Welcome to the Brandsh Media (“Brandsh”) website (the "Site").
Any person accessing this website (“User(s)”) is subject to, and agrees to, the terms and conditions set out in this legal notice (“Terms of Use”). If the User does not wish to be bound by these terms and conditions, the User may not access, display, use, download and/or otherwise copy or distribute content obtained on this website. We may revise the Terms of Use at any time without notice to you.
For the purposes of the Terms of Use, the term “Parties” shall refer to the parties to this Agreement, namely Brandsh and the User.
The Parties Agree to the following:
1. Usage and Copyright
1.1. By using this Site, you acknowledge that you have read the Terms of Use and agree to be bound by, and comply with, them.
1.2. This Site is intended to provide the User only with information regarding Brandsh and the products and services it offers.
1.3. All images used in this Site are either the property of Brandsh or are believed to be in the public domain. If you see any image that is otherwise owned, please let us know immediately and we will either add a credit or remove it.
1.4. You may download, view, copy and print documents and graphics from the Site (the "Content") subject to the following:
1.4.1. the Content must be used solely for personal, non-commercial purposes, or reference purposes;
1.4.2. the Content must not be modified or altered in any way; and
1.4.3. the Content must be attributed to Brandsh either as www.brandsh.com, or the relevant third party reference as indicated in relation to the aforesaid information.
1.5. Users that wish to use Content from this Site for commercial purposes may only do so with prior written permission from Brandsh.
1.6. All moral and any other rights, not expressly granted, of Brandsh, its employees / agents, or other legal entities in respect of which Content is contained on this Site, are reserved.
2. Intellectual Property Rights
2.1. All the content, trademarks and data, including but not limited to, software, technology, databases, know-how, text, graphics, icons, hyperlinks, private information, designs, programs, publications, products, agreements, or ideas described in this Site are the property of, or licensed to, Brandsh and as such, are protected from infringement by South African legislation and international treaties and conventions. Subject to the rights afforded to the User herein, all other rights to all intellectual property on this Site are expressly reserved. By accessing data on this Site the User is not licensed or authorised.
3. Electronic Communications
3.1. By using this Site or communicating with Brandsh electronically, the User consents to receiving communications from Brandsh electronically and acknowledges that all agreements, notices, disclosures and other communications sent by Brandsh satisfies any legal requirements, including but not limited, to the requirement that such communications should be "in writing".
3.2. By using the Site, the User consents to the collection and use of information by Brandsh.
4. Links to Third-Party Websites
4.1. Brandsh may provide links to other websites (“Linked Sites”) only as a convenience and the inclusion of any link does not imply Brandsh’s endorsement of such websites or any association with its operators. Linked Sites or pages are not subject to the control of Brandsh. Brandsh is not responsible or liable, directly or indirectly, in any way for the content, use, or inability to use or access any Linked Sites or any links contained in a Linked Site. Brandsh is not responsible for webcasting or any other form of transmission received from any Linked Site. You agree by using the Site that Brandsh is not responsible for third party content accessible through the Site, including opinions, advice, statements and advertisements, and understand that you bear all risks associated with the use of such content. You agree that Brandsh is not responsible for any loss or damage of any sort you may incur from dealing with any third party.
4.2. If you choose to purchase or rent any products or services from a third party, your relationship is directly with the third party. You agree that Brandsh is not responsible for:
4.2.1. the quality of third party products or services; and
4.2.2. fulfilling any of the terms of your agreement with the seller, including delivery of products or services and warranty obligations related to purchased or rented products or services.
5. Linkage and Framing
5.1. Any third party website may link to this Site provided that such a link is directed at the home page of the official Brandsh website – www.brandsh.com. It is expressly prohibited for any person, business, entity or website to link to any page other than the home page of the Brandsh website, without the prior written approval of Brandsh.
5.2. It is expressly prohibited for any person, business, entity or website to frame any page on this Site, including the home page, in any way whatsoever, without prior written approval of Brandsh.
