Terms of Service
Welcome
to Gamalial! This website is operated by
Jafre Software CC (the “Company”, or “we”). By using gamalial.com and its subdomains (the
“Website” or “Gamalial”), and all related services and tools (“Services”), you
indicate your unconditional acceptance of the following Terms of Service, which
apply to Gamalial and all its Services unless otherwise indicated. Throughout these Terms of Service, “you” or
“your” refers to the person accessing or using the Website and any of the
Services (each a "user"), including users who are also contributors of content (“Projects”) and
other materials related to the Projects. Please contact Jafre
Software CC, at support@gamalial.com, if you have any questions about
these Terms of Service.
1. Scope of
Service
This
Website and its associated Services are maintained by the Company for the
benefit of users that visit the Website subject to these Terms of Service.
· The Website may periodically
become unavailable due to various reasons.
· We may also, without notice,
alter, suspend, or discontinue this Website and/or our Services, in whole or in
part, at any time and for any reason.
· We may also restrict access to
portions of our Website and/or Services, for some or all users, from time to
time.
· You are responsible for obtaining
the Internet service and any equipment necessary to access our Website and
Services and for paying any fees for the equipment and service you select.
2.
Registration and Membership
A. REGISTRATION
Certain
of our Services are reserved for registered users. In order to become a
registered user (or “member”), we may ask you to provide an email address and
create a password (“Login Credentials”). During any such registration, you are
required to provide correct and accurate information in accordance with these Terms of Service. All
information that you provide to Gamalial is subject to the Company’s Privacy
Policy.
B. ACKNOWLEDGEMENT TO RECEIVE EMAIL
As
a registered user of Gamalial, you agree to receive emails about product and
service offerings. You may opt-out from
receiving such correspondence by emailing support@gamalial.com or selecting to unsubscribe
as may be provided in the applicable e-mail correspondence.
C. TERMINATION
In
certain circumstances it may become necessary to block your account or access,
or ban you as a user. If your account or access is blocked or otherwise
terminated for any reason, you may still access our public pages for the sole
purpose of reading publicly available content in public Projects. In such
circumstances, however, you may not be able to access your account or settings.
We reserve the right to suspend or end the services at any time, with or
without cause, and with or without notice. Even after your use and
participation are banned, blocked or otherwise suspended, these Terms of Use
will remain in effect with respect to relevant provisions.
3.
Third-party websites and resources
The Website may contain
links to third party websites over which the Company has no control. You are
solely responsible for your use of any third-party websites or resources.
Although Projects may contain links to third-party websites and resources, the
Company does not endorse and are not responsible or liable for their
availability, accuracy, or the related content, products, or services
(including, without limitation, any viruses or other disabling features), nor
do we have any obligation to monitor such third-party content.
4. Intellectual
property rights
The
content on the Website, including without limitation, the Projects, the text,
software, scripts, graphics, photos, sounds, music, videos, interactive
features and the like (“Content”) and the trademarks, service marks and logos
contained therein (“Marks”), belong to the Company and/or third parties, and is
subject to copyright and other intellectual property rights under South African
and foreign laws and international conventions.
Nothing in the Terms of Use grants you a right or license to use any
trade mark, design right or copyright owned or controlled by the Company or any
other third party except as expressly provided in the Terms of Use.
5. Use of
our services and website
You may not assist anyone to, or attempt to,
reverse engineer, decompile, disassemble, adapt, modify, copy, reproduce, lend,
hire, rent, perform, sub-license, make available to the public, create
derivative works from, broadcast, distribute, commercially exploit, transmit or
otherwise use in any way Content and/or Services in whole or in part except to
the extent permitted in these Terms of Use.
You may not directly or indirectly charge others for accessing, viewing
or listening to any Content, or commercialise or
attempt to re-sell the Content in any way, which includes advertising or
selling any goods and services which offer Content including any third party
software applications.
You may only use this site to browse the
content, make legitimate purchases and shall not use this site for any other
purposes, including without limitation, to make any speculative, false or
fraudulent purchase. This site and the content provided in this site may not be
copied, reproduced, republished, uploaded, posted, transmitted or distributed.
