Terms and Conditions

This document contains the terms and conditions for the use of Mabu Tribe website and online services. By accessing any page on the Mabu Tribe website or making use of any online services you agree to the following terms and conditions.

In terms of section 11 of the Electronic Communications and Transactions Act 25 of 2002, as amended (“ECTA”) these terms and conditions are binding and enforceable against all persons that access the Mabu Tribe website or any part thereof or make use of any online services offered by Mabu Tribe.

If you do not agree with these terms and conditions you must leave the Mabu Tribe website and discontinue your use of the online services without delay, as further use will mean that you have accepted and agree to these terms and conditions.

Important terms which may limit LMabu Tribe’s responsibility or involve some risk for you may be in bold. You must pay special attention to these terms and conditions.

  1. Disclaimer
    1. Whilst every reasonable effort has been made by Mabu Tribe, and its suppliers of content and information, to ensure the proper performance of the online services, the accuracy of the content, information and images, and the reliability of the binary data on the online services, Mabu Tribe, its affiliated companies, suppliers, or any of their employees, do not, to the full extent permitted by law, guarantee the availability or accuracy of the services, content, information and/or images offered on the online services.
    2. Mabu Tribe makes no representations or warranties, whether express or implied and assumes no liability or responsibility for the proper performance of the online services, and the online services are used at your own risk.
    3. Mabu Tribe does not warrant that the online services will meet your requirements, be uninterrupted, complete, timely, and secure or error-free.
  2. Indemnities and Limitation of Liability
    1. Mabu Tribe shall not be liable to you or any third party, in any manner whatsoever, and you indemnify Mabu Tribe accordingly, for any damage, loss liability, costs or expense whether direct, indirect, or of a consequential nature that resulted from a breach of these terms and conditions by you or arising out of or in connection with the failure or delay in the performance of the online services or your use of the online services, other than in respect of losses caused by Mabu Tribe Services gross negligence or intentional misconduct.
    2. Mabu Tribe shall not be liable to you for any breach of these terms and conditions or failure to perform any obligations as a result of technical problems relating to the Mabu Tribe website, the act of God, government control, restrictions or prohibitions, or other government act or omission, whether local or national, the act of default of any supplier, agent or sub-contractor, industrial disputes or any other cause beyond Mabu Tribe Services’ reasonable control.
  3. Permitted use and License
    1. You agree and confirm that you are over the age of 18 years and are authorised to access, supply and/or make changes to any personal information and associated settings on any of the online services available to you.
    2. In the event that you are not the owner and/or are not authorised to make use of the relevant online services, you declare that you have obtained the necessary consent to use said information.
    3. You are only permitted and may only use, access, browse, view, amend, download, and print the content and details of the online services for lawful and legal purposes.
    4. You warrant that you shall not:
      1. use the online services for commercial and non-private purposes; and
      2. use the online services to receive or transmit material which is in violation of any law or regulation, which is hate-speech, offensive, obscene, threatening, racist, defamatory, in breach of confidence, or in breach of any intellectual property rights;
    5. The caching of the online services shall only be allowed if:
      1. the purpose of the caching is to make the onward transmission of the content from the online services more efficient;
      2. the cached content is not modified in any manner whatsoever;
      3. the cached content is updated at least every 12 (twelve) hours; and
      4. the cached content is removed or updated when so required by Mabu Tribe.
    6. If you use content from the online services in breach of these terms and conditions:
      1. Mabu Tribe reserves the right to claim damages from you;
      2. Mabu Tribe reserves the right to institute criminal proceedings against you; and
      3. Mabu Tribe shall not be liable, in any manner whatsoever, for any damage, loss, or liability that resulted from the use of such content by you or any third party who obtained any content from you.
    7. Hyperlinks to the online services from any other source shall be directed at the home page of the Mabu Tribe website. Links beyond the Le Creatif website home page may only be used with Mabu Tribe’s prior written consent.
    8. Users may quote small and reasonable amounts of content available from the online services only if such content is placed in inverted commas and the source acknowledged.
    9. Users may quote small and reasonable amounts of content available from the online services only if such content is placed in inverted commas and the source acknowledged.
    10. No person may, without the prior written consent of Mabu Tribe, frame the online services in any manner whatsoever.
    11. Apart from bonafide search engine operators, no person may use or attempt to use any technology or applications (including web crawlers, robots, or web spiders) to search, collect or copy content from the online services for any purposes, without the prior written consent of Mabu Tribe.
    12. E-mail addresses, names, telephone numbers and fax numbers published on the online services may not be incorporated into any database used for electronic marketing or similar purposes. No permission is given or should be implied that information in/on the online services may be used to communicate unsolicited communications to Mabu Tribe and all of Mabu Tribe’s rights are reserved.
    13. All licenses and/or permissions granted in terms of these terms and conditions are provided on a nonexclusive and non-transferable basis and may be terminated or canceled by Mabu Tribe at any time without prior notice or reason.
  4. Intellectual Property Rights
    1. All intellectual property on the Mabu Tribe website and online services, including but not limited to content, trademarks, domain names, patents, design elements, software, source code, meta tags, databases, text, graphics, icons and hyperlinks are the property of or licensed to Mabu Tribe and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights provided to you in these terms and conditions, all of the rights to intellectual property on the Mabu Tribe website and online services are expressly reserved.
  1. Software and Equipment
  • . It is the responsibility of the User to acquire and maintain, at his/her own expense, the necessary computer hardware, software, communication lines, and Internet access accounts required to access the Internet and the online services and/or download content from the Mabu Tribe website and the online services.
