Peter Vinton End User Agreement

Last updated: 20 April 2017

PLEASE READ THIS END-USER AGREEMENT CAREFULLY. BY USING THE PETER VINTON WEBSITE (THE “SITE”) INCLUDING ANY PAYMENTS PROCESSING SERVICES OFFERED BY THIRD PARTIES (“THE SERVICE”), YOU (“THE USER”) ARE INDICATING YOUR ACCEPTANCE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS END-USER AGREEMENT.

  1. GENERAL
  • This end-user agreement may be changed without any notice. Your continued use of this Site after any such changes constitutes your acceptance of the new end-user agreement and its terms and conditions.
  • This end-user agreement applies exclusively to your access to, and use of, this Site and does not alter in any way, the terms or conditions of any other agreement you may have with Peter Vinton for products, services or otherwise.
  • The headings of the clauses in the conditions is provided for convenience and ease of reference only and will not be used to interpret, modify or amplify the terms of the conditions.
  • No failure or delay by Peter Vinton and or its affiliates, associated parties or payment gateways to exercise any of their rights will be construed as a waiver of any such right, whether this is done expressly or implied, nor will it affect the validity of any part of this end-user agreement or prejudice our right to take subsequent action against the User.
  • Peter Vinton cannot screen or edit all the content available on the Peter Vinton site and does not accept any liability for illegal, defamatory or obscene content. Users are encouraged to inform Peter Vinton of any content that may be offensive or illegal.
  1. PRIVACY POLICY

Peter Vinton believes strongly in protecting User privacy. Therefore, we have put together and follow a policy that respects and addresses the User’s needs. Users of this Site should refer to our Privacy Policy for information about how Peter Vinton uses and collects information.

  1. COPYRIGHT

Copyright 2017 © Peter Vinton, Johannesburg, South Africa. All rights not expressly granted, are reserved. To obtain permission for the commercial use of any content on this site contact Peter Vinton at peterv@vinton.co.za.

  1. INTELLECTUAL PROPERTY RIGHTS

All the content, trademarks and data on this web site, including but not limited to, images, photographs, software, databases, text, graphics, icons, hyperlinks, private information, logos, designs and agreements, are the property of, or are licensed to Peter Vinton and as such are protected from infringement by local and international legislation and treaties.

  1. LICENSES AND SITE ACCESS
  • Peter Vinton grants you a limited license to make use of the Site. Such limited grant does not include, without limitation: (a) any resale of the Site or any content therein; (b) the collection and use of any listings or descriptions; (c) making derivative uses of the Site and its contents; or (d) use of any data mining, robots or similar data gathering and extraction methods. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Peter Vinton or any affiliate or third party.
  • You may not use, frame or utilise framing techniques to enclose any Peter Vinton trademark, logo, photographs or other proprietary information (including the images found on this Site, the content of any text or the layout/design of any page or form contained on a page) without Peter Vinton‘s express written consent. Further, you may not use any meta tags or any other “hidden text” utilising a Peter Vinton name, image, trademark or product name without Peter Vinton‘s express written consent.
  1. LINKING
  • You are granted a limited, non-exclusive right to create a hyperlink to this Site provided such link does not portray Peter Vinton, its affiliates or associated third-parties or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner. You may not use a Peter Vinton logo, image or other proprietary graphic or trademark of Peter Vinton to link to this Site without the express written permission of Peter Vinton. This limited right may be revoked at any time without prior notice being given.
  • Peter Vinton makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of sites accessible by hyperlink from this Site, or sites linking to this Site. The linked sites (including the payment gateway) are not under the control of Peter Vinton and Peter Vinton is not responsible for the security and / or content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. The inclusion of any link does not imply affiliation, endorsement or adoption by Peter Vinton of the site or any information contained therein. When leaving the Peter Vinton site, you should be aware that Peter Vinton‘s terms and policies no longer govern, and therefore you should review the applicable terms and policies, including privacy and data-gathering practices, of that site, including the payment gateway.
  1. USER CONDUCT
  • In using this Site, and any of the services it offers, you agree:
    • Not to use the website in such a way that is in violation of any applicable law or regulation;
    • Not to disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers or networks connected to or accessible through the Site or affiliated or linked Web sites;
    • Not to violate, or attempt to violate the security of Peter Vinton, its affiliates or third-parties. Violations of system or network security may result in civil or criminal liability. Peter Vinton will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations;
    • Not to disrupt or interfere with any other user’s enjoyment of the Site or affiliated or linked Web sites;
    • Not to upload, post or otherwise transmit through or on this Site any viruses or other harmful, disruptive or destructive files;
    • Not to transmit through or on this Site spam, chain letters, junk mail or any other type of unsolicited mass email or any other undesirable content to people or entities who have not agreed to be part of such mailings.
  • In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted under your user account (if applicable), and that you will comply with all applicable local, national and international laws and regulations in this regard.
  1. INDEMNIFICATION