'Deep-linking', 'embedding' or using analogous technology is strictly
prohibited. Unauthorized use of this site and/or the materials contained on
this site may violate applicable copyright, trademark or other intellectual
property laws or other laws.
In using Gamalial and/or its Services, you
may not
·
violate any
laws
·
post any
threatening, abusive, defamatory, obscene or indecent material
·
be false or
misleading
·
infringe any
third-party right
·
distribute
spam, chain letters, or pyramid schemes
·
distribute
viruses or any other technologies that may harm Gamalial or the interests or
property of Gamalial users
·
impose an
unreasonable load on our infrastructure or interfere with the proper working of
Gamalial
·
copy, modify,
or distribute any other person's content without their consent
·
use any robot
spider, scraper or other automated means to access Gamalial and collect content
for any purpose without our express written permission
·
harvest or
otherwise collect information about others, including email addresses, without
their consent
·
bypass
measures used to prevent or restrict access to Gamalial content
Without
limiting other remedies, we may issue warnings, limit or terminate our service,
remove hosted content and take technical and legal steps to keep users off Gamalial
if we think that they are creating problems or acting inconsistently with the
letter or spirit of our policies. However, whether we decide to take any of
these steps, remove hosted content or keep a user off Gamalial or not, we do
not accept any liability for monitoring Gamalial or for unauthorized or
unlawful content on Gamalial or use of Gamalial by users. You also recognise and accept that Gamalial is not under any
obligation to monitor any data or content which is submitted to or available on
the site.
Please report
problems, offensive content and policy breaches to us at support@gamalial.com .
6.
Indemnification
By
using this Website and/or its Services, you agree to indemnify, hold harmless
and defend the Company and their
officers, directors, employees and agents in respect of
all damages, claims, demands, liabilities (including liability to third
parties), losses, costs and expenses, including reasonable legal fees and
costs, arising out of or as a result of any breach of the Terms of Use or
otherwise in connection with your use of the Gamalial Website and related Services
or in connection with Gamalial Content or both.
7. Payments
A. GENeral
When you click to make a purchase with us legal obligations arise and
your right to refund of monies charged to your credit card or paid in any other
way agreed by us, are limited by our Terms
of Service. You must not make any purchase through this
site unless you understand and agree all our Terms of Service. Once payment is
made for the purchase, it is deemed that you have read and understood the Terms
of Service for such purchase. If you have any queries please contact us before
making any purchase for any service through this website.
If
you purchase any Services that we offer for a fee, either on a one-time or
subscription basis, you agree to pay the Company directly or via its third
party payment processing service provider. You also agree to pay the applicable
fees as they become due plus all related taxes.
B. Order processing
Order processing will not begin until we
receive a confirmed order and full payment.
C. Refunds/returns Policy
Should you for any reason wish to cancel your subscription(s),
you must advise us in writing of your cancellation within 14 calendar days of
the date on which your subscription commenced. Any such cancellation must be
signed by the person who made the original purchase.
D. Disclosure of outlet country at time of payment
South Africa, Nedbank.
E. Payment Options and Pricing
·
All
transactions will be processed in South African Rand (ZAR).
·
We endeavour
to offer you competitive prices on current products; you're total order price
will include the price of the purchase plus any applicable sales tax.
·
We reserve
the right to change pricing at any time without prior notice.
F. security
· Virtual Card Services process all credit card
transactions. All credit card transactions are 128 bit Secure Socket Layers
(SSL) encrypted. The company registration documents and the site's registered
domain name are checked and verified by Thawte, ensuring the cardholder and
merchant that nobody can impersonate VCS to obtain confidential information.
· Virtual Card Services is committed to providing
secure online services. All encryption complies with international standards.
Encryption is used to protect the transmission of personal information when
completing online transactions. Virtual Card Services Internet servers are
protected by firewalls and intrusion detection systems.
· The Merchant does not have access to credit
details.
· Virtual Card Services continually reviews and
enhances its security in line with technological changes.
8. Security
When
you register to participate in a service offered on this Website, you may be
required to establish a login identifier and a password. You are responsible
for protecting your login and password from unauthorized use, and you are
responsible for all activity that occurs on your account. You agree to notify
us immediately if you believe that your login or password has been or may be
used without your permission so that appropriate action can be taken. We are
not responsible for losses or damage caused by your failure to safeguard your
login and password.
