Rebel Earth Urban Permaculture (Pty) Ltd
Terms of Service
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.
Last Updated: December 12, 2016
TERMS OF SERVICE
If you are using this website, you are contracting with Rebel Earth Urban Permaculture (Pty) Ltd, (hereinafter referred to as “Rebel Earth,” “we”, “us”, or “our”).
By using this website (the “Site”), you agree to comply with and be legally bound by the terms and conditions set out on this web page (“Terms”), whether or not you buy products or services from Rebel Earth. These Terms govern your access to and use of the website, and constitute a binding legal agreement between you and Rebel Earth. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the website. Failure to use this website in accordance with these Terms may subject you to civil and criminal penalties.
If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
Rebel Earth reserves the right, at its sole discretion, to modify this website or to modify these Terms at any time and without prior notice. If we modify these Terms, we will post the modification on this website or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Site after we have posted a modification on this website or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site.
You understand and agree that you are solely responsible for compliance with any and all laws, rules, and regulations that may apply to your use of this website. In connection with your use of this website, you may not and you agree that you will not:
use our Site to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
use our Site in connection with the distribution of unsolicited commercial email (“spam”) or advertisements;
“stalk” or harass any other user of our Site, or collect or store any personally identifiable information about any other user other than for purposes of transacting with Rebel Earth;
use this website to solicit others to join third-party services or use websites that are competitive to Rebel Earth, without our prior written approval;
impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
use automated scripts to collect information from or otherwise interact with the Site;
submit any false or misleading information;
post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
systematically retrieve data or other content from our Site to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
use, display, mirror or frame the Site, or any individual element within the Site, Rebel Earth’s name, any Rebel Earth trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Site, without our express written consent;
access, tamper with, or use non-public areas of the Site, Rebel Earth’s computer systems, or the technical delivery systems of Rebel Earth’s providers;
attempt to probe, scan, or test the vulnerability of any Rebel Earth system or network or breach any security or authentication measures;
avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect the Site;
forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site to send altered, deceptive or false source-identifying information;
attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site; or
advocate, encourage, or assist any third party in doing any of the foregoing.
We may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against us or to comply with legal process (for example, subpoenas or warrants), (ii) enforce or administer our agreements with you or with third parties, such as these Terms of Service (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iv) protect the rights, property or safety of Rebel Earth, its customers, or members of the public . You acknowledge that Rebel Earth has no obligation to monitor your access to or use of the Site, but has the right to do so for the purpose of operating and improving the Site and its products and services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms. Rebel Earth reserves the right, at any time and without prior notice, to remove or disable access to any material that Rebel Earth, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, or to the company’s products and services.
The Site is protected by copyright, trademark, and other laws. You acknowledge and agree that the Site, including all associated intellectual property rights, is the exclusive property of Rebel Earth and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site.
Subject to your compliance with the terms and conditions of these Terms, Rebel Earth grants you a limited, non-exclusive, non-transferable license, to access and view the Site solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Rebel Earth or its licensors, except for the licenses and rights expressly granted in these Terms.
The Site may contain links to third-party websites or resources. You acknowledge and agree that Rebel Earth is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Rebel Earth of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of Rebel Earth used herein are trademarks or registered trademarks of Rebel Earth. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, and our products and services (“Feedback”). You may submit Feedback by emailing us at firstname.lastname@example.org or by use of the “Contact” information provided in this website. You acknowledge and agree that all Feedback will be the sole and exclusive property of Rebel Earth and you hereby irrevocably assign to Rebel Earth and agree to irrevocably assign to Rebel Earth all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At Rebel Earth ‘s request and expense, you will execute documents and take such further acts as Rebel Earth may reasonably request to assist Rebel Earth to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
IF YOU CHOOSE TO USE THE SITE, YOU DO SO AT YOUR SOLE RISK. THE SITE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, REBEL EARTH EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. REBEL EARTH MAKES NO WARRANTY THAT THE SITE, OR THE COMPANY’S PRODUCTS AND SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM REBEL EARTH OR THROUGH THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE REMAINS WITH YOU. NEITHER REBEL EARTH NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, OR THE COMPANY’S PRODUCTS OR SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT REBEL EARTH HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL REBEL EARTH’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE, OR YOUR USE OR PURCHASE OF THE COMPANY’S PRODUCTS AND SERVICES, EXCEED THE PRICE PAID BY YOU TO REBEL EARTH IN THE TWELVE MONTHS PRECEDING THE DATE OF THE EARLIEST EVENT GIVING RISE TO THE CLAIMS. THE LIMITATIONS OF DAMAGES SET FORTH IN THESE TERMS OF SERVICE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN REBEL EARTH AND YOU.
You agree to release, defend, indemnify, and hold Rebel Earth and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of this website or your violation of these Terms; (b) the use or misuse of Rebel Earth products and services by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of your use of Rebel Earth products and services.
These Terms constitute the entire and exclusive understanding and agreement between RebelEarth and you regarding this website. These Terms supersede and replace any and all prior oral or written understandings or agreements between Rebel Earth and you. We may require users of Rebel Earth products and services to make an additional Agreement with us as a condition of using our products and services. That additional Agreement will incorporate these terms by reference. In the event of conflict between a provision of that additional Agreement and these Terms, the additional Agreement shall take precedence.
You may not assign or transfer these Terms, by operation of law or otherwise, without Rebel Earth’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Rebel Earth may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Rebel Earth (i) via email (in each case to the address that you provide) or (ii) by posting to this website. For notices made by e-mail, the date of receipt will be deemed to be the date on which such notice is transmitted.
The failure of Rebel Earth to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Rebel Earth. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
This agreement is governed by the laws of the Republic of South Africa. You consent to the jurisdiction of the South African courts for any dispute that may arise out of this agreement.