The Legal Stuff
As a tech-savvy company, we know how important data is. Here is everything you need to know with complete transparency about what we do with your data and what you can do with it too.
Terms of Service
Please read these Terms of Service (“Terms”) carefully before using the services provided by Brand Whisk (“we,” “us,” or “our”). These Terms govern your access to and use of our website, www.brandwhisk.com (“Website”), as well as the services we offer, including brand development, website design and development, website and hosting maintenance, digital marketing, and digital sales. By accessing or using our Website and services, you agree to be bound by these Terms.
Services and Limitations
Brand Whisk offers brand development, website design and development, website and hosting maintenance, digital marketing, and digital sales services. While we strive to provide the best results and outcomes for our clients, it is important to note that we cannot guarantee specific leads, customers, or sales. The success of any marketing or sales efforts may depend on various factors beyond our control, such as market conditions and client-specific variables.
Third-Party Services
In the course of providing our services, we may utilize various third-party services, platforms, or tools, including but not limited to SiteGround, Xneelo, WordPress, DIVI by Elegant Themes, MailerLite, WooCommerce, PayPal, PayFast, Google services, and Canva. These third-party services may have their own terms of service and privacy policies, which you agree to comply with when using such services. We are not responsible for the actions, performance, or content of these third-party services.
Intellectual Property
All intellectual property rights, including copyrights, trademarks, and trade secrets, related to our Website, services, and content, belong to Brand Whisk or our respective licensors. You agree not to copy, distribute, modify, or create derivative works of our intellectual property without our prior written consent.
Confidentiality
We understand the importance of confidentiality in our client relationships. We will take reasonable measures to protect any confidential or proprietary information shared with us. However, we cannot guarantee the absolute security of such information, and you agree that you will not hold us liable for any unauthorized access or disclosure of confidential information.
Limitation of Liability
To the maximum extent permitted by applicable law, Brand Whisk and its affiliates, officers, directors, employees, agents, and suppliers shall not be liable for any direct, indirect, incidental, consequential, special, or exemplary damages, including but not limited to damages for loss of profits, goodwill, data, or other intangible losses, arising out of or in connection with your use of our Website or services, even if we have been advised of the possibility of such damages.
Indemnification
You agree to indemnify and hold harmless Brand Whisk and its affiliates, officers, directors, employees, agents, and suppliers from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorney’s fees, arising out of or in connection with your use of our Website or services or any violation of these Terms.
Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of South Africa. Any dispute arising out of or relating to these Terms or your use of our Website or services shall be exclusively submitted to the competent courts located in Sandton, Johannesburg, Gauteng, South Africa.
Amendments
We reserve the right to modify or update these Terms at any time without prior notice. The updated version of the Terms will be effective as of the date of posting on our Website. Your continued use of our Website or services after any modifications to the Terms constitutes your acceptance of the revised Terms.
Contact Us
If you have any questions or concerns about these Terms of Service, please contact us at info@brandwhisk.com
Termination
We reserve the right to suspend or terminate your access to our Website and services, at our discretion, for any reason, including but not limited to a violation of these Terms or any applicable laws or regulations. Upon termination, you must cease all use of our Website and services, and any provisions of these Terms that would reasonably be expected to survive termination shall continue to apply.
Entire Agreement
These Terms constitute the entire agreement between you and Brand Whisk regarding your use of our Website and services and supersede any prior or contemporaneous agreements, communications, or representations, whether oral or written, relating to the subject matter herein.
Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
By accessing or using our Website and services, you acknowledge that you have read, understood, and agreed to these Terms of Service.
Last Updated: 10/05/2023
Copyrights & Disclaimers
Brand Whisk (“we,” “us,” or “our”) is committed to protecting copyright and intellectual property rights related to the creative works we produce. This Copyright and Intellectual Property section outlines the ownership and protection of the creative works, including but not limited to designs, copywriting, content, images, logos, slogans, graphics, and illustrations, that we create for our clients.
Ownership of Creative Works
Brand Whisk retains the copyrights and intellectual property rights to all creative works produced by our team, including designs, copywriting, content, images, logos, slogans, graphics, and illustrations, until the client’s service invoice has been paid in full. Until full payment is received, Brand Whisk remains the sole owner of the copyrights and intellectual property associated with the creative works.
Transfer of Copyrights
Upon receipt of full payment for our services, Brand Whisk will transfer the copyrights and intellectual property rights to the client for the specific creative works produced for them. The transfer will be formalized in writing, acknowledging the release of copyrights and intellectual property from Brand Whisk to the client.
Client Usage and Restrictions
Once the copyrights and intellectual property rights are transferred to the client, they have the right to use the creative works solely for the agreed-upon purposes and within the agreed-upon scope of the project. This usage may include but is not limited to brand promotion, social media content, web designs, and other marketing materials.
The client agrees not to reproduce, modify, distribute, or commercially exploit the creative works without obtaining the necessary permissions or licenses from Brand Whisk or other relevant copyright holders, where applicable.
