ACKNOWLEDGEMENT AND AGREEMENT TO TERMS AND CONDITIONS
These Terms and Conditions constitute a legally binding agreement made between you (the reader hereof), whether personally or in your capacity representing an entity (“you”) and Billionaire Bulletin Holdings t/a MiclnGrace Studios (“we,” “us” or “our”), concerning your access to and use of the www.miclngrace.com (MiclnGrace Studios) website as well as any other media forms, content, media channel, mobile website or mobile application related, links, or otherwise connected thereto (hereinafter will be referred to collectively as the “Site”).
You agree that by accessing and using the Site, you have read, understood, and agree and acknowledge to adhere to be bound by all of these Terms and Conditions. If you do not agree with all of these Terms and Conditions, then you are expressly prohibited from using the Site and you must discontinue use effective immediately. If you have any questions relating to any of the content stated herein, refer to our contact details below in order to contact us for further assistance.
Further terms and conditions and/or documents that may be posted on the Site from time to time will be incorporated herein and will then be of force and effect from the day posted. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason, without notice to you.
We will notify you of any amendments by updating the “Last updated” date above of these Terms and Conditions, and you waive any right to receive specific notice of each such change.
It is your responsibility to regularly review these Terms and Conditions to be up to date with any amendments. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the Site after the date such amended Terms and Conditions are posted.
The information provided on the Site is not intended for any person / entity in any country where use of the Site would be in contrary to specific laws or regulations or which would have us undergo a certain registration process before running the Website.
Accordingly, those persons who choose to access the Site from other locations outside the borders of South Africa, do so on their own initiative and are solely responsible for compliance with their local laws. This website was created for compliance with South African government law.
The Site is intended for users who are at least 13 years of age. All users who are minors in the jurisdiction in which they reside (most commonly under the age of 18) must have the permission of, and be directly supervised by, their parent or legal guardian to use the Site. If you are a minor, you must have your parent or guardian read and agree to these Terms and Conditions prior to you using the Site.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise specified, the Site is our explicit property and all source code, databases, functionality, software, website designs, audio, videos, texts, photographs (in colour or otherwise), and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos (including slogans) contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the Republic of South Africa, foreign jurisdictions, and international conventions.
The Content and the Marks are provided on the Site should be deemed “as is” for your information, personal and educational use only. Except as expressly provided in these Terms and Conditions, no part of the Site or Content or Marks may be copied, reproduced, altered, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without express written permission from us prior to such use.
By using the Site, you confirm and warrant that:
1) all registration or subscription information you submit and complete will be true, accurate, current, and complete and that you will update such registration information if necessary.
2) you have the legal capacity and you agree to comply with these Terms and Conditions.
3) you are not under the age of 13 and that you fully comprehend your actions.
4) you have obtained the permission from your guardian to access and use this site if under the age of 13.
5) you will not access the Site through automated or non-human means.
6) you will not use the Site for any illegal or unauthorized purpose.
7) your use of the Site will not violate any applicable law or regulation.
8) you will use and access this site in good faith and for reasons it was made for.
REGISTRATION OR SUBSCRIPTION
If required to register or subscribe with the Site, you agree to keep your password and other information confidential and secret and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we suspect and find, in our sole discretion, that your username is inappropriate, obscene, or otherwise not for use purposes.
If you provide any information that is false, not up to date or incomplete, we have the discretion to suspend or terminate your account and refuse access to the Site for future use.
ACTIVITIES NOT ALLOWED
You may not access or use the Site for any purpose other than the purpose for which it was created for. The Site may not be used for any commercial reasons other than which have been approved by us in writing.
You as the user agree not to:
- obtain or download data or any content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- make any unauthorized use of the Site, including collecting usernames and/or information of users by electronic or other means for the purpose of sending spam or unwanted emails, or creating user accounts by automated means or under false pretences.
- use an agent or purchasing agent to make purchases on the Site if not authorised by us.
- use the Site to promote, advertise or offer goods and services if not authorised by us.
- interrupt, disable, or interfere with any security-related features of the Site, including measurements that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
- engage in unauthorized framing of or linking to the Site.
- trick, defraud, or mislead us and our users, especially in any attempt to learn sensitive account information or trade secrets.
- make improper use of our support services or submit false reports or complaints.
- interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site to prejudice our entire operation.
- attempt to use the username of another user to act under false pretences.
- use any information obtained from the Site in order to harass, abuse, or harm another person, including us.
- use the Site as part of any effort to compete with us in an illegal manner.
- decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
- attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site for specific reasons of one doing unlawful acts.
- harass, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
- delete the copyright or other proprietary rights notice from any Content available on the Site.
- copy or adapt the Site’s software for your own personal use or commercial use.
