Welcome to core_site
core_site is a website subscription service. Our vision is to provide an affordable, attractive, and useful web presence for small businesses without the massive outlays required when building a custom website. The subscription model allows us to continue to improve the system and add new features as the system matures.
What You’re Paying For
- You have access to your website while you keep your subscription going and paid. In order to make our service sustainable and viable, we can’t offer the ability to transfer or export your website to another hosting company.
- Access to the core_site platform. This means that while your subscription is active you will have a WordPress installation on core_site servers.
- Access to support, video tutorial, the core_site wordpress installation, and all the features available in your dashboard.
- Updates and security patches. This includes timely and frequent updates to the WordPress core, as well as all the third-party plugins and modules installed. This also includes security patches and software updates for the underlying server software. Note that some third-party plugins may change or remove features when they update their plugins if they see fit.
- From time to time, we will introduce new features, plugins, and themes that we think will add value to you. The vision of core_site is to enable us to create a vibrant system that is constantly fresh with new stuff for you.
- Email, skype, whatsapp, and phone support during office hours. Office hours means Monday to Friday, 8am to 5pm, on regular work days. We are closed on Saturdays, Sundays, and South African Public Holidays.
What’s not included
- Web design Service, content update or maintenance Service. You have access to create and update your own content. If you would like us to create pages, sections, or features for you, we can quote you for this work.
- Graphic design or other design Service. If you require a logo, or any other Service offered by Ash Glover on ashglover.co.za, we can quote you for this work; it is not included in your core_site subscription.
- 24 hour 365 days a year support. We have office hours, so if you require support outside of our office hours, we encourage you to use email, and we will assist you when we are back in the office.
- Ownership of the WordPress code installation, custom core_site plugins, or custom core_site themes, or any paid or “pro” versions of third-party plugins that we make available to our users. core_site is a subscription service, so you have use of the platform while your subscription is active. You don’t own the website installation and can’t request a copy of it to host elsewhere.
Terms of Service
These Terms of Service (“Terms”) cover your use of and access to the sites, templates, products, applications, tools, Service and features (collectively, the “Service”) provided by Ash Glover and core_site.
Please read this Agreement carefully! It includes important information about your legal rights, and covers areas such as automatic subscription renewals, warranty disclaimers, limitations of liability, and a class action waiver.
By using or accessing the Service, you’re agreeing to these Terms, our Copyright Policy, our Acceptable Use Policy and our Data Processing Addendum (collectively, this “Agreement”). If you’re using the Service for an organization, you’re agreeing to this Agreement on behalf of that organization, and you represent and warrant that you can do so. References to “you”, “your” and similar terms are construed accordingly in this Agreement. If you don’t agree to all the terms in this Agreement, you may not use or access the Service.
Please contact us if you have any questions, comments or requests, but we do feel this agreement is fair to both parties.
1. Creating Accounts
Make sure your account information is accurate and that you keep your accounts safe. You are responsible for your accounts and any activity on them. Also, you need to be at least 18 years old to use core_site.
1.1. Signing Up. To use the Service, you must first create an account (“Account”). You agree to provide us with accurate, complete and at all times up to date information for your Accounts. We may need to use this information to contact you.
1.2. Keep it Secret, Keep it Safe. Please safeguard your Accounts and make sure others don’t have access to your Accounts or passwords and other authentication credentials (collectively, “passwords”). You are solely responsible for any activity on your Accounts and for maintaining the confidentiality and security of your passwords. We’re not liable for any acts or omissions by you or anyone else in connection with your Accounts. You must immediately notify us if you know or have any reason to suspect that your Accounts or passwords have been stolen, misappropriated or otherwise compromised or in case of any actual or suspected unauthorized use of your Accounts.
1.3. Eighteen And Older. The Service are not intended for and may not be used by children under the age of 18. By using the Service, you represent that you’re at least 18. If you’re under the age of 18, depending on where you live, you may need to have your parent or guardian’s consent to this Agreement and they may need to enter into this Agreement on your behalf.
2. Your Content
When you upload content to core_site, you still own it. You do, however, give us permission to use it in ways necessary to provide, improve, promote and protect our Service. For example, when you upload a photo, you give us the right to save it and display it on your site at your direction. We also may promote or feature your site, but you can opt out if you don’t want us to do that.
2.1. Your User Content Stays Yours. Users of the Service (whether you or others) may provide us with content, including without limitation text, photos, images, audio, video, code and any other materials (“User Content”). Your User Content stays yours, except for the limited rights that enable us to provide, improve, promote and protect the Service as described in this Agreement. User Content includes without limitation content you post to the sites (including scheduled pages) you use the Service to create or publish (“Your Sites”).
2.2. Your License To Us. When you provide User Content via the Service, you grant core_site (including our third party hosting providers acting on our behalf) a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable, transferable right and license to use, host, store, reproduce, modify, create derivative works of (such as those resulting from translations, adaptations or other changes we make so that User Content works better with the Service), communicate, publish, publicly display, publicly perform and distribute User Content for the limited purposes of allowing us to provide, improve, promote and protect the Service. This Section does not affect any rights you may have under applicable data protection laws.
2.3. Featuring Your Site. We may choose to feature Your Sites (but not your scheduled pages) or names, trademarks, service marks or logos included on Your Sites. You grant us a perpetual, worldwide, royalty-free, non-exclusive right and license to use any version of Your Sites, or any portion of Your Sites, including without limitation names, trademarks, service marks or logos on Your Sites, for the limited purpose of core_site marketing and promotional activities. For example, we may feature Your Sites on our core_site pages, on the Customers sections of our sites or on our social media accounts. You waive any claims against us relating to any moral rights, artists’ rights or any other similar rights worldwide that you may have in or to Your Sites or names, trademarks, service marks or logos on Your Sites and any right of inspection or approval of any such use. You can opt out of being featured by contacting us and notifying us of this request. This Section does not affect any rights you may have under applicable data protection laws.
3. Your Responsibilities
You’re responsible for the content you publish on core_site, and you vouch to us that it’s all okay to use. Please follow our rules and don’t do anything illegal with the Service. Also keep in mind that what you upload may be publicly viewable.
3.1. Only Use Content You’re Allowed To Use. You represent and warrant that you own all rights to your User Content or otherwise have (and will continue to have) all rights and permissions necessary to use, share, display, transfer and license your User Content via the Service and in the manner set forth in this Agreement. If we use your User Content in the ways described in this Agreement, you represent and warrant that such use will not infringe or violate the rights of any third party, including without limitation any copyrights, trademarks, privacy rights, publicity rights, contract rights, trade secrets or any other intellectual property or proprietary rights. Also, content on the Service may be protected by others’ intellectual property, trade secrets or other rights. Please don’t copy, upload, download or share content unless you have the right to do so.
3.2. Follow The Law. You represent and warrant that your use of the Service is in compliance with applicable laws.
3.3. Share Responsibly. The Service let you share User Content including without limitation on social media and the open web. We’re not responsible for what you share via the Service. Be wise.
3.4. Comply With Our Service Provider’s Acceptable Use Policy. Our service is hosted on Xneelo servers, and are subject to their terms and acceptable use policies. See those here: https://xneelo.co.za/legal/terms-of-service/ and https://xneelo.co.za/legal/acceptable-use-policy/. In particular note their rules regarding offensive content such as hate speech or illegal content.
3.5. Your Sites And Your End Users Are Your Responsibility. Your Sites may have their own visitors, customers and users (“End Users”). You understand and agree that (a) Your Sites and your End Users are your responsibility; (b) you’re solely responsible for providing products, Service and support to your End Users; and (c) you’re solely responsible for compliance with any laws or regulations related to Your Sites and/or your End Users. We’re not liable for, and won’t provide you with any legal advice regarding, Your Sites or your End Users. This does not limit or affect any liability we may have to you separately for any breach of the other provisions of this Agreement.
