MAYYARANI.COM WEBSITE TERMS AND CONDITIONS OF USE OF THIS WEBSITE AND/OR SERVICES OFFERED BY MAYYARANI INNOVATIONS (PTY) LIMITED

10 July 2020

 

Please read these terms and conditions of use (“Site Terms”) carefully. By accessing or using this Website www.mayyarani.com (“Site”), you agree to be bound by the Site Terms described herein and by all terms, policies and guidelines incorporated by reference. If you do not agree to all of these Site Terms, do not use this Site.

These Site Terms apply to your use of this Site and do not alter in any way the terms or conditions of any other agreement you may have with Mayyarani Innovations (Pty) Ltd trading as Mayyarani (“Mayyarani” or “us”, “we”, “our”), its subsidiaries or affiliates (including registered third party Sellers on the Site) and you represent and warrant that you are over the age of 18 and are lawfully able to accept these Site Terms. If you are using the Site on behalf of any entity, you further represent and warrant that you are authorised to accept these Site Terms on such entity’s behalf, and that such entity agrees to indemnify Mayyarani for violations of these Site Terms.

 

GENERAL TERMS AND CONDITIONS OF USE

 

1.     Definitions

1.1       Mayyarani is a registered private, limited liability company, in accordance with the Companies Act 71 of 2008 of the Republic of South Africa.  It is a seller, a seller’s representative and renter of new and gently worn pre-owned garments.

1.2       Any reference to Mayyarani” or “us”, “we”, “our” shall include, by not be limited to, any third party registered as a Seller or Consignee on our Site who offers their own stock of new and gently worn pre-owned garments for sale or rental on the site (“the Seller/Consignees”)

1.3       The term “Client”, “you” or “your” are synonymous and refer to a person or an organisation who wishes to access the Site for information, online sales of rental of garments from this Site or the use of any ancillary services offered by Mayyarani.

 

2.     Privacy Policy

We are committed to protecting your privacy. Please refer to our Website Privacy Policy on www.mayyarani.com for information on how we collect, use and disclose personal information. The terms of our Website Privacy Policy on www.mayyarani.com (as amended from time to time) are incorporated herein by this reference.

Should you not wish us to use the personal information, please send an email to info@mayyarani.com

 

 

3.     Ownership of the Site and its Contents

3.1       You acknowledge that this Site is owned by, and all intellectual property rights herein vest in, Mayyarani, our licensors, advertisers or third-party content providers (as applicable) and that any unauthorised use thereof is expressly prohibited. Unless otherwise indicated, all of the content featured or displayed on this Site, including, but not limited to, text, graphics, data, photographic images, moving images, sound, illustrations, software, and the selection and arrangement thereof (“Site Content”), is owned by Mayyarani, our licensors, Seller/Consignees (where indicated), advertisers or third-party content providers (as applicable).

3.2       All elements of the Site, including the Site Content, are protected by copyright, trade dress, moral rights, trademark and other laws relating to the protection of intellectual property

3.3       We reserve the right at any time to change or discontinue without notice, any aspect or feature of the Site.

3.4       You may view, electronically copy and print portions of the Site for your personal use and for purposes of purchasing or renting garments.  Any other use, including reproduction other than as aforesaid, amendment/modification, or distribution, without our prior written consent, is strictly prohibited and constitutes an unlawful infringement of our intellectual property rights.

  

4.     Disclosures required by Section 43 of the Electronic Communications and Transactions Act, 25 of 2002

Full Registered Name: Mayyarani Innovations (Pty) Ltd

Registration Number: 2017/035773/07

General Manager:  Umayya Theba

Postal Address:  Private Bag X1, IFV 2154, Pierre van Ryneveld, 0045.

Telephone Number:  +27 82 666 6696

Email Address:  info@mayyarani.com

Website Address:   www.mayyarani.com

Our webmaster can be contacted at info@mayyarani.com

  

5.     Application of these Website Terms and Conditions of Use

5.1       These Website Terms and Conditions of Use shall apply to all Clients, Sellers and Consignees and any member of the public wishing to interact with Mayyarani through the Site, except where otherwise provided herein. This includes persons who merely wish to browse on the Site.

5.2       These Terms and Conditions shall be incorporated in and shall apply consistently to every Agreement entered into between Mayyarani, its Seller/Consignees and Clients, regardless of whether such Agreement is concluded orally, in writing or by digital acceptance.

 

6.     General Terms of Use of the Site 

6.1       This Site and the Site Content are intended for use by Clients, Sellers/Consignees solely to provide information about our products and services or assist in making legitimate purchases or subscription to our newsletter. Save as otherwise provided in any other Agreement, you may not use this Site or the Site Content for anything other than personal and non-commercial purposes. Save as otherwise provided in any other Agreement, you are specifically prohibited from: (a) printing, downloading, copying, adapting or re-transmitting any or all of the Site or the Site Content otherwise than through your bona fide, personal, non-commercial use of the Site without, or in violation of, a written license or agreement with us; (b) using any data mining, robots or similar data gathering or extraction methods; (c) manipulating or otherwise displaying the Site or the Site Content by using framing or similar navigational technology; (d) registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party if you are not expressly authorised by such party to do so; and (e) using the Site or the Site Content other than for their intended purpose. Such unauthorised use may also violate applicable laws including, without limitation, copyright and trademark laws, the laws of privacy and publicity, and applicable communications legislation and regulations.

6.2       You represent and warrant that you will comply with all applicable laws and regulations, including, without limitation, those relating to the internet, data, electronic communications, privacy, and the transmission of data exported from the Republic of South Africa, or the country from which you export the data, the country where data is downloaded, or the country in which you reside.

6.3       You agree that you may not upload any data which is malicious, false, misleading, fraudulent or offensive in content.  Any breach of this term constitutes a material offence and may result in the removal of such information and/or refusal by Mayyarani to allow any further dealings with the Client or Seller/Consignee concerned, and/or possible prosecution with the relevant authorities.  In such event, you shall have no claim or claims of whatsoever nature or kind against Mayyarani arising out of such cancellation.

6.4       Neither Mayyarani, nor any person for whom it is vicariously liable at law, will be responsible for consequences of any nature which may arise from force majeure incidents, being those beyond its control; and specifically, not limited to, any misuse of a Client’s personal data that results from the abuse or sharing of a Mayyarani Client’s access codes, if applicable.  On the rare occasion that this may occur, Mayyarani will provide a record to indicate which Clients or Sellers/Consignees have had access to the information.