- upload or transmit (or attempt thereof) viruses that interferes with any party’s right of use of the Site and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
- upload or transmit (or attempt thereof) any software or otherwise that can collect information and data, such as web bugs, cookies, or other similar devices (sometimes referred to as “spyware”).
- except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including but not limited to, any spider, robot, cheat system, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
- disparage, demolish, or otherwise harm, in our opinion, us and/or the Site.
- use the Site in a manner inconsistent with any applicable laws or regulations or in bad faith.
USER GENERATED CONTRIBUTIONS
The Site may invite you to chat, contribute to, or participate social forums, and other similar activities, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to texts, visuals, audio, photographs, graphics, comments, designs, suggestions, or personal information or other material (hereinafter referred to as “Contributions” collectively) about yourself or content created by yourself.
Contributions may be viewable by other users of the Site and through third-party websites. Therefore, Contributions should be treated as non-confidential and non-proprietary. You therefore warrant and agree the following:
- the creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
- you are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms and Conditions and you are duly aware hereof.
- you have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness or identification of each individual person in your Contribution to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms and Conditions.
- your Contributions are not false, inaccurate, or misleading and is up to date.
- your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or otherwise intended for personal commercial beneficial use.
- your Contributions are not obscene, discriminatory, vulgar, filthy, violent, harassing, defamatory, slanderous, or otherwise illegal or unlawful.
- your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
- your Contributions do not support or motivate the violent overthrow of any government or encourage or threaten physical harm against another or encourage hate speech.
- your Contributions do not violate any applicable law, regulation, or rule.
- your Contributions do not violate the privacy or publicity rights of any third party.
- your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
- your Contributions do not violate any government law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
- your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap or other vulnerable group.
- your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms and Conditions, or any applicable law or regulation.
Any use of the Site in violation of the foregoing violates these Terms and Conditions and may result in, among other things, termination or suspension of your rights to use the Site and further remedies available under the applicable law may be used if so necessary.
By posting your Contributions to any part of the Site, you automatically grant, and you warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, withhold, publicly perform, publicly display, reformat, translate, transmit (in whole or in part) and distribute such Contributions (including, your photograph and voice and name) for any purpose, commercial, advertising, or otherwise, and to prepare works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of any of the previous mentioned.
This license will apply to any form, media, or technology now known or in the future, and includes our use of your name (or in the alternative or/and your company name, and franchise name) and any of the trademarks, service marks, trade names, logos, slogans and personal and/or commercial images you provide on the Site or by subscribing or registering on the Site. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you on the Site. You are solely responsible for your Contributions to the Site and you indemnify us from any and all responsibility and to refrain from any legal action against us regarding your Contributions. We have no obligation to monitor your Contributions as it is your absolute responsibility.
GUIDELINES FOR REVIEWS
If you should be made the opportunity to provide ratings or reviews on our Site, follow the following guidelines:
(1) you should have first-hand experience with the person/entity being reviewed.
(2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language.
(3) your reviews should be discriminatory relating to aspects such as religion, race, gender, national origin, age, marital status, sexual orientation, or disability.
(4) your reviews should not contain references to illegal or immoral activity and should not make any conclusions to the legality of conduct.
(5) you should not be affiliated with competitors if posting negative reviews.
(6) your ratings or reviews should reflect accurate and true statements and not be misleading in any manner.
(7) you may not organize a campaign encouraging the public to post reviews, whether positive or negative on the Site.
We may accept, reject, or remove reviews in our sole discretion without notice to you as the reviews and/or ratings do not represent our opinions or views of any of our affiliates, associates, partners, clients or employees. Therefore, we do not assume liability for any claims, liabilities, or losses resulting from any review posted by you or another third party. By posting a review, you hereby grant to us a non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.
MOBILE APPLICATION LICENSE
If you access the Site via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic device owned or controlled by you and you alone, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms and Conditions.
You shall therefore not:
(1) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application or make any modification, adaptation, improvement, enhancement, alteration, translation, or derivative work from the application.
(2) violate any applicable laws, rules, or regulations in connection with your access or use of the application via the mobile application.
(3) remove, alter, or change any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application which protect our rights.
(4) use the application for any personal income or business opportunity, commercial enterprise or use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application for which it was not intended for.
(5) make the application available over a network permitting access or use by multiple devices of users at the same time.
(6) use the application to send automated correspondence as a bot or non-human software.
(7) use any proprietary information or intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.
Apple and Android Operating Systems
The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (“App Distributor”) to access the Site and is a license granted to you for the use of an application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms and conditions;
We are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application, but in the event of any failure of the application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies and the App Distributor will have to adhere to the warranty obligations as set thereto. You must comply with applicable Apple and Android Operating Systems terms of agreement when using the mobile application.
