MARKET JAR: TERMS AND CONDITIONS

  1. Introduction
    1. This website is owned and operated by Market Jar (“Market Jar”, “we”, “us”, “our”). The use of www.marketjar.co.za (“the Website”), and/or registering as an influencer, and/or booking to attend influencer training with Influencer College (“training”) is subject to the following terms and conditions (“Terms of Use”).
    2. These Terms of Use are binding and enforceable against every person that accesses or uses this Website (“you”, “your” or “user”). By using the Website and/or by registering as a user, and/or booking to attend training, you acknowledge that you have read and agree to be bound by these Terms of Use.
    3. Please read these Terms of Use carefully – they constitute a fully binding agreement etween you and Market Jar. If you do not agree to these Terms of Use, you are prohibited from using the Website in any way.
  2. Booking, registration and use of the Website
    1. By accessing and/or using this Website you warrant that you are eighteen (18) years of age (or older) and have full legal capacity.
    2. If you are under the age of eighteen (18), or if you lack legal capacity, then you may only use this Website with consent of your parent or legal guardian. If your parent or legal guardian consents, then such person agrees to be bound to these Terms of Use, and to be liable and responsible for you and all your obligations under these Terms of Use.
    3. To register as an influencer, and/or to book to attend training, you must provide certain personal information to Market Jar – any personal information processed by Market Jar will be processed in accordance with the Protection of Personal Information Act 4 of 2013, and in terms of our Privacy Policy.
    4. You agree and warrant that you will not disclose your username and password to any third party and that it is only for personal use.
    5. You agree to notify Market Jar immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm.
  3. Registration as an Influencer
    1. Users may register as an influencer on the Website, which Market Jar may accept or reject.
    2. Registering as an influencer on the Website does not constitute an agreement– whether or not you are selected as an influencer will depend on whether your profile matches one of the brands we represent.
    3. Notwithstanding any communication from Market Jar stating that you have been selected as an influencer, Market Jar will confirm your appointment as an influencer once you have signed Market Jar’s influencer agreement, and only at that point will an agreement between you and Market Jar come into effect.
    4. Market Jar is under no obligation to accept your application to become an influencer, and the sole discretion as to whether you are successfully selected to perform the services required will at all times vest in Market Jar, and your appointment will only be confirmed once you have returned a signed copy of the influencer agreement to Market Jar.
  4. Influencer training
    1. Market Jar’s Influencer College runs practical influencer training, with an emphasis on application rather than theoretical knowledge. The training is non-aligned, and not accredited and is focused on personal and soft skills development.
    2. Users may register to attend influencer training on the Website, which Market Jar may accept or reject.
    3. Registering to attend influencer training on the Website does not constitute an agreement– whether or not your booking is confirmed will depend on the number of bookings received, and space availability.
    4. Notwithstanding any communication from Market Jar stating that your training date has been booked, Market Jar will confirm your booking once you have made payment, and only at that point will an agreement between you and Market Jar come into effect.
    5. Market Jar is under no obligation to accept your booking to attend training, and the sole discretion as to whether your booking is confirmed will at all times vest in Market Jar, and your booking will only be confirmed once you have made payment.
  5. Payment
    1. The currency used to pay for training on www.marketjar.co.za, is the South African Rand.
    2. We are committed to ensuring you are able to pay for our services from the Website via a secure, online payment facility. All transactions are encrypted using appropriate encryption technology and payment can be made for training via:
      - credit or debit card via PayFast;
      - Instant EFT.
    3. You warrant that you are fully authorised to use the payment method supplied for purposes of paying for the training. You also warrant that the payment method has sufficient available funds to cover the purchase price of the training together with all delivery and other costs.
    4. Notwithstanding any communication from Market Jar stating that your training date has been booked, Market Jar will confirm your booking once you have made payment, and only at that point will an agreement between you and Market Jar come into effect.
    5. The payment method used to make the booking will be debited on registration, assuming there is space available. Should the training be fully booked or cancelled for any reason, the payment method used will be credited with the original debited amount.
    6. Should your payment provider reject payment, the booking will not be processed and will be cancelled.
    7. As part of measures taken to prevent fraud, the parties agree that Market Jar is entitled to transmit information regarding the order and the payment method to a third party for verification purposes.
    8. In the event you have any queries regarding payment, you may contact us at via the contact us tab on the website, or at info@marketjar.co.za.
  6. Cancellation of training (font different in this clause 6 – ensure consistent)
    1. In accordance with section 17 of the Consumer Protection Act No. 68 of 2008, the client is entitled to cancel this agreement at any time before the training due has been rendered, but subject to Market Jar charging a reasonable cancellation fee.
