TERMS AND CONDITIONS APPLY

WEBSITE TERMS OF USE AGREEMENT

  1. Website Terms of Use
  • These terms and conditions (“these Terms”) govern your (“the User’s”) use of the (insert the name of the website provider) (“the Provider’s”) website (http://stampsforgood.com/) located at the domain name com (“the Website”). By accessing, browsing and/or using the Website, the User agrees to be bound by these Terms. If the User does not wish to be bound by these Terms, the User may not access, display, use, download, or otherwise copy or distribute Content obtained at the Website.
  1. Updating of these Terms
  • At the request of the Supplier the Provider may change, modify, add to or remove from portions or the whole of these Terms. Changes to these Terms will become effective when the changes are posted to this Website. The Provider will notify the User of the changes via email or by posting a prominent notice on the Website. The User’s continued use of this Website following the posting of changes or updates will be considered notice of the User’s acceptance of these Terms, including any changes or updates.
  1. The Supplier of goods or services details
  • In accordance with the disclosure requirements of the Electronic Communications and Transactions Act (“ECTA”), 25 of 2005, the Supplier of goods or services offered for sale, hire or exchange by way of an electronic transaction, must make the following information available to consumers:
  • The Supplier is MC Saatchi Abel (Pty) Ltd, trading as M&C Saatchi Abel, a private limited company duly registered and existing under the laws of South Africa with:
  • company registration number: 2009/022172/07
  • VAT registration number: 4830256709,
  • physical addresses at:
  • Media Quarter, 5th Floor, cnr Somerset & de Smit Street, de Waterkant, 8001; and
  • 9 Eighth Street, Houghton, Gauteng, 2198
  • telephone numbers: 021 421 1024 / 011 268 6388, and
  • place of registration at: 4TH FLOOR, THE HUDSON, 30 HUDSON STREET, DE WATERKANT, CAPE TOWN, 8001.
  • The Supplier will accept legal service at Media Quarter, 5th Floor, cnr Somerset & de Smit Street, de Waterkant, 8001.
  • The Supplier’s directors and office bearers are: Michael Abel, Jacques Burger, Margaret Chaane, Jo-Ann Held, James Hewitt, Moray Maclennan, Ntone Mpufane Mansoor Salee, and Denise van der Westhuizen.
  • The main business of the Supplier is that of a marketing and telecommunications company.
  • The Supplier is a member of (insert any self-regulatory body to which MCSaatchi belongs and its contact details) and is accredited with (insert the name and contact details of any accreditation body to which MCSaatchi subscribes).
  • The Supplier subscribes to the (insert any code of conduct to which the Supplier prescribes – e.g. the Advertising Code of Conduct or the Code of SMS) available at (insert website at which the relevant code of conduct can be accessed electronically).
  1. Goods or Services:
  • The goods and services offered by the Supplier on the Website are the use of the “electronic stamps” (‘stamp‘) for a prescribed period of time, and such support services as needed to embed these stamps into the User’s email.
  1. Terms of download
  • Goods and services offered through this Website by the Supplier are strictly on an “as is” basis for a price of (R_________insert price of each stamp and the relevant support services and ensure that costs and fees are included).
  • (Include a description of how the purchase of a right to use a stamp will work. e.g. The User will receive an email with a password and user name within ___days. The goods and services are available within ___ days as downloadable files in the following formats ____ at the following web-address, for _____ days, when the files will be removed from the Website. We can perhaps delete the clause for the purposes of launching today.)
  • Once the right to use a stamp has been purchased it cannot be returned. In case of defect, the User must notify the Supplier within 24 hours of becoming aware of defect by email to the following address (insert email).
  • User’s cooling-off rights under section 44 of ECTA do not apply in terms of section 42 of ECTA, due to the nature of the goods and services.
  1. Payment  
  • Payment can be made online by credit card through a sufficiently secure payment system. (Is this correct?)
  1. Complaints and disputes  
  • The Provider offers Users to file complaints via the “Contact us” service of the Website. Currently the Supplier does not subscribe to any alternative dispute resolution code or mechanism.
  1. Copyright and Intellectual Property Rights
  • The Provider provides certain information on the Website. Content displayed at the Website is provided by the Supplier, its affiliates or subsidiaries, or any other third party owners of the content (“Content”). All the proprietary works, and the compilation of the proprietary works, belong to the Supplier, its affiliates or subsidiaries, or any third party owners of the rights (“Owners”), and the Content is protected by South African and international copyright laws.
  • At the request of the Supplier the Providers may make any changes to the Website, the Content, or to products or services offered through the Website at any times and without notice to the User. All rights in and to the Content is reserved and retained by the Owners. Except as specified in these Terms, the User is not granted a license or any other right including under Copyright, Trademark, Patent or other Intellectual Property Rights in or to the Content.
  • This Website and the Content may only be:
  • duplicated, copied;
  • resold;
  • visited; or
  • otherwise exploited,

for the specific purposes set out in this agreement.