  1. Privacy Statement
  • Mabu Tribe shall take all reasonable steps to protect the personal information of Users and is committed to respecting the privacy of your personal information. For the purpose of these terms and conditions, “personal information” shall be defined as detailed in the Protection of Personal Information Act, 2013.
    1. As and when necessary, Mabu Tribe may electronically collect, store, disclose and/or use the following of your personal information:
      1. name and surname;
      2. contact numbers;
      3. non-personal browsing habits and click patterns;
      4. e-mail address;
      5. IP address; and/or
      6. geographical location.
  1. Mabu Tribe collects stores and uses the abovementioned information in order for Mabu Tribe to:
      1. communicate requested information to you;
      2. respond to queries, responses or complaints submitted by you;
      3. process orders or applications for Mabu Tribe products and/or services;
      4. create products or services that may meet your future requirements;
      5. compile non-personal statistical information about browsing habits, click patterns, and access to the online services.
  1. Personal information detailed above is collected and/or stored either electronically by the use of “cookies” or is provided voluntarily with your knowledge and consent. You can determine any use of cookies through your browser settings but note that turning off cookies may cause certain features of the online services or Mabu Tribe website to be unavailable to you.
    1. Mabu Tribe may further collect non-personal information, for example, your IP address, the date and time of your visits to the Mabu Tribe website, and browser history, to recognise you during any subsequent visits to the Mabu Tribe website and/or use of the online services. Mabu Tribe may further use this non-personal information to develop future products and/or services to meet your requirements and needs.
    2. Mabu Tribe owns and retains all rights to the non-personal statistical information collected and compiled by Mabu Tribe.
    3. As and when necessary, Mabu Tribe may use and/or disclose your personal information collected:
      1. in order to comply with legal and regulatory requirements and applicable laws;
      2. to either credit grantors and/or credit bureaux and/or banks and/or other financial institutions in order to ascertain information relating to your creditworthiness and for fraud prevention purposes and in order to process any payment transactions where necessary;
      3. to attorneys and/or debt collection agencies if you breach any agreements with Mabu Tribe Online Services;
      4. to Mabu Tribe agents and/or consultants and/or trade partners, but only to the extent necessary and in order to provide Mabu Tribe products, services, and the online services to you;
      5. to consumer research companies for the purposes of conducting research on improving Mabu Tribe products, services, and the online services;
      6. for the purposes of us publishing a directory containing the name, vehicle details, the applicable contact number, and the applicable email address of Mabu Tribe subscribers; and
      7. for the purposes of Mabu Tribe informing or sending information to you about any new services or products offered by Mabu Tribe and/or by any of Mabu Tribe agents and/or consultants and/or trade partners which we consider may be of interest to you. Mabu Tribe will comply with the direct marketing provisions of the Consumer Protection Act, 68 of 2008 (“CPA”) and the CPA regulations, including the provisions relating to the direct marketing registry.
  1. By using the online services and the Mabu Tribe website you understand that Mabu Tribe may, where necessary and where permitted by law, monitor your browser habits, online chat, or e-mails for business purposes, including for purposes of quality control, training, marketing, and improving the online services. Mabu Tribe agrees that it will not disclose any personal information that could be used to identify you.
    1. Mabu Tribe reserves the right to amend this privacy statement if required to do so due to a change in any personal information or privacy laws.
  1. Hyperlinks to third party sites
  • In the event that the online services contain hyperlinks to third-party sites not controlled by Mabu Tribe (“target sites”), Mabu Tribe is not responsible for the content of, or the services offered by those sites. The hyperlink(s) are provided solely for your convenience and should not be construed as an express or implied endorsement by Mabu Tribe of the site(s) or the products or services provided therein. You access those sites and use their products and services solely at your own risk Mabu Tribe recommends that you check the policy of the target sites if you have any concerns or questions.
    1. Mabu Tribe shall not be liable, in any manner whatsoever, for any damage, loss liability, costs, or expense whether direct, indirect, or of a consequential nature that resulted from the use and access to target sites and the content on such target sites. Persons that wish to link to content beyond the home page of the Mabu Tribe website and/or online services without Mabu Tribe’s prior written consent shall do so at their own risk and indemnify Mabu Tribe against any loss, liability, or damage that may result from the use of content from the Mabu Tribe website and online services if such content was accessed through a hyperlink not directed at the home page of the Mabu Tribe website and/or online services. Mabu Tribe’s non-liability for deep linking is based on the fact that deep links bypass these terms and conditions.
  1. Security
  • Mabu Tribe shall take all reasonable steps to secure the content of the online services and the information provided by and collected from Users from unauthorised access and/or disclosure, however, Mabu Tribe makes no warranties or representations in this regard.
    1. While Mabu Tribe has implemented appropriate and reasonable security technologies and practices, please be aware that internet communications are insecure unless they have been encrypted and/or appropriate security safeguards implemented. Accordingly, Mabu Tribe assumes no responsibility or liability of any nature whatsoever for the interception or loss of personal information beyond Mabu Tribe’s control.
  1. Changes and Amendments
  • . To the extent permitted by law, Mabu Tribe reserves the right, in its sole and absolute discretion, to do any of the following, at any time without prior notice or justification:
      1. change these terms and conditions;
      2. change the content and/or services available from the online services;
      3. alter and/or discontinue any aspect of the online services; and/or
      4. change the software and hardware required to access and use the online services.
    1. The amended versions of the terms and conditions and online services will be displayed in the same media as these terms and conditions. By continuing to use the online services, you agree and understand that you will be bound by the amended terms and conditions.

