Privacy Policy | Botha Media Group

Effective Date: August 2019

This Site is owned and operated by Botha Media Group (referred to in these terms as “Botha Media Group,” “we,” “us,” and “our”). Please take the time to read the terms of use that are applicable to your use and enjoyment of this Site and the content made available to you via this Site and our social media channels (“Terms”). These Terms, together with our Privacy Policy, apply to all Site visitors, subscribers, customers, and all other users of the Site (“user,” “you,” and “your”).

CONSENT TO SITE TERMS

By accessing and using this Site, our social media channels, and any other materials made available to you or provided to you on this Site, whether made available for purchase or not, you are taken to accept our Terms.

NO MINORS

By using the Site, accessing or purchasing any products or services, you warrant that:

You are over 18 years of age and have the legal capacity to enter into a legally binding contract;
You have read and accepted these Terms; and
You will comply with these Terms.

CHANGES TO THESE TERMS

We reserve the right to change or modify these Terms at any time, consistent with applicable laws and principles, without notice to you. These changes will be effective as of the date we post the revised version on this Site. It is your responsibility to review these Terms prior to use and periodically throughout your use of our Site and services. If at any time you choose not to accept these Terms, you should not use this Site.

By remaining on this Site, your continued use of this Site is deemed acceptance of any modifications or amendments of these Terms. You may also accept these Terms where you click “Agree” or “Accept” or “Buy” or “Book” where such an option is made available to you during your use of the Site. If you’re uncertain about the Terms or anything else on our Site, please don’t hesitate to contact us before completing any purchase.

INTELLECTUAL PROPERTY

The Site, products, and services contain intellectual property owned by us and/or by third parties that license the content to us (“Third-Party Licensed Intellectual Property”), including, without limitation, trademarks, copyrights, proprietary information, designs, patents, and other intellectual property rights, as well as the business name, logo, images, all designs, text, videos, audio files, graphics, other files, and software (“Content”). Your use of the Site, the products, and/or the services and access to any content does not grant or transfer any rights, title, or interest to you in relation to this Site, the products, and/or the services or the content.

NO COMMERCIAL USE

You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce, or perform, or in any way exploit, in any format whatsoever, the Site, the products and/or services, or the Content, our Intellectual Property, and Third-Party Licensed Intellectual Property, in whole or in part, without our prior written consent. We reserve the right to immediately remove your access to our Site, products, and services, Content, without refund, if you are found to be violating these Terms.

FREE OR PAID CONTENT

Where you download or purchase our digital products (including checklists, guides, ebooks, workbooks, video or audio content) (Digital Products), you are granted a non-exclusive, non-transferable, limited licence to access and use the Digital Products for your own personal use. You may not assign or transfer the Digital Products to any other person without our express written consent. We reserve the right, in our sole discretion, to accept or refuse to provide the products and/or services to you at any time for any reason.

Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, sell, or enhance any of the Digital Products in any manner whatsoever except as authorised by us.

LINKS TO OTHER WEBSITES

Our Site and social media channels may have links to other sites operated by third parties. Unless we expressly tell you otherwise, we do not in any way endorse, control, or approve of, and nor are we responsible for, the content on those websites. It’s up to you to decide if those websites and their content work for you, and we recommend that you investigate and do your homework to find that out.

PRIVACY

These Terms also include our Privacy Policy, which sets out how we use your personal information, accessible at www.bothamediagroup.co.za/privacy-policy. By using this Site, you consent to the processing described in the Privacy Policy and warrant that all data provided by you is accurate.

CREATING AN ACCOUNT

To place orders and access some features of the Site, you may have to register an account. This means you’ll have to provide accurate information, including your name, business name, address, a valid email address, and telephone number, and you must be at least 18 years old. You warrant that any information you provide during the account setup process is accurate and correct at the time you provide the information, and that you’ll update the information should there be any changes. You’ll be solely responsible for the activity that occurs on your account (including orders placed on your account), so keep your account password secure.

We reserve the right to suspend or cancel your account at any time, at our sole discretion, if you breach any provision of the Terms or applicable law or where your conduct impacts our reputation.

DIGITAL PRODUCTS

Upon purchase of a downloadable product from this Site, you will receive an email with a link to complete the purchase of your product, including, where applicable, a direct download for your product.

Products may be available on this Site without a need to purchase or download them. You agree and accept full responsibility and risk for downloading and using these products. You agree that you will indemnify and hold harmless, Botha Media Group and all our related entities and personnel, against liability for any harm or loss caused by the downloading and use of these products.