You acknowledge and agree that the App Distributors benefit to these terms and conditions and in the terms and conditions of the mobile application license and that each App Distributor will have the right to enforce the terms and conditions hereof being a beneficiary thereof.
As part of the functionality of the Site, you may link your account with other online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by providing your Third-Party Account login information through the Site or by allowing us to access your Third-Party Account, as is allowed by the Third-Party Account and the terms and conditions of such Third-Party Account.
In light of the above, you agree to us having full knowledge of your Third-Party Account login information to grant us access to your Account, without any duty to pay fees of access or being subject to any usage or access limitations instituted by the third-party service provider of the Third-Party Account.
By granting us access to any Third-Party Accounts, you confirm that we can access, make available, and archive your content provided to and stored by your Third-Party Account (the “Social Network Content”) so that it is available on and through the Site via your account, including your contact lists and you agree that we may receive further additional information to the extent permissible by law and subject to the privacy setting you have chosen on your Third-Party Accounts. You hereby agree that we may access your email address contact list associated with any other Third-Party Account which you are connect to via our Site that is stored or archived on a mobile device or any other electronic device any use the information solely for purposes for identifying which individuals have already registered or subscribed with our Site.
The Social Network Content will no longer be available in the event where the Third-Party Account service becomes unavailable or access to such account is terminated by provider, where after you may disconnect your account on the Site and your Third-Party Accounts at any time. Your relationship with the third-party service providers associated with your third-party accounts is governed solely by your agreement(s) with such third-party service providers and in no way creates a relationship with us. We do not view or monitor the content on the Third-Party Account or the accuracy or legality thereof and therefore cannot be held responsible for any Social Network Content. You can deactivate the connection between the Site and your Third-Party Account by contacting us using the contact information below and we will assist as thoroughly possible.
You acknowledge and agree that any opinions, questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) provided by you to us are non-confidential and shall become our sole property and that we then own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you and that you hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. Furthermore, you confirm that there shall be no repercussions against us for any infringement or misappropriation of any proprietary right in your Submissions.
OTHER WEBSITES AND CONTENT ON THE WEBSITE
The Site may contain (or you may be sent via the Site) links to other websites (“Third-Party Websites”) as well as articles, photographs, texts, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to, belonging to or originating from third parties (“Third-Party Content”) and we warrant that such Third-Party Websites and Third-Party Content are and were not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and therefore we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.
It is your own responsibility to review the applicable terms and policies, including privacy policies of any website to another Third-Party Website or relating to any applications you use or install from the Site. Any business you may do through other websites and from other companies, we take no responsibility whatsoever in relation to purchases which are exclusively between you and the applicable third party or similar transactions or activity. You hereby agree and acknowledge that we cannot take responsibility for any result cause by the products or services offered on Third-Party Websites and you shall hold us harmless from any harm or damages caused by your purchase of such products or services. Furthermore, we are hereby indemnified by you against any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites which in no way is our responsibility.
We may allow advertisers to display their advertisements and authorised information on the Site from time to time. If you are one of these authorised advertisers with expressed authority from us, you hereby confirm that you take full responsibility for any advertisements you place on the Site and any services sold through these advertisements.
As an advertiser, you warrant and confirm that you possess all rights and authority to place advertisements on the Site, including, but not limited to, intellectual property rights, publicity rights, and contractual rights with the necessary authority.
We reserve the right, but not the obligation, to:
(1) monitor the Site and its’ users on a regular basis for violations of these Terms and Conditions and in the event of violation thereof, take legal action available to us against anyone, such as reporting such user to law enforcement authorities.
(2) refuse, suspend or limit the availability of, or disable any of your Contributions, content or Submissions or any portion thereof placed or to be placed or posted on the Site.
(3) manage the Site to such extend to protect our rights and property and to facilitate the proper functioning of the Site.
TERM AND TERMINATION
These Terms and Conditions shall remain in full force and effect while you use the Site. Without limiting any other provision of these Terms and Conditions, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the site (including blocking certain IP addresses), to any user without reason. Termination of any user’s access to the Site may be executed by us in our sole discretion without reason or notice to that user.
If such termination or suspension of an account or access to the site should occur, the user may not access the Site under false pretences even when acting on behalf of another party. We also reserve the right to institute appropriate legal action available to us, including but not limited to pursuing civil and criminal action.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Site at any stage for any reason without notice to the users. However, we have no obligation to update any information on our Site if not necessary. We also reserve the right to modify or discontinue all or part of the Site without notice at any time.
We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site or any service or product. We cannot guarantee the availability of the Site at all times. Technical difficulties or maintenance related to the Site may result in interruptions, delays, or errors of the Site. We reserve the right to amend, revise, update, suspend, discontinue, or otherwise modify the Site at any time and without reason or notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any an interruption or discontinuance of the Site.
Nothing in these Terms and Conditions will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.
