TERMS & CONDITIONS
These website terms and conditions of use (“Terms of Use”) regulate your use of the website hosted at the URL http://www.mebla.co, including all its sections and areas, if any, which may be dedicated to and reserved for registered users. The Website is operated by Mebala (LTD) PTY, with registered office in 10 Van Beek Street, New Doornefotein, Johannesburg South Africa (hereinafter “Mebala”, “we”, “us” or “our”).
In welcoming you to our Website, we invite you to carefully review these Terms of Use before continuing to access or use the Website. These Terms of Use apply to all visitors and/or users of, the Website. By accessing or using the Website you confirm your acceptance of these Terms of Use and your agreement to be bound by them. If you do not agree with and/or accept these Terms of Use, you cannot use this Website and we thus invite you to immediately discontinue your access and/or use.
Purposes and Functionalities of the Website
We use the Website to promote and provide information on Mebala’s products, collections and initiatives and to help you to gather information on Mebala, for example regarding where to find shops in which you can purchase our products. Specific sections in our Website, if any, may contain and make available additional functionalities. For example, users may be required to register and/or open a personal account if any by inserting their data in order to be granted access to reserved areas and contents. If any, inserted in specific mailing lists and/or receive newsletters relating to Mebala’s products and initiatives, participate in marketing initiatives promoted by Mebala, create customized lists of favorite Mebala products and purchase Mebala products online, if applicable, as well as for further purposes. Where opportune, such sections of the Website will be regulated by specific terms and conditions of use, duly made available to users. We thus invite you to review such specific terms and conditions of use, if any, on the occasion of your access to specific sections of our Website.
Registration and Personal Account
In the event that, in relation to the specific functionalities and/or sections of the Website you wish to access, you are required to register and open a personal account (“Account”), please note that you will be responsible for all activities that occur under your Account (including but not limited to any purchases of our merchandise made through your Account, in the event that such functionality is available) unless you notify us that your Account has demonstrably been used by a third party without your consent. You are further responsible for maintaining the confidentiality of your access information and for ensuring that no third party access your Account without your consent. Mebala cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations. Please note that Mebala may terminate or suspend your Account, at any time and without prior notice to you if: (i) Mebala reasonably believes that you are using your Account in breach of these Terms of Use, (ii) Mebala reasonably believes that a third party is using your Account without your consent, or (iii) Mebala reasonably deems it necessary to terminate or suspend your Account for security or maintenance purposes. You can cancel your subscription to the updates section at any time by “my profile”.
Processing of your Personal Data by Mebala
In order to enable you to access and use specific sections or functionalities of the Website, including areas dedicated and reserved for registered users, if any, we may ask you to provide certain personal data relating to you. The processing activities we carry out in relation to the personal data you provide to Mebala through our Website are extensively described in our Privacy Policy and information notices available on the Website. To become aware of our practices and policy regarding processing of personal data, we invite you to review the Privacy Policy and the information notices. By using the Website, you acknowledge that any communication carried out through the internet can never be considered as totally confidential and secure and you understand that any information or message submitted to the Website could be read or intercepted by persons other than the legitimate addressees, even in the presence of any notices stating that a particular transmission is encrypted (e.g. a transmission of credit card information).
Our Products
Although Mebala takes reasonable efforts to ensure that the information available on the Website is accurate and updated, Mebala does not make any representation nor give any warranty as to the correctness, completeness, accuracy or currency of any information on the Website, including for example product descriptions, indications on prices and/or availability thereof on the Website. The circumstance that certain products or services are included on the Website does not imply any representation or warranty that these products or services will be available through the Website if you wish to purchase such and/or use the same at any particular time. We have made every effort to display as accurately as possible the appearance, and particularly the colors, of our products included on the Website. However, the actual color you see will depend on your computer settings and we cannot guarantee that your computer will accurately display our colors. From time to time, we may modify or remove, either temporarily or permanently, some of the products and/or services, and related features and specifications, that are displayed on or made available through the Website, or make changes to the applicable prices for any such product or services, or to the circumstances in which we can modify and/or withdraw the products that we may be selling through the Website, without any prior notice to you.
Mebala’s Content
All right, title and interest in and to the Website and all of its content, including, but not limited to, its software or HTML code and other computer code contained in both the Website’s back-end and front-end components, the Website’s visual user interface, text, graphics, scripts, artwork, photographs, images, designs, audiovisual materials and any other materials that form in any way part of the Website (collectively, “Mebala’s Content”) is exclusively owned by Mebala and/or its licensors, if any. All Mebala’s Content is protected by national intellectual property laws, including but not limited to copyright, patent and trademark laws, and other laws and international treaty provisions on intellectual property rights.