You shall remain solely liable for the content of any messages or other information you upload or transmit to the Peter Vinton Site. You agree to indemnify and hold harmless Peter Vinton from any claim, action, demand, loss or damages (including attorneys’ fees) made or incurred by any third party arising out of or relating to your conduct, your violation of this end-user agreement, or your violation of any rights of a third party.

  1. SUBMISSIONS AND POSTINGS

You agree that any images, photos, information, materials and any other content, including but not limited to questions, comments, suggestions, ideas, plans, notes, sketches, original or creative materials or any other information, provided by you in the form of e-mail or submissions to Peter Vinton, or postings on this Site, are non-confidential and shall become the non-exclusive property of Peter Vinton. By such submission or posting on the Site, Peter Vinton shall be granted full rights, including all intellectual property rights, and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. The submission of any materials to Peter Vinton irrevocably waives any and all “moral rights” in such materials, including the rights of paternity and integrity.

  1. E-MAIL DISCLAIMER
  • The information in all e-mail messages (document and attachments) sent by an employee / electronic agent / a legal member of Peter Vinton is confidential and may be legally privileged. The information transmitted is intended only for the person(s) or entity to which it is addressed. If you are not the intended recipient(s), please notify the sender immediately and then delete the e-mail (including any documents and attachments). Do not disclose the contents of such e-mail (including documents and attachments) to any other person, nor make any copies thereof.
  • Internet communications cannot be guaranteed to be secure or error-free. Neither Peter Vinton nor the sender accepts liability for any errors or omissions in the contents of messages which arise as a result of e-mail transmission. If verification is required, please request a hard copy version. Also, take note that e-mail can possibly contain viruses and that the recipient is responsible for checking and deleting viruses. In no event will Peter Vinton or the sender be liable to anyone for any indirect, special, consequential or direct damages arising from the transmission of e-mail messages, the opening of e-mail messages and their attachments, or any use thereof whatsoever.
  • No employee is authorised to conclude a binding agreement on behalf of Peter Vinton by e-mail or any other means, without the express written confirmation of a director of Kilmarnock Publishers (Pty) Ltd. Nothing contained in said e-mail shall be construed as a legally binding agreement or an offer to contract.

 