  1. Limited License to Users
  • The Supplier grants the User, a non-exclusive, non-transferable, limited and revocable (reversible) right to access, display, use, download and otherwise copy the current and future Content (save for the stamps) for personal, non-commercial and information purposes only. (Are you happy with this?)
  • This Website and the Content may not be reproduced or otherwise exploited for any commercial purpose without the express prior written consent of The Provider.
  • The license does not allow the User to collect product or service listings, descriptions or other information displayed here, and does not allow any derivative (copied or derived) use of this Website or the Content for the benefit of another merchant. The User may not frame the Website or the Content without the express written consent of The Supplier.
  • The Provider and the Owners do not offer products or services to minors. If you are under the age of 18, you may not act upon any offers on the Website.
  • The Provider and the Owners, their affiliates or subsidiary reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
  • Any unauthorised use terminates this license. 
  1. Limitation of liability:
  • Subject to sections 43(5) and 43(6) of ECTA, and to the extent permitted by law, the Website and all Content on the Website, are provided on an “as is” basis, and may include inaccuracies or typographical errors and the Provider, Owners, the Suppliers, and their respective employees, directors partners, affiliates and agents will not be liable for any damage, or loss or liability of any nature incurred by whoever as a result of any action or omission. The Suppliers and the Owners make no warranty or representation as to the availability, accuracy or completeness of the Content, or any third-party content accessible via an Internet link.
  • Neither the Provider, the Supplier, or the Owners or their respective holding companies, affiliates or subsidiaries will be held responsible for any damage of any kind, related to the use of, or the inability to access or use the Content or the Website or any functionality, or of any linked website to the extent permissible by law.
  1. Privacy, access to and use of information
  • The Provider receives various types of information (“Information”) from Users who access the Website, including personal information as detailed in the Promotion of Access to Information Act (“PAIA”), Act 2 of 2000, and as detailed in section 1 of the ECTA (“Personal Information”). (Please advise what information will be submitted by users.)
  • The Provider may electronically collect, store and use Personal Information, including names, contact details, surfing patterns, email, and IP addresses (please discuss this list with the provider). The Provider voluntarily subscribes to section 51 of the ECTA and endeavours to treat Personal Information received by the Provider accordingly.
  • Whenever the User is of the opinion that the Provider fails to comply with section 51 of the ECTA, the User will contact the Provider by sending an email to (insert email address). The Provider will review the User’s representations made by email and, if within the Provider’s sole and absolute discretion advisable, take corrective action and in any event within 10 business days respond to User informing about corrective actions taken, if any.
  • Without the use of encryption, the Internet is not a secure medium and privacy cannot be ensured. Internet e-mail is vulnerable to interception and forging. It is thus possible for Internet-based communications to be intercepted.
  • The Owners, Supplier and Provider will not be responsible for any damages you or any third party may suffer as a result of the transmission of confidential or disclosed information that you make to the Owners, the Supplier or the Provider through the Internet, or that you expressly or implicitly authorise the Owners, the Supplier or the Provider to make, or for any errors or any changes made to any transmitted information.
  • To ensure acquaintance with and awareness of the privacy measures and policies of the Provider, the User is urged to take care to read and understand the underlying privacy clauses incorporated in these Terms.
  1. Privacy – casual surfing
  • The User may visit the Website without providing any personal information.
  • The User accordingly grants express written permission for the Website servers in such instances collecting the IP address of the User computer, but not the email address or any other distinguishing information.
  • This information is aggregated (added up) to measure the number of visits, average time spent at the Website, pages viewed, etc.
  • The Provider uses this information to determine use of the Website, and to improve Content.
  • The Provider assumes no obligation to protect this information, and may copy, distribute or otherwise use the information.
  1. Privacy – unsolicited information
  • If the User posts unsolicited content or other information (“Information”) to the Website and does not indicate otherwise the User grants to the Owners a:
    • non-exclusive;
  • royalty-free;
  • perpetual (everlasting);
  • irrevocable (irreversible); and
  • fully sub-licensable,

right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Information throughout the world in any media.

