TERMS & CONDITIONS
TABLE OF CONTENTS
Introduction and Important Notices
Language, Important Terms, Definitions, Concepts and Interpretation
Mediation, Arbitration and Jurisdiction
User Content and Lawful Use of This Website
Paid and Free Products or Services
Warranties, Limitation of Liability and Indemnity
Introduction and Important Notices
The Public Server is committed to creating an enjoyable experience for all of its users and to providing information in a manner that is appropriate, legal and fair.
The aim of this document is to delineate certain rules, guidelines and best practices that need to be understood and followed when interacting with us or using our website, and you, furthermore, agree to be bound by these Terms and Conditions by virtue of, inter alia, your visitation, consideration, navigation and use of thepublicserver.com.
Please read and understand these Terms and Conditions carefully before making use of our website.
Your continued dealings with, use of and reliance on this website and the contents thereof subsequent to any additions, updates or amendments to these Terms and Conditions, which alterations may be implemented at any time in our sole discretion without further notice to you, constitutes your deemed acceptance of said changes.
We may link to third party promotions, offers, products or services from time to time that, when selected, will redirect you away from our website, at which point you will no longer be bound by our Terms and Conditions or Privacy Policy.
Reference to updates made herein, if any, may be posted in this section but, although every effort is taken to be as precise as possible in conveying information to you, it is up to you to familiarize yourself with the contents hereof on a regular basis.
The aforegoing applies, mutatis mutandis, equally to all legal pages on TPS, specifically our “Disclaimer” and “Privacy Policy” pages, which you can be redirected to and review by clicking on their respective links, your acceptance of which is expressly incorporated into this document.
Language, Important Terms, Definitions, Concepts and Interpretation
Preliminary
Headings and sub-headings are for convenience and shall not be used in the interpretation hereof, unless the context clearly indicates a contrary intention.
Any expression which denotes any gender includes the alternative and neuter.
Unless the context clearly requires a different interpretation, any reference to:
the singular includes the plural and vice versa; and
natural persons includes juristic persons and vice versa.
The use of the word “including” followed by a specific example/s shall not be construed as limiting the meaning of the general wording preceding it and the eiusdem generis principle (i.e. the rule that a general word or clause is restricted in meaning to the same class as the specific words which precede it) shall not be applied in the interpretation of such general wording or such specific example/s.
Any reference to any statute, regulation or other legislation shall be a reference to that statute, regulation or other legislation as at the date hereof, and as amended or substituted from time to time.
The following words, expressions and/or phrases shall bear the meanings assigned to them and shall apply to all parts of this document:
TPS
Means the Public Server brand, inter alia, “this website”, “thepublicserver.com”, “the company”, “I”, “me”, “we”, “us”, “our” or “ourself” (all of which may be used interchangeably, unless the context clearly indicates otherwise).
User
Means any person who accesses, uses or otherwise interacts with TPS, inter alia, “the user”, “any user”, “users”, “you”, “your” or “yourself” (all of which may be used interchangeably, unless the context clearly indicates otherwise).
This Document
Means “this agreement” or this “Terms and Conditions” page (both of which may be used interchangeably, unless the context clearly indicates otherwise) and all of the content herein as well as, insofar as it is relevant, any other legal provision binding the users of TPS
The Effective Date
Means the date on which this document comes into effect, being 17 August 2020, binding all those subject to its provisions and encompassing any modifications hereto, from which date any continued use constitutes deemed acceptance of the contents of this document, as amended.
Minors
Means, inter alia, “a child”, “children”, “teenagers” or “adolescents”, (all of which may be used interchangeably, unless the context clearly indicates otherwise), and generally refers to any natural person under the age of 18 (eighteen) years.
Social Media
Means third-party platforms, handles, channels, websites, applications and accounts such as, inter alia, Facebook, Instagram and Twitter, which facilitate the creation, communication and consumption of digital content between individual account holders on each respective network.
Minors
This website, and all content thereof, is intended for adults over the age of 18. Minors, as defined in our Privacy Policy, are prohibited from using this website.
Mediation, Arbitration and Jurisdiction
You hereby waive your right to bring any legal claims (past, present or future) as a result of your access to, consideration or use of and/or reliance on this website and/or our products/services.
This document will, in all respects, be governed by and construed in accordance with the laws of the Republic of South Africa.
In the event of any dispute arising out of or relating to your use of this website, these Terms and Conditions shall be interpreted in accordance with the prevailing laws of the Republic of South Africa.
You, furthermore, consent and submit to the exclusive jurisdiction of the North Gauteng High Court of the Republic of South Africa in the adjudication of any dispute arising from or in connection with these Terms and Conditions, irrespective of any conflict of laws governing the parties or where the parties may be located or reside at the time a dispute arises..
You agree to attempt resolution of any dispute or claim herein through mediation and/or arbitration proceedings, prior to any legal action that may result herefrom, and you shall assume liability for the costs involved in such proceedings.
Your good faith and participation in such matters is a condition precedent to pursuing litigation or any other remedy available to you in law.
Moreover, you agree that the prevailing party to any proceedings, subsequent to unsuccessful arbitration, shall be entitled to recover reasonable fees, and other costs associated with such legal action, on an Attorney and own client scale.
