Welcome to the In Gear Promotional Solutions website, ingearpromotions.co.za (the website). The purpose of the website is to provide information, products and services for our visitors. The website is maintained and managed within South Africa.
These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
License to Use Website
Unless otherwise stated, In Gear Promotional Solutions and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
- republish material from this website (including republication on another website);
- sell, rent or sub-license material from the website;
- show any material from the website in public;
- reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
- edit or otherwise modify any material on the website; or
- redistribute material from this website, except for content specifically and expressly made available for redistribution.
Where content is specifically made available for redistribution, it may only be redistributed using the redistribution channels provided on this site.
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website, no consent will be provided to do so.
You must not use this website to transmit or send unsolicited commercial communications.
You must not use this website for any purposes related to marketing without our express written consent.
Access to certain areas of this website is restricted. We reserve the right to restrict access to areas of this website, or indeed the entire website, at our discretion.
If we provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.
We may disable your user ID and password at our sole discretion without notice or explanation.
In these terms and conditions, your user content means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
You grant to this website a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to this website the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or this website or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
This website reserves the right to edit or remove any material submitted to this website, or stored on our servers, or hosted or published upon this website.
Notwithstanding this website’s rights under these terms and conditions in relation to user content, this website does not undertake to monitor the submission of such content to, or the publication of such content on, this website.
This website is provided as is without any representations or warranties, express or implied. Ths website makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, this website does not warrant that:
- this website will be constantly available, or available at all; or
- the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any [legal, financial or medical] matter you should consult an appropriate professional.
Limitations of Liability
This website will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
- to the extent that the website is provided free-of-charge, for any direct loss;
- for any indirect, special or consequential loss; or
- for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if this website has been expressly advised of the potential loss.
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit this website’s liability in respect of any:
- death or personal injury caused by this website’s negligence;
- fraud or fraudulent misrepresentation on the part of this website; or
- matter which it would be illegal or unlawful for this website to exclude or limit, or to attempt or purport to exclude or limit, its liability.
By using this website, you agree that the exclusions and limitations of liability set out in this website’s disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.
You accept that, as a limited liability entity, this website has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against this website’s officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website’s disclaimer will protect this website’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as this website.
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
You hereby indemnify this website and undertake to keep this website indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by this website to a third party in settlement of a claim or dispute on the advice of this website’s legal advisers) incurred or suffered by this website arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
Breaches of these Terms and Conditions
Without prejudice to this website other rights under these terms and conditions, if you breach these terms and conditions in any way, this website may take such action as this website deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
This website may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
This website may transfer, sub-contract or otherwise deal with this website’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
These terms and conditions , together with all other terms and conditioned linked on this page, constitute the entire agreement between you and this website in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.
Law and Jurisdiction
These terms and conditions will be governed by and construed in accordance with the laws of the Republic of South Africa and the laws of the United States of America, and any disputes relating to these terms and conditions will be subject to the non-exclusive jurisdiction of the courts of South Africa, or the Unites States or both.
Registrations and Authorisations
Should you have any questions about our terms, please email us on email@example.com
In Gear Promotional Solutions may collect and use the following kinds of personal information:
- information about your use of this website including pages accessed and data posted and retrieved.
- information about your location based on ip, geolocation and other methods.
- information that you provide for the purpose of registering with the website.
- information about transactions carried out over this website.
- information that you provide for the purpose of subscribing to the website services, and
- any other information/data that you send to In Gear Promotional Solutions
In Gear Promotional Solutions may use your personal information to:
- administer this website;
- personalize the website for you;
- enable your access to and use of the website services;
- publish information about you on the website;
- send to you products that you purchase;
- supply to you services that you purchase;
- send to you statements and invoices;
- collect payments from you; and
- send you marketing communications that you agree to receive.
Where In Gear Promotional Solutions discloses your personal information to its agents or sub-contractors for these purposes, the agent or sub-contractor in question will be obligated to use that personal information in accordance with the terms of this privacy statement.
In addition to the disclosures reasonably necessary for the purposes identified elsewhere above, In Gear Promotional Solutions may disclose your personal information to the extent that it is required to do so by law, in connection with any legal proceedings or prospective legal proceedings, and in order to establish, exercise or defend its legal rights.
Securing your Data
In Gear Promotional Solutions will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information.
In Gear Promotional Solutions will store all the personal information you provide on its secure servers.
Information relating to electronic transactions entered into via this website will be protected by encryption technology and all payment transactions are handled by relevant payment gateways and NO identifiable account information is stored on our systems.
Cross-Border Data Transfers
In addition, personal information that you submit for publication on the website will be published on the internet and may be available around the world.
You agree to such cross-border transfers of personal information.
This website contains links to other websites.
In Gear Promotional Solutions is not responsible for the privacy policies or practices of any third party.
Updating this Statement
You should check this page occasionally to ensure you are familiar with any changes.