Adrian and Emma-Jean Music
These Terms of Service are effective as of : 18 September 2020 “Effective Date”
READ THESE THERMS CAREFULLY BEFORE BROWSING THIS WEBSITE. YOUR CONTINUED USE OF THIS WEBSITE INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS. YOU CANNOT USE THIS WEBSITE IF YOU DO NOT ACCEPT THESE TERMS. ALL SECTIONS OF THESE TERMS ARE APPLICABLE TO MEMBERS, ENROLLEES AND USERS UNLESS THE SECTION EXPRESSLY STATES OTHERWHISE.
1.1 This site AEJMusic.com, together with any associated portals (as defined below), are owned, operated and or made available by Adrian and Emma-Jean Music, hereinafter referred to as “the Company”. Any references to the Adrian and Emma-Jean platform shall include where applicable, our employees, agents, service providers, suppliers, and consultants.
1.2 These terms, including any document incorporated by reference herein, apply to any person who uses the services, accesses, refers to, views and or downloads any information or material made available on the websites or any Portal for whatever purpose (hereinafter referred to as “user”, “users”, “you”, or “your”).
1.3 Accessing and or use of the Adrian and Emma-Jean Music and or any Portal after the Effective Date will signify that you have read, understand, accept, and agree to be bound, and are bound, by the Terms, in your individual capacity and for and on behalf of any entity for whom you use Adrian and Emma-Jean Music.
1.4 To the extent permitted by applicable law, we may modify the Terms with prospective effect with notice to you, and any revisions to the Terms will take effect when and on the date specified in a notice posted on the page devoted to site news and/or updates on the Adrian and Emma-Jean website. Your continued use of the Website, Portal(s) and or the Services will be construed as your consent to the amended or updated Terms and will be conditional upon the Terms in force at the time of your use. Your only remedy, should you not agree to these Terms, is to stop your use of this Website, Portals and/or Services.
2.1.1 “Enrolees” refer to clients, online shoppers, subscribers or other individuals who are granted access to the content and or services created by the Company.
2.1.2 “Portal” shall refer to a custom portal, download, social media page, page or website created by the Company for and on behalf of Enrolees.
2.2 Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
- Agreement to these Terms
- 3.1 Subject to, and on the basis of your acceptance of the Terms, the Company grant you a limited, revocable, non-transferable license to access and use the Company’s Website and Portals in accordance with these Terms governing such use and access.
- Description of our Service
4.1 The Company offers a portal designed for the access by Enrolees to purchase, use and access the content and or services created by the Company.
4.2 The Enrolees agree that they shall be solely responsible for any use of their account, portal and all transactions concluded by them on the Website and Portal. An Enrolee shall not allow any third party to utilize their account for any reason whatsoever. If the Enrolee allows a third party to utilize or in any way access their account, whether intentionally or negligently, the Company shall have the right to suspend the provision of the Services or terminate these Terms without any refund or other compensation.
5.1 Certain areas of this Website and or the Portals may permit Enrolees to submit feedback, information, text or files, hereinafter referred to as a “Content Submission”. Enrolees are solely responsible for their own Content Submissions. Any Content Submission, excluding personal information, will be considered both non-confidential and non-proprietary.
5.2 The Company will have the right, but shall not be obliged, to monitor or examine any Content Submissions that you publish or submit for publication on the Website or any Portal.
5.3 The Company does not guarantee the subsequent ability to edit or delete any Content Submissions.
5.4 In submitting any Content Submission, Enrolees make the following representations and warranties: 5.4.1 If required by law, all rights in and to such Content Submissions (including, without limitation, all rights to the reproduction and display of such Content Submissions) are obtained by such user or, alternatively, all necessary rights in and to such Content Submissions as described in these Terms have been obtained;
5.4.2 If required by law, all necessary license fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of Content Submissions have been paid prior to submission to the Website or Portal.
5.4.3 Content Submissions do not infringe the copyrights, trademarks, patents, trade secrets, or other intellectual property rights, or any other legal or moral rights of any third party;
5.4.4 Content Submissions do not violate any law including, but not limited to, those governing, consumer protection, unfair competition, or false advertising;
5.4.5 Content Submissions are not, and may not reasonably be considered to be, defamatory, libellous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, or corporation, vulgar, pornographic, obscene, or invasive of another’s privacy;
5.4.6 Enrolees will not be compensated or granted any consideration by any third party for submitting a Content Submission;
5.4.7 Content Submissions do not contain any viruses, worms, spyware, adware, or any other potentially damaging programs or files;
5.4.8 Content Submissions are true, lawful and accurate, and are not false, misleading or deceptive;
5.4.9 Content Submissions do not contain or constitute any unsolicited or unauthorised advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.
