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Web Site Terms & Conditions

Kindly note that these terms and conditions may not be copied or used, in part or whole, without the express written consent of Trust Online (Pty) Ltd, info@trustonline.co.za.

1. USAGE

1.1. The Quirk web site, http://www.quirk.biz, is the registered property of Quirk eMarketing (Pty) Ltd, registration number: 2006/012817/07.

1.1. Any persons using the Quirk eMarketing web site for any reason whatsoever subject themselves to and agree to the terms and conditions and privacy policy of Quirk when accessing the web site as set out below.

1.2. This web site is only intended to provide the user with information regarding Quirk, its products and services.

1.3. Quirk expressly reserves the right, in its sole and absolute discretion, to alter and/or amend any criteria or information set out in this web site without prior notice.

1.4. Nothing on this web site shall be construed as an offer by Quirk to you, the user, but merely an invitation to do business.

2. PRIVACY POLICY

2.1 Quirk respects your privacy and care how information about you is used and shared. We appreciate your trust in this regard and assure you that we will make every effort to manage your information carefully, securely and sensibly. This notice describes our Privacy Policy. When visit any Quirk web site, you are accepting the practices described in this Privacy Policy without qualification, so please read them carefully.

2.2 Information about our customers is an important part of our business. We may provide reports based on your information to other organisations, specifically within the communities created by our Web sites, but only for statistical purposes or to extend our service offering. Such information will generally pertain to specific web site activities and will not contain sensitive or confidential information. Any information shared by us will be made available to you on request, so that you may monitor our use of information gathered. We will not provide sensitive or confidential information about you to any third party, unless required to do so by operation of the law or if it pertains to any transaction or activity between you and the third party facilitated by the Quirk web site.

2.3 Some of examples of the above are -

2.3.1 Agents: We employ other companies and individuals to perform functions on our behalf. Examples include analysing data, providing marketing assistance, processing credit card payments, and providing customer service. They have access to personal information needed to perform their functions, but may not use it for any other purpose.

2.3.2 Business transfers: As we continue to develop our business, we might sell or buy assets, including client information.

2.3.3 Protection of parties: We release account and other personal information only if required to do so by law, or in terms of this document, other agreements, or to protect the rights, property, or safety of Quirk, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction and management.

2.3.4 Where you consent: Other than as set out above, you will receive notice when information about you might go to third parties, and you will have an opportunity to choose not to share the information.

2.4 Quirk gathers the following information via its web sites:

2.4.1 Information provided by you: We receive and store any information you enter on our web site or provided by you in any other way. You may choose not to provide certain information, but then you might not be able to take advantage of the many of features on our web sites. We use the information that you provide to continually improve our service offering to you by analysing the information and corresponding trends and the like that may be found. The quality of any analysis or activity based on information is of course dependant on the integrity of the information supplied. Quirk reserves the right to verify any information provided by you.

2.4.2 Information automatically gathered: We receive and store certain types of information whenever you interact with the web site. For example, like many web sites, we use "cookies", and we obtain certain types of information when your web browser accesses our web sites. The "cookies" often transfer security related information so that this facility must be activated on your browser whilst accessing our web sites, or they may malfunction.

2.4.3 E-mail communications: To help us make e-mails more useful and interesting, we often receive a confirmation when you open an e-mail from us. We also compare our customer list to lists received from other companies, in an effort to avoid sending unnecessary messages to our customers or to grow our customer base.

2.4.4 Information from other sources: To improve our service offering, we might receive information about you from other sources and add it to our information. The more information we have, the more we can tailor our service offering to meet market expectations.

3. INTELLECTUAL PROPERTY

3.1 COPYRIGHT
All content on this web site, including but not limited to, text, graphics, logos, button icons, images, clips, digital downloads, data compilations, and software, is the property of Quirk or licensed to Quirk and as such, are protected from infringement by domestic and international legislation and treaties. Quirk expressly reserves all rights pertaining to such content.

3.2. COPYRIGHT COMPLAINTS
Quirk and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify us by e-mail or post at the address below.

3.3. TRADEMARKS
All content, trademarks and data on this web site, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, and designs are the property of, or licensed to Quirk, and as such are protected from infringement by domestic and international legislation and treaties.

3.3.1 Quirk and other marks indicated on the Quirk web sites are the trademarks or trade dress of Quirk. These and other Quirk graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Quirk.

3.3.2 Quirk trademarks and trade dress may not be used in connection with any product or service without the written consent of Quirk.

3.3.3 Quirk trademarks and trade dress may not be used or in any manner that is likely to cause confusion amongst its customers, or in any manner that disparages, prejudices or discredits Quirk.