Mebala’s Trademarks
All trademarks, whether registered, unregistered or under registration, in South Africa or abroad, trade names, logos, brand names and product names used, displayed or in any way included on the Website (collectively, “Mebala’s Trademarks”) are the exclusive property of Mebala or of its licensors, if any. These Terms of Use do not entitle you in any way to use Mebala’s Trademarks and we remind you that the use by you of Mebala’s Trademarks in any manner is strictly prohibited.
Your Use of the Website
You are permitted to use the Website and Mebala’s Content for your personal and non-commercial use only and always in compliance with these Terms of Use and with all applicable laws and regulations.
You hereby acknowledge and agree that you may not and may not permit, assist or allow any third party to:
copy, reproduce, publish, transmit, distribute, upload, post, publicly display, encode, translate, modify or create derivative works from, sell, license or otherwise distribute this Website or any Mebala’s Content, including but not limited to mirroring, framing or linking to any third party’s computer, server, web site;
access or use this Website or any Mebala’s Content for any commercial purposes, including any advertising or advertising revenue generating activity on your own or any third party’s web site, platform or other online space or means;
use any automatic or manual process aimed at accessing, acquiring, copying or monitoring the Website or the Mebala’s Content or any part thereof, and/or in any way reproducing the structure or appearance of the Website or any Mebala’s Content, or circumventing any copy-protection devices, obtaining or attempting to obtain any materials, documents or information made available through the Website, for example by resorting to deep-links, page-scrapers, robots, spiders, or similar technologies;
access or attempt to access any portion, section or feature of the Website, or any other systems or networks connected to the Website or any Mebala’s server to which you are not allowed to access, by resorting to hacking, password mining or any other illegitimate technologies or means;
probe, scan or test the vulnerability of the Website or any other computer or network connected to the Website;
breach the protection, security or authentication measures on the Website;
reverse look-up, trace or seek to trace any information regarding any other user of or visitor to the Website, or any other customer, or carry out any similar activity;
exploit or use the Website, any Mebala’s content, or any service or information made available or offered by or through the Website for any unlawful purposes or for any purposes not allowed by these Terms of Use or solicit the performance of any illegal activity or other activity which infringes the rights of Mebala or others;
take any action that imposes an unreasonably or disproportionately large load on the infrastructure of the Website, or any systems or networks connected to the Website; and
use any device, software, mechanism or any other technology aimed at interfering or attempting to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.
Mebala reserves the right to discontinue or suspend your access or use of the Website, without notice, if (I) we reasonably deem you have violated the Terms of Use, or (II) we reasonably deem such a measure necessary for security reasons.
User’s Content
Any content, file, document, feedback, comment, suggestion, idea, data, information, image, picture and generally any materials that you submit to the Website or to Mebala with reference to this Website or to the use of this Website or any part or section thereof (“User’s Content”) shall be deemed non-confidential and non-proprietary. We reserve the right to use such User’s Content on an unrestricted basis, including but not limited to save, store, copy, reproduce, publish, post, transmit, distribute, display, modify, translate, incorporate in other materials and in any way commercially exploit it. Mebala shall have the unlimited right to use any ideas, concepts, know-how, or techniques received by Mebala as User’s Content, for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products based on such information, and without the user who submitted, created and/or realized the relevant User’s Content being entitled to receive any compensation. Mebala thus invites you not to send us through the Website any content, item or information that may fall within the aforementioned categories and/or that you consider to be confidential or proprietary.
Third Party Content
The Website may contain, use or display content created by third parties, information obtained from public sources and/or links to external web sites or webpages operated by third parties (“Third Party Content”). Mebala does not control or monitor such Third Party Content and is not responsible or liable for the accuracy, security or reliability of any Third Party Content and cannot and does not guarantee that such Third Party Content will not contain any virus or any other functionalities suitable to damage the users’ data and/or property. Any link or reference to any Third Party Content connected to the Website is not and shall not be construed in any way as an endorsement by Mebala of the linked or referenced Third Party Content. Access to any Third Party Content is at your own risk and Mebala will have no liability to you for any loss or damage that you may suffer (including but not limited to any loss or damage to your computer equipment, hardware or software) arising out of or related to your access or use of, or reliance on, any Third Party Content or caused by or in connection with any purchase of goods or services available on or through any such Third Party Content. In case you access, in any form or manner, and for any purpose, such Third Party Content, Mebala invites you to immediately review the terms and conditions regulating the use of the relevant Third Party Content.
