Terms & Conditions

BY USING AND/OR ACCESSING OUR PLATFORMS OR SERVICES, YOU AGREE TO BE BOUND BY OUR TERMS.

1. ABOUT OUR TERMS AND CONDITIONS

These terms and conditions together with our Privacy Policy (collectively, the “Terms“) will form a written contract between you and The Stellenbosch Mom (“The Stellenbosch Mom“, “we“, “us” and “our“) and will govern our relationship and your use of our Platforms and/or Services. When we refer to “Platforms” we mean all our websites, mobile sites, mobile apps, emails, social media platforms or any other technology or mechanism you may use to interact with us. “Services” refer to any products, goods, services or functionality offered, owned or operated by The Stellenbosch Mom via our Platforms.

The general use of our Services, Platforms and any Content on our Platforms is governed by our Terms. Which you can access at any time from our website at www.thestellenboschmom.com

“Content” refers to any information, data, files, text, software, music, sound, photographs, graphics, images, video, messages, comments, hyperlinks or tags and other material appearing on our Platforms or Services and all applicable copyrights, trademarks, patents, logos or other intellectual property rights displayed on our Platforms or Services.

We may amend the Terms from time to time. Any new version of the Terms will be published on our Platforms and will become effective from the date that we first published it. It is your obligation to visit our Platforms on a regular basis in order to determine whether any amendments have been made. By continuing to use our Platforms and/or Services after we published changes to the Terms, you agree to be bound by the changed Terms.

Some of our Platforms and/or Services may contain additional rules or terms from time to time, which may be relevant to specific Services you use or subscribe to. By using those Services, you agree to be bound by such additional rules and/or terms.

2. CONTENT ON OUR PLATFORMS OR SERVICES AND INTELLECTUAL PROPERTY RIGHTS

Our Content

The Stellenbosch Mom owns or is entitled to use all of the Content made available on our Platforms or through our Services.

You may not, unless with our express consent:

reproduce, publish, perform, broadcast, make an adaptation of, sell, lease, offer, expose or otherwise transfer or use for commercial purposes any Content;
decompile or reverse engineer the Content, or reduce the Content to any format other than the format in which they were delivered;
incorporate the Content into any other content for whatever purpose;
remove any legal notices (copyright, trademark or other proprietary rights notices) in or on the Content.

Your Content

You will retain ownership of any original Content which you may upload, transmit or store when using our Platforms or Services.
The Stellenbosch Mom will own all compilations, collective works or derivative works created by us which may incorporate your Content.
You grant us an irrevocable, perpetual, worldwide and royalty-free right and license to use, publicly display, publish, publicly perform, reproduce, distribute, broadcast, adapt, modify and promote on any medium, your Content which you may upload or make available for inclusion on publicly accessible areas on our Platforms or through our Services.
Any content you transmit or post to publicly accessible areas on our Platforms or Services shall be considered non-confidential and non-proprietary. We shall have no obligations with respect to such Content.

Third Party Content

Our Platforms or Services may include, from time to time, advertisements from third parties and/or external links to other websites possessing their own content (“Third Party Content“).
You acknowledge that the Third Party Content:

is beyond the control of The Stellenbosch Mom and that any reliance on any representation, statement or information contained in Third Party Content is at your risk;
cannot be verified by The Stellenbosch Mom, and that The Stellenbosch Mom cannot be expected to determine its accuracy or reasonableness; and
may contain representations, statements or information which does not represent the views, opinions or beliefs of The Stellenbosch Mom, its associates, directors or employees.

3. COMMUNICATIONS

You agree that The Stellenbosch Mom or its affiliates may from time to time send you communications regarding new services or products launched or special offers or discounts which The Stellenbosch Mom may negotiate for and offer to its users or subscribers. All communications will abide by our Privacy Policy and applicable law. You will always be entitled to notify us in writing that you do not wish to receive or continue to receive such communications.

4. THIRD PARY GOODS, SOFTWARE AND SERVICES

We may offer services or products of third parties, or our Products or Services in conjunction with that of third parties.
We provide such services or products subject to the terms, conditions and limitations imposed by those third parties.
If those third parties change, suspend or stop providing such services or products, we may similarly change, suspend or stop providing it to you. We may nevertheless endeavour to provide such a service in another way or by using another supplier or service provider.
When you acquire services or products from a third party through any of our Platforms or Services, you understand and agree that:

we are not a party to the contract between you and the third party;
we are under no obligation to monitor the third party service used by you;
the third party will be responsible for all obligations under the contract including (without limitation) warranties or guarantees;
you will evaluate the product or service and the applicable terms and conditions before acquiring the product or service.

5. AVAILABILITY

While we endeavour to ensure that our Platforms and Services are normally available 24 hours a day, we shall not be liable if, for any reason, our Platforms or Services are unavailable at any time or for any period.
Access to our Platforms or Services may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.

6. SECURITY AND PRIVACY

We will be entitled to take whatever action we may deem necessary and reasonable to preserve the security and reliability of our Platforms and/or Services.
You may not use our Platforms or Services in any manner which may compromise the security of our network or any other network connected to our network.
The Stellenbosch Mom will deal with your personal information in accordance with the provisions of our Privacy Policy.

7. DISCLAIMER AND LIMITED LIABILITY

You use our Platforms and Services at your own risk.

While we endeavour to ensure that the information on our Platforms is correct, we do not warrant the accuracy and completeness of Content on our Platforms or that the Content and technology available from our Platforms, Products or Services are free from defects, errors or omissions.

We may make changes to the Content on our Platforms or Services at any time without notice. The Content on our Platforms or Services may be out of date, and in this regard, we make no commitment to update such Content.

To the extent allowed by law, we shall not be liable for any damage, loss or liability of whatsoever nature arising from your use or inability to use our Platforms, Products, Services or Content.

Our Platforms, Products and Services are supplied on an “as is” basis and have not been compiled or supplied to meet any user’s individual requirements. It is your sole responsibility to satisfy yourself prior to entering into this agreement with us that the Products and Services available on or through our Platforms will meet your individual requirements.

Information, ideas and opinions expressed on our Platforms should not be regarded as professional advice or our official opinion and you are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on our Platforms.

Submissions of Content (like contribution to blogs, comments on articles posted), postings of any kind to our Platforms and e-mails sent to our Platforms are not editorially controlled by us and therefore we cannot be held liable for illegal or unconstitutional content (including, but not limited to, defamatory or harmful content).

8. GENERAL TERMS

These Terms are the sole record of the agreement between you and us, with neither party being bound by any express, tacit or implied representation or warranty not recorded in these Terms.

No agreement shall be concluded or amendment to these Terms effected merely by you sending a data message to our Platforms.
The Stellenbosch Mom may transfer its rights and obligations under the Terms to a third party without your consent.

You may not transfer your rights and obligations under the Terms to a third party without the consent of The Stellenbosch Mom.
If any provision of the Terms is or becomes unenforceable for any reason, then such provision will be treated as if it had not been included in the Terms to the extent that it remains unenforceable and shall not affect the validity of the remaining provisions of the Terms.

All provisions of these Terms must be treated as being qualified, to the extent necessary, to ensure that the provisions of the CPA are complied with.

The Terms are governed by and interpreted in accordance with the laws of the Republic of South Africa without giving effect to any principles of conflict of law, with you consenting to the exclusive jurisdiction of the courts of the Republic of South Africa.