services you have requested;
- to comply with other law, including for the period demanded by our tax authorities;
- to support a claim or defence in court;
- and we delete your personal information when you delete your account.
Compliance with the law
We may update this privacy notice from time to time as necessary. The terms that apply to you are those posted here on our Site on the day you use our Site. We advise you to print a copy for your records.
OYOO Design terms of service policy
All artwork created by OYOO Design is subject to copyright. All artwork commissioned by a client, including the creation of a logo, website, publicity material or any other form of artwork will be subject to copyright and is owned by OYOO Design until the final payment is received by OYOO Design at the completion of a project. Only then, will copyright be released to the client.
OYOO Design reserves the right to use any work created by themselves for the use on their website, or in social media after a project is completed.
If copyright is breached before final payment is received, OYOO Design reserves the right to seek legal advice and can charge an additional fee or sue for breach of the agreement. For example, if a piece of artwork is copied and then used for publicity where OYOO Design has not been involved and the artwork is copied prior to receipt of final payment, the copyright belongs to OYOO Design, so a breach of agreement in this instance would be subject to the above terms.
Final sign-off of artwork
Final sign-off is required when a project is completed, whether it is a website, brochure, poster, logo or any other item created by OYOO Design. At sign-off a client is reponsible for checking for errors on the item, for making sure nothing is missing and that they understand that once signed-off the item is then considered completed. Any subsequent changes after sign-off will be seen by OYOO Design as a new job – even if it is a small change. Therefore final sign-off is the end of a project and final payment is to be received by OYOO Design before the release of:
- Print ready pdfs
- Supply of logo suite
- Website being made live (depending on circumstances)
- Merchandise being ordered
- Print items being ordered
If an error or omission is spotted after sign-off, we cannot be held responsible for any payments or additional costs that arise from the event. We will of course sort the problem as a new job, but this should be avoided at the final sign-off stage if the client checks the work properly and makes sure that nothing is missing or overlooked.
We keep our fees low to assure cash flow. To do this we require 50% deposit on all projects quoted over £500 or R5000 or $500 plus any additional costs required to start work – for example, websites may need a new template or paid plugins. Or a print/merchandise project will need to be outsourced and the cost of that should be paid upfront.
The final payment will then be the amount owed in total, which is either 50% or the amount owing in hours left – which can sometimes be less than 50% or more, depending on the situation. No artwork or copyright will be released until final payment has been received.
We provide options for all clients regarding payment when it comes to meeting a budget. We’re pretty flexible and are open to agreeing to fix rate terms, offering a charity rate or even doing work for free depending on the circumstances. Each job is different, so please ask for a quote to get a better idea of how much your project would be with us.
We also offer set contracts and packages:
3-month contracts must be paid in full prior to any work starting.
6-month contracts can either be paid upfront or paid 50% at the start and 50% halfway through.
Packages can be paid 50% upfront and 50% at the end of the project as per our payment terms above.
All contracts are subject to change by OYOO Design at any time, depending on the circumstances.
In the instance that a contract is created to the individual client we will tailor our terms accordingly.
We provide a 7-day cooling off period from when our invoice is raised to when the invoice is due. Once paid, no refunds are permitted.
On 3-month contracts, we do not offer any cancellation period. The contract is payable at the start and is only complete at the end of the agreed period.
On 6-month contracts, we will accept 50% of the contract amount at the start and 50% halfway. If the client no longer wishes to continue the contract at the halfway period, we would be open to ending the contract and cancelling the second installment. Any payments made, however, are non-refundable.
As contracts are already offered at a reduced rate any other special offers we have do not apply.
Currently, OYOO Design offers all new clients and OYOO Tribe Members a 5% discount on their first project with us. We also provide a 5% discount to customers on their next project, for any referrals they give us that turns into paid work. This is subject to change at any time and we reserve the right to withdraw our special offers without warning.
Special offers do not apply to contract clients as we have already applied a reduced rate for contracts.
As stated in the final sign-off section, OYOO Design will not be held liable for any additional costs or legal proceedings due to negligence of checking content or imagery for a project at sign-off. It is down to a client to make sure that they ultimately proof check any work undertaken on their behalf. We are happy to assist in proofing items, copywriting and so forth but the ultimate check at sign-off is down to the client.
If a client proceeds to add images to a website after sign-off, that is subject to copyright and has not been sourced properly or paid for, we cannot be held responsible or liable for legal implications.
OYOO Design only sources images from commercial use stock sites. No images will be taken from sources subject to copyright. If a client supplies an image which has not been sourced correctly and is subject to copyright, OYOO Design will not be held responsible. We do our best to notify our clients of correct image sourcing and are happy to do it on their behalf but if a client chooses to supply images, then they are solely responsible for any consequences if those images are in fact subject to copyright and permission has not been sought.
OYOO Design will also not be liable for any legal proceedings if a client chooses to use logos that belong to other companies on their website without permission. This decision is the responsibility of the client only. We advise to always seek permission when acquiring testimonials, logos or case studies. If this is not sourced correctly, then the client will be solely responsible and not OYOO Design.
Maintenance after a website has been made live is down to the client, unless the client has chosen to continue a maintenance/support contract with OYOO Design. In the instance of a site not being maintained or going wrong after sign-off, the client is responsible for organising such maintenance. We are happy to offer assistance or recommend other providers, but a website becomes a client’s responsibility once sign-off is given and the free 1 month of support/maintenance is ended by us.
We will always work in the best and fair interest of all clients, but we cannot be made accountable for decisions out of our control.