Terms and Conditions
This website situated at www.localbrandshub.co.za is operated by Shop4me clothing PTY ( LTD) . These terms and conditions shall govern your use of and access to the Website, as well as the provision of any products or services ordered through shop4me. Certain services, promotions and features may have additional terms and conditions which are applicable to such services, promotions and features, which are incorporated by reference herein.
Your continued use of this Website after the posting of such revised version shall constitute your acceptance of the Terms, as revised.
OWNERSHIP & COPYRIGHT
The copyright in all clothing designs, photographs ,graphics, information, material and logos on the Website vests in The Brands Hub and its members and shall continue to vest in The Brands Hub and its members and no right, title or interest in any proprietary material or information contained in this Website is granted to you hereunder.
In order to create an account with The Brands Hub , you must be at least 18 years of age, and by creating an account and accepting these terms and conditions, you warrant and represent to The Brands Hub that you are not a minor and can form legally binding contracts under applicable law.
You may create a member account on the Website by registering your name, providing information about yourself and creating a username and password.
You hereby agree that all information requested and provided by you will be complete, current and accurate and that you will update such information whenever necessary. You are responsible for safeguarding the confidentiality of your username and password. You hereby agree not to disclose your username and/or password to any third party.
You hereby acknowledge and agree that you are solely responsible for any activities or actions taken or made under your account, irrespective of whether or not such activities or actions have been authorised by you, and you undertake to notify The Brands Hub immediately if you believe that your user name and/or password has become known to any other person or you become aware of any unauthorised use of your account. The Brands Hub shall not be liable for any loss or damages sustained by you or any third party as the result of any unauthorised use of your username, password, credit card or otherwise.
You agree and warrant that you will implement and comply with the above procedures.
We reserve the right to withdraw user names and passwords at any time without notice and in our sole discretion including but not limited to instances where we have reason to believe that such user name and password have been compromised and/or used by any person or organisation other than you.
USE OF THE WEBSITE
Subject to compliance with these Terms, The Brands Hub hereby grants to you a non-exclusive, non-transferable, limited right and license to access and use the Website, including any images, designs, templates, text, graphics, sounds, data, links and other materials incorporated into the Website (excluding the User Materials), solely as may be made available by The Brands Hub and solely for your own personal use. Unless otherwise expressly contained in these Terms, you may not reproduce, distribute, modify, transmit or publicly display any portion of the Website or create derivative works of any portion thereof without the prior written consent of The Brands Hub. Whilst using the Website, you agree not to:
impersonate any person or entity or use any fraudulent, misleading or inaccurate email address or other contact information;
interfere with, restrict or inhibit any other user from using the Website, including, without limitation, by means of “hacking” or defacing any portion of the Website;
violate any applicable laws or regulations;
upload to, transmit through, or display on the Website (a) any material that is unlawful, fraudulent, threatening, abusive, libellous, defamatory, obscene or otherwise objectionable, or which otherwise infringes The Brands Hub or any third party’s intellectual property or other rights; (b) any confidential, proprietary or trade secret information of any third party; or
transmit any software or other materials that contain any viruses, worms, trojans, defects, or other destructive items;
modify, adapt, translate, distribute, reverse engineer, decompile or disassemble any portion of the Website;
remove any copyright, trademark, or other notices of proprietary rights contained in or displayed on any portion of the Website.
Should you fail to comply with any of the above provisions, such failure shall constitute a material breach of these Terms and, in addition to any other rights or remedies The Brands Hub may have, The Brands Hub shall be entitled to immediately terminate your access to and use of the Website.
Either you or The Brands Hub may terminate your access to the Website and your account at any time, with or without prior written notice. Upon termination for any reason:
your right to access and/or use of the Website will immediately cease;
you will have no further access to any information, files or materials relating to your account, including, without limitation, any User Material.
The Brands Hub shall be entitled to delete all information, files and materials related to your account, and you acknowledge and agree that Shop4me shall have no liability whatsoever to you or any third party as a result of termination of your rights of access to your account and/or deletion of any information, files or materials related to your account.
In addition, Macaroon shall have no obligation whatsoever to make any such information, files or materials available to you following termination of your rights of access to your account.
DISCLAIMER OF WARRANTIES.
This Website and the information contained therein is provided “as is” and The Brands Hub makes no express or implied representations or warranties.
The Brands Hub does not warrant that the Website or information will be error-free or will meet any particular criteria of performance or quality. The Brands Hub expressly disclaims all implied warranties, including, without limitation, warranties of merchantability, title, fitness for a particular purpose, non-infringement, compatibility, security and accuracywhilst The Brands Hub has taken reasonable measures to ensure the integrity of this Website and its contents, no warranty, whether express or implied is given that any files, downloads or applications available via this Website are free of viruses, trojans, bombs, time-locks or any other data or code which has the ability to corrupt or affect the operation of your system.
Without limiting the foregoing, The Brands Hub makes no warranties:
regarding the security, accuracy, reliability, timeliness and performance of the Website; or
regarding the goods, services, advice, information or links provided by any third parties.
No advice or information, whether oral or written, obtained by you from The Brands Hub, will create any warranty not expressly stated in these Terms.
RISK & LIMITATION OF LIABILITY
Your use of this Website and the information contained therein is entirely at your own risk and you assume full responsibility and risk of loss resulting from the use thereof. Neither The Brands Hub, its affiliates, members, agents, consultants or employees will be liable for any damages whatsoever, including, without limitation any direct, indirect, special, incidental, consequential or punitive damages, whether in an action arising out of contract, statute, delict or otherwise, relating to the use of this Website or the information contained therein.
You acknowledge and agree that your sole remedy for dissatisfaction with the Website shall be to stop using the Website and/or terminate your account.
You hereby agree to defend, indemnify, and hold harmless The Brands Hub, its Staff and its members, affiliates, partners and distributors from and against any and all claims, liabilities, causes of action, damages, losses, and expenses, including, without limitation, reasonable legal and expert fees, arising out of or in any way connected with your access to or use of the Website, any actions or activities in connection with the Website, any actions or activities in connection with your account, your violation of these Terms, or the violation of any other terms and conditions of any other agreements or terms to which you are bound with The Brands Hub. You agree that The Brands Hub may at any time, and without notice, suspend or terminate your access to the Website if you fail to comply with the Terms or any applicable law.
LINKS TO THIRD PARTY SITES
Linked sites are not subject to the control of The Brands Hub and The Brands Hub is not responsible for the contents of any linked site or any link contained in a linked site. The Brands Hub provides links to you only as a convenience and the inclusion of any link does not imply endorsement by The Brands Hub of such site.
JURISDICTION AND APPLICABLE LAW
Any dispute or purported dispute arising out of these Terms shall be governed by and construed in accordance with the law of the Republic of South Africa and all disputes, actions and other matters relating thereto will be determined in accordance with such law. The parties to any dispute arising out of this Website hereby consent and submit to the jurisdiction of the South Gauteng division of the High Court of the Republic of South Africa.