Terms and Conditions

TERMS AND CONDISIONS
Welcome to Muddy Princess Incorporated’s website: Muddyprincess.co.za  owned and operated by Muddy Princess (PTY ) LTD. What follows are the terms of use for our site and everything on it. These terms are a legal agreement between you and Muddy Princess (“Muddy Princess”, “us”, “we”, “our”).
  1. AGREEMENT TO TERMS OF USE
Please read these Terms of Use carefully. By accessing our Website, you are explicitly acknowledging that you have read and understand these Terms of Use and you agree to be bound by them. If you do not agree to these Terms of Use, you are not authorized to use this Website.  
Muddy Princess reserves the right to change these Terms of Use at any time. You are responsible for checking these Terms of Use periodically for changes. Your continued use of the Website after Muddy Princess has made changes will mean that you agree to the changes. 
To receive a copy of these Terms of Use, email us at Info@MuddyPrincess.co.za.
  1. PRIVACY POLICY
In addition to these Terms of Use, our Website is also subject to the Privacy Policy at our Privacy Policy Page, which is expressly made a part of our agreement with you. When you agree to these Terms of Use, you also agree to our Privacy Policy. It is important that you read the Privacy Policy and only use the Website if you understand and agree to be bound by our Privacy Policy.
  1. SORRY KIDS
This Website is not for children under 13. We do not knowingly request or solicit personally identifiable information from anyone under the age of 13, nor do we communicate with children under 13 by email, phone or in any other manner without the express written consent of their parent or guardian. If we become aware that we have received personal information from a child under 13, we will delete that information as quickly as is reasonably possible and cease further communication with such individual.
  1. SITE FEATURE
(a) General Information. Our Website is primarily meant to provide you with information about Muddy Princess events and about our company. While we try to keep our Website up-to-date and accurate, we take no responsibility for any incorrect information on the Website.
(b) Your Submissions. Our Website may also include: surveys to help us learn about you or your interest in volunteering at an event, hosting an event, or being part of a news story about an event; newsletter sign-up; and a poster request form. We do not guarantee any confidentiality or anonymity with respect to any information you provide to us. By submitting information, photos or other materials to us through the website or via email, you expressly: 1) give us permission to use such materials for any purpose; and 2) represent and warrant that you are the owner of such materials and have the right to permit us to use them for any purpose. For example, if you fill out our Media Profile survey and email us your photo, we have your permission to (among other things): shop your story and photo to any media outlets we choose, put such media outlet(s) in touch with you, and we have your permission to use your materials (including, without limitation, your photo and story and any other materials submitted) and grant others the use of foregoing materials.  
(c) Event Registration (Participant and Spectator). Signing-up to participate in or watch an event requires creation of an account and registration through EntryNinja.com, a third-party website owned and operated by EntryNinja.com. The information you provide to EntryNinja.com to register for a Muddy Princess event will be shared with us, EntryNinja.com may have its own terms of use and privacy policy, we are not responsible for any information you provide to EntryNinja.com to create an account. You must contact EntryNinja.com for any issues with your Entryninja.com account. Please review our Privacy Policy for more on how we use registration information received from you.
(d) Other Third Party Sites. In addition to EntryNinja.com, our Website may contain links to third-party websites that are not owned or controlled by us. We assume no responsibility for the content, products, services, policies, or practices of any third-party website(s). By visiting those sites, you may be subject to the privacy policies and/or terms and conditions of use that may apply to such website(s).
  1. QUALITY AND MAINTENANCE OF PRODUCTS
Minor differences in color and other variations in Products are possible as a result of different image acquisition, display technologies or other technical reasons. Muddy Princess is not liable for these variations and deviations.
Muddy Princess draws your attention to the washing and maintenance instructions printed on the labels of the Products. Muddy Princess is not liable for any damage resulting from incorrect handling of Products, including handling contrary to the instructions.
