Terms and Conditions | Privacy Policy | Disclaimer
CODE OF CONDUCT
* Online Brand Ambassadors subscribe to the {
ISPA Code of Conduct }
E-MAIL
The content of e-mails sent by Online Brand Ambassadors is never intended for public access - it may contain confidential information that is intended for the addressee only. If you are not the intended recipient of an e-mail sent by Online Brand AMbassadors, do not forward or disseminate this e-mail. Please notify Online Brand Ambassadors by reply e-mail and delete the e-mail from your computer. We apologise for any inconvenience, and guarantee to rectify the mistake with immediate effect. Email transmission cannot be guaranteed to be secure or error free, and Online Brand Ambassadors do not accept liability for any errors or omissions in the content of its e-mails, or for content that was intended for private use and is published to the public without our express consent. Online Brand Ambassadors has taken reasonable precautions to ensure no viruses are present in our e-mails and therefore accept no responsibility for any loss or damage arising from the use of our e-mails or attachments.
PRIVACY
While we do not share the information we collect on our websites with third parties, we do process the information we collect on our websites (contact details, traffic analysis reports) for in-house purposes: (1) to improve the content of our web pages (2) to market Online Brand Ambassadors brands and products (3) to fine-tune our websites (4) to monitor user behaviour (5) to customize the content and/or layout of our page for each individual visitor (6) to notify consumers about updates to our web site.
If you, at any time, wish to remove all or part of your contact information from our websites or mailing lists, kindly e-mail us your detailed request.
PAYMENTS
[ 01 ] INVOICES payable to Online Brand Ambassadors must be settled immediately. We do not have a 30, 60 or 90 day credit policy, unless explicitely granted to specific clients, for specific projects.
[ 02 ] NEW WEBSITES (DEPOSIT) Work on your new website starts only after receipt of 50% deposit of the estimated final amount. We do not start working on your new website if (and for as long as) we have not received the 50% deposit.
[ 03 ] NEW WEBSITES (FINAL) We develop your website on our own server and URL and will activate your website on your URL only after receipt of the final amount. We will not activate your new website onto your URL, if (and for as long as) we have not received the final amount.
[ 04 ] WEBSITE EDITS We add edits to your website in real time, and hence, expect swift settlement of the invoice. If the invoice has not been settled within 7 days, we will take the edited part of your website offline for as long as payment is delayed.
[ 05 ] AGREEMENTS you sign with Online Brand Ambassadors define your final consent and instructions with regard to the services or products you requested from Online Brand Ambassadors. Additions or alterations to your instructions will be added at our hourly rate to the Agreement. All our quotations are subject to changes of client's instructions, and valid for 1 month after the quotation date.
[ 06 ] CONTENT You are responsible for the content on your website. Online Brand Ambassadors will not be held liable for content that appears on your website - whether that content infringes copyright, trademarks or other intellectual property issues, or the content is illegal in any other way.
DISCLAIMER / TERMS OF USE
Website ownership and copyright
The Website is owned by Online Brand Ambassadors and managed by Online Brand Ambassadors cc as proprietor, designer, programmer and content provider. All materials distributed in the Website (the “Materials”) are either owned by Online Brand Ambassadors or licensed to Online Brand Ambassadors. Except for downloading one copy of the Materials for your personal, non-commercial home use, you must not reproduce, prepare derivative works based upon, distribute, perform or display the Materials without first obtaining the written permission of Online Brand Ambassadors. Materials must not be used in any unauthorized manner. Text, photographs and or graphic material, including the Winelands Web brand and logo (collectively, the “Materials”) shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium. Neither these Materials nor any portion thereof may be stored in a computer except for personal and non-commercial use.
User interaction
Participation: The Website offers opportunities for you to transmit messages, such as "Contact Us" or "Request a Quote" (“Message Features”). You must use Message Features in a responsible manner, and are solely responsible for any content you transmit. You must not transmit any message (“Message”) in connection with any Message Feature that: (i) imposes an unreasonable or disproportionately large load on the Website’s infrastructure, or otherwise adversely affects, restricts or inhibits any other user from using and enjoying the Website; (ii) is threatening, abusive, libellous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent; (iii) constitutes or encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any local, state, national or international law; (iv) violates, plagiarizes or infringes the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right; (v) contains a virus or other harmful component; (vi) constitutes or contains false or misleading indications of origin or statements of fact; (vii) contains material irrelevant to the subject matter of the Message Feature; or (viii) contains any virus, Trojan horse, worm, time bomb, cancelbot or other similar harmful or deleterious programming routine. In order to participate in any Message Feature, you will be asked to provide certain personal information such as, for example, your name and email address. (The
Website’s Privacy Statement explains how such information may be collected and used.)
Disclaimer of warranties
1. Use of the website and the services, are at your exclusive risk, and the risk of injury from the foregoing rests exclusively with you.
2. Except for any warranties that may be expressly provided by the applicable vendor, the website, including, but not limited to all services are provided "as is" and without warranties of any kind, either express or implied, including, but not limited to any warranties of title or warranties of merchantability or fitness for a particular purpose.
3. Online Brand Ambassadors do not warrant that: (1) the website or the services will be uninterrupted or error free; (2) defects or errors in the website or services will be corrected; (3) the website or the services will be free from viruses or other harmful components; or (4) any information contained in the website, or the services will be accurate or reliable.
Limitations on liability
1. Notwithstanding any term in this agreement, or other operating term set forth by Online Brand Ambassadors, you are exclusively liable for the content of every message you transmit via the website.
2. In no event may Online Brand Ambassadors be liable for any direct, indirect, incidental, special or consequential damages arising out of or relating to use of or inability to use the website. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Online Brand Ambassadors have been advised of the possibility of such damages. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, the liability of Online Brand Ambassadors in such jurisdictions shall be limited to the extent permitted by law.
Indemnification You hereby agree to indemnify and hold Online Brand Ambassadors - and their respective shareholders, members, directors, officers, employees, agents and representatives - harmless from all claims, liabilities, damages and expenses (including attorneys’ fees and expenses) arising out of or relating to: (A) your use of the website or (B) any alleged breach of this Agreement by you.
Termination
This Agreement may be immediately terminated at any time by Online Brand Ambassadors in their sole discretion. In addition and without prejudice to any other remedy available to Online Brand Ambassadors, and they may immediately terminate this Agreement if you breach any term of this Agreement or other operating term set forth by Online Brand Ambassadors.
Choice of law and jurisdiction
Any controversy that may arise from this agreement will be governed by the Law of the Republic of South Africa and Court of jurisdiction will be the Court of Wellington, South Africa - or the nearest authorised court, also for connection and guarantee.
Miscellaneous
This Agreement constitutes the entire agreement between the parties, and supersedes all prior agreement and communications with respect to the subject matter herein. Sections 5, 6, 7, 9, 10 and 11 of this Agreement will survive any termination or cancellation of this Agreement. The section headings in this Agreement are for convenience only and must not be given any legal importance.
Acceptance of terms of use
By using the website, you signify your agreement to the terms of this Agreement. If you do not agree to the terms in this Agreement, you must not use the Website. Online Brand Ambassadors may change the terms of this Agreement at any time, and your use of the website after such changes are posted will mean that you accept them.
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