Vibrant Media

Terms and Conditions

Here you'll find the terms and conditions for use of the Decision Makers Database website, as well as information relating to our Anti-Spam and Privacy Policies (including the maximum amount of data we would ever ever ever be interested in mining from you if we could ever in our wildest dreams afford servers that huge! Excuse us while we go have a lie-down.) In addition, you will be able read up on intellectual property rights and copyright relating to our logos and the site, plus get the low down on our standing as regards governing law, how we handle the whole databases thing and the security setup of the site and credit card payments etc.

Copyright

1.1 All rights not expressly granted are reserved. To obtain permissions for the commercial use of any content on this site contact The General Manager at +2711 880-5202 or e-mail admin@vibrantmedia.co.za.

1.2 Users may download, view and print content from this site for private and non-commercial purposes only.

1.3 All moral rights of Vibrant Media and its employees/agents are reserved.

1.4 Vibrant Media cannot screen or edit all the content available from the Decision Makers site and does not accept any liability for illegal, defamatory or obscene content. Users are encouraged to inform Vibrant Media of any content that may be offensive or illegal.

Intellectual Property Rights

2.1 All the content, trademarks and data on this web site, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, designs and agreements, are the property of or licensed to Vibrant Media and as such are protected from infringement by local and international legislation and treaties.

Electronic Communications

3.1 When a user registers on or sends e-mails to Vibrant Media or any of its affiliate companies, including but not limited to Front Foot, Decision Makers, Gopher, Scout, cherrieontop and Sporting Legends (hereinafter collectively referred to as Vibrant Media), that user consents to receiving communications from Vibrant Media electronically and agrees that all agreements, notices, disclosures and other communications sent by Vibrant Media satisfies any legal requirements, including but not limited, to the requirement that such communications should be "in writing".

Disclaimer

4.1 Apart from the provisions of sections 43(5) and 43(6) of the Electronic Communications and Transactions Act, neither Vibrant Media nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this web site or the services or content provided from and through this web site.

4.2 Furthermore, Vibrant Media makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this web site are free from errors or omissions. Users are encouraged to report any possible malfunctions and errors to the person referred to in clause 1.

Governing Law

5.1 This site is hosted, controlled and operated from the Republic of South Africa and therefore governed by South African law.

Security

6.1 Any person that delivers or attempts to deliver any damaging code to this web site or attempts to gain unauthorised access to any page on this web site shall be prosecuted and civil damages shall be claimed in the event that Vibrant Media suffers any damage or loss.
6.2 The user agrees and warrants that its log-in name and password shall:
6.2.1 be used for personal use only; and
6.2.2 not be disclosed to any third party.
6.3 The user allows Vibrant Media to take all reasonable steps to ensure the integrity and security of the Vibrant Media site and back-office applications.
6.4 All credit card transactions are Secure Socket Layers encrypted.

Changes To Agreement

7.1 Vibrant Media may, at its sole discretion, change this agreement or any part thereof at any time without notice.

Disputes

8.1 In the event of any dispute of any nature whatsoever arising between the parties on any matter provided for in, or arising out of this agreement, and not resolved through the Customer Relations Department of Vibrant Media, then such a dispute shall be submitted to confidential arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa. Arbitration proceedings shall be conducted in Johannesburg in English. The arbitration rules may be downloaded from: http://www.arbitration.co.za/downloads/expedited_rules.pdf

Domicilium

9.1 Vibrant Media chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature: First Floor, Cradock Place, 10 Arnold Road, Rosebank, Johannesburg

Privacy

10.1 Vibrant Media shall take all reasonable steps to protect the personal information of Users. For the purpose of this clause, "personal information" shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.workinfo.com/Free/Sub_for_legres/Data/POIDA/act2.pdf
10.2 Vibrant Media may electronically collect, store and use the following personal information of Users:
10.2.1 name and surname;
10.2.2 gender;
10.2.3 country of residence;
10.2.4 closest city;
10.2.5 e-mail address; and
10.2.6 IP address
10.3 Vibrant Media collects, stores and uses the abovementioned information for the following purposes:
10.3.1 to greet the User when he/she accesses the Vibrant Media web site;
10.3.2 subject to the User's consent, inform the User of facts relating to his/her access and use of the Vibrant Media website;
10.3.3 subject to the User's consent, inform the User about competitions and special offers from Vibrant Media and/or its partners/affiliates;
10.3.4 to compile non-personal statistical information about browsing habits, click-patterns and access to the Vibrant Media web site.
10.4 Information detailed above is collected either electronically by using cookies or is provided voluntarily by the User. Users may determine cookie use independently through their browser settings.
10.5 The User may elect not to receive any communications from Vibrant Media and/or its partners/affiliates.
10.6 Vibrant Media may collect, maintain, save, compile, share, disclose and sell any information collected from users, subject to the following provisions:
10.6.1 Vibrant Media shall not disclose personal information from Users unless the User consents thereto;
10.6.2 Vibrant Media shall disclose information without the User's consent only through due legal process; and
10.6.3 Vibrant Media may compile, use and share any information that does not relate to any specific individual.
10.7 Vibrant Media owns and retains all rights to non-personal statistical information collected and compiled by Vibrant Media.

