Terms & Conditions
1. Website terms and conditions of use
This document sets out the terms and conditions ("Terms") of Imagined Earth Proprietary Limited
(Registration Number: 2015/026592/07) ("Service Provider") pertaining to the access and use of the
information, products, services and functions provided on www.imaginedearth.com ("Website").
Should any person that accesses the Website you ("you" or "user") disagree with any of the Terms,
you must refrain from accessing the Website and/or using our services.
If you are under the age of 18, you must obtain your parents' or legal guardians' advance
authorization, permission and consent to be bound by these Terms before purchasing any
products or services.
Service Provider reserves the right, in its sole discretion, to amend and/or replace any of, or
the whole of, the Terms. Such amendments shall supersede and replace any previous Terms and shall be
made available on the Website. Each time a user accesses the Website and/or uses the services, the
user shall be deemed to have consented, by such access and/or use, to the Terms, as amended and/or
replaced by Service Provider from time to time. If you are not satisfied with the amended Terms, you
should refrain from using the Website.
We will however give you prior notice where we have collected personal information from you and
the purpose for which we collected that information, is affected by the intended amendment.
If there is anything in these Terms that you do not understand then please contact us as soon as
possible - see clause 11 below for contact details. Please note that calls to us are charged at
national rates and may be monitored for training, security and quality assurance purposes.
2. Content of the website
Service Provider reserves the right to make improvements, to change or to discontinue,
without notice, any aspect or feature of the Website and any information or content on the Website.
Service Provider reserves the right to change and amend the products, prices and rates quoted on this
Website from time to time without notice.
Service Provider may use the services of third parties to provide information on the Website.
Service Provider has no control over this information and makes no representations or warranties of
any nature as to its accuracy, appropriateness or correctness. The user agrees that such information
is provided "as is" and that Service Provider and its online partners shall not be liable for any
losses or damages that may arise from the user's reliance on it, howsoever these may arise.
Service Provider makes no representations or warranties, whether express or implied, as to the
accuracy, completeness or reliability of any information, data and/or content on the Website,
including without limitation:
Service Provider does not warrant that the Website or information or downloads shall be
error-free or that they shall meet any particular criteria of performance or quality. Service
Provider expressly disclaims all implied warranties, including without limitation, warranties of
merchantability, fit-ness for a particular purpose, non-infringement, compatibility, security and
whilst Service Provider has taken reasonable measures to ensure the integrity of the
Website and its contents, no warranty, whether express or implied, is given that any files,
downloads or applications available via this Website are free of viruses, or any other data
or code which has the ability to corrupt, damage or affect the operation of the user's system;
Service Provider disclaims any responsibility for the verification of any claims.
Information published on this Website may be done so in the format in which Service Provider
receives it and statements from external parties are accepted as fact.
3. Linked third party websites and third party content
Service Provider may provide links to third party websites on the Website. These links are
provided to the user for convenience purposes only and Service Provider does not endorse, nor does
the inclusion of any link imply Service Provider's endorsement of, such websites, their owners,
licensees or administrators or such websites' content or security practices and operations.
While Service Provider tries to provide links only to reputable websites or online partners,
Service Provider cannot accept responsibility or liability for the information provided on other
websites. Linked websites or pages are not under, nor subject to, the control of Service Provider.
Service Provider is not responsible for and gives no warranties or makes any representations in
respect of the privacy policies or practices of linked or any third party or advertised websites
on the Website.
You agree that Service Provider shall not be held liable, directly or indirectly, in any way for
the content, the use or inability to use or access any linked website or any link(s) contained in a
linked website, nor for any loss or damage of any sort incurred as a result of any dealings with, or
as the result of the presence of such third party linked websites on the Website. Any dealings that
you may have with any linked websites, including advertisers, found on the Website, are solely
between you and the third party website.
4. Usage restrictions
The user hereby agrees that it shall not itself, nor through a third party:
copy (other than for backup, archival or disaster recovery purposes), reproduce,
translate, adapt, vary, modify, lease, license, sub-license, encumber or in any other way
deal with any part of the Website for any reason and in any manner, unless it is consistent
with the intent and purpose of these Terms;
decompile, disassemble or reverse engineer any portion of the Website;
write and/or develop any derivative of the Website or any other software program
based on the Website;
modify or enhance the Website. In the event of a user effecting any modifications or
enhancements to the Website in breach of this clause, such modifications and enhancements
shall be the property of Service Provider;
without Service Provider's prior written consent, provide, disclose, divulge or make available
to or permit the use of or give access to the Website by persons other than the user;
remove any identification, trademark, copyright or other notices from the Website;
post or transmit, by means of reviews, comments, suggestions, ideas, questions or
other information through the Website, any content which is unlawful, harmful, threatening,
abusive, harassing, defamatory, vulgar, obscene, sexually-explicit, profane or hateful, or
racially, ethnically or otherwise objectionable content of any kind; and/or
notwithstanding anything contained to the contrary in these Terms, use the Website for any
purpose other than personal, non-commercial and information purposes.
In order to ensure the security and reliable operation of the services to all Service Provider's
users, Service Provider hereby reserves the right to take whatever action it may deem necessary to
preserve the security, integrity and reliability of its network and back-office applications.
You may not utilize the Website in any manner which may compromise the security of Service Provider's
networks or tamper with the Website in any manner whatsoever, which shall include without limitation,
gaining or attempting to gain unauthorized access to the Website, or delivering or attempting to
deliver any unauthorized, damaging or malicious code to the Website, all of which is expressly
prohibited. Any person or entity which does so, or attempts to do so, shall be held criminally
liable. Further, should Service Provider suffer any damage or loss, civil damages shall be claimed
by Service Provider against the user.
Any user who commits any of the offences detailed in Chapter 13 of the Electronic Communications
and Transactions Act 25 of 2002 ("ECTA") (specifically sections 85 to 88 (inclusive)) shall,
notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages
suffered and/or incurred by Service Provider and its affiliates, agents and/or partners.
6. Intellectual property rights
For the purpose of this clause, the following words shall have the following meanings ascribed to them:
"Intellectual property rights" means all and any of the rights in and to intellectual
property of any nature whatsoever owned and/or controlled directly or under license by
Service Provider, now or in the future, including without limitation, Service Provider's
rights, title and interest in and to all technology, source code/s, trade secrets, logos,
systems, methods, trademarks, trade names, styles, insignia, designs, patents and copyright,
and all similar proprietary rights which may subsist in any part of the world, whether
registered or not.
All copyright and other intellectual property rights in all content, trademarks, software, data,
material, including logos, databases, text, graphics, icons, hyperlinks, confidential information,
designs, agreements, and multimedia works, published on or via the Website ("proprietary material"),
are the property of, or are licensed to, Service Provider and as such are protected from infringement
by local and international legislation and treaties.
By submitting reviews, comments and/or any other content (other than your personal information)
to Service Provider for posting on the Website, you automatically grant Service Provider and its
affiliates a non-exclusive, royalty-free, perpetual, irrevocable right and license to use,
reproduce, publish, translate, sub-license, copy and distribute such content in whole or in part
worldwide, and to incorporate it in other works in any form, media, or technology now known or
hereinafter developed, for the full term of any copyright that may exist in such content.
Subject to this license, you retain any and all rights that may exist in such content.
All rights not expressly granted are reserved and no right, title or interest in any
proprietary material or information contained in this Website is granted to you.
Except with Service Provider's express written permission, no proprietary material from this
Website may be copied or retransmitted.
Irrespective of the existence of copyright, the user acknowledges that Service Provider is the
proprietor of all material on the Website (except where a third party is indicated as the proprietor),
whether it constitutes confidential information or not, and that the user has no right, title or
interest in any such material.
Service Provider authorizes you only to view, copy, temporarily download to a local drive and to
print the content of this Website, or any part thereof, provided that such content is used for
personal purposes and for information purposes only, and such content is used for non-commercial
7. Risk, limitation of liability and indemnity
The user's use of this website and the information contained on the website is entirely at the
user's own risk and the user assumes full responsibility and risk of loss resulting from the
The transmission of information via the internet, including without limitation e-mail, is
susceptible to monitoring and interception. The user bears all risk of transmitting information
in this manner. Under no circumstances shall service provider be liable for any loss, harm, or
damage suffered by the user as a result thereof. Service provider reserves the right to request
independent verification of any information transmitted via e-mail and the user consents to such
verification should service provider deem it necessary.
To the extent permissible by law:
Neither service provider, its affiliates, shareholders, agents, consultants or employees
shall be liable for any damages whatsoever, including without limitation any direct,
indirect, special, incidental, consequential or punitive damages, howsoever arising
(whether in an action arising out of contract, statute, delict or otherwise) related to the
use of, or the inability to access or use the content of the website or any functionality
thereof, or the information contained on the website, or of any linked website, even if
service provider knows or should reasonably have known or is expressly advised thereof.
ii. The liability of service provider for faulty execution of the website as well as all
damages suffered by the user, whether direct or indirect, as a result of the malfunctioning
of the website shall be limited to service provider rectifying the malfunction, within a
reasonable time and free of charge, provided that service provider is notified immediately
of the damage or faulty execution of the website. This liability shall fall away and be
expressly excluded if the user attempts to correct or allows third parties to correct or
attempt to correct the website without the prior written approval of service provider.
However in no event shall service provider be liable to the user for loss of profits or
for special, incidental, consequential or punitive losses or damages arising out of or in
connection with the website or its use or the delivery, installation, servicing, performance
or use of it in combination with other computer software.
You hereby unconditionally and irrevocably indemnify service provider and agree to hold
service provider free from all loss, damages, claims and/or costs, of whatsoever nature
suffered or incurred by service provider or instituted against service provider as a
direct or indirect result of:
your use of the website;
software, programs and support services supplied by, obtained by or modified
by you or any third party without the consent or knowledge of service provider;
your failure to comply with any of the terms or any other requirements which
service provider may impose from time to time;
the actions or requirements of any telecommunications authority or a supplier of
telecommunications services or software; or
any unavailability of, or interruption in, the service which is beyond the
control of service provider.
Service provider makes no warranty or representation as to the availability, accuracy or
completeness of the content of the website. You expressly waive and renounce all your
rights of whatever nature that you may have against service provider for any LOSS suffered
by you, as a result of information supplied by service provider being incorrect, incomplete
these Terms. Service Provider takes your privacy seriously and is committed to protecting your
personal information. We use the personal information that we collect from you in accordance with
Personal information when used in this Policy means information that can identify you as an
individual or is capable of identifying you. By personal information we don't mean general,
statistical, aggregated or anonymized information.
Your use of our services signifies your consent to us collecting and using your personal
information as specified below.
By subscribing as a user, you agree that you shall hold in the strictest confidence and not
disclose to any third party information acquired in connection with any aspect of the products
and/or services offered by Service Provider. You shall notify Service Provider should you discover
any loss or unauthorized disclosure of the information.
Any information or material sent to Service Provider will be deemed not to be confidential,
unless otherwise agreed in writing by the user and Service Provider.
10. Breach or cancellation by service provider
Service Provider is entitled without notice, in addition to any other remedy available to
it at law or under these Terms, including obtaining an interdict, to cancel these Terms, limit or
deny such user use of the Website and services, or to claim specific performance of any obligation
whether or not the due date for performance has arrived, in either event without prejudice to Service
Provider's right to claim damages, should any user:
breach any of these Terms;
in the sole discretion of Service Provider, use the Website in an unauthorized manner; or
infringe any statute, regulation, ordinance or law.
Breach of these Terms entitles Service Provider to take legal action without prior notice to the
user and the user agrees to reimburse the costs associated with such legal action to Service
Provider on an attorney and own client scale.
11. Compliance with section 43(1) of ECT Act
In compliance with section 43(1) of the ECT Act, the following is noted:
| Full name:
||Imagined Earth Proprietary Limited
| Registration number:
||076 736 8687...
12. Compliance with laws
You shall comply with all applicable laws, statues, ordinances and regulations pertaining to your use
of and access to this Website.
Except as explicitly stated otherwise, any notices shall be given by email to email@example.com
(in the case of Service Provider) or to the e-mail address you have provided to Service Provider
(in your case), or such other address that has been specified. Notice shall be deemed given 48
(forty eight) hours after an email is sent, unless the sending party is notified that the email
address is invalid. Alternatively, Service Provider may give you notice by registered mail, postage
prepaid and return receipt requested, to the address which you have provided to Service Provider.
In such case, notice shall be deemed given 7 (seven) days after the date of mailing. You acknowledge
that all agreements, notices or other communication required to be given in terms of the law or these
Terms may be given via electronic means and that such communications shall be "in writing".
Notwithstanding anything to the contrary, a written notice or communication actually received by a
party shall be an adequate written notice or communication to it, notwithstanding that it was not sent
to or delivered at its chosen address(es) for that purpose.
14. General clauses
These Terms shall be governed in all respects by the laws of the Republic of South Africa as
such laws are applied to agreements entered into and to be performed within South Africa.
This Website is controlled, operated and administered by Service Provider from its offices
within the Republic of South Africa. Service Provider makes no representation that the content
of the Website is appropriate or available for use outside of South Africa. Access to the Website
from territories or countries where the content of the Website is illegal is prohibited. Users may
not use this Website in violation of South African export 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.
Service Provider does not guarantee continuous, uninterrupted or secure access to our services,
as operation of our Website may be interfered with as a result of a number of factors which are
outside of our control.
If any provision of these Terms is held to be illegal, invalid or unenforceable for any reason,
such provision shall be struck out from these Terms and the remaining provisions shall be enforced
to the full extent of the law.
Service Provider's failure to act with respect to a breach by you or others does not constitute
a waiver of our right to act with respect to subsequent or similar breaches.
You shall not be entitled to cede your rights or assign your rights or delegate your obligations
in terms of these Terms to any third party without the prior written consent of Service Provider.
No party shall be bound by any express or implied term, representation, warranty, promise or the
like not recorded herein, whether it induced the contract and/or whether it was negligent or not.
The head notes to the paragraphs to these Terms are inserted for reference purposes only and
shall not affect the interpretation of any of the provisions to which they relate.
Words importing the singular shall include the plural and vice versa, and words importing
the masculine gender shall include females and words importing persons shall include partnerships
and corporate and unincorporated entities.
These Terms set forth the entire understanding and agreement between Service Provider and you
with respect to the subject matter hereof.