6.5       Mayyarani is committed to secure and encrypt storage of the personal information of Clients and Sellers/Consignees.  The nature of its business is to have this information accessible to its Clients.  Under no circumstances will Mayyarani give or sell any information relating to Clients or Sellers/Consignees to third parties, or organisations it deems are not entitled to receipt of such information, or where it deems abuse of this access will occur.

6.6       Abuse of this Site may result in you being denied access to such facilities, at the sole discretion of Mayyarani.

6.7       You agree to abide by these terms and conditions in respect of any garment sales or rental s or registration for our newsletter or other services for which fees may be charged and that you are responsible for all charges, fees, duties and taxes arising out of the use of this Site.

6.8       Mayyarani shall use reasonable endeavours to keep the system available and maintain full system functionality at all times.  You agree that Mayyarani shall not be liable to you or any other person in respect of any loss or damage arising from the unavailability of, or interruption in, the service.

6.9       You must sign out / log off of the Site once you have finished using the Mayyarani Site.  If you do not do this, unauthorised transactions may result, for which we will not be liable.

 

7.     Trademarks

Our logos and any other product or service name or slogan contained in the Site are registered or unregistered trademarks of Mayyarani and our suppliers, Sellers/Consignees or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Mayyarani or the applicable trademark holder. You may not use metatags or any other HTML tags, comments or hidden text utilising “Mayyarani”, or any other name, trademark or product or service name of Mayyarani without our prior written permission. In addition, the look and feel of the Site (including, without limitation, all page headers, custom graphics, button icons and scripts) is the service mark, trademark and/or trade dress of Mayyarani and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

  

8.     Links

8.1       You may not use a Mayyarani logo or other proprietary graphic of Mayyarani to link to this Site (or any other site) without our express written permission. Further, you may not frame any of our trademarks, logos or other proprietary information, including the Site Content, without our express written consent.

8.2       We make no claim or representation regarding, and accept no responsibility for, directly or indirectly, the quality, content, nature or reliability of third-party Websites accessible by hyperlink from the Site, or Websites linking to the Site. Such sites are not under our control and we are not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. We provide such links (if any) to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by us of any site or any information contained therein. When you leave the Site, you should be aware that Mayyarani’s terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.

8.3       Your participation, correspondence or business dealings with any third party found on or through the Site, regarding the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that we will not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.

 

9.     Advertising

It is our intention to only send you email communications that will be useful to you and that you want to receive.  When you create a personal account, subscribe to our newsletter, or purchase/rent garments and provide your email address, we will periodically contact you via email and provide information about special offers and promotions that may be of interest to you. These communications will relate to Mayyarani and its Sellers/Consignee’s offers which may also include the promotions of select, reputable third parties with whom Mayyarani has a strategic marketing relationship because they offer products or services that we believe would be of interest to you. When we make use of third party email service providers to send the aforesaid emails, these service providers are prohibited from using your email address for any purpose other than to send Mayyarani-related email.

Should you not wish to receive these email communications, please send an email to info@mayyarani.com

 

10.  Verification

10.1     You acknowledge and agree that Mayyarani shall be entitled to establish the authenticity of any communication transmitted to it by way of the Internet which purports to emanate from you.  You agree that all instructions, consents, commitments, reservations and any other communications which are sent to Mayyarani by way of the Internet and which may (as a result of, inter alia, interception, equipment malfunction, the distortion of communication links or any other reason whatsoever) be different from the details actually sent or given, or may not have been given by you at all, shall be deemed to have been given by you in the form actually received by Mayyarani and you will be bound by such details with no liability whatsoever attached to Mayyarani in regard thereto.

10.2     You waive any rights you may have or obtain against Mayyarani arising directly or indirectly from any loss or damage of whatsoever nature which you may suffer as a result of the fact that Mayyarani acts on your instructions or instructions purported to emanate from you.  You agree to and hereby indemnify Mayyarani against all and any claims, liabilities, losses, costs, fines, damages and expenses incurred (whether directly or indirectly) by you, arising as a result of the fact that Mayyarani has acted on your instructions or instructions which purport to emanate from you.

  

11.  Commercial Terms of Use of this Site

The Commercial Terms of Use of this Site including policies in respect of refunds and returns are set out in the documents entitled:

Terms of Sale;

Seller Terms of Registration;

Terms of Rentals

All of which are located on our homepage and which may be updated from time to time.  Please ensure these terms are carefully reviewed before renting, purchasing or registering as a Seller/Consignee on our Site.

 

12.  Warranties and Undertakings

12.1     You undertake to conduct all dealings with Mayyarani and other users of the Site with the utmost good faith and in accordance with all applicable laws.

12.2     You warrant that every instruction and all information given by you to Mayyarani shall be accurate, true and correct.

12.3     Mayyarani makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding, without limitation, the Site, its content and/or accuracy thereof, any services provided via this Site or the suitability of any of the services for a particular purpose or the effectiveness of any security or encryption facilities.

12.4     Mayyarani does not warrant that the functions provided by the Site will be uninterrupted or error free, or that the Site or the server that makes it available are free from viruses or other harmful components.

12.5     Mayyarani, its trustees, directors, employees, agents or representatives shall not be responsible for any loss, liability, damage (whether direct, indirect or consequential) or expense of any nature whatsoever which may be suffered by you, the recipient of any services or any third party arising from or as a result of the conclusion of any agreement for the services, or as a result of or which may be attributable (directly or indirectly) to your use of or reliance on the Site, including any information provided thereon, services provided via this Site; any viruses that may infect your computer or other property on account of your access to and/or use of the Site; the efficacy of any security or encryption facilities; or the Internet and you indemnify and hold Mayyarani harmless in respect of any loss, liability, damage (whether direct, indirect or consequential) or expense of any nature whatsoever, which may be suffered by you or any third party as a result of or which may be attributable, directly or indirectly, to any of the aforesaid.

12.6     You agree that you will not, in using the Site, infect it with any computer programming, including but not limited to a virus, that may damage, interfere with, delay or intercept data or information on the Site and you indemnify and hold Mayyarani harmless for any damage or loss caused by any such act.

  

13.  Indemnification

You agree to defend, indemnify and hold us harmless, as well as our trustees, subsidiaries, affiliates, licensors, employees, agents, sponsors, third party information providers and independent contractors, against any and all claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to your use of the Site (including, without limitation, any information you disclose in any dealings you have with any other user of the Site), your conduct, your use of or inability to use the Site, your breach or alleged breach of the Site Terms or of any representation or warranty contained herein, your unauthorised use of the Site Content, or your violation of any rights of another.