3.3.4 All other trademarks not owned by Quirk or its subsidiaries that appear on this web site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Quirk.

4. ELECTRONIC COMMUNICATION

Quirk will communicate with you by email or by posting notices on this web site and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically from time to time shall satisfy any legal requirement that such communications be "in writing".

5. LICENSES AND WEB SITE ACCESS

5.1 Quirk hereby grants you a limited license to access and make personal use of this web site provided that in making use of this web site you do not download, other than for page caching purposes. You are expressly prohibited from modifying any portion of this web site, whether in part or whole, except with the express written consent of Quirk or where the facility to download is expressly provided.

5.2 This license does not include any right of resale or commercial use of this web site or its contents. For the purposes of this clause 4, any collection and/or use of any listings and/or descriptions; any derivative use of this Web site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools for any commercial purpose is expressly prohibited unless stated otherwise.

5.3 It is expressly prohibited to frame or utilize framing techniques to enclose and/or mask any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Quirk and/or our affiliates without its express written consent.

5.4 It is expressly prohibited to use any meta tags or any other "hidden text" utilizing Quirk's name or trademarks without the express written consent of Quirk.

5.5 Any unauthorized use of this web site, its content or applications terminates the permission or license granted by Quirk. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Quirk provided the link does not portray Quirk, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner.

5.6 You may not use any Quirk logo or other proprietary graphic or trademark as part of the link without express written permission.

6. DISCLOSURES REQUIRED BY SECTION 43 OF THE SOUTH AFRICAN ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT

6.1. The full name and legal status of the web site owner is: Quirk CC, a Closed Corporation registered in South Africa under the Registration Number CK2000/055769/23, and VAT Registration No. 409190259.

6.2. The full address of the web site owner is 3rd Floor Armoury Building, Buchanan Square, 160 Sir Lowry Road Cape Town, 8001.

6.3. Membership to self-regulatory or accreditation bodies: Direct Marketing Association of South Africa, http://www.dma.org.za.

6.4. Codes of conduct to which this web site subscribes: http://www.dma.org.za/reg/dma_code.htm

6.5. Legal persons: ROBERT CHARLES STOKES; CRAIG KELMAN RAW; and ALASTAIR JOHN LUMSDEN STUART

6.6. Physical address for receipt of legal service:
3rd Floor Armoury Building
Buchanan Square
160 Sir Lowry Road
Cape Town
8001.

6.7. Main business: Quirk is a provider of one-to-one eMarketing products and services.

7. TERMS OF AGREEMENT

7.1. RATIFICATION:
You agree that by visiting or using Quirk or any other Quirk web site that you are authorised to bind yourself or the legal entity you represent and do so bind yourself or the legal entity you represent to this Agreement, by any national and/or international conventions.

7.2. LEGAL ENTITY:
Any account registered on this web site must be held in your name or the name of a legal entity you represent. In the event that the account is registered in the name of a natural person, the person must provide his or her national identity, social security or like number if required to do so. If the account is to be held in the name of a juristic person, the entity must provide its unique registration or like number.

7.3. SERVICES:
You acknowledge that you have the necessary knowledge and infrastructure to use the Quirk web site and services. You further acknowledge that Quirk is not required to provide any information or other services not specifically related to the Quirk web site and services.

7.4. LAWFUL PURPOSE:
You may only use the Quirk web sites and the services pertaining thereto for lawful purposes as defined by the legislation of the Republic of South Africa and international conventions. Where a conflict between such laws and regulations exist, the laws and regulations of the Republic of South Africa shall prevail. Use and transmission of any material in violation of any international, national or local regulation or law is prohibited. This includes, but is not limited to intellectual property, material legally judged to be threatening or obscene, pornography or information protected by trade secrets.

7.5. ALTERNATIVE DISPUTE RESOLUTION:
Alternative dispute resolution: Quirk subscribes to Trust Online's Dispute Resolution service as detailed hereunder.

7.5.1. You may lodge a complaint at Trust Online (Pty) Ltd at http://www.trustonline.co.za or the Consumer Affairs Committee if Quirk does not comply with Chapter VII of the Electronic Communications and Transactions Act and/or this agreement.

8. COMMUNICATIONS AND OTHER CONTENT

8.1 You may send content and other communications provided that the content is not illegal, obscene, objectionable, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of a communication. Quirk reserves the right to remove or edit such content in its sole discretion.

8.2 You hereby represent and warrant that you own or otherwise control all of the rights to the content that you post on this web site; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you indemnify Quirk or its affiliates from all and any claims resulting from content you supply to Quirk. Quirk shall not be held responsible or liable for any content posted on the Quirk web sites.