5.5 Should Adrian and Emma-Jean Music, in its reasonable opinion, believe that any of your activities on the site, including but not limited to Content Submissions, are in violation of any applicable law or regulation, or affect any third party’s rights, or fall foul of the provisions set out in these Terms, then Thrive Wellness Hub may, at its discretion, delete or remove any material, Content Submission, and or limit or suspend the provision of the Services to you.
- Payments and subscriptions
6.1.1 All payments including by Enrollees for products, services and or subscriptions are to be made online through the available payment portals offered by https://sellfy.com/adrian-and-emma-jean-music. No other payment methods will be considered unless agreed in writing by the Company.
6.1.2 Subscriptions will be made on a monthly basis, corresponding with the date on which the subscriptions was purchased through the payment portal. Subscriptions may be cancelled at any time, however, it is the responsibility of the Enrollee to cancel the subscription with their electronic payment bank, portal or service provider.
6.1.3 Should a monthly subscription payment not be made for whatsoever reason, the delivery of products, services, access to portals, discounts and the like will be suspended until payments are received.
6.1.4 Upon cancellation of the subscription, the delivery of all products/services, access to portals, discounts and the like associated with the subscription and offered to the Enrollee will cease.
- Refund Policy
- 7.1 The Enrolee may not request the refund for purchased digital content if the supply of the digital content has begun. The Enrolee may request the refund of the digital content of such a request is submitted to Adrian and Emma-Jean Music within 14 days of the date of purchase and meet at least one of the following requirements:
7.1.1 Digital content has not been delivered;
7.1.2 Digital content does not match the instructor’s description.
7.2 With the refund request, the Enrolee can claim one of two types of compensation:
7.2.1 100% of the amount payment made to purchase a specific service/content;
7.2.2 Enrolment for another product / content offered at the same or equivalent price.
7.3 No request for a refund after 14 days of purchase will be considered.
7.4 The refund request has to be made in writing and sent to : (Kirsty@fivestarmedia.co.za).
This policy applies to all content on the site available at Adrian and Emma-Jean Music and (https://sellfy.com/adrian-and-emma-jean-music),and is effective from the effective date specified above.
We reserve the right to make changes when we deem it necessary. We will notify all users of any changes or modifications to this policy.
8.1 The Company makes no express, implied or statutory representations, warranties, or guarantees in connection with this website, the portals, the services, any other enrolees, including but not limited to partners, third parties, or any materials on the website or any portal relating to the quality, suitability, truth, accuracy or completeness of any information or material contained or presented on this website or such portal.
8.2 Unless otherwise explicitly stated, to the maximum extent permitted by applicable law, this website and each portal, materials and any information or material contained or presented on this website and or each portal is provided to you on an “as is”, “as available” basis with not warranty or implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. The Company does not provide any warranties against viruses, spyware or malware that may be installed on your computer as a result of you accessing or using the Company’s Website.
8.3 The Company makes no warranty as to the results that may be obtained from the use of this Website or a Portal or as to the accuracy or reliability of any information obtained through this Website or Portal. No advice or information, whether oral or written, obtained by a user through this Website, or Portal shall create any warranty enforceable against the Company.
8.4 The Enrolees are solely responsible for ensuring that they have sufficient and compatible hardware, software, telecommunications equipment and internet service, and any costs relating to the aforementioned, necessary for the use of the Website and Portals.
- Unauthorised Use of this Website or a Portal
9.1 The Enrolee is not permitted to use the Website or a Portal in any of the following ways (which list should not be construed to be exhaustive of the Company’s rights in this regard):
9.1.1 To stalk, harass, or harm another individual;
9.1.2 To impersonate any person or entity or otherwise misrepresent the true state of affairs;
9.1.3 To interfere with or disrupt this Website, or Portal or servers or networks connected to this Website or any Portal;
9.1.4 To use any data mining, robots, or similar data gathering or extraction methods in connection with this Website; or
9.1.5 Attempt to gain access to any portion of this Website or a Portal, to which you are not ordinarily permitted, or any other accounts, computer systems, or networks connected to this Website or a Portal, whether through hacking, password mining, or any other means.
