Terms & Conditions For Use Of The Website
These Terms and Conditions set out the terms of the agreement between you and us (“the Agreement”) under which we will provide you with access to the information and services we offer from time to time via the website located at www.marshmellowonline.co.za (“the Website”). It is, therefore, very much in your interests to read them carefully.
If there is anything in this Agreement that you do not understand then please contact us as soon as possible by calling the number listed under the Contact Details section below (the “Customer Number”).
Unless otherwise stated, the Site is provided to you by Marshmellow Online (Pty) Ltd, a company registered in the Republic of South Africa (Reg No: 2019/214719/07) having its registered office at the address stated in the Contact Details section below. References to “we”, “our” and “us” are references to Marshmellow Online.
1. USE OF THE WEBSITE
1.1 You agree to use the Site for lawful purposes only. Without derogating from the generality of the aforegoing, if you should choose to access or use this Site from locations other than the Republic of South Africa, you do so at your own initiative and you are responsible for compliance with applicable local laws.
1.2 You are prohibited from posting or transmitting, by means of reviews, comments, suggestions, ideas, questions or other information through the Site, any content which is, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually-explicit, profane or hateful, or racially, ethnically or otherwise objectionable content of any kind, which includes but is not limited to:
1.2.1 any content that encourages conduct that would constitute a criminal offence or give rise to civil liability, or otherwise violate any applicable local, provincial, national, or international law; or
1.2.2 any content that constitutes an invasion of privacy; or
1.2.3 any content that is an infringement of any intellectual property right; or
1.2.4 any content that contains software viruses; or
1.2.5 any content that constitutes a political statement, commercial solicitation, or “Spam”.
1.3 Although Marshmellow Online does not purport to review (nor is it under any obligation to review) any submitted content, it reserves the right to remove any content from the Site where it deems such content, in its sole and absolute discretion, to be an infringement of Clause 3 or harmful in anyway whatsoever. Should you place on or submit to the Site any such harmful content or should you breach any clause in these Terms and Conditions, Marshmellow Online may immediately terminate and/or suspend your access to all or parts of the Site, without any further notice to you.
1.4 You warrant that:
1.4.1 you own or otherwise control all rights to any and all content that you may submit to the Site;
1.4.2 any use of such content will not cause injury or harm to any person or entity; and
1.4.3 you will indemnify Marshmellow Online and/or its affiliates, directors, officers and employees, for any and all claims of whatever nature resulting from the submitted content.
1.5 By submitting reviews, comments and/or any other content (other than your personal details) to Marshmellow Online for posting on the Site, you automatically grant Marshmellow Online and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable right and license to use, reproduce, publish, translate, sub-license, copy and distribute such content in whole or in part worldwide, and to incorporate it in other works in any form, media, or technology now known or hereinafter developed for the full term of any copyright that may exist in such content. Subject to this license, you retain any and all rights that may exist in such content.
1.6 The following activities on or through the Site are expressly prohibited:
1.6.1 Any non-personal or commercial use of any robot, spider, other automatic device or technology, or manual process to monitor or copy portions of the Site or the content contained thereon, without the prior written authority of Marshmellow Online; and
1.6.2 The collection or use of any listings, descriptions, and/or price lists from the Site for the benefit of a competing merchant that supplies products comparable to those offered on the Site; and
1.6.3 Any use or action that imposes an unreasonable or disproportionately-large load of traffic on the Site, or otherwise interferes with the proper and timely functioning of the Site.
2. OUR LIABILITY TO YOU
2.1 We shall not be liable to you in contract, delict (including for negligence) or otherwise:
2.1.1 for any amount in respect of any damage or loss arising from the consequences of viruses received by you via the Marshmellow Online service or of our failure to provide the Marshmellow Online service in accordance with this Agreement in excess of the amount that has been received by Marshmellow Online from you as payment for the service provided by Marshmellow Online, as at the date of claim; or
2.1.2 for any economic losses, any indirect, special or consequential loss, loss of data, goodwill or reputation or any wasted expenditure including but not limited to losses caused by viruses.
