TERMS AND CONDITIONS GOVERNING THE USE OF THE ENRICH WEB-PLAYER

 

Privacy Policy

 

  1. You consent to enrich (defined below) collecting the following anonymous date: (a) the IP address of the device that uses the Player Service (defined below); (b) a record of the podcasts consumed by the device; and (c) usage data from your usage of the Player Service. The anonymous usage data will be used only by enrich to improve the Player Service, detect coding errors and conduct any other activities which do not violate your privacy,

 

Introduction

 

  1. By accessing or using the enrich web-player (hereinafter referred to as the “Player Service”) you agree to be bound by these terms and conditions of use which include terms related to your privacy (“Terms of Use”), which are effective on 1 March 2020

 

  1. The Service is distributed under license by Snapimm (Proprietary) Limited (Registration Number 2014/273054/07) (hereinafter referred to as “enrich“), a wholly owned subsidiary of Idealounge (Proprietary) Limited.

 

  1. These Terms of Use affect your legal rights and obligations. If you do not agree to be bound by all of these Terms of Use, do not access or use the Service. Use of the Service shall constitute acceptance of these terms and conditions.

 

  1. These Terms of Use were written in English. To the extent any translated version of these Terms of Use conflicts with the English version, the English version controls.

 

General Conditions and Terms of Usage

 

  1. You acknowledge that enrich provides a software and services (hereinafter referred to as “Content Distribution Service”) that has been specifically designed and marketed to Distributors and others who produce audio visual content for distribution (hereinafter referred to as “Distributor”), who wish to provide to you an enriched experience through the provision of interactive audio slides and videos.

 

  1. You acknowledge that enrich does have ownership of any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, “Distributor’s Content”) that is displayed / published by third party Distributors using the Content Distribution Service. Instead, enrich operates off terms and conditions (add hyper link to terms) that include a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to share the third party Distributors.

 

  1. Enrich draw to your specific attention that all Distributors have undertaken inter alia:

 

  • not to use the Content Distribution Service “for the purposes of creating and/or disseminating violent, political instability, insurrection, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other offensive content”;

 

  • not to use the Content Distribution Service “to create and/or disseminating any fake information or fake news” and to “exercise prior reasonable care to check the facts contained in the information you create and/or disseminate”.

 

  • Not to “infringe other people’s copyright or any other intellectual property rights”

 

  1. The enrich name and logo are trademarks of enrich, and may not be copied, imitated or used, in whole or in part, without the prior written permission of enrich, In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of enrich, and may not be copied, imitated or used, in whole or in part, without prior written permission from enrich.

 

  1. We reserve the right to modify or terminate the Service or your access to the Service for any reason, without notice, at any time, and without liability to you.

 

  1. We reserve the right, in our sole discretion, to change these Terms of Use (“Updated Terms”) from time to time.

 

  1. There may be links from the Player Service, or from Distributor’s Content you receive from the Service, to third-party web sites or features. There may also be links to third-party web sites or features in images or comments within the Content Distribution Service. The Player Service also includes third-party content that we do not control, maintain or endorse. Functionality on the Player Service may also permit interactions between the Content Distribution Service or Player Service and a third-party web site or feature, including applications that connect the Service or your profile on the Service with a third-party web site or feature. For example, the Player Service may include a feature that enables you to share Distributor’s Content from the Player Service with a third party, which may be publicly posted on that third party’s service or application. enrich does not control any of these third-party web services or any of their content. You expressly acknowledge and agree that enrich is in no way responsible or liable for any such third-party services or features. Your correspondence and business dealings with third parties through the service are solely between you and the third party. You may choose, at your sole and absolute discretion and risk, to use applications that connect the Player Service with a third-party service (each, an “Application”) and such Application may interact with, connect to or gather and/or pull information from and to you. By using such Applications, you acknowledge and agree to the following: (i) if you use an Application to share information, you are consenting to information about you and your usage of the Player Service being shared; (ii) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if enrich has not itself provided such information; and (iii) your use of an Application is at your own option and risk, and you will hold the enrich Parties (defined below) harmless for activity related to the Application.

 

  1. You agree that you are responsible for all data charges you incur through use of the Service.

 

Management of Distributor’s Content.

 

  1. You acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure, and you waive all rights of whatsoever nature that you may have to claim for any loss resulting from breaches from security.

 

  1. You agree that enrich is not responsible for, and does not endorse, Distributor’s Content published/transmitted within the Service. enrich does not have any obligation to prescreen, monitor, edit, any Content. If your Content violates these Terms of Use, you may bear legal responsibility for that Content. Except as otherwise described in the Player’s Service’s Privacy Policy, as between you and enrich, any Content will be non-confidential and non-proprietary and we will not be liable for any use or disclosure of Content. You acknowledge and agree that your relationship with enrich is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit and publish any Content does not place enrich in a position that is any different from the position held by members of the general public, including with regard to your Content. None of your Content will be subject to any obligation of confidence on the part of enrich, and enrich will not be liable for any use or disclosure of any Content you provide by a third party

 

Disclaimer of Warranties

 

  1. The Player Service, including, without limitation, any Distributor’s Content that is displayed / published by Distributors, is provided on an “as is”, “as available ” and “with all faults” basis. To the fullest extent permissible by law, neither enrich nor any of their employees, manages, offices or agents (collectively the “enrich Parties”) make any representations or warranties or endorsements of any kind whatsoever, express or implied, as to: (a) the Service, its functionality/usability; or (b) the Distributor’s Content displayed / published. In addition, enrich hereby excludes all warrantees, express or implied, including, but not limited to, the warranties of merchantability, fitness for a particular purpose non-infringement and freedom from computer virus.

 

  1. The enrich Parties do not represent or warrant the Player Service will be error free or uninterrupted; that that defects will be corrected; or that the Service or the server that enables the Service is free from any harmful components, including, without limitation, viruses; or that the Service or the server that enables the service is free from any exposure to being hacked or being unlawfully interfered with.

 

  1. The enrich Parties do not make any representations or warranties that the information (including any instructions) on the Service is accurate, complete or useful. You acknowledge that your use of the Service is at you sole risk.

 

  1. The enrich Parties do not warrant that your use of the Service is lawful in any particular jurisdiction, and the enrich Parties specifically exclude such warranties. Some jurisdictions limit or do not all the disclaimer of implied or other warranties so the disclaimer may not apply to you and these terms of use.

 

  1. The enrich Parties do not endorse any content published and uploaded by the user and specifically excludes any responsibility and/or liability to any person or entity for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character based upon or resulting from any content.

 

Limitation of Liability; Waiver 

 

  1. Under no circumstances will the enrich Parties be liable to you for any loss or damages of any kind (including, without limitation, for any direct, indirect, economic, exemplary, special, punitive, incidental or consequential losses or damages) that are directly or indirectly related to: (a) the Service; (b) the enrich Content; (c) user Content; (d) your use of, inability to use, or the performance of the Service; (e) any action taken in connection with an investigation by the enrich Parties or law enforcement authorities regarding your or any other party’s use of the Service; (f) any action taken in connection with copyright or other intellectual property owners; (g) any errors or omissions in the Service’s operation; or (h) any damage to any user’s computer, mobile device, or other equipment or technology including, without limitation, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction, even if foreseeable or even if the enrich Parties have been advised of or should have known of the possibility of such damages, whether in an action of contract, negligence, strict liability or tort/delict (including, without limitation, whether caused in whole or in part by negligence, acts of God, telecommunications failure, or theft or destruction of the Service). In no event will the enrich Parties be liable to you or anyone else for loss, damage or injury, including, without limitation, death or personal injury. Some countries and states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event will the enrichParties total liability to you for all damages, losses or causes or action exceed one hundred United States dollars ($100.00).

 

  1. You agree that in the event you incur any damages, losses or injuries that arise out of enrich‘s acts or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of any web site, service, property, product or other content owned or controlled by the enrich Parties, and you will have no rights to encourage or restrain the development, production, distribution, advertising, exhibition or exploitation of any web site, property, product, service, or other content owned or controlled by the enrich

 

  1. By accessing the Service, you understand that you may be waiving rights with respect to claims that are at this time unknown or unsuspected, and in accordance with such waiver, you acknowledge that you have read and understand, and hereby expressly waive any benefit from any law that may assist you in this regard.

 

  1. enrich is not responsible for the actions, content, information, or data of third parties, and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties

 

Indemnification

 

  1. You (and also any third party for whom you operate an account or activity on the Service) agree to defend (at enrich‘s request), indemnify and hold the enrich Parties harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Service or those conducted on your behalf): (i) your Content or your access to or use of the Service; (ii) your breach or alleged breach of these Terms of Use; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by enrich in the defense of any claim. enrich reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of enrich.