  • The User grants to the Owners the right to use the name that the User submits in connection with such Information, if they choose. The User warrants:
  • that the User owns or otherwise controls all of the rights to the Information that the User posts;
  • that the Information is accurate;
  • that by the supply of the Information to the Provider;
  • the User does not violate this Policy and does not infringe the rights of any person or entity; and
  • that the User indemnifies the Owners for all claims resulting from the receipt by the Provider of the Information the User supplies to it.
  • The Provider may monitor and edit or remove any Information, where posted to public pages. The Provider takes no responsibility, and assumes no liability for any Information posted by the User or any third party.
  1. Privacy-solicited information the User gives to the Provider
  • The Provider requires certain Personal Information necessary to process transactions if the User requires any of the Provider’s products or services.
  • The Provider receives and stores all Information, including Personal Information which the User enters on the Website or gives to the Provider, in any other way. The User may choose not to provide certain Personal Information, but that may limit the services or products that the User may wish to obtain from this the Provider.
  • The Provider provides its products and services in conjunction with its affiliates and subsidiaries. In this regard and unless specifically restricted by the User from the license below, the User and when entering into the specific transactions in question expressly grants in writing to the Owners and the Provider a:
  • non-exclusive;
  • royalty-free;
  • perpetual;
  • irrevocable; and
  • fully sub-licensable,

right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Information throughout the world in any media including (insert purposes, eg transact with user, registration of user etc).

  • The User’s Information that is required by affiliates and subsidiaries to give effect to transactions that the User choose to enter into, is shared with those entities.
  1. Privacy – promotional information  
  • The Provider aspires to provide first-class service to its customers, which requires the Provider providing information to the User about new services or special offers. In each instance, the User is provided an opportunity to opt-out of such information circulars. For more information, please call the Provider Help Desk, or send an email to (insert contact email address).
  1. Privacy- lawful purposes  
  • When the Provider is served with due legal process requiring the delivery of Personal Information, it has the legal duty to abide by that demand, and will do so. The Provider may also impart Personal Information if permitted or required to do so by law.
  1. Privacy-surveys and statistical profiles
  • The Provider understands that efficiency and customer care translates to good service. The Provider may periodically conduct online customer care surveys to enable the updating of service standards.
  • When it conducts a survey, the Provider must inform the User how the information gathered will be used, and provide the User with the opportunity to opt-out from such surveys.
  • Despite terms to the contrary, the Provider may choose to use Personal Information to compile profiles for statistical purposes and may choose to trade with such profiles and statistical data, as long as the profiles or statistical data cannot be linked to any specific data subject, including the User, by a third party.
  1. Privacy- storage  
    • Personal Information will be stored for as long as it is used and for a period of one year, together with a record of the Personal Information and the specific purposes it was collected for. Personal Information will be destroyed once it has become obsolete (out of date or unusable).
  1. Privacy- interception  
  • Subject to the Regulation of Interception of Communications Act (“RIC”), Act 70 of 2002, the User agrees that the Provider may intercept, block, read, delete, disclose and use all communications sent or otherwise communicated to the Provider, its employees, directors and agents. User agrees that his or her consent satisfies the requirements of ECTA and RIC for consent in “writing” as defined.
  1. Access to information Manual  
  • This Manual can be obtained at: (insert web address from where the information manual can be accessed)
  1. Choice of Law
  • This Website is controlled, operated and administered by the Provider from its offices as set out below within the Republic of South Africa.
  • These terms will be governed by the laws of the Republic of South Africa, and the User consents to the jurisdiction of the Western Cape High Court in the event of any dispute.
  • If any of the provisions of these Terms are found by a court of competent jurisdiction to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible so as to give effect to the intent of these Terms, and the remainder of these Terms will continue in full force.
  • These Terms constitutes the entire agreement between the Provider, the Supplier, the Owners and the User with regard to the use of the Content and this Website.
  1. Contact Details  
  • In the event that you need to contact the Provider for purposes related to these Terms and Conditions, please use the following:
  • Telephone: (insert contact details)
  • Fax:                   (insert fax number)
  • Email:                   (insert email address)
  • © (Insert name of website owner)

This Website was most recently updated on the October 2016

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