Marketing Customer Experience

General Terms and Conditions of Sale (services)

These General Terms and Conditions of Sale apply to any services you purchase from our website. These terms and conditions will apply regardless of how you access our website, including via any device through which we make our website available to you. Please read these terms and conditions carefully. When placing an order through the website, you will be asked to confirm that you have read, understood and agree to the terms and conditions in their entirety. If you do not agree to these, you must not order any service(s) through the website.

Buying services

  • When buying services from the website, you will be asked to confirm certain personal details.
  • You confirm that all personal information provided to us by you is accurate, true to your knowledge, and does not misrepresent you or other persons.
  • We will not share, sell, nor divulge your personal information and will use it for the express purpose of our business laiison with you.
  • By buying services or otherwise contacting MarketingCX, you are giving us permission to opt you into all communications including but not limited to email, sms, and other notifications.
  • If you decide at whatever stage to opt out of marketing communications, a single request via any medium will ensure that you are removed from our subscriber list.

Payment

  • During the checkout process, you will be asked to enter your payment details. All fields indicated as compulsory must be completed.
  • By completing payment details you confirm that the method being used to make payment belongs to you, or is in your name, where an agreement is entered into with any credit or third party provider.
  • Payment options include card payments via PayFast and direct deposit into the following bank account (please use your full name as a reference for the latter) FNB (First National Bank) yada –
  • We do not store your payment information, however third party providers used by us may be using encrypted secure payment mechanisms that could store your data. Please see individual payment providers websites for further information on how they retain your personal information when collected during a payment process.
  • We take full payment immediately for all products. Card payments will be subject to authorisation from your card issuer.
  • We shall be under no liability for any failure to deliver services when the delay or failure is wholly or partly caused by force majeure events, or other circumstances beyond our control.
  • We will make every effort to keep you informed should it appear that services will be interrupted at any point in time ahead, for reasons beyond our control.
  • We shall be under no liability to you for such delay or failure of services being provided, under such abnormal conditions.
  • Services cannot be carried over and clients cannot accrue credit. Nonparticipation in coaching or other services per calendar month will not entitle you to participate in the following calendar month's activities free of charge.
  • Services are billed a month in advance, and on a month to month basis. Clients have the right to cancel at any point through simple nonpayment for the month ahead.

Our Website

Website Use

  • By accessing, browsing, placing an order on, registering with, or using this website, you confirm that you have read, understood and agree to these conditions in their entirety. If you do not agree to these terms and conditions in their entirety, please do not use this website.
  • Your use of this website, is governed by all legal notices on this website together with all applicable terms and conditions and our Privacy Policy and Cookie Policy.
  • Use of this website by you, should only be for lawful purposes and you may not use it in a way that infringes the rights of anyone else or that restricts or inhibits anyone else’s enjoyment of the website.
  • Without our prior written consent, you must not copy, reproduce, edit, communicate to the public, deep-link into, or distribute in any way the web pages or materials on the website or the computer codes or elements comprising the website other than solely for your own personal use.
  • Content of this website may not be used for any commercial purposes whatsoever.

Rights Ownership

  • All rights, including copyright and intellectual property rights used on, in and to this website are owned by or licensed to MarketingCX.
  • Use of the website grants no rights to you in relation to our intellectual property rights, or that of third parties.
  • By submitting information (other than compulsory personal information), text, photos, graphics or other content to the website, you confirm that you have the right to use the material and grant us a right to use such materials at our discretion, with or without accreditation in any media including, without limitation, to post and remove such materials from the website.
  • You further agree to execute all such submissions and do as we may reasonably require in order to assign any such rights to us and waive any moral rights you acquire in the website.
  • Other than personal information, all comments, blog posts, service reviews, suggestions, questions, images, product or marketing ideas and any other submissions disclosed, submitted or offered to MarketingCX on or through the website or otherwise by you shall become and remain our property once submitted.
  • You warrant that you own or have the right to use any submissions. Social Networking Sites.
  • These terms and conditions also govern any submissions you make on any MarketingCX related third party website or page such as our Facebook, Twitter, or Instagram.
  • We are not responsible for any content or material posted on any third party social networking site and such content does not
    necessarily reflect the opinions or ideas of MarketingCX or its employees.
  • All material posted on any third party social networking site must comply with the third party social networking sites’ Terms of Use, and these terms and conditions.

Intellectual Property Rights

  • By offering or disclosing any submissions, your agreement to these terms and conditions shall constitute an assignment to MarketingCX of any intellectual property rights.
  • Whenever you use a feature that allows you to upload to our site, or to make contact with other users of our site, or make any submissions on any MarketingCX related third party website, you must comply with the content standards set out in these terms and conditions.
  • We are not responsible for, nor do we endorse any third-party advertising on our pages of any social networking sites.
  • All rights, including copyright on our websites, and third-party pages are owned by or licensed to MarketingCX.
  • Any use of MarketingCX social networking pages or their contents, including copying or storing them in whole or in part, other than for your own personal, non commercial use is prohibited unless we have given our permission in writing.
  • You confirm that any content you offer by submission is your own and does not infringe the intellectual property of others, including trademarks and copyrighted material.

