Terms & Conditions – Okinikini

THE TERMS AND CONDITIONS OF okinikini.com

RETURNS

Our policy lasts 30 days. If 30 days have gone by since your purchase, unfortunately we can’t offer you a refund or exchange.

To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging.

Several types of goods are exempt from being returned. Perishable goods such as food, flowers, newspapers or magazines cannot be returned. We also do not accept products that are intimate or sanitary goods, hazardous materials, or flammable liquids or gases.

Additional non-returnable items:

Gift cards
Downloadable software products
Some health and personal care items

To complete your return, we require a receipt or proof of purchase.

Please do not send your purchase back to the manufacturer.

There are certain situations where only partial refunds are granted: (if applicable)

Book with obvious signs of use
CD, DVD, VHS tape, software, video game, cassette tape, or vinyl record that has been opened.
Any item not in its original condition, is damaged or missing parts for reasons not due to our error.
Any item that is returned more than 30 days after delivery

Refunds (if applicable)
Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund.
If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days.

Late or missing refunds (if applicable)
If you haven’t received a refund yet, first check your bank account again.
Then contact your credit card company, it may take some time before your refund is officially posted.
Next contact your bank. There is often some processing time before a refund is posted.
If you’ve done all of this and you still have not received your refund yet, please contact us at sales@okinikini.com.

Sale items (if applicable)
Only regular priced items may be refunded, unfortunately sale items cannot be refunded.

Exchanges (if applicable)
We only replace items if they are defective or damaged. If you need to exchange it for the same item, send us an email at sales@okinikini.com and send your item to: Plot 76B Brakwater, Windhoek, KH, 9000, Namibia.

Gifts
If the item was marked as a gift when purchased and shipped directly to you, you’ll receive a gift credit for the value of your return. Once the returned item is received, a gift certificate will be mailed to you.

If the item wasn’t marked as a gift when purchased, or the gift giver had the order shipped to themselves to give to you later, we will send a refund to the gift giver and he will find out about your return.

Shipping
To return your product, you should mail your product to: Plot 76B Brakwater, Windhoek, KH, 9000, Namibia.

You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.

Depending on where you live, the time it may take for your exchanged product to reach you, may vary.

If you are shipping an item over $75, you should consider using a trackable shipping service or purchasing shipping insurance. We don’t guarantee that we will receive your returned item.

1 Acceptance The Use Of okinikini.com Terms and Conditions

Your access to and use of okinikini.com is subject exclusively to these Terms and Conditions. You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website.

2 Credit card details

Insert your credit card policy

3 LEGAL ADVICE

The contents of okinikini.com website do not constitute advice and should not be relied upon in making or refraining from making, any decision.
All material contained on okinikini.com is provided without any or warranty of any kind. You use the material on okinikini.com at your own discretion

4 CHANGE OF USE

okinikini.com reserves the right to:
4.1 change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that okinikini.com shall not be liable to you for any such change or removal and.
4.2 change these Terms and Conditions at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such change.

5 Links to Third Party Websites

okinikini.com Website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.

6 COPYRIGHT

6.1 All copyright, trade marks and all other intellectual property rights in the Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to okinikini.com or otherwise used by okinikini.com as permitted by law.
6.2 In accessing the Website you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.

7 LINKS TO AND FROM OTHER WEBSITES

7.1 Throughout this Website you may find links to third party websites. The provision of a link to such a website does not mean that we endorse that website. If you visit any website via a link on this Website you do so at your own risk.
7.2 Any party wishing to link to this website is entitled to do so provided that the conditions below are observed:
(a) you do not seek to imply that we are endorsing the services or products of another party unless this has been agreed with us in writing;
(b) you do not misrepresent your relationship with this website; and
(c) ; the website from which you link to this Website does not contain offensive or otherwise controversial content or, content that infringes any intellectual property rights or other rights of a third party.
7.3 By linking to this Website in breach of our terms, you shall indemnify us for any loss or damage suffered to this Website as a result of such linking.

8 DISCLAIMERS AND LIMITATION OF LIABILITY

8.1 The Website is provided on an AS IS and AS AVAILABLE basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
8.2 To the extent permitted by law, okinikini.com will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website.
8.3 okinikini.com makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
8.4 Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of okinikini.com for death or personal injury as a result of the negligence of okinikini.com or that of its employees or agents.

9 INDEMNITY

You agree to indemnify and hold okinikini.com and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against okinikini.com arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.

10 SEVERANCE

If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.

11 WAIVER

If you breach these Conditions of Use and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Conditions of Use.

12 GOVERNING LAW

These Terms and Conditions shall be governed by and construed in accordance with the law of Namibia and you hereby submit to the exclusive jurisdiction of the Namibia courts.

BEATS TERMS AND CONDITIONS

1. NON-EXCLUSIVE RIGHTS – Also known as non-exclusive rights, purchasing a lease grants the customer limited artistic & legislative rights to the corresponding beat(s) for one single profitable/commercial use of the track already synchronized (with vocal audios) on any medium (e.g. album, EP or mixtape) with a circulation of up to 2000 sales unites. If this point of sale is reached & further sales are desired, also further rights with a new sales cap need to be obtained (if the beat has not yet been sold with exclusive rights & is still available). If the beat is no more available for leasing, no more sales can be made after the sales cap is reached.

A lease comes as a mixed tag-free MP3-file, WAV-file & a contract/invoice, stating the rights of use. A beat can be leased to more than one person at the same time until exclusive rights are sold to the beat. Once a beat has been sold with exclusive rights, it will no longer be available for any kind of leasing. Previous leasing rights that have been sold before are not affected & stay valid until the sales cap has been reached.

