-Eph 3:19 To know the Love of Christ which passes knowledge, that you may be filled unto all the fulness of God
iWorship.co.za Terms of Service
Effective Date: 2019/01/23
This page sets out the terms for the use of the iWorship.co.za website and the Services we offer.
To view community-profile specific terms, please click here.
1.1. What this document is and who we are: This document is a legal document, enforceable under South African Law, which is the agreement between you, the Customer (whom we refer to as “you”, “your” or the “Customer” in this document) and us (iWorship.co.za). By using this website, you agree to the terms of use that appear below, all of which are called the “Agreement”. We are iWorship.co.za, the operator of this Site, and provider of a range of services related to the Site. We are a group of individual christians and/or christian churches, mainly based in South Africa, with head office located at a local congregation as our spiritual covering: Hartsion Congregation, Plot 47 Basil Rd, Bapsfontein, 1510, Gauteng, South Africa. Throughout this document we refer to ourselves as “iWorship.co.za”, “we”, “us” or “our”, and we refer to ourselves and any other companies of the iWorship.co.za Network of companies, including our affiliates, parent companies, organisations or subsidiaries, as the “iWorship.co.za Network”.
1.2. This is what we do: We provide a platform (including this Site and/or mobile sites or applications, etc.) where we, our local affiliates and/or other sellers or merchants (collectively named, “ Sellers”) can offer, supply, or upload content, videos, training material or other products (collectively named, “Items”). Another part of the platform is a social networking environment, owned and maintained by ourselves, with the option for members to integrate their account with their facebook account and/or other social media account. As the provider and operator of this platform, we help facilitate transactions for Items, services or training courses. This service establishes an avenue where you can complete transactions directly with iWorship.co.za. In addition to this Agreement, you may enter into contractual agreements or relationships with legal entities other than iWorship.co.za through your interaction with the Site.
1.3. Explanation of legal relationships pertaining to the Site: Purchasing of any Items via the Site is subject to the terms and conditions of the Seller who offers the Item, meaning that your contract of sale may be with another iWorship.co.za Network company or entity. The Seller is solely responsible for the sale and for handling any claims or any other issue arising out of or in connection with the contract between the Seller and yourself. Please also note that in respect of purchases of a Voucher, in addition to the contract of sale you will have with the Seller of the Voucher, there will also be a contract between you and the business that actually provides the Products when you redeem your Voucher with that business (the “Merchant”). In respect of any Vouchers, neither we nor any Seller assumes responsibility for any contracts regarding the redemption of your Voucher with a Merchant.
1.4. What we also do: We may provide a forum to submit or post User Content, as well as send newsletters and other communications to you. In order to send emails to you, we need to know a little bit about you. Take a look at our data collection and processing practices in our Privacy Statement for details.
1.5. Scope of Use: The Site and our Services are for your non-commercial, personal use only and not for business purposes, except as separately permitted in writing. You may access the Site only through our app, standard web and mobile browsers and similar consumer applications, but not with any robot, spider, offline reader, site search/retrieval application or other manual or automatic device, tool, or process to retrieve, index, or data mine our Site, via scraping, spidering or otherwise. As an exception, revocable at any time by us, operators of public search engines may use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials.
1.6. Prevention on use: We reserve the right to prevent you from using the Site and the Services (or any part of them).
1.7. Definitions: In this Agreement, we use various defined terms. You will know they are defined because they begin with a capital letter. These are all defined within or at the end of this Agreement in section 13).
2.1. Why Register? Depending on the particular functionality of our Site at any time, you may or may not need to Register to use much of its functionality or to access much of our Services. However, you must Register in order to make a purchase, to create a social group or to post any content on the Site. This is so that we can provide you with easy access to print your Voucher or Certificate of Completion, view your past purchases, store any iWorship.co.za credit for you and modify your preferences. We reserve the right to decline a new Registration or to cancel an Account at any time. You Register with us so you don’t have to re-enter your information every time you buy, post or upload something.
2.2. How to Register: To Register you need to supply us with your name, email address, and possibly some other personal information.
2.3. Passwords: During Registration, you will also need to supply us with your password. You must keep the password confidential and immediately notify us if any unauthorised third party becomes aware of that password or if there is any unauthorised use of your email address or any breach of security known to you. You agree that we are not responsible or liable in the event that a person to whom your password is disclosed uses (and/or transacts via) our Services and Site. Please note that you are entirely responsible if you do not maintain the confidentiality of your password.
2.4. Valid email addresses: All Accounts must be Registered with a valid personal email address that you access regularly. Any Accounts which have been Registered with someone else’s email address or with temporary email addresses may be closed without notice. We may require users to re-validate their Accounts if we believe they have been using an invalid email address.