 

14.  Disclaimer

14.1     This Site and the Site Content are provided “as is” and we and our trustees, directors, members, employees, content providers, agents and affiliates exclude, to the fullest extent permitted by applicable law, any warranty, express or implied, including, without limitation, any implied warranties of merchantability, satisfactory quality or fitness for a particular purpose. We will not be liable for any damages of any kind arising from the use of this Site or the Site Content, or the unavailability of the same, including, but not limited to, business interruption, loss of business information, loss of data, loss of profits and any direct, indirect, incidental, punitive, special or consequential damages. The functions embodied on or in the materials of this Site are not warranted to be uninterrupted or without error. You, not us, assume the entire cost of all necessary servicing, repair or correction due to your use of this Site or the Site Content. We make no warranty that the Site or the Site Content are free from infection by viruses or anything else that has contaminating or destructive properties.

14.2     We use reasonable efforts to ensure the accuracy, correctness and reliability of the Site Content, but we make no representations or warranties as to the Site Content’s accuracy, correctness or reliability.

14.3     We do not have direct control over all of the Site Content, make no representations or warranties whatsoever in respect thereof and expressly disclaim any liability in connection therewith. If you find the Site Content, or any part thereof, offensive or believe that any of the Site Content infringes upon any copyright that you own or control, you may file a notification of such complaint or infringement at info@mayyarani.com

 

15.  Limitation of Liability

In no event shall we, our trustees, directors, members, employees or agents be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including, but not limited to, loss of use, loss of profits or loss of data, whether in an action in contract, delict (including, but not limited to, negligence) or otherwise, arising out of or in any way connected with the use of the Site, the Site Content or the materials or services contained in or accessed through the Site, including, without limitation, any damages caused by or resulting from your reliance on any information obtained from us, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorised access to Mayyarani’s records, programs or services. In no event shall our aggregate liability, whether in contract, warranty, delict (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the Site exceed any compensation you pay, if any, to us for access to or use of the Site.

  

16.  Governing Law

These Site Terms are governed by and will be interpreted according to the laws of South Africa and all disputes, claims and other matters in connection with these Site Terms will be determined in accordance with such laws and in the Courts of South Africa who have jurisdiction to hear the matter.

 

17.  Termination

Notwithstanding any of these Site Terms, we reserve the right, without notice and in our sole discretion, to terminate your account and/or to restrict or block your use of the Site.

 

18.  Miscellaneous Provisions

18.1     These Site Terms together with our Privacy Policy, Terms of Sale, Terms of Registration and Terms of Rental constitute the sole record of the agreement between you and us in relation to your use of the Site. Neither you nor us will be bound by any express, tacit or implied representation, warranty, promise or the like not recorded herein. Unless otherwise specifically stated these Site Terms supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and us in respect of your use of the Site. Notwithstanding the foregoing, our licensors, advertisers or third-party content providers may be granted access to the Site by virtue of a separate written agreement with Mayyarani. If this applies to you, these Site Terms must be read in conjunction with such agreement which takes precedence over these Site Terms in the event of any conflict.

18.2     Failure or neglect by us to enforce at any time any of the provisions of the Site Terms will not be construed as a waiver of our rights. Any waiver of any provision of the Site Terms will be effective only if in writing and signed by us.

18.3     If any clause in these Site Terms is found to be unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect.

18.4     Any rights not expressly granted herein are reserved.

 

19.  Changes to Site Terms 

Mayyarani reserves the right to change any of the terms and conditions contained in the Site Terms or any policy or guideline of the Site, at any time and in our sole discretion. When we make changes, we will revise the “Last Updated” date at the top of these Site Terms. Any changes will be effective immediately upon posting on the Site. Your continued use of the Site following the posting of changes will constitute your acceptance of such changes. We encourage you to review the Site Terms whenever you visit this Site.

 

20.  Contact Information

Questions or comments about the Site or Site Terms may be directed to info@mayyarani.com or 082 666 6696.

 

 

MAYYARANI.COM WEBSITE TERMS OF SALE OF PRODUCTS INCLUDING REFUNDS AND RETURNS OFFERED BY MAYYARANI INNOVATIONS (PTY) LIMITED

Last updated: July 2020 

Please read these terms and conditions of sale (“Sale Terms”) carefully. By accessing or using this Website www.mayyarani.com (“Site”), you agree to be bound by the Sale Terms described herein and by all terms, policies and guidelines incorporated by reference. If you do not agree to all of these Sale Terms, do not purchase garments from this Site.

These Sale Terms apply to any purchase you make from the Site and do not alter in any way other terms on the Site and terms or conditions of any other agreement you may have with Mayyarani Innovations (Pty) Ltd trading as Mayyarani (“Mayyarani” or “us”, “we”, “our”), its subsidiaries or affiliates (including registered third party sellers on the Site) and you represent and warrant that you are over the age of 18 and are lawfully able to accept these Sale Terms. If you are using the Site on behalf of any entity, you further represent and warrant that you are authorised to accept these Sale Terms on such entity’s behalf, and that such entity agrees to indemnify Mayyarani for violations of these Sale Terms.

 

 

 

SALE TERMS OF PRODUCTS PURCHASED ON THE SITE

1.     Definitions

Mayyarani is a registered private, limited liability company, in accordance with the Companies Act 71 of 2008 of the Republic of South Africa.  It is a seller, a seller’s representative and renter of new and gently worn pre-owned garments.

Any reference to Mayyarani” or “us”, “we”, “our” shall include, but not be limited to, any third party registered on our Site who offers their own stock of new and gently-worn pre-owned garments for sale or rental on the site (“the Sellers/Consignees”)

The term “Client”, “you” or “your” are synonymous and refer to a person or an organisation who wishes to access the Site for information, online sales of rental of garments from this Site or the use of any ancillary services offered by Mayyarani.

 

2.     Hosting

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our garments and provide rental services to you.

 

3.     Sale Terms 

3.1       The specification of all garments offered via this Site are contained on the Start Shopping tab on the Site. We try to ensure that all garments that appear on this Site are displayed and described in full and accurately. Kindly notify us immediately if you become aware of any omissions or inaccuracies pertaining to such display and description at info@mayyarani.com

3.2       Due to the nature of the garments we sell, there is limited availability of garments (including pursuant to any special promotion) displayed or made available via this Site. All prices displayed on this Site are in South African Rands and apply only to delivery in the Republic of South Africa. We may without prior notice change the price, discontinue the availability or change the description of garments or special promotions that are displayed on or made available via this Site. Special promotions may be subject to certain additional terms and conditions which will be clearly set out. 