    2. The parties agree and acknowledge that bookings are taken in advance of the actual training date, in order to make arrangements for venue hire and catering, and while Market Jar will do everything possible to accommodate a date change, given the advanced nature of bookings, and the likely loss that Market Jar will incur, a date change (for whatever reason, howsoever arising) will be treated the same as a cancellation of the training.
    3. Each cancellation will be reviewed on its own merits and according to its own unique circumstances to determine the applicable cancellation fee. As a guideline, the cancellation fee will be dependent on the proximity of the client’s termination with the date on which the training is to be rendered – the guidelines below serve as an illustration: - 1 months’ (or more) notice from date of the event – no cancellation charge
      - 3 weeks’ notice from date of the event – 50% of the cost
      - 2 weeks’ notice from date of the event – 75% of the cost
      - 1 week (or less)’ notice from date of the event – 90% of the cost
  7. Disclaimers and Important Information
    1. Market Jar disclaims all implied warranties.
    2. Although Market Jar has taken all reasonable steps to guard against viruses or destructive codes, it gives no warranty that the Website is free of viruses or any other data or code that has the ability to corrupt or affect your system.
    3. The use of the Website in any form is entirely at the users’ own risk and the Website is provided ‘as is’.
    4. Market Jar is not liable for any damages whatsoever relating to your use of and/or access of the Website in any manner, howsoever arising, including instances of loss caused by the negligence of Market Jar and/or its affiliates, partners or representatives.
    5. Unless otherwise noted, the contents of this Website are subject to intellectual property rights that vest in Market Jar, or that vest in other entities. You are thus prohibited from using the content in this Website, its related web pages, social media channels, electronic or written publications or any other media and/or words, phrases, names, designs or logos without express written permission or unless used in accordance with these Terms of Use.
    6. All information, products and prices available on the Website is subject to change without notice.
  8. Site Security and Prohibited Activity
    1. You are prohibited from violating, or attempting to violate, the security of this Website. Any such violations may result in criminal and/or civil penalties against you. In terms of the Electronic Communications and Transactions Act 25 of 2002, you are notified that it is a criminal offence to gain unauthorised access to any restricted areas of this Website, or to otherwise interfere with the proper functioning thereof or to intercept any data pertaining to or relating thereto.
    2. In using the Website, you must not:
      1. post or otherwise transmit any unlawful or otherwise objectionable material of any kind;
      2. defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
      3. upload or otherwise make available, files that contain images, software or other material protected by intellectual property laws; misrepresent your identity or affiliation in any way; engage in deceptive online marketing; or assist or permit any persons in engaging in any of the activities described above.
  9. Limitation of Liability and Indemnity
    1. In addition to clause 4 above, under no circumstances, including, but not limited to, negligence, shall Market Jar, its affiliates, employees, agents or representatives be liable for any damages (of any kind) that result from the use of, or the inability to use, the materials or any information or service in or on the Website.
    2. In no event shall Market Jar, its affiliates, employees, agents or representatives’ total liability to you for all damages, losses, and causes of action (whether in contract, delict or otherwise) exceed three hundred and fifty South African Rand.
    3. You agree to indemnify, defend and hold Market Jar, its affiliates and/or any of its directors, employees, agents and contractors harmless from and against any and all claims, damages, losses, costs (including without limitation reasonable attorneys' fees) or other expenses that arise directly or indirectly out of or from (i) your breach of these Terms of Use; and/or (ii) your activities and/or conduct in connection with this Website.
  10. General
    1. Market Jar may revise these Terms of Use at any time without notice. Although we will endeavor to highlight any changes to these Terms of Use, you should revisit the Website periodically to make sure you are aware of the most recent terms, because they will be binding on you.
    2. This Agreement shall be governed by and interpreted according to the laws of the Republic of South Africa and the parties consent to the non-exclusive jurisdiction of the High Court of South Africa, KwaZulu-Natal, Durban, in respect of any proceedings arising out of or in connection with this Agreement. The parties agree that this agreement shall, for purposes of jurisdiction, have been concluded at our head office at 106 Johan Avenue, Sandton, Gauteng.
    3. If you have any questions or complaints regarding these Terms of Use, or have any queries or comments in relation to the Website, please contact info@marketjar.co.za and we will endeavor to respond to you promptly.
    4. Each provision of these terms of use shall be severable from the other provisions. Should any provision be found by a court of competent jurisdiction to be invalid or unenforceable for any reason, the remaining provisions of these terms of use shall nevertheless remain binding and continue with full force and effect.

      Full name : Market Jar (PTY) Ltd
      Names of director : Michelle Lawrenson
      Physical address : 106 Johan Avenue, Sandton, Gauteng
      Telephone number : 072 099 9562
      E-mail address : info@marketjar.co.za


      February 2019