These Terms of Service (“Terms”) are effective as of: 1 April 2020 “Effective Date”. Read these Terms carefully before browsing this Website. Your continued use of the website whether as a User (“a User”, “You”, or “Your”) indicates that you have both read and accept these Terms.
You cannot use this Website if you do not accept these Terms. All sections of these Terms are applicable to you unless the section expressly states otherwise. These Terms shall operate in addition to any other more specific terms that might apply to a User. If there exists a conflict between these Terms and the more specific Terms applicable to a User, the more specific Terms shall prevail to the extent of such inconsistency.
Article 1. Introduction
1.1. These Terms will apply in respect of a User’s use of the website https://www.thecontentribe.com/ (“the Website”). By using this Website, a User agrees to accept the Terms contained herein.
1.2. Should a User not agree to the Terms contained herein, a User must immediately desist from using this Website.
1.3. Minors are not allowed to use this Website.
Article 2. Intellectual Property Rights
2.1. The Company and/or the Company’s licensors own all the intellectual property rights and materials as are contained on this Website.
2.2. A User is granted a limited license only for purposes of utilising this Website.
Article 3. Restrictions
3.1. A User may not:
3.1.1. publish or mirror any of this Website’s material in any media whatsoever;
3.1.2. use this Website or the Company's Services for any objectionable or unlawful purpose, including the posting of any threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic, profane, or spam material;
3.1.3. take any action that may impose an unreasonable or disproportionately large load on this Website’s infrastructure of any nature;
3.1.4. use this Website or the Company's Services in any manner would result in a User breaching any applicable legislation or licensing obligations (including with respect to privacy) or any obligations a User may owe to third parties;
3.1.5. conduct any activity which compromises or breaches any third-party’s patent rights, trademark, copyright, or other intellectual property rights;
3.1.6. introduce any virus, worm, trojan horse, malicious code, or other programs which may damage computers or other computer-based equipment of the Company or affect the performance of this Website;
3.1.7. engage in any data mining, data harvesting, data extracting, or any other similar activity in relation to this Website;
3.1.8. use this Website contrary to applicable laws and regulations, or in any way may cause harm to the Website, or to any person or business entity;
3.1.9. use this Website to engage in any advertising or marketing other than in a manner expressly permitted by the Website;
3.1.10. crawl, spider or scrape the content of the Website, except to the extent required by recognised search engines (e.g. Google) for the purposes of indexing this Website; or
3.1.11. provide unauthorised interfaces to the Website.
3.2. Certain areas of this Website may be restricted from being accessed by a User, and the Company may further restrict access by a User to any areas of this Website, at any time, in its absolute discretion. Any user ID and password a User may have for this Website are confidential and a User must maintain confidentiality as well.
Article 4. A User’s Content
4.1. In these Terms, “a User’s Content” shall mean any audio, video text, images, or other material a User may choose to display on this Website or through the Company's Services, if applicable. By displaying a User’s Content, a User grants the Company non-exclusive, worldwide irrevocable, sub-licensable license to use, reproduce, adapt, publish, translate, and distribute it in any and all media.
4.2. A User’s Content must be a User’s own and must not be invading any third-party's rights. The Company reserves the right to remove any of a User’s Content from this Website at any time without notice.
4.3. The User claims all responsibility for any content and the accuracy of all copy and other information submitted to the Company for publication or in conjunction with any other Services offered by the company. The Company cannot and will not be responsible for verifying any facts contained therein.
4.4. The User represents and warrants to the Company that (i) the User has the right to deliver all information, images, and copy submitted to the Company, (ii) the User will comply with all applicable laws, rules, and regulations, including but not limited to the Children’s Online Privacy Protection Act of 1998 and laws relating to “spam”, and (iii) no information or copy submitted by the User or on the User's behalf will contain any content that is libelous, slanderous, obscene, or otherwise defamatory, false, or misleading, or which violates any copyright, right of privacy or publicity, or other rights of any person.
4.5. The User agrees to have full written permission from any companies mentioned in any press release or article other than the User's own. The User also agrees to have full written permission from any third-party name mentioned in the press release or article other than the User's own.
Article 5. Links to other Websites
5.1. This Website may contain links or portals to other websites. The Company has no control over websites operated by third parties and a User agrees that the Company is not responsible for and will have no liability in connection with a User’s access to or use of any third-party website.
Article 6. No Warranties
6.1. This Website is provided “as is” with all faults, and the Company expresses no representations or warranties, of any kind related to this Website or the materials contained on this Website.
