Use Of The Mercury Build-It Website
Mercury Build-It authorizes you to use the Mercury Build-It Website only for your own personal, non-commercial purposes. Use of the Mercury Build-It Website for any public or commercial purpose (including, without limitation, on another site or through a networked computer environment) is strictly prohibited. If you make copies of any of the materials, you must retain on any such copies all copyright and other proprietary notices contained in the original materials. You may not modify, publicly display, publicly perform or distribute the materials. As between you and Mercury Build-It, Mercury Build-It owns the Mercury Build-It Website. The Mercury Build-It Website is protected under South African and international copyright laws. Any unauthorised use of the Mercury Build-It Website may violate copyright, trademark and other laws. If you breach any of these Terms, your authorisation to use this site automatically terminates and you must immediately destroy any downloaded or printed materials.
You are responsible for obtaining and maintaining all equipment and services needed for access to and use of the Mercury Build-It Website and for paying all charges related thereto. When you register to open an account anywhere on the Mercury Build-It Website or when you contact Mercury Build-It through the Mercury Build-It Website for the purpose of receiving products or services, Mercury Build-It may collect certain personal information about you. Mercury Build-It’s use of such information is governed by the provisions of the Mercury Build-It Online Privacy Statement for the Site. By using our Site, you consent to such processing and you warrant that all data provided by you is true, accurate, current and complete information (and, for as long as you continue to use your Mercury Build-It Website account, you agree to update such information and to keep it true, accurate, current and complete). You are responsible for maintaining the confidentiality of your Mercury Build-It Website password and you are solely responsible for all activities that occur under your password. You agree to notify Mercury Build-It immediately of any unauthorised use of your password or any other breach of security related to the Mercury Build-It Website.
You agree not to use the Mercury Build-It Website (including, without limitation, any Materials or Services you may obtain through your use of the Mercury Build-It Website): (a) in a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law (each a “Law”); (b) to stalk, harass, or harm another individual; (c) to impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; or (d) to interfere with or disrupt the Mercury Build-It Website or servers or networks connected to the Mercury Build-It Website. You further agree not to (d) use any data mining, robots, or similar data gathering or extraction methods in connection with the Mercury Build-It Website; or (e) attempt to gain unauthorised access to any portion of the Mercury Build-It Website or any other accounts, computer systems, or networks connected to the Mercury Build-It Website, whether through hacking, password mining, or any other means and as further detailed below.
Viruses, hacking and other offences: You must not misuse the Mercury Build-It Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Mercury Build-It Website, the server on which the Mercury Build-It Website is stored or any server, computer or database connected to the Mercury Build-It Website. You must not attack the Mercury Build-It Website via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Mercury Build- It Website will cease immediately. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Mercury Build-It Website or to your downloading of any Materials posted on it, or on any website linked to it.
Mercury Build-It may terminate, suspend or modify your registration with, or access to, all or part of the Mercury Build-It Website, without notice, at any time and for any reason. You may discontinue your participation in, and access to the Mercury Build-It Website at any time. If you breach any of the Terms laid out in this policy document, your authorisation to use the Mercury Build-It Website is automatically terminated, and you must immediately destroy any downloaded or printed Materials, as well as any copies thereof.
The owners of the Mercury Build-It Website are not responsible for the quality or performance of the Mercury Build-It Website – and the liability for any risks or potential risks associated with accessing this site rests solely with the visitor. Should the materials or services prove defective, you, and not Mercury Build-It, assume the entire cost of all necessary servicing and repair. Mercury Build-It expressly repudiates all warranties of any kind, whether express, implied, or statutory, with respect to the Mercury Build-It Website (including, but not limited to, any implied or statutory warranties of merchantability, fitness for a particular use or purpose, and non-infringement of intellectual property rights). Without limiting the generality of the foregoing, Mercury Build-It makes no guarantee that the Mercury Build-It Website will meet your requirements or that the Mercury Build-It Website will be uninterrupted, timely, secure, or error free or that defects in the Mercury Build-It Website will be corrected. All of the website content and materials come without guarantees, and Mercury Build-It makes no assurances as to the results that may be obtained from the use of the Mercury Build-It Website or as to the accuracy or reliability of any information obtained through the Mercury Build-It Website. No advice or information, whether oral or written, obtained by you through the Mercury Build-It Website or from Build- It, its parents, subsidiaries, or other affiliated companies, or its or their suppliers (or the respective officers, directors, employees, or agents of any such entities) (collectively, “the Build-It parties”) shall create any warranty. Mercury Build-It disclaims all equitable indemnities.
Limitation Of Liability
In no event will any of the Mercury Build-It parties be legally responsible for: (a) indirect, special, consequential, disciplinary, or prototypical damages whatsoever or howsoever caused; or (b) any direct damages whatsoever in excess of one hundred South African (zar100.00) rands (including, without limitation, those damages resulting from a loss of revenues, lost profits, loss of goodwill, loss of use, business interruption, loss or corruption of data or other intangible losses), directly arising out of, or in connection to the Mercury Build-It Website (including, without limitation, use, inability to use, or the results of use of the Mercury Build-It Website), whether such damages are based on warranty, contract, misdemeanour, statute, or any other legal theory and even if any Build-It party has been advised (or could be expected to have known) of the possibility of such damages.