Leasing a beat does not make the customer the sole owner of the beat. The licensee is not allowed to get profitable radio-, video or television-airplay or to perform the song on commercial/profitable shows with a leasing license. For this purpose, the licensee must own exclusive rights to the beat. The licensor expressly forbids re-sale or any other distribution of the producer’s compositions, either as they exist or any modification thereof. You (the customer) cannot sell, loan, rent, lease, assign, remix, rearrange, remove any melodies, instruments, drum programming or transfer all or any of the products sold or the corresponding rights to another person (example – Record Label, another production company, another producer, another artist), or for use in any competitive product. The licensee understands that the licensor maintains 100% copyright & ownership of the original instrumental composition. The licensee cannot use any beat compositions as a background element in TV, Film & DVD / computer game projects without obtaining written consent & a separate license agreement. The licensee must include on all productions & products the producer’s name.

Licensee agrees to display the producer’s name in all physical media or within web presentation of a portion (e.g. pre-listening) or sum of the original instrumental composition that is being licensed in this agreement. Including but not limited to CD’s, CD covers, Cassette tapes, LP’s, Cards, Youtube titles, Soundcloud, etc.

(Example credits: ‘Beat prod. by Ben Kandukira’ or ‘Music produced by Ben Kandukira’ … Music © 2019 All rights reserved. Used under license. Any displayed or downloadable MP3 files must include ‘produced by Ben Kandukira’ within the file name. Furthermore, NON-EXCLUSIVE RIGHTS are subject to registrations in points (6) – (9).

2. EXCLUSIVE RIGHTS – The purchase of exclusive rights grants the customer full artistic & commercial rights to the purchased beat. There is no sales cap related to exclusive rights. An exclusive rights purchase comes as a mixed tag-free WAV-file, the corresponding separate track-lines & contract/invoice stating the rights of use.

Once a beat has been sold with exclusive rights, it will no longer be available for any kind of leasing/sale. Previous leasing rights being sold before the beat has been sold exclusively are not affected hereby & stay valid until the sales cap has been reached. It is, therefore, possible that a beat has been leased several times before exclusive rights are sold. The beat will be marked as ‘sold’ & any possible download & licensing option will be removed. Upon request, a sold beat will be removed from any website & marketing space where it has been offered by the licensor.

The licensor expressly forbids resale or other distribution of the producer’s composition, either as they exist or any modifications thereof. You (the customer) cannot sell, loan, rent, lease, assign, remix, re-arrange, remove any melodies, instruments, drum programming or transfer all or any of the products sold or their rights to another person (example – Record Label, another production company, another producer, another artist), or for use in any competitive product. The licensee understands that the licensor maintains 100% copyright & ownership of the original instrumental composition. The licensee cannot use beat compositions as a background element in TV, Film & DVD / computer game projects without obtaining written consent & or another license agreement. The licensee must include on all productions the producer’s name. Licensee agrees to display the producer’s name in all physical media or within web presentation a portion or sum of the original instrumental composition that is being licensed in this agreement. Including but not limited to CD’s, CD covers, Cassette tapes, LP’s, Cards, etc.

Furthermore, EXCLUSIVE RIGHTS are subject to registrations in point (3) – (6).

3. CREDIT AGREEMENT – Credits should be given to ‘Ben Kandukira/Big Ben Music’. By making a purchase of any kind, the customer declares that he will give credit to the producer where possible in a written form (cd cover/booklet, youtube videos, social network pages such as twitter or facebook, etc.). Proper credit is given as follows: (Example credits: ‘Beat prod. by Ben Kandukira/Big Ben Music’ or ‘Music produced by Ben Kandukira/Big Ben Music’ © 2019 All rights reserved. Used under license. Any displayed or downloadable MP3 files must include ‘produced by Ben Kandukira/Big Ben Music’ within the file name.

4. PAYMENTS – Ben Kandukira/Big Ben Music accepts payment via the specified payment gateway specified at Checkout at okinikini.com. All payments are to be paid or are paid upfront before delivery of the product. E.g. this means at the same time that services or products by Ben Kandukira/Big Ben Music will only be delivered after receiving the payment(s). Payments that are still pending & not being credited yet need to be credited first before delivery!

5. DELIVERY – All products are delivered instantly via e-mail or via a download link by a file-sending service such as dropbox.com/wetransfer.com. Exclusive beats of the private catalog are delivered instantly after payment is received and verified.

6. GENERAL TERMS & CONDITIONS – By making a payment the customer declares that he is fully aware of the terms & conditions & accepts & agrees to them.

All terms & conditions are listed on the webpage www.okinikini.com.

In case of a change in any of the listed points or should one point become invalid, all other points stay unaffected & are still valid. The rights that are given to a customer are not transferable. No matter if exclusive rights are sold to a beat, Ben Kandukira/Big Ben Music will always be allowed to use that beat for its own promotional uses.

Therefore all beats sold exclusively stay on the webpage. Download & license options to that beat will be removed & the beat will be marked as ‘sold’. Customers may edit/alter the length of a beat as they see fit, as long as they own a license to the beat & do not change the sound-structure of the beat itself. No changes to a beat are allowed, except length changes. Therefore it is also not allowed to use any parts, melodies, instruments, sounds, drum arrangements, etc. of the original instrumental composition for other compositions.

After the delivery of the beat, Ben Kandukira/Big Ben Music will be unbound of any further responsibilities to the customer & legally freed of any further duties. Any Beat by Ben Kandukira/Big Ben Music may NOT be uploaded on any website without his permission. Ben Kandukira/Big Ben Music is not responsible for other sites claiming to sell his beats. Anybody abusing or disrespecting the listed terms & conditions will likely face a lawsuit.

OUR CONTACT DETAILS

Our Office Address:
76B
Brakwater
Windhoek
9000
Namibia
0811471375