  1. ACCEPTANCE OF FUNDS
  • By registering with Peter Vinton, you appoint Peter Vinton (or its designated payment gateway) as your agent to process payments on your behalf in accordance with your instructions, subject to the terms and restrictions of this Agreement and the terms and conditions of its payment gateway. Peter Vinton will at all times deal strictly in accordance with your instructions, will only deduct funds you instructed us to deduct, and will deliver the products or services as agreed to in your instruction.
  • You acknowledge that (i) Peter Vinton and / or its third-party payment gateway, is not a bank and the Service you are provided with is a payment processing service rather than a banking service, and (ii) Peter Vinton is not acting as a trustee, fiduciary or escrow with respect to your payments, but is acting only as an agent in facilitating payment for products and services requested by you.
  • Peter Vinton reserves the right to query transactions it deems suspicious to ensure integrity of the funds.
  • Peter Vinton shall not be responsible for payments made to unintended Recipients or for payments made in incorrect amounts due to the input of incorrect information by Users / Senders.
  • Peter Vinton shall not be obligated to ship products or provide services to a User for any Product or Service for which Peter Vinton has not been fully paid by the User / Sender’s credit card issuer or bank, as applicable.
  • Peter Vinton reserves the right to require Users who have transaction reversal rates or otherwise present a relatively high risk of losses to Peter Vinton, to use alternative means of purchasing Products and Services to address such risks.
  1. CREDIT CARDS
  • Peter Vinton facilitates credit card payments through a third-party payment gateway for purchases on the Site of goods or services.
  • Peter Vinton reserves the right to charge the purchaser a delivery fee for delivery of any physical products.
  • Peter Vinton is entitled to, at any time, claim back funds from a User which were deemed, or shown to be, the result of a fraudulent transaction. The User gives Peter Vinton the right to debit the funds directly from their Credit Card account or by debiting their designated bank account directly, should the funds in their Credit Card account be insufficient.
  1. IMPOSED LIMITS AND DELAYS
  • Peter Vinton reserves the right to impose an upper limit on the amount of a single transaction which will be accepted through the Service.
  • Peter Vinton reserves the right to impose certain limits with regards to the Credit Card facility allowable by its third-party payment gateway. Details of what these limits are will be available on the Site.
  • Peter Vinton reserves the right to delay the shipping of goods based on when the funds were released by the User’s Credit Card provider.
  • Peter Vinton reserves the right to freeze or suspend any User account in the system for an indefinite period if there is suspicion of any illegal activity taking place or for any other reason whatsoever.
  1. PROHIBITED TRANSACTIONS
  • You agree that you will only use the Service to purchase goods and services from the Site.
  • You agree that you will not use the Service for illegal purposes, including but not limited to, activities that infringe the intellectual property rights of third parties.
  • You agree not to use the Service to sell business opportunities, franchises, multi-level marketing, or any other business purposes that infringes on the rights of Peter Vinton and / or it’s affiliates and associated parties.
  • You will not use the Service, the Peter Vinton website or any of the services offered therein for any unlawful or fraudulent activity. If Peter Vinton has reason to believe that you may be engaging in or have engaged in fraudulent, unlawful, or improper activity, including without limitation any violation of any terms and conditions of this Agreement, your access to the Service may be suspended or terminated.
  • You will cooperate fully with Peter Vinton to investigate any suspected unlawful, fraudulent or improper activity.
  • You agree not to impersonate a Peter Vinton User or a Peter Vinton representative, or to request that a Peter Vinton customer provide you with their password or other information to access their account.
  1. PAYMENTS FOR SERVICES
  • In order to purchase goods or services, you are required to make a payment request on the Peter Vinton website. The agreed funds will then be deducted electronically from your designated Credit Card or bank account.
  • Each Purchase may incur a delivery fee as specified on the Site.
  • Peter Vinton will not be held responsible for incorrect banking details being provided by the User which may or may not lead to a transaction being debited to the incorrect party. It is the User’s responsibility to ensure the accuracy of the provided Credit Card / banking details.
  1. NO SURCHARGES

Under Visa, MasterCard, Diners and American Express regulations, merchants may not charge a fee to the buyer for accepting credit card payments (often called a “surcharge”). We will not impose a surcharge or any other fee in using the Service provided by our third-party payment gateway for the acceptance of funds through any means including, but not limited to, the acceptance of credit cards. This restriction does not prevent us from imposing a handling fee or delivery fee in connection with the sale of goods or services, as long as the handling fee or delivery fee does not operate as a surcharge (in other words, the handling fee for transactions paid through the Service may not be higher than the handling fee for transactions paid through other payment methods).

  1. USER DEPOSITS

You acknowledge that Peter Vinton or its third-party payment gateway does not hold a deposit-taking license (a banking license) and cannot hold funds on your behalf which are not the result of payments due by you from the purchase of goods or services which Peter Vinton offered you.