3.3       This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

3.4       All prices indicated as applying to garments on this Site:

3.4.1           Will include VAT but exclude any other taxes and duties such as customs duties, which, unless otherwise indicated, will be charged separately.

3.4.2           Will Include delivery fees in South Africa.

3.4.3           Are subject to change without notice at any time before garments are purchased and paid for. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

3.5       In order to purchase garments you must be over the age of 18 and able to conclude binding contracts. If you do not comply with the aforesaid you may not purchase garments. We may require you to provide us with suitable documents proving your age and/or legal capacity prior to accepting any order from you.

3.6       Goods are purchased online by selecting the garments on the “Start shopping tab”, by accepting the contents of your cart and by making a payment using our secure payment gateway. Our Site purchasing process will provide you with an opportunity to review the entire transaction, to correct any mistakes and to withdraw from the transaction before finally making a payment.

3.7       Once submitted, your order will constitute an offer on the terms and conditions contained in these terms and conditions that is open for acceptance by us to conclude a binding agreement with you. No conflicting terms or conditions incorporated by you in your order will form part of any agreement concluded between us. Upon receipt of your order, we will send an acknowledgement by electronic mail to the address specified in your order to confirm that your order has been received. Such acknowledgement will not constitute acceptance of your order and no binding contract will come into being as a result thereof. 

3.8       Once we have assessed your order and our stock availability we will send a notice to you indicating our acceptance or rejection of your order. Such notice will be sent to you by electronic mail to the address specified in your order. A legally binding contract will be formed between us upon the earlier of (i) our sending of such a notice accepting your order to you, or (ii) our delivery to you of any of the garments ordered. We reserve the right to reject any order placed by you and we will notify you by electronic mail if this is the case.

3.9       Please note that while we will try to send to you an acknowledgement and notice of acceptance or rejection for every valid order we receive from you, we cannot guarantee that such acknowledgements and notices will be received by you, nor that, if they are received by you, that they will be legible and uncorrupted. Your failure to receive such acknowledgement or notice will not affect the validity of the agreement concluded between us in respect of an order. If you do not receive a confirmation notice after submitting your order, or if you experience an error message or service interruption after submitting your order, you should confirm with us whether or not your order has been received and processed at info@mayyarani.com 

3.10     The information you have submitted with your order will be processed as you have provided it. If you realise that an error has been made or that you need to make a change to such information, you should contact us immediately at info@mayyarani.com. Please remember that we accept no liability and no payments will be made for any losses resulting from such error.

3.11     A complete record of your order will be sent to the email address you provide to us during the ordering process. You should retain such record. We will also retain records of completed orders previously placed by you via this site for a period of at least 6 (six) months, but they will not be available on this Site. For access and information on such records you can contact us at info@mayyarani.com or 082 666 6696.

3.12     If any problems arise in respect of delivery or the handling of your orders, please contact us at info@mayyarani.com or 082 666 6696.

 

4.     Quality

4.1       We do our best to procure garments of a high quality made from enduring fabrics and securely-fit embellishments and hardware. While we attempt to ensure that all garments added to our gently-worn collection are in a clean, decent and wearable condition, we sell pre-owned goods which may have been altered/modified from their original state and may show evidence of general wear (fabric marks, scuffs and missing hardware) which is unavoidable and typical of second-hand clothing.

4.2       Our garments are often in very limited quantities or are single unique items and are subject to return or exchange only according to our Return and Refund Policy, below.

4.3       We have made every effort to display as accurately as possible the colours and images of our garments that appear at the store, however we cannot guarantee that your computer monitor's display of any colour will be accurate.

4.4       We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any garments at any time.

4.5       Should we note any defects which are repairable we will declare this on the garment description on the shop catalogue on the Site.

4.6       We will not be liable financially or otherwise for any defects in this regard and the onus is on the buyer to make further/additional repairs and alterations at their own cost. Further discounts on pricing will not apply as such wear or defects have already been factored into the discounted pricing.

4.7       A tamper-proof tape (or other label) may be attached to garments in some instances. We (and our sellers) will NOT accept returns nor issue refunds on items returned which do not have the tamper-proof tape (or other label) attached. In this case, the garment(s) will be returned to you at your own cost. 

4.8       If you are nevertheless not satisfied with the garment, please return it in the same condition you received it in accordance with our Returns and Refunds Policy on the Site.

 

 5.     Payment 

5.1       We will not be obliged to deliver any garments to you prior to receiving full payment of the full agreed purchase price payable for such garments.

5.2       Any sale of goods by us to you through this Site shall be subject to all the terms and conditions set out on the Site and by clicking the “Payment” button, you:

5.2.1           accept all terms and conditions contained in this Site.

5.2.2           you warrant that you have provided current, complete and accurate account information for all purchases made on this Site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

5.2.3           you authorise us to debit your designated account with the relevant amounts due for the garments ordered. Such authorisation will allow us to obtain payment at any time after our acceptance of your order, although such acceptance may be prior to our delivery of such garments. Should we be unable to duly effect such payment for any reason your order may be cancelled.

5.2.4        you warrant that you are duly authorised to make payments from the account designated by you.

5.2.5           authorise us to pay all amounts to be refunded to you into such account.

5.3       A payment gateway, Payfast, is operational on this Site. All major VISA or Mastercard credit or debit cards will be accepted. Credit facilities are available through MobiCred – please see below. 

5.4       Any credit/debit card or payment details supplied will be charged instantly. Should the transaction be successful the sale will be confirmed via Payfast or email and the payment posted onto your order.

5.5       If a transaction is authorised by Payfast or your bank, you will receive on-screen confirmation of your purchase. Should the transaction be declined by Payfast or the bank, you will also receive notification of this on screen and no purchase shall be made. 

5.6       Charges and refunds will always be processed in South African Rands.

5.7       Comments and queries with regard to payments should be emailed with full detail including the reference number to Payfast or to the Company on info@mayyarani.com or 082 666 6696. 

5.8       On confirmation of a purchase, an email will be generated and dispatched to you. The email address provided by you will be used to send the receipt. It is advised that you print the confirmatory email receipt for your record purposes.

5.9       MobiCred:

5.9.1           We have online credit facilities available through Mobicred, which is a simple and convenient revolving credit facility that allows you to safely shop online with more than 1,600 online stores in South Africa. Mobicred will pay for the garment you want to purchase at checkout, and then you will make instalment payments on agreed terms to Mobicred. To qualify for a Mobicred loan, you must have an existing Mobicred account. 

5.9.2           To utilise this facility please register at www.mobicred.co.za and provide documentation for approval of this credit facility. Approval may take up to 2 (two) business days.

