– 3DWhip (Pty) Ltd –
Last updated: December 10, 2018, at 12:15 pm
3DWhips terms and conditions. The following are terms and conditions of a legal agreement between you and 3DWhip, its affiliates and partner (collectively, “3DWhip”, “we”, “us” or “our”). These terms and conditions govern your use of the services we offer (“3DWhip Services” or “Services”) and the use of 3dwhip.co.za (the “3DWhip Website” or “Website”).
By using the 3DWhip website and service, you acknowledge to have read, understood and agree to be bound by these “Terms and Conditions” and to comply with all applicable laws and regulations. If you do not agree to these Terms and Conditions, you should not use the 3DWhip Services and Website.
– 3DWhip Services –
The 3DWhip Services is made up of different services provided through the Website. One of our Services enables you to upload a 3D files and designs to our website google drive and finally have it 3D printed (also ‘manufactured’) by us.
If you want to turn your 3D model into a real object, you can place an order with us to have it manufactured. We manufacture all parts to the specification we’re provided with from our selected materials.
Unless stated differently during the checkout process, all costs will be billed and collected by 3DWhip. If your model is not manufacturable or has features that may lead to unsatisfactory results of the manufacturing process, we will contact you and advise the changes that need to be made. If changes are not possible, a refund can be given providing that manufacturing has not commenced.
We offer to briefly evaluate the uploaded model by you but should it be beyond our skills to fix it we will advise you. Models that do not qualify for 3D print need to be inspected by an expert 3D designer, who might – but not necessarily will – be able to turn your model into one that can be manufactured. Most files require fixing, and in many cases, they will be done FREE OF CHARGE by 3DWhip, though some models require a complete modification that may require additional services. Expert services are available through 3DWhip, you will be able to purchase them, also in combination with the 3D prints of your model. By purchasing expert services you will reduce, but not completely remove, the risks related to the potential non/limited-manufacturability of your model and the limits of the 3D printing technology, which might lead to unsatisfactory results of the 3D-print process.
We run routine checks on all models and will advise you, but we shall not be held responsible for any loss, damage or costs incurred if the model has features that are outside the guidelines stated on the Basic Rules For STL files page or on the Maximums and Minimums page on the 3DWhip website.
– Account Terms –
3DWhips terms and conditions for account terms. You must be at least eighteen (18) years of age to use this Service. If you are under 18, you may use 3DWhip only with involvement of a parent or guardian. You must provide current, accurate identification, contact, and other information that may be required as part of the registration process and/or continued use of the Service. You are responsible for maintaining the confidentiality of your service password and account and are responsible for all activities that occur thereunder. We will not be liable for any loss or damage from your failure to maintain the security of your account and password. We reserve the right to refuse service to or terminate service of anyone at any time without notice for any reason.
– Ordering Process –
3DWhips terms and conditions, Ordering process
1) Placing An Order/Receiving A Quote
To order a print of a model you designed or that you found on the World Wide Web, you start with uploading the model to our Google cloud or through our manual upload. Then you can select the quantity of the model you order and the turnaround time you want the model to be made in as well as additional services. As the next step, we ask you to provide us with the information we need for the delivery of the model. Please be informed that the language to be used during the whole ordering process is English. Quotes are valid for 30 days from the date of issue.
2) Unacceptable Orders, Cancellation of Orders by us
There may be technical or other reasons why we can not accept or must cancel your order during the entire ordering process, even after our acceptance of your order. (Such reasons can be for example but not limited to the unfeasibility of the model, the features of your model, the destination of the delivery you indicated in your order etc.) In case we cancel your order 3DWhip will contact you via email.
Any functioning weapon or parts from weapons will not be printed. Any parts for weapons concealed or disguised as other parts in an attempt to bypass this rule will remain the responsibility of the person(s) who upload the files and they will be held liable for any legal actions as a result of the printing.
The prices displayed are based on the pricing scheme 3DWhip gives you initially. 3DWhip reserves the right to change its prices without prior notice. Such changes, however, will have no effect on orders completed before the posting of a new price. We do our best to prevent errors in the pricing. However, should an error occur, we are not bound by our offer and may cancel the order.
4) Payment and Price
Payment must be made in full prior to printing. Lead times for the printing process start on completion of payment and not from the time of the upload. The cut-off for Express orders is any payment made before 3 pm on weekdays. The lead time for Orders paid after 3 pm will start from the next working day.
