Terms and Conditions for BaseCloud
THIS AGREEMENT IS BETWEEN:
“The user” (in terms of this agreement the user is the individual accessing the PLATFORM and/or making use of the services provided for by BASECLOUD) AND “BASECLOUD” (as the owner of the PLATFORM and the provider of the services detailed in this agreement) YOUR ATTENTION IS DRAWN TO THESE TERMS AND CONDITIONS AND SHOULD BE CAREFULLY NOTED. USE OF THIS PLATFORM IS SUBJECTED TO THESE TERMS AND CONDITIONS PUBLISHED ON THIS PLATFORM. BY CONTINUING TO USE THIS PLATFORM YOU AGREE TO ACCEPT, WITHOUT MODIFICATION, LIMITATION OR QUALIFICATION THESE TERMS AND CONDITIONS. WE RESERVE THE RIGHT TO UPDATE THE TERMS AND CONDITIONS AT ANY TIME WITHOUT NOTICE.
Disclosures in terms of section 43 of the Electronