TERMS AND CONDITIONS DIE NAGUILKLUB’S SUBSCRIPTION SERVICE

CONTACT DETAILS
Die Naguilklub can be contacted for any enquiries at info@dienaguilklub.com. info@dienaguilklub.com.

1 Introduction and Acceptance

1.1 Die Naguilklub, trading brand of Die Boekklub (Proprietary) Limited (registration number: 2018/100784/07) ("we", " Die Naguilklub") supplies the information contained on and via this website, and advertise and sell this service to you subject to the Terms and Conditions set out in this document and which will be referred to as “the Terms”, unless otherwise stated. For the purposes of these Terms, “Service” means access via the Service Channels to all online information, email correspondence, cell phone correspondence, electronic newspapers and all content therein, including advertisements, photographs, visual and sound material and articles (“the Publications”)

1.2 The Terms specify how the Service Channels and the Service can be utilised, gained access to, be referred to or to be viewed (jointly “use/utilised/make use of”).

1.3 At any stage these Terms can be altered and the altered Terms will be made available via the Service Channels. Any reference herein to the Terms includes the alterations to it from time to time.

1.4 Each time you use the Service, you confirm that you subscribe to the Terms. It is your responsibility to regularly check these Terms for changes or updates. Your continued use of the Service after such changes or updates of these Terms is considered sufficient notification of your acceptance to comply with the altered Terms.

2. We will keep your personal information private

All personal information that we receive when you make use of the Service, will be protected and will only be used with your confirmed consent and we undertake not to share your information with any third party.

3 You must register to use the Service

3.1 We advertise the Service as an invitation to you to register to make use of the Service. To start the registration process, fill in your name, surname, email address, contact number as well as a password (Registration Information) on the appropriate page of the Service Channel.

3.2 We will verify the validity of your email address by sending you an automated email message with a verifying link. When you click on this verifying link, you will be directed to a page which confirms that your email address has been verified. As soon as this happens, the agreement for you to make use of the Services starts.

3.3 When you register to use the Service, your relevant contact details will automatically be added to our email correspondence lists for our editorial newsletters. You can at any time remove your details from these lists in order not to get any further correspondence via our email correspondence via links or any such steps which are indicated in our correspondence.

4 Money and payments

4.1 Subscription fees will automatically be paid from your bank account on either a monthly or an annual basis, depending on which period you opt in for.

4.2 With regards to a monthly period of your use of the Service, should we not receive your monthly Subscription Fee by the day on which it is payable, we can cancel access to use of the Service.

4.3. With regards to an annual period of your use of the Service, should we not receive your annual Subscription Fee by the day on which it is payable, we can cancel access to use of the Service.

4.4 We can adjust the Subscription Fee, but we will always inform you of such adjustments before we implement it. Should you not accept the adjusted Subscription Fee, you can terminate your subscription to the Service by informing us in writing. Your subscription to the Service will come to an end at the end of the last month for which you have paid the Subscription Fee, or by the end of the year that you have subscribed for with no refund payable to you.

4.5 Payments are made by debit or credit card via Payfast. All other payment methods will be communicated to you as soon as it becomes available.

5 Use your login details to get access to the Service

5.1 Each time you want to access the Service, log on with the email address and password (“Login Details”) which you supplied as part of your Registration Information.

5.2 Keep your Login Details in a safe place to prevent unauthorised access to the Service. If you suspect that unauthorised access was obtained or could be obtained by use of your Login Details, you should change your login details.

6 Content that you supply

6.1 All information sent by you, must be true, accurate, relevant to our times and complete. You may not supply a misrepresentation of your identity. All this information must be up to date and accurate.

6.2 You also guarantee that you are authorised to supply such information to us.

7 Communication from you

We can accept that all electronic communication that reasonably seems to be coming from you or from a person whom you let us know is authorised to act on your behalf, is indeed coming from you.

8 Protection of the integrity of the Service Channels

8.1 You may not:

8.1.1 use any robot, snooping programme, scraper, deep link or any similar automated data collection or data withdrawal device, program, algorithm or methodology or other artificial intelligence mechanism or device to obtain access to the Service Channels or any of the Publications without our written consent, or to obtain, copy or monitor these, or to make it available to any third party;

8.1.2 use or try to use any engine, software, utility programme, agent or other device or mechanism (including, without limitation, browsers, snooping programmes, robots, avatars or intelligent agents or other artificial intelligence mechanism or device) to navigate or search the Service Channels other than the search engines and search agents that are generally available through the Service Channels and generally available third-party web browsers;

