Last modified on: 18 May 2017

Acceptance of This Agreement

Your access to and use of this website (Glow.digital) and the underlying services of the Publisher together known as “the Website” is subject exclusively to the Terms and Conditions contained within this agreement. You (“the User”) will not use the Website for any purpose that is unlawful, inappropriate, unsafe, misleading or prohibited by these Terms and Conditions. By using the Website you agree and accept the terms, conditions and disclaimers contained in this agreement. If you do not accept these Terms and Conditions you must immediately stop using the Website.

Advice

The content of the Website does not constitute advice and should not be relied upon in making or refraining from making, any decision.

Advertising

All supplied information and content will be reviewed, either before or after publishing to ensure that it meets our requirements for quality and the terms within this agreement. There could be a delay from your submission to the information being publically available; however, we will make every effort to process the information as fast as possible. We reserve all rights to not publish any content should we feel it is inappropriate or not in line with our values and beliefs.

Changes to the Website, Software, and Services

The Publisher reserves the right to;

  1. change or remove (temporarily or permanently) any part of the Website without notice and you confirm that the Publisher shall not be liable to you for any such change or removal.
  2. change, remove, or discontinue any software, service, or promotion (including but not limited to any provisions, parts thereof, licensing, pricing) as advertised on this website at any time without notice and you confirm that the Publisher shall not be liable for any such change or removal.
  3. change or discontinue any promotional discount vouchers or coupon codes at any time without notice and you confirm that The Publisher  shall not be liable for any such change or removal.
  4. change this Agreement at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such change.

Eligibility and Registration Data

You must be 18 years of age or older to use the Website. To use certain features of the Website, you must register for an account. By registering for an account, you represent and warrant that any information that you submit is true and accurate, that you are 18 years of age or older and are fully able and competent to enter into, and abide by these Terms. You further agree to

  • (a) provide accurate, current and complete information about you as may be prompted by any signup, login and/or registration forms within our registration process (“Registration Data”);
  • (b) maintain the security of your password and identification;
  • (c) maintain and promptly update the Registration Data, and any other information you provide to us, to keep it accurate, current and complete;
  • (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to us; and
  • (e) notify us immediately of any unauthorized use of your account or any other breach of security by filling in the contact form.

Use of the Website and services is void where prohibited.

Free Trial

We may offer free trials for selected features of the Website. Once your free trial period ends, your ability to access some, or the entire Website, will terminate. We reserve the right to determine if you are eligible for a free trial and to discontinue any free trial without notice for any or no reason. Some free trials may require payment information in order to continue. Should you not cancel your trial prior to the subscription date becoming active, you will be liable for the subscription fee.

Fees and Payment

We may now or in the future charge a fee for certain content, subscriptions, access or service offerings, either on a one-time or subscription basis. When you purchase a service that has a fee, you have an opportunity to review and accept the fees that you will be charged, which we may change from time to time. Changes to the fee schedule are effective upon posting the changes on the Website. We may choose to temporarily change the fees for services for promotional events or new services, and such changes are effective when such temporary promotional events or new services are posted on the Website.

When you purchase any service that has a fee, you authorize us or our third party payment processors to charge the credit card or payment platform identified by you for the full amount of the applicable fees and all applicable taxes and you represent and warrant that you are authorized to use such credit card for the purpose of purchasing such service. We never store your credit card details; however our payment processing partners (e.g. PayPal) may do so.  If we do not receive payment from your credit card or payment platform provider, you agree to pay all amounts due upon demand, and acknowledge that we may suspend your access to the Website in the event such amounts are not timely paid. All sales are final, and we will not issue any refunds, including refunds for prepaid monthly or annual fees. Unless otherwise stated, all fees are quoted in U.S. Dollars.

For physical products that require shipment, we will charge a shipping fee based on the User’s preference. Product availability may vary over time, or may change due to uncontrollable 3rd party supplier changes. In such cases a refund may be arranged, or an alternative product option offered, or the order could be cancelled and a refund given. In some cases, the order may be put on a backorder, until the supplier can re-supply the product. Once shipped, no refund or cancellation will be accepted. Should the product be defective and not covered by the courier or shipping insurance, a replacement or refund can be requested. This request must be received in writing (electronically), within 2 days of delivery of the product.  This is subject to confirmation by the publisher based on a case for case review. The original product, or appropriate photos of the product and or defect should be supplied.

Links to Third Party Websites

The Website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.

Links from Third Party Websites

The Website allows links from legal and respectable third party websites subject to the following conditions:

  1. Links pointing to this website should not be misleading.
  2. Appropriate link text should always be used.
  3. From time to time the URL structure of this website may be updated, and unless agreed to in writing, all links should point to this sites root home page.
  4. You may not imply any relationship, agency or association with the Website.
  5. You must not link to this website or frame the content using any inline frame technique or use any similar technology in relation to the content of this website.
  6. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and we should not be regarded as the publisher of such opinions or material.
  7. Please be aware that we are not responsible for the privacy practices, or content, of other sites.
  8. If you do create a link to a page of this website you do so at your own risk and the terms and limitations set out in this agreement will apply to your use of this website by linking to it

Copyright

The Intellectual Property Rights in this website and the materials on or accessible via it belong to the Publisher or its licensors. This website and the materials on or accessible via it and the Intellectual Property Rights therein may not be copied, distributed, published, licensed, used or reproduced in any way (save to the extent strictly necessary for, and for the purposes of, accessing and using this website).

