This website (the “Site”) is operated by Mikhono. Throughout the Site, the terms “we”, “us” and
“our” refer to Mikhono. We offer the Site, including all information, tools and services available from
the Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and
notices stated here.
By visiting our Site and/or purchasing something from us, you engage in our “Service” and agree to
be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those
additional terms and conditions and policies referenced herein and/or available by hyperlink. These
Terms of Service apply to all users of the Site, including without limitation users who are browsers,
vendors, customers, merchants, members, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our Site. By accessing or using
any part of the Site, you agree to be bound by these Terms of Service. If you do not agree to all the
terms and conditions of this agreement, then you may not access the Site or use any Services. If
these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of
Service.

General Conditions

By agreeing to these Terms of Service, you represent that you are not under the age of 18.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of
the Service, or access to the Service or any contact on the website through which the Service is
provided, without express written permission by us.
You may not use our products or services for any illegal or unauthorized purpose nor may you, in the
use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature. A breach or
violation of any of the Terms will result in an immediate termination of your Services.
We reserve the right to refuse service to anyone for any reason at any time. We reserve the right to
refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities
purchased per person, per household or per order. These restrictions may include orders placed by
or under the same customer account, the same credit card, and/or orders that use the same billing
and/or shipping address. In the event that we make a change to or cancel an order, we may attempt
to notify you by contacting the email and/or billing address provided at the time the order was
made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be
placed by dealers, resellers or distributors.
We reserve the right at any time to modify or discontinue the Service (or any part or content
thereof) without notice at any time. We shall not be liable to you or to any third-party for any
modification, price change, suspension or discontinuance of the Service.
The headings used in this agreement are included for convenience only and will not limit or
otherwise affect these Terms.

Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using
the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in
any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws,
or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual
property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate,
or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or
disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other
type of malicious code that will or may be used in any way that will affect the functionality or
operation of the Service or of any related website, other websites, or the Internet; (h) to collect or
track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape;
(j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of
the Service or any related website, other websites, or the Internet. We reserve the right to
terminate your use of the Service or any related website for violating any of the prohibited uses.
Additionally, you are strictly prohibited from advertising products, services, other sites, companies
or causes on our Site or contacting our artists and/or members in order to do so, without the written
consent of Mikhono. You are also prohibited from contacting our artists and/or members with
offers, to make them join other sites or organizations or donate money, without the written consent
of Mikhono. All commercial messages from you are strictly prohibited in all forms of communication
through our Site both in public and in private, without the written consent of Mikhono.
Personal Information
Your submission of personal information through the Site is governed by our Privacy Policy
(https://mikhono.com/privacy).

Accuracy of Purchase and Account Information

You agree to provide current, complete and accurate purchase and account information for all
purchases made at our Site. You agree to promptly update your account and other information,
including your email address and credit card numbers and expiration dates, so that we can complete
your transactions and contact you as needed.

Feedback and Other Submissions

If, at our request, you send certain specific submissions (for example image mission entries) or
without a request from us you send creative ideas, suggestions, proposals, plans, or other materials,
whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we
may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in
any medium any comments that you forward to us. We are and shall be under no obligation (1) to
maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond
to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole
discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or
otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright,
trademark, privacy, personality or other personal or proprietary right. You further agree that your
comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain

any computer virus or other malware that could in any way affect the operation of the Service or any
related website. You may not use a false email address, pretend to be someone other than yourself,
or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible
for any comments you make and their accuracy. We take no responsibility and assume no liability for
any comments posted by you or any third-party.
Products

All images on the Site shall be considered solely as illustrations. Such illustrations do not guarantee
to reproduce the exact appearance, function or origin of the product. We have made every effort to
display as accurately as possible the colors and images of our products that appear at the Site. We
cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or services to any
person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We
reserve the right to limit the quantities of any products or services that we offer. All descriptions of
products or product pricing are subject to change at any time without notice, at the sole discretion
of us. We reserve the right to discontinue any product or service at any time. Any offer for any
product or service made on this Site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material
purchased or obtained by you will meet your expectations, or that any errors in the Service will be
corrected.

Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any
control nor input. You acknowledge and agree that we provide access to such tools”as is” and “as
available” without any warranties, representations or conditions of any kind and without any
endorsement. We shall have no liability whatsoever arising from or relating to your use of optional
third-party tools. Any use by you of optional tools offered through the Site is entirely at your own
risk and discretion and you should ensure that you are familiar with and approve of the terms on
which tools are provided by the relevant third-party provider(s).