8.1.3 post or send any file on the Service Channels which contains viruses, worms, a Trojan horse or any other contaminating or destructive features, or that otherwise interfere with the proper working of the Service Channel;

8.1.4 attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Service Channels;

8.1.5 redistribute or otherwise use any of the Publications for your own business purposes unless you are explicitly licensed by us to do so in writing;

8.1.6 use the Service Channels and/or Publications in a manner that will slander us, our business and/or any of our affiliates or bring us, our business and/or any of our affiliates into disrepute;

8.1.7 access the Service Channels for unlawful purposes or use the Service Channels in a manner which infringes our rights or the rights of any other person or restricts or inhibits the access, use or enjoyment of our computer systems by any other person;

8.1.8 post or send any material to the Service Channels that is unlawful or violates any third party’s rights or which is obscene, misleading, inaccurate, defamatory, illegal, in breach of any copyright or other intellectual property right, or damaging to data, software or the performance of our or any other parties’ computer system.

8.2 Ons kan op enige tydstip sonder kennisgewing enige materiaal wat jy via die Dienskanale gestuur het, skrap asook  jou gebruik van enige deel van die Diens opskort, indien jy jouself skuldig maak aan enige van die aksies voorsien in klousule 8.1 hierbo.

9 Printed Publications

9.1 When a Publication or part of a Publication is printed, the following notification must appear on every printed page: “Copyright Die Naguilklub, trading brand of Die Boekklub (Proprietary) Limited. All rights reserved.”

9.2 You are only allowed to use, download or copy Publications or any part of a Publication on the Service Channels for non-commercial purposes, but only if you -

9.2.1 retain in it all notifications of copyright, brand and other intellectual property thereof;

9.2.2 acknowledge us as the source of such content;

9.2.3 acknowledge writers, photographers and other people as they are acknowledged on the Service Channel;

9.2.4 mention the date on which such content was retrieved from the Service Channel; and

9.2.5. obtain our written and express consent to do so.

10 Termination of your subscription to the Service by you or ourselves

10.1 You can terminate your subscription to the Service at any time by logging into your profile and terminating your subscription. No refunds will be given.

10.2 We can terminate your subscription to the Service -

10.2.1 by notifying you at any stage; or

10.2.2 if you violate these Terms.

10.3 With termination in terms of paragraph 10.2.2 above -

10.3.1 all your rights in terms of these Terms are terminated immediately;

10.3.2 you are to pay all money and costs that you have incurred up to the termination date;

10.3.3 we will close your account and deactivate your Login Details;

10.3.4 we will remove from our records all your information in our possession other than the information and data that we are by law compelled to keep.

10.3    By beëindiging ingevolge klousule 10.1 of 10.2.2 hierbo –

10.3.1 all your rights in terms of these Terms will end on expiry of the period for which you have already paid for the Service;

10.3.3 we will close your account and deactivate your Login Details;

10.3.4 we will remove from our records all your information in our possession other than the information and data that we are by law compelled to keep.

11 Terms for e-publications

“Visitor” means any person who enters any of the Service Channels or uses the Service.

“Provider” means Die Boekklub (Proprietary) Limited.

11.2 Publikasieskedules en die vervangingslys

Publikasies word volgens wisselende skedules gepubliseer. Dit kan weekliks, tweeweekliks, maandeliks, kwartaalliks, en so meer gepubliseer word. Soms word die publikasie van sekere publikasies met ’n paar weke of maande oorgeslaan.

11.3 Changes to service offering

The Supplier has the right to alter or terminate any aspect or part of the Service Channels, including but not limited to content, times of availability and devices needed for access or use.

11.4 Permission to receive electronic communication

By use of the Service or email communication with Die Naguilklub, the Visitor gives permission to and acknowledge that any and all agreements, notifications, disclosure or any other communication comply to all legal requirement(s), including but not limited to the requirement that such delivered communication must be in writing.

11.5 Accountability

The Service Channels and all content on the Service Channels, including but not limited to any current or future offerings of products and services, is supplied “voetstoots” and can include inaccuracies or typographical errors. The Supplier provides no warranty or representation with regards to the availability, accuracy or completeness of the content. Neither Die Naguilklub nor any holding company, affiliated company or affiliate will be accountable for any direct or indirect special, consequential or any other imaginable harm suffered or incurred with regards to the use of, or the inability to gain access to the content of the Service Channels or any functionality thereof, even if Die Naguilklub is notified expressly thereof.

12 Violation of these Conditions

If a party ("the Party in default") violates or fails to rectify the breach within fourteen days after receiving written notice from the other party ("Aggrieved"), the Aggrieved Party may, without prejudice of its other rights by law, terminate the Service or demand immediate specific compliance with all of the Party's obligations, regardless of whether obligations should be met or not.