2.1.3 for any failure to perform our obligations or failure to perform our obligations properly as a result of our being prevented from doing so by an event beyond our reasonable control (which may include, without limitation, strikes; labour disputes; acts of God; war; riot; civil action; malicious acts or damage; compliance with any law, governmental or regulatory order, rule, regulation or direction; any act or omission of any government or other competent authority; accident; equipment or services failure, including the unavailability of third party telecommunications services, lines or other equipment; fire; flood or storm).
2.2 Each provision of this clause 6 operates separately. If any part is held by a court to be invalid, unreasonable or inapplicable then the other parts shall be severable and shall still apply in their entirety.
3. LIMITATION OF LIABILITY
3.1 You should note that various elements of the Marshmellow Online service are not provided by us but instead by other companies. We are therefore unable to guarantee that such products and services or any websites accessible via the Marshmellow Online service are virus- or error-free.
3.2 We, or merchants and content providers found via the Marshmellow Online service, may provide links to other websites or resources. We are unable to accept, and do not accept, responsibility for these websites or resources; nor have we endorsed their content, products or services merely because they are accessible via the Marshmellow Online service.
3.3 While we make all reasonable efforts to ensure that all information provided by us in connection with the Marshmellow Online service is accurate at the time of its inclusion on the Site, you acknowledge and understand that there may be errors, inaccuracies or omissions in respect of which we exclude all liability. We make no representations, guarantees or warranties of any nature whatsoever concerning the information included on our web pages (including, but not limited to, links to third parties’ web pages). You shall be solely responsible for any decisions or actions you take based on the information contained on such web pages.
3.4 Information provided by Marshmellow Online does not constitute legal or professional advice and should not be relied upon as such without taking independent advice.
3.5 While we take all reasonable steps to safeguard the security of any information you input or send to us in connection with the Marshmellow Online service, by using secure services and encryption technology where we deem appropriate, we accept no responsibility or liability whatsoever for any damages that you may suffer as a result of the breach of confidentiality of such information.
4. INTELLECTUAL PROPERTY
4.1 All content included on this web site, such as text, graphics, logos, buttons, icons, images, photographs, audio clips, databases and software (“the Content”), is the property of Marshmellow Online or its content suppliers and protected by South African and international copyright laws. Furthermore, the compilation (meaning the collection, arrangement, and assembly) of all content on this web site is the exclusive property of Marshmellow Online and is protected by South Africa and international copyright laws.
4.2 Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, except as permitted by the fair use privilege under the South African copyright laws or without the prior written permission of Marshmellow Online or the copyright owner.
4.3 You may not “mirror” any content contained on the Site on any other server unless with the prior written permission of Marshmellow Online.
4.4 You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of the Site, provided that the link does not portray Marshmellow Online, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any Marshmellow Online logo or any other proprietary graphic or trademark whatsoever as part of the link without the express written permission of Marshmellow Online, its affiliates and/or content suppliers.
4.5 All trademarks are and shall remain the exclusive property of Marshmellow Online.
4.6 The unauthorised submission, removal, modification or distribution of copyrighted or other proprietary Content is illegal and could subject you to criminal prosecution as well as to personal liability for damages.
5. SUPPLY OF SERVICES IN TERMS OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT 25 OF 2002 (“The Act”)
5.1 Insofar as this Agreement falls within the ambit of the Act, the following information is made available to you in respect of the supply of goods and/or services offered for sale, hire or exchange by way of an electronic transaction:
5.1.1 The main business of Marshmellow Online is as set out in clause 5.1.3 below.
5.1.2 All our contact details are set out in clause 10 below.
5.1.3 Goods and/or Services: The service provided through the website is a service whereby you order our products online from this website. Our products include, inter alia, Clothing, Shoes and accessories, beauty products, and other items which may be added to the shop as time progresses.
5.1.4 Payment: Payment for our goods and services are done via EFT, Credit Card, Payfast, Sage Pay only. All of your personal banking details will be required to be entered on the site, which will be kept secured via the required security certificates, ensuring that your personal information it kept private and secure.
5.1.5 Complaints and Disputes: We invite you to file complaints with us via the “Contact Us” service of the website www.marshmellowonline.co.za or you can contact us by way of the contact details set out in clause 9 below. We do not currently subscribe to any alternative dispute resolution code or mechanism.
