Web Site Terms & Conditions

1. USAGE

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

1.2 Any persons accessing and/or using the Quirk digital marketing 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.

1.3 Unless otherwise specified this web site is only intended to provide the user with information regarding Quirk, its products and services.

1.4 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.

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

1.6 Unless explicitly stated, on a per page basis, these terms and conditions apply to all Quirk sites.

2. PRIVACY POLICY

2.1 Quirk respects your privacy and cares how information about you is used and shared. We appreciate your trust in this regard and assure you that we will make every reasonable effort to manage your information carefully, securely and sensibly. This notice describes our Privacy Policy. When visiting and/or interacting with any Quirk web site, you are expressly consenting to the collection, collation, processing or disclosure of your personal information for the purposes and in the manner described in this Privacy Policy without qualification, so please read it carefully.

2.2 Information about our customers is an important part of our business. Such information may be collected, collated, processed or disclosed for the purposes set out hereunder. Where we intend using your information for any alternative purpose, we will first obtain your written consent to do so.

2.3 We may compile profiles and reports based on your personal information for statistical purposes or to extend our service offering and may freely trade with such profiles and statistical data with other organisations, specifically within the communities created by our Web sites: provided that such profiles and statistical data are not capable of identifying you as an individual, and that they will not contain any sensitive or confidential information about you. Any information shared by us in this regard will be made available to you on request, so that you may monitor our use of information gathered.

2.4 You hereby consent to us disclosing your information to third parties for the purposes set out below. However we will never disclose sensitive or confidential information about you to any third party, unless required to do so by operation of the law or with your prior written consent, if it pertains to any transaction or activity between you and the third party facilitated by Quirk.

2.5 Your information may be disclosed for the following purposes:

2.5.1 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.

2.5.2 Business transfers:

In the event of the purchase or restructuring of the whole or part of our business, certain intellectual property, including our customer's information, may be transferred to another party in the normal course of business.

2.5.3 For credit purposes:

If we receive, compile, retain or report any account or personal information pertaining to you or your financial position, we will protect the confidentiality of that information, and in particular, will-

(A) use that information only for a purpose permitted or required in terms of the National Credit Act 34 of 2005, other national legislation or applicable provincial legislation; and

(B) report or release that information only to you, or to another person-

(i) to the extent permitted or required by the National Credit Act, other national legislation or applicable provincial legislation; or

(ii) as directed by-

        (a) your instructions; or

        (b) an order of a court or the National Credit Tribunal.

You have the right:

  1. to be advised within a prescribed time before any adverse information is reported by us to a credit bureau and to receive a copy of that information upon request;
  2. to inspect any credit bureau file or information concerning you without charge at least once every 12 months, or by court order or at least once within reasonable period after information has been corrected or expunged to check that it has been corrected or removed;
  3. to challenge the accuracy of the information held and require the credit bureau to investigate the accuracy of any challenged information without charge;
  4. to be compensated by us, should we have supplied inaccurate information, for the cost of correcting it.

Where you wish to challenge any such information, you may notify the relevant credit bureau within a reasonable time, and the credit bureau will then take reasonable steps to seek credible evidence in support of the challenged information and provide you with a copy of such evidence OR remove the information from its records if it is unable to find such evidence.

Within 20 days of receiving the evidence from the credit bureau, you may initiate a complaint through the National Credit Regulator if you still remain unsatisfied.

Until a challenge has been resolved satisfactorily, a credit bureau may not report challenged information. Failure to abide by any of the above requirements is an offence.

2.5.4 Where you consent: Other than as set out above, you will receive notice when information about you will be used for some other purposes and/or where it might be disclosed to third parties, and you will have an opportunity to choose not to share the information by notifying us accordingly.

2.6 Quirk gathers the following information via its web sites:

2.6.1 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 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.

2.6.2 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 this facility must be activated on your browser whilst accessing our web sites or they may malfunction.

2.6.3 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.

2.6.4 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.

2.7 We use a third party service offered by Google called Remarketing on this website. Remarketing allows us to serve our advertisements to users who visited our website when they visit other websites that are part of Google's advertising network. This helps us connect with these potential customers while they browse other websites. You can learn more about Remarketing on Google's explanatory website: https://support.google.com/adwords/answer/2454000.

2.7.1 Remarketing is an anonymous service and does not identify you personally - it simply identifies the pages visited on our website by recognising the unique identifying number of the cookie on your computer.