Alternative Dispute Resolution
Prior to the initiation of formal arbitration procedures, and as soon as is reasonably possible after the aggrieved party brings the dispute to the attention of the other, the parties shall first attempt resolution of same, informally, by reference to mediation through a joint committee comprised of a single designated representative of each party, who shall have the authority of the party he/she represents, in an initial attempt to settle the dispute.
Should the designated representatives, within 5 (five) business days after the dispute has been referred to them, conclude, in good faith, that they are unable to settle the dispute or should either party have failed to appoint a designated representative on the written (including via email) request of the other within 5 (five) business days after being requested to do so, then the matter must be referred for arbitration, as outlined hereunder, prior to approaching any court in the Republic of South Africa that has the authority to hear any legal proceedings connected with these Terms and Conditions.
Arbitration
Subject to the aforegoing procedure, any dispute which may arise at any time between the parties relating to any matter in respect of this document or the interpretation thereof, shall, if not resolved by dispute resolution, be submitted to and finally decided by arbitration, in accordance with the Rules of the Arbitration Foundation of Southern Africa by an arbitrator or arbitrators appointed by the Foundation.
Either party may demand that a dispute be referred to arbitration by giving written (including via email) notice to that effect to the other.
The arbitration referred to above shall be held:
- In Johannesburg, South Africa in the English language; and
- Immediately, and with a view to it being completed within 15 (fifteen) business days after it is demanded; and
The parties irrevocably agree that the decision in arbitration proceedings:
- shall be final and binding upon them;
- shall be carried into effect; and
- may be made an order of any court of competent jurisdiction.
This clause is severable from the rest of this document and therefore shall remain effective between the parties even if any other provision herein is deemed invalid, unlawful or otherwise unenforceable.
Intellectual Property Rights
All content of TPS including, but not limited to: text, posts, logos, marks, graphics, files, materials, services, products, videos, audio, applications, computer code, designs, downloads and all other information here (collectively, the “Content”) is owned by TPS and is protected by copyright, trademark and other intellectual property and unfair competition laws, with the exception of Content from others that we have been lawfully permitted to use.
You are granted a limited revocable license to print or download Content from the website for your own personal, non-commercial, non-transferrable, informational and educational use only, but it is your obligation to ensure that, in doing such, you are not in violation of any copyright, trademark, and intellectual property or proprietary rights.
Furthermore, you agree not to copy, duplicate, steal, modify, publish, display, distribute, reproduce, store, transmit, post, create derivative works, reverse engineer, sell, rent or license any part of the Content, in any way, to anyone, without our prior written consent.
You agree to abide by the copyright, trademark laws and intellectual property rights and shall be solely responsible for any violations of these Terms and Conditions.
User Content and Lawful Use of This Website
In the event you provide, upload, display, post, transmit, send, email or submit Content to us, on our website or on any of our social media accounts, you hereby warrant that you are the lawful owner of that Content or have the express permission of the owner thereof to upload, display, post, transmit, send, email or submit said Content.
In the event you provide, upload, display, post, transmit, send, email or submit Content to us, on our website or on any of our social media accounts, for any purpose, you hereby grant us and/or our officers, employees, successors, shareholders, joint venture partners, or anyone else working with us, a royalty-free, perpetual, irrevocable, international, non-exclusive right and license to identify you, publish, post, reformat, copy, distribute, display, edit and reproduce this Content and you shall assume sole liability for any damages resulting from any infringement of copyrights, trademark or other proprietary rights of any Content or information that you have provided, made warranties of ownership (as above) and granted us free licence to use.
You agree not to provide, upload, display, post, transmit, distribute, send, email or submit Content to us, on our website or on any of our social media accounts that is illegal or violates or infringes upon the rights of others; is defamatory, abusive, profane, hateful, vulgar, obscene, libellous, pornographic and/or threatening; encourages or advocates conduct that would constitute a criminal offense or giving rise to civil liability or otherwise violate any law.
Further, you agree not to distribute material such as malware, including, but in no way limited to spyware, any kind of malicious computer software or virus and/or any other harmful information that is actionable by law.
Further, you agree not to make any attempts to gain unauthorized access to any portion or feature of our website.
Further, you agree not to send unsolicited or unauthorized material or cause disruption in the operation of the website.
You hereby agree to use the website for lawful purposes only and shall be liable for damages resulting from the violation of any provision contained in this document.
We reserve the right, in our sole discretion, to refuse, remove, restrict access, revoke and terminate your use of our website including any and/or all Content published by you or us at any time for any reason, without notice.
Paid and Free Products or Services
We may offer free products for you to download and also sell paid courses, programs, physical or digital products and any other related materials (collectively, “products”) on this website.
All of our products and/or services, including all Content, is protected by copyright pursuant to international copyright law.
You are granted a limited revocable license to print or download Content from our digital products for your own personal, non-commercial, non-transferrable, informational and educational use only while ensuring it’s not in violation of any copyright, trademark, and intellectual property or proprietary rights. Copying or storing our content for other than personal use is expressly prohibited without our prior written consent.