Exclusions And Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above disclaimers and limitations of liability may not apply to you. To the extent that any Build-It Party may not, as a matter of applicable law, refute any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of the Build-It Party’s liability shall be the minimum permitted under such applicable law.
Other Agreements: Software, Services Or Access
Mercury Build-It may provide products (such as hardware or software); services (such as hardware maintenance or repair, or software maintenance, installation or training); or access to Mercury Build-It Website under the terms of a separate agreement between you and Mercury Build-It (each, an “Other Agreement”). Mercury Build-It‘s obligations with respect to any product, service or access that it makes available to you under any Other Agreement shall be governed solely by the Other Agreement under which such product or service is provided and these Terms shall not be deemed or construed to alter the terms of such Other Agreements.
Note: Further reproduction or redistribution of any software that is made available for download from the site is expressly prohibited, unless such reproduction or redistribution is expressly permitted by the license agreement accompanying or included with such software.
Modifications To Mercury Build-It Website
Mercury Build-It reserves the right to modify, suspend or discontinue the Mercury Build-It Website at any time without notice to you. For example, Mercury Build-It may make changes to the Materials and/or Services or to the products and prices described in them, at any time without notice. The Materials and Services may be out of date and Mercury Build-It will update the Materials and Services at its own discretion. Information published on a Site may refer to products, programs or services that are not available in your locale. Consult your local Mercury Build-It business contact for information regarding the products, programs and services that may or may not be available to you.
Certain areas of the Mercury Build-It Website (for example, chat rooms or customer ratings and review areas) may permit you to submit feedback, information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials (each, a “User Submission”). By submitting a User Submission, you grant Mercury Build-It an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, license (sub-licensable through multiple tiers) to: (a) use, distribute, reproduce, modify, adapt, publish, translate, perform publicly, and publicly display your User Submissions (or any modification thereto), in whole or in part, in any format or medium now known or later developed; and (b) use (and permit others to use) your User Submission in any manner and for any purpose (including, without limitation, commercial purposes) that Mercury Build-It deems appropriate in its sole discretion (including, without limitation, to incorporate your User Submission or any modification thereto, in whole or in part, into any technology, product, or service). Mercury Build-It reserves the right to display advertisements in connection with User Submissions and to use User Submissions for advertising and promotional purposes. Mercury Build-It may, but is not obligated to, screen User Submissions or monitor any area of the Mercury Build-It Website through which User Submissions may be submitted. You agree that you are solely responsible for all of your User Submissions. Mercury Build-It is not required to host, display, or distribute any User Submissions on or through the Mercury Build-It Website and may remove at any time or refuse any User Submissions for any reason. Mercury Build-It is not responsible for any loss, theft, or damage of any kind to any User Submissions. You understand and agree that any User Submission will be considered non-confidential and non-proprietary and that Mercury Build-It will be free to disclose your User Submission to any third party absent any obligation of confidence on the part of the recipient. Mercury Build-It does not guarantee that you will have any recourse through Mercury Build-It or any third party to edit or delete any User Submission that you have submitted.
By submitting any User Submission, you represent and guarantee that you are at least 13 years old; you own ALL rights in your User Submissions or, alternatively, you have acquired all necessary rights in your User Submissions to enable you to grant to Mercury Build-It the rights in your User Submissions described herein:
• You have paid – and will pay in full - all license fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of your User Submissions;
• You are the individual pictured and/or heard in your User Submissions or, alternatively, you have obtained permission from each person (including consent from parents or guardians for any individual under the age of eighteen (18)) who appears and/or is heard in your User Submissions to grant the rights to Mercury Build-It described herein;
• Your User Submissions do not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party;
• You voluntarily agree to waive all “moral rights” that you may have in your User Submission;
• Any information contained in your User Submission is not known by you to be false, inaccurate, or misleading;
• Your User Submission does not violate any Law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising);
• Your User Submission is not, and may not reasonably be considered to be, defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, or corporation, vulgar, pornographic, obscene, or invasive of another’s privacy;
• You were not and will not be compensated or granted any consideration by any third party for submitting your User Submission;
• Your User Submission does not incorporate materials from a third party website, or address, email address, contact information, or phone number (other than your own);
• Your User Submission does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files;
• Your User Submission does not contain any information that you consider confidential, proprietary, or personal; and
• Your User Submission does not contain or constitute any unsolicited or unauthorised advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.
Links To Third-Party Websites
Links on the Mercury Build-It Website to third-party websites are provided solely as a convenience to you. If you use these links, you will leave the Mercury Build-It Website. Mercury Build-It is not obliged to review such third-party websites, does not control such third-party websites and is not responsible for any such third-party websites (or the products services, or content available through the same). Thus, Mercury Build-It does not endorse or make any representations about such third-party websites, any information, software, products, services or materials found there or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to from the Mercury Build-It Network, you do this entirely at your own risk.