4. Third Party Service And Sites, User Content, core_site themes, features, and plugins
If you use or connect another service on or to core_site, follow a link to another site or work with someone you find on or through core_site, what happens is between you and them. We’re not responsible for it or what either of you do. There’s also a lot of content on core_site uploaded by our users (like you). We’re not responsible for that either.
4.1. Third Party Services. The Service are integrated with various third party Service and applications (collectively, “Third Party Services”) that may make their content, products or Service available to you. Examples of Third Party Service include our domain registrar, social media platforms, Google Analytics, e-commerce Payment Processors, plugins available on core_site and other integrations or extensions, or stock images. These Third Party Services may have their own terms and policies, and your use of them will be governed by those terms and policies. We don’t control Third Party Services, and we’re not liable for Third Party Services or for any transaction you may enter into with them, or for what they do. When using Third Party Services, your security is your responsibility. You also agree that we may, at any time and in our sole discretion, and without any notice to you, suspend, disable access to or remove any Third Party Services. We’re not liable for any such suspension, disabling or removal, including without limitation for any loss of profits, revenue, data, goodwill or other intangible losses, or business disruption, costs or expenses you may incur or otherwise experience as a result (except where prohibited by applicable law).
4.2. Third Party Sites. The Service may contain links to third party sites. When you access third party sites, you do so at your own risk. We don’t control and aren’t liable for those sites and what those third parties do.
4.3. User Content. The Service or sites created using the Service may contain User Content: (a) that is offensive or objectionable; (b) that contains errors; (c) that violates intellectual property, trade secret, privacy, publicity or other rights or the good name of you or third parties; (d) that is harmful to your or others’ computers or networks; (e) that is unlawful or illegal; or (f) the downloading, copying or use of which is subject to additional terms and policies of third parties or is protected by intellectual property, trade secret, privacy or other laws. By operating the Service, we don’t represent or imply that we endorse your or other users’ User Content, or that we believe such User Content to be accurate, useful, lawful or non-harmful. We’re not a publisher of, and we’re not liable for, any User Content uploaded, posted, published or otherwise made available via the Service by you or other users. You’re responsible for taking precautions to protect yourself, your Accounts, and your computer or network, from User Content accessed via the Service.
5. Our Intellectual Property
5.1. Ash Glover owns core_site. The Service are protected by copyright and trade secrets. This Agreement doesn’t grant you any right, title or interest in the Service, others’ User Content, our trademarks, logos or other brand features or intellectual property or trade secrets or others’ content in the Service. You agree not to change, modify, translate or otherwise create derivative works of the Service or others’ User Content.
5.2. We Can Use Your Feedback For Free. We welcome your feedback, ideas or suggestions (collectively, “Feedback”), but you agree that we may use your Feedback without any restriction or obligation to you, even after this Agreement is terminated. This Section does not limit or affect any rights you may have under applicable data protection laws.
5.3. Our Demo Content. We provide templates or other products featuring demo content, including without limitation text, photos, images, graphics, audio and video (collectively, “Demo Content”), to provide you with ideas or inspiration. This demo content is owned by us, but it should be edited and changed to make your website your own.
5.4. Our Betas Are Still In Beta. We may release products and features that we’re still testing and evaluating. Those Services will be marked as beta, preview or early access (or a similar phrasing), and may not be as reliable as our other Services.
6. Our Rights
6.1. Important Things We Can Do. We reserve these rights, which we may exercise at any time and in our sole discretion, and without liability or notice to you (except where prohibited by applicable law): (a) we may change parts or all of the Service and their functionality; (b) we may suspend or discontinue parts or all of the Service; (c) we may terminate, suspend, restrict or disable your access to or use of parts or all of the Service; (d) we may terminate, suspend, restrict or disable access to your Accounts or parts, some or all of Your Sites; and (e) we may change our eligibility criteria to use the Service (and if such eligibility criteria changes are prohibited by law where you live, we may revoke your right to use the Service in that jurisdiction).
