TERMS OF USE

Welcome to the Mink Promotions Website. By using the Mink Promotions Website these Terms of Use apply to you and you agree to comply with the terms of Use. Please read these Terms of Use before using the Mink Promotions Website. IMPORTAN INFORMATION: The terms of use set out below apply to the Mink Promotions Website – unless such other website specifically provides otherwise. By using Mink Promotions Website these Terms of Use apply to you and you agree to comply with the terms of Use. Please check the website regularly for changes to the Terms of Use. The Terms of Use may change from time to time and the terms displayed at the time that you use the website will govern your use of the website. Please address any comments or inaccuracies contained in the website to Mink Promotions at info@minkpromotions.co.za.

1. NATURE OF WEBSITE

Information contained on the website is intended to serve as general information on the chosen subjects and not as an exhaustive treatment of those subjects. Calculations/specifications which may be displayed on the website are intended for the convenience of clients, may be approximations, and are intended only as guidelines. Should you wish to rely on any calculation you are advised to check the calculations before using them as Mink Promotions will not be liable for any inaccuracy in the calculation. Subscribing to any service or buying any product through the website is subject to Mink Promotions’ contractual terms and conditions. Links to third party websites are provided for convenience only, and may be discontinued at any time. The fact that Mink Promotions provides a link to a third party website does not necessarily mean that Mink Promotions endorses, authorises, or sponsors that website, or that Mink Promotions is affiliated to such website's owners or sponsors. If any third party website, which is not under the direct control of Mink Promotions, can be accessed from a link displayed on the Mink Promotions Website, Mink Promotions shall not be responsible or liable for any content displayed on the third-party website. The content or information displayed on the Mink Promotions Website or any third party website which may be accessed through links provided on the Mink Promotions Website is not intended as advice but merely as information. Before making any decision or taking any action based on any information displayed on the Mink Promotions Website or any such third party website that may affect your personal finances or business, it is recommended that you first obtain appropriate professional advice.

2. INVITATION TO DO BUSINESS

Unless indicated in writing by the Mink Promotions, nothing on the Mink Promotions Website shall constitute an offer for sale of any service or product. If you wish to use the information displayed on the Mink Promotions Website to purchase any service or product from Mink Promotions, your request to do so shall be regarded by Mink Promotions as an offer to do business with Mink Promotions, which may be accepted by Mink Promotions if it chooses. The acceptance of your offer will be subject to terms and conditions governing the service, product, or advice at the time of the acceptance of the offer. The responsibility for ensuring compliance with any laws or regulations which may apply to you, remain exclusively yours and in making an offer you are deemed to have indemnified Mink Promotions (held Mink Promotions harmless and agree to reimburse Mink Promotions) against any loss or damage that it may suffer arising from your breaking any laws applicable to you.

3. NO WARRANTIES

While Mink Promotions will take care to provide accurate information on the Mink Promotions Website, the information displayed on the Mink Promotions Website is provided without any express or implied warranty (guarantee that the information is correct) of any kind whatsoever. In particular, Mink Promotions does not warrant that it is appropriate or suitable for any particular purpose, that it is complete or accurate, or that it or any hardware on which it is stored is virus-free.

4. RESTRICTED USE

Unless otherwise indicated in writing, all information, products, and services displayed on or accessed through the Mink Promotions Website are for your personal and non-commercial use only. You may not:
REPRODUCE, modify, or create derivative works from; publish, distribute, transmit, or display; or license or transfer any of the content displayed on the website - unless you have Mink Promotions' prior written authorisation;
DECOMPILE, reverse engineer, or disassemble the website, a linked website, or any software employed in the display or operation of the Mink Promotions Website;
POST ON OR TRANSMIT to the website content of an unlawful nature, for example: (a) content that is threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane; or (b) content that could damage Mink Promotions' image or impair its ability to do business;
Use the Mink Promotions Website in a manner that could damage, disable, overburden, or impair any Mink Promotions server (computer), or network connected to any Mink Promotions server, or interfere with any other party's use of the Mink Promotions Website;
INTERFERE with any content displayed on the Mink Promotions Website or attempt or gain unauthorised access (without the Mink Promotions’ written consent) to the information displayed the Mink Promotions Website to which you may not be authorised, or to any secure area on the Mink Promotions Website, a Mink Promotions server or any other part of the Mink Promotions information system. Any attempt, whether successful or unsuccessful, to interfere with the information displayed on the Mink Promotions Website or to gain access to information or any part of the Mink Promotions information system to which you are not authorized, is unlawful and is an offence in terms of the provisions of Section 86 of the Electronic Communications and Transactions Act No. 25 of 2002, for which you may be prosecuted and, if found guilty, punished.
CREATE A LINK from another website to the Mink Promotions Website, or any of the web pages which constitute the Mink Promotions Website, without Mink Promotions' prior written consent;
FRAME the website or any of its pages without Mink Promotions' prior written consent.