6. Spiders and Crawlers
6.1. No person, business or website may use any technology, such as “web-crawlers” or “web-spiders”, to search and gain any information from this Site without the prior written permission of Brandsh.
7. Disclaimer
7.1. The information on this Site and in associated documents is intended to provide general information on a particular subject or subjects and is not an exhaustive treatment of such subject(s).
7.2. It is the sole responsibility of the User to satisfy himself or herself prior to accessing this Site that the services available from and through this Site will meet the User's individual requirements and be compatible with the User's hardware and/or software.
7.3. Information, ideas and opinions expressed on this Site and in associated documents should not be regarded as professional advice or the official opinion of Brandsh or any legal entity in respect of which information, ideas and opinions are expressed on this Site.
Users are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this Site.
7.4. Brandsh makes no representations or warranties, implied or otherwise, that, among others, the Content and technology available from this Site and in associated documents are free from errors or omissions, that the service will be 100% uninterrupted and error-free or will meet any particular criteria of performance or quality. This Site is provided on an “as is” and “when available” basis and has not been compiled or supplied to meet the User's individual requirements. Brandsh expressly disclaims all implied warranties, including, without limitation, warranties of merchantability, title, fitness for a particular purpose, non-infringement, compatibility, security, and accuracy. It makes no express or implied representations or warranties regarding the Content of the Site. Users are encouraged to report any possible errors, malfunctions or offensive material by using the 'Contact Us' feedback link.
7.5. The use of the Content of this Site is at the User’s own risk. The User assumes full responsibility and risk of loss resulting from the use of the Content of this Site.
7.6. Subject to the provisions of sections 43(5) and 43(6) of the Electronic Communications and Transactions Act, neither Brandsh nor any or its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this Site or the services or Content provided from and through this Site.
7.7. Certain links in the web server lead to resources maintained by third parties over whom Brandsh has no control. Brandsh makes no representations or warranties as to the accuracy of, or any other aspect relating to, those resources.
7.8. Postings of any kind posted to this Site are not editorially controlled and therefore Brandsh cannot be held liable for illegal or unconstitutional content. The User hereby indemnifies Brandsh from all liability in this regard.
7.9. No information or data on this Site is an offer to do business, but is merely an invitation to do business.
7.10. If a User requires any information from Brandsh regarding its services or the Content of this Site, the 'Contact Us’ feedback link should be used.
8. Agreements in Terms of Section 21 of the Electronic Communications and Transactions Act
8.1. No agreements shall be concluded merely by sending a data message to this Site or its owners.
8.2. Valid agreements require an acknowledgement an offer, of receipt from the business or institution.
8.3. No electronic communication or data message that a User sends to Brandsh, either directly or through this Site, shall be deemed to have been received by Brandsh until a response has been issued from the business. An automated response, from the Site, shall not satisfy this requirement. If the User does not receive a response within a reasonable period of time, the User should follow it up with Brandsh. Brandsh shall not be liable for any failure to respond.
9. Privacy
9.1. Introduction
9.1.1. Your right to privacy is very important. Brandsh has developed a policy to address privacy concerns and it is Brandsh’s policy to respect and protect the privacy of our Users. This privacy statement applies to Brandsh and any legal entity, which control, verify or make use of information that may be collected via this Site.
9.1.2. A User may visit this Site without providing any personal information. A User, however, agrees to the use of such data in accordance with this privacy statement. Please note that this Site may contain links to other websites which are not being governed by this privacy statement.
9.1.3. Brandsh gathers and will be in possession of the following private and personal information:
a) Information provided by the User voluntarily – this information is used to provide a better service to the Users;
b) Information automatically provided (for example via cookies or web beacons).
9.1.4. If a User has any questions or concerns regarding this privacy statement or the User’s privacy while using this Site, the 'Contact Us’ feedback link should be used to inform Brandsh of your concerns.
