TERMS AND CONDITIONS
INTRODUCTION
These Standard Terms and Conditions (“the terms”) govern the legal relationship between any third party (hereinafter referred to as the “Client”) which engages the services of or contributes content of any nature to www.getupandgrow.co.za (hereinafter referred to as “getupandgrow.co.za”) in the form of, but not limited to, publication, online advertising, resources, social networking and/or any other engagement or material.
PARTIES
Getupandgrow.co.za is a private entity with limited liability, incorporated in terms of the laws of the Republic of South Africa (hereinafter referred to as “Getupandgrow.co.za”) and
Any natural or juristic person who or which engages the services of or contributes content of any nature to Getupandgrow.co.za in the form of, but not limited to, comments, questions, resources and/or any other material. (hereinafter referred to as “Client”).
INTERPRETATION
In this Agreement, unless inconsistent with or otherwise indicated by the context:
“The/this Agreement” means the agreement as contained in this document including all Appendices, Annexures and Schedules hereto.
“Party/ies” means all parties to this Agreement.
“Notice” means written notice.
“Services” shall mean information, resources and events provided by getupandgrow.co.za.
“Request” shall mean any given project or mandate provided for work to be done.
“Days” shall mean calendar days.
Any reference to the singular includes the plural and vice versa.
Any reference to any one gender includes the other genders.
Where any term is defined in the context of any particular clause in the Agreement, the term so defined, unless it is clear from the clause in question that the terms so defined has limited application to the relevant clause, shall bear the meaning ascribed to it for all purposes in terms of this Agreement, notwithstanding that the term has not been defined in this interpretation clause.
The clause headings in this Agreement have been inserted for convenience only and shall not be taken into account in its interpretation.
A reference to a document includes an amendment or supplement to, or replacement or novation of that document.
Where figures are referred to in numerals and words, if there is any conflict between the two, the words shall prevail.
The rule of interpretation which proposes that an agreement be interpreted against the person drafting it shall not apply to this Agreement.
This Agreement shall be governed by and construed and interpreted in accordance with the Laws of the Republic of South Africa.
GENERAL TERMS AND CONDITIONS
By accessing and using the getupandgrow.co.za Platform, the Parties hereby consider themselves responsible and bound to follow the terms and conditions provided for herein. Should any party not wish to be bound by this agreement, then such Party may not access, display, download, purchase, post and/or otherwise engage on the getupandgrow.co.za Platform in any manner.
It is further understood and agreed that these Terms and Conditions shall apply to each and every engagement by the Client in respect of, but not limited to, comments, contributions, quotes, social networking and/or any other engagement as if specifically incorporated therein.
Getupandgrow.co.za reserves the right to review and amend the terms and conditions as and when necessary, without consultation and/or notice to the Client. Such amendments shall become effective from the date of publication to the getupandgrow.co.za online platform. Accordingly it shall be the responsibility of the Client to check the website from time to time to acquaint himself with any changes which may have occurred. The Client’s continued use of the getupandgrow.co.za online platform shall be deemed to be an acceptance by the Client to these amendments.
By executing this agreement, the Parties agree to fulfil any and all commitments which may arise, whether financial or otherwise.
Getupandgrow.co.za accepts no liability for any content posted to the getupandgrow.co.za online platform by a third party. Furthermore that which is expressed in any comment, contribution, social media post or otherwise by a third party on getupandgrow.co.za online platform shall bear no representation of getupandgrow.co.za, its views or that of its staff, directors or affiliates.
We do not provide legal, psychological or other professional advice and nothing on this site should be viewed as such. The information provided here is based on personal experiences and extensive academic research.
WEBSITE USE TERMS AND CONDITIONS
Materials contained in this website are protected by applicable copyright and trade-mark law. Should any party not comply with any of these applicable laws, then such party is prohibited from accessing or using this website.
The materials on getupandgrow.co.za are provided “as is”. Getupandgrow.co.za makes no warranties, expressed or implied and, hereby disclaims and negates all other warranties, including but without limitation to, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, getupandgrow.co.za does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its internet website or otherwise relating to such materials or on any sites linked to this site.
The materials appearing on getupandgrow.co.za could include technical, typographical or photographic errors. Getupandgrow.co.za does not warrant that any of the materials on its website are accurate, complete or current. Getupandgrow.co.za may make changes to the materials contained on its website at any time without notice. Getupandgrow.co.za does not, however, make any commitment to update the materials.