5. ELECTRONIC TRANSACTIONS

5. Electronic transactions, communications, and records. When you communicate with Mink Promotions by electronic communication provided or as may be directed on the Mink Promotions Website, you consent to receiving responses to your communications by electronic communication addressed to you by Mink Promotions. You thereby agree that all electronic agreements, notices, disclosures, and other communications sent by Mink Promotions satisfy any legal requirement that such communications should be in writing. You accept the risks inherent in electronic communication in whatever form. You consent to Mink Promotions acting on the information communicated to Mink Promotions electronically. You are responsible to ensure that Mink Promotions has received the information communicated electronically. You acknowledge and consent that Mink Promotions, in its discretion, may retain and store your electronic communications as may be lawfully required. You agree that the electronic records stored by Mink Promotions will constitute rebuttable) proof (it may be challenged) of the content of the records. Any email communication sent to you will be regarded for the purposes of this agreement to have been received by you when it enters an information system outside of the control of Mink Promotions.

6. MOBILE ACTIONS AND USE

You may access the Mink Promotions Website using a mobile device (including a mobile telephone). The Terms of Use apply with equal force and effect regardless of the manner of your access and browsing of the Mink Promotions Website. The Mink Promotions Website is designed and configured for use by Internet browsers which are typically used on computers and not mobile devices. Mink Promotions Website is not responsible for the wireless services used by mobile devices, and disclaims any responsibility for the lack of functionality or capability or reliability of any mobile device or software used to access the Mink Promotions Website. While the use of the Mink Promotions Website is free of charge, you will be responsible for any fees which may be charged by your service provider which may be associated with your browsing of the Mink Promotions Website. Mink Promotions is also not responsible for the communication of any person or confidential information between you and the Mink Promotions Website or any electronic communications mechanisms facilitated by the Mink Promotions Website and disclaims any liability for deficiencies in privacy or security of any communications made or received between the mobile device and the Mink Promotions Website. The functionality and use of your mobile device is outside of the control of Mink Promotions and it will not be responsible for interference with the integrity, transmission, delays, limitation of network coverage, outages or interruption in the services supplied supporting the mobile device.

7. ELECTRONIC PAYMENTS TO MINK PROMOTIONS

If any electronic payments are to be made by you to Mink Promotions, you will be responsible to ensure that these payments are made into the correct account of Mink Promotions.

8. PRIVACY POLICY

Your privacy is important to Mink Promotions. Personal information transmitted to Mink Promotions will be treated in accordance with Mink Promotions' Privacy Policy.

9. NO LIABILITY

Mink Promotions will not be responsible for any loss incurred or damages suffered (whether direct, indirect, special, or consequential) to you or any third party that may be attributable, directly or indirectly, to the use of, or reliance upon, any content displayed on the Mink Promotions Website by you. Mink Promotions will not be responsible for any interruption, delayed or failed transmission, loss of programs or other data, or the storage or delivery of information resulting from whatever cause.

10. WARRANTIES PROVIDED BY YOU

For all purposes, and in particular for purposes of 6 above, you warrant (confirm) – Your identity (that is, you are who you say you are), and that you can prove your identity should Mink Promotions require you to do so; That all information you provide at any time to Mink Promotions using the Mink Promotions Website, in writing, will in all respects be current, complete, and accurate; That you will provide to Mink Promotions all material and relevant facts required by Mink Promotions as may be appropriate to any dealings you have with Mink Promotions. If you do not provide the information, or provide information that is incorrect, Mink Promotions may, at its choice, cancel the agreement or transaction arising from your dealings with Mink Promotions.

11. INTELLECTUAL PROPERTY RIGHTS

The Mink Promotions Website and all its content (including software, text, graphics, icons, hyperlinks, private information, and designs) are owned by Mink Promotions. As the intellectual property rights in the content referred to immediately above are protected against infringement by local and international legislation and treaties, it may not be used in any way without the Mink Promotions' prior written consent.

12. BREACH

Mink Promotions reserves the right to - Refuse you further access to the Mink Promotions Website if (a) you breach any of the terms of use applicable from time to time; (b) Mink Promotions is unable to verify or authenticate any information you provide to it; or (c) Mink Promotions believes that you are conducting activities that are illegal, abusive, threaten the integrity of the Mink Promotions Website, or may place Mink Promotions in disrepute; Refer any breach to the police if such breach constitutes a crime; Claim damages for all loss and damage it suffers, and expenses it incurs, as a result of your breach.

13. INDEMNITY

You agree to indemnify and hold harmless Mink Promotions and its members, officers, employees, agents, suppliers, and any third party information providers from and against all losses and expenses (including attorney-and own client costs), resulting from any failure to adhere to these terms of use by you.

14. JURISDICTION AND APPILCABLE LAW

Your use of the Mink Promotions Website will for all purposes relating to its use, constitute your consent and submission to the jurisdiction of the High Court of South Africa (Cape of Good Hope Provincial Division). Any claim arising from – The use or inability to use the Mink Promotions Website; An application for, and the rendering of a service or providing of a product, is subject to the laws of the Republic of South Africa - in respect of both the basis of the claim [contract, delict (tort), or any other], and the law relating to procedure and evidence.All proceedings will be held in English and the unsuccessful party will be liable to pay all costs incurred by the successful party, including costs as between attorney and own client.