6.2. Ownership Disputes. Sometimes ownership of an Account or site is disputed between parties, such as a business and its employees, business partners, or a web designer and a client. We try not to get involved in these disputes. However, we reserve the right, at any time and in our sole discretion, and without notice to you, to determine rightful Account or site ownership and to transfer an Account or site to such owner. Our decision in that respect is final. If we feel that we can’t reasonably determine the rightful owner, we reserve the right to suspend an Account or site until the disputing parties reach a resolution. We also may request documentation, such as a government-issued photo ID, credit card invoice or business license, to help determine the rightful owner. The first method we use to determine this is who has access to the email address used to sign up to the service.
6.3. HTTPS Encryption. We may offer HTTPS encryption for Your Sites. By registering a custom domain via the Service, or pointing a custom domain to the Service, you authorize us to create and maintain a certificate for the limited purpose of providing HTTPS for Your Sites.
7. Privacy
Our Privacy Policy explains how we collect, use and share your personal information for our own purposes. Be sure to read it carefully, but note it is not part of this Agreement and can change. It is really important that you comply with data protection laws when using the Service, such as when you collect others’ personal information or use cookies or similar technologies (including those we drop for you at your request, such as for web analytics).
7.1. Privacy Policy. By using the Service, you confirm that you have read and understood our Privacy Policy. However, it is not a contractual document and does not form part of this Agreement and we may change it from time to time.
7.2. You Must Comply With Data Protection, Security And Privacy Laws. You agree and warrant that you are solely responsible when using Your Sites or the Service for complying with applicable data protection, security and privacy laws and regulations (including, where applicable, the EU General Data Protection Regulation and the EU e-Privacy Directive/Regulation), including any notice and consent requirements. This includes without limitation the collection and processing by you of any personal data, when you use Your Sites and the Service to send marketing and other electronic communications to individuals and when using cookies and similar technologies on Your Sites (including, in particular, those which we place for you at your request as part of the Service, such as to undertake analytics for you).
7.3. Privacy Policies. If applicable law requires, you must provide and make available to your End Users on Your Sites a legally compliant privacy policy.
7.4. Cookies And Similar Technologies. If applicable law requires, you must provide and make available to your End Users on Your Sites a legally compliant cookie policy. You must capture valid consent, both for you and us, for any cookies or similar technologies used on or through Your Site (including those we drop on your request or with your permission) where required, including, where applicable, by the EU e-Privacy Directive/Regulation and under national laws implementing the same.
7.5. Protect And Improve The Service. You agree that we may protect and improve our Service through analysis of your use of the Service, your End Users’ use of Your Sites and/or analysis of your and your End Users’ personal information in anonymized, pseudonymized, de-personalized and/or aggregated form. If applicable law requires, you must explain this in your privacy policy. See our Privacy Policy for more information about how and what we do in this regard.
8. Copyright
We respect the intellectual property of others and ask that you do too. We respond to notices of alleged copyright infringement if they comply with the law, and such notices should be reported via the process described in our Copyright Policy, which is incorporated by reference into this Agreement. We reserve the right to delete or disable content alleged to be infringing, and to terminate Accounts of repeat infringers without any refunds.
9. Fees
core_site is a paid Service. This section explains how we handle payments for the Service. We will automatically bill you in regular intervals (such as monthly or annually) unless you cancel your subscription. You can do that anytime.
9.1. Fees. The Service will remain in effect until cancelled or terminated in accordance with this Agreement. We’ll tell you about fees for the Service before charging you. You may cancel the Service at any time via your account page. If you don’t pay for Service on time, we reserve the right to suspend or cancel your access to the Service. Transaction fees and additional fees may also apply to certain portions of the Service, and we’ll tell you about those fees before charging you. Our fees will appear on an invoice that we provide via the Service, within your e-commerce Payment Processor account(s), or unless otherwise indicated. Please note that different Service have different fees and payment schedules, and canceling one Service may not cancel all your Services.
