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These terms and conditions are the contract between you and Carpe Diem Media. By visiting or using Our Website, or signing up for our Services, you agree to be bound by them.
We are We are Carpe Diem Media (Pty) Ltd, a company registered in South Africa, registration number 2002/002907/07. Our address is 123 Hendrik van Eck Boulevard, SE6, Vanderbijlpark, 1911.
Our VAT number is: 438 019 7766
You are: Anyone who uses Our Website.
Please read this agreement carefully and save it. If you do not agree with it, you should leave Our Website immediately.
These are the agreed terms
In entering into this contract, you have not relied on any representation or information from any source except the definition and explanation of the Services given on Our Website.
Subject to these terms and conditions, we agree to provide to you some or all of the Services described on Our Website at the prices we charge from time to time.
Some of our Services are now or may in future, be available to you only subject to additional terms. Those terms will be set out on Our Website. You now agree that if you choose to use any such service, the relevant terms will become part of this agreement.
You acknowledge that you understand exactly what is included in the Services and you are satisfied that the Services are suitable and satisfactory for your requirements;
So far as we allow use of our Intellectual Property, we grant a licence to you, limited to the terms set out in this agreement.
Our contract with you and licence to you last for one year from the date of start. Any continuation by us or by you after the expiry of one year is a new contract under the terms then posted on Our Website. Your continued use of our Services after that shall be deemed acceptance by you of the changed Service, system and/or terms.
The contract between us comes into existence when we receive payment from you for a Service.
If we give you free access to a Service or feature on Our Website which is normally a charged feature, and that Service or feature is usually subject to additional contractual terms, you now agree that you will abide by those terms.
We may change this agreement and / or the way we provide the Services, at any time. If we do:
The change will take effect when we Post it on Our Website.
You agree to be bound by any changes. If you do not agree to be bound by them, you should not use Our Website or the Services.
If you make any payment for Services in the future, you will do so under the terms Posted on Our Website at that time.
Your account and personal information
When you visit Our Website, you accept responsibility for any action done by any person using your name, account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
You agree that you have provided accurate, up to date, and complete information about yourself. We are not responsible for any error made as a result of such information being inaccurate.
You agree to notify us of any changes in your information immediately it occurs. If you do not do so, we may terminate your account.
Voelgoed subscription terms
Details of the cost and benefits of Voelgoed subscription are as set out on Our Website and accordingly updated from time to time.
Payment for a Voelgoed subscription is for a fixed period of time.
You do not have to take any action for this to apply. By accepting these terms and conditions, you do instruct us give you immediate. You accept that by doing so, you may not be entitled to a refund.
Apart from your cancellation right, termination of Voelgoed subscription will be regulated by this contract set out in paragraph 15 below.
We reserve the right to modify the Voelgoed subscription rules or system and to change the terms and conditions of this agreement at any time, without notice. Your continued use of the Voelgoed Service after such modifications shall be deemed an acceptance by you to be bound by the terms of the modified agreement. The terms that apply to you are those Posted here on Our Website on the day you subscribe to Our Website.
The price
The prices payable for Services are clearly set out on Our Website.
The price charged for any Services may differ from one country to another. You may not be entitled to the lowest price unless you reside in the qualifying country.
Prices are inclusive of any applicable value added tax or other sales tax.
When you subscribe for a subscription Service, that payment may not cover other Services, for which we will ask you to pay either by addition to your subscription or by a single payment.
Renewal payments
At least four weeks before expiry of the period, for which you have paid, we shall send you a message to your last known email address to tell you that your subscription and licence to use the Services is shortly to expire and to invite you to renew. An invoice for the new period will be included.
At any time before expiry of your subscription, you may use the “My Account” tab on Our Website to access your personal information and change your requirements for Services or cancel renewal.
At expiry of your Voelgoed subscription we shall automatically take payment from your credit card of the sum specified on the invoice sent earlier and shall confirm the renewal of your Voelgoed subscription for a further period by sending you an email message.
Subject to last previous sub-paragraph, you may cancel subscription within 30 days after the day we confirm the renewal of your Voelgoed If you do so we will refund your subscription cost within 30 days of receipt of this request.
Other than the limitation set out above Voelgoed subscription is non-refundable and non-transferable.
Security of your credit card
We take care to make Our Website safe for you to use.
Card payments are not processed on a page controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.
If you have asked us to remember your credit card details for your next purchase or subscription, we will securely store your payment details on our systems. These details will be fully encrypted and only used to process your automatic monthly payments or other transactions which you have initiated.
