Skip to content

Please read and carefully review these terms and conditions before using our Service.

INTERPRETATION AND DEFINITIONS

INTERPRETATION

The capitalized words used in this agreement have specific meanings defined under the following conditions. These definitions shall apply irrespective of whether the terms are in singular or plural form.

DEFINITIONS

For the purposes of these terms and conditions:

  • Affiliate refers to an entity that controls, is controlled by, or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest, or other securities entitled to vote for the election of directors or other managing authority.
  • Country refers to South Africa.
  • Company (referred to as “the Company,” “We,” “Us,” or “Our” in this Agreement) pertains to Sarnele Trading Entity PTY/LTD, 1484 N72 RD UNIT 13 IMBALI, PIETERMARITZBURG, KWAZULU-NATAL, 3201, Registration number: 2023/799193/07.
  • Device refers to any device that can access the Service, such as a computer, cellphone, or digital tablet.
  • Service refers to the Website.
  • Website refers to the URL accessible at https://playmountainpeak.com/
  • Terms and Conditions (also referred to as “Terms”) mean these Terms and Conditions that form the entire agreement between you and the Company regarding the use of the Service.
  • Third-party Social Media Service refers to any services or content (including data, information, products, or services) provided by a third-party that may be displayed, included, or made available by the Service.
  • You means the individual accessing or using the Service, or the company or legal entity on behalf of which such individual is accessing or using the Service, as applicable.

ACKNOWLEDGMENT

These terms and conditions govern the use of this Service and constitute the agreement between you and the Company. They outline the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is subject to your acceptance of and compliance with these terms and conditions. These terms and conditions apply to all visitors, users, and others who access or use the Service.

By accessing or using the Service, you agree to be bound by these terms and conditions. If you disagree with any part of these terms and conditions, then you may not access the Service.

You represent that you are over the age of 18. The Company does not permit individuals under 18 to use the Service.

Your access to and use of the Service is also subject to your acceptance of and compliance with the Company’s Privacy Policy. The Privacy Policy describes the Company’s policies and procedures regarding the collection, use, and disclosure of your personal information when you use the Application or the Website. It informs you about your privacy rights and how the law protects you. Please carefully read the Privacy Policy before using our Service.

LINKS TO OTHER WEBSITES

Our Service may include links to third-party websites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

We strongly recommend that you read the terms and conditions and privacy policies of any third-party websites or services that you visit.

TERMINATION

Your access to the Service may be terminated or suspended immediately, without prior notice or liability, for any reason whatsoever, including if you violate these terms and conditions.

Upon termination, your right to use the Service will cease immediately.

LIMITATION OF LIABILITY

Despite any damages you might incur, the Company’s liability and that of its suppliers under any provision of these terms is limited to the amount actually paid by you through the Service or 100 USD if no purchase has been made through the Service.

To the maximum extent permitted by applicable law, under no circumstances shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, business interruption, personal injury, loss of privacy arising out of or in connection with the use of or inability to use the Service, third-party software and/or hardware used with the Service, or any provision of these terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

In some jurisdictions, the exclusion of implied warranties or the limitation of liability for incidental or consequential damages may not be permitted. In such cases, the parties’ liability will be limited to the greatest extent allowed by law.

“AS IS” AND “AS AVAILABLE” DISCLAIMER

The Service is provided to you on an “AS IS” and “AS AVAILABLE” basis, with all faults and defects, without any warranty of any kind. To the maximum extent permitted by applicable law, the Company, on its own behalf and on behalf of its Affiliates, licensors, and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. The Company does not guarantee that the Service will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems, or services, operate without interruption, meet performance or reliability standards, or be error-free. The Company also makes no representation or warranty regarding the accuracy, reliability, currency, or availability of any information or content provided through the Service, or that the Service, its servers, the content, or emails sent by or on behalf of the Company are free of viruses or other harmful components.

Some jurisdictions may not allow the exclusion of certain types of warranties or the limitation of certain rights, so some or all of the above exclusions and limitations may not apply to you. However, in such cases, the exclusions and limitations set forth in this section shall be applied to the fullest extent permitted by applicable law.

GOVERNING LAW

These terms and your use of the Service shall be governed by the laws of the Country, excluding its conflicts of law rules. Your use of the Application may also be subject to other local, state, national, or international laws.

DISPUTE RESOLUTION

If you have any concerns or disputes regarding the Service, you agree to first attempt to resolve the matter informally by contacting the Company.

FOR EUROPEAN UNION (EU) USERS

If you are a consumer in the European Union, you may benefit from mandatory provisions of the law of the country in which you reside.

UNITED STATES LEGAL COMPLIANCE

You affirm that (i) you are not situated in a country subject to a United States government embargo or designated as a “terrorist supporting” country by the United States government, and (ii) you are not listed on any United States government list of prohibited or restricted parties.

SEVERABILITY AND WAIVER

SEVERABILITY

If any provision of these terms is found to be unenforceable or invalid, that provision will be modified and interpreted to achieve the objectives of the provision to the maximum extent permitted by applicable law, and the remaining provisions will continue in full force and effect.

WAIVER

Unless otherwise stated, the failure to exercise a right or require performance of an obligation under these terms shall not prevent a party from exercising that right or requiring performance at any later time, nor shall the waiver of a breach constitute a waiver of any subsequent breach.

TRANSLATION INTERPRETATION

These terms and conditions may have been translated for your convenience. In the event of a dispute, the original English text shall prevail.

CHANGES TO THESE TERMS AND CONDITIONS

We reserve the right, at our sole discretion, to modify or replace these terms at any time. If a revision is significant, we will make reasonable efforts to provide at least 30 days’ notice before the new terms take effect. The determination of what constitutes a significant change will be made at our sole discretion.

By continuing to access or use our Service after the revised terms come into effect, you agree to be bound by the updated terms. If you do not agree to the new terms, in whole or in part, please discontinue using the website and the Service.

CONTACT US

If you have any questions about these terms and conditions, you can contact us:

By email: support@playmountainpeak.com