2.5. Emails: iWorship.co.za may send you administrative, educational and promotional emails. We may also send you information regarding your Account activity and purchases, as well as updates about our Site and Services or other promotional offers. We may also send you information regarding purchases you’ve made. (You can opt-out of our promotional e-mails at any time by clicking the unsubscribe link at the bottom of any of such e-mail correspondence.)
3.1. User Content: The Site may provide Account holders and visitors to the Site various opportunities to submit or post reviews, opinions, advice, ratings, discussions, comments, messages, survey responses, and other communications, as well as files, images, photographs, video, sound recordings, musical works and other content (collectively, “User Content”). User Content may be submitted or posted through forums, bulletin boards, discussion Networks, chat rooms, surveys, blogs or other communication facilities that may be offered on, through, or in connection with the Site or Services from time to time. You may be required to have an Account to submit User Content. None of the User Content other than that which we own, represent agreement or endorsement by ourselves.
3.2. Creator of the User Content: In contributing any User Content, you represent and warrant that you are the creator and owner of the User Content, or if you are acting on behalf of the creator, that you have express, advance authority from the creator to submit or post the User Content, and that you have all rights necessary to grant the licenses and grants set out in this Agreement in respect of that User Content. You further represent and warrant (or, if you are acting on behalf of the creator of the User Content, you have been assured that the creator represents and warrants) that the sharing of the User Content for the purposes you have selected will not violate or infringe any copyrights, trademarks or any other intellectual property rights or rights of third parties, including the rights of publicity or privacy.
3.3. Restrictions: You will not upload, post or otherwise make available on the Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. iWorship.co.za does not have any express burden or responsibility to provide you with indications, markings or anything else that may aid you in determining whether the material in question is copyrighted or trademarked. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. Other restrictions and forbidden activities you should be aware of are listed in section 5, below.
3.4. Use of User Content: iWorship.co.za has the sole and absolute right, but not the obligation, to review, edit, post, refuse to post, remove and monitor the User Content. iWorship.co.za further has the sole and absolute right, but not the obligation, to disclose the User Content and the circumstances surrounding their transmission to any third-party, at any time, for any reason, including to determine compliance with this Agreement and any operating rules established by iWorship.co.za, as well as to satisfy any applicable law, regulation or authorised government request. Without limiting the foregoing, iWorship.co.za has the right to remove any material from the Site in its sole and absolute discretion. iWorship.co.za assumes no liability for any User Content or other information that appears or is removed from the Site or elsewhere. iWorship.co.za has no obligation to use your User Content and may not use it at all.
3.5. Modifying or removing User Content: In some circumstances and from time to time, it may be possible to modify or remove the User Content you submit or post through your Account. iWorship.co.za makes no representations or warranties that the User Content you modify or remove will be modified or removed from the Site or elsewhere, or that the User Content will cease to appear on the Internet, in search engines, social media websites, or in any other form, media or technology.
3.6. Public Nature of User Content: You understand and agree that User Content is public. Any person (whether or not a user of iWorship.co.za’s Services) may read or view your User Content without your knowledge. Please do not include any additional personal information or any other information in your User Content unless you wish for it to be publicly disclosed. iWorship.co.za is not responsible for the use or disclosure of any personal information or any other information that you disclose in connection with User Content.
3.7. User Content Disclaimer: Any User Content of any kind made by you or any third-party is made by the respective author(s) or distributor(s) and not by iWorship.co.za. Other users may post User Content that is inaccurate, misleading or deceptive. iWorship.co.za does not endorse and is not responsible for any User Content, and will not be liable to you or any other person for any loss, damage or confusion caused by your reliance on such User Content. User Content reflects the opinions of the person submitting it and may not reflect the opinion of iWorship.co.za. iWorship.co.za does not control or endorse any User Content, and specifically disclaims any liability concerning or relating to your contribution of, use of, or reliance on any User Content and any actions resulting from your participation in any part of the Site or Services, including any objectionable User Content.
3.8. Grant: Some User Content you submit to iWorship.co.za may be displayed or may give you the option to display it in connection with your personal information, or a portion of your personal information, including but not limited to your name, initials, username, social networking website user account name, image, likeness, preferences, voice and location. You grant iWorship.co.za and the iWorship.co.za Network a royalty-free, perpetual, irrevocable, sub-licensable, fully paid-up, non-exclusive, transferrable, worldwide right to use, display, distribute, offer for sale and sell the personal information in connection with your User Content, whether the User Content appears alone or as part of other works, and in any form, media or technology, whether now known or later developed, and to sublicense such rights through multiple tiers of sublicensees, all without compensation to you, unless specified in a mutually accepted and signed written agreement. However, iWorship.co.za shall have no obligation to use your personal information in connection with any User Content.
3.9. License: As between you and iWorship.co.za, you shall retain all of your ownership rights in and to the User Content you submit or post. However, by contributing User Content or other information on or through the Site, you grant iWorship.co.za and the iWorship.co.za Network a royalty-free, perpetual, irrevocable, sub-licensable, fully paid-up, non-exclusive, transferrable, worldwide right and license to use, reproduce, create derivative works from, publish, edit, translate, distribute, perform, display, transmit, offer for sale and sell the User Content alone or as part of other works in any form, media or technology, whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees and without compensation to you, unless specified in a mutually accepted and signed written agreement. You waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding the User Content that you may have under any applicable law under any legal theory. iWorship.co.za and the iWorship.co.za Network’s license in any User Content or personal information submitted includes use for promotions, advertising, marketing, market research, merchant feedback, quality control or any other lawful purpose.
3.10. Copyright Policy and Procedure : iWorship.co.za reserves the right to terminate the right to use the Site by anybody who infringes the copyrights of another. If you believe that any material has been posted via the Site by a user in a way that constitutes copyright infringement, and you would like to bring this material to iWorship.co.za’s attention, you must provide iWorship.co.za’s Copyright Agent with the following information: (a) an electronic or physical signature of the person authorised to act on behalf of the owner of the copyrighted work; (b) an identification of the copyrighted work and the location on the Site of the allegedly infringing work; (c) a written statement that you have a good faith belief that the disputed use is not authorised by the owner, its agent, or the law; (d) your name and contact information, including telephone number and e-mail address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorised to act on the copyright owner’s behalf. The contact information for iWorship.co.za’s Copyright Agent for notice of claims of copyright infringement is:
engage@iworship.co.za
3.11. Unsolicited Ideas: We do not accept or consider, directly or through any iWorship.co.za or iWorship.co.za Network employee or agent, unsolicited ideas of any kind, including ideas or suggestions relating to new or improved products, enhancements, names or technologies, advertising and marketing campaigns, plans or other promotions. Do not send us (or any of our employees) any unsolicited ideas, suggestions, material, images or other work in any form ( “Unsolicited Materials” ). If you send us Unsolicited Materials, you understand and agree that the following terms will apply, notwithstanding any cover letter or other terms that accompany them:
iWorship.co.za has no obligation to review any unsolicited materials, nor to keep any unsolicited materials confidential; and
iWorship.co.za will own, and may use and redistribute unsolicited materials for any purpose, without restriction and free of any obligation to acknowledge or compensate you.
4.1. The standards we operate under: iWorship.co.za always tries its best at what it does and promises that:
4.1.1. we will exercise reasonable care and skill in performing any obligation under this Agreement;
4.1.2. and we will not contravene the requirements of professional diligence in what we do.
4.2. Section 4 is important!: This section 4 takes precedence over all other sections in this Agreement and sets forth our entire Liability in respect of the performance, non-performance, purported performance or delay in performance of this Agreement or the Services or Site or any purchase (or any part of them); or otherwise in relation to this Agreement or the entering into or performance of this Agreement.
4.3. What we are responsible for: Nothing in this Agreement shall exclude or limit our Liability for any Liability for (i) fraud; (ii) death or personal injury caused by our negligence; (iii) serious misconduct by us, excluding serious misconduct not conducted by iWorship.co.za itself; or (iv) any Liability which cannot be excluded or limited by applicable law. You are obliged to take reasonable steps to avert or reduce damages.
4.4. Categories of loss that we are not responsible for: Notwithstanding Clause 4.3, since we only provide the Site and Services for your non-business use, we are never liable for:
4.4.1. loss of income or revenue;
4.4.2. loss of actual or anticipated profits;
4.4.3. loss of business; or
4.4.4. indirect or consequential loss (and for the avoidance of doubt, we understand the words “consequential loss” to mean “consequential losses whether those losses are foreseeable, known, foreseen or otherwise”).
5.1. Accurate information: You warrant that all information provided on Registration and contained as part of your Account during the course of this Agreement is true, complete and accurate and that you will promptly inform us of any changes to such information by updating the details in your Account.
5.2. Content on the Site: It is your responsibility to ensure that any Items or information (or Products) available through the Site meet your specific requirements.
5.3. Things you cannot do: Without limitation, you undertake not to use or permit anyone else to use the Services or Site:
5.3.1. to upload, send or receive any material, including User Content, which is not civil or tasteful;
5.3.2. to upload, send or receive any material, including User Content, which is unlawful, harmful, tortious, threatening, abusive, harassing, hateful, racist, homophobic, infringing, pornographic, violent, misleading, grossly offensive, of an indecent, obscene or menacing character, blasphemous or defamatory or of a libellous nature of any person or entity, in contempt of court or in breach of confidence, or which infringes the rights of another person or entity, including copyrights, trademarks, trade secrets, patents, rights of personality, publicity or privacy or any other third party rights;
5.3.3. to upload, send or receive any material, including User Content, for which you have not obtained all necessary licenses and/or approvals (from us or third parties); or which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party in any country in the world;
5.3.4. to upload, send or receive any material which is technically harmful (including computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data, malicious software, harmful data, or anything else which may interrupt, interfere with, corrupt or otherwise cause loss, damage, destruction or limitation to the functionality of any software or computer equipment);
5.3.5. to cause annoyance, inconvenience or needless anxiety;
5.3.6. to intercept or attempt to intercept any communications transmitted by way of a telecommunications system;
5.3.7. for a purpose other than which we have designed them or intended them to be used;
5.3.8. for any fraudulent purpose; or
5.3.9. in any way which is calculated to incite hatred against any ethnic, religious or any other minority or is otherwise calculated to adversely affect any individual, Network or entity.
