TERMS AND CONDITIONS
Welcome to mischu CC (“mischu”). By using the mischu website, you confirm that you have read the terms and conditions regarding the conduct of parties accessing or using the mischu website to trade and that you agree to be bound by these terms and conditions.
Please note that should you not agree to the terms and conditions stated below, you may not use the mischu website. The site is managed in the Republic of South Africa and promotes the sale of various product lines. Purchases made from the site are subject to the terms and conditions of this agreement. By shopping or browsing on this site, you acknowledge that you have read, understood and agreed to be bound by this Agreement, and the other policies displayed on this site.
The mischu website may not be reproduced, duplicated, copied, sold, or otherwise exploited for any commercial purpose without the prior written consent of mischu.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
By visiting the mischu website site on the Internet you agree that using this service is entirely at your own risk. The site and its contents are provided on an “as is” basis and mischu makes no representations or warranties of any kind.
The Information expressed and displayed on this site should not be regarded as the opinion of mischu. Potential clients are encouraged to consult professional advice before taking any course of action related to information displayed on this site. To the full extent permissible by South African law. mischu, its directors, employees, suppliers or service providers disclaims all representations including the accuracy of content or information, products or services.
mischu does not guarantee that the services provided by the site will be uninterrupted or error free, or that the website, its servers or e-mails sent from mischu are free from viruses.
mischu, their directors, members, employers, employees and suppliers shall not be liable for any loss, damage or expense which may be suffered.
By accepting the terms and conditions you indemnify mischu from any loss or damage suffered, including without limitation in respect of any claim or demand by any third party by reason of any act or omission on your part or that of any family member, agent or representative acting on your behalf in connection with transactions concluded.
mischu’s liability whether in contract or delict arising from any breach of any obligation in terms of this Agreement, negligence or otherwise shall not exceed at any time more than the monetary value of the items purchased with regards to any dispute.
APPLICABLE LAW
The mischu website and all communications and transactions concluded using the website, are governed by the laws of the Republic of South Africa.
INVITATION TO DO BUSINESS
The products which are displayed on the mischu website is seen as an invitation to do business with mischu. Transactions are only confirmed when mischu has accepted your transaction and the acceptance is communicated to you via email or telephone call.
The price of any products sold through mischu including shipping costs shall be relayed to you at the time of your order. By visiting the mischu website you agree that the terms and conditions will be applicable to all further transactions and website visits.
Cancelled orders and unwanted goods
You have 7 days the “day after” the day that the goods are received under the distance selling act from arrival of the goods to cancel your contract. The goods must be returned to us in the condition they were despatched, complete with all packaging and in a re-saleable state. The goods remain YOUR responsibility until they are received and signed for by us.
Cancellation/Return of unwanted orders/items incur a 15% handling fee to cover processing/handling fees.
If an unwanted product is returned for exchange for a different product the customer will be charged or refunded any price difference plus return postage.
Electronic communications
When a user visits mischu or sends e-mails to mischu, you are consenting to communicating with us electronically. mischu will communicate with you by e-mail.
User Information
When purchasing products, you are required to provide mischu with complete and accurate information about yourself and you agree that the information provided to mischu is correct. Purchasing from mischu is restricted to persons over the age of 18. Any person not permitted to register as a purchaser but who does so, shall be guilty of committing fraud.
Free and Non-Free Email Accounts
Please note that without a valid/non free email address/account, you will not be able to purchase products displayed on the mischu website with a credit card. mischu will only accept payments via EFT or Direct deposit if a free email address is provided.
OUR RIGHTS
We reserve the right to: 1. Modify or withdraw, temporarily or permanently, the Website (or any part of) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or 2. Change these Conditions from time to time and your continued use of the Website (or any part of) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions, then you must immediately stop using the Website. 3. We will use our reasonable endeavours to maintain the Website. The Website is subject to change from time to time. You will not be eligible for any compensation because you cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website due to circumstances beyond our control. Third Party Links
In an attempt to provide increased value to our Users, we may provide links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.
Security Policy
1.Virtual Card Services process all credit card transactions. All credit card transactions are 128 bit Secure Socket Layers (SSL) encrypted. The company registration documents and the site’s registered domain name are checked and verified by Thawte, ensuring the cardholder and merchant that nobody can impersonate VCS to obtain confidential information. 2.Virtual Card Services is committed to providing secure online services. All encryption complies with international standards. Encryption is used to protect the transmission of personal information when completing online transactions. Virtual Card Services Internet servers are protected by firewalls and intrusion detection systems. 3.The Merchant does not have access to credit details. 4.Virtual Card Services continually reviews and enhances its security in line with technological changes.
Monitoring
We have the right, but not the obligation, to monitor any activity and content associated with the Website. We may investigate any reported violation of these Conditions or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the Website).
Updating of these Terms and Conditions
We reserve the right to change, modify, add to or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to this Website. It is the User’s obligation to periodically check these Terms and Conditions at the Website for changes or updates. The User’s continued use of this Website following the posting of changes or updates will be considered notice of the User’s acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.
Consent
I understand that all the designs and trademarks are registered to mischu and hereby accept the terms and conditions. I undertake not to copy/duplicate the trademarks and designs directly or indirectly in anyway and understand the legal implications thereof. Should I be found to be in violation of this agreement I understand that I will be held liable for all legal costs incurred by mischu for any civil action or any legal action deemed necessary against me.
