Terms and Conditions of Use Agreement
Definitions:
"The User" shall mean the individuals or entities POSTING the Gripe/s and/or Compliments on the Website ,as well as those entities RESPONDING to Gripes or Compliments on the Website
"The Provider" shall mean Gripe-IT
Website Terms and Conditions of Use: These Terms and Conditions ("the Terms and Conditions") govern your ("The User") use of the Gripe It ("Provider") Website located at the domain name www.Gripe-IT.com ("the Website"). By accessing and using the Website, the User agrees to be bound by the Terms and Conditions set out in this legal notice. If the User does not wish to be bound by these Terms and Conditions, the User may not access, display, use, download, and/or otherwise copy or distribute Content obtained at the Website.
Updating of these Terms and Conditions: Provider reserves the right to change, modify, add to or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to this Website. It is the User"s obligation to periodically check these Terms and Conditions at the Website for changes or updates. The User"s continued use of this Website following the posting of changes or updates will be considered notice of the User\"s acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.
Copyright and Intellectual Property Rights: Provider provides certain information at the Website. Content currently or anticipated to be displayed at this Website is provided by the Provider, its affiliates and/or subsidiary, or any other third party owners of such content, and includes but is not limited to Literary Works, Musical Works, Artistic Works, Sound Recordings, Cinematography Films, Sound and Television Broadcasts, Program-Carrying Signals, Published Editions and Computer Programs ("the Content"). All such proprietary works, and the compilation of the proprietary works, are copyright of the Provider, its affiliates or subsidiary, or any other third party owner of such rights ("the Owners"), and is protected by South African and international copyright laws. The Providers reserve the right to make any changes to the Website, the Content, or to products and/or services offered through the Website at any times and without notice. All rights in and to the Content is reserved and retained by the Owners. Except as specified in these Terms and Conditions, the User is not granted a license or any other right including without limitation under Copyright, Trademark, Patent or other Intellectual Property Rights in or to the Content.
Limited License granted by Provider to User
Provider grants to the User, subject to the further Terms of these Terms and Conditions, a non-exclusive, non-transferable, limited and revocable right to access, display, use, and/or download the current and future Content for personal, non-commercial and information purposes only.
- This Website and the Content may not be reproduced, duplicated, copied, resold, visited or otherwise exploited for any commercial purpose without the express prior written consent of Provider.
- The User is permitted to collect product or service listings, descriptions or other information displayed here, but is not permitted to allow any derivative use of this Website or the Content for the benefit of another merchant.
- The User may not frame nor use framing technologies to enclose the Provider Website or the Content nor any part thereof without the express written consent of Provider.
- Provider and the Owners do not offer products or services to minors. If you are under the age of 18, you may not respond to or otherwise accept or act upon any offers in the Website.
- Provider and the Owners, their affiliates or subsidiary reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at their sole discretion.
- Any unauthorised use terminates the User"s right to Use this Website.
Limitation of Liability: The Website and all content on the Website, including any current or future offer of products or services, are provided on an "as is" basis, and may include inaccuracies or typographical errors. The Owners make no warranty or representation as to the availability, accuracy or completeness of the Content. Neither Provider nor any holding company, affiliate or subsidiary of Provider, shall be held responsible for any direct or indirect, special, consequential or other damage of any kind whatsoever suffered or incurred, related to the use of, or the inability to access or use the Content or the Website or any functionality thereof, or of any linked Website, even if Provider is expressly advises thereof. The Provider disclaims any liability towards any third party regarding the User"s Comments and the User shall remain accountable towards any third party regarding the contents of its comments
The Provider will be indemnified by the User against any claim that may be brought against it, its associates and/or subsidiaries arising from, as a result of or in connection with the User"s Comments, conduct in connection with the use of this Website or the services provided by the Provider or the User"s breach of these Terms and Conditions of Use.
The Gripes entered onto the Website are done so in good faith. The Provider is not an investigative body and shall not be responsible for the investigation of the allegations made.