PUBLICITY AND DATA PRIVACY

  1. All personal information relating to the Participants will be used solely in accordance with South African data protection legislation

GENERAL

  1. The Organisers reserve the right to shorten, extend, suspend the time period of the Campaign or terminate the Campaign whenever it should so choose for technical, commercial, or operational reasons, or for reasons beyond its control or generally for any reason whatsoever within their sole discretion. In such an event, all Participants waive any rights that they may have/purport to have in terms of this Campaign and acknowledge that they will have no recourse against the Organisers whatsoever.
  2. The Organisers shall not be liable for cancellation, suspension, or termination of the Campaign for any reason whatsoever. The Participant waives any right which he/she may have against the Organisers as a result of such cancellation, suspension, or termination of the Campaign and completely indemnifies the Organisers from any claim arising therefrom.
  3. To the fullest extent permitted by law, by participating, the Participant indemnifies, releases and agrees to hold harmless the Organisers, they’re associated, holding and subsidiary companies, and its directors, officers, agents, representatives, shareholders, employees, successors and assigns from any and all claims or liability arising from participating in the Campaign, any Campaign-related activity.
  4. The Organisers are not liable for any technical failures affecting participation in the Campaign and they assume no liability in this regard.
  5. To the extent permitted by law, the Organisers will not be liable in any way whatsoever, for any claims arising from loss, injury, damage, harm, death or costs, suffered by a Participant in relation to this Campaign.
  6. South African law shall govern these Campaign terms and conditions and the Courts of South Africa shall have jurisdiction.
FREE DELIVERY FOR ORDERS OVER R500 IN SOUTH AFRICA, 2-4 WORKING DAYS DELIVERY, R80 GAUTENG, R120 NATIONWIDE.
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