9.2. Taxes. All fees are exclusive of applicable national, provincial, state, local or other taxes (“Taxes”), unless explicitly stated otherwise. You’re responsible for all applicable Taxes, and we’ll charge Taxes in addition to the fees for the Service when required to do so. If you’re exempt from Taxes, you must provide us with valid tax exemption documentation. We reserve the right to determine if the documentation provided is valid. Tax exemption will, provided we’re satisfied it’s valid and applicable, only apply from and after the date we receive such documentation. If core_site has a legal obligation to pay or collect indirect Taxes (such as value-added tax or goods and Service tax) on the sale to you under the laws of your country, you shall be liable for payment of any such indirect Taxes. Where core_site does not have a legal obligation to pay or collect indirect Taxes on a sale of Service to you, you may be required to self-assess those Taxes under the applicable laws of your country (where you are established, have a permanent address or usually reside).
9.3. Automatic Subscription Renewals. To ensure uninterrupted service, we’ll automatically bill you for certain Service from the date you submit your initial payment and on each renewal period or amount afterwards until cancellation. Your renewal period will be equal in time or amount to the renewal period of your current subscription. For example, if you’re on a monthly subscription plan, each billable renewal period will be for one (1) month. We’ll automatically charge you the applicable amount using the payment method you have on file with us and by agreeing to this Agreement, you authorize us to do this. We’ll let you know in advance if you’re purchasing a Service that includes auto-renewal payments. You can cancel the Service at any time.
9.4. Refunds. While you may cancel any Service at any time, you won’t be issued a refund except in our sole discretion, or if legally required.
9.5. Fee Changes. We may change our fees at any time. We’ll provide you with advance notice of these fee changes via the Service. New fees will not apply retroactively. If you don’t agree with the fee changes, you have the right to reject the change by cancelling the applicable Service before your next payment date.
9.6. Chargebacks. If you contact your bank or credit card company to decline, chargeback or otherwise reverse the charge of any payable fees to us (“Chargeback”), we may automatically terminate your Account. If you have questions about a payment made to us, we encourage you to contact us directly before filing a Chargeback. We reserve our right to dispute any Chargeback.
9.7. Our Payment Processor. We use a third party payment processor (the “Payment Processor”) to bill you through a payment account linked to your Account. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor, in addition to this Agreement. Our current Payment Processor is PayFast, and your payments are processed by PayFast in accordance with PayFast’s terms of service and privacy policy. You agree to pay us, through the Payment Processor, all charges at the prices then in effect for any purchase in accordance with the applicable payment terms. You agree to make payment using the payment method you provide with your Account. We reserve the right to correct, or to instruct our Payment Processor to correct, any errors or mistakes, even if payment has already been requested or received.
9.8. Fees For Third Party Service. Third Party Service purchased via the Service may be subject to different refund or other policies that those Third Party Service determine, and such Third Party Service may be non-refundable. The purchase terms and conditions for such Third Party Service may be displayed during the purchase process, such as through a link to the purchase terms and conditions. It’s your responsibility to verify your ability to purchase, cancel or obtain a refund for a Third Party Service. Unless otherwise stated in this Agreement, we don’t offer refunds for purchases of Third Party Service.
10. E-commerce On core_site
WordPress offers various e-commerce plugins (such as WooCommerce) which can be used with your core_site, which allows you to sell your products and services, or collect donations. How you conduct your e-commerce activities is your responsibility, and we’re not liable for it. When you use a third party to process payments for your e-commerce activities, remember that your relationship is with them, not us.