In no event shall getupandgrow.co.za or its suppliers be liable for any damages or losses arising out of the use or inability to use the materials on getupandgrow.co.za, even if getupandgrow.co.za or an authorised representative has been notified orally or in writing of the possibility of such damage.
Getupandgrow.co.za has not reviewed all of the sites linked to its internet website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by getupandgrow.co.za of the site. Use of any such linked website is at the user’s own risk.
PRIVACY POLICY
Your privacy is very important to us. Accordingly, we have developed a policy whereby we shall identify the purposes for which information is being collected, before or at the time of collecting such information.
We shall collect and use personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
We shall collect personal information by lawful and fair means and where appropriate, with the knowledge or consent of the individual concerned. We shall only retain personal information as long as necessary for the fulfilment of those purposes specified.
Personal data should be relevant to the purposes, accurate, complete and up-to-date.
We shall protect personal information by reasonable security measures against loss or theft as well as unauthorised access, disclosure, copying, use or modification.
ADVERTISING, MARKETING & SOLICITING
No advertising, marketing or soliciting of any nature is allowed on this site, unless by prior agreement with getupandgrow.co.za. Any attempts to do such will result in immediate suspension of membership.
MEMBERSHIP SUBSCRIPTIONS AND AUTOMATIC RENEWAL
Get Up and Grow Memberships are sold as an automatically recurring monthly subscription that renews each calendar month succeeding the purchase date.
Subscription renewals are automatically processed each calendar month and will continue and remain valid for each month unless the subscription is cancelled by the Client prior to the renewal date.
You may cancel your subscription at any time from your Account page on the getupandgrow.co.za site.
If you choose to cancel your subscription you will no longer receive news and updates or have access to the getupandgrow.co.za online platform.
Legacy pricing: If you choose to cancel your subscription and your renewal price is lower than the current listed price for your membership (a “legacy” price) the lower renewal price may no longer be available to you.
If you choose to renew your subscription after it has been cancelled and your membership has expired, you will be charged the current listed price for your membership type. Older legacy pricing may not be applied to your new renewal purchase.
If you choose to cancel your subscription your membership will expire on the date that the recurring monthly subscription payment is due and you will no longer receive news and updates of have access to the getupandgrow.co.za online platform.
COMMUNITY RULES OF ENGAGEMENT
Any member who fails to adhere to the rules of engagement, will have their membership suspended with immediate effect and all comments and interactions of whatever nature will be deleted.
Membership is open world-wide. Anyone is welcome to join this group as long as you adhere to the rules.
Transparency is paramount. Members have to be a real person with an authentic profile.
Code of Conduct – common courtesy and respect is required at all times. Foul language will not be tolerated. Failure to comply will result in immediate cancellation of membership.
Privacy and confidentiality is very important, therefore members are not allowed to share any information about other members of this community. Screenshots or any other forms of capturing of any privileged content on this site is strictly prohibited.
Language – In the interest of inclusivity, transparency and mutual understanding, all engagements have to be in English. Any foreign language comments or other interactions will be deleted.
Comments and any other interactions must be honest and truthful. No false information or false accusations will be tolerated and failure to comply will result in immediate suspension of membership.
BREACH OF AGREEMENT
In the event that any party breaching any term of this agreement and failing to remedy such breach within 2 (two) days after receipt of written notice to do so, the prejudiced party shall be entitled, without prejudice to any other rights which it may have in terms of this agreement and in terms of the law and cancel the agreement forthwith.
ENTIRE AGREEMENT
This agreement constitutes the entire agreement between the parties with regard to the matters dealt with herein and no representations, terms, conditions or warranties express or implied not contained in this agreement shall be binding on the parties.
INDULGENCES
No indulgence granted by a party shall constitute a waiver of any of that party’s rights under this agreement; accordingly, that party shall not be precluded, as a consequence of having granted such indulgence, from exercising any rights against the other which may have arisen in the past or which may arise in the future
JURISDICTION
Getupandgrow.co.za shall have the right at its sole option and discretion to institute proceedings in any competent Court which might otherwise have jurisdiction.
SEVERABILITY
Should any provision of this agreement be void for vagueness or for any other reason, then that provision shall be capable of being severed from the remainder of this agreement, which shall remain of full force and effect.