6.2. The Company cannot guarantee or warrant that any file downloaded from this Website or delivered to a User will be free of infection or virus, worms, trojan horses, or other code that has contaminating or destructive qualities. A User is responsible for implementing appropriate processes, systems, and procedures to circumvent this type of issue.
Article 7. Limitation of Liability and Indemnification
7.1. In no event shall the Company, or any of its officers, directors, and employees, be held liable for anything arising out of or in any way connected with a User’s use of this Website or the Company's Services whether or not such liability is under contract, delict, or otherwise.
7.2. A User indemnifies the Company and agrees to keep the Company indemnified, from and against any claim, loss, damage, cost or expense that the Company may suffer or incur as a result of or in connection with a User’s improper use of or conduct in connection with this Website or the Company's Services, including any breach by a User of these terms or any applicable law or licensing requirements.
7.3. To the extent that the Company’s liability cannot be excluded by law, the Company’s maximum liability, whether in contract, equity, statute or tort (including negligence), to a User will be limited to the minimum amount imposed by such law.
7.4 Notwithstanding anything to the contrary in these Terms, in no circumstances will the Company be liable for any indirect, punitive or consequential loss or damages, loss of income, profits, goodwill, data, contracts, use of money or any loss or damages arising from or in any way connected to interruption of this Website of any type, whether in delict, contract, or otherwise.
Article 8. Severability
8.1. If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.
Article 9. Variation of Terms
9.1. To the extent permitted by law, the Company is permitted to revise these Terms at any time as it sees fit, without prior notice to Users, and any revisions to the Terms will take effect when posted on this Website, unless a later date is stated in the revised Terms. A User’s continued use of this Website will be construed as a User’s consent to the amended or updated Terms, and will be conditional upon the Terms in force at the time of use. A User’s only remedy, should such User not agree to these amended Terms, is to stop the use of this Website.
Article 10. Assignment
10.1. The Company is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, a User is not allowed to assign, transfer, or subcontract any of its rights and/or obligations under these Terms.
Article 11. Entire Agreement
11.1. These Terms constitute the entire agreement between the Company and a User in relation to a User’s use of this Website (unless a more specific agreement has been entered into in this regard).
Article 12. Governing Law & Jurisdiction
12.1. These Terms will be governed by and interpreted in accordance with the laws of the Republic of South Africa.
Article 13. Domicilium Citandi Et Executandi and Contact Information
13.1. A User and the Company choose as their respective domicilium citandi et executandi for the purpose of legal proceedings and for the purpose of giving or sending any notice provided for or necessary of these Terms, the following:
13.1.1. The Company:
450 Dunhill Street,
13.1.2. User: The address as provided when registering on this Website, or if no registration is applicable on the Website, as nominated by the User.
13.2. Both a User and the Company may change its domicilium to any other physical address or email address by written notice to the other to that effect. Such change of address will be effective 7 (seven) days after receipt of notice of change of domicilium.
13.3. All notices to be given in terms of these Terms will:
13.3.1. be given in writing;
13.3.2. be delivered or sent by email; and
13.3.3. be presumed to have been received on the date of delivery.
13.4. Notwithstanding the above, any notice actually received by the other will be deemed to have been properly given and received, notwithstanding that such notice has not been given in accordance with the provisions of this clause.
You cannot use this Website if you do not accept these Terms. All sections of this Policy are applicable to you unless the section expressly states otherwise. These Terms shall operate in addition to any other more specific terms that might apply to a User. If there exists a conflict between these Terms and the more specific Terms applicable to a User, the more specific Terms shall prevail to the extent of such inconsistency.
1.1. For the purposes of this section, Personal Information will be understood in accordance with the definition provided in the South African Protection of Personal Information Act 4 of 2013 ("the Act"). We also subscribe to the principles for electronically collecting personal information outlined in the Act, and the further legislation referred to therein. We endeavour to ensure the quality, accuracy, and confidentiality of Personal Information in our possession.
1.3. In utilising our website, using our services, or otherwise, if your information is submitted to us through a lead generation services, users may be asked to provide the following information (Personal Information):
1.3.1. First Name
1.3.4. Phone Number
1.3.6. Business Name
1.3.7. Business Registration Number
1.5. We will not collect, use or disclose sensitive information (such as information about racial or ethnic origins or political or religious beliefs, where relevant) except with your specific consent or in the circumstances permitted by law.