Confidentiality

  • Any material you upload to our website will be considered non- confidential and non proprietary, and we have the right to use, copy, distribute and disclose to third parties any material in the submissions for any purpose.
  • We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site or any MarketingCX related third party social networking sites constitutes a violation of their intellectual property rights, or of their right to privacy.
  • We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by any user of our website.
  • We have the right to remove any submissions you make on our website if, in our opinion, such submission does not comply with the content standards.

Rules for Submissions

  • You must be 18 years of age or older.
  • Suppliers or manufacturers are not eligible to post a submission advertising such goods or services in a direct manner unless agreed to by us in writing.
  • You must be the author and owner of the intellectual property rights implicated in any posting, or otherwise credit or attribute such content to the correct source.
  • Submissions should not include:
  • 1. offensive, abusive or otherwise inappropriate language;
  • 2. blasphemy, discriminatory , profane, racist, sexually explicit, sexually gratuitous, or spiteful comments or content that might be considered to be harassment, or threatening against the personal safety or property of others;
  • 3. comments about other users commenting, reviewing or blogging on the site;
  • 4. remarks about criminal accusations, false, defamatory or misleading statements;
  • 5. material impersonating others or personal information about anyone, including yourself, such as phone
    numbers, postal addresses or credit card numbers;
  • 6. advertisements or spam material;
  • 7. third party brand names or trade marks;
  • 8. computer script, HTML coding or website URLs;
  • 9. availability, price, promotions or alternative ordering or delivery information;
  • 10. information about our suppliers or manufacturers;
  • 11. unsupported claims about our services producing an effect other than that for which they are indicated;
  • 12. references to any products other than the product to which the submission relates.
  • MarketingCX reserves the right in its absolute discretion to not publish the submission, or remove comments or reviews which do not comply with the terms and conditions.

Accuracy of Content

  • To the extent permitted by applicable law, we disclaim all representations and warranties, express or implied, that content or information displayed in or on this website is accurate, complete, up-to date and does not infringe the rights of any third party.
  • Any views expressed in user content are opinions of those users and do not represent the views, opinions, beliefs or values of MarketingCX.

Damage to Your Computer or Electronic Device

  • We use reasonable efforts to ensure that this website is free from viruses and malicious or harmful content, but we cannot guarantee that your use of the content or any links on this website will not cause damage to your computer or device.
  • It is your responsibility to ensure that you have the right equipment, including antivirus software to use the website safely and to screen out anything that may damage or harm your computer or device.
  • We shall not be liable, except where required by applicable law, to any user for any loss or damage they suffer as a result of viruses or other malicious or harmful content that they access from or via this website.

Links to Other Websites

  • On this website, we might place links to other websites we think you may want to visit. We do not vet these websites and do not have any control over their content.
  • We cannot accept any liability, except where required by applicable law, in respect of the use of any linked websites.

Liability Exclusions

  • We exclude all representations, warranties, conditions and terms, whether express or implied to the fullest extent permitted by law.
  • We accept no liability for any losses or damages which are not reasonably foreseeable arising out of or in connection with these terms and conditions or your use of the website.
  • These exclusions shall be governed by and construed in accordance with South African law. If any provision of these disclaimers and exclusions shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
  • Nothing in these terms and conditions shall limit or exclude our liability for fraud, or personal injury or death caused by our negligence.
  • These terms and conditions shall also not limit or exclude any other liability that we are not permitted to limit or exclude under applicable law.
  • On areas of this website, there may be other legal notices which relate to your use of the website, all of which together with these terms and conditions govern your use of this website.

Assignment and Third Party Rights

  • We may update or amend these terms and conditions from time to time to comply with law or to meet our changing business requirements without notice to you. Any updates or amendments will be posted on the website.
  • You may not assign or sub-contract any of your rights or obligations under these terms and conditions to any third party unless we agree in writing.
  • We may assign, transfer or sub-contract any of our rights or obligations under these terms and conditions to any third party at our discretion.
  • Only you and we shall be entitled to enforce these terms and conditions. No third party shall be entitled to enforce any of these terms and conditions, whether by virtue of seemingly appropriate acts of legislation or otherwise.

Waiver

  • No relaxation or delay by us in exercising any right or remedy under these terms and conditions shall operate as waiver of that right or remedy or shall affect our ability to subsequently exercise that right or remedy.
  • Any waiver must be agreed by us in writing.

Severability

  • If any of these terms and conditions are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of these terms and conditions shall remain in full force and effect.
  • Any matter that arises out of your use of this website (including any contract entered between you and us through the website) shall be governed by the laws of South Africa and any disputes shall be subject to the exclusive jurisdiction of the courts of South Africa. All contracts shall be concluded in English.

Changes to these Conditions

  • We reserve the right to change and update these terms and conditions from time to time and recommend that you revisit this page regularly to keep informed of the current terms and conditions that apply to your use of the website.
  • By continuing to access, browse and use this website, you will be deemed to have agreed to any changes or updates to our terms and conditions.

Privacy and Cookie Policies

Please see our Privacy Policy and Cookie Policy.

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