Payment should be made through the website portal, or through an invoice emailed out and should be paid by credit card or PayPal.
After sending your order, we will send you an order confirmation to the email address with which you signed-in or supplied with the upload. The order confirmation will be effective as of the date on which the order confirmation is sent to you. If we cannot accept your order, we will contact you by email. You should verify the details in the confirmation email. If there are errors you should contact us as soon as possible by sending an email to our customer service.
6) Amendments to Order Including Adding files/Changing files
After the acceptance and payment of the order, there can be no changes to the files or processes, excluding the addition or removal of postprocessing requirements. Any changes are subject to an R 500 admin charge which must be paid for before the change comes into effect.
7) Lead Times
Lead times are only estimates and NOT IN ANY WAY guaranteed. Infrequent and unpredictable factors like machine failure, power cuts and acts of God may cause orders to be delayed by a number of days. There are no Lead time-related refunds. If you are on a deadline, it is strongly advised that you contact us ahead of time.
Your order will be delivered to your shipping address or will be available for pick-up depending on the service you choose. We are not liable for incorrect shipping addresses, and no refunds are given if incorrect shipping addresses are given.
All packages are sent out in a protected box and by recorded delivery. In the event that packages are returned to us, we will resend them out, though this may incur additional charges. In case of doubt, check the delivery address on any of the update notification emails you have been sent. We are not liable for any damage or cost caused by delay in shipping or delivery.
Change of shipping address is permitted, however, your model will be placed at the back of the queue for printing and lead times will recommence from the date of the address change unless otherwise stated.
9) Cancellation of Your Order, Return of Models
Due to the nature of our Services, you cannot cancel your order after it goes into production. Orders that contain non-refundable items are still cancellable, however, note that refund or cancellation will not apply to items in the order that are non-refundable.
If ordered, once an invoice has been requested, any cancellations must be received within 48 hours. Failure in sending 3DWhip written confirmation of the cancellation will result in the order being added to that month’s accounts.
We are not responsible for your design should it not work or not fit the designed purpose unless what we provide is substantially dimensionally different from what has been supplied to us in STL format.
10) Minimum Guaranteed Thickness
Parts are guaranteed with a minimum wall thickness of 2 mm. We will print things thinner than 2 mm, but it is at your own risk. If these break in our hands, your hands, during delivery, or lost during the cleaning process, it will not be covered or reprinted for free. Although we do our best to check over every single model for printing, sometimes thinner parts can be missed, 3DWhip is not held responsible if the parts are missed and printed anyway which results in a failed or broken part.
11) Use of 3rd Party Companies
In certain circumstances, it may be necessary for 3DWhip to use a 3rd party company to complete orders or certain aspects of a job. e.g. finishing work. 3DWhip cannot be held responsible if there are any problems or longer lead times caused by using this 3rd party. Although we strive to complete jobs within the lead times stated, we can not always guarantee these.
12) Delays to Order
In some very rare circumstances there may be a delay to your order, in these circumstances there may be a variety of reasons which include, but are not limited to; failure of Quality Control due to discolouration or damage, machine failure, power cuts and ‘Acts of God’. If one or more of these issues do arise, we will re-print the affected files, but this may cause a delay to the order while we await the reprints. As these problems are always unforeseen, 3DWhip accepts no responsibility for missed deadlines and is under no obligation to offer a refund or any form of compensation.
– Warranty –
As 3DWhip is mostly independent of the design of the part, 3DWhip offers NO warranty on any parts and does not insure against design in any way.
Though 3D printing is an excellent and cost-effective way to manufacture low volume and one-off items, the quality and price are unlikely to match those of mass-produced items. Misunderstanding of strength, surface finish and cost are not grounds for a refund in any case.
3DWhip MAKES NO WARRANTY OTHER THAN THOSE MADE EXPRESSLY IN THIS TERMS AND CONDITIONS TO THE FULLEST EXTENT PERMITTED BY LAW, 3DWhip HEREBY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME STATES OR COUNTRIES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
– Fit for Purpose –
All parts that 3DWhip manufactures are manufactured to a suitable standard. However, 3DWhip stresses that any part manufactured for any other purpose than that of prototyping should be submitted for testing by the relevant regulating bodies. 3DWhip accepts no responsibility for parts used for any other purpose than prototyping. 3DWhip recommends that parts are certified for their use and deemed fit for purpose.
– CAD Design Service –
3DWhips terms and conditions for CAD Design Services.