5.4. Forbidden uses: The following uses of the Site and Services are expressly prohibited and you undertake not to do (or to permit anyone else to do) any of the following:
5.4.1. resell the Services or Site;
5.4.2. furnish false data including false names, addresses and contact details and fraudulent use of credit/debit card numbers;
5.4.3. attempt to circumvent our security or network including accessing data not intended for you, logging into a server or Account you are not expressly authorised to access, or probe the security of other networks (such as running a port scan);
5.4.4. access the Services (or Site) in such a way as to, or commit any act that would or does, impose an unreasonable or disproportionately large burden on our infrastructure or that otherwise interrupts or interferes with its functionality, efficiency or operation;
5.4.5. execute any form of network monitoring which will intercept data not intended for you;
5.4.6. send unsolicited mail messages, including the sending of “junk mail” or other advertising material to individuals who did not specifically request such material. You are explicitly prohibited from sending unsolicited bulk mail messages. This includes bulk mailing of commercial advertising, promotional, or informational announcements, and political or religious tracts. Such material may only be sent to those who have explicitly requested it. If a recipient asks to stop receiving email of this nature, you may not send that person any further email;
5.4.7. create or forward “chain letters” or other “pyramid schemes” of any type, whether or not the recipient wishes to receive such mailings;
5.4.8. send malicious email, including flooding a user or site with very large or numerous emails;
5.4.9. enter into fraudulent interactions or transactions with us, a Seller or a Merchant (which shall include entering into interactions or transactions purportedly on behalf of a third party where you have no authority to bind that third party or you are pretending to be a third party);
5.4.10. use the Services or Site (or any relevant functionality of either of them) in breach of this Agreement;
5.4.11. use in an unauthorised manner, or forge, mail header information;
5.4.12. engage in any unlawful or criminal activity in connection with the use of the Services and/or the Site or any Voucher; or
5.4.13. copy or use any Content for any commercial purposes.
5.4.14. to grant access to paid services offered on the Site, to any person who has not paid us for it. Should you wish to share what is a paid service, please purchase a voucher for that person.
5.5. Equipment: The Services and use of the Site does not include the provision of a computer or other necessary equipment to access the Site or the Services. To use the Site or Services, you will require Internet connectivity and appropriate telecommunication links. We shall not be liable for any telephone costs, telecommunications costs or other costs that you may incur.
6.1. Errors and omissions: We are not liable for errors or omissions (e.g., listing a Voucher at R1.99 instead of R199!) if we have complied with the standards set out in section 4 of this Agreement. We will use reasonable endeavours to correct any errors or omissions as soon as practicable after being notified of them. We reserve the right to change, modify, substitute, suspend or remove without notice any Voucher, Item, Services or information on the Site or forming part of the Services from time to time.
6.2. Viruses and similar stuff: We do not give any warranty that the Services or the Site are free from viruses or anything else which may have a harmful effect on any technology.
6.3. Stopping access: Although we will try to allow uninterrupted access to the Services and the Site, access to the Services and the Site may be suspended, restricted or terminated at any time. Your access to the Site and/or the Services may also be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore such access as soon as we reasonably can. We also reserve the right to block access to and/or to edit or remove any material which in our reasonable opinion may give rise to a breach of any of this Agreement.
6.4. Closing Accounts: We reserve the right to close Accounts if any user is violating our terms of use (i.e., this Agreement), including if he is seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple Accounts, or if a user pretends to be located in a country different from where he actually resides, or if he disrupts the Site or the Services in any way.
6.5. Multiple Accounts: If you use multiple Accounts, if we do take any action against you, you may have action taken against all of your Accounts.
7.1. If you use (or anyone other than you, with your permission uses) the Services or Site in contravention of this Agreement, we may suspend your use of the Services and/or Site (in whole or in part).
7.2. If we suspend the Services or Site, we may refuse to restore the Services or Site until we receive an assurance from you, in a form we deem acceptable, that there will be no further breach of the provisions of this Agreement and until any required payments have been paid to us for unpaid chargeable access.
7.3. iWorship.co.za shall fully co-operate with any law enforcement authorities or court order requesting or directing iWorship.co.za to disclose the identity or locate anyone in breach of this Agreement.