Warranty
You hereby acknowledge and agree that the use of the Website is at your own sole risk and you are entirely responsible for your use of the Website and any Third Party Content. Mebala takes all measures necessary to reduce, as reasonably possible, the risk that the Website and Mebala’s Content contain any viruses and defects. However, Mebala cannot guarantee that your computer equipment, hardware or software or any data stored or created by your computer equipment, hardware or software (collectively, “Equipment”) will not be damaged, corrupted, lost or otherwise affected if you access or use the Website or any Content. You are responsible for procuring the technological, computer and telecommunications means, as well as acquiring the knowledge, necessary to access and use the Website and Mebala’s Content and for the related costs and expenses. Mebala does further not warrant that the Website or any Mebala’s Content, service or feature of the Website will be uninterrupted, or that any defects will be corrected, or that your use of the Website will provide specific results. The Website and the Content are delivered on an “as is” and “as available” basis. In addition, Mebala disclaims all warranties, express or implied, including but not limited to any warranty of accuracy, completeness, non-infringement, merchantability or fitness for a particular purpose.
Limitation of Liability
To the maximum extent permitted by applicable law, Mebala shall in no event be liable to you or any third party for any damage or loss arising out of use of the Website and/or Mebala’s Content or any information contained on or the products which may be sold through the Website, including without limitation, any liability for (a) any loss of or corruption to data, (b) loss of or damage to your technological, computer equipment, hardware or software, (c) any loss or damage which was not foreseeable by you and/or us or which you did not notify us may occur if we breach these Terms of Use or our legal duty of care to you, or (d) any loss or damage suffered by you as a result of you failing to take reasonable precautions against such loss or damage, such as through the installation of reputable anti-virus software. Mebala shall not be liable for any indirect damage, whatever the cause, origin, nature and consequences thereof may be, including, without limitations, any cost borne due to loss of business opportunities, clients, data or any other loss of intangible goods caused by the use of the Website or by impossibility to use the Website or reliance on the information directly or indirectly made available through the Website. In any case, nothing in these Terms of Use excludes or limits Mebala’s liability to you for wilful misconduct or gross negligence or for any other liability which may not be excluded or limited under any mandatory provision of applicable law. By using this Website, you agree that, in case of any dissatisfaction relating to this Website, any part thereof and or any product or service which may be made available through this Website, or any clause of these Terms of Use, the sole and exclusive remedy available to you shall be ceasing your use of the Website. Mebala disclaims any and all liability for the acts, omissions and conducts of any third parties in connection with or related to your use of the Website, including without limitation any liability for any third party content, information, statement, available on or through the Website, under criminal or civil laws relating to defamation, intellectual property infringement, privacy, obscenity, or other areas of law. You finally agree to indemnify and hold harmless Mebala against any legal action, claim, complaint from any third parties, and related damages and costs, including any legal expenses (including reasonable attorney fees), caused by or connected to any irregular and/or unlawful use by you of the Website and/or Mebala’s Content.
Changes to the Terms of Use
Mebala reserves the right to change, modify, revise, add or remove any part of these Terms of Use by updating this document, at any time and without prior notice to you. Changes to these Terms of Use will be communicated by placing a notice on this Website. We thus invite you to check these Terms of Use periodically. If you do not agree with any of such changes, you must immediately cease your access or use of the Website. By continuing the use of the Website following the posting of changes you accept and agree to the changes.
General Terms
These Terms of Use are governed by and shall be interpreted pursuant to the laws of South Africa. The Court of Gauteng (South Africa) shall have exclusive jurisdiction in connection with any disputes arising out of the use of the Website and/or in any way related to the use of the Website or to these Terms of Use, save for any right under mandatory provision of applicable law to establish legal proceedings in the habitual place of residence or domicile of the users. In the event that any provision of these Terms of Use is deemed unlawful, invalid or unenforceable, such provision shall be modified to the minimum extent required to make it lawful, valid or enforceable and the remainder of these Terms of Use shall remain fully valid and enforceable. These Terms of Use are the entire agreement between you and Mebala relating to the subject matter of the same. All provisions of these Terms of Use apply to the maximum extent permitted by the applicable law. In particular, if you access and/or use this Website as consumers, the mandatory rights granted to you by the applicable law shall not be subject to any limitation.
In welcoming you to our Website, we invite you to carefully review these Terms of Use before continuing to access or use the Website. These Terms of Use apply to all visitors and/or users of, the Website. By accessing or using the Website you confirm your acceptance of these Terms of Use and your agreement to be bound by them. If you do not agree with and/or accept these Terms of Use, you cannot use this Website and we thus invite you to immediately discontinue your access and/or use.
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