9.
Disclaimer of Warranty
Your use of our Services is at
your sole risk. We provide these services on an "as is" and "as
available" basis, and we expressly disclaim all express or implied
warranties of all kinds, including but not limited to the implied warranties of
merchantability, fitness for a particular purpose, and non-infringement.
The owner of this site, the
authors of these contents and in general anybody connected to this site in any
way, from now on collectively called "Providers", assume no
responsibility for errors or omissions in these contents.
The Providers further do not
warrant, guarantee or make any representation regarding the safety,
reliability, security, accuracy, correctness or completeness of these contents.
The Providers make no warranty that our services will meet your requirements,
be safe, secure, uninterrupted, timely, accurate, or error-free, or that your
information will be secure, and we assume no responsibility for errors or
omissions in these contents.
The Providers shall not be liable
for any direct, indirect, general, special, incidental or consequential damages
(including -without limitation- data loss, lost revenues and lost profit) which
may result from the inability to use or the correct or incorrect use, abuse, or
misuse of these contents, even if the Providers have been informed of the
possibilities of such damages. The Providers cannot assume any obligation or
responsibility.
The Providers are not responsible
for the content, data, or actions of third parties (including authors), and you
release us, our directors, officers, employees, and agents from any claims and
damages, known and unknown, arising out of or in any way connected with any
claim you have against any such third parties or authors. No advice or
information, whether oral or written, obtained by you from us or through or
from our services creates any warranty not expressly stated in these Terms of
Use.
Any material downloaded or
otherwise obtained through your use of our services is done at your own
discretion and risk, and you will be solely responsible for any damage to your
computer system or loss of data that results from the download of any such material.
You agree that we have no responsibility or liability for the deletion of, or
the failure to store or to transmit, any content or communication maintained by
the service. We retain the right to create limits on use and storage at our
sole discretion at any time with or without notice.
The use of these contents is
forbidden in those places where the law does not allow this disclaimer to take
full effect.
10.
Limitation of Liability
A. DISCLAIMER
In no event shall the Company, its affiliates and sublicensees,
and their officers, directors, employees, or agents, be liable to you for any
direct, indirect, incidental, special, punitive, or consequential damages
whatsoever resulting from any (i) errors, mistakes,
or inaccuracies of content, (ii) personal injury or property damage, of any
nature whatsoever, resulting from your access to and use of the website content
or manuscript, (iii) any unauthorized access to or use of the company’s secure
servers and/or any and all personal information and/or financial information
stored therein, (iv) any interruption or cessation of transmission to or from
the website, (iv) any bugs, viruses, trojan horses,
or the like, which may be transmitted to or through the website by any third
party, and/or (v) any errors or omissions in any content or for any loss or
damage of any kind incurred as a result of your use of any content posted,
emailed, transmitted, or otherwise made available via the website, whether
based on warranty, contract, tort, or any other legal theory, and whether or
not the company is advised of the possibility of such damages. The foregoing
limitation of liability shall apply to the fullest extent permitted by law in
the applicable jurisdiction.
B. LIMITATION
The
company’s aggregate liability for all claims arising from this agreement,
cumulatively between you and Jafre Software cc, shall
not exceed the greater of (i) R100 South African Rand
or (ii) the total fees you have paid to the Company for the services, if any,
in the then-prior twelve (12) month period.
C. WAIVER OF CLASS ACTION
Any
claims brought by you or the Company must be brought in that parties’
individual capacity, and not as a plaintiff or class member in any purported
class or representative proceeding.
11. Disputes
You
are solely responsible for your interactions with all users and third parties
and any disputes that arise from those interactions with such users or third
parties. Because the Company is not
responsible for the interaction between users or any related transactions, in
the event that you have a dispute with one or more users, you hereby release the
Company (and our officers, directors, agents, investors, subsidiaries, and
employees) from any and all claims, demands, or damages (actual or
consequential) of every kind, known and unknown arising out of or in any way
related with such disputes.
12.
Jurisdiction
The Website is controlled and offered by the
Company from its facilities in South Africa. Those
who choose to access this Website from outside South Africa do so on their own
initiative and at their own risk and are responsible for compliance with
applicable local laws. By using our Services, you consent to having your
Personal Information (as defined in our Privacy Policy posted on our Website) transferred
to and processed in South Africa.