Linking to this Site
You may create links to this Site from other websites, but only in accordance with the following terms and in compliance with all applicable laws. Without Mercury Build-It’s written authorisation to the contrary, a website that links to this Site:
• May link to, but shall not replicate, any Materials (including any Mercury Build-It logo);
• Shall not create a browser or border environment around any Materials;
• Shall not imply that Mercury Build-It endorses such website or any products, services or content available through such website;
• Shall not misrepresent its relationship with Mercury Build-It;
• Shall not present false or misleading information about Mercury Build-It, its products or its services;
• Shall not contain content that could be construed as distasteful, offensive or controversial; and
• Shall contain only content that is appropriate for all age groups. Mercury Build-It reserves the right to withdraw linking permission without notice.
Website Cookies Policy
Certain parts of the Mercury Build-It Website use “cookies” to keep track of your visit and to help you navigate between sections. A cookie is a small data file that may be stored on your computer’s hard-drive when you visit a website. Cookies can contain information such as the pages you have visited.
Mercury Build-It and any other product or service name, slogan, or logo contained in the Mercury Build-It Website are trademarks of Mercury Build-It and its suppliers or licensors and may not be copied, imitated or used, in whole or in part, without the prior written permission of Mercury Build-It or the applicable trademark holder. Ownership of all such trademarks and the associated goodwill remains with Mercury Build-It or the relevant trademark holder. You may not use any metatags, or any other “hidden text”, utilising any name, trademark or product or service name of Mercury Build-It without Mercury Build-It’s express written permission. In addition, the look and feel of the Site (including all page headers, custom graphics, button icons and scripts) is the service mark, trademark and/or trade-dress of Mercury Build-It and may not be copied, imitated or used (in whole or in part) without Mercury Build-It’s express written permission. Reference to any products, services, processes or other information, by trade name, trademark or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Mercury Build-It.
When you visit the Site or send e-mails to Mercury Build-It, you are communicating with Mercury Build-It electronically. We may respond to you by e-mail or by posting notices on the Site. You agree that all such notices, disclosures and other communications that Mercury Build-It provides to you electronically, satisfy all legal requirement that such communications be in writing.
These Terms, together with any additional terms to which you agree when using particular elements of the Mercury Build-It Website, constitute the entire, exclusive and final statement of the agreement between you and Mercury Build-It with respect to the subject matter contained herein, superseding any prior agreements or negotiations between you and Mercury Build-It with respect to such subject matter. The Mercury Build-It Parties are third party beneficiaries with respect to the provisions in these Terms that reference them. These Terms and the relationship between you and Mercury Build-It shall be governed by the laws of South Africa and by using this Site you submit to the exclusive jurisdiction of the South African courts. The failure of Mercury Build-It to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavour to give effect to the intentions of Mercury Build-It and you as reflected in the provision, and that any other provision of these Terms remain in full force and effect. The section titles in these Terms are for clarity and convenience only and they represent no legal or contractual effect. These Terms shall remain in full force and effect notwithstanding whether or not you discontinue your use of the Mercury Build-It Website. These Terms, and any rights, responsibilities and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Mercury Build-It without restriction.
Modifications to these Terms
At the sole discretion of Mercury Build-It these Terms may change from time to time. Mercury Build-It will post notice of such changes on the applicable Site. If you object to any such changes, your sole recourse shall be to cease using the Mercury Build-It Website. Continued use of the Mercury Build-It Website following notice of any such changes shall indicate your acknowledgement of such changes and your agreement to be bound by the Terms and Conditions of such changes. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages of the Mercury Build-It Website and, in such circumstances, the expressly designated legal notice or term shall be deemed to take precedence, to be incorporated into these Terms and to supersede such provision(s) of these Terms as are designated as being superseded.
Returns and Refunds Policy
If you are not satisfied with your purchase, and wish to return it for a refund, Mercury Build-It will reimburse you for the exact amount paid, minus the following:
• Delivery costs already incurred by Mercury Build-It.
• Any pertinent fees for the restocking of special orders.
The limitations Mercury Build-It associates with refunds and returns are as follows:
• Refunds will only be processed in accordance with our Terms & Conditions and this Refunds policy.
• Refunds will be made using the same payment method that was used to make the purchase will be used to refund it, and payment will only be made into the account from which the original transaction was processed, e.g., credit card, EFT, etc.
• Mercury Build-It, in its sole discretion, reserves the right to refund a maximum of R2000.00 (two-thousand rand) in cash, with the balance to be paid via EFT.
• Returns of products to the Mercury Build-It store must be undertaken at your own cost.
• Returns must be accompanied by the original invoice/proof of payment, and must comply with the Terms & Conditions laid out by Mercury Build-It.
• Sand, stone, bricks and tint paint cannot be returned.
Please note that a refund may take up to seven working days to reflect in your account, and EFT refunds are subject to verification of your banking details.
If for any reason you would like to cancel an existing order, you may do so by contacting Mercury Build-It telephonically, on 011 897 3100.
We reserve the right not to refund the delivery fee in respect of any late cancellations. If you cancel your payment for any reason, or if your payment method should cease to be valid for whatever reason, you will nevertheless be bound to pay to the full purchase price, including all costs incurred by us relating to the recovery thereof.