9.2. Cookies
9.2.1. Brandsh may use cookies (small text files stored in a User’s browser) or web beacons (electronic images that allow this Site to count Users who have accessed a particular page and to access certain cookies) to ensure that the Site is well managed and to facilitate improvement of the Site. Brandsh or its service-provider(s) may use cookies to collect aggregate data. Brandsh may use such devices from time to time to track information on its systems and identify categories of Users by items such as IP addresses, domains, browser types and pages visited. The web administrator uses the information to analyse the number of Users of different areas of the Site and to ensure that this Site is serving as a useful and effective information source.
9.2.2. Neither cookies nor web beacons collect personal information such as the User’s name or email address. A User may reject cookies as most browsers permit individuals to decline cookies. Under certain circumstances, Users may be denied access to some parts of this Site if their browsers are set to decline cookies.
9.2.3. Cookies or web beacons cannot harm Users’ computers nor carry viruses.
9.3. Personal Information use
By using this Site the User consents to the following:
9.3.1. Brandsh may use your personal information about the User to communicate with the User from time to time.
9.3.2. Brandsh may use the User’s information for non-personal statistical purposes. Furthermore Brandsh owns and retains all rights to said non-personal statistical information collected and compiled by Brandsh.
9.4. Disclosure to Third Parties
9.4.1. Access to the collected information is strictly controlled and will only be granted to staff, who, in the course of their duties, need to have access to such information.
9.4.2. Brandsh will never wilfully disclose individually identifiable information about its Users to any third party without first receiving that User’s express permission.
9.4.3. Brandsh may request personal information when you wish to subscribe or register for services or download information. This information may be shared with advertisers and other parties as part of an aggregated report, but will not be disclosed in an individually identifiable way.
9.4.4. Brandsh will not sell, give, share, or disclose any specific personal information requested in the course of using this Site.
9.4.5. Notwithstanding the above, Brandsh shall disclose information where it is legally obliged to do so in terms of the laws of the appropriate legal authority.
9.5. No Agreement
9.5.1. Nothing contained herein creates or is intended to create a contract or agreement between Brandsh and any User visiting Site.
9.6. Children's Privacy Protection
9.6.1. Brandsh recognises the importance of protecting children's privacy in the interactive online world. Minors are not eligible to use the Site, and we ask that they do not submit any personal information to us.
10. Security of Information
10.1. Brandsh has in place reasonable commercial standards of technology and operational security to protect all information provided by Users from loss, misuse, alteration or destruction. All reasonable steps will be taken to secure a User's information. Authorised employees, who are responsible for the maintenance of any sensitive data submitted, are required to maintain the confidentiality of such data. The policy applies to all employees of Brandsh.
10.2. It is expressly prohibited for any person, business, or entity to gain or attempt to gain unauthorised access to any information on this Site, or to deliver or attempt to deliver any unauthorised, damaging or malicious code to this Site. Any person who delivers or attempts to deliver any unauthorised, damaging or malicious code to this Site or attempts to gain unauthorised access to any page on this Site shall be held criminally liable, and in the event that Brandsh should suffer any damage or loss, civil damages will be claimed.
11. Updating of the Terms of Use
11.1. Brandsh reserves the right, in its sole and absolute discretion, to change, modify, add to or remove from portions or the whole of the Terms of Use from time to time.
11.2. Changes to the Terms of Use will take effect upon such changes being posted to this Site.
11.3. It is the User’s obligation to periodically check the Terms of Use at this Site for changes or updates.
11.4. The User’s continued use of this Site following the posting of changes or updates will be considered notice of the User’s acceptance to abide by and be bound by the Terms of Use, including such changes or updates.
12. Export Restrictions / Legal Compliance
12.1. Your use of the Site must comply with all applicable laws, statutes, ordinances and regulations pertaining to your country of residence or legal jurisdiction and to the best of your knowledge would be likely to be in force and effect according to international practices.