10.1 The Company and the content of its Website (unless intellectually owned and uploaded by the user), together with the general layout of each Portal, unless licensed on an open sourced basis from a third party, are the property of the Company and are protected by the international copyright laws and the laws of the Republic of South Africa. Furthermore, the compilation (meaning the collection, arrangement, and assembly) of all content on the Website and layout on each Portal, is our exclusive property and is likewise, also protected.
10.2 Except as stated in the Terms, none of the content of the Website, or layout of each Portal, may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written consent of the Company or the copyright owner, and further, should such consent be provided, the Company reserves its right to withdraw such consent at any stage, in its sole and absolute discretion.
10.3 The Company does not permit copyright infringing activities and infringement of intellectual property rights on the Website or any Portal, and the Company may at its sole discretion remove any infringing content if the Company is of the view that such content infringes on another’s intellectual property rights or its own.
10.4 All trademarks and copyrights, and any other intellectual property rights, in and to any of the content (unless intellectually owned and uploaded by the user) on the Website are the exclusive property of the Company.
11.1 Should either Party (“Defaulting Party”) breach any of the provisions of these Terms, then the other Party (“Aggrieved Party”), may give the Defaulting Party 10 (ten) days written notice or such longer period of time as the Aggrieved Party may specify in the notice, to remedy the breach. If the Defaulting Party fails to comply with the notice, the Aggrieved Party may:
11.1.1 Claim immediate payment and or performance by the Defaulting Party of all the Defaulting Party’s obligations that are due for performance; or
11.1.2 Terminate these Terms upon written notice to the Defaulting Party where the breach constitutes a material breach, in either event without prejudice to the Aggrieved Party’s right to claim damages or to exercise any other rights that the Aggrieved Party may have under these Terms or in law.
11.2 Without detracting from the provisions of the above clause, the Aggrieved Party may summarily terminate these Terms at any time by giving the Defaulting Party written notice of the cancellation if: 11.2.1 The Defaulting Party commits a material breach of these Terms which cannot be remedied;
11.2.2 The Defaulting Party is placed under voluntary or compulsory sequestration, compromise with its creditors or commence Business Rescue Proceedings or the equivalent of any of these in any jurisdiction;
11.3 Any termination of these Terms by the Aggrieved Party is effective on receipt of a notice of cancellation by the Defaulting Party.
11.4 The Company has the right to determine whether a breach of any of the Terms constitute a material breach of the Terms and whether same can be remedied.
11.5 Any termination is without prejudice to any claim that either Party may have in respect of any breach of these Terms by the other Party arising to the date of cancellation.
- Force Majeure
12.1 To the extent that it becomes impossible for a Party to perform any obligation (other than a payment obligation) in terms of these Terms, due to an event or circumstance that was neither foreseen nor reasonably foreseeable when the Terms were entered into or which, if the event could have been foreseen at that time, cannot be guarded against or avoided by reasonable care or the reasonable acts of that Party, that Party may:
12.1.1 Notify the other Party within 5 (five) business days of the nature, extent, effect and likely duration of the event or circumstance; and keep the other Party updated as may be reasonably required by the other Party;
12.1.2 Take all commercially reasonable action to remedy or minimize the consequences (and report to the other Party);
12.1.3 Immediately resume performance of its obligations under these Terms and notify the other Party when performance of the obligation again becomes possible.
12.2 Performance if any such obligation is suspended for as long as the event or circumstance continues to make the performance impossible.
12.3 If the event or circumstance continues for a period exceeding 15 (five-teen) business days, either Party may cancel these Terms on written notice to the other Party, provided that the obligation which the affected Party is unable to perform is a material obligation under these Terms.
13.1 To the extent permitted by law, these Terms, and provision of Services, shall be governed by and construed in accordance with the laws of the Republic of South Africa, and any dispute arising out of these Terms and or our Services shall be submitted to the competent Courts having the requisite jurisdiction to hear the matter.
13.2 These Terms comprise the whole agreement between the parties in regard to its subject matter.
13.3 No addition to or variation or consensual cancellation of these Terms, including this clause, has any effect, unless it is recorded in writing and signed by both Parties.
13.4 No indulgence by a Party to another Party, or failure strictly to enforce these Terms, shall be construed as a waiver of any of it’s rights.
13.5 The Parties undertake to do everything reasonable in their power necessary for or incidental to the effectiveness and performance of these Terms.
14.1 If any of these Terms are deemed invalid or unenforceable for any reason, then the invalid or unenforceable provision will be severed from these Terms and the remaining terms will continue to apply.