  1. SECURITY
  • Peter Vinton makes every effort to ensure the security and integrity of your funds and financial information and we (and our affiliates and third-party payment gateway) make use of sophisticated systems to accomplish this. You understand however, that there is a compromise made between the extent of these security systems and the inconvenience to you, the user.
  • You understand that security still relies heavily on the use of a username and password and undertake to contact us at once if you believe your username and / or password have been compromised, or if someone has transacted from your User account without your permission.
  • Peter Vinton strongly suggests that you use a web browser with 128-bit encryption or better. However, regardless of whether you use a web browser with security features or not, Peter Vinton is unable to guarantee that data transmitted and is secure and/or will not be intercepted by unauthorised third parties.
  • Phishing is a form of fraud where criminals attempt to access your confidential information. This is done electronically or telephonically or by an e-mail request for information, by luring you to a fake website or some other such means. In any case of phishing, Peter Vinton will respond as quickly as possible to alert users to the threat or to mitigate the threat. No guarantee is given as to this action however, and Peter Vinton will not be held liable for any funds lost as a result of a User falling prey to a Phishing or Vhishing attack. It is the responsibility of the User to be aware of such potential threats, to avoid them and to report them to Peter Vinton upon discovery.
  • Peter Vinton reserves the right to implement any security measures deemed appropriate to lower or negate fraudulent transactions, which may result in certain payments a User (as a purchaser), or from a User (as a content sender), being disallowed.
  1. FEES AND PRODUCT PRICES

You understand that Peter Vinton will not charge fees for the purchase of any of the goods or services it provides. All list prices for goods and services are available on the Site and may change from time-to-time. Your acceptance of this agreement indicates your acceptance of these list prices and any change to these prices which may occur now or in the future.