How we handle your Content
Our privacy policy is strong and precise. It complies fully with current privacy law which is at [link to privacy policy].
If you Post Content to any public area of Our Website it becomes available in the public domain. We have no control over who sees it or what anyone does with it.
Even if access to your text is behind a user registration it remains effectively in the public domain because someone has only to register and log in, to access it. You should therefore avoid Posting unnecessary confidential information.
We need the freedom to be able to publicise our Services and your own use of them. You therefore now irrevocably grant us the right and licence to edit, copy, publish, distribute, translate and otherwise use any Content that you place on Our Website, in public domains and in any medium. You represent and warrant that you are authorised to grant all such rights.
We will use that licence only for commercial purposes of the business of Our Website and will stop using it after a commercially reasonable period of time.
You agree to waive your right to claim authorship and your right to object to any distortion, mutilation or other modification of your work as provided in the Copyright Act 1978.
Posting content of any sort does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you.
You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you.
You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.
Please notify us of any security breach or unauthorised use of your account.
Restrictions on what you may Post to Our Website
We invite you to Post Content to Our Website in several ways and for different purposes. We have to regulate your use of Our Website to protect our business and our staff, to protect other users of Our Website and to comply with the law. These provisions apply to all users of Our Website.
We do not undertake to moderate or check every item Posted, but we do protect our business vigorously. If we believe Content Posted breaches the law, we shall co-operate fully with the law enforcement authorities in whatever way we can.
You agree that you will not use or allow anyone else to use Our Website to Post Content or undertake any activity which is or may:
be unlawful, or tend to incite another person to commit a crime;
consist in commercial audio, video or music files;
be obscene, offensive, threatening, violent, malicious or defamatory;
be sexually explicit or pornographic;
be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;
request or collect passwords or other personal information from another user without his permission, nor Post any unnecessary personal information about yourself;
be used to sell any goods or services or for any other commercial use not intended by us, for yourself or for any other person. Examples are: sending private messages with a commercial purpose, or collecting information with the intention of passing it to a third party for his commercial use;
include anything other than words (i.e., you will not include any symbols or photographs) except for a photograph of yourself in your profile in such place as we designate;
facilitate the provision of unauthorised copies of another person’s copyright work;
link to any of the material specified in this paragraph;
Post excessive or repeated off-topic messages to any forum or group;
sending age-inappropriate communications or Content to anyone under the age of 18.
Your Posting: restricted content
In connection with the restrictions set out below, we may refuse or edit or remove a Posting which does not comply with these terms.
In addition to the restrictions set out above, a Posting must not contain:
hyperlinks, other than those specifically authorized by us;
keywords or words repeated, which are irrelevant to the Content Posted.
the name, logo or trademark of any organisation other than that of you or your client.
inaccurate, false, or misleading information.
Removal of offensive Content
For the avoidance of doubt, this paragraph is addressed to any person who comes on Our Website for any purpose.
We are under no obligation to monitor or record the activity of any Visitor or customer for any purpose, nor do we assume any responsibility to monitor or police Internet-related activities. However, we may do so without notice to you and without giving you a reason.
If you are offended by any Content, the following procedure applies:
Your claim or complaint must be submitted to us in the form available on Our Website, or contain the same information as that requested in our form. It must be sent to us by post or email.
we shall remove the offending Content as soon as we are reasonably able;
after we receive notice of a claim or complaint, we shall investigate so far as we alone decide;
we may re-instate the Content about which you have complained or not.
In respect of any complaint made by you or any person on your behalf, whether using our form of complaint or not, you now irrevocably grant to us a licence to publish the complaint and all ensuing correspondence and communication, without limit.
You now agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees, if any.
Security of Our Website
If you violate Our Website, we shall take legal action against you.
You now agree that you will not, and will not allow any other person to:
modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.
link to Our Website in any way that would cause the appearance or presentation of Our Website to be different from what would be seen by a user who accessed Our Website by typing the URL into a standard browser;
download any part of Our Website, without our express written consent;
collect or use any product or service listings, descriptions, or prices;
collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;
aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of the Services;
share with a third party any login credentials to Our Website;
Despite the above terms, we now grant a licence to you to:
create a hyperlink to Our Website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon your not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.
you may copy the text of any page for your personal use in connection with the purpose of Our Website or a Service we provide.