1.6.1. The provision and performance of our services to you
1.6.2. The provision of marketing-related services to you by us
1.6.3. Responding to any queries or requests you may have
1.6.4. Understanding general user trends and patterns
1.7. Although absolute security cannot be guaranteed on the internet, we have in place up-to-date, reasonable technical and organisational security measures to protect your Personal Information against accidental or intentional manipulation, loss, misuse, destruction, or against unauthorised disclosure or access to the information we process online.
1.8. While we cannot ensure or warrant the security of any Personal Information you provide us, we will continue to maintain and improve these security measures over time in line with legal and technological developments.
1.9. We store your Personal Information directly, or alternatively, store your Personal Information on, and transfer your Personal Information to, a central database.
1.11. The Personal Information we collect from users shall only be accessed by our employees, representatives, and consultants on a need-to-know basis, and subject to reasonable confidentiality obligations binding such persons.
1.12. We shall have the right, but shall not be obliged, to monitor or examine any information and materials, including any website link that you publish or submit to us for publishing on the Site. You shall be solely responsible for the contents of all material published by yourself.
1.14. We will not sell, share, or rent your Personal Information to any third party or use your e-mail address for unsolicited mail. Any emails sent by us will only be in connection with the provision of our services and/or the marketing thereof.
Article 2. Log Files
2.1. When you visit the website, even if you do not create an account, we may collect information, such as your IP address, the name of your ISP (Internet Service Provider), your browser, the website from which you visit us, the pages on our website that you visit and in what sequence, the date and length of your visit, and other information concerning your computer's operating system, language settings, and broad demographic information. This information is aggregated and anonymous data and does not identify you specifically. However, you acknowledge that this data may be able to be used to identify you if it is aggregated with other Personal Information that you supply to us. This information is not shared with third parties and is used only within the company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above, without your explicit permission.
Article 3. Disclosure of Personal Information
3.1. We may disclose your Personal Information to the following persons for the purposes of our rendering our services to you, and for those reasons recorded in clause 1.6 above:
3.2. If our services are provided in conjunction with, or by involvement of third parties, such third parties may need to have your Personal Information in order to fulfil your request.
Article 4. Cookies
4.1.1. "Session cookies": These are used to maintain a so-called 'session state' and only last for the duration of your use of the Website. A session cookie expires when you close your browser, or if you have not visited the server for a certain period of time. Session cookies are required for the Platform to function optimally, but are not used in any way to identify you personally.
4.1.2. "Permanent cookies": These cookies permanently store a unique code on your computer or smart device hard drive in order to identify you as an individual user. No Personal Information is stored in permanent cookies. You can view permanent cookies by looking in the cookies directory of your browser installation. These permanent cookies are not required for the website to work, but may enhance your browsing experience.
Article 5. Links from the website
5.1. The services available through the Website, may contain links to other third-party websites, including (without limitation) social media platforms, payment gateways, appointment scheduling, and/or live chat platforms ("Third Party Websites"). If you select a link to any Third Party Website, you may be subject to such Third Party Website's terms and conditions and/or other policies, which are not under our control, nor are we responsible therefore.
5.2. Hyperlinks to Third-Party Websites are provided "as is", and we do not necessarily agree with, edit, or sponsor the content on Third-Party Websites.
5.3. We do not monitor or review the content of any Third Party Website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us, and we should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of other websites, either.
5.4. Users should evaluate the security and trustworthiness of any Third Party Website before disclosing any personal information to them. We do not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
Article 6. Application Of The Electronic Communications And Transactions Act 25 Of 2002 ("Ect Act")
6.1. Data Messages (as defined in the ECT Act) will be deemed to have been received by us if and when we respond to the Data Messages.
6.2. Data Messages sent by us to a user will be deemed to have been received by such user in terms of the provisions specified in section 23(b) of the ECT Act.
6.3. Users acknowledge that electronic signatures, encryption, and/or authentication are not required for valid electronic communications between us and users.
6.4. Information to be provided in terms of section 43(1) of the ECT Act: Page 4 of 5.
6.4.1. Users warrant that Data Messages sent to us from any electronic device, used by such user, from time to time, or owned by such user, were sent and or authorised by such user, personally.
6.4.2. This Website is owned and operated by theContenTribe (Pty) Ltd.
6.5. Address for service of legal documents: 450 Dunhill Street, Waterkloof Glen, Pretoria, 0181.
6.5.1. Contact Number: +27 87 095 6471.
6.5.2. Website - located at https://www.thecontentribe.com/.
6.5.3. Email address: firstname.lastname@example.org.
Article 7. Lodging of Complaints
7.1.1. Telephone: +27 (0) 10 023 5207; or
7.1.2. Email: email@example.com.