ACCEPTANCE OF TERMS
The services that mischu CC (“mischu”) provides to the user is subject to the following Terms of Use (“TOU”). mischu reserves the right to update the TOU at any time without notice to user. The most current version of the TOU can be reviewed by clicking on the “Terms and Conditions” hypertext link located at the bottom of our website (footer).
• This Agreement, which incorporates by reference other provisions applicable to use of the mischu website, including, but not limited to, supplemental terms and conditions set forth hereof (“Supplemental Terms”) governing the use of certain specific material contained in mischu website, sets forth the terms and conditions that apply to use of www.mischu.co.za (“mischu website”) by User. By using mischu (other than to read this Agreement for the first time), User agrees to comply with all of the terms and conditions hereof. The right to use mischu website is personal to User and is not transferable to any other person or entity. User is responsible for all use of User’s Account (under any screen name or password) and for ensuring that all use of User’s Account complies fully with the provisions of this Agreement. User shall be responsible for protecting the confidentiality of User’s password(s), if any.
• mischu shall have the right at any time to change or discontinue any aspect or feature of mischu website, including, but not limited to, content, hours of availability, and equipment needed for access or use.
Changed Terms
mischu shall have the right at any time to change or modify the terms and conditions applicable to User’s use of mischu website, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on mischu website, or by electronic or conventional mail, or by any other means by which User obtains notice thereof. Any use of mischu website by User after such notice shall be deemed to constitute acceptance by User of such changes, modifications or additions.
DESCRIPTION OF SERVICES
Through its Web property, mischu provides User with access to a variety of resources, including download areas, communication forums and product information (collectively “Services”). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the TOU.
Equipment
User shall be responsible for obtaining and maintaining all telephone, computer hardware, software and other equipment needed for access to and use of mischu website and all charges related thereto.
User Conduct
• User shall use mischu website for lawful purposes only. User shall not post or transmit through mischu website any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without mischu’s express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a User that in mischu’s discretion restricts or inhibits any other User from using or enjoying mischu website will not be permitted. User shall not use mischu website to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with mischu.
• mischu website contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of mischu website are copyrighted as a collective work under the South African copyright laws. mischu owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. User may download copyrighted material for User’s personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of mischu and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
• User shall not upload, post or otherwise make available on mischu website any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of mischu website, User automatically grants, or warrants that the owner of such material has expressly granted mischu the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User also permits any other User to access, view, store or reproduce the material for that User’s personal use. User hereby grants mischu the right to edit, copy, publish and distribute any material made available on mischu website by User.
• The foregoing provisions are for the benefit of mischu, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
MEMBER ACCOUNT, PASSWORD, AND SECURITY
If any of the Services requires User to open an account, User must complete the registration process by providing mischu with current, complete and accurate information as prompted by the applicable registration form. User also will choose a password and a user name. User is entirely responsible for maintaining the confidentiality of User’s password and account. Furthermore, User is entirely responsible for any and all activities that occur under User’s account. User agrees to notify mischu immediately of any unauthorized use of User’s account or any other breach of security. mischu will not be liable for any loss that User may incur as a result of someone else using User’s password or account, either with or without User’s knowledge. However, User could be held liable for losses incurred by mischu or another party due to someone else using User’s account or password. User may not use anyone else’s account at any time, without the permission of the account holder.
MATERIALS PROVIDED TO mischu WEBSITE OR POSTED AT ANY OF ITS PAGES
mischu does not claim ownership of the materials User provide to mischu (including feedback and suggestions) or post, upload, input or submit to any Services or its associated services for review by the general public, or by the members of any public or private community, (each a “Submission” and collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting (“Posting”) User’s Submission User is granting mischu, its affiliated companies and necessary sublicenses permission to use User’s Submission in connection with the operation of their Internet businesses (including, without limitation, all mischu Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat User’s Submission; to publish User’s name in connection with User’s Submission; and the right to sublicense such rights to any supplier of the Services.
No compensation will be paid with respect to the use of User’s Submission, as provided herein. mischu is under no obligation to post or use any Submission User may provide and mischu may remove any Submission at any time in its sole discretion. By Posting a Submission User warrants and represents to own or otherwise control all of the rights to User’s Submission as described in these Terms of Use including, without limitation, all the rights necessary for User to provide, post, upload, input or submit the Submissions.
In addition to the warranty and representation set forth above, by Posting a Submission that contain images, photographs, pictures or that are otherwise graphical in whole or in part (“Images”), User warrant and represent that (a) User is the copyright owner of such Images, or that the copyright owner of such Images has granted User permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of User’s use and as otherwise permitted by these Terms of Use and the Services, (b) User have the rights necessary to grant the licenses and sublicenses described in these Terms of Use, and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these Terms of Use, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images. By Posting Images, User is granting (a) to all members of User’s private community (for each such Images available to members of such private community), and/or (b) to the general public (for each such Images available anywhere on the Services, other than a private community), permission to use User’s Images in connection with the use, as permitted by these Terms of Use, of any of the Services, (including, by way of example, and not as a limitation, making prints and gift items which include such Images), and including, without limitation, a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat User’s Images without having User’s name attached to such Images, and the right to sublicense such rights to any supplier of the Services. The licenses granted in the preceding sentences for a Images will terminate at the time User completely remove such Images from the Services, provided that, such termination shall not affect any licenses granted in connection with such Images prior to the time User completely remove such Images. No compensation will be paid with respect to the use of User’s Images.
Any rights not expressly granted herein are reserved.