10.1. E-commerce Responsibilities. The Service include features that enable you to provide or sell products and Service to, or otherwise collect payments from, your End Users (such activities, “Your e-commerce”). We’re not a party to, and we aren’t liable for, Your e-commerce. You’re solely responsible for Your e-commerce, and compliance with any laws or regulations related to it, including without limitation the following:
10.1.1. Taxes. You’re solely responsible for: (a) all Taxes and fees associated with Your e-commerce, including without limitation any Taxes related to the purchase or sale of products or Service in connection with Your e-commerce; (b) collecting, reporting and remitting required Taxes to relevant government authorities; (c) informing your End Users of required Taxes, and providing them with invoices as required by applicable law; (d) monitoring distance sales thresholds in the EU and other indirect Taxes (such as value-added tax or goods and Service tax) and registration thresholds in the countries where you have customers or where you ship goods to or provide Service to; and (e) registering for indirect Taxes in countries where you are required to register. You also agree that any tax estimates, reporting or related materials that we may provide via the Service are for illustration purposes only, and you may not rely on them to comply with your tax obligations. We do not give tax advice, and nothing we say should be interpreted as such.
10.1.2. Fulfillment And Delivery. You’re solely responsible for fulfilling and delivering your products and services to your End Users.
10.1.3. Claims And Warranties. You’re solely responsible for any claims or warranties you make in connection with Your e-commerce and any claims made by End Users against you.
10.1.4. Customer Service. You’re solely responsible for handling any comments or complaints related to Your e-commerce, including without limitation any issues related to payments, promotions, refunds or chargebacks. You agree to provide accurate and complete contact information on Your Sites so that your End Users can submit comments or complaints to you.
10.1.5. Site Terms, Policies And Legal Compliance. You agree to post and make clearly available on Your Sites a privacy and cookie policy, and any other terms or policies that may be required by applicable law, and you warrant that Your Sites and Your e-commerce and your conduct will comply with all applicable laws and regulations. You agree that we do not and will not provide any legal advice regarding such terms, policies or compliance.
10.1.6. Consumer, e-commerce And Other Laws. You are also responsible for complying with any consumer, e-commerce and related laws.
10.2. E-commerce Restrictions. You may not offer or sell any products or Service which, in our sole discretion: (a) we consider hazardous, counterfeit, stolen, fraudulent, abusive or adverse to our interests or reputation; (b) are prohibited for sale, distribution or use; or (c) otherwise fail to comply with any applicable laws or regulations, including without limitation with respect to intellectual property, trade secrets, privacy or publicity rights, consumer protection, product safety or trade regulations or export controls, regulations or sanctions.
10.3. E-commerce Suspensions. While we’d prefer not to, we may, at any time and in our sole discretion, and without any notice to you, suspend, restrict or disable access to or remove your Account, Your Sites or Your e-commerce, without any liability to you or to any End Users, including without limitation for any loss of profits, revenue, data, goodwill or other intangible losses (except where prohibited by applicable law). For example, we may suspend Your e-commerce if you’re violating this Agreement.
10.4. E-commerce Payment Processors. To accept payments from your End Users in connection with Your e-commerce, you may integrate Your Sites with third party payment processors (“e-commerce Payment Processors”). Your relationship with such e-commerce Payment Processors is governed by those e-commerce Payment Processors’ terms and policies. We don’t control and aren’t liable for any e-commerce Payment Processors, or for any transaction you may enter into with or through any e-commerce Payment Processors. e-commerce Payment Processors are a Third Party Service, as defined in Section 4.1. While we will try to provide advance notice, you agree that we may, at any time and in our sole discretion, and without any notice to you, suspend, restrict or disable access to or remove from the Service, any e-commerce Payment Processors, without any liability to you or to any End Users, including without limitation for any loss of profits, revenue, data, goodwill or other intangible losses (except where prohibited by applicable law). Your e-commerce Payment Processors may provide invoices for any transaction fees associated with Your e-commerce transactions.
11. Domains
This section explains how we provide our domain Service. Your domain registrations are also subject to agreements with third parties, including ICANN and our third party registrar partners. Your core_site includes one .com or .co.za domain name included in the cost. If you wish to register additional domain names to point to your core_site, these will be an additional annual cost.