Third-Party Usage and Confidentiality
Brand Whisk respects the confidentiality of client projects and will not share or disclose any proprietary or sensitive information provided by the client unless explicitly authorized to do so. However, Brand Whisk cannot be held responsible for any unauthorized use or reproduction of the creative works by third parties once they have been delivered to the client.
Unauthorized Use and Infringement
Any unauthorized use, reproduction, distribution, or modification of the creative works produced by Brand Whisk constitutes a violation of copyright and intellectual property laws. Brand Whisk reserves the right to take appropriate legal action to protect its copyrights and intellectual property rights in such cases.
Limitation of Liability
While we take measures to ensure the accuracy and quality of our creative works, Brand Whisk cannot guarantee that the use of these works will be error-free or uninterrupted. We shall not be liable for any direct, indirect, incidental, consequential, or exemplary damages resulting from the use or inability to use the creative works, including but not limited to financial loss, reputation damage, or legal actions.
Governing Law and Jurisdiction
These Copyright and Intellectual Property provisions shall be governed by and construed in accordance with the laws of South Africa. Any dispute arising out of or relating to these provisions or the use of our creative works shall be submitted to the exclusive jurisdiction of the courts located in Sandton, Johannesburg, Gauteng, South Africa.
By engaging our services and accepting the delivery of creative works, the client acknowledges and agrees to comply with these Copyright and Intellectual Property provisions.
Last Updated: 10/05/2023
Privacy Policy
Brand Whisk (“we,” “us,” or “our”) is committed to protecting your privacy. This Privacy Policy explains how we collect, use, disclose, and protect personal information when you visit our website, www.brandwhisk.com (“Website”), and engage with our services. By using our Website and services, you consent to the practices described in this Privacy Policy.
Information We Collect
We may collect personal information from you when you voluntarily provide it to us or when you use our Website and services. The types of personal information we may collect include:
Contact information, such as your name, email address, phone number, and business details.
Payment information, including credit card details or other payment method information.
Communication preferences, such as your marketing preferences and subscription choices.
Usage information, such as your IP address, browser type, operating system, referral source, and pages visited on our Website.
Client-specific information, including project details and requirements.
Use of Information
We use the collected personal information for the following purposes:
Providing and delivering our services to you.
Communicating with you, responding to your inquiries, and providing customer support.
Processing payments for services rendered.
Sending you promotional and marketing materials, newsletters, and updates (with your consent).
Analyzing and improving our Website and services.
Complying with applicable legal obligations.
Data Retention
We retain your personal information for as long as necessary to fulfill the purposes outlined in this Privacy Policy, unless a longer retention period is required or permitted by law. We will securely dispose of personal information that is no longer needed.
Data Sharing and Disclosure
We do not sell, trade, or otherwise transfer your personal information to third parties for their marketing purposes. However, we may share your personal information with trusted third-party service providers who assist us in operating our Website and delivering our services. These service providers are contractually obligated to handle your personal information in a secure and confidential manner and are prohibited from using it for any other purpose.
We may also disclose your personal information when required to comply with applicable laws, regulations, legal processes, or governmental requests, or to protect our rights, privacy, safety, or property, as well as those of our clients and users.
Data Security
We implement appropriate technical and organizational measures to protect your personal information from unauthorized access, loss, misuse, or alteration. However, no method of transmission over the internet or electronic storage is completely secure, and we cannot guarantee absolute security.
International Transfers
As a South African website and business, your personal information may be transferred to and processed in other countries, including the United States and other locations where our service providers are located. By using our Website and providing your personal information, you consent to such transfers and processing of your information.
Your Rights
You have certain rights regarding your personal information, including the right to access, correct, update, or delete your information. If you wish to exercise any of these rights, please contact us using the contact details provided below.
Links to Third-Party Websites
Our Website may contain links to third-party websites or services. We are not responsible for the privacy practices or the content of such third-party websites. We encourage you to review the privacy policies of those websites before providing any personal information.
Children’s Privacy
Our Website and services are not directed to individuals under the age of 16. We do not knowingly collect personal information from children. If we become aware that we have inadvertently collected personal information from a child under the age of 16, we will take steps to delete the information as soon as possible.
Contact Us
If you have any questions, concerns, or requests regarding this Privacy Policy or the handling of your personal information, please contact us using the following information:
Brand Whisk
Address: Sandton, Johannesburg, Gauteng, South Africa
Email: info@brandwhisk.com
We will make every effort to address and resolve your inquiries in a timely and appropriate manner.
Changes to this Privacy Policy
We reserve the right to modify or update this Privacy Policy at any time without prior notice. The revised Privacy Policy will be effective as of the updated Effective Date indicated at the beginning of the policy. We encourage you to review this Privacy Policy periodically to stay informed about our privacy practices.
Please note that this Privacy Policy is provided for informational purposes only and does not constitute legal advice. It is recommended to consult with a legal professional to ensure compliance with applicable privacy laws and regulations specific to your jurisdiction and business.
Last Updated: 10/05/2023