Regarding Databases


11.1 All database information is and remains the property of Vibrant media, unless purchased outright (see point 11.7).
11.2 Payment is prior to delivery of any database purchases or rental.
11.3 Payment for E-mail campaigns and digital marketing is strictly COD until an approved line of credit has been established with Vibrant Media.
11.4 Database rentals are intended for one marketing/communication distribution only. This means one piece of post, or one fax, per member of the database only.
11.5 Database purchases allow the purchaser complete access to the purchased data and include 6 updates of that data with a 12 month period.
11.6 All database purchases and rental exclude e-mail addresses unless stipulated by a superceding agreement.
11.7 Any other distributions to the database, other than those specifically paid for, will be deemed not to be in accordance of theses terms and conditions, and will require payment as deemed appropriate by Vibrant Media, or will lead to criminal charges.
11.8 Database rentals are undertaken at the risk of the user. No guarantees are offered in terms of the accuracy of the data, and no refunds will be awarded accordingly.
11.9 Should the client make use of our e-mail campaigns to any database whether it be in house or to the Decision Makers Database, an 'unsubscribe' option will be made available on each message, in accordance with prevailing legislation.
11.10 Database e-mail distributions and rentals are undertaken at the risk of the user. No guarantees are offered in terms of the accuracy of the data, and no refunds will be awarded accordingly.

Booking Confirmations for Paid Events On Behalf Of Clients

12.1 Vibrant Media Marketing issues immediate electronic booking confirmations. If you have not received confirmation of your booking before the event, contact us to ensure that your booking has been registered.

• In cases of bookings not being confirmed, email admin@vibrantmedia.co.za or call (011) 880-5202

COSTS

13.1 Prices:
13.1.1 The price of each event/course is displayed with details of the event/course. In the event of a discount or special offer, the discounted price or special offer is displayed.
13.2 Transaction Currency All transactions will be processed in ZAR (South African Rands)
13.3 Value added tax:
13.3.1 Value added tax at the rate of 14% is charged on courses attended by South African residents.

Payment Methods

14.1 Credit card payments.
14.1.1 At the time of registering for an event, the transaction details are presented to the bank and an authorization is obtained for the amount of the order.
14.1.2 Note that to protect its own and the interests of customers, Vibrant Media Marketing cc scrutinizes all transactions very carefully to prevent attempted fraud and a transaction may be refused if Vibrant Media Marketing is not satisfied with it's legitimacy.
14.1.3 Vibrant Media Marketing operates credit card technology provided by Virtual Card Services, which is recognised by Standard Bank of South Africa.
14.2 Bank deposit payments
14.2.1 If the buyer selects to pay via bank deposit, instructions will be given on how to deposit monies into the Vibrant Media Marketing Events bank account and would it be subject to the following rules:
14.2.2 The exact amount must be paid
14.2.3 The payment must be identified by supplying the invoice number and surname or company name in the reference section of the deposit slip or on the electronic transfer.
14.2.4 Cheque deposits are subject to a clearing period.
14.2.5 No bank deposits are accepted from outside the borders of South Africa.
14.2.6 Unpaid bank deposit orders are cancelled after five business days.

Dates and Times

15.2 Vibrant Media Marketing cannot be held responsible for changes to event/course dates which may be beyond its control.

SECURITY

16.1 Any person that delivers or attempts to deliver any damaging code to this web site or attempts to gain unauthorised access to any page on this web site shall be prosecuted and civil damages shall be claimed in the event that Vibrant Media suffers any damage or loss.
16.2 The user agrees and warrants that its log-in name and password shall:
161.2.1 be used for personal use only; and
16.2.2 not be disclosed to any third party.
16.3 The user allows Vibrant Media to take all reasonable steps to ensure the integrity and security of the Vibrant Media site and back-office applications.
16.4 All credit card transactions are Secure Socket Layers encrypted.

Refund Policy

17.1.1 Vibrant Media operates a strict no refund policy.
17.2 Substitutions
17.2.1 Substitute delegates may be sent in your place. Vibrant Media need to be informed of substitutions as soon as possible.
17.2.2 We can transfer you once to any other of our courses, or course dates, provided we are notified in writing or by email no later than 5 working days before the course date.
17.3 Cancellations 17.3.1 Booking cancellations must be made in writing or by email to admin@vibrantmedia.co.za
17.3.2 Cancellations made no later than 10 working days prior to the course/event will not incur any cancellation fee.
17.3.3 Cancellation made between ten and three working days prior to the course/event will incur a 25% cancellation fee.
17.3.4 Any cancellation made within two working days prior to course/event dates will attract the full event/course fee.
17.3.5 Non arrivals will attract the full event/course fee.

GOVERNING LAW

18.1 This site is hosted, controlled and operated from the Republic of South Africa and therefore governed by South African law.

Cancellations

19.1 Booking cancellations must be made in writing or by email to amanda@vibrantmedia.co.za
19.2 Cancellations made no later than 10 days prior to the course/event will not incur any cancellation fee.
19.3 Cancellation made between ten and three days prior to the course/event will incur a 25% cancellation fee.
19.4 Any cancellation made within two working days prior to course/event dates will attract the full event/course fee.
19.5 Non arrivals will attract the full event/course fee.

CHANGES TO AGREEMENT

20.1 Vibrant Media may, in its sole discretion, change this agreement or any part thereof at any time without notice.