BLOUDRUK BULLETIN END USER SERVICE / LICENSE AGREEMENT
Welcome to BULLETIN
For ease of communication BLOUDRUK BULLETIN PTY LTD is herein also referred to as “BULLETIN” or “we” or “us” or by similar pronouns.
ACCEPTANCE OF CONTRACTUAL TERMS
This service / license agreement governs your downloading of, access to and use of BULLETIN applications, platforms, services, products and news content and commences on the date from which you subscribe for access and use of the BULLETIN website, platform, Apps, products and/or services.
Before making any decisions or entering into any agreements and/or transactions with BULLETIN you should acquaint yourself with the relevant detail such as the nature, description, content and cost/subscription charges of our products and services via our BULLETIN website, Apps and our consultants.
Please note that:
- This license agreement may contain hyperlinks that may contain further terms and conditions governing your use of BULLETIN platforms, services and products. Some of the hyperlinks may require access to our website. If you are viewing this service/license agreement using an application or through a third party website/platform, you may need to visit our website to view the hyperlinked terms.
- This service / license agreement will apply to all upgrades and updates of the BULLETIN platforms, technology, Apps services and products unless we specify otherwise.
Authority: If you are not the owner of the access device from which the BULLETIN platform, services and products are to be accessed or on to which any BULLETIN App or product is to be downloaded, you confirm that you have the required permission of the owner to access BULLETIN platforms and services from, install the BULLETIN App and to download BULLETIN products on the device and to use the BULLETIN platforms, App, services and products on the terms of this service / license agreement.
In order for customers to access our services and products using access devices, we make available a BULLETIN website and such software as we may from time to time deem necessary for the operation of BULLETIN’s business, which we may elect to make available as part of the services.
We reserve the right in our sole discretion to make changes in how we offer, provide and operate to the BULLETIN platform services and products, whether relating to form, appearance, functionality or content.
We may from time to time issue instructions, guidelines and manuals relating to the download, installation, use and operation of the BULLETIN platforms and technology which you need to comply with. Depending on the technology you use, you may have to download and install the BULLETIN software/App onto the access device you use. We may from time to time make updates and upgrades available to users and users may be required to download and install the updates and upgrades in order to continue use of the BULLETIN platform, services and products. Failure to download updates and upgrades may result in you not being able to use the to the BULLETIN services and products until such time as you have installed the latest version thereof. BULLETIN need not notify you of such changes, upgrades or updates unless it will materially adversely affect your ability to use the BULLETIN services and products, in which case you will be notified of the changes.
To subscribe for and use our services and products you need to have internet access and a compatible BULLETIN ready device.
Note: Users are responsible at own cost to obtain and maintain access devices, to secure adequate internet access from a suitable service provider, for all telecommunication facilities, services, products and equipment needed to access the internet and download any BULLETIN App. BULLETIN will not be responsible for internet access charges, service provider charges and data usage charges and same will be for your own account or for the account of the owner of the access device.
By signing this service/license agreement including the subscription cover sheet, you subscribe for access to and use of BULLETIN platforms, services and products in accordance with the terms hereof.
All actions and omissions involving the use of your access device(s) or other technology shall be deemed and treated as your acts and omissions for which you can be held liable. It is your responsibility to ensure that everybody who may use your access device or technology to access and use BULLETIN platforms, Apps, services and products, complies with the service/licensing terms and restrictions. You should notify us if you suspect or discover unauthorised use of BULLETIN platforms, services and/or products or your access device.
BULLETIN provides a subscription service that allows subscribing members to access news scripts, sound bites and such other products as BULLETIN may from time to time identify, produce and/or source - whether in written, audio, audio-visual, digital or any other format (collectively referred to as “content”) which is capable of being streamed or otherwise diffused over the internet/electronic medium to compatible internet–connected devices.
Your selected basket of BULLETIN services and products are recorded in the subscription confirmation signed by you upon subscribing and/or any updates therein from time to time.
USE OF BULLETIN WEBSITE, TECHNOLOGY SERVICES AND PRODUCTS
Warning: BULLETIN products and services, including all content provided, is protected by Copyright, Trademark, trade secret and/or other intellectual property laws and treaties. All rights title and interest (including intellectual property rights) in and to the BULLETIN platform, App, our identity, our website, the technology and content used and/or displayed on and in connection with the BULLETIN platform and our products and services are owned by or licensed to us and remains the absolute property of ourselves and of our licensors and are protected by law. Intellectual property includes all intellectual property of whatever nature, both registered and unregistered, now subsisting and in the future coming into existence, in any part of the world, in relation to the BULLETIN platform and App, our identity, our website, the technology and content used and/or displayed in connection with the BULLETIN platform/App and our products and services, including without limitation copyright, patent rights, design rights, trademark rights, invention rights, database rights, know how, confidential information and trade secrets, domain names, goodwill and other intellectual property rights.
Other than herein specifically stated, you do not acquire any rights or licenses in respect of the BULLETIN platform, technology, services, products or intellectual property nor do you acquire any right to access or use the source codes of BULLETIN.
