Buying/Selling Policy

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.

The Mayyarani® will not be held responsible financially or otherwise 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.

A tamper-proof tape is attached to all garments. We will NOT accept returns nor issue refunds on items returned which do have the tamper-proof tape attached. In this case, the garment/s will be returned to you at your own cost.

 

Quality guidelines
Upon arrival of pre-owned goods that you would like The Mayyarani® to sell on your behalf, we will inspect all items to ensure that they are:

  • Free from tears, rips, fraying and holes.
  • All hardware (zips, buttons, etc.) are still in place and working well.
  • Free from unpleasant odours of any kind, including chemical.
  • No stains, discolouration, mould, fabric pulls and frays, or dirt marks.
  • No missing beads, embroidery, crystals or trims.
  • Professionally altered in an aesthetically-pleasing manner (if applicable).
  • Not damaged or broken in any way.

Please note: Known fixable faults on wearable/saleable garments will be declared in the product description.


If any garment/s do not meet our quality guidelines, we will provide three options:
1. Return them to you indefinitely (within 14 days) at your own cost.
2. Return them to you (within 14 days) at your own cost, where repairs/cleaning can be done at your own expense. Once the garment meets our quality standards, it can be sent back to us, at your own cost.
3. We will repair/clean the items and deduct the restoration fee from the agreed offer amount owed to you when the garment is sold.

 

Returns Policy

Returns

Since all our products are gently-worn, and thus made available for purchase at a much-reduced 'sale' price, our policy lasts 7 working days (excl. Saturdays and Sundays) only. If 7 weekdays have gone by since your purchase, unfortunately we cannot offer you a refund or exchange.

To be eligible for a return, your item must be in the same condition that you received it, and the tamper-proof tape must still be in place.

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

* Any item - still with its tamper-proof tape in place - is damaged or does not fit.

 

Refunds (if applicable)

Once your return is received and inspected, we will send you an email to notify you that we've received your returned item. We will also notify you of the approval or rejection of your refund.

If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days.

Please note: If the tamper-proof tape has been removed, the item will not be eligible for return or exchange. You will be responsible for paying the delivery costs for returning your item. If you receive a refund, the cost of return shipping will be deducted from your refund.

 

Late or missing refunds (if applicable)

If you haven’t received a refund yet...

  1. First check your bank account again.
  2. Then contact your credit card company, it may take some time before your refund is officially posted.
  3. Next contact your bank. There is often some processing time before a refund is posted.
  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

 

Exchanges (if applicable)

We may not be able to replace items if they are defective or damaged as pieces stocked are once-off. If you need to exchange it for a different item, send an email to info@mayyarani.com and we’ll send you our return address.

Shipping

You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.

Depending on where you live, the time it may take for your exchanged product to reach you, may vary.

You should consider using a trackable shipping service or purchasing shipping insurance. We don’t guarantee that we will receive your returned item.

 

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. [INSERT] (“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 stores owners who may 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 e-mails 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 e-mail 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 e-mails 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.

 

 

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 on our Site who offers their own stock of new and gently worn pre-owned garments for sale or rental on the site (“the 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, 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 Addressinfo@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 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 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 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 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 Consignees have had access to the information.

6.5       Mayyarani is committed to secure and encrypt storage of the personal information of Clients and 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 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, 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 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;

Terms of Consignee Registration;

[and Terms of Rentals – could include as one document under the terms of sales in future]

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 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 SiteContent 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 SiteContent, 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.