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Effective date: March 01, 2019

The IP Braai Terms of Use (“Terms”, Terms of Use”) is a legally binding agreement between you (“you” and “your”) and IP Braai Pty (Ltd) (“IP Braai”, us”, “we”, or “our”) which operates the website ipbraai.co.za (“the Site”).

These Terms of Use govern your access to and use of IP Braai’s Site, products and services (“Services”). Please read these Terms of Use carefully and contact us if you have any questions. These Terms of Use apply to all visitors, users, subscribers and others who access or use the Services. By accessing or using our Services, you agree to be bound by these Terms of Use and by our Privacy Policy. If you disagree with any part of the Terms of Use then you should not access or use our Services.

Unless otherwise defined in these Terms of Use, terms used in these Terms of Use have the same meanings as in ourPrivacy Policy.

Definitions

“Personal information” is information that can be associated with a specific person that could be used to identify that specific person, either from the data directly or from that data combined with other information that we have access to or are likely to have access to. Personal information does not include anonymous or aggregated information that can no longer be used to identify a specific person.

“Termination” is the permanent deactivation of your account within our Services and immediately revoking access to our Services available to logged in users only.

“Suspention” is the temporarory freezing of your account within our Services and immediately withholding access to our Services available to logged in users only. Your account will remain frozen until the breach or act of misconduct has been addressed.

“Subscription Cancellation” is the cancellation of the subscription contract between the subscriber and IP Braai resulting in revocation of access to subscriper only content.

Accounts

When you create an account with us, you must provide us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of these Terms of Use, which may result in immediate termination or suspension of your account within our Services.

You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password, whether your password is with our Services or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account by sending an email to: admin@ipbraai.co.za.

Links To Other Web Sites

Our Services may contain links to third-party web sites or services that are not owned or controlled by IP Braai.

IP Braai has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Site shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

Privacy Policy

Certain personal information and other information about you may be collected by IP Braai and through our Services. Our use of this information is governed by our Privacy Policy.

Disclaimers

You expressly understand and agree in full with the following disclaimers:

General Disclaimer

Neither IP Braai, any content owner or third party licensor, nor their respective directors, members, officers, employees, agents, contractors, subsidiaries or affiliated companies will be liable for any loss, personal injury, property damage, lost profits, cost of substitute goods or services, loss of data, loss of goodwill, work stoppage, computer and/or device or technology failure or malfunction or for any form of direct, indirect, incidental, punitive, special, consequential or exemplary damages based on any causes of action arising out of the use of the Services or any alleged failure of performance, error, omission, interruption, deletion, defect, or any delay in service, operation, or transmission of the Services or any alledged computer virus, communication line failure, theft or destruction of property, and/or unauthorised access to, alteration of, or use of or posting of any records, content, or technology, pretianing to or on the Services. You agree that this limitation of liability applies whether such allegations are for breach of contract, tortious behavios, neglegence, or fall under any other cause of action, regardless of the basis upon which liability is claimed and even if IP Braai or content owners have been advices of the possibility of such loss or damages.

Legal Content Disclaimer

The information contained within our Services is aimed at providing IP Braai subscribers, users, visitors and general members of the public with guidance on the law and legal matters in South Africa. This information has not been provided in order to meet the unique requirements of any specific individual and IP Braai always advises that specific legal advice be obtained to address an individual’s unique circumstances. You are more than welcome to contact us at info@ipbraai.co.za to arrange a consulation.

The legal templates available for download from our Services are approved by experienced and registered legal practitioners in the fields of Intellectual Property and Commercial law. These templates an associated information is not intended to provide legal advice or legal services but are rather intended to provide usefull documentation, links and information. If you are unsure of the meaning or implications of any of the information contained within our Services or how it applies to your specific circumstances, then you should consult you legal practitioner. You are more than welcome to contact us at info@ipbraai.co.za to arrange a consultation.

Although IP Braai strives to keep the information up to date and of the utmost high quality, it is important to remember that the law is constinuously changing and we cannot guarantee that the information will be updated and/or be without errors or omissions at the time of use. As a result, IP Braai, its employees, independent contractors, associates, affiliates or third parties will under no circumstances accept liability or be held liable, for any omissions or innocent or negligent actions, by IP Braai, which may result in any harm or liability flowing from the use of or the inability to use the information contained within out Services.

Privacy Disclaimer

The security of the personal information submitted by you in connection with our Services is of utmost importance to us and we shall use such information in accordance with our Privacy Policy but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we use commercially acceptable technical and administrative security measures to protect your Personal Data, we cannot guarantee its absolute security. You thus acknowledge and agree that your submissions of any infromation is at your sole risk, and to the maximum amount permitter by law, IP Braai hereby disclaims any and all liability to you for any loss or liability relating to such information in any way.

If applicable law does not allow all or any part of the above limitation of liability to apply to you, the limitations will apply to you only to the extent permitted by applicable law.

Intellectual Property Rights

Our Services and all of its content, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by IP Braai, its licensors, or other providers of such material and are protected by South African and international Copyright, Trade Mark and other Intellectual Property or proprietary rights laws.

These Terms of Use grant you a personal, non-exclusive, non-transferable, revocable license to access and use our Services. You may access the material included in the Services only for your own personal, non-commercial use. You must not reproduce, distribute, modify, create derivitive works of, publicly display, publicly perform, republish, download, store or transmit any of the material within our Services, except as incidental to normal web browsing, such as the making of temporary copies in RAM or the cache of your Internet browser, and for features of the Services that enable sharing via e-mail, social media, linking and other platforms expressly enabled by the Services.