5.1.6 Policies: Our policies are set out in this Agreement below.
Your use of our services signifies your consent to us collecting and using personal information about you as specified below, in accordance with this Policy.
6.2 What is personal information
When we refer to personal information in this Policy, we mean information that can identify you as an individual or is capable so identifying you. By personal information, we don’t mean general, statistical, aggregated or anonymised information.
6.3 How we collect information about you
6.3.1 You may provide personal information to us when communicating with us.
6.3.2 You may provide your name, e-mail address and delivery address. You may be asked for your telephone number.
6.3.3 When you call us, we may monitor or record your calls and store details of the phone number(s) you use to make the calls. This information is used to better address your customer service needs.
6.4 How we use your information
6.4.1 We may use your information to confirm that your payments have been received; to validate you as a customer when using our services and calling our Customer Number; to prevent and detect criminal activity, fraud and misuse of or damage to our services or networks; to prosecute those responsible and to contact you to invite you to form part of our consumer panel or various research groups.
6.4.2 We may also use your personal information and process such information for the purposes of management, research, analysis, corporate reporting, credit-scoring and improving business efficiencies.
6.4.3 We may use personal information collected about you to contact you by post, telephone and electronic mail (that is email, picture, video, and SMS) about functionality changes to our website, services or changes to our terms and conditions of use and to communicate with you about your customer benefits and advise you regarding the use of our services.
6.4.4 We may use the information collected about you to contact you by post or phone about new customer offers and services. We may also contact you by electronic mail for these purposes, subject to any preferences selected by you.
6.5 Other information we may collect
6.5.1 We may collect network or traffic data related to your use and access to our services. Such data would include, but not be limited to, time spent using our services. We may also use some of this information for research, segmentation of our customer base, marketing our services and to understand and keep you informed about what is the best use of our services.
6.5.2 We also collect information from visitors to our websites and registered customers to help us improve the websites and services that we make available. The type of information collected includes how many visitors visit our websites, when they visited, for how long and which areas of our services. This information allows us to continuously improve our services and develop them according to the taste of our customers and visitors. The information we collect from visitors to our websites who are not registered users is anonymous and does not include personal information that allows us to identify you as an individual. However, if you are a Marshmellow Online customer, the information collected from our websites is not anonymous and Marhmellow Online may use this information along with your preferences to tailor content, services and offers for you.
6.6 How long do we keep your information for?
The time periods for which we keep your information may vary according to the use or purpose attached to the information. Unless there is a specific legal requirement requiring us to keep your information, however, we will not keep it for longer than necessary for the purpose for which the information was collected or for which it is to be processed.
6.7 Disclosing your information to third parties
6.7.1 We will not disclose personal information collected about you without your express consent thereto or through due legal process.
7. CHANGES, SUSPENSION, AND TERMINATION
7.1 We may alter and/or amend the Marshmellow Online service at any time without giving notice to you.
7.2 We may suspend or terminate the Marshmellow Online service at any time without giving notice to you.
7.3 Marshmellow Online may terminate your account at any time for any reason, including any improper use of this site or your failure to comply with this Agreement.
7.4 Such termination shall not affect any right to relief to which Marshmellow Online may be entitled.
7.5 Upon termination of this Agreement, all rights granted to you will terminate and revert to Marshmellow Online.
7.6 Marshmellow Online may at any time modify the Terms and Conditions making up this Agreement and your continued use of this site will be conditioned upon the Terms and Conditions as amended and in force at the time of your use.
7.7 We accordingly advise you to read and take note of these Terms and Conditions each and every time you visit the site, as these may have been modified since your last visit.
8. GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by the laws of the Republic of South Africa, and you consent to the jurisdiction of the Witwatersrand High Court in the event of any dispute arising from this Agreement. If any of the provisions of this Agreement are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of this Agreement, and the remainder of the Agreement shall continue in full force and effect. This Agreement constitutes the entire agreement between you and us with regard to the use of the Site.
9. CONTACT DETAILS
In the event that you need to contact us for purposes related to this Agreement, please make use of the following contact details:
Telephone 083 315 4293
Postal Address: 3 David Street, Floracliffe, Roodepoort, 1709.