Google Adwords:. The Google Adword campaign offered to the User is subject to the Terms of Service prescribed by Google read together with the Providers Terms and Conditions of use . Google has the discretion to withdraw your Adword should it deem it to be offensive, derogatory or contain any such information which it deems inappropriate. The provider has the sole discretion to word and manage the campaign. The Provider cannot be held responsible or liable in any way whatsoever should Google elect to withdraw your Adword.
Each Gripe posted by the User will have its own individual Google Adword campaign, should the User select the Google Adword option on sign-up or anytime thereafter. The Google Adword campaign will be loaded within 48 hours of sign-up with the Provider. By the User selecting this option he/she/it acknowledges that the Provider will have the sole right to access and manage the campaign. The User will not be permitted access to the "back office" workings of the campaign under any circumstances. The Provider does not guarantee any results or effectiveness implied or otherwise from the use of the campaign, but will endeavour to make the campaign as effective as possible.
A portion of the subscription fee for the Google Adword campaign will be directed towards the maintenance and administration of the User"s campaign. The User shall be entitled to approximately 14 days "(the period") worth of advertising in sponsored links by using the campaign. Once the period has been reached, the User"s Google Adword campaign assigned for that particular Gripe will be suspended pending renewal of the subscription fee, such renewal will be for the User"s responsibility. Should the User elect not to renew the subscription for that particular Gripe, the Adword campaign for the Gripe referred to will automatically be terminated by the Provider.
Virtual Card Services ("VCS")
The Provider uses the services of VCS as its e-commerce shop. The Provider cannot guarantee any further warranties, guarantees, disclaimers, privacy issues or the like than those offered by VCS. The Provider subscribes to the Terms and Conditions of use of the VCS E-Commerce service.
Accuracy of Information
The Provider makes all reasonable efforts to provide accurate information on this find, however you should not assume that the information provided is always current or entirely accurate or that this Website contains all the relevant information available.
Postings of Gripes and Compliments
This Website is made available to the User by the Provider as a platform for the voicing of dissatisfaction and objection as well as for recognition and the placing of Compliments. In offering this service, the Provider strives to assist the User in achieving a balanced approach to problem solving. The User"s input will promote recognition of excellence in consumer relations and at the same time support the resolution of conflict. The Provider therefore values the comments and feedback published, disclosed, submitted or offered by the User on, by or in connection with the use of the Website. The Provider will not however be obliged to respond to, maintain or compensate you in any way whatsoever for Comments posted on the Website. The Provider shall not be limited in any way in its use in any manner whatsoever of any of the Comments.
The User warrants that the Gripes and/or Compliments published, disclosed, submitted or offered by it to the Website do not and will not violate any right of any third party, including copyright, trademark, privacy or any other personal or proprietary right, or impersonate or misrepresent its association with any person or entity. The User agrees not to disclose, submit or offer any Comments that are or contain any material that is untruthful, forged, defamatory, abusive, obscene, threatening, offensive or pornographic or which may be illegal or unlawful or give rise to criminal or civil liability under any applicable law.
Trademarks
"Gripe-IT" and all other marks, logos and trade names appearing on this Website are trade marks of the Provider. Nothing contained on this Website should be construed as granting, by implication or otherwise, any license or right to use any of the trademarks displayed on this Website without the express prior written consent of the Provider
The User"s use of any of the trademarks displayed on the Website or in any of its content is strictly prohibited. You may not copy, reproduce, publish, upload, post, transmit, distribute or modify any of the trademarks appearing on this Website. You undertake not to infringe any right of Gripe-IT in respect of such trademarks. The use of the trademarks on any other Website or networked computer environment is prohibited. All rights not expressly granted are reserved.
Choice of Law: This Website is controlled, operated and administered by Provider from its offices as set out below within the Republic of South Africa. The Providers make no representation that the Content is appropriate or available for use in the locations or countries. Access to the Website from territories or countries where the Content is illegal, is prohibited. The User may not use this Website in violation of South African laws and regulations. If the User accesses this Website from locations outside of South Africa, that User is responsible for compliance with all local laws. These Terms and Conditions shall be governed by the laws of the Republic of South Africa, and the User consents to the jurisdiction of any High Court or Magistrate"s Court having jurisdiction in the event of any dispute. If any of the provisions of these Terms and Conditions are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect. These Terms and Conditions constitute the entire agreement between the Provider and the User with regard to the use of the Content and this Website.