  1. OWNERSHIP
(a) Ours. Unless otherwise specified, all intellectual property rights in and to the logos, trademarks, copyrights, trade dress, trade names, designs, photos, videos, and other material (collectively, the “Muddy Princess Material”) on our Website is owned by Muddy Princess. You may not copy, modify, publish, distribute, perform, or display any materials from our Website in whole or part in a manner. Use of our Muddy Princess Material for any purpose without first obtaining our express written permission may be a violation of our copyright and/or other proprietary rights.
(b) Yours. You retain ownership rights in anything you submit to us through our Website or email. Any personal data (for example, your name, address, telephone number or e-mail address) you transmit to the Site by electronic mail or otherwise will only be used by Muddy Princess Council of South Africa for internal research purposes, unless you have explicitly stated that you would like to receive emails containing news, promotions and competitions. Any communication or material you transmit to the Site, such as questions, comments, suggestions, or the like, will be treated as non-confidential and nonproprietary. We will not provide your information to third parties. However, when you submit materials to us (e.g. information, photos, videos or other materials), you grant us a free, worldwide, perpetual right to modify, reproduce, distribute, publicly display and perform the materials you have submitted, including, without, limitation, your name and likeness, and allow others to do the same for any purpose, including, without limitation, commercial purposes. You agree that you will not receive any compensation whatsoever for the usage, and you are not entitled to make any claim in connection with our exercise of the permissions you have granted us, including, without limitation, claim(s) based on invasion of privacy, idea misappropriation, other violation of your civil rights, or defamation.
  1. DMCA NOTICE
If you believe that content you own has been copied and made accessible in a manner that violates your intellectual property rights, please notify us immediately. You may submit a notification pursuant to us by providing our Agent at info@MuddyPrincess.co.za with the following information in writing:
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the site;
Your address, telephone number, and e-mail address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the owner of the copyright, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;
  1. DATA PROTECTION
The only third parties who we allow to access your Data are:
  • The companies who assist Muddy Princess in its management of its races and who provide hosting and support services for the Website, and/or marketing and market research services to Muddy Princess, but only to the extent necessary for those purposes;
  • Our selected partner organizations who supply us
 
We use your Data for the following purposes:
  • Management and administration of its Muddy Princess events;
  • Maintaining our customer records;
  • Communicating to participants about the event including, but not limited to, information about further offers, using the contact details provided by the participant;
  • Communication to participants about other similar products, services or facilities offered by Muddy Princess from time to time;
  • Conducting market research.
When signing up for an event, you will automatically be opted into marketing communications from Muddy Princess unless you have notified us to that you wish to opt out of this service. Please note that it is a condition of signing up for an event.
  1. RESTRICTIONS ON USE
We give you permission to use our Website so long as you abide by these Terms of Use and our Privacy Policy and do not:
  • Use the materials on the Website for any commercial purpose;
  • Use the Website or its content for any illegal purpose;
  • Attempt to gain unauthorized access to any other user’s computer systems or networks associated with the Website;
  • Modify or attempt to modify or in any way tamper with Website;
  • Use the Website or any of its content in a way that may infringe upon the intellectual property or other rights of any third party, including, without limitation, trademark, copyright, right of privacy or right of publicity; 
  • Interfere with or disrupt networks connected to the Website or violate the regulations, policies or procedures of such networks.
  1. MEDICAL TREATMENT
The Website is provided for your convenience. You should not rely on information provided on this Website as a substitute for professional medical advice, diagnosis, or treatment and nothing on this Website creates a physician-patient relationship. Do not disregard, avoid or delay obtaining medical advice or seeking emergency care.
  1. TERMINATION
We reserve the right to suspend or terminate your access to the Website at any time if we suspect that your use of the Website or its content may be unlawful, violate the rights of third parties or any of the terms of these Terms of Use or our Privacy Policy.
  1. INDEMNIFICATION
If anyone brings a claim against us related to your actions or use of the Website or any materials submitted by you through the Website, by email or otherwise, you agree to defend, indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including, without limitation, legal fees and disbursements) related to such claim.