You acknowledge and agree that you have no right to share, modify, sell, edit, copy, reproduce, create derivative works of, reverse engineer, enhance or in any way exploit our products.
You cannot sell or redistribute any of our products, whether free or paid ones, without our express written consent.
You hereby agree to abide by all copyright and trademark laws and intellectual property rights and shall be solely responsible for any violations of these Terms and Conditions.
Refund Policy
All sales of products and/or services on this website are final and we do not issue refunds.
The core philosophy here at TPS is to always prioritise service over profit and each product and service is designed in line with this overarching principle.
It is in light of the above that we intentionally price our products and services at a reasonably low rate, especially as compared to market value, while ensuring that we are still able to deliver you with the necessary quality support and information and do so at an affordable price.
Links to Third Parties
Our website may contain links to third-party websites or resources for your convenience.
We may serve as an affiliate for some of these third-party websites by offering or advertising their products or services on the website; however, we do not own or control these third-party websites. Once you click on a third-party link and leave this website, you are no longer bound by our terms and conditions.
You agree that we are not responsible or liable for the accuracy, content or any information presented on these third-party websites.
You assume all risks for using these third-party websites or resources and any transactions between you and these third-party websites are strictly between you and the third party.
We shall not be liable for any damages resulting from your use of these third-party websites or resources.
Warranties, Limitation of Liability and Indemnity
We do not make any representations or warranties, of any kind, regarding the Content, information, products and/or services on the website and this includes warranties of merchantability or fitness for any purpose, express or implied, to the full extent permissible by law.
Further, we do not make any representations or warranties about the website; that it will consistently perform or operate to your requirements and expectations or that any of the information presented herein is complete, current or error-free.
Further, we do not make any representations or warranties, implied and/or express, for any purpose to the full extent permitted by law.
You hereby agree that under no circumstances, will we and/or our officers, employees, successors, shareholders, joint venture partners or anyone else working with us be liable for any direct, indirect, incidental, consequential, equitable, special, punitive, exemplary or any other damages resulting from your use of this website including but not limited to all the Content, information, products, services and graphics presented herein.
Further, you hereby expressly agree that you are using our website at your sole risk and that you assume responsibility for the accuracy of any personal data and/or information you provide, the outcome of your actions, personal and business results, and for all other use in connection with the website.
Further, you hereby expressly agree that we and/or our officers, employees, successors, shareholders, joint venture partners or anyone else working with us shall not be liable to you for any damages resulting from:
- any errors or omissions made on the website, delay or denial of any products or services, failure of performance of any kind, interruption in the operation and your use of the website, website attacks including malware, hacking of information, and any other system related failures;
- any loss of income, use, data, revenue, profits, business or any goodwill related to the website;
- any theft or unauthorized access, by any third party, of your information from the website regardless of any negligence our part; and
- any use or misuse of the information, products and/or services offered.
The aforegoing shall apply whether such liability arises from negligence, breach of contract, delict or any other applicable legal theory of liability.
Further, you hereby agree that we provide no express or implied guarantees to you for the information presented herein, accepting that we do not make any promises regarding results.
Further, you hereby agree to indemnify and hold us and/or our officers, employees, successors, shareholders, joint venture partners or anyone else working with us, harmless from all losses, claims, damages, demands, actions, suits, proceedings or judgments, including costs, expenses and reasonable attorneys’ fees assessed against or otherwise incurred by you arising, in whole or in part, from:
- actions or omissions, whether done negligently or otherwise, by you, your agents, directors, officers, employees or representatives;
- all your actions and use of the website including purchasing products and services;
- violation of any laws, rules, regulations or ordinances by you;
- violation of any terms and conditions of this website by you or anyone related to you;
- infringement by you or any other user of your account of any intellectual property or other rights of anyone.
We will notify you promptly of any such claims or liability and reserve the right to defend such claim, liability or damage at your cost.
You are obliged to cooperate with us fully and provide us with your assistance when requested, without any cost, to defend any such claims.
Entire Agreement
These Terms and Conditions along with our Privacy Policy and Disclaimer constitute the entire agreement between us with respect to TPS.
This document supersedes all past or present communications, discussions, negotiations or proposals we may have had, whether electronic, oral or written.
A physical production of this document, including the Privacy Policy and Disclaimer, and of any other notice given in electronic form, shall be admissible in judicial or administrative proceedings with respect to this website to the same extent and given the same effect as other business contracts and documents kept and maintained in printed form.
Severability
If any term, condition, provision or performance, or any part of a term, condition, provision or performance included in this agreement is determined to be invalid, illegal, unlawful or unenforceable to any extent, by any court, judicial officer, regulatory authority or other public or private tribunal of competent jurisdiction, then that term, condition, provision or performance, or the relevant part thereof, shall be omitted and severed from the remaining terms, conditions, provisions and performance of this agreement, or amended to make it valid, legal, lawful and enforceable, in such a manner as to leave the amended agreement substantially the same in essence, and this agreement, so amended, shall remain in full force and effect to the extent necessary to give such force and effect to the remaining provisions.
Contact Us
Please contact brad@thepublicserver.com for any questions or queries regarding these Terms and Conditions.
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