7.4. Without limitation to anything else in this section 7, we shall be entitled immediately or at any time (in whole or in part) to: i) suspend the Services and/or Site; ii) suspend your use of the Services and/or Site; iii) suspend the use of the Services and/or Site for persons we believe to be connected (in whatever manner) to you; and/or iv) terminate this Agreement immediately if:
7.4.1. you commit any breach of this Agreement;
7.4.2. we suspect, on reasonable grounds, that you have, might or will commit a breach of this Agreement; or
7.4.3. we suspect, on reasonable grounds, that you may have committed or be committing any fraud against us or any person.
7.5. Notwithstanding anything else in this section 7, we may terminate this Agreement at any time.
7.6. Our right to terminate this Agreement shall not prejudice any other right or remedy we may have in respect of any breach or any rights, obligations or liabilities accrued prior to termination.
8.1. Please see our Privacy Statement which forms part of this Agreement.
9.1. Any advertisements may be delivered on our behalf by a third party advertising company, which may, on our behalf, place or recognise a unique “cookie” on your browser. If you would like more information about this practice and to know your choices about not having this information used by any company, see our Privacy Statement.
9.2 We may display advertisements or links to advertised products or services, for which we may receive financial renumeration if you click on or purchase such a link or service. This practice forms part of our sustainability strategy, to help ensure we provide you with high quality service for many years to come.
10.1. Where the Site contains links to third party sites and to resources provided by third parties (together “Other Sites”), those Other Sites are merely linked to provide information only and are solely for your convenience. We have no control over, do not accept, and we assume no responsibility for Other Sites or for the content or products of Other Sites (including relating to social networking sites such as Facebook) and we accept no responsibility for any loss or damage that may arise from your use of them. If you decide to access any of the third party Sites linked to the Site, you do so entirely at your own risk.
11.1. iWorship.co.za grants you a limited, personal, nontransferable, nonexclusive, revocable license to access and use the Site pursuant to this Agreement and to any additional terms and policies set forth by iWorship.co.za. All intellectual property rights (including all copyright, patents, trademarks, service marks, trade names, domain names, social media identifiers, designs, whether registered or unregistered) in the Site and Services, (subject to section 11.4 below) materials, information and content on the Site or accessed as part of the Services, any database operated by us, all the Site design, text, graphics, software, photos, video, music, sound, data, all software compilations, underlying source code and software (including applets and scripts), and all their selection, coordination, arrangement and enhancement shall remain our property (or that of our licensors). You shall not, and shall not attempt to obtain any ownership or title to any such property. All rights are reserved.
11.2. None of the material listed in section 11.1 above, in whole or in part, may be reproduced, distributed, copied, modified, distributed, published, downloaded, displayed, posted, performed or transmitted in any form or by any means, sold, rented, re-sold, licensed or sub-licensed, used to create derivative works, or in any way exploited without the prior express written permission of the iWorship.co.za Network or the copyright owner, except as otherwise expressly stated under copyright law. You may, however, retrieve and display the content of the Site on a computer screen, store such content in electronic form (but not on any server or other storage device connected to a network). You may not otherwise reproduce, modify, copy, distribute, display, perform or use for commercial purposes any of the materials, information or content on the Site without our permission. If downloading, copying, redistribution, retransmission or publication of copyrighted material is permitted by law, you will make independent attribution and/or make no changes in or deletion of any author attribution, trademark legend or copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Any violation of these restrictions may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and/or criminal penalties. In addition, you may not make any use that exceeds or violates this Agreement.
11.3. “iWorship.co.za”, the iWorship.co.za logos and variations thereof found on the Site are trademarks owned by the iWorship.co.za Network and all use of these marks inures to the benefit of the iWorship.co.za Network. Other marks on the site not owned by the iWorship.co.za Network may be under license from the trademark owner thereof, in which case such license is for the exclusive benefit and use of the iWorship.co.za Network unless otherwise stated, or may be the property of their respective owners. You may not use the iWorship.co.za Network’s names, logos, trademarks or brands without the iWorship.co.za Network’s express permission.
11.4. Title, ownership rights and intellectual property rights in and to the content accessed using the Site and Services is the property of the applicable content owner or Merchant and may be protected by applicable copyright, trademark or other law. This Agreement gives you no rights to such content except for the licenses granted herein.
11.5. Except in respect of User Content, the authors of the literary and artistic works in the pages in the Site have asserted their moral rights to be identified as the author of those works.
11.6. Any material you transmit or post or submit to the Site (or otherwise to us) shall be considered (and we may treat it as) non-confidential and non-proprietary, subject to section 3, our obligations under data protection legislation and subject to any payment details you provide for the purpose of making a payment. If for some reason, any part of that statement does not work as a matter of law, then for anything which you supply to us from whatever source (i.e., via email, the Site or otherwise) you grant us a royalty-free, perpetual, irrevocable, sub-licensable, fully paid-up, transferrable, non-exclusive right to use, copy, modify, adapt, translate, publish, distribute, display and perform world-wide any such material, and in any form, media or technology, whether now known or hereinafter developed, and to sublicense such rights through multiple tiers of sublicensees, all without compensation to you, for the purpose of operating the Site and providing the Services.