  1. DISCLAIMERS
You acknowledge and agree that the disclaimers and limits on liability set forth in these Terms of Use reflect a reasonable and fair allocation of risk between you and us and are an essential basis of the bargain between us.
You agree that your use of the website shall be at your sole risk. To the fullest extent permitted by law, the website is provided “as is” and without any warranties of any kind. We expressly disclaim all warranties, express or implied, including, warranties of title, merchantability, fitness for a particular purpose, non-infringement or warranties of uninterrupted, timely, secure, accurate, or error-free use or operation.
We assume no liability or responsibility for: (a) errors, mistakes, or inaccuracies of the website; (b) any acts or omissions of users, our partners, advertisers or other parties on through the website: (c) any unauthorized access to or use of the website; (d) any interruption or cessation of transmission to or from the website; (e) any injuries physical or emotional to you or third parties related to the site; (f) any bugs, viruses, Trojan horses, or the like ; and/or (g) any product listed or sold by a third party through the site or any hyperlinked website.
  1. LIMITATION OF LIABILITY
To the fullest extent permitted by law: in no event will we be liable for consequential, indirect, incidental, punitive, reliance, exemplary or special damages arising out of or in connection with (a) these terms of use and/or our privacy policy; (b) these use, disclosure, display, or maintenance of your information, including any personal information; (c) the website; or (d) any of the website content.
  1. MISCELLANEOUS
 15.1 how can you contact us?
If you have any questions or comments about the Website or the Muddy Princess Terms and Conditions or in the unlikely event that you wish to make a complaint please don't hesitate to contact our Customer Service by emailing us at info@muddyprincess.co.za. (Mondays – Fridays between 8am – 5pm).
You can send an email to info@muddyprincess.co.za or write to us at:
Muddy Princess (Pty) Ltd, 62 Roeland Street, Cape Town 8001. Cape Town Office , 3rd floor.
15.2 priorities
In case of contradiction between Muddy Princess Terms and Conditions and any content contained in other parts of the Website or in links, Muddy Princess Terms and Conditions contained in this document prevail.
     16.  APPLICABLE LAW AND JURISDICTION
The Muddy Princesses Terms and Conditions shall be governed by the laws of the Republic of South Africa.
You and Muddy Princess hereby submit to the non-exclusive jurisdiction of the South African courts.
 
These Terms of Use and our Privacy Policy make up the entire agreement between you and us regarding the Website, and supersedes any prior agreements. Any amendment to or waiver of any provision of these Terms of Use and/or Privacy Policy must be made in writing and signed by us. If any part of these Terms of Use and/or Privacy Policy is found to be unenforceable, the remaining portion will remain in full force and effect. If we fail to enforce these Terms of Use and/or Privacy Policy, such failure will not be considered a waiver. Neither these Terms of Use nor our Privacy Policy confer onto any third party any beneficiary right(s) which are fully transferable and assignable solely by us, our transferees and assigns. Any terms of these Terms of Use and/or Privacy Policy that were, by their nature, intended to survive termination of these Terms of Use and/or Privacy Policy will survive. These Terms of Use and our Privacy Policy shall be interpreted in accordance with the laws of South Africa without application to any choice of law rules. The exclusive jurisdiction and venue for any action under these Terms of Use and/or Privacy Policy shall be in the state and federal courts in South Africa. You agree to accept the personal jurisdiction of such courts. In connection with the Muddy Princess events, in the event of any conflict between these Terms of Use and/or Privacy Policy and the terms and conditions contained in Muddy Princess Participant Waiver, the terms of the Participant Waiver will prevail.  
MUDDY PRINCESS® is a trademark of Muddy Princess Incorporated. Our trademarks may not be used in connection with any product or service that is not Muddy Princess Incorporated’s, in any manner that is likely to cause confusion among consumers or in any manner that disparages or discredits Muddy Princess Incorporated.