2.7.2 By using our website, you consent to the use of the Remarketing services as described below.

2.8 If you would like to opt-out of Remarketing, you have a number of options:

2.8.1 Google's Ads Preference Manager: https://www.google.com/ads/preferences/;

2.8.2 Listing yourself with self-regulatory associations to which advertising vendors such as Google subscribe; or

2.8.3 Configuring your browser's settings to manage, disable or clear cookies: http://www.google.com/intl/en/policies/technologies/managing

3. INTELLECTUAL PROPERTY

3.1 COPYRIGHT
All content on this web site (unless explicitly stated), 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, is protected from infringement by domestic and international laws, 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, an infringement of any intellectual property right, please notify us by e-mail or post at the address below.

3.3. TRADEMARKS AND OTHER INTELLECTUAL PROPERTY
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 are licensed to Quirk, and as such are protected from infringement by domestic and international laws, 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, product 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. LICENSES AND WEB SITE ACCESS

4.1 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 any content, other than for page caching purposes, except where the facility to download is expressly provided or express written consent to do so is otherwise given by Quirk. 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.

4.2 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 5, 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.

4.3 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.

4.4 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.

4.5 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.

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

5. 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".

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 digital marketing (Pty) Limited a private company registered in South Africa under the Registration Number 2006/012817/07., and VAT Registration No. 4090190259.

6.2. The full address of the web site owner is The Boulevard, Block C, Third floor, cnr Searle and Pontac Street East, Woodstock, Cape Town, 7925.

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. Directors: ROBERT CHARLES STOKES; CRAIG KELMAN RAW; JANINE LYNN CARPENTER and NIC RAY

6.6. Physical address for receipt of legal service:
The Boulevard
Block C
Third floor
cnr Searle & Pontac Street East
Woodstock
Cape Town
7925

6.7. Main business: Quirk is a provider of digital marketing products and services.

7. TERMS OF AGREEMENT

7.1. RATIFICATION:
You agree that by visiting or using Quirk.biz 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 infringement, publishing material legally judged to be defamatory, threatening or obscene, pornography or information protected by trade secrets.

7.5. ALTERNATIVE DISPUTE RESOLUTION:

7.5.1 Should any dispute arise out of or in connection with this agreement, either party will be entitled to require, by written notice to the other, that the dispute be referred to arbitration in terms of this clause.

7.5.2 Subject to the provisions of this clause, an arbitration will be held under the provisions of the Arbitration Act of the Republic of South Africa, as amended from time to time, provided that:

7.5.2.1 the arbitrator will be agreed upon by the parties and failing such agreement by the parties within 5 (five) days of the date on which the arbitration is demanded, will be appointed by the Law Society of the Cape of Good Hope who may be instructed by either party to make the nomination at any time after the expiry of the five day period.

7.5.2.2 the arbitration will be held at a venue and in accordance with the procedures determined by the arbitrator and may be held in an informal and summary manner, on the basis that it will not be necessary to observe or carry out the usual formalities relating to procedure, pleadings and discovery, or the strict rules of evidence.

7.5.2.3 the arbitrator shall be entitled:-

a) to investigate or cause to be investigated any matter, fact or thing which he considers necessary or desirable in connection with the dispute and for that purpose he shall have the widest power of investigating all the books and records of both parties to the dispute and the right to take copies or make extracts therefrom and the right to have them produced or delivered at any reasonable place required by him for the aforesaid purpose;

b) to interview and question under oath any of the parties;

c) to decide the dispute according to what he considers just and equitable in the circumstances;

d) to make such award, including an award for specific performance, an interdict, damages or a penalty or otherwise, as he, in his discretion, may deem fit and appropriate;

e) the arbitration shall be held as quickly as possible after it is demanded with a view to its being completed within 30 (thirty) days after it has been so demanded.

7.5.2.4 Any award that may be made by the arbitrator shall be final and binding; will be carried into effect; and may be made an order of any court to whose jurisdiction the parties to the dispute are subject.

8. COMMUNICATIONS AND OTHER CONTENT

8.1 You may send content and other communications to and/or via this website 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 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. 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.

13. VARIATION AND SEVERABILITY

13.1 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.

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

13.3 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.

14. INFORMATION SECURITY

14.1 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.

14.2 It is very 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 and delete your browsing history as well as all cookies and passwords which might be saved.

15. 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 us by phone +2721 462 7353 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.

16. 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 digital marketing (Pty) Ltd
The Boulevard
Block C
Third floor
cnr Searle & Pontac Street East
Woodstock
Cape Town
7925

Postal Address:

Quirk digital marketing (Pty) Ltd
The Boulevard
Block C
Third floor
cnr Searle & Pontac Street East
Woodstock
Cape Town
7925

Tel: 27 21 461 9042
Fax: 27 21 461 5777
Email: info@quirk.biz