12.1. Interpretation: In this Agreement:
12.1.1. words denoting persons includes natural persons, partnerships, limited liability partnerships, bodies corporate and unincorporated associations of persons;
12.1.2. section headings such as (“12. GENERAL” at the start of this section) and section titles (such as “Interpretation:” at the start of this section 12.1) are purely for ease of reference and do not form part of or affect the interpretation of this Agreement; and
12.1.3. references to “include” and “including” shall be deemed to mean respectively “include(s) without limitation” and “including without limitation”.
12.2. No partnership/agency: Nothing in this Agreement shall be construed to create a joint venture, partnership or agency relationship between you and us and neither party shall have the right or authority to incur any liability, debt or cost or enter into any contracts or other arrangements in the name of or on behalf of the other.
12.3. No other terms: Except as expressly stated in this Agreement, all warranties, conditions and other terms, whether express or implied, by statute, common law or otherwise are hereby excluded to the fullest extent permitted by law.
12.4. Assignment: You may not assign or delegate or otherwise deal with all or any of your rights or obligations under this Agreement. We shall have the right to assign or otherwise delegate all or any of our rights or obligations under this Agreement to any person.
12.5. Events beyond our reasonable control: We shall not be liable for any breach of our obligations under this Agreement where we are hindered or prevented from carrying out our obligations by any cause outside our reasonable control.
12.6. No waiver: No waiver by us of any default of yours under this Agreement shall operate or be construed as a waiver by us of any future defaults, whether of a like or different character. No granting of time or other forbearance or indulgence by us to you shall in any way release, discharge or otherwise affect your Liability under this Agreement.
12.7. Notices: Unless otherwise stated within this Agreement, notices to be given to either party shall be in writing and shall be delivered by hand, electronic mail (other than, if you are sending a notice to us for the purpose of legal process) sent by fax or by pre-paid post, to you at the address you supplied to us or to us at our registered office.
12.8. No Third party rights: All provisions of this Agreement apply equally to and are for the benefit of the iWorship.co.za Network and third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf (save that this Agreement may be varied or rescinded without the consent of those parties). Subject to the previous sentence, no term of this Agreement is otherwise enforceable by any person who is not a party to it. This means that other than as set out in the first sentence above, you and us are the only people who can enforce the terms of this Agreement.
12.9. Survival: In any event, the provisions of sections 1, 3, 4, 7, 11, 12 and 13 of this Agreement, together with those provisions that either are expressed to survive its expiry or termination or from their nature or context it is contemplated that they are to survive such termination, shall survive termination of the Agreement. In the event you use the Services or Site again, then the provisions of the terms and conditions that then apply will govern your re-use of the Services or Site. In the event you use Vouchers bought under this Agreement, then those provisions applicable to Vouchers will survive termination of this Agreement.
12.10. Severability: If any provision of this Agreement is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and where capable the validity and enforceability of the remaining provisions of this agreement shall not be affected.
12.11. Governing law: We will do our best to resolve any disputes about this Agreement. If you wish to bring a legal claim against us, this Agreement (and all non-contractual relationships between you and us) shall be governed by and construed in accordance with South African law and both parties hereby submit to the exclusive jurisdiction of the competent courts of South Africa.
In this Agreement, we use various defined terms. You will know they are defined because they begin with a capital letter. This is what they mean:
“Account” means your iWorship.co.za Account.
“Liability” means liability in or for any cause of action whatsoever (including breach of contract, tort, misrepresentation, restitution or any other cause of action whatsoever) relating to or arising under or in connection with this Agreement (including liability expressly provided for under this Agreement or arising by reason of the invalidity or unenforceability of any term of this Agreement) – and for the purposes of this definition, all references to “Agreement” shall be deemed to include any collateral contract.
“Merchant” means a Seller of Products for which a Voucher can be redeemed. A Merchant is NOT any of the Sellers or iWorship.co.za
“Site” means websites, mobile applications, electronic communications or services, social networking sites, or any individual, business partner-specific, merchant-specific, city-specific, or other area-specific websites that link to or reference these terms of use.
“Register” means to create an Account on the Site, and “Registration” means the action of creating an Account.
“Services” means all or any of the services provided by iWorship.co.za via the Site (or via other electronic – or other – communication from iWorship.co.za) including mobile applications, our newsletter, emails we send you and the information services, content and transaction capabilities on the Site (including the ability to make a purchase or payment) and any event or content provided by authorised third parties.