  1. DISCLAIMER OF WARRANTIES
  • YOU UNDERSTAND AND AGREE THAT THIS SITE AND THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE THROUGH IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK.
  • TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PETER VINTON AND ITS AFFILIATES AND THIRD-PARTY PROVIDERS DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN INFORMATION PROVIDED BY PETER VINTON OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, MERCHANTS, SPONSORS, LICENSORS OR THE LIKE SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE.
  • YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, PHOTOGRAPHS, IMAGES, DATA OR GOODS DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS OR YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, IMAGES, DATA AND/OR GOODS.
  • YOU ACKNOWLEDGE THAT PETER VINTON DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES ON OR THROUGH THIS SITE, EXCEPT AS OTHERWISE AGREED IN WRITING, PETER VINTON AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THIS SITE.
  • PETER VINTON DOES NOT MAKE ANY WARRANTY THAT THIS SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE OR CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. PETER VINTON DOES NOT REPRESENT OR WARRANT THAT CONTENT, GOODS, MATERIALS IN THIS SITE OR INFORMATION PROVIDED BY PETER VINTON VIA E-MAIL OR OTHER ANY MEANS, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. NOR DOES PETER VINTON MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF ITS CONTENT OR AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH USE OF THE SITE.
  • PETER VINTON ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY A USER, INCLUDING, BUT NOT LIMITED TO, LOSS OF INFORMATION OR DATA FROM DELAYS, NON-DELIVERY OF CONTENT OR E-MAIL, ERRORS, SYSTEM DOWN TIME, MIS-DELIVERIES OF CONTENT, GOODS OR E-MAIL, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION OR SERVICE INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF PETER VINTON, ITS AFFILIATES, ITS LICENSORS OR A USER’S OWN ERRORS AND/OR OMISSIONS.
  • PETER VINTON DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THIS WEB SITE WILL BE MAINTAINED.
  • ALL THE CONTENT, DATA AND INFORMATION APPEARING ON THIS SITE IS PROVIDED WITHOUT A REPRESENTATION OR WARRANTY WHATSOEVER, WHETHER EXPRESSED OR IMPLIED, AND PETER VINTON DISCLAIMS ANY LIABILITY TO THE USER IN THIS REGARD.
  1. LIMITATION OF LIABILITY
  • Peter Vinton has taken reasonable steps, as far as is possible, to ensure the accuracy and completeness of the content shown on this site, to ensure that the User doesn’t suffer any loss or damages as a result of the use of this site.
  • UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION NEGLIGENCE, SHALL PETER VINTON OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING, OR DISTRIBUTING GOODS, SERVICES AND COMNTENT OR ANY RELATED SERVICES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SITE OR ANY CONTENT, GOODS OR SERVICES PROVIDED BY OR THROUGH THIS SITE, OR RESULTING FROM UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF PETER VINTON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  • PETER VINTON SHALL HAVE NO LIABILITY TO YOU IN CONNECTION WITH ANY ACTIONS OR TRANSACTIONS BY AN INDIVIDUAL THAT USES YOUR USER NAME AND PASSWORD WITH YOUR CONSENT OR KNOWLEDGE OR ANY CAUSE OVER WHICH PETER VINTON DOES NOT HAVE DIRECT CONTROL, INCLUDING, BUT NOT LIMITED TO, PROBLEMS ATTRIBUTABLE TO COMPUTER HARDWARE OR SOFTWARE (INCLUDING COMPUTER VIRUSES), TELEPHONES (OR OTHER COMMUNICATIONS EQUIPMENT), OR INTERNET SERVICE PROVIDERS.
  • PETER VINTON SHALL HAVE NO LIABILITY TO YOU IN CONNECTION WITH ANY PRODUCT, SERVICE OR OTHERWISE, PURCHASED OR USED AS A RESULT OF THE USE OF THIS SITE. IT IS EXPRESSLY UNDERSTOOD THAT THE USER IS AWARE THAT PETER VINTON PROVIDES A SERVICE TO PURCHASE GOODS AND SERVICES, AND ACCEPTS NO RESPONSIBILITY FOR THE QUALITY, RELIABILITY, SAFETY, FUNCTION, SUITABILITY OR OTHERWISE, OF A PRODUCT PURCHASED, SERVICE USED, OR OTHERWISE, AS A RESULT OF THE USE OF THIS SITE.
  • Peter Vinton shall not be liable for any fraud, deception or misrepresentations by Users of the Service in any capacity whatsoever.
  • In no event shall Peter Vinton be liable for any act or omission of any third party (such as, for example, any provider of payment gateway or telecommunications services, internet access or computer equipment or software) or for any circumstances beyond our control (such as, for example, a fire, flood, or other natural disaster, war, riot, strike, act of civil or military authority, equipment failure, computer virus, or failure or interruption of electrical, telecommunications or other utility services).
  • Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, in such jurisdictions, liability is limited to the fullest extent permitted by law.
  1. USER’S LIABILITY TO PETER VINTON

In the event that Peter Vinton takes action against you for breach of these terms of use, you agree to reimburse Peter Vinton for all legal costs, including tracing fees and collection commission, on a scale as between attorney and own client.

  1. APPLICABLE LAW

The terms and conditions pertaining to any products or services appearing on this site or pages shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Use of the service offered on this site or pages will constitute the users consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of the terms and conditions pertaining to this site or such products or services.

  1. TERMINATION

Notwithstanding any of these terms and conditions, Peter Vinton reserves the right, without notice and in its sole discretion, to terminate a User’s right to use this Site, and to block or prevent future access to and use of this Site.

  1. SEVERABILITY

If any provision of this end user agreement is held to be invalid, void or for any reason unenforceable, then that provision shall be deemed severable from this End User Agreement and shall not affect the validity and enforceability of any remaining clause or provisions.

  1. DOMICILIUM

Peter Vinton chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature: 1st Floor, 24 Hurlingham Road, Illovo, Sandton, South Africa 2196.

  1. TERMS
    • The terms “The User” and “You” are used interchangeably and refer to all individuals and/or entities accessing this web site for any reason.
    • The terms “we,” “Peter Vinton” and “Kilmarnock Publishers” are used interchangeably and refer to Peter Vinton itself and all individuals and/or entities acting directly on behalf of Peter Vinton.