– Client’s obligations –
3DWhips terms and conditions for the Client will provide or assist us in obtaining whatever materials, text or information are required for the provision of the services. We reserve the right to charge for time spent acquiring or amending such materials, text or information where those supplied by the Client are inadequate, or where the Client’s instructions are inaccurate or incomplete. The Client will review all specifications, drafts and proofs provided by us and provide feedback and/or approval in a timely manner.
The Client will thoroughly check such specifications, drafts and proofs provided by us before signing off on them. Once written approval has been given the Client will have no further opportunity to make changes to the final product and we shall not be responsible for any error subsequently discovered in the final product. Nor will we be liable for any Client dissatisfaction with the product where the final product is produced in accordance with the signed-off specification. Any changes we do subsequently agree to make will be at our sole discretion and we reserve the right to charge for them. Any claims for damage or short supplied goods must be made in writing within seven days of goods being received.
Information sent from the client about specification, modification or general product information must be sent via email and not in handwritten or verbal form. Errors occurring from information in non-email from will not be covered for refundable or free of charge amendments to both digital or physical works.
– Intellectual property –
3DWhips terms and conditions for The Client represents and warrants to 3DWhip that any elements of text, graphics, images, designs, trademarks or other material supplied or disclosed to 3DWhip are the property of the Client or the Client has permission from the rightful owner to use each of those elements and that 3DWhip its use of such material shall not infringe the intellectual property rights of any third party. 3DWhip will inform the relevant governing bodies in the event that it finds itself in possession of an illegal image. Any product produced by 3DWhip for the Client using or containing anything supplied or disclosed by the Client which infringes the intellectual property rights of any third party will remain the liability of the Client and the Client will indemnify and keep indemnified 3DWhip against any loss, damage claim or expense arising out of such infringement.
Where all sums owed to us under this agreement have been received, 3DWhip will assign to the Client all intellectual property rights (including copyright) in the final product as are owned by us and capable of assignment. All images, text, layouts, website scripts and source code appearing on or associated with our websites are copyright of 3DWhip 2018. All media published on our websites remain the intellectual property of 3DWhip. 3DWhip shall have the right to use the Client’s name & logo royalty-free in its own marketing material.
– Retention of Title –
3DWhips terms and conditions. All goods or services sold or supplied by 3DWhip remain our property until payment is made in full. Though the intellectual property of files is under the ownership of the client, data files and drawings produced will remain the property of 3DWhip until a release fee is agreed. This fee is at our discretion, though our standard release fee is twice that of the cost of the CAD work and is an additional cost to that of the CAD work itself.
– The Functionality of Digital Designs Created by 3DWhip –
3DWhips terms and conditions for digital designs. All designs will be to the best of our knowledge and ability, however with prototyping, this may take a few attempts to produce an item fit for purpose. After agreed client signs off on digital items, 3DWhip bears no responsibility for the fit, form and functionality of the parts produced. Amendments and future prints are subject to our standard chargeable rates.
– Warranties and Liabilities –
3DWhips terms and conditions for warranties and liabilities. 3DWhip warrants that to the best of its knowledge and belief the final product shall not infringe any third-party rights or be in any way contrary to South African law. All other warranties or representations whether express, implied or statutory, with respect to our service, including, without limitation, any implied warranties of merchantability, accuracy, fitness for a particular purpose, or non-infringement are hereby excluded to the maximum extent permitted by law. No oral or written information or advice is given by us shall create a warranty. 3DWhip maximum aggregate liability to the Client under this agreement shall in no circumstances exceed an amount equal to the total amount actually paid by the Client under this agreement. In no event shall 3DWhip be liable to the Client for any loss of business, loss of opportunity, profits or goodwill or for any other indirect or consequential loss or damage whatsoever. This shall apply even where such a loss was reasonably foreseeable or we had been made aware of the possibility of the Client incurring such a loss. The Client shall indemnify and keep indemnifying 3DWhip from and against any and all damage, loss, costs, expenses (including legal costs and expenses) and liability whether civil or criminal which we may incur or suffer resulting from any act, neglect or default of the Client or its agents, employees or licensees, or the infringement of the intellectual property rights of any third party.
– Confidential Information –
3DWhips terms and conditions for confidential information. The parties agree to treat as secret and confidential and not at any time for any reason during or after the termination of the agreement to disclose or permit to be disclosed or made use of any confidential information concerning the other’s business which they may acquire in the course of the agreement.