“Voucher” means a voucher which is sold by the Sellers and can be exchanged for Products from a relevant Merchant, subject to terms and conditions listed on the Voucher itself and/or on the deal page of the Site from which the Voucher was purchased.
“Products ” means goods and/or services which are described as part of a Voucher (and for which a Voucher can be redeemed).
“Content” means any and all content, including, but not limited to, text, video, lyrics, musical works, graphics, training material, training courses, recorded audio and any other content that may be published on this Site.
iWorship.co.za Privacy Statement
Effective Date: 2019/01/23
This Privacy Statement (“Privacy Statement”) explains how iWorship.co.za (“iWorship.co.za”, “us”, “our”, and “we”), collects, processes and uses information about you. We are the operator of this website, and a provider of a range of services thereto. We provide a platform where we may list offers for local services, goods and training which are made available by us or other sellers (collectively: “Sellers”). This Privacy Statement applies to information we collect through our website, mobile application, electronic communications or services or other websites we offer and that link to or specifically reference the applicability of this Privacy Statement (collectively, the “Site”). Throughout this document, we will refer to us and our affiliates as the “iWorship.co.za Network”.
We will routinely update this Privacy Statement to clarify our practices and to reflect new or different privacy practices, such as when we add new services, functionality or features to the Site. If we make any material changes we will notify you, either by email (sent to the email address specified in your account), by means of notice on the Site or otherwise. You can determine when this version of the Privacy Statement was adopted by referring to the “Effective Date” above.
We may collect and retain the following information from and about you if you interact with us through the Site:
your email address and Site password (password encrypted and not visible to us);
your payment details, billing and delivery addresses;
your phone numbers;
your location, browser type and operating system, website browsing patterns (e.g., through cookies) and purchase history;
other information you actively submit to us or we can determine about you based on your interactions with our Site and services.
You may interact with us, for example, if you:
register, subscribe, authorise the transfer of, or create an account with us;
open or respond to emails;
provide information to enrol or participate in programs provided on behalf of, or together with affiliates, distributors, resellers and other partners, with your consent or as necessary to provide services you have requested;
visit any page online that displays our ads or content;
purchase products or services on or through the Site;
interact or connect with or link to the Site via integrated social networking tools; and
post comments to the Site.
You can manage the types of personal data you provide to us and can limit how we communicate with you.
You can manage your email and notice preferences by logging into your account through the Site or by adjusting the settings in our mobile application. You can also manage your subscriptions by following subscription management instructions contained in most emails that we send you. You may choose to subscribe to some types of messages, and may choose not to subscribe to, or to unsubscribe from, others. You may update your subscription preferences at any time. Please note that even if you decide not to subscribe to, or to unsubscribe, from promotional email messages, we may still need to contact you with important transactional information related to your account and your purchases. For example, even if you have unsubscribed from our promotional email messages, we will still send you confirmations when you make purchases on the Site or engage in training programmes.
You may manage how your browser handles cookies by adjusting its privacy and security settings. Browsers are different, so refer to instructions related to your browser to learn about cookie-related and other privacy and security settings that may be available. Please refer to our Cookies Policy for more information. You may also manage how your mobile device and mobile browser share information on and about your devices with us, as well as how your mobile browser handles cookies by adjusting the privacy and security settings on your mobile device. Please refer to instructions provided by your mobile service provider and the manufacturer of your device to learn how to adjust your settings.
You may also manage the sharing of certain personal data with us when you connect with us through social networking platforms or applications. Please refer to Section 9 below and also the privacy policy and settings of the social networking website or application to determine how you may adjust our permissions and manage the interactivity between us and your social networking account or your mobile device.
If you register for customised email newsletters containing offers for local services, goods and travel, we will work to make information more relevant for you and customise newsletters based on information you share with us, your location, website browsing preferences (for example, through cookies), purchase- and study- history or based on other attributes of your relationship with us. You can reject and delete cookies and unsubscribe from newsletters at any time by clicking links in each newsletter that you wish to unsubscribe from.
We process personal data for the following purposes:
Operate, maintain and improve the Site;
Provide you with personalised direct informational communication via email and direct marketing offers, including outside of business hours;
Facilitate and process orders – for example, for vouchers and other goods and services;
Determine your eligibility for certain types of offers, products or services that may be of interest to you, and analyse advertising effectiveness;
Answer your questions and respond to your requests;
To establish and analyse individual and group profiles and customer behaviour
Communicate and provide additional information that may be of interest to you about us, and our partners or affiliates;
Send you reminders, technical notices, updates, security alerts, support and administrative messages, service bulletins, marketing messages, and requested information, including on behalf of partners or affiliates;
Administer rewards, surveys, contests, or other promotional activities or events;
Manage our everyday business needs, such as administration of the Site, forum management, fulfilment, analytics, fraud prevention, and enforcement of our corporate reporting obligations and Terms of Use or to comply with the law;
Comply with our legal obligations, resolve disputes, and enforce our agreements:
Allow you to apply for a job, post a video or sign up for special offers from the iWorship.co.za Network through the Site; and to
Enhance other information we have about you to help us better understand you, determine your interests and provide you with more relevant and compelling services.