11.1. Reseller Service. We work with third party registrars to provide you with domain Service. When you register a domain name, or renew or transfer an existing domain name, via the Service, you are bound by the relevant registrar’s terms and conditions. Registrars are a Third Party Service, as defined in Section 4.1. Currently, we use Xneelo to register domain names, and all registrations and renewals via the Service are subject to the Xneelo Terms and Conditions (the “Xneelo Terms”), under which we’re the “Reseller”. Your breach of the Xneelo Terms is a breach of this Agreement.
11.2. ICANN. Your use of our domain Service is subject to the policies, including without limitation the dispute resolution policies, of the Internet Corporation for Assigned Names and Numbers (“ICANN”). Your rights and responsibilities as a domain name registrant under ICANN’s 2009 Registrar Accreditation Agreement available on ICANN’s website. Country code top level domain names may not be subject to ICANN policies. In such cases, the applicable policies are set forth in the Xneelo Terms.
11.3. Transfers, Renewals And Refunds. You may not be able to transfer a domain name for the first sixty (60) days following registration. For renewals, as long as your subscription remains active we will renew your domain every 12 months. We don’t offer refunds for domain purchases, renewals or transfers.
12. Term And Termination
Either of us can end this agreement at any time.
This Agreement will remain in effect until terminated by either you or us. You may terminate this Agreement at any time via your account. We reserve the right to change, suspend or discontinue, or terminate, restrict or disable your use of or access to, parts or all of the Service or their functionality at any time at our sole discretion and without notice. For example, we may suspend or terminate your use of part or all of the Service if you’re violating these Terms or our Acceptable Use Policy. We will endeavor to provide you reasonable notice upon suspending or terminating part or all of the Service. All sections of this Agreement that by their nature should survive termination shall survive termination, including without limitation Your Content, Our Intellectual Property, Warranty Disclaimers, Limitation of Liability, Indemnification, Dispute Resolution and Additional Terms.
13. Warranty Disclaimers
We work hard to make core_site great, but the Service are provided as is, without warranties.
13.1. Disclaimers. To the fullest extent permitted by applicable law, core_site makes no warranties, either express or implied, about the Service. The Service are provided “as is” and “as available”. core_site also disclaims any warranties of merchantability, fitness for a particular purpose and non-infringement. No advice or information, whether oral or written, obtained by you from Ash Glover or core_site, shall create any warranty. core_site makes no warranty or representation that the Service will: (a) be timely, uninterrupted or error-free; (b) meet your requirements or expectations; or (c) be free from viruses or other harmful components.
13.2. Exceptions. Under certain circumstances, some jurisdictions don’t permit the disclaimers in Section 13.1, so they may not apply to you. However, the disclaimers apply to the maximum extent permitted by applicable law. You may have other statutory rights and nothing in this Agreement affects your statutory rights or rights under mandatory laws. The duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by applicable law.
14. Limitation Of Liability
If something bad happens as a result of your using core_site, our liability is capped.