The above restrictions shall not prevent: (a) the disclosure of information if required by law; or (b) the disclosure of information which is already in the public domain otherwise than through unauthorised disclosure by the Consultancy.
– General –
3DWhips terms and conditions in general.
Amendment: Any valid alteration to or variation of this agreement must be in writing and signed on behalf of each of the parties by a duly authorised representative.
No Waiver: No failure of either party to enforce at any time or for any period any term or condition of the agreement shall constitute a waiver of such term or of that party’s right later to enforce all terms and conditions of the agreement.
Severance: If any provision of the agreement is declared by any judicial or other competent authority to be illegal, void, voidable or otherwise unenforceable, or indication of the same is received by either of the parties from any relevant competent authority, such provision shall be deemed severed from the agreement and the remaining terms of the agreement shall remain in full force and effect.
Force Majeure: Neither party shall be liable for any delay in performing or failure to perform its obligations under the agreement to the extent that and for so long as the delay or failure results from any cause or circumstance whatsoever beyond its reasonable control (an “event of force majeure”) provided that the event of force majeure is not due to the fault or negligence of that party. Each party shall use its reasonable endeavours to minimise the effects of any event of force majeure. The Client’s obligation to pay all amounts due under this agreement is explicitly excluded from the provisions of this clause.
Jurisdiction: The agreement is governed by and is to be construed in accordance with the laws of South Africa and shall be subject to the exclusive jurisdiction of the Courts of South Africa.
– Use of the 3DWhip Website –
3DWhips terms and conditions for the use of the website. Copyright and all other proprietary rights in the content of the Website (including but not limited to software, audio, video, text and photographs and excluding all User Generated Content) rest with 3DWhip or its licensors. All rights in the content not expressly granted herein are reserved. Except as otherwise provided, the content published on this Website may be reproduced or distributed in unmodified form for personal, non-commercial use only. Any other use of the content, including without limitation distribution, reproduction, modification, display or transmission without the prior written consent of 3DWhip is strictly prohibited. You also agree that you will not use any robot, spider, other automated devices, or manual process to monitor or copy any content from the Service. Our rights include rights to (i) the Service developed and provided by us; and (ii) all software associated with the Service. All copyright and other proprietary notices shall be retained on all reproductions.
This Website may provide links to other websites that are not under the control of 3DWhip. 3DWhip shall not be responsible in any way for the content of such other websites. 3DWhip provides such links only as a convenience to you, and the inclusion of any link to any such websites does not imply endorsement by 3DWhip of the content of such websites.
Since the 3DWhip Service is a web-based service, it might be subject to temporary downtime. From time to time we also update our Website, which will result in the Website not being available for a certain period of time. We will endeavour to ensure that the Website operates reliably and consistently, but we do not warrant that the Website will operate uninterrupted without any faults. We are not responsible for any losses suffered by you as a result of any interruption of the Website, suspension of your access to the Website.
– User-Generated Content –
3DWhips terms and conditions for user-generated content. The term “User Generated Content” when used in this Terms and Conditions shall mean any content uploaded to the Website by you, including but not limited to all uploaded 3D designs, pictures of your 3D objects, pictures of any model, comments on the Website, specifications provided in your order as well as the printed model we create for you based on your User Generated Content. All User Generated Content should not be or contain abusive, harassing, threatening, defamatory, obscene, fraudulent, deceptive, misleading, offensive, pornographic, illegal or unlawful information or be likely to infringe or infringing on any intellectual property rights. Intellectual property rights mean copyright, patent, registered design, design right, trademark, trade secret or any other proprietary or industrial right.
3DWhip has no obligation to review the User Generated Content and can in no way be held responsible for the content of the User Generated Content.
ALL data created/supplied by you remains your own intellectual property, unless you grant us your permission to distribute and share images and information of your parts, this does not include distributing the 3D file(s) that you have supplied us with. By paying for your order you agree that if necessary we are able to outsource your 3D data to one of our carefully selected partners, who they themselves are covered under ours and their own non-disclosure agreements that they won’t be able to use any of your data without first seeking your permission.
By agreeing to our service ‘Social Postage’* you agree that 3DWhip is allowed to show and distribute images of your files, but not including the 3D data itself, via any of our channels, this includes our website and social media channels but it is not limited to these methods. By agreeing to this service we do not need to seek your written permission to distribute images of your files through any of our channels and you are not able to request for pictures to be removed after something has gone live.