Disclaimer
The information contained in this website is for general information purposes only. The information is provided by Gripe-IT and whilst we Endeavour to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arise out of, or in connection with, the use of this website.
Through this website you are able to link to other websites which are not under the control of Gripe-IT. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
Every effort is made to keep the website up and running smoothly. However, Gripe-IT takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical or other issues howsoever arising, beyond our control.
Any allegations made by Users are not those of Gripe-IT. We are a mouthpiece for the User and the views expressed are those of the User. We are not accusing any service provider of any wrongdoing, misconduct or the like. Gripe-IT has no hidden agenda and/or ulterior motives. Gripe-IT is a forum relaying consumer information. The User is therefore urged to respond timeously in order to communicate there point of view.
Privacy
Access to and use of information: Provider receives various types of information ("the Information") from Users who access the Website. Provider makes every effort to protect any Information received by it. Despite such undertaking, it is possible for Internet-based communications to be intercepted. Without the use of encryption, the Internet is not a secure medium and privacy cannot be ensured. Internet email is vulnerable to interception and forging. The Owners will not be responsible for any damages you or any third party may suffer as a result of the transmission of confidential information that you make to the Owners through the Internet, or that you expressly or implicitly authorise the Owners to make, or for any errors or any changes made to any transmitted information. To ensure acquaintance with and awareness of the privacy measures and policies of Provider, the User is urged to take care to read and understand the underlying privacy clauses incorporated in these Terms and Conditions:
Casual surfing: The User may visit the Website without providing any personal information. The Website servers will in such instances collect the IP address of the User computer, but not the email address or any other distinguishing information. This information is aggregated to measure the number of visits, average time spent at the Website, pages viewed, etc. Provider uses this information to determine use of the Website, and to improve Content thereon. Provider assumes no obligation to protect this information, and may copy, distribute or otherwise use such information without limitation.
Unsolicited information: If the User posts unsolicited content or other information ("the Information") to the Website, and unless otherwise indicated, then the User grants to the Owners a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Information throughout the world in any media. The User grants to the Owners the right to use the name that the User submits in connection with such Information, if they choose. The User warrants that the User owns or otherwise controls all of the rights to the Information that the User posts; that the Information is accurate; that by the supply of the Information to Provider, the User does not violate this Policy and does not infringe the rights of any person or entity; and that the User indemnifies the Owners for all claims resulting from the receipt by Provider of the Information the User supplies to it. Provider reserves the right but not the obligation to monitor and edit or remove any Information, where posted to public pages. Provider takes no responsibility, and assumes no liability for any Information posted by the User or any third party.
Solicited information the User gives to Provider: Provider requires certain personal information to process transactions if the User requires any of Provider"s products or services. Provider receives and stores all Information the User enters on the Website or gives to Provider, in any other way. The User may choose not to provide certain Information, but that may limit the services or products that the User may wish to obtain from this Provider. Provider provides its products and services in conjunction with its affiliates and subsidiaries. In this regard and unless specifically restricted by the User from the license below, the User grants to the Owners a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Information throughout the world in any media. The User information that is required by affiliates and subsidiaries to give effect to transactions that the User chooses to enter into is shared with those entities.
Promotional information: Provider aspires to provide first-class service to its customers, which necessitates Provider providing information to the User regarding new services or special offers. In each instance, the User is provided an opportunity to opt-out of such information circulars. For more information send an email to
Business transfers: Provider may enter into business arrangements whereby its customer base is one of the more valued assets. In such an event, customer Information will be one of the transferable assets.
Lawful purposes: When the Provider is served with due legal process requiring the delivery of personal customer Information, it has the legal duty to abide by that demand, and will do so.
Surveys: Provider understands that efficiency and customer care translate to good service. Provider may periodically conduct online customer care surveys to facilitate the updating of service standards. When it conducts a survey, Provider will inform the User how the information gathered will be used, and will provide the User with the opportunity to opt-out from such surveys.