13. Limitation of Liability
13.1. In no event will Brandsh be liable for any direct or indirect, special, incidental, economic or consequential loss or punitive damages or any other damages whatsoever, or loss of revenue, profits, goodwill, bargain or opportunities or loss or corruption of data or loss of anticipated savings howsoever arising, incurred or suffered by you from the use of or access to the Site whether caused by negligence or otherwise or whether or not Brandsh was aware or should have been aware
of the possibility of such loss or damage. If any of the foregoing is not fully enforceable for any reason, the remainder shall nonetheless continue to apply.
14. Indemnity
14.1. You agree to defend, indemnify and hold harmless Brandsh, its officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the Site.
15. Termination of Use
15.1. The User agrees that Brandsh may, in its sole discretion, at any time terminate your access to the Site and any account(s) you may have in connection with the Site, unless otherwise agreed between us. Access to the Site may be monitored by Brandsh.
16. Dispute Resolution
16.1. The Parties specifically record that any information about; all discussions in; and any resultant rulings pertaining to such disputes shall constitute confidential information and as such, both Parties agree not to disclose the nature of the dispute nor the resultant ruling for a period of three (3) years.
16.2. If any dispute arises out of this Terms of Use, both Parties agree not to commence any court proceedings unless the Parties have first complied with the following paragraphs of this clause 16, except where a party seeks urgent interlocutory relief.
16.3. Any dispute, which arises between the Parties, shall be referred to a joint committee of a director of each party, or alternates appointed by them, who will use their best endeavours to resolve the dispute within fourteen (14) days of the dispute having been referred to them.
16.4. Should the joint committee referred in the clause 16.3 be unable to resolve a dispute in accordance with the foregoing, such dispute will be submitted to and decided by final, binding arbitration, in accordance with the terms of clause 16.5 hereof.
16.5. Any dispute or controversy which may arise at any time between the Parties hereto in connection with the Terms of Use, or any amendment hereof which is not resolved pursuant to clause 16.3 hereof, shall be determined and settled by final, binding arbitration in accordance with the Rules of Arbitration Foundation of Southern Africa or its successors in title by an arbitrator(s) appointed by the Foundation. Unless otherwise directed by the arbiters, the expense of such arbitration shall be paid by the party against whom the award shall be entered.
16.6. This clause 16 shall not preclude either party from obtaining interim relief on an urgent basis from a court of competent jurisdiction pending the decision of the arbitrator.
17. Applicable and Governing Law
17.1. This Site is hosted, controlled and operated from the Republic of South Africa and therefore all matters relating to the User’s access to, and use of the Site, shall be governed by and construed in accordance with South African law.
18. Jurisdiction
18.1. Subject to Clause 16, the Parties hereto hereby consent and submit to the jurisdiction of such High Court of South Africa, or division thereof, which has its seat in Johannesburg, in any dispute arising from or in connection with this Agreement.
19. Severability
19.1. The Terms of Use constitute the entire agreement between Brandsh and you, the User of this Site. Any failure by Brandsh to exercise or enforce any right or provision of the Terms of Use shall in no way constitute a waiver of such right or provision.
19.2. In the event that any term or condition of the use of this Site is not fully enforceable or valid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions.
20. Information about the Website and Owner
20.1. The full name and legal status of the website owner is:
Brandsh Media CC, a privately owned and managed company, as represented by the Chief Executive Officer of Brandsh.
20.2. The website address of this website is: http://www.brandsh.com
20.3. Contact details of the website owner:
20.3.1 Postal Address:
Brandsh Media
PO Box 413521
Craighall
2024
20.3.2 Street Address:
Brandsh Media
1st Floor, Block F
Rochester Place
173 Rivonia Road
Morningside
South Africa
Tel No: +27 11 883 7123
Fax No: 086 673 1800
Email: ideas @ brandsh . com