Unless you are an EU Consumer, you acknowledge and agree that to the fullest extent permitted by applicable law, in no event will Ash Glover and core_site and its affiliates and its and their directors, officers, employees and agents be liable with respect to any claims arising out of or related to the Service or this Agreement for: (a) any indirect, special, incidental, exemplary, punitive or consequential damages; (b) any loss of profits, revenue, data, goodwill or other intangible losses; (c) any Losses (as defined below) related to your access to, use of or inability to access or use parts, some or all of your Account, Your Sites or parts or all of the Service, including without limitation interruption of use or cessation or modification of any aspect of the Service; (d) any Losses related to unavailability, degradation, loss, corruption, theft, unauthorized access or, unauthorized alteration of, any content, information or data, including without limitation User Content and Your e-commerce data; (e) any User Content or other conduct or content of any user or third party using the Service, including without limitation defamatory, offensive or unlawful conduct or content; or (f) any Third Party Service or third party sites accessed via the Service. If you are an EU Consumer, we shall, despite any other provision in this Agreement, provide the Service with reasonable care but will not be liable for any losses which were not a reasonably foreseeable consequence of our breach of this Agreement (except in relation to death or personal injury resulting from our negligence or fraud). These limitations apply to any theory of liability, whether based on warranty, contract, tort, negligence, strict liability or any other legal theory, whether or not core_site has been informed of the possibility of such damage, and even if a remedy set forth in this Agreement is found to have failed its essential purpose. To the fullest extent permitted by applicable law (whether or not you are an EU Consumer), in no event shall the aggregate liability of core_site for all claims arising out of or related to the Service and this Agreement exceed the greater of three hundred and fifty South African Rands (R350) or the amounts paid by you to core_site in the month immediately preceding the event that gave rise to such claim. If you are an EU Consumer, core_site is liable under statutory provisions for intent and gross negligence by us, our legal representatives, directors or other vicarious agents. An “EU Consumer” means a natural person acting for purposes outside their trade, business, craft or profession (as opposed to a User for business or commercial purposes) habitually residing in the European Economic Area.
15. Indemnification
If you do something that gets us sued, you’ll cover us.
To the fullest extent permitted by law, you agree to indemnify and hold harmless Ash Glover and core_site and its affiliates and its and their directors, officers, employees and agents from and against all damages, losses, liabilities, costs, claims, demands, fines, awards and expenses of any kind (including without limitation reasonable attorneys’ fees and costs) (collectively, “Losses”) arising out of or related to: (a) your breach of this Agreement; (b) your User Content, Your Sites and Your e-commerce; (c) any claims by, on behalf of or against your End Users; (d) your violation of any law or regulation or the rights or good name of any third party; and (e) any claims from tax authorities in any country in relation to Your e-commerce operations, including without limitation your sales to individual consumers (including distance sales) and other operations for which core_site may be held jointly and severally liable. Your indemnification obligations under this Section shall not apply to the extent directly caused by our breach of this Agreement or, where you are an EU Consumer, to the extent that the consequences were not reasonably foreseeable.
15.1. NO CLASS ACTIONS. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, collective, consolidated or representative action. Class actions, class arbitrations, collective actions, private attorney general actions and consolidation with other arbitrations aren’t allowed.
Additional
16.1 Entire agreement: The Agreement constitutes the entire agreement between the parties.
16.2 No variation: No changes to our Agreement made by you are effective unless in writing and signed by the authorised signatories of both parties.
16.3 Waiver (giving up rights): Any favour we may allow you will not affect (or substitute) any of our rights against you.
16.4 Severability: If any term is void (invalid), unenforceable, or illegal, the term may be severed (removed) from and will not affect the rest of our Agreement if it does not change its purpose.
16.5 Applicable Law: South African law governs our Agreement.
16.6 Survival: Despite termination of our Agreement, any clause, which, from the context, contemplates on-going rights and obligations of the parties, will survive the termination and continue to be of full force and effect.
16.7. Modifications. We may modify this Agreement from time to time, and will post the most current version on our site. If a modification meaningfully reduces your rights, we’ll notify you (by, for example, sending you an email or displaying a prominent notice within the Service). The notice will designate a reasonable period after which the new terms will take effect. Modifications will not apply retroactively. By continuing to use or access the Service after any modifications come into effect, you agree to be bound by the modified Agreement and price changes. If you disagree with our changes, then you must stop using the Service and cancel all Services.
16.8. Events Beyond Our Control. We are not in breach of this Agreement or liable to you if there is any total or partial failure of performance of the Service resulting from any act, circumstance, event or matter beyond our reasonable control. This may include where such results from any act of God, fire, act of government or state or regulation, load-shedding, war, civil commotion, terrorism, insurrection, inability to communicate with third parties for whatever reason, failure of any computer dealing or necessary system, failure or delay in transmission of communications, failure of any internet service provider, strike, industrial action or lock-out or any other reason beyond our reasonable control.
Last update: 30 January 2020.
