MARKETING SPIRIT WEBSITE TERMS & CONDITIONS 

NOTICE

THESE TERMS AND CONDITIONS ARE IMPORTANT AND SHOULD BE READ CAREFULLY BECAUSE THEY CONTAIN PROVISIONS WHICH, MAY:

(a)        LIMIT THE LIABILITY OF MARKETING SPIRIT PROPRIETARY LIMITED, REGISTRATION NUMBER 2004/034264/07 (“US”, “MARKETING SPIRIT”);

(b)       CREATE RISK OR LIABILITY FOR YOU;

(c)        MAY COMPEL YOU TO INDEMNIFY MARKETING SPIRIT; AND/OR

(d)       SERVE AS AN ACKNOWLEDGEMENT BY YOU OF ANY FACT.

THESE PROVISIONS ARE EXPRESSED IN A TEXT AND STYLE SIMILAR TO THIS NOTICE, FOR EMPHASIS.

2. INTRODUCTION

2.1. The website marketingspirit.co.za (“Website”) is made available by, and is proprietary to, Marketing Spirit Proprietary Limited (registration number) 2004/034264/07).

2.2. Marketing Spirit provides the following services:

2.2.1. integrated marketing and business development;

2.2.2. secondary manufacturing and FMCG/cosmetic production advisory services; and

2.2.3. event solutions,

and, through its website, Marketing Spirit enables the user of its website to order and engage Marketing Spirit to perform, a range of services falling within the above categories.

2.3. Use of the Website automatically binds you unconditionally, and with immediate effect, to these terms and conditions, which include any policies on this website, including the Privacy Policy (“Ts&Cs“).

2.4. By using the Website you warrant that you have read, understood and accept these Ts&Cs and you agree to and are bound by them unconditionally.

2.5. If, in using the Website, you are acting in:

2.5.1. your personal capacity or as a Competent Person for a person under the age of 18 (as contemplated in the Protection of Personal Information Act 4 of 2013), then you warrant that you are 18 years old or older and have the requisite capacity to agree to these Ts&Cs; and

2.5.2. your representative capacity, then you warrant that you are duly authorised to do so.

2.6. These Ts&Cs:

2.6.1. may be varied and will supersede and substitute any previous terms and conditions, and you will be informed of such variations and the date on which they will take effect, by email prior to such variations being effective unless a later date is provided for in the variation; and

2.6.2. apply to, and constitute the whole agreement between, us in relation to, the use of this Website, including any access or reference to, viewing, uploading or downloading of, any information or material made available on the Website, for any whatever purpose. Marketing Spirit and you waive the right to rely on any alleged express provision not contained in these Ts&Cs to the fullest extent permissible in law and neither of us are bound by any representation, warranty or promise not expressly recorded in these Ts&Cs.

2.7. If you do not understand any of the Ts&Cs, you must stop using the Website and ask us to explain it to you.

2.8. If you do not agree to any of the Ts&Cs, you must stop using the Website.

2.9. You agree that you will not interfere with, or attempt to interfere with the normal operation of the Website or use the Website for any unlawful purposes, including:

2.9.1. using a device or process to monitor, copy, distribute or modify the Website or the information contained in the Website, unless specifically authorised by us;

2.9.2. impersonating any other person or use a false or unauthorised name so as to create a false identity and/or e-mail address or to misrepresent the origin or identity of any communications;

2.9.3. collecting, harvesting or otherwise obtaining personal information relating to other users; or

2.9.4. displaying, publishing, copying, distributing, selling, leasing, or in any other way dealing with any portion of the Website or the information contained in the Website unless specifically authorised by us.

3. ORDERS, WEBSITE AVAILABILITY and DISCLAIMERS

3.1. You may be required to provide certain information, which may include personal information, in order to access certain information contained or referenced in this Website. We have taken reasonable steps to safeguard the privacy of personal information that may be provided by you when you use the Website. Please refer to the Privacy Policy which explains how we process and use your personal information.

3.2. MARKETING SPIRIT DOES NOT MAKE ANY REPRESENTATIONS OR GIVE ANY WARRANTIES, WHETHER EXPRESS OR IMPLIED, IN RESPECT OF THE WEBSITE AND/OR ANY INFORMATION, DATA, MATERIAL AND/OR CONTENT ON THE WEBSITE AND/OR ANY SERVICE DISPLAYED ON THE WEBSITE, INCLUDING WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES:

3.2.1. THAT THE WEBSITE WILL REMAIN UNMODIFIED AND WILL BE AVAILABLE OR ACCESSIBLE BY YOU CONTINUOUSLY, UNINTERRUPTED AND/OR IN A FULLY OPERATING CONDITION;

