This Agreement is Between:
“The user” (in terms of this agreement the user is the individual accessing the PLATFORM and/or making use of the services provided for by JOURNEYCX) AND “JOURNEYCX” (as the owner of the PLATFORM and the provider of the services detailed in this agreement) YOUR ATTENTION IS DRAWN TO THESE TERMS AND CONDITIONS AND SHOULD BE CAREFULLY NOTED. USE OF THIS PLATFORM IS SUBJECTED TO THESE TERMS AND CONDITIONS PUBLISHED ON THIS PLATFORM. BY CONTINUING TO USE THIS PLATFORM YOU AGREE TO ACCEPT, WITHOUT MODIFICATION, LIMITATION OR QUALIFICATION THESE TERMS AND CONDITIONS. WE RESERVE THE RIGHT TO UPDATE THE TERMS AND CONDITIONS AT ANY TIME WITHOUT NOTICE.
In terms of section 11 of the Electronic Communications and Transactions Act 25 of 2002 (‘ECTA’) and the common law of contracts, these Terms and Conditions are valid, binding and enforceable against all persons that access this App. Please read these terms and conditions carefully before accessing, using or obtaining any materials, information, products or services. By accessing, JourneyCX’s PLATFORM, or any other feature or other JourneyCX platform (collectively “Our PLATFORM”) you agree to be bound by these terms and conditions and our Privacy Policy.
Disclosures in terms of section 43 of the Electronic Communications and Transactions Act: The full name and legal status of the PLATFORM Owner and Intellectual Property Rights Holder is:
- JourneyCX
- E-mail address: hello@journeycx.net
The PLATFORM address of this PLATFORM is:
- JourneyCX.net
Main business:
At JourneyCX we offer specialised services with regards to Google Ads Advertising. This includes advertising on the Google Search Network (GSN), the Google Display Network (GDN) and Google Video Network (GVN). JourneyCX also offers Search Engine Optimisation (SEO) recommendations and the setup of Google My Business, Google Analytics and Google Search Console accounts which assists in creating powerful advertising campaigns.
The Contract When registering or using the PLATFORM you agree to adhere to these Terms and Conditions, our Cookie Policy and our Privacy Policy. We reserve the right to modify this Contract, our Privacy Policy and our Cookies Policies from time to time and provide you with notification of such changes. If you object to any changes, you may close your account. Your continued use of our services after the commencement of any new Terms and Conditions or policy amendments will be deemed as consent to the updated Terms and Conditions or Policies.
Obligations Service Eligibility You represent and warrant that you possess the legal right (eg. that you are 18 years or older) to access this PLATFORM and to be bound to these terms and conditions and to use this PLATFORM with all terms and conditions herein Your access to, and use of this PLATFORM is solely at your own risk.
You agree not to violate these terms and conditions in any manner.
Your Account
Members or account holders. You agree to: choose a secure password; keep their password secure and confidential; not transfer any information from their account to external parties, without prior consent from JourneyCX or their representatives.
Notices and Messages
You agree that we will provide notices and messages to you in the following ways: (1) within the Service, or (2) sent to the contact data you provided us (e.g., email, mobile range, physical address). You conform to keep your contact information up to date.
Service conditions and delivery
A service is available anywhere in the world with the following provisos: the JourneyCX PLATFORM is accessible; the Payment Gateway can process the card transaction; and the method of delivery is online or to an email address.
JourneyCX strives to make the JourneyCXs PLATFORM available at all times, but there are eventualities beyond JourneyCX’s control that has an impact on the availability of the PLATFORM. JourneyCX services provided through partners like banks and SST sites are dependent on the availability of such partner(s). Disclosures and submissions requiring no intervention from JourneyCX officials can be requested or submitted at any time when the relevant JourneyCX channel is available. Submissions or requests that require intervention by JourneyCX Officials may also be submitted at any time that the relevant JourneyCX channel is available, but internal processing will only be performed during office hours. For purposes of calculating the service delivery service, the first day of submission is not counted. The service delivery count only commences the first working day after the day of the submission.
Who is responsible for what I see and do on the Platform?
You agree that all content and materials, including without limitation information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features (collectively, “Content”) generated, provided, or otherwise made accessible or available by NioLand on the Platform are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. All such Content is the proprietary property of NioLand with all rights reserved. Except as expressly authorized by NioLand in writing, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publish, adapt, edit or create derivative works from such Content. For clarity, the foregoing restrictions apply to third party trademarks, which may be used by us on the Platform under license. Unless otherwise noted, we are not affiliated with or endorsed by the owner of any third-party trademarks displayed.
All services rendered by JourneyCX are Taxable in accordance with South African Value Added Tax (VAT) laws.
AThe delivery mechanism and delivery events are as follow:
Online disclosure:
Disclosures are done online and can send an email copy to the customer’s email address, (if supplied), as an option. The service is considered rendered when the disclosure report has been successfully written to the customer’s browser.
Electronic submission of forms:
JourneyCX will attempt to send an email containing the result of an electronically submitted document or form (in the format of a letter and possibly a certificate) to the customer if a valid email address is available on the system.
JourneyCX reserves the right to; introduce new services; discontinue services; restrict services rendered over the Internet to selected customers or selected groups of customers; and refrain from making certain services available on the Internet at its sole discretion without prior notice to a visitor or customer. Hyperlinks, framing, spiders and crawlers No person, business or PLATFORM may; link to any page on this site without the prior written permission of JourneyCX; frame this site or any of the pages on this site in any way whatsoever; or use any technology to search and gain any information from this site without the prior written permission of JourneyCX.
Intellectual Property and restrictions on use The JOURNEYCX PLATFORM consists of content which is derived entirely or in part from content supplied by JOURNEYCX. The content referred to in subparagraph (1) is protected under applicable South African Intellectual Property Acts, Regulations and International Treaties and Conventions.
A visitor or customer may not reproduce, duplicate, publish, modify, copy, download, upload in any manner, post, broadcast or transmit, reverse engineer or disenable, display, or distribute or in any way exploit any of the contents that being software and/or material. Any information, content or material on JourneyCX PLATFORM and/or channels can be used, transmitted or distributed for private or personal purposes. Notwithstanding subparagraph 3.4, the use of information, content or material from JourneyCX PLATFORM or channels for business and/or commercial purposes must be used and/or distributed only if such use, transmission and/or distribution is part of the service provision to client(s), and use, distribution and/or transmission of such information, content and/or material must be limited to that specified client(s). A visitor or customer is also strictly prohibited from creating works and/or software materials derived from or which are based on the contents found on this site.
The prohibition referred to in subparagraph 3.6 applies regardless of whether the content is sold, negotiated or given away and/or further alienated in any manner whatsoever. The PLATFORM contains material which is owned by or licensed to JourneyCX. This material includes, but not limited to, the content, design, layout, look, appearance and graphics. Reproduction is prohibited in terms of the South African copyright and trade mark laws, international trade marks and copyright laws and conventions. All trademarks reproduced on the JourneyCX PLATFORM, which are not the property of, or licensed to JourneyCX, are acknowledged accordingly.
Access and availability of service and links JourneyCX contains links to other related Internet sites. No inference or representation can be made implying that JourneyCX is connected with, operates or controls those linked PLATFORMs. Whether or not those linked sites are in fact affiliated with JourneyCX, JourneyCX is not responsible for the content on the aforesaid sites. The linked sites are for a visitor or customer’s convenience only and such visitor or customer’s access thereto is at his/her own risk. When visiting linked sites, a visitor or customer must refer to that linked site’s individual terms of use and cannot rely on the terms of this agreement.
Rules of conduct for the visitor and customer:
A visitor or customer with the inclusion, but not the limitation, of the definition, agrees that he/she will not transmit submissions to the JourneyCX PLATFORM that: use any of the forums for illegal purposes; are for spamming and/or malicious intent; restrict or inhibit any other visitor or customer from using and enjoying the forums; are unlawful, threatening, abusive, defamatory, obscene, vulgar, profane pornographic and/or allow for indecent information that constitutes a criminal offence and/or gives rise to a civil liability claim or otherwise violates any local, national or international law; violate any Intellectual Property rights of any other person by the submission of the content to JourneyCX’s PLATFORM through the forums or other avenues, which allow for such submissions. A visitor or customer by the transmission of content in any manner whatsoever, represents to JourneyCX that they are the rightful owner of such content transmitted or that the visitor or customer has obtained permission from the rightful owners to submit such content transmitted; contain viruses or other harmful content; or are intended for commercial purposes, contain marketing or promotional materials or are intended to solicit donations. A visitor or customer agrees that he/she shall be solely liable for any damage resulting from any infringement of Copyrights, Trade Marks and other proprietary rights including PLATFORM content or any other damages resulting from such a submission. A visitor or customer further indemnifies and holds JourneyCX harmless against all claims for any damages whatsoever arising from the use of the JourneyCX PLATFORM. It is a criminal offence in terms of the Companies Act, 71 of 2008 to submit any information that is misleading or has the intention to defraud JourneyCX or any other person.