5.9.3           Once registered, you will be given a username and password to be used during the payment process. You will select the MobiCred option at checkout and will need to log in. Login will prompt a One-Time PIN (OTP) to be sent to your registered cellphone number in order to reserve the funds. Once entered, you will automatically be directed back to our checkout page and your order will be processed. 

 

6.     Delivery 

6.1       Delivery will be done by an appointed courier company and delivery normally takes 2-5 (depending on location) business days once the order has been confirmed and the funds received in our bank account. Unless a delay in delivery is agreed between us (the seller) in writing, you agree that delivery of all garments ordered may commence immediately.

6.2       Delivery will usually occur on Business Days during our business hours and the courier company will endeavour to arrange such delivery with you in advance. All such arranged times are estimates only and you should not rely on such times. We will not be liable for failing to deliver at the pre-arranged time.

6.3       You agree to accept delivery, notwithstanding that we are unable for any reason to deliver to you all of the garments ordered. We will notify you if we are unable to deliver any specific garments ordered as soon as we become aware thereof and in such case we will fully refund you the purchase price paid for such undelivered items within 30 days of such notice.

6.4       Upon delivery of the garments, you or any person accepting delivery on your behalf will be required to sign a copy of the delivery note. We are entitled to assume that anyone other than yourself who receives delivery of the garments at the specified delivery address is authorised to accept delivery on your behalf. 

6.5       We are entitled to charge additional delivery fees for failed deliveries to the specified delivery address if nobody is present to accept delivery at a prearranged time.

 

7.     Risk and Title

Risk in the garments ordered shall pass to you upon delivery to you or upon delivery at the specified delivery address to anyone accepting delivery on your behalf. Ownership and title in the garments purchased by you shall remain with us (or the seller) until they are delivered to you and payment for such garments has been received in full at which time they shall pass to you.

 

8.     Cancellation, Returns and Refunds Policy

8.1       You may cancel any order for garments submitted via this Site at any time prior to our shipment thereof by sending a cancellation notice to info@mayyarani.com or 082 666 6696. When you cancel an order you must provide us with the applicable order reference number. We will refund you within 15 (fifteen) Business Days of cancellation any amount paid to us in respect of such cancelled order provided that we will be entitled to retain any delivery costs already incurred to transport the relevant garments to you.

8.2       As all our garments are gently-worn, pre-owned items and made available for purchase at a much-reduced purchase price you may only return delivered garments within 7 (seven) Business Days after taking delivery of the garments (“Return Period”). On expiry of the Return Period you may no longer return the garments and no further refunds or exchanges will be permitted.

8.3       To be eligible for a return and a refund, your item must be in the same condition that you received it, and the tamper-proof tape (if initially attached) must still be in place. You are also responsible for arranging overnight delivery by courier at your own risk and cost to the seller's address. This means that should the garments go missing or be damaged in transit you will still be liable for the cost thereof until it's received safely by us or the seller. Accordingly you should use trackable delivery agents and pay insurance for the item. If you receive a refund, the cost of return delivery will be deducted from your refund, if we have arranged or paid for same. 

8.4       Once your return is received and inspected, we will send you an email to notify you that your returned item was received. You will also be notified of the approval or rejection of your refund.

8.5       If your return is approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within 15 (fifteen) Business Days of approval of the refund, or such longer period as the third-party payment provider may advise us.

8.6       There are certain situations where only partial refunds are granted, if applicable (less the delivery cost of the return): 

8.6.1           Any item - still with its tamper-proof tape in place - is damaged.

8.6.2           Where the garment appears worn or soiled; and

8.6.3           Where the garment does not arrive at our delivery address.

8.6.4           Delivery/courier costs are never refundable. 

8.7       If after 15 (fifteen) Business Days of our approval of the refund you have not received your refund, please: 

8.7.1           First check your bank account again and the banking details you provided. 

8.7.2           Then contact your credit/debit card company, as it may take some time before your refund is officially posted. 

8.7.3           Next contact your bank. There is often some processing time before a refund is posted. 

8.7.4           If you’ve done all of this and you still have not received your refund yet, please send an email to info@mayyarani.com

8.8       Due to the nature of the garments being mostly once-off items, exchanges are in most instances not possible. Kindly return garments in accordance with our Returns Policy and we will refund you. Should you insist on an exchange please email info@mayyarani.com and we will do our best to provide assistance if possible.

  

9.     Personal Information:

Your submission of personal information to the Site is at all times governed by our Privacy Policy. 

 

10.  Disclaimers and Limitation of liability

10.1     All disclaimers and Limitation of Liability applicable in respect of these terms is set out in this document or the Website Terms of Use and are incorporated in here by this reference. 

10.2     These Terms of Sale and the Terms of Use and Privacy Policy posted by us on this Site constitutes the entire agreement and understanding between you and us and govern your use of the Site, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of and terms and conditions on this Site).

 

11.  Changes to Site Terms

Mayyarani reserves the right to change any of the terms and conditions contained in these Sale Terms or any policy or guideline of the Site, at any time and in our sole discretion. When we make changes, we will revise the “Last Updated” date at the top of these Terms. Any changes will be effective immediately upon posting on the Site. Your continued use of the Site following the posting of changes will constitute your acceptance of such changes. We encourage you to review the Sale Terms whenever you visit this Site or before making a purchase.

  

12.  Contact Information

Questions or comments about the Site or Site Terms may be directed to info@mayyarani.com or 082 666 6696.

 

 

MAYYARANI.COM WEBSITE TERMS AND CONDITIONS APPLICABLE TO REGISTERED SELLERS AND CONSIGNEES OF MAYYARANI.COM 

15 July 2020

Please read these terms and conditions for registration as a Seller and or Consignee (“Seller Terms”) carefully before registering. By registering or using this Website www.mayyarani.com (“Site”), you agree to be bound by the Seller Terms and all other terms and conditions which appear on the Site and which are incorporated by reference including the Sale Terms, Site Terms and Privacy Policy. If you do not agree to all these Seller Terms, please do not register as a Seller and/or Consignee or use this Site.

These Seller Terms apply to your registration as a Seller and/or Consignee to sell your gently worn pre-owned garments and do not alter in any way the terms or conditions of any other agreement you may have with Mayyarani Innovations (Pty) Ltd trading as Mayyarani (“Mayyarani” or “us”, “we”, “our”), its subsidiaries or affiliates (including other registered third-party sellers on the Site) and you represent and warrant that you are over the age of 18 and are lawfully able to accept these Seller Terms. If you are using the Site on behalf of any entity, you further represent and warrant that you are authorised to accept these Seller Terms on such entity’s behalf, and that such entity agrees to indemnify Mayyarani for violations of these Seller Terms.

