a.) These terms and conditions of use and purchase and privacy policy (“Terms”) govern your (“the User”) use of Darren Chandler Marketing (“the Provider”) Website located at domain name, www.darrenchandlermarketing.com, and all associated domain names, (“the Website”).
b.) By accessing the Website, through any forum, including but not limited to mobile applications, the User acknowledges and agrees to be bound by the 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 any Content located or found on the Website.
1. PRIVACY, ACCESS TO AND USE OF INFORMATION
1.1 The Provider receives various types of information from Users who access the Website, including but without limitation, personal information such as the names, birth dates, email addresses, phone numbers, and credit card information (“the Personal Information”).
1.2 The User may choose not to provide certain Personal Information, but that may limit the services that the User may wish to obtain from the Provider.
1.3 The Provider may electronically collect, store and use the Personal Information and the User hereby consents to the Provider collecting, storing and using the Personal Information of the User.
1.4 Interception of communications. Despite such undertaking, it is possible for Internet-based communications to be intercepted.
• 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.
• The Owners 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 or Provider through the Internet, or that you expressly or implicitly authorise the Owners to make, or for any errors or any changes made to any transmitted information.
1.5 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.
2. PRIVACY – CASUAL SURFING
2.1 The User may visit the Website without providing any personal information
2.2 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.
2.3 This information is aggregated (added up) to measure the number of visits, average time spent at the Website, pages viewed, etc.
2.4 Provider uses this information to determine use of the Website, and to improve Content.
2.5 Provider assumes no obligation to protect this information, and may copy, distribute or otherwise use the information.
3. PRIVACY – UNSOLICITED INFORMATION
3.1 If the User posts unsolicited content or other information (“Information”) to the Website and does not indicate otherwise the right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Information throughout the world in any media. User grants to the Owners a:
• non-exclusive;
• royalty-free;
• irrevocable (irreversible); and
• fully sub-licensable,
• fully sub-licensable,
3.2 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 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.
3.3 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.
4. PRIVACY-SOLICITED INFORMATION THE USER GIVES TO PROVIDER
4.1 Provider requires certain Personal Information necessary to process transactions if the User requires any of Provider’s products or services.
4.2 Provider receives and stores all Information, including Personal Information which the User enters on the Website or gives to 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 Provider.
4.3 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 right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Information throughout the world in any media including transactions with the user and the registration of the user. Provider a:
• non-exclusive;
• royalty-free;
• perpetual;
• irrevocable; and
• fully sub-licensable,
4.4 The User’s Information that is required by affiliates and subsidiaries to give effect to transactions that the User chooses to enter into is shared with those entities.
5. PRIVACY – PROMOTIONAL INFORMATION
Provider aspires to provide first-class service to its customers, which requires 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 send an email to darrenchandlermarketing@gmail.com
6. PRIVACY- BUSINESS TRANSFERS
Provider may enter into business arrangements and its customer base is one of the more valued assets. In such an event, customer Information will be one of the transferable assets.
7. 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. Provider may also impart Personal Information if permitted or required to do so by law.
8. PRIVACY-SURVEYS AND STATISTICAL PROFILES
8.1 Provider understands that efficiency and customer care results in good service. Provider may periodically conduct online customer care surveys to enable the updating of service standards.
8.2 When it conducts a survey, 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.
8.3 Despite terms to the contrary, 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.
9. 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).
10. PRIVACY- INTERCEPTION
Insofar as is allowed by law, 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. This constitutes written consent by the User.
11. TERMINATION
11.1 The Provider reserves the right to, in its sole discretion and without notice to the Registered User, terminate the registration of the Registered User, and prevent or restrict access to the Website.
11.2 The Registered User may at any time terminate its own registration.
11.3 The Registered User acknowledges and agrees that, notwithstanding the termination of the User’s registration, any content or user submissions posted by the user may, at the Provider’s discretion, remain on the Website. Notwithstanding termination, the Terms including all warranties, representations, consents, acknowledgements and undertakings made by the Registered User remain of full force and effect.
12. CONTRACTUAL ERRORS AND OMISSIONS
The goods and services listed on this Website are not an offer to enter into a contract. The Provider provides the Website and its associated content only as an invitation to deal, and the User hereby understands and agrees that its offer to purchase goods or services from the Supplier will be accepted at the sole discretion of the Supplier. The Provider reserves the right to deny your offer for any reason, and the user hereby agrees and understands that the Provider will not be held liable for any error or omission in the pricing or listing of any good or service sold through the Website.
13. APPLICABLE LAW
13.1 This Website is controlled, operated and administered by the Provider from its offices as set out below within the Republic of South Africa.
13.2 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.
13.3 If any of the provisions of these Terms are found by a Court of competent jurisdiction to be invalid or unenforceable, such 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.
14. GENERAL
14.1 These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorized representatives of the Provider.
14.2 These Terms constitutes the entire agreement between the Provider and the User with regard to the matters set out herein.
15. CONTACT DETAILS
In the event that you need to contact Provider for purposes related to these Terms and Conditions, please use the following:
Contact person: Darren Chandler
Telephone: +49 176 7311 3985