Customers who use services of JourneyCX may be held liable for the information and content submitted by them on behalf of themselves or their clients and can therefore be held criminally liable by JourneyCX if the information or content is found to be misleading, fraudulent or has the intention to cause harm to others.
JourneyCX does not guarantee or warrant that:
the JourneyCX PLATFORM will be uninterrupted; the JourneyCX PLATFORM and/or its content will be default free and that the defects will be corrected; provisions stated within any Act, will get preference above any content as reflected on the JourneyCX PLATFORM; the information, content or material on JourneyCX PLATFORM and channels is accurate, and free of errors; the servers that make the content available are free from viruses, other harmful content or any other code which is able to compromise in any manner the operation, security or content of the User’s computer or mobile system, network, hardware or software; or any merchandise provided through the JourneyCX PLATFORM.
The JourneyCX PLATFORM is provided “AS IS” and on an “IS AVAILABLE” basis, without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to warranties of satisfactory quality, non-infringement, title, security and compatibility.
Neither JourneyCX nor any third parties provide any warranty or guarantee as to the accuracy, timelines, performance, completeness or suitability of the information and materials found or offered on this PLATFORM. A customer using the JourneyCX PLATFORM acknowledges that such information and materials may contain inaccuracies or errors and therefore expressly exclude liability for any such inaccuracies or errors.
A visitor or customer acknowledges and confirms JourneyCX indemnity to, including but not limited to, indirect, direct, incidental, special, consequential or punitive damages arising from the use of or inability to use JourneyCX sites.
A visitor or customer acknowledges that the provisions of this paragraph shall apply to all the contents of the JourneyCX PLATFORM.
The disclaimer of liability applies to damages or injury, including but not limited to, indirect, direct, incidental, special, consequential or punitive damages or any damages whatsoever arising from use or loss of use of data or of profits, whether in breach of contract, tortuous action, negligence, or under any other cause of action.
If any of the terms and conditions of this agreement should be deemed to be unlawful, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms and conditions are intended to be effective than to the extent only and within the jurisdiction in which that term and condition is illegal, invalid or unenforceable, it shall be severed and deleted from this agreement and the remaining terms and conditions shall survive, remain in full force and effect and continue to be binding and enforceable.
To the extent allowed under the laws governing this agreement JourneyCX and its affiliates, service providers and administrators disclaim all expressed or implied warrantees and representations and do not guarantee that our services will function without error and or interruption Termination The User may terminate this Contract at any time by providing 30 (thirty) days’ notice to JourneyCX. On termination, the User shall lose the right to access or use the Services.
The following shall survive termination:
Our rights to use and disclose your feedback; Members and/or Visitors’ rights to further re-share content and information you shared through the Service to the extent copied or re-shared prior to termination; Any amounts owed by either party prior to termination remain owed after termination.
If a visitor or customer does not accept all the terms and conditions in full, such visitor or customer must exit the site immediately and not make use of the PLATFORM. JourneyCX has the exclusive discretion to terminate the agreement at any time with or without notice. After a visitor or customer has exited the site as aforesaid such visitor or customer must destroy all content, whether materials or software, obtained from the site and all copies thereof. In the event of a visitor or customer failing to exit the site as aforesaid JourneyCX has the right to claim any indirect, direct, incidental, special or punitive damages caused to JourneyCX from such visitor’s or customer’s unauthorised access and/or use of the JourneyCX PLATFORM. A visitor or customer indemnifies JourneyCX against any claims for damages of whatsoever nature caused to another party by such visitor or customer unauthorised use and/or access of the sites.