 

GENERAL TERMS AND CONDITIONS FOR REGISTRATION AS A SELLER ON MAYYARANI.COM

  1. Definitions

1.1       Mayyarani is a registered private, limited liability company, in accordance with the Companies Act 71 of 2008 of the Republic of South Africa.  It is a seller, a seller’s representative and renter of new and gently worn pre-owned garments.

1.2       The term “Seller”/”Consignee” or “you” or “your” are synonymous and refer to a person or an organisation who wishes to register on the Site as a Seller and/or Consignee of gently worn pre-owned garments and to use the ancillary services offered by Mayyarani.

 

  1. Privacy Policy

We are committed to protecting your privacy. Please refer to our Website Privacy Policy on www.mayyarani.com for information on how we collect, use and disclose personal information. The terms of our Website Privacy Policy on www.mayyarani.com (as amended from time to time) are incorporated herein by this reference.

Should you not wish us to use the personal information, please send an email to info@mayyarani.com.  

 

  1. Ownership of the Site and its Contents

3.1       You acknowledge that this Site is owned by, and all intellectual property rights herein vest in, Mayyarani, our licensors, advertisers or third-party content providers (as applicable) and that any unauthorised use thereof is expressly prohibited. Unless otherwise indicated, all of the content featured or displayed on this Site, including, but not limited to, text, graphics, data, photographic images, moving images, sound, illustrations, software, and the selection and arrangement thereof (“Site Content”), is owned by Mayyarani, our licensors, other sellers (where indicated), advertisers or third-party content providers (as applicable).

3.2       All elements of the Site, including the Site Content, are protected by copyright, trade dress, moral rights, trademark and other laws relating to the protection of intellectual property

3.3       We reserve the right at any time to change or discontinue without notice, any aspect or feature of the Site.

3.4       You may view, electronically copy and print portions of the Site for your personal use and for purposes of purchasing or renting garments.  Any other use, including reproduction other than as aforesaid, amendment/modification, or distribution, without our prior written consent, is strictly prohibited and constitutes an unlawful infringement of our intellectual property rights.

 

  1. Registration as a Seller or Consignee

4.1       A third party wanting to sell their own garments may do so by either:

4.1.1           Registering directly on the Site as a Seller;

4.1.2           As a Consignee and send your garments to us on consignment where we will list your garments for sale on our Site.

4.2       On registration on our Site you are required to provide personal information in order that we may assist you and effect payments.  All personal information provided is subject to our Privacy Policy and will be used only for the purposes of advertising, selling and paying you for your garments.

4.3       When registering as a Seller/Consignee you are also bound to all the Sale Terms (to the extent applicable to you as the Seller in the place of Mayyarani), the Site Terms and the Privacy Policy.  If you breach any of these terms and cause loss or damage to a client/purchaser you agree to fully indemnify and hold Mayyarani harmless against all loss or damage which a client/purchaser may claim from Mayyarani.

 

  1. Consignment

5.1       On application as a Consignee, we will send a confirmation email requesting further information from you regarding the garments you wish to sell.

5.2       Should we approve the sale of the garments on consignment, which we shall do by notice in writing to you, then you are required to clean, repair and do all things necessary to ensure the garment is in a saleable condition and courier it to our address as specified, where after we shall list the garment and endeavour to sell it on your behalf.

5.3       On listing of each garment we will require a payment of a listing fee per garment.  An invoice in this respect will be sent to you for payment. Payment must be made within 14 (fourteen) days of date of the invoice, failing which your listing(s) will be removed from the Site or we will suspend listing your garments until payment is received. The following services are provided for payment of the listing fee:

5.3.1           Professional photos of the garments;

5.3.2           Product added to our collection;

5.3.3           Local & international listings;

5.3.4           Exposure of the product on Facebook and Instagram;

5.3.5           Packaging and storage.

5.4       We do not warrant that we will be able to sell your garment.  Our only obligation is to store and list it on our Site for purchase by third parties and to pay you should it be sold.

5.5       Garments couriered to us are done so at your own risk and cost.  Whilst we hold the goods for you on consignment you will still be liable for all risk in and to the garment.  This means that we are not liable for any loss or damage caused to your garments while in our care, except which may arise due to our grossly negligent acts or omissions.  We therefore recommend that you insure all your garments whilst in our care.

5.6       On receipt of payment of your garments by the customer, we are required to wait a minimum of 7 Business Days during which time a customer may request a return and refund.  On expiry of this period we will pay you the purchase price received from the customer less all courier fees paid for delivery to the customer.

5.7       Garments will only be stored and listed with us for 6 (six) months.  On expiry of this period we will return your garments to you and remove the listing from our Site.

 

  1. Sales  

6.1       In order to register as a Seller on our Site you are required to sign up and register all your details directly on the Site. Your registration will provide access to a dedicated administration dashboard which manages your stock of garments and sales. Please ensure your profile is accurately completed by adding your e-boutique’s name, a logo, a banner, and a brief write-up which describes your store or style and the type of garments you list.

6.2       On registration as a Seller, we will send a confirmation email and provide further information regarding how to list the garments you wish to sell.

6.3       You must upload all garments for sale onto the Site by accurately completing all required information.  Note that a purchaser may hold you liable for errors and accordingly it is in your interest to correctly complete all data fields with as much information as possible, including faults and flaws.  A minimum of three (3) clear photos is required for each listed garment.  Kindly follow the further instructions and our requirements listed in our FAQs or by following these links: Step-by-step guide to list a productRead our photography guide

6.4       We reserve the right to approve all listings to ensure consistency and high quality.  Should we not approve a listing we will disapprove it on the Site and advise you of the reasons via email. Once you amend your listing so it meets our requirements, we will continue to approve the listing and it will reflect on our Site. Should we approve the listing, please ensure the garments are clean and repaired, and do all things necessary to ensure the garment is in a saleable condition and ready for delivery.

6.5       You are required to price your own garments. Please follow our tips and suggestions in this respect on our FAQs. Take note that you are required to provide free delivery to a customer purchasing your garment (at your own risk and cost) and in this respect we suggest that an overnight courier fee and insurance always be added to your pricing.

6.6       Any errors in listing may be corrected at any time before a sale is made by following the procedure set out in our FAQs.  We are not liable to any party for any errors in your listing and you indemnify and hold us harmless from all such claims made against Mayyarani, its employees, directors, agents and representatives.