You must not:

  • Modify copies of any materials from our Services.
  • Use any illustrations, photographs, video or audio sequences or any graphics seperately from the accompanying text.
  • Delete or alter any Copyright, Trade Mark or other proprietary rights notices from copies of materials from our Services.
  • Reverse-engineer or otherwise attempt to steal the software code of our Services.

Any use of the Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate Copyright, Trade Mark and other laws.

Exclusion of Competitors

If you are in the business of creating and selling documents and / or templates for a fee to users (business users or domestic users) then you are a competitor of IP Braai and are expressly excluded and prohibited from using or accessing our Services, to download any templates or information from our Services or obtain any such templates or information through a third party. If you breach this term then IP Braai will hold you fully accountable for all profits you might make from such unpermitted and improper use and further hold you responsible for any loss that it might sustain. We reserve the right to exclude and not permit any person from using our Services or any of the documents, templates and information contained within it.

Advertising Content

Our Services may present advertisements for or links to third party websites, products and / or services (“Third Party Ads”). We are not responsible for the availability of these Third Party Ads, or the images, mesages or other materials contained therein. Neither IP Braai, nor any of our affiliates will be laible for any errors in content or omissions in any Third Party Ads, nor responsible for any losses or damages of any kind incurred as a result of your participation with, use of, or reliance on the Third Party Ads, including any goods, products or services offered by such Third Party Ads.

Pricing and Payment

Prices are quoted in South Africna Rand which is the currency in which payment is accepted. If you do not hold South African Rand you may pay by debit or credit card, or any other method we may introduce from time to time, and your card company should exchange the amount charged to the currency of your country at their current rate.

We cannot guarantee that a particular Service will always be available. You will not be charged for any Services that cannot be fulfilled and where appropriate, we will refund to your account any sum deducted by IP Braai.

We reserve the absolute right to amend the pricing of our Services from time to time and to to accept or refuse any payment made in any form.

Payment may be made by credit card, depit card or any other such method as we may introduce at our absolute discretion.

To maximise security, IP Braai does not hold any credit card or debit card information. This information is managed and held by third party payment providers. Your card company may also do security check to confirm if it is you making the payment.

Your statutory rights are unaffected by these Terms of Use.

Subscriptions

Subscription Contract

Once your first subscription fee payment is received by IP Braai, a subscription contract is formed and you agree to these Terms of Use. All subscription contracts run for a minimum of 12 months and continue until you request temination. You agree and reaffirm that IP Braai is authorised to charge subscription fees to your designated card every time you utilise our Services, or allow or cause the use of our Services.

Subscription Payment

IP Braai subscription fees are charged monthly or yearly, depending on your subscription plan. If the payment method for your subscription is by credit or debit card and payment is not received by IP Braai from the card issuer or its agents, you agree to pay all amounts due apon our demand.

We reserve the right to cancel your subscription and / or access to our Services immediately, without prior notice or liability, in the case of non-payment of subscription fees.

Any upgrade or downgrade in subscription plan will result in the new rate being charges at the next billing cycle. There will be no prorating for downgrades in between billing cycles. Downgrading your subscription plan may cause the loss of features or capacity of your account. IP Braai does not accept any liability for such loss.

Your use of your designated card is governed by the card issuer’s agreement. Please refer to such agreement, not this Agreement, with regards to your rights and liabilities as cardholder.

Subscription Cancellation

One of the following scenarios will apply if you enter into an IP Braai subscription and choose to cancel the subscription within 12 months of commencement:

  • If the discounts on Services utilised during your subscription exceeds the amount paid in subscription fees, you agree to pay the retail price of all Services utilised less the value of subscription fees paid.
  • If the discounts on Services utilised during your subscription does not exceed the amount paid in subscription fees, there will be no additional payment owed.

No additional payments apply if you cancel your subscription after 12 months of commencement and your subscription will be cancelled at the end of the billing cycle in which we receive your cancellation request.

Any cancellation requests or account enquiries should be sent to: admin@ipbraai.co.za

Termination and Suspension

You are free to terminate your account by simply discontinueing use of our Services.

We may, while acting responsibly, terminate or suspend your account or access to our Services immediately, without prior notice or liability, for any reason whatsoever. Examples of waranted account termination or suspension include without limitation:

  • If you breach these Terms of Use.
  • If you act in a way that does not align with the values of the IP Braai community.
  • If you act in a way that could cause harm to us or our subscribers.

Upon termination, your right to use the Services will immediately cease. You shall not apply for a new account as you will unfortunately no longer be welcome in the IP Braai community.

All provisions of these Terms of Use which by their nature should survive termination shall survive termination including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Governing Law

These Terms of Use shall be governed and construed in accordance with the laws of South Africa, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms of Use will not be considered a waiver of those rights. If any provision of these Terms of Use is held to be invalid or unenforceable by a court, the remaining provisions of these Terms of Use will remain in effect. These Terms of Use together with our Privacy Policy constitute the entire agreement between you and IP Braai regarding our Services, and supersede and replace any prior agreements we might have between you and IP Braai regarding our Services.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms of Use at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms of use taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised terms of use. If you do not agree to the new terms of use, please stop using our Services.

Contact Us

If you have any questions about these Terms of Use, please contact us:

  • By email: info@ipbraai.co.za
  • By visiting the Contact Page on the Site