13 Copyright and intellectual property rights

13.1 We own or are licensed to use all intellectual property rights in all material, drawings and data (collectively “the Material”) that are made available on the Service Channels. This does not include your personal details which will always belong to you and will only be used by us in accordance to our Privacy Policy.

13.2 Any unauthorised use, application, reproduction, distribution, derivative creation, sale, broadcast or other circulation or application of the Material or any part thereof, is a breach of our rights and a violation of these Conditions.

13.3 We own or are licensed to use the Trademarks, names, logos and service marks (collectively “Trademarks”) which are displayed on the Service Channels regardless of it being registered or not. You must get our written permission if you would like to use or reproduce a Trademark for whatever purposes.

13.4 Die Naguilklub reserves the right to make any changes to the Service Channels, the content, or products and/or services available on the Service Channels at any time and without notice. All rights in and to the content is reserved and kept by the owners of the specific information. Unless it is specified in these Terms and Conditions, no licence or any other right, including but without restrictions to copyright, trademark or any other intellectual property rights in or to the property will be granted to the Visitor.

14 External links

External links can be provided for your convenience, but these are out of our control and we make no representation or give any warranty about the content of these links. Should you use and depend on external links, it will be at your own risk. Should you visit external links, please familiarise yourself with the Terms and Conditions and the risks that are involved in the use of the relevant links.

15 Warranties

15.1 Although we will always try to ensure that the Service Channels are available, the Service and Service Channels are provided without any warranties. Subject to the Consumer Protection Act No 68 of 2008, read with any of its Regulations (collectively the “CPA”) we give no warranties, representations, statements or guarantees (whether express, implied or residual) to this regard.

15.2 Subject to the application of the CPA:

15.2.1 we deny all implied warranties of marketability or suitability for a specific purpose;

15.2.2 we do not guarantee that the Service Channels and the information it contain (including the Publications), the Service or any output resulting from your use of the Service, or any warning,

15.2.2.1 will meet your requirement;

15.2.2.2 will be uninterrupted, timely, secure and error free;

15.2.2.3 will meet a certain measure of accuracy, completeness or reliability, performance or quality;

15.2.2.4 will be free of viruses or any other data or code that will corrupt or negatively influence the working of your computer, data or network.

15.3 No information that you will obtain from us and/or our authorised service providers through or from the Service will create a guarantee by us or the relevant service provider.

15.4 You warrant that

15.4.1 you will get and retain lawful right to access to the Service Channels and use of the Service;

15.4.2 that you have all the necessary permissions, and will have it for the duration of the Conditions, to make use of the Service;

15.4.3 that you have the capacity to be bound by the Conditions.

16 Our and your accountability is restricted

16.1 Neither Die Naguilklub nor our directors or employees will be accountable for damage (unless resulting from our fraudulent conduct or gross negligence) of any nature that was caused directly or indirectly through or can be attributed to:

16.1.1 the Service Channels and the content of the Service Channels;

16.1.2 your use of or dependence upon information that was given on or via the Service Channels;

16.1.3 your activities, specifically including your use of external links that are available on the Service Channels;

16.1.4 a breach of the Conditions by you;

16.1.5 the fact that we act upon your instructions or instructions that we in good faith accepted were coming from you;

16.1.6 unlawful access to or monitoring of information that is being sent to us; or

16.1.7 any errors and omissions regarding information that was given to us.

16.2 You will not be held accountable for damage (unless resulting from your fraudulent conduct or gross negligence) of any nature that could be caused directly or indirectly by or could be attributable to:

16.2.1 our activities;

16.2.2 a breach of the Conditions by us.

16.3 Should it be found that we are accountable, our accountability will be limited to an amount equal to the money that you have paid to us for the Service for one month before the cause of action originated.

16.4 Neither we nor you will be accountable for indirect or consequential damage or losses of profits of any nature, and regardless of how it may originate.

17 You indemnify us

Purchasing or using any products or services from the Service Channels is done so at the Visitor’s own risk. The Visitor indemnifies Die Naguilklub and holds Die Naguilklub unaccountable for any loss, injury or damage suffered due to the purchase or use of the products on the Service Channel.

You indemnify us from third party claims, compensation or costs (including reasonable attorney fees) that is caused or can be attributed to your

17.1 activities;

17.2 breach of these Conditions.

18 Address for legal notices

18.1 You agree to receive any notice or legal process with regards to these Conditions at the email address provided during the registration process.