6.7       It is free to list as a Seller on our Site.

6.8       We do not warrant that your garment will be sold on the Site.  Our only obligation is to list it on our Site for purchase by third parties and to pay you should it be sold. We do advertise our Site on various social media platforms and you agree that we are permitted to do so. We do not guarantee any uptime or uninterrupted uptime of our Site as we are wholly reliant on third-party telecommunications and hosting service providers.

6.9       Customers pay Mayyarani directly through our various payment platforms for all products purchased on the Site. You will be notified of the sale and you must remove the listing on expiry of 14 Business Days. On receipt of payment of your garments by the customer, we are required to wait a minimum of 7 Business Days during which time a customer may request a return and refund. On expiry of this period we will pay you the price noted on your listing (amount received from the customer less our commission).  Should a customer return a garment and request a refund within the refund period, we will notify you and reverse their payment and no amounts will be paid to you.  In this event you may continue to keep the product listed for sale on the Site.

 

  1. General Terms applicable to all Sellers and Consignees

7.1       Mayyarani only accepts and lists the following products on the Site:

7.1.1           We accept garments and accessories from globally-renowned brands as well as local and international designers, but anything that’s beautiful, trendy, or good quality will be acceptable, including:

7.1.1.1             Evening, cocktail and casual dresses.

7.1.1.2             Jackets, coats and other outer wear.

7.1.1.3             Shirts and blouses

7.1.1.4             Trousers and skirts

7.1.1.5             Suits, including skirt suits and jumpsuits.

7.1.1.6             Wedding gowns

7.1.1.7             Traditional eastern wear and African attire

7.1.1.8             Some accessories like belts, face masks, crowns and tiaras.

7.1.2          T-shirts and underwear are not permitted for sale under any circumstances.

7.1.3           There is no limitation on the age of garments provided they are in good condition with limited wear and tear and not completely outdated.

7.1.4           Garments bought from mainstream retailers and department stores will only be accepted under certain conditions

7.2        Whether you are a registered Seller or Consignee our Sale Terms published on our Site are applicable between you and the customer. Accordingly, you may not amend any of the Sale Terms with a purchaser.

7.3       You agree that you will comply with the Mayyarani Privacy Policy and Website Terms of Use at all times and take particular note of all undertakings, warranties and indemnities noted in these documents, when using the Site and such terms are incorporated in this document by this reference. In particular, where you sell garments you will be directly liable to the Client in respect of all the Sale Terms applicable to Mayyarani to the extent they may apply.

 

  1. Governing Law

These Seller Terms are governed by and will be interpreted according to the laws of South Africa and all disputes, claims and other matters in connection with these Seller Terms will be determined in accordance with such laws and in the Courts of South Africa who have jurisdiction to hear the matter.

 

  1. Termination

Notwithstanding any of these Seller Terms, we reserve the right, without notice and in our sole discretion, to terminate your account and/or to restrict or block your use of the Site.

 

  1. Miscellaneous Provisions

10.1     These Seller Terms together with our Privacy Policy, Terms of Sale and Terms of Rental constitute the sole record of the agreement between you and us in relation to your use of the Site. Neither you nor us will be bound by any express, tacit or implied representation, warranty, promise or the like not recorded herein. Unless otherwise specifically stated these Seller Terms supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and us in respect of your use of the Site. Notwithstanding the foregoing, our licensors, advertisers or third-party content providers may be granted access to the Site by virtue of a separate written agreement with Mayyarani. If this applies to you, these Seller Terms must be read in conjunction with such agreement which takes precedence over these Seller Terms in the event of any conflict.

10.2     Failure or neglect by us to enforce at any time any of the provisions of the Seller Terms will not be construed as a waiver of our rights. Any waiver of any provision of the Seller Terms will be effective only if in writing and signed by us.

10.3     If any clause in these Seller Terms is found to be unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect.

10.4     Any rights not expressly granted herein are reserved.

 

  1. Changes to Site Terms

Mayyarani reserves the right to change any of the terms and conditions contained in the Seller Terms or any policy or guideline of the Site, at any time and in our sole discretion. When we make changes, we will revise the “Last Updated” date at the top of these Seller Terms. Any changes will be effective immediately upon posting on the Site. Your continued use of the Site following the posting of changes will constitute your acceptance of such changes. We encourage you to review the Seller Terms whenever you visit this Site.

 

  1. Contact Information

Questions or comments about the Site or Site Terms may be directed to info@mayyarani.com or 082 666 6696.

 

 

MAYYARANI.COM WEBSITE PRIVACY POLICY 

Last updated: July 2020

We are committed to protecting your privacy and complying with applicable data protection and privacy laws. This privacy policy tells you about our online collection and use of data. The terms of this policy apply to this Website (“Site”) and are subject to the Website Terms and Conditions of Use on www.mayyarani.com unless different terms are specified in a form or contract provided to you by Mayyarani either online or offline.

By using this Site, you understand and agree to the terms of this policy. This Site is owned and operated by Mayyarani Innovations (Pty) Limited, Registration No. 2017/035773/07. (“Mayyarani, “us”, “we”, “our”). The Site is intended for use by a South African and South African law applies, but may be accessed both in South Africa and abroad. The Site also hosts approved and vetted boutique storeowners as Sellers or Consignees on this Site, who may also access your information to provide services. For data protection purposes, Mayyarani is the controller and, unless otherwise noted, is also the processor of data. Information collected may be retained indefinitely, and may be stored, processed, accessed, and used in jurisdictions whose privacy laws may be different and less protective than those of your home jurisdiction.

 

1.     Collection of Your Personal Information

1.1       When you visit this Site, certain kinds of information, such as the Website that referred you to us, your IP address, browser type and language, and access times, may be collected automatically as part of the Site’s operation. We may also collect navigational information, including information about the pages you view, the links you click, and other actions taken in connection with the Site. 

1.2       We may combine your visit and navigational information with personal information that you provide. You may always choose not to provide personal information, but, if you so choose, certain products and services may not be available to you.

1.3       Personal information, (which may include your name and surname, date of birth, physical and postal addresses and contact details, e.g. mobile number, e-mail address) is collected when you choose to interact with us via the Site such as, for example, when you visit our website, placing an order, sending an e-mail request, filling out a form, using our social media channels, clicking on plug-ins, call to action buttons or hyperlinks and/or through any other form of interaction on our website.

 

2.     Use of Your Personal Information

2.1       We collect and use your personal information to operate and improve the Site, to provide services and information to you, to better understand our customers, to provide better products and services, to display content that is customised to your location and preferences, to assist us with Site administration, such as with troubleshooting any problems, detecting fraud, resolving disputes, and for any purposes deemed necessary or required by Mayyarani to enforce the Website Terms and Conditions of Use on www.mayyarani.com and other terms or conditions applicable to any portion of the Site.