 

Arbitration

 

  1. Except if you opt-out or for disputes relating to: (1) your or enrich‘s intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights and patents); (2) violations of the API Terms; or (3) violations of provisions 13 or 15 of the Basic Terms of Usage, above (“Excluded Disputes”), you agree that all disputes between you and enrich (whether or not such dispute involves a third party) with regard to your relationship with enrich, including without limitation disputes related to these Terms of Use, your use of the Service, and/or rights of privacy and/or publicity, will be resolved by binding, individual arbitration under the South African Arbitrations law (as provided in the Arbitration Act 42 of 1965 as amended or replaced), and you waive all rights you may have to participate in a class action law suit or class wide arbitration

 

  1. You may opt out of this agreement to arbitrate. If you do so, neither you nor enrich can require the other to participate in an arbitration proceeding. To opt out, you must notify enrich in writing within 30 days of the date that you first became subject to this arbitration provision. To opt out, you must email optoutofagreement@enrich.fm and use heading entitled “Arbitration Opt-out”

 

  1. You must include your name and residence address, the email address you use for your enrich account, and a clear statement that you want to opt out of this arbitration agreement.

 

  1. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with enrich.

 

Time Limitation on Claims

 

  1. You agree that any claim you may have arising out of or related to your relationship with enrich must be filed within one year after such claim arose; otherwise, your claim is permanently barred.

 

Communications

 

  1. You undertake to maintain access to your email account, that is the email address which is also your Username, and any communication sent to this email address shall be deemed to have been received by you.

 

  1. With the exception of general correspondence with enrich which can be sent to info@enrich.fm and an election to opt-out of the arbitration clause as noted above, all correspondence of any legal kind shall only be deemed to have been received when sent by registered post to Suite 11A, Westlake Square, Westlake Drive, Westlake, Cape Town, South Africa, 7945.

Governing Law & Venue

  1. These Terms of Use are governed by and construed in accordance with the laws of South Africa, without giving effect to any principles of conflicts of law and will specifically not be governed by the united nations conventions on contracts for the international sale of goods, if otherwise applicable. For any action at law or in equity relating to the arbitration provision of these Terms of Use, the Excluded Disputes or if you opt out of the agreement to arbitrate, you agree to resolve any dispute you have with enrich exclusively in Western Cape High Court, Western Cape Province, South Africa for the purpose of litigating all such disputes.

 

  1. If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable during arbitration or by a court of competent jurisdiction, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. enrich’s failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition. enrich reserves the right to change this dispute resolution provision, but any such changes will not apply to disputes arising before the effective date of the amendment. This dispute resolution provision will survive the termination of any or all of your transactions with enrich.

 

Entire Agreement

 

  1. If you are using the Service on behalf of a legal entity, you represent that you are authorized to enter into an agreement on behalf of that legal entity. These Terms of Use constitute the entire agreement between you and enrich and governs your use of the Service, superseding any prior agreements between you and enrich. Any purported assignment or delegation by you without the appropriate prior written consent of enrich will be null and void. enrich may assign these Terms of Use or any rights hereunder without your consent. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid or otherwise unenforceable, the parties nevertheless agree that such portion will be deemed severable from these Terms of Use and will not affect the validity and enforceability of the remaining provisions, and the remaining provisions of the Terms of Use remain in full force and effect. Neither the course of conduct between the parties nor trade practice will act to modify the Terms of Use. These Terms of Use do not confer any third-party beneficiary rights.

 

  1. This document embodies the entire agreement between the parties relating to the matters dealt with herein and each party acknowledges that in entering this agreement it has not relied on and shall have no right or remedy in respect of, any statement, representation, assurance or warranty (whether made negligently or innocently) except as incorporated herein.

 

  1. Each of the parties warrants that it has power to enter into this agreement and has obtained all the necessary approvals to do so.

 

  1. You will not assign the Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of enrich.

 

  1. Save as may be contained herein, this agreement is not subject to any suspensive or resolutive conditions either preventing or postponing the coming into operation hereof.

 

  1. None of the terms and conditions of this agreement is capable of being waived, amended, added to or deleted, unless such waiver, amendment, addition or deletion is reduced to writing and is signed by the parties hereto.

 

  1. No indulgence on the part of any party in exercising any right conferred upon such party in terms of this agreement shall constitute a waiver or novation of any such right, nor shall any single or partial exercise of any right preclude any other or future exercise thereof or the exercise of any other right under this agreement.

 

  1. If any provision of this agreement (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed not to form part of this agreement, and the validity and enforceability of the other provisions of this agreement shall not be affected.

Territorial Restrictions

  1. The information provided within the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject enrich to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Service or any portion of the Service, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that enrich

 

  1. Software related to or made available by the Service may be subject to United States export controls. Thus, no software from the Service may be downloaded, exported or re-exported: (a) into (or to a national or resident of) any country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading any software related to the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.