Third-Party Links

Certain content, products and services available via our Service may include materials from third-
parties. Third-party links on this Site may direct you to third-party websites that are not affiliated
with us. We are not responsible for examining or evaluating the content or accuracy and we do not
warrant and will not have any liability or responsibility for any third-party materials or websites, or
for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services,
resources, content, or any other transactions made in connection with any third-party websites.
Please review carefully the third-party’s policies and practices and make sure you understand them
before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-
party products should be directed to the third-party.

Errors, Inaccuracies and Omissions

We are not responsible if information made available on this Site is not accurate, complete or
current. Occasionally there may be information on our Site or in the Service that contains
typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing,
promotions, offers, product shipping charges, transit times and availability. We reserve the right to
correct any errors, inaccuracies or omissions, and to change or update information or cancel orders
if any information in the Service or on any related website is inaccurate at any time without prior
notice (including after you have submitted your order). You agree that it is your responsibility to
monitor changes to our Site.

We undertake no obligation to update, amend or clarify information in the Service or on any related
website, including without limitation, pricing information, except as required by law. No specified
update or refresh date applied in the Service or on any related website, should be taken to indicate
that all information in the Service or on any related website has been modified or updated.
Disclaimer of Warranties; Limitation of Liability

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted,
timely, secure or error-free. We do not warrant that the results that may be obtained from the use
of the Service will be accurate or reliable. You agree that from time to time we may remove the
Service for indefinite periods of time or cancel the Service at any time, without notice to you. You
expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all
products and services delivered to you through the Service are (except as expressly stated by us)
provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions
of any kind, either express or implied, including all implied warranties or conditions of
merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-
infringement.

In no case shall Mikhono, our directors, officers, employees, affiliates, agents, contractors, interns,
suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect,
incidental, punitive, special, or consequential damages of any kind, including, without limitation lost
profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether
based in contract, tort (including negligence), strict liability or otherwise, arising from your use of
any of the services or any products procured using the Service, or for any other claim related in any
way to your use of the Service or any product, including, but not limited to, any errors or omissions
in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any
content (or product) posted, transmitted, or otherwise made available via the Service, even if
advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the
limitation of liability for consequential or incidental damages, in such states or jurisdictions, our
liability shall be limited to the maximum extent permitted by law.

Indemnification

You agree to indemnify, defend and hold harmless Mikhono and our parent, subsidiaries, affiliates,
partners, officers, directors, agents, contractors, licensors, service providers, subcontractors,
suppliers, interns and employees, harmless from any claim or demand, including but not limited to
reasonable attorneys’ fees, other professional fees and costs of investigation, made by any third-
party due to or arising out of your breach of these Terms of Service or the documents they
incorporate by reference, or your violation of any law or the rights of a third-party. You may not
settle any claim in any manner that binds Mikhono without our express prior written consent

Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or
unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by
applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of
Service, such determination shall not affect the validity and enforceability of any other remaining
provisions.

Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the
termination of this agreement for all purposes. These Terms of Service are effective unless and until
terminated by either you or us. You may terminate these Terms of Service at any time by notifying
us that you no longer wish to use our Services, or when you cease using our Site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or
provision of these Terms of Service, we also may terminate this agreement at any time without
notice and you will remain liable for all amounts due up to and including the date of termination;
and/or accordingly may deny you access to our Services (or any part thereof).

Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not
constitute a waiver of such right or provision.
These Terms of Service, the Member Agreement (https://mikhono.com/agreement), the Privacy
Policy (https://mikhono.com/privacy) and any policies or operating rules posted by us on this Site or
in respect to the Service constitutes the entire agreement and understanding between you and us
and govern your use of the Service, superseding any prior or contemporaneous agreements,
communications and proposals, whether oral or written, between you and us (including, but not
limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these
Terms of Service shall not be construed against the drafting party.

Governing Law and Dispute Resolutions

These Terms of Service and any separate agreements whereby we provide you Services shall be
governed by the substantive law of South Africa, disregarding conflict of law provisions. Any dispute
shall primarily be settled by friendly arrangements after discussions with our customer support.

Changes to Terms of Service

Any new services, features or tools which are added to the current Site shall also be subject to the
Terms of Service. You can review the most current version of the Terms of Service at any time at this
page. We reserve the right, at our sole discretion, to update, change or replace any part of these
Terms of Service by posting updates and/or changes to our Site. It is your responsibility to check our
Site periodically for changes. Your continued use of or access to our Site or the Service following the
posting of any changes to these Terms of Service constitutes acceptance of those changes.

Contact Information

Questions about the Terms of Service should be sent to us at [email protected].