18.2 You must send any notice or legal process relating to these Conditions to info@dienaguilklub.com.

19 This is the only agreement between you and us

19.1 These Terms and Conditions are the only record of the agreement between you and us regarding the Service. Neither of us is bound by explicit, silent or implied representation or warranty that was not recorded in these Terms.

19.2 These Terms supersede all previous written and oral communication between us about the Service.

19.3 Should any one of us grant a concession or a longer term to the other, it will not revoke or restrict any of our rights, unless we explicitly agree in writing to revoke or restrict these rights.

20. We can transfer our rights with notice to you

Should we merge, sell or in any other way transfer our assets and the process includes the transfer of our rights and obligations in terms of these Terms to a third party, we will let you know before we proceed with it. Should you not agree to the transfer of our rights and obligations, you can terminate your use of the Service from the date of transfer or cession.

21. Each condition is divisible

Should any provision of these Terms be or becomes unenforceable in any jurisdiction, the unenforceable aspect of that term in such jurisdiction will be treated as if it was not included in the Terms. The remaining terms of the Terms will remain binding.

22 Cross-border transfer of your information

Some of our authorised service providers could be located outside of South Africa. You agree to the cross-border transfer of your personal information in order for us to provide the Service to you. We will see to it that such authorised service providers each have safeguarding and a Privacy Policy and procedures in place to at least provide the same level of protection as is offered by our Terms.

23. Children can use the Service only with permission

Should you be younger than 18, you cannot agree to the Terms and can only use the Service with the permission and involvement of a parent or other legally authorised individual. We reserve the right to ask you for information needed to prove that you are 18 years old or older, or that you are using the Service with the permission and involvement of a parent or legally authorised individual.

24 Event or circumstances beyond our control

24.1 Should events or circumstance beyond our or your reasonable control ("force majeure") prevent either of us (the “Affected Party”) to fulfil any of our obligations, these obligations will be terminated to the extent and for as long as the Affected Party is prevented from fulfilling the obligation.

24.2 In the event of the force majeure lasting for more than fourteen (14) days, the Affected Party can terminate the Terms immediately by giving notice to the other party.

24.3 Force majeure includes but is not limited the following: an inevitable act of God or natural disaster (“vis major”), an incontrollable accident ("casus fortuitous"), force of nature, strike, theft, riots, explosion, revolt, war (whether declared or not), military operations, downtime of external telecommunication lines, power failure, international restrictions, any requirements from an international authority or a government or other authorised local government, or a court order.

25. Your enquiries and complaints

Please direct any enquiries or complaints via email to info@dienaguilklub.com.

 

26 The CPA applies to these Conditions

These Service Channels are managed, run and administered by Die Naguilklub from its offices in South Africa. Access to the Service Channels from areas or countries where the content or purchase of the products on the Service Channels are illegal, is prohibited. The Visitor may not use the Service Channels in breach of South African export laws and Regulations. In the event of Visitors accessing the Service Channels from places outside of South Africa, that Visitor will be accountable for complying with all South African export laws and Regulations.

26.1 In the event of a conflict between these Conditions and the CPA, the CPA will apply.

26.2 These Conditions are subject to and are laid out according to the laws of the Republic of South Africa.

26.3 You subject yourself to the exclusive jurisdiction of the courts of the Republic of South Africa about any dispute over the Services or the Terms.

27 Additional information

27.1 Full name:

Die Naguilklub, trading brand of Die Boekklub (Proprietary) Limited (Registration number: 2018/100784/07).

27.2 Physical address:

1140 Meadow Lane
Heritage Hill
Centurion
0157
South Africa

27.3 Webadres: http://www.dienaguilklub.com

27.4 Email address info@dienaguilklub.com

27.5 Directors: S Smit, L Swift, J Theron, M Viljoen

28. Proof of date of issuing and version of Terms

Unless the contrary is being proved, a certificate signed by one of the directors is sufficient proof of:

28.1 the date of issue and the terms of the Terms and Conditions;

28.2 the date of issue and the contents of earlier versions of the Terms; and

28.3 the date and contents of any communication and notices sent regarding the Terms.

Copyright of these Terms lies with Die Naguilklub. This document was last updated on 3 Augustus 2020.

29. Policy on comments

We are in favour of open conversation and want to provide the platform to our readers to join in the conversation. The magic word in the comments section on our websites is respect for both readers and the people which we write about. We will not tolerate sexism, homophobia, racism or any other form of hate speech and we reserve the right to remove comments. In short, play the ball not the man. No conduct which breaches Die Naguilklub’s policy on comments will be tolerated and may lead to the termination of your services.