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 email@example.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
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 firstname.lastname@example.org or selecting to unsubscribe as may be provided in the applicable e-mail correspondence.
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
5. Use of our services and website
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 email@example.com .
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.
· 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.
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.
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
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.
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.
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.
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.
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).
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.
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 : firstname.lastname@example.org
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