3.2.2. THAT THE CONTENT ON THE WEBSITE WILL BE FREE FROM ERRORS OR OMISSIONS AND THE MARKETING SPIRIT IS NOT LIABLE FOR ANY LOSS, CLAIM OR EXPENSE RELATING TO A TRANSACTION ARISING FROM ANY ERROR OR OMISSION ON OUR WEBSITE, OTHER THAN (I) WHERE SUCH LIABILITY ARISES FROM THE GROSS NEGLIGENCE OR WILFUL MISCONDUCT OF MARKETING SPIRIT, ITS EMPLOYEES, AGENTS OR AUTHORISED REPRESENTATIVES; OR (II) AS PROVIDED FOR IN  IN CLAUSE 8, BELOW;

3.2.3. THAT IT WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY. MARKETING SPIRIT EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPLETENESS, NON-INFRINGEMENT, COMPATIBILITY, SECURITY AND ACCURACY; AND

3.2.4. THAT ANY INFORMATION OR FILES AVAILABLE ON THIS WEBSITE IS FREE FROM VIRUSES, SPYWARE, MALWARE, TROJANS, TIME BOMBS, TIME-LOCKS OR OTHER HARMFUL MATERIAL, DATA OR CODE AND YOU ACCEPT ALL RISKS ASSOCIATED WITH THIS, EXCEPT WHERE SUCH RISK IS DUE TO THE GROSS NEGLIGENCE OR MISCONDUCT OF MARKETING SPIRIT, ITS EMPLOYEES, AGENTS OR AUTHORISED REPRESENTATIVES.

3.3. Once you have selected your payment method, you will be directed to a link to a secure site for payment.

4. INTELLECTUAL PROPERTY RIGHTS 

4.1.  For the purposes of this clause, the term “Intellectual Property Rights” means all intellectual property rights of whatever nature, including without limitation (i) all patents and other patent rights, including divisional and continuation patents, utility models; (ii) rights in and to inventions, whether patentable or not; (iii) rights in trade marks, service marks, logos, slogans, corporate, business and trade names, trade dress, brand names and other indicia of origin; (iv) rights in designs, topography rights, rights in circuit layouts and mask-works; (v) copyright, including all copyright in and to computer programs; (vi) rights in internet domain names, reservations for internet domain names, uniform resource locators and corresponding internet sites; (vii) rights in databases and data collections; (viii) know-how, show‑how, trade secrets and confidential information, in each case whether or not registered and including applications for the registration of any of these and the right to apply for the registration of any of these, all claims for past infringements, and all rights or forms of protection of a similar nature or having equivalent or similar effect to any of these which may subsist anywhere in the world.

4.2. All Intellectual Property Rights in and to the Website and all material and content contained in the Website, are/is proprietary to, or are licensed to, Marketing Spirit, and:

4.2.1. such Intellectual Property Rights are protected from infringement by local and international legislation and treaties; and

4.2.2. you have no right, title or interest in any such material and/or content and accordingly are not entitled to copy, reproduce, adapt, modify, disseminate, communicate or make available to the public such material and/or content, or do any of the aforementioned acts in relation to an adaptation or modification of such material/ content, unless such right or authorisation to undertake any such act(s) is expressly and specifically granted, in advance and in writing, by Marketing Spirit.

5. LIABILITY

TO THE FULLEST EXTENT PERMISSIBLE IN LAW, NEITHER MARKETING SPIRIT, ITS AFFILIATES, SHAREHOLDERS, DIRECTORS, AGENTS, CONSULTANTS OR EMPLOYEES SHALL BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, HOWSOEVER ARISING (WHETHER IN AN ACTION ARISING OUT OF CONTRACT, STATUTE, DELICT OR OTHERWISE) RELATED TO THE ACCESS TO AND/OR USE OF, OR THE INABILITY TO ACCESS OR USE, THE WEBSITE AND/OR ANY LINKED WEBSITE, THE CONTENT THEREOF, ANY FUNCTIONALITY THEREOF OR INFORMATION CONTAINED THEREIN.

6. COMPLAINTS AND FEEDBACK

If you have any complaints about any aspect of the Website or if you have any questions or would otherwise like to provide any other feedback, you can contact customer services via support@marketingspirit.co.za.

7. APPLICABLE LAW AND JURISDICTION

7.1. These Ts&Cs are governed, and shall be interpreted and implemented, by the laws of the Republic of South Africa.

7.2. in the event of a dispute between us, you consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa.

8. GENERAL

8.1. You are not entitled to cede, assign or otherwise transfer any of your rights or delegate any of your obligations under or arising from these Ts&Cs.

8.2. No extension of time, waiver, indulgence or relaxation of any of the provisions or terms of these Ts&Cs which either party may grant to the other shall operate as an estoppel against the grantor in respect of the grantor’s rights under these Ts&Cs, nor shall any such extension of time, waiver, indulgence or relaxation prejudice or constitute a waiver of the rights of the grantor who shall not thereby be precluded from exercising any rights against the other party strictly in accordance with this these Ts&Cs.