9. THIRD PARTY LINKS

Parties other than Quirk and its subsidiaries may provide content on this web site form time-to-time. In addition, we provide links to the web sites of affiliated and certain other organisations. Quirk will not be responsible for examining or evaluating the content of, and we do not warrant the offerings of any of these organisations or their Web sites. Quirk does not assume any responsibility or liability for the actions, product, and content of all these and any other third party Web sites. You should carefully review their privacy statements and other conditions of use.

10. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

10.1 Subject to the provisions of sections 43(5) and 43(6) of the Electronic Communications and Transactions Act, Quirk shall not be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this web site or the services or content provided from and through this web site. Furthermore, Quirk makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this web site are free from errors or omissions or that the service will be 100% uninterrupted and error free.

10.2 This web site is supplied on an "as is" basis and has not been compiled or supplied to meet the user's individual requirements. It is the sole responsibility of the user to satisfy itself prior to entering into this agreement with Quirk that the service available from and through this web site will meet the user's individual requirements and be compatible with the user's hardware and/or software.

10.3 Information, ideas and opinions expressed on this site should not be regarded as professional advice or the official opinion of Quirk and users are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this site.

10.4 All items purchased from Quirk are made pursuant to agreements with shipping and delivery agents and risk of loss pass from Quirk to such agents upon delivery of any item to such carrier.

10.5 Neither Quirk nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use any product sold on this web site.

11. GOVERNING LAW

This web site is hosted, controlled and operated from the Republic of South Africa, and thus the South African Law governs the use or liability to use this web site and these terms and conditions.

12. DISPUTE RESOLUTION

In the event of any dispute of any nature whatsoever arising between the parties on any matter provided for in, or arising out of this agreement, and not resolved through the Customer Relations Department of Quirk, then such a dispute shall be submitted to Trust Online (Pty) Ltd for mediation and/or arbitration. Any dispute referred to Trust Online (Pty) Ltd shall be conducted in accordance with the standard terms and conditions, the General Mediation Rules and the General Arbitration Rules, which can be viewed at: http://www.trustonline.co.za/rules/mediation and http://www.trustonline.co.za/rules/arbitration or e-mail info@trustonline.co.za.

13. NON-WAIVER

The failure of Quirk to exercise or enforce any right or provision of these terms shall not constitute a waiver of such right or provision.

14. VARIATION AND SEVERABILITY

14.1 Please review our other policies related this web site.

14.2 Quirk reserves the right to amend or make changes to this web site, its policies, and this Agreement at any time. You are required to visit this web site regularly in order to acquaint yourself with any changes or amendments made to this web site, its policies and this Agreement.

14.3 No variation to this Agreement shall be enforceable unless such variation is published on this web site by Quirk.

14.4 In the event that any clause in this Agreement is deemed to be invalid, void, or for any reason unenforceable, that clause shall be deemed severable and shall not affect the validity and/or enforceability of any remaining term or condition.

15. INFORMATION SECURITY

15.1 We protect the security of your information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information you provide. Once stored, the information is encrypted at column level within our database and is thus virtually impossible to hack.

15.2 It is important for you to prevent unauthorized access to your password and to your computer. Be sure to sign off when finished using a shared computer.

16. CONDITIONS OF USE, NOTICES, AND REVISIONS

If you choose to visit any Quirk web site, your visit and any dispute over privacy is subject to this Privacy Notice and our Conditions of Use. If you have any concern about privacy at any Quirk Web site, please send us a thorough description of your concern to info@quirk.co.za or contact our Customer Care Hotline (South Africa only) on 0800 004-773 and we will try to resolve it. Use of information that we gather now is subject to the Privacy Notice in effect at the time of use of such information. We may e-mail periodic reminders of our notices and conditions, unless you have instructed us not to do so, but you should check our web site frequently to acquaint yourself with recent changes and/or amendments.

17. CONTACT INFORMATION

If you have any questions, queries or wish to request permission to use any part of this web site, including, linking, framing, or searching, please contact us at:

Street Address:

Quirk Business Solutions CC
3rd Floor The Armoury Building
Buchanan Square
160 Sir Lowry Road
Cape Town
7925

Postal Address:

Quirk Business Solutions CC
3rd Floor The Armoury Building
Buchanan Square
160 Sir Lowry Road
Cape Town
7925

Tel: 27 21 462 7353
Fax: 27 21 462 7354
Email: info@quirk.co.za Hotline: 0800 004 773 (South Africa only)

© 2002 Trust Online (Pty) Ltd All Rights Reserved

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