*(The Social Postage button this means that if 3DWhip decide to use any images of your parts through any of means, you will have your postage cost’s refunded back to you, this is at our own discretion).
– Intellectual Property Rights of 3D Designs/Models/Prints –
3DWhips terms and conditions for intellectual property. You, as a designer, retain ALL your intellectual property rights in your 3D design, including without limitation any and derivative works like 3D renders. Except for the rights and licenses specified below, 3DWhip shall NOT use, modify, display or distribute your 3D design or derivatives thereof. By uploading your 3D design, you warrant that it is either your original creation and not copied from any third party and/or entity or that you own the intellectual property rights of the design. You warrant that your User Generated Content will not infringe the intellectual property rights of third parties. Should your User Generated Content nevertheless be found to be infringing and/or in violation of any law, you will defend 3DWhip against third-party claims, and be held liable for all (direct and indirect) damages and costs incurred by 3DWhip with respect to such claims.
We retain the right to review and refuse any order when it, in our own discretion, appears to infringe third party intellectual property rights.
We are happy to sign non-disclosure/confidentiality agreements where necessary.
– Consent to Use of Personal Data –
By using our Services you agree that 3DWhip may collect and use personal data about you. Such information collected through this Website shall only be used for our own records and will never be sent, sold or distributed to any third parties without consent.
– Limitation of Liability –
These Terms and Conditions set out the full extent of our obligations and liabilities in respect of the 3DWhip Services. Save as set out below, there are no warranties, conditions or other terms that are binding on us regarding the supply of Services except as expressly stated in these Terms and Conditions. Any warranty, condition or other term arising out of or in connection with the Services or the delivered models which might otherwise be implied into or incorporated into these Terms and Conditions by statute, common law, laws applicable in the country where you ordered the Services or otherwise (including without limitation any implied term as to quality, fitness for purpose, reasonable care and skill) is hereby expressly excluded.
3DWhip WILL NOT BE LIABLE FOR ANY LOSS OF INCOME, LOSS OF PROFITS, LOSS OF CONTRACTS, LOSS OF DATA OR FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGE OF ANY KIND HOWSOEVER ARISING AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, WARRANTY OR OTHERWISE. OUR MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS AND CONDITIONS WHETHER IN TORT (INCLUDING NEGLIGENCE) OR OTHERWISE SHALL IN NO CIRCUMSTANCES EXCEED THE FEE RECEIVED FROM YOU BY 3DPRINTUK FOR THE RELEVANT ORDER.
– Indemnification –
You agree to indemnify and hold 3DWhip, its partners, affiliates, distributors, dealers, agents and its and their employees harmless from and against all liabilities, costs, damages and expenses (including reasonable attorney’s fees) arising from or relating to any claims that result from your breach of these Terms and Conditions.
Change of the Website, the Services and these Terms and Conditions
3DWhip reserves the right to make changes to the Website, the Services and these Terms and Conditions at any time. Such amended Terms and Conditions shall be effective upon posting on this Website and will have no effect on sales that were completed before such posting. We will make reasonable efforts to post notices regarding any changes to these Terms and Conditions. Please check the Terms and Conditions published on this Website regularly to ensure that you are aware of all terms governing the Website and the Service.
– Miscellaneous –
These Terms and Conditions, together with the Privacy Statement and any other policies, guidelines, or FAQs posted by 3DWhip represents the complete and exclusive agreement relating to the subject matter hereof which supersedes any proposal or prior agreement, oral or written and any other communications between you and 3DWhip. No amendment of these Terms and Conditions shall be binding upon 3DWhip unless in writing and signed by 3DWhip. If any provision is held to be void or unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable, and the invalidity or unenforceability of such provision shall not affect the validity or enforceability of any other provision of these Terms and Conditions.
– Contact Information –
If you have any questions regarding these Terms and Conditions or the Services, you can contact us by sending an email to email@example.com
SHOULD YOU EXPERIENCE ANY PROBLEMS, PLEASE CONTACT US AND WE WILL DO OUR BEST TO FIX IT AS SOON AS POSSIBLE. SINCE WE ALWAYS WANT TO FURTHER IMPROVE OUR SERVICES, WE WELCOME ALL FEEDBACK. 3DWhip MAY CONTACT YOU TO ASK YOU ABOUT YOUR EXPERIENCES.
3DWhip © 2018