PRICING, BILLING AND CANCELLATION
The pricing for your subscription to access the selection of services and products chosen by you will be recorded in the subscription confirmation signed by you upon subscribing and/or any updates therein from time to time.
Any special terms and conditions applying to your basket of services/products and/or any promotional plans (where applicable) will be disclosed to you in the subscription confirmation during negotiation for subscription with our staff / consultants and will be incorporated by reference as terms of this agreement.
SUSPENSION OF ACCESS TO THE BULLETIN PALTFORM & USE
We reserve the right at any time and for any justified reason to terminate the service/license agreement, the availability or operation of the BULLETIN platform and App, or your right to use BULLETIN services and products. Any election to terminate will be communicated to you in writing.
Your attention is drawn to the implications of any election to cancel/terminate the service/license agreement on twenty (20) business days’ written notice as provided for in the Consumer Protection Act, namely that premature termination of a fixed term service/license agreement may expose you to liability (in addition to your liability for subscription fees and charges during the currency of the agreement) for a reasonable penalty equal to the subscription fees/charges you would have been liable for during a period of sixty (60) days after the date on which premature termination takes effect. If you prematurely cancel your subscription your account will close at the end of the sixty (60) day period post termination, however you will continue to have access to our products and services only through to the end of twenty (20) business days’ notice period provided that your subscription fees remain fully paid up to the effective date of premature termination. The provisions of this paragraph will only be applicable where the Consumer Protection Act finds application by legislative compulsion (as opposed to by choice of the parties).
Termination of this license agreement will forthwith end all rights and licenses granted to you hereunder and you must immediately cease all activities authorised in this service/license agreement.
In all cases of termination of the service/license agreement (whether by you or by us) you are required to permanently delete, remove and destroy all copies of the BULLETIN App and access codes in your possession and/or under your supervisions/control and which are installed on any devices. You agree that we may remotely access the access devices and remove and delete the BULLETIN App and all copies of it from the device(s).
PERSONAL INFORMATION & PRIVACY
DISCLAIMERS AND LIMITATION ON LIABILITY
BULLETIN platforms, Apps, products and services are provided “as is” and “as available” without warranty of any kind whether express or implied and specifically does not warrant that it is reliable or fit for any particular purpose or error free. You assume all responsibility and risk for installation, use and the results obtained from the BULLETIN platforms, associated technology, its services and products.
We do not guarantee, represent or warrant that BULLETIN products, services are error free, whether relating to content, context or otherwise. BULLETIN does not guarantee that all content will be perceived by all users as accurate or suitable for all audiences. The final decision to use, distribute and diffuse content of BULLETIN, whether in identical or adapted form, rests with you as customer.
We do not provide any representation or warrantee regarding the operation, integrity, compatibility, availability or functionality of the BULLETIN platform or technology. We do not guarantee, represent or warrant that the use of BULLETIN platform, technology, services or products will be available and accessible at all times, uninterrupted, timely, secure, free from destructive code, or will meet your individual requirements.
All communications of a formal nature and which relate to this license agreement shall be made and exchanged in writing. No verbal communications will have any binding effect. We will provide all our communications relating to your account to you in electronic format only. You agree to receive all communications from us in e-mail, or sms format or directly online on our website. You agree to receive all legal notices and process by e-mail.
Notices to BULLETIN is to be sent to us:
If hand/courier, by delivery to BULLETIN, Cnr Williams & Fairfield South Street Parow, 7500, Western Cape South Africa.
If by mail, to PO Box 4321, Tyger Valley 7536, Western Cape, South Africa.
If by e-mail to info@BULLETIN.co.za
We may change these addresses from time to time and will communicate notice of any change in address to you.
Direct marketing: When you download the BULLETIN App or access BULLETIN platforms and register as user/subscriber you will receive marketing communications from us. You may opt out of receiving direct marketing communications from us at any time by notifying us accordingly. Some devices or applications you use may allow you to refuse to accept or block approach of direct marketing communications. To opt out of receiving push notification messages on your device you may use your device settings to turn off the functionality. When you avail yourself of these options you do so of your own volition and at your sole risk of loss of essential communications relevant to your access or use of BULLETIN App, our platforms and services.
BULLETIN shall be entitled to cede, delegate, assign and transfer any or all its rights and obligations in terms this license agreement to any third party and you agree to cooperate with us when the need for same arises. You may not assign, delegate or transfer any of your rights or obligations in terms hereof to any third party without the prior written consent of BULLETIN.
GOVERNING LAW AND JURISDICTION
If any of the provisions of this license agreement shall be held to be invalid, illegal or unenforceable, the validity, legality and unenforceability of the remainder of the provisions shall remain in full force and effect.
If you experience any problems with technology used by you to access and use the BULLETIN services, you should first liaise with your own IT and telecommunication service providers to resolve any issues and verify compatibility of your access device before contacting us.
If you need any information about BULLETIN, our services or assistance with access please contact our helpdesk at info@BULLETIN.co.za.