TERMS & CONDITIONS

TRUECHASE PR AGENCY LIMITED TERMS OF BUSINESS, 2014

All clients/advertisers/consumer projects and any website interactions are subject to the below terms and conditions.

Please read the Terms of Service of truechase.com completely which is owned and operated by TrueChase PRA. This agreement documents the legally binding terms and conditions attached to the use of the website.

By using or accessing the site in any way, viewing or browsing, or adding your own content (i.e. Online Profiles etc.) to the site, you are agreeing to be bound by these Terms of Service.

Where content is specifically made available for redistribution, it may only be redistributed within your TrueChase PRA networks or with TrueChase PRA’s branding.

INTERPRETATION

In these terms of TrueChase PRA, the following words have the following meanings:

“TrueChase PRA” refers to TrueChase PR Agency Limited.

“Client” refers to the company/person purchasing/using TrueChase PRA services.

“Services” refers to the services to be provided by TrueChase PRA which are the subject of an order between TrueChase PRA and the client.

ACCEPTANCE OF USE OF SITE

By agreeing to the Terms and Conditions as set out in this document, you undertake to use the website to the benefit of both parties. As such, you must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

RESTRICTED ACCESS

Access to certain areas of this website is restricted. TrueChase PRA reserves the right to restrict access to Free, Gold, or Prestige subscriptions areas of this website, or the entire website, at the discretion of TrueChase PRA.

If TrueChase PRA provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.

TrueChase PRA may disable your user ID and password in TrueChase PRA’s sole discretion without notice or explanation.

PROVISION OF THE SERVICES
TrueChase PRA shall provide to the client the services; and perform the services with a reasonable level of skill and care in accordance with a degree of skill, diligence, prudence and foresight which, as at the relevant time, would reasonably be expected from a skilled and experienced supplier of PR services seeking in good faith to comply with its contractual obligations.

TrueChase PRA shall without the agreement of the client be entitled to make operational changes to the services that have no material adverse effect on the services. TrueChase PRA guarantees that the services supplied by it shall comply with the specification contained in each contract and in the absence of any such specification shall comply with TrueChase PRA’s appropriate specification.

Third party products supplied and/or sublicensed by TrueChase PRA as part of the services will be supplied in accordance with the relevant supplier’s applicable terms. The client agrees that it will at all times comply with the provisions of such standard terms.

PROMOTIONAL MATERIAL

The client shall make available to TrueChase PRA certain banner advertisements, button links, text links, and/or other graphic or textual material for display and use on site. TrueChase PRA shall display the materials on its website prominently and as it sees fit, provided that the manner of display shall be subject to the terms and conditions of this agreement. TrueChase PRA shall also include a link from the promotional material to client’s website, as specified by TrueChase PRA.

TrueChase PRA has the right to publish all promotional materials produced by the client on its desired choice of websites, blogs and/or social media for as long as the client and TrueChase PRA are in a legally bound agreement or until the intended date of termination of the contract.

TrueChase PRA has the right to refuse to publish the work of the client should it believe that the information produced is not according to its standards. TrueChase PRA expects the client to produce content which is considered to be original, free of copyright and interesting to TrueChase PRA.

LICENSE

The client hereby grants TrueChase PRA a nonexclusive, non-transferable license (the ‘License’) to use the promotional materials as specified under the terms and conditions of this Agreement. The terms of the License shall expire upon the expiration or termination of this Agreement.

LIMITATION OF LIABILITY

TrueChase PRA shall not in any circumstances be liable (whether under law of contact, law of torts or otherwise) to the contents, and use, of the website:

  • to the extent that the website is provided free-of-charge, for any direct loss;
  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

Further, TrueChase PRA shall not be held liable to the client in respect of any:

  • loss of profits; or
  • loss of contracts; or
  • loss of revenue or goodwill; or
  • type of special, indirect or consequential loss, business interruption or loss of or damage to business information or data whether in contract, tort (including but not limited to negligence) or otherwise and whether or not suffered as a result of an action brought by a third party, even if such loss was reasonably foreseeable or the client had been advised at any time of the possibility of the client incurring the same.

For the avoidance of doubt, TrueChase PRA shall not be liable to the client or be deemed to be in breach of these Terms of Business by reason of any delay in performing, or any failure to perform, any of its obligations under these Terms of Business, if the delay or failure was due to any cause beyond TrueChase PRA’s control, due to any instructions given by the client or in any delay caused by the client.