These Terms and Conditions and your use of the Site are governed by the laws of the Republic of South Africa and all applicable agreements made hereto be entirely performed within the borders of the Republic, without regard to its conflict of law principles.
Informal Settlement Negotiations
The Parties agree to first attempt to negotiate any Dispute informally by way of notice to the other party in good faith before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
If the Parties are unable to resolve a Dispute during informal settlement negotiations, the matter will be referred and resolved to and by arbitration where the outcome is binding on both parties. Arbitration shall be administered by AFSA. Should AFSA, as an institution, not be operating at that time or not be accepting requests for arbitration for any reason, then the arbitration shall be conducted in accordance with the AFSA rules for commercial arbitration before an arbitrator appointed by agreement between the Parties to the dispute or failing agreement within 10 (ten) business days of the demand for arbitration, then any Party to the dispute shall be entitled to forthwith nominate a independent person to act as arbitrator provided that the person so nominated shall be an advocate or attorney of not less than 10 (ten) years standing as such and also not an advocate or attorney ever acting on behalf of any of the parties. The person so nominated shall be the duly appointed arbitrator in respect of the dispute. In the event of the attorneys of the Parties to the dispute failing to agree on any matter relating to the administration of the arbitration, such matter shall be referred to and decided by the arbitrator whose decision shall be final and binding on the Parties to the dispute. Any Party to the arbitration may appeal the decision of the arbitrator or arbitrators in terms of the AFSA rules for commercial arbitration.
Nothing herein contained shall be deemed to prevent or prohibit a Party to the arbitration from applying to the appropriate court for relief when available to such person, however the parties agree that settlement and arbitration will first be exploited as first options.
This clause will continue to be binding on the Parties notwithstanding any termination or cancellation of this Agreement.
In no event shall any Dispute brought by either Party related in any way to the Site be commenced more than three years after the cause of action arose.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that in cases of the following Disputes, either party may seek alternative relief as available to them under relevant law with jurisdiction: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party, especially the owner of the Site; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, harassment or intimidation, or unauthorized use; and (c) any claim for injunctive relief or damages suffered due to public announcements made which were ungrounded.
If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court with jurisdiction within the courts.
We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice in the event where any information on the Site should not be correct and be subject to corrections. You hereby indemnify us against all losses for such errors, inaccuracies or omissions.
The site is provided to you “as-is” and You hereby agree that your use of the site and our services will be at your own risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the site and your use thereof, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or promises about the accuracy or completeness of the site’s content or of any websites which might be linked to the site and we will have no liability or responsibility for any errors, mistakes, or inaccuracies of content and works, personal injury, death or damage to property, of any nature, which arose from you accessing or using this site, any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored or archived therein, any interruption from the site, any bugs, viruses, similar errors, or the like which may be transmitted to or through the site by any third party, and any errors or omissions in any content and materials or for any loss or damage of any kind incurred due to the use of any content posted, transmitted, or otherwise made available on the site. We do not guarantee or take responsibility for any product or service advertised or sold by a third party through the site, any linked website, any application featured in any other advertising on the site or through the site, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party suppliers of products or services. It is the users own risk and responsibility to practise caution when purchasing a product or service through any medium relating to this site.
LIMITATIONS OF LIABILITY
In no event will we or our directors, employees, or agents be liable to you or any other person for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the site, even if we have been advised of the possibility of such damages.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, employees and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or including attorneys’ and counsel fees and expenses, made by any third party due to or arising out of your Contributions, use of the Site, any breach of these Terms and Conditions including violation of our Intellectual Property rights or any misconduct against a third party or that of us.
Regular data rates do apply and it is your sole and absolute responsibility for all data transmitted to or that relates to using or accessing this site. You agree and indemnify us against all liability for any loss or corruption of any such data lost if managed by us legally and to manage the site lawfully, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting and using the Site, forwarding correspondence of any kind to us, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.
You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the site.
These Terms and Conditions and any policies or operating rules posted by us on the Site constitute the entire agreement and understanding between you and us and no other document will be valid and of force and effect unless posted on this site by us indicating that. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision. These Terms and Conditions are enforceable by law to the full extent and we may assign any or all of our rights and obligations to others at any time for any reason permitted by law. If any clause or part of a clause of these Terms and Conditions is determined to be unlawful, void, or unenforceable, that clause or part of the clause is deemed null and void from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions and therefore the remaining document will still be binding.
The fact that you have not undersigned these Terms and Conditions manually does not make this document null and void and you hereby waive any defence you may have based on the electronic document of these Terms and Conditions and the lack of signing by the parties hereto to execute these Terms and Conditions.
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:
MiclnGrace Studios situated at 168 Grosvenor Road, Bryanston, Johannesburg, 2192
010 900 3337 / firstname.lastname@example.org