Storage of data
We may, from time to time, set a limit on the number of messages you may send, store, or receive through the Service. We may delete messages in excess of that limit. We shall give you notice of any change to your limit, except in an emergency.
We assume no responsibility for the deletion or failure to store or deliver email or other messages.
You accept that we cannot be liable to you for any such deletion or failure to deliver to you.
We maintain reasonable procedures for general backup of data for our own purposes but we give no warranty that your data will be saved or backed up in any particular circumstances unless we have made specific contractual arrangements with you in writing.
Termination
This agreement terminates on the expiry of your subscription.
You may terminate this agreement at any time, for any reason, with immediate effect. You may terminate the agreement either by sending notice to us by post or email, or by completing the form on Our Website and submitting it. We reserve the right to check the validity of any request to terminate your subscription.
We may terminate this agreement at any time, for any reason, with immediate effect by sending you notice to that effect by post or email.
Termination by either party shall have the following effects:
your right to use the Services immediately ceases;
we are under no obligation to forward any unread or unsent messages to you or any third party;
In the event of such termination by us, we will within seven days refund to you the balance of your subscription outstanding for any Service, pro rata with time not elapsed.
There shall be no re-imbursement or credit if the Service is terminated due to your violation of the terms of this agreement.
We retain the right, at our sole discretion, to terminate any and all parts of the Services provided to you, without refunding to you any fees paid if we decide in our absolute discretion that you have failed to comply with any of the terms of this agreement.
Interruption to Services
If it is necessary for us to interrupt the Services, we will give you reasonable notice where this is possible and when we judge the down time is such as to justify telling you.
You acknowledge that the Services may also be interrupted for many reasons beyond our control.
You agree that we are not liable to you for any loss, foreseeable or not, arising from any interruption to the Services.
Intellectual Property
You agree that at all times you will:
not do anything which does or might reduce the value of our Intellectual Property or challenge our ownership of it.
notify us of any suspected infringement of the Intellectual Property;
so far as concerns software provided or made accessible by us to you, you will not:
copy, or make any change to any part of its code;
use it in any way not anticipated by this agreement;
give access to it to any other person than you, the licensee in this agreement;
in any way provide any information about it to any other person or generally.
not use the Intellectual Property except directly in our interest.
Disclaimers and limitation of liability
The law differs from one country to another. This paragraph applies so far as the applicable law allows.
All implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied condition, warrant or term cannot be excluded, then this sub paragraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.
Our Website and our Services are provided “as is”. We make no representation or warranty that the Service will be:
useful to you;
of satisfactory quality;
fit for a particular purpose;
available or accessible, without interruption, or without error.
We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from Our Website.
We make no representation or warranty and accept no responsibility in law for:
accuracy of any Content or the impression or effect it gives;
delivery of Content, material or any message;
privacy of any transmission;
third party advertisements which are posted on Our Website or through the Services;
the conduct, whether online or offline, of any user of Our Website or the Services;
failure or malfunction of computer hardware or software or technical equipment or system connected directly or indirectly to your use of the Services;
any act or omission of any person or the identity of any person who introduces himself to you through Our Website;
any aspect or characteristic of any services advertised on Our Website;
you agree that in any circumstances when we may become liable to you, the limit of our liability is the amount you have paid us in the immediately preceding 12-month period for the Services concerned.
We shall not be liable to you for any loss or expense which is:
indirect or consequential loss; or
economic loss or other loss of turnover, profits, business or goodwill even if such loss was reasonably foreseeable or we knew you might incur it.
This paragraph (and any other paragraph which excludes or restricts our liability) applies to our directors, officers, employees, subcontractors, agents and affiliated companies as well as to us.
If you become aware of any breach of any term of this agreement by any person, please notify us by contacting us at [email protected]
You indemnify us
You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:
your failure to comply with the law of any country;
your breach of this agreement;
any act, neglect or default by any agent, employee, licensee or customer of yours;
a contractual claim arising from your use of the Services;
a breach of the intellectual property rights of any person.
Miscellaneous matters
You undertake to provide to us your current land address, e-mail address and telephone numbers as often as they are changed together with all information that we may require to enable us to fulfil our obligations under this contract
If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
If you are in breach of any term of this agreement, we may:
terminate your account and refuse access to Our Website;
remove or edit Content, or cancel any order at our discretion;
issue a claim in any court.
Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.
No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
Any communication to be served on either party by the other shall be delivered by hand or sent by fastmail service or recorded delivery.