TrueChase PRA shall not be responsible in contract or in tort (including, but not limited to, negligence) or otherwise for the unauthorised access to, or alteration, theft or destruction of emails, files, programs, or information of the client by any person (other than TrueChase PRA) through accident or by fraudulent means or devices where TrueChase PRA has exercised that degree of skill, diligence, prudence and foresight which, as at the relevant time, would reasonably and ordinarily be expected from a skilled and experienced supplier of information technology services seeking in good faith to comply with its contractual obligations in providing the services to prevent such activities.
INTELLECTUAL PROPERTY RIGHTS

The site and all of its original content are the sole property of TrueChase PRA and are, as such, fully protected by the appropriate international copyright and other intellectual property rights laws.

The ownership of, and sole right to, any intellectual property right in any materials produced by TrueChase PRA under any contract with the client shall be vested absolutely in TrueChase PRA from the outset.

BREACHES OF TERMS AND CONDITIONS, AND TERMINATION

If the terms and conditions are breached in any way, TrueChase PRA may take such action as it deems appropriate to deal with the specific breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your Internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Further, should a termination occur where a contract is for the provision of the services over a period of time, a contract may be terminated by either party giving to the other one month’s written notice provided always that if the client terminates the contract they shall:

  • pay immediately all outstanding sums due to TrueChase PRA; and,
  • be responsible for all costs and expenses incurred by TrueChase PRA in respect of any uncompleted service and be liable for one month’s fees, whether or not activity is required from TrueChase PRA for the client during this period;

INDEMNITY

The client shall indemnify TrueChase PRA in respect of all damage, injury, or expenses occurring to any person, firm, company or property and against all actions, suits, claims, demands, charges or expenses (including without limitation legal expenses and any amounts paid by TrueChase PRA to a third party in settlement of a claim or dispute on the advice of TrueChase PRA legal advisers) in connection therewith for which TrueChase PRA may become liable in respect of any breach of contract or in respect of the services sold under any contract. In particular, it is stressed that the client is responsible for all copy, slogans, words or methods supplied or suggested by it to TrueChase PRA, and also such items approved by it after suggestion by TrueChase PRA and therefore such indemnity shall extend to claims for copywriter or patent infringement, libel or other defamation.

NO WARRANTIES

This website is provided “as is” without any representations or warranties, express or implied.  TrueChase PRA makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, TrueChase PRA does not warrant that:

  • this website will be constantly available, or available at all; or
  • the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind.  If you require advice in relation to any entertainment, fashion or lifestyle matter you should consult an appropriate professional.

ASSIGNMENT

Neither these Terms of Business nor the benefit of the services may be assigned or transferred by the client whether voluntarily or involuntarily or by operation of law, in whole or in part, to any party without the prior written consent of TrueChase PRA. No such assignment by the client howsoever occurring shall relieve the client of its obligations hereunder.

TrueChase PRA may assign all of its rights and obligations under this Agreement to a third party without prior consent of the client, and the client shall execute such novation agreements as TrueChase PRA may reasonably request in order to effectively document the transfer such rights and obligations.

SEVERABILITY

In the event that any provision of these Terms of Business contained herein shall be determined by any competent authority to be invalid, unlawful, or unenforceable to any extent, such term, condition or provision shall to that extent be severed from the remaining terms and conditions of these Terms of Business which shall continue to be valid and enforceable to the fullest extent permitted by law.

OTHER PARTIES

You accept that, as a limited liability entity, TrueChase PRA has an interest in limiting the personal liability of its officers and employees.  You agree that you will not bring any claim personally against TrueChase PRA’s offices or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect TrueChase PRA’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as TrueChase PRA.

LAW AND JURISDICTION

All parties hereby agree that these terms and conditions are construed in accordance with South Africa, and hereby submit to the [non-]exclusive jurisdiction of the courts of South Africa.

VARIATION

TrueChase PRA reserves the right to modify these Terms of Service at any time. Your decision to continue to visit and make use of the website after such changes have been made constitutes your formal acceptance of the new Terms of Service.

Therefore, you should check and review this Agreement for such changes on an occasional basis. Should you not agree to any provision of this Agreement or any changes we make to this Agreement, we ask and advise that you do not use or continue to access this website immediately.

REGISTRATIONS AND AUTHORISATIONS

TrueChase PRA is registered with CIPC. You can find the online version of the register at http://www.cipc.co.za. TrueChase PRA’s is subject to section 14 of the Companies Act, 2008, which is supervised by Commissioner: CIPC Astrid Ludin.

TrueChase PRA is registered with the Companies and Intellectual Property Commission.

TRUECHASE PRA DETAILS

The full name of TrueChase PRA is TrueChase PRA (pty) ltd.

TrueChase PRA is registered in South Africa under registration number 2014/086861/07.

TrueChase PRA (pty) ltd.

You can contact TrueChase PRA by email to info@truechase.com.

 

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