We are not in the business of selling or renting personal data. We will not share your personal data, except as follows:
with affiliated and unaffiliated service providers within and outside of South Africa, including, without limitation, iWorship.co.za , to provide services for us, subject to strict contractual obligations to protect your personal data and process it on our behalf and under our control only;
to report or collect on debts owed to us or other business partners;
as necessary to perform contractual obligations towards you with business partners to the extent you have purchased or redeemed an iWorship.co.za voucher, goods or services offered by ourselves, a business partner or participated in an offer, rewards, contest or other activity or program sponsored or offered through us or the Sellers on behalf of a business partner;
in case of a merger, acquisition or reorganisation with a purchaser of iWorship.co.za, or all or substantially all of our assets;
to comply with legal orders and government requests, or as needed to support auditing, compliance, and corporate governance functions;
to combat fraud or criminal activity, and to protect our rights or those of our affiliates, business partners and users, or as part of legal proceedings affecting the iWorship.co.za Network;
in response to a subpoena, or similar legal process, including to law enforcement agencies, regulators, and courts, or
with your consent or as otherwise required or permitted by law.
You provide us with personal data when you register, enrol, subscribe, create an account, make a purchase or redeem vouchers or otherwise contact us or communicate with us actively. For example, you provide personal data to us when you contact us online for customer service and other support using self-help tools, such as email, text, or by posting to online communities.
You also provide personal data to us when you interact with the Site via cookies and other technologies as described in our Cookies Policy.
We have implemented an information security program that contains administrative, technical and physical controls that are designed to safeguard your personal data, including industry-standard encryption technology.
You can access, update, rectify, and delete your information you provided to us in your profile by logging into your account or sending us an email at engage@iWorship.co.za. Keeping your personal data current helps ensure that we can respect your preferences and offer you the goods and services that are most relevant to you.
In accordance with applicable law, you may (i) request access to any other personal data we hold about you and request that it be updated, rectified, deleted or blocked, (ii) request that we refrain from further use of any personal data we hold about you, and (iii) object to our creation of user profiles about you. If you have any questions or comments about our privacy practices or this Privacy Statement, if you want to make use of any of the above rights, or other rights that you may have in relation to your personal data if you wish to close your iWorship.co.za account or if you have other questions or requests, please email us at engage@iWorship.co.za.
While we are ready to assist you in managing your subscriptions, closing your account, and removing your active profile, we cannot always delete records of past interactions and transactions. For example, we are required to retain records relating to previous purchases on the Site for financial reporting and compliance reasons.
We will retain your personal data for as long as your account is active or as needed to provide you services and to maintain a record of your transactions for financial reporting purposes. We will also retain your personal data as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
The Site may contain connections to areas where you may be able to publicly post information, communicate with others such as discussion boards or blogs, review products, and otherwise submit your own original content. Prior to posting in these areas, please read our Terms of Use carefully. All the information you post may be accessible to anyone with Internet access, and any information you include in your posting may be read, collected, and used by others. For example, if you post your email address along with a public restaurant review, you may receive unsolicited messages from other parties.
Apart from offering our own social network, we offer social networking users the opportunity to interact with friends and to share on social networks. If you are logged into both the Site and a social network, when you use the Site’s social networking connection functions, you may connect your social network account with your iWorship.co.za account (this happens automatically, if the email addresses match). If the email addresses do not match, we may ask you if you want to link them and you must validate that you control the accounts. If you are already logged into the Site but not logged into your social network site, when you use the Site’s social network connection functions, you will be prompted to enter your social network website credentials or to sign up for the social network.
If you are not currently registered as a iWorship.co.za user and you use the Site’s social network connection functions, you will first be asked to enter your social network credentials and then be given the option to register and join iWorship.co.za. Once you register with us and connect with the social network, you will be able to automatically post recent iWorship.co.za activity back to your social network. Please refer to the privacy settings in your social network account to manage the data that is shared through your account.
By using the Site’s social network connection function, you will grant us permission to access all of the elements of your social network profile information that you have made available to be shared (as per the settings chosen by you in your social network profile) and to use it in accordance with the social network’s terms of use and this Privacy Statement.
This Privacy Statement only addresses the collection, processing and use (including disclosure) of information by us through your interaction with the Site. Other websites that may be accessible through links from the Site may have their own privacy statements and personal information collection, processing, use, and disclosure practices. Our business partners or affiliates may also have their own privacy statements. We encourage you to familiarise yourself with the privacy statements provided by these other parties prior to providing them with information or taking advantage of a sponsored offer or promotion.
To view other terms and conditions relating to our Social Community and your profile registered on it, please click here.