Flintfish, Flintfish Media, Flintfish.com and Flintfish.org logos are trademarks which belong to the Publisher and they may not be used, copied or reproduced in any way without written consent from the Publisher.

For these purposes “Intellectual Property Rights” includes, but is not limited to the following (wherever and whenever arising and for the full term of each of them): any patent, trade mark, trade name, service mark, service name, design, design right, copyright, database right, moral rights, know how, trade secret and other confidential information, rights in the nature of any of these items in any country, rights in the nature of unfair competition rights and rights to sue for passing off or other similar intellectual or commercial right (in each case whether or not registered or registrable) and registrations of and applications to register any of them.

Limitation of Liability / Disclaimers

The Website is provided on an “AS IS” and “AS AVAILABLE” basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

To the extent permitted by law, neither the Publisher nor our partners shall be liable for any direct, indirect, incidental, special, or consequential damages or loss arising out of the use of or inability to use the Website, even if we have been advised of the possibility of such damages.

The Publisher makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.

Some countries and states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such countries and states, The Publisher’s liability and that of our partners and their respective agents shall be limited to the greatest extent permitted by law.

Indemnity

You hereby agree to indemnify, defend and hold the Publisher and all of our officers, directors, owners, employees, agents, information providers, affiliates, partners, and licensors (collectively, the “the Publisher Partners”) harmless from and against any and all liability, losses, costs, and expenses (including attorneys’ fees) incurred in connection with any claim, including, but not limited to, claims for defamation, violation of rights of publicity and/or privacy, copyright infringement, or trademark infringement arising out of:

  1. your use the Website;
  2. any use or alleged use of your accounts or your passwords by any person, whether or not authorized by you;
  3. the content, the quality, or the performance of content that you submit to the Website;
  4. any breach by you of these Terms and Conditions

Termination

The Publisher may terminate or suspend access to the Website or our Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms and Conditions, or the spirit of this statement, or place the Publisher at any risk. All provisions of the Terms and Conditions which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Privacy

Please see our privacy policy.

Consent to Electronic Communications

By accessing the Website and/or using the Services, you consent to receiving electronic communications from us. Such communications may include notices about your account and information concerning or relating to the Services. You agree that any electronic notices, agreements, disclosures or other communications will satisfy any legal communication requirements, including any requirements that such communications be in writing.

User Contributed Content

Certain sections of the Website may allow for user interaction, feedback, comments, opinions and contributions by the User, other users or visitors outside the influence of the Publisher. The Publisher does not endorse or agree or disagree with such content. We rely on user feedback to notify us of any content that may be constituted as abusing these terms. User Contributed Content may not:

  • contain, engage in, or link to, any illegal activities or the promotion of dangerous or illegal acts;
  • contain hate speech or speech that incites violence of any nature against any person or groups of people;
  • contain any content that the Publisher feels is inappropriate or offensive;

Any content and information uploaded, posted or supplied by you, the User, in any form on the Website, its servers, or to the Publisher via any means, shall be the sole responsibility of the User, to ensure that the User has all required copyright permissions and other permissions to supply such content and to grant the Publisher permission to publish it. The User retains all rights to the content and grants to the Publisher the following permission:

  1. The User grants the Publisher a non-exclusive, transferable, sub-licensable, worldwide, royalty-free license to use any of the supplied content in any form, and for any purpose, including publishing and promotion. This license does not end when the User deletes or requests that the content be deleted by the Publisher. Even when deleted, some content may remain in backup copies for a reasonable period of time, but will eventually be removed from the backups;
  2. The User supplies all content free of charge to the Publisher and should any dispute or fee arise, the User agrees to pay this fee;
  3. The information and content supplied by the User will be made available publicly to any visitor or user of the Website, unless clearly stated otherwise when capturing or uploading the content;
  4. The information and content supplied by the User can be used for advertising and promotion purposes. Accuracy of the information and responsibility for this information remains with the User;
  5. The Publisher may remove any information, or content supplied by the User at the Publisher’s discretion;

Severability

In the event that any provision of this Agreement is declared by any judicial or other competent authority to be void, voidable, illegal or otherwise unenforceable or indications of the same are received by either you or us from any relevant competent authority, we shall amend that provision in such reasonable manner as achieves the intention of the parties without illegality or, at our discretion, such provision may be severed from this Agreement and the remaining provisions of this Agreement shall remain in full force and effect.

Applicable Law and Dispute

This Agreement and all matters arising from it are governed by and construed in accordance with the laws of South Africa whose courts shall have exclusive jurisdiction over all disputes arising in connection with this Agreement and the place of performance of this Agreement is agreed by you to be South Africa.

Headings

Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.

Entire Agreement

These terms and conditions together with any documents expressly referred to in them, contain the entire Agreement between us relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral: between us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in this Agreement.

Ownership

Glow.digital, the Website and all intellectual property contained within the Website and software are owned by the Publisher, Gavin Lloyd. You can contact the Publisher via the Contact Us page of the Website.