13.
Enforcement
These
Terms of Service will be
exclusively governed by and construed in accordance with the laws of South
Africa whose Courts will have exclusive jurisdiction in any dispute, save that
we have the right, at our sole discretion, to commence and pursue proceedings
in alternative jurisdictions.
By accessing the Website and using our Services you
consent to these Terms
of Service and
to the exclusive jurisdiction of the South African courts in all disputes
arising out of such access. If any of these terms are deemed invalid or
unenforceable for any reason (including, but not limited to the exclusions and
limitations set out above), then the invalid or unenforceable provision will be
severed from these terms and the remaining terms will continue to apply.
Failure of the Company to enforce any of the provisions set out in these Terms of
Service, or failure to exercise any option to terminate, shall not be construed
as waiver of such provisions and shall not affect the validity of these Terms of
Service or any part thereof, or the right thereafter to enforce each and every
provision. These Terms of Service shall not be amended, modified, varied or
supplemented except in writing and signed by duly authorised representatives of
the Company.
14. Our
rights
We reserve the right to:
1. modify or
withdraw, temporarily or permanently, the Website (or any part of) with or
without notice to you and you confirm that we shall not be liable to you or any
third party for any modification to or withdrawal of the Website; and/or
2.
change these Terms of Service from time to
time, and your continued use of the Website (or any part of) following such
change shall be deemed to be your acceptance of such change. It is your
responsibility to check regularly to determine whether the Terms of Service
have been changed. If you do not agree to any change to the Terms of Service
then you must immediately stop using the Website.
We will use our
reasonable endeavours to maintain the Website. The Website is subject to change
from time to time. You will not be eligible for any compensation because you
cannot use any part of the Website or because of a failure, suspension or
withdrawal of all or part of the Website due to circumstances beyond our
control.
15.
Monitoring
We have the
right, but not the obligation, to monitor any activity and content associated
with the Website. We may investigate any reported violation of these Terms of
Service or complaints and take any action that we deem appropriate (which may
include, but is not limited to, issuing warnings, suspending, terminating or
attaching Terms of Service to your access and/or removing any materials from
the Website).
16. Waiver
Failure of the Company to insist upon strict
performance of any provision of this or any Agreement or the failure of the
Company to exercise any right or remedy to which it is entitled hereunder shall
not constitute a waiver thereof and shall not cause a diminution of the
obligations under this or any Agreement. No waiver of any of the provisions of
this or any Agreement shall be effective unless it is expressly stated to be
such in writing and signed by duly authorised representatives of the Company.
17. Notification
of changes
We
reserve the right to change, modify, add to or remove from portions or the
whole of these Terms of Service periodically for any reason, which shall be
effected by posting of the updated Terms of Service to www.gamalial.com/pages/terms.html.
Changes
to these Terms of Service will become effective upon such changes being posted
to the Website. It is the User’s obligation to periodically check these Terms of
Service at the Website for changes or updates. The User’s continued use of the
Website following the posting of changes or updates will be considered notice
of the User’s acceptance to abide by and be bound by these Terms of Service,
including such changes or updates.
18. Consent
You hereby accept these Terms of
Service. You undertake not to copy/duplicate the trademarks and designs
directly or indirectly in any way and understand the legal implica-tions
thereof. Should you be found to be in violation of this agreement, you hereby
acknowledge that you understand that you will be held liable for all legal
costs incurred by Jafre Software CC for any civil
action or any legal action deemed necessary against you.
19. Contact
details
Physical
address : Farm
G40, Kruisriver, Uitenhage, South Africa
Postal
address : PO
Box 128, Despatch, 6219, South Africa
Email
address : support@gamalial.com
20.
Miscellaneous
You
may not assign or transfer these Terms of Service in whole or in part to any
third party without the consent of the Company. If any part of these Terms of Service is held
to be unlawful, void, or unenforceable, that part will be deemed severable and
shall not affect the validity and enforceability of the remaining provisions.
Copyright©
2011-2015, Jafre Software CC. All Rights Reserved.
Version:
August 20, 2015