You agree that it is your responsibility to ensure that you have the appropriate programs and hardware available to access and use the downloadable products, and that this is not a reason for which we can offer a refund.

REFUNDS FOR ONLINE DIGITAL PRODUCTS

Due to the nature of digital products, any orders received and processed by us for digital products available to be purchased online have a strict NO REFUND/RETURN/EXCHANGE POLICY. Where we send the wrong digital product, we will send you the correct digital product, and where the link provided to download is not working, we will send you the digital product directly or via a revised link at no extra cost.

PRICES AND PAYMENT

All prices are in South African Rand (ZAR). The prices indicated on the Site may change at any time without advance notice to you. If you’ve purchased our products or services, they will be charged at the price in force at the time a customer’s order is validated.

We reserve the right at any time to modify or discontinue the product or service without notice at any time. We shall not be liable to you or to a third-party for any modification, price change, suspension, or discontinuance of the product or service.

We may, from time to time, provide discounted products and/or services. You may only use one discount code with each purchase. We reserve the right to reject or cancel any orders where you add more than one discount code. We allow you to use discount codes strictly on the terms and conditions upon which they were issued, which, amongst other things, may include terms relating to your eligibility to use them and a maximum order value. Discount codes and/or vouchers cannot be used in conjunction with any other offer or promotion.

We offer visitors who want to purchase from our Site the option to pay for the products and/or services by credit card or such other method of payment as notified by us from time to time. You acknowledge and agree to make timely and full payments to us for the products and/or services purchased. Where you use a credit card, you warrant that you have the necessary rights and authority to use that credit card. You authorise us to automatically charge the credit card on file for any and all payment balances owed and agree to keep all billing information current at all times. Where you fail to make payment or payment is declined for any reason, we may revoke your access to the products.

ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES

You acknowledge and agree that you will be bound by any affirmation, acceptance, or agreement that is transmitted through this Site, including but not limited to any consent you provide to receive communications from us solely by means of electronic transmission. You further acknowledge and agree that when you click on or tick “I agree,” “I consent,” or other similarly worded click or tick options by electronic means using an electronic device such as your mobile phone, tablet, desktop, laptop, or any other computer device capable of allowing you to click or tick, your agreement and/or consent will be legally binding and enforceable and will be deemed to be as effective as if you had written your signature by hand.

INFORMATION AND ADVICE

The content on our Site may include articles and resources that are general in nature and are not intended to serve as a substitute for professional advice tailored to your individual circumstances. The information provided is not specific to your needs and should not be relied upon as such. We do not assume responsibility for assessing whether our products and/or services are suitable for you. We reserve the right to deny service and refund the cost of any product and/or service for any reason, including but not limited to situations where we believe the product and/or service may pose a risk or is inappropriate for you, or where we feel that additional professional guidance is necessary.

SEVERABILITY

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be interpreted to reflect the original intent of the parties, and the remaining provisions shall remain in full force and effect.

WAIVER

No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure of Botha Media Group to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

ASSIGNMENT

You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations under these Terms without restriction.

FORCE MAJEURE

Botha Media Group shall not be liable for any failure to perform its obligations under these Terms if such failure results from any cause beyond Botha Media Group’s reasonable control, including but not limited to, mechanical, electronic, or communications failure or degradation.

ENTIRE AGREEMENT

These Terms constitute the entire agreement between you and Botha Media Group concerning the Site and supersede any prior agreements, understandings, or representations, whether oral or written, relating to the Site.

HEADINGS

The headings used in these Terms are for convenience only and shall not affect the interpretation of these Terms.

LINKING TO THIS SITE

You may not create a link to any page of this Site without our prior written consent. If you do create a link to a page of this Site, you do so at your own risk and the exclusions and limitations set out above will apply to your use of this Site by linking to it.

SUBSCRIPTION SERVICES

Certain services may require a subscription or membership. You agree to pay all fees associated with your subscription on the due dates specified at the time of purchase. Failure to make timely payments may result in the suspension or termination of your access to the services.

LIMITED WARRANTIES

While we strive to ensure that all information contained in this Site is accurate and up-to-date, we do not guarantee or warrant the accuracy, completeness, or usefulness of any information. Any reliance you place on such information is strictly at your own risk.

CUSTOMER SUPPORT

If you have any questions regarding your order, the Site, or our services, please contact our customer support at [support@bothamediagroup.co.za]. We aim to respond to inquiries within 48 hours.