2.2       We may also use your contact information to enable ourselves to communicate with you. We may send transaction-related communications. We may also send you newsletters or marketing communications to inform you of new products or services or other information that may be of interest. If you do not wish to receive marketing communications, you should follow the “unsubscribe” instructions included within each communication. Please keep in mind that, if you choose not to receive marketing communications, you will continue to receive transactional or account communications (e.g., confirmation emails and account statements), where applicable.

2.3       We may, for marketing purposes, disclose aggregate statistics (information about the user population in general terms) about your personal information to our advertisers, affiliates or business partners.

2.4       Personal information collected by us may be stored and processed in South Africa or any other country in which we or our service providers or agents maintain facilities and, by using this Site, you consent to any such transfer of information outside of your country.

 

3.     Sharing of Your Personal Information

3.1       Except as disclosed in this privacy policy, we do not share your personal information with any outside parties.

3.2       We may share your personal information with service providers who perform services on our behalf. Those companies or persons will be permitted to obtain only the personal information they need to provide the service (for example our courier services). They are required to maintain the confidentiality of the information and are prohibited from using it for any other purpose. 

3.3       Information about our users, including personal information, may be disclosed as part of any merger, acquisition, or sale of the company and/or its assets, as well as in the unlikely event of insolvency, bankruptcy, or receivership, in which case personal information would be transferred as one of the business assets of the company. We may notify you of such an occurrence from time to time.

3.4       We reserve the right to disclose your personal information, without notice, if required to do so by law, or in the good-faith belief that such action is reasonably necessary to comply with legal process, respond to claims, or protect the rights, property or safety of our company, employees, users, or the public.

 

4.     Security of Your Personal Information

Whilst we cannot guarantee the absolute security of your personal information, we take all commercially reasonable steps and measures to keep it secure and protect it from loss, misuse, unauthorised access or disclosure by following generally accepted security policies and rules. However, we cannot accept any liability whatsoever for any unauthorised access or loss of personal information despite our best endeavours.

 

5.     Personal Information Preferences

5.1       We respect your right to make choices about the use and disclosure of your personal information. If at any time you decide that you do not want to receive marketing communications from us, please let us know by sending an email to info@mayyarani.com

5.2       If you choose not to receive marketing communications please be advised that you may continue to receive transactional or account communications (e.g. confirmation emails and account statements), where applicable.

 

6.     Access to Your Personal Information

6.1       You can write to Mayyarani at any time to obtain details of the personal information we may hold about you at the following address info@mayyarani.com

6.2       Please quote your name and address and a brief description of the information you want a copy of to enable us more readily to locate your data.

6.3       We will take all reasonable steps to confirm your identity before providing you with details of any personal information we may hold about you. 

6.4       We may charge a fee to cover the reasonable administration costs involved.

  

7.     Use of Cookies and Other

7.1       Mayyarani may use “cookies” to enable you to sign in to our services and to help personalise your online experience. A cookie is a small text file that is placed on your hard drive. Cookies contain information, including personal information that can later be read by a Web server in the domain that issued the cookie to you. The information that cookies collect may include the date and time of your visit, information which you provided when subscribing to a communication or signing up for a service, and your navigational history.

7.2       In some cases, our third-party service providers may use cookies on our Site. We have no access to or control over these cookies. This privacy statement covers the use of cookies by Mayyarani only, and does not cover the use of cookies by third parties.

7.3       You have the ability to accept or decline cookies. Most browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies. If you choose to decline cookies, you may not be able to sign in or use any interactive features of our Site and services that depend on cookies.

7.4       In addition to cookies, we may use other technologies, including single-pixel images on our Site and in promotional email messages or newsletters. These tiny electronic images assist us in determining how many users have visited certain pages or opened messages or newsletters. We do not use these images to collect personal information.

 

8.     Email Monitoring

We provide email addresses on the Site which enable you to contact us. In order to check for viruses and the presence of inappropriate content, we reserve the right to intercept, monitor and inspect all material and information transmitted over our system.

 

9.      Minors

We do not intend to offer services to or solicit or collect personal information from anyone under the age of 18. If you are under 18, you may not use or enter information on this Site.

 

10.   Links

We may link to Websites that have different privacy policies and practices from those disclosed here. We assume no responsibility for the policies or practices of such linked sites, and encourage you to become acquainted with them prior to use.

 

11.  Disclaimers

11.1     Mayyarani intends to take commercially reasonable precautions to abide by this privacy policy. Nevertheless, in the event that we do not comply with all terms contained in this privacy policy, you agree, by using this Site and by submitting information to this Site, that your sole and exclusive remedy against Mayyarani will be to have us promptly correct the handling of your information in the future to accord with this privacy policy and to notify anyone to whom Mayyarani directly transferred any information of the correct information or to cease using such information.

11.2     To the maximum extent allowed by law, Mayyarani, its subsidiaries, affiliates, and divisions disclaim any other obligation, liability, or warranty to you for any other action, inaction, omission, or other activity that is not in accordance with this privacy policy.

11.3     Under no circumstances shall Mayyarani, its subsidiaries, affiliates and divisions, or their suppliers or licensors be liable for any direct, special, incidental, indirect, economic, consequential or punitive damages (including, without limitation, loss of data or loss of use damages or lost profits) arising out of or connected with this privacy policy, or the failure of Mayyarani, its subsidiaries, affiliates and divisions, or their suppliers or licensors to adhere to it, even if Mayyarani, its subsidiaries, affiliates and divisions, or their suppliers or licensors have been notified of the possibility of any damages. This section shall only apply to the maximum extent permitted by applicable law.

 

12.  Applicable Law and Jurisdiction

This privacy policy is governed by and will be interpreted according to the laws of the Republic of South Africa, and all disputes, claims and other matters in connection with this privacy policy will be determined in accordance with such laws.

 

13.   Changes to This Privacy Policy

We reserve the right to change the terms of this privacy policy at any time. When we make changes, we will revise the “Last Updated” date at the top of the policy. If there are material changes to this statement or in how we will use your personal information, we will notify you by prominently posting a notice of such changes here or on our home page, or by sending you an email. We encourage you to review this policy whenever you visit our Site.

  

14.   Contact Information

If you have questions or concerns regarding this privacy policy or if, for some reason, you believe Mayyarani has not adhered to these principles, please contact us by emailing info@mayyarani.com, or by calling +27 82 666 6696.