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MarkLives Terms of Service

Read carefully

Please read these terms of service (“terms”, “terms of service”) carefully before using MarkLives.com, Ramify.biz, Retailing Africa or MarkLives Weekly or any other product (the “service”) operated by MarkLives Pty Ltd (“us”, ‘we”, “our”).

Conditions of use

We will provide their services to you, which are subject to the conditions stated below in this document. Every time you visit this website, use its services or make a purchase, you accept the following conditions. This is why we urge you to read them carefully.

Privacy policy

Before you continue using our website, we advise you to read our privacy policy regarding our user data collection. It’ll help you better understand our practices.

Copyright

Content published on this website (digital downloads, images, texts, graphics, logos) is the property of MarkLives Pty Ltd and/or its content creators and protected by international copyright laws. The entire compilation of the content found on this website and our newsletters are the exclusive property of MarkLives Pty Ltd, with copyright authorship for this compilation by MarkLives Pty Ltd.

Communications

The entire communication with us is electronic. Every time you send us an email or visit our website, you’re going to be communicating with us. You hereby consent to receive communications from us. If you subscribe to the our newsletter or Ramify.biz service, you’re going to receive regular emails from us. We’ll continue to communicate with you by posting news and notices on our website and by sending you emails. You also agree that all notices, disclosures, agreements and other communications we provide to you electronically meet the legal requirements that such communications be in writing.

Applicable law

By visiting this website, you agree that the laws of the Republic of South Africa, without regard to principles of conflict laws, will govern these terms of service, or any dispute of any sort that might come between MarkLives Pty Ltd and you, or its business partners and associates.

Disputes

Any dispute related in any way to our services or to products you purchase from us shall be arbitrated by South African courts and you consent to exclusive jurisdiction and venue of such courts.

Licence and site access

We grant you a limited licence to access and make personal use of our services. You’re not allowed to modify our content.

You may view, download, and print content offered by MarkLives Pty Ltd for your own personal use, subject to the restrictions set out below (permitted sharing) and elsewhere in these terms and conditions.

Permitted sharing

A subscription is for one person only.

  1. Our paid-for Newsletters may be forwarded privately to a friend(s) or colleague(s) no more than four times per month, provided this doesn’t result in the Newsletter’s publication in any form.
  2. You may not use a group inbox to subscribe to the Newsletter, or;
  3. Share Newsletters designated as “for subscribers only” beyond the limits provided in Point 1 (Permitted Sharing). Newsletters designated as “free to access” may be shared freely. If more than one person in your company wants regular access to the our paid-for newsletter, MarkLives Pty Ltd offers volume pricing for multiple subscriptions.

User account

If you’re an owner of an account on this website, you’re solely responsible for maintaining the confidentiality of your private user details (username and password). You’re responsible for all activities that occur under your account or password.

We reserve all rights to terminate accounts, edit or remove content and cancel orders in their sole discretion.

Waiver and indemnity agreement

The provisions of this agreement are drawn to the attention of the Indemnifying Party where the Consumer Protection Act 68 of 2008 applies to the relationship between MarkLives Pty Ltd (the indemnified party) and the user, the effect of this agreement is that the indemnifying party may have limited or no recourse against the Indemnified Party in the circumstances referred to herein.

You hereby state that you’ve chosen to take part in the activity being offered by the Indemnified Party (the Activity) of your own free will.

You indemnify the Indemnified Party, its members, directors and employees against all claims, losses, demands, actions, damages and causes of action whatsoever arising directly or indirectly out of your acts connected with or arising out of the Activity, whether suffered by you or any other third party, and you hold the indemnified party harmless there from.

You do hereby release, agree to indemnify and hold the Indemnified Party, its officers, employees and agents free and harmless from any and all costs, losses, expenses, damages (direct, indirect, consequential or otherwise), claims, suits, causes of action or any other liability or responsibility whatsoever, including attorney’s fees and related costs, resulting from any injury to any person(s) or damage to property arising out of, or which may in any manner be connected with, said Activity as provided herein.

You agree that this agreement may be treated as a defence to any action or proceeding that may be brought, instituted or taken by anyone against the Indemnified Party, its officers, employees, and agents for injuries and/or damages sustained as a result of the Activity as described herein.

You’ve read this agreement and understand all of its terms, and you’ve executed this instrument voluntarily and with full knowledge of its significance.

You hereby consent to the Indemnified Party and its officers, employees, agents and third-party service providers lawfully collecting, processing, storing and transferring your personal information, as defined in the Protection of Personal Information Act 4 of 2013 (POPI) in accordance with POPI and to process such information in insofar as necessary.

The parties agree that this agreement may be signed electronically in terms of the Electronic Communications and Transactions Act 25 of 2002 (ECTA) and that in terms of ECTA, the agreement, in electronic format, is not without legal force and effect merely because it’s wholly or partly in the form of a data message.

No warranties

Use of the service is at your own risk.

 

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