Terms Of Service
BY ACCESSING THE WEBSITE OR MOBILE APP AT HTTP://WWW.MIBRAND.CO.ZA, THE USER AGREES TO BE BOUND BY THESE TERMS OF SERVICE AND USE. THE USER(S) OF THIS WEBSITE ARE REQUIRED TO READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ENTERING AND MAKING USE OF THIS WEBSITE. IF THE USER DOES NOT AGREE TO THE TERMS AND CONDITIONS CONTAINED HEREIN, THE USER IS ADVISED TO NOT MAKE USE OF THIS WEBSITE. THE USER’S CONTINUED USE OF THIS WEBSITE INDICATES THE ACKNOWLEDGEMENT THAT THE USER HAS READ AND ACCEPTED THE TERMS AND CONDITIONS OF SERVICE AND USE.
The materials on MiBRAND's website are provided on an 'as is' basis. MiBRAND makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
Further, MiBRAND does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site
1) USE LICENSE
1.1) Permission is granted to temporarily download one copy of the materials (information or software) on MiBRAND's website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license, you may not:
1.2) use the materials for any commercial purpose, or for any public display (commercial or non-
1.3) attempt to decompile or reverse engineer any software contained on MiBRAND's website or app;
1.4) remove any copyright or other proprietary notations from the materials; or
1.5) transfer the materials to another person or "mirror" the materials on any other server.
1.6) This license shall automatically terminate if you violate any of these restrictions and may be terminated by MiBRAND at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format
2) PURPOSE OF WEBSITE
2.1) The MiBRAND website is a content aggregator website that gathers web content relating to shopping deals and stores from different on-line sources and “aggregates” the information into an easy to find and use format, such as a directory.
2.2) MiBRAND only gathers the information which is in the public domain and can account for the source of each deal and/or store. All information gathered is extracted directly from its source and at no time does MiBRAND make any changes to the product and/or service price, image or content of the associated deal.
2.3) MiBRAND is not the creator nor the owner of the shopping deals and stores that it shares on its application and website and at no time does it purport to be nor does it claim ownership of any trademarks, copyrights or patents held by the respective holders thereof.
3.1) The information, materials and services included in or available through the website may include technical errors, inaccuracies, typographical or photographic errors for which MiBRAND cannot be held liable. MiBRAND does not warrant that any of the materials on its website are accurate, complete or current.
3.2) Changes are periodically added to the materials contained on the website and it is the responsibility of the users to ensure that they are aware of and understand these changes. However, MiBRAND does not make any commitments to update the materials.
3.2) The user acknowledges that MiBRAND may be unavailable due to updates or other causes beyond ITS control. In the event that it is unavailable for any reason, MiBRAND cannot be held liable for any claim of whatsoever nature, whether in contract or in delict and any consequential loss, financial or otherwise.
3.3) In no event shall MiBRAND or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on MiBRAND's website, even if MiBRAND or a MiBRAND authorized representative has been notified orally or in writing of the possibility of such damage.
4.1) MiBRAND has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by MiBRAND of the site. Use of any such linked website is at the user's own risk.
5) UNLAWFUL OR PROHIBITED USE
5.1) As a condition of use of the website, the user warrants to MiBRAND that the user will not use the website for any purpose that is unlawful or prohibited by these terms and conditions. The user may not use the website in any manner which could damage, disable, overburden, or impair the website or interfere with any other party’s use and enjoyment of the website. The user may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the website.
6) INTELLECTUAL PROPERTY
6.1) All intellectual property and data of MiBRAND including but not limited to trademarks, service marks, trade names and logos, information about services, which may or may not appear on the website, are and shall remain the sole and exclusive property of MiBRAND.
6.2) The user may not copy or make use of MiBRAND’s intellectual property as aforementioned and any unauthorised use thereof shall constitute an infringement on MiBRAND’s and interests therein and it shall be entitled to seek any and all relief available to it provided to it in law.
6.3) The user may not do anything to render any Intellectual Property generic, to weaken its validity or to diminish its associated goodwill.
7) GOVERNING LAW AND JURISDICTION
7.1) These terms and conditions shall be governed by and construed in accordance with the laws of the Republic of South Africa.
7.2) The user agrees that any legal proceedings arising out of or in connection with these trading terms and conditions may be brought in the division of the High Court of South Africa where MiBRAND head office is situated at the commencement of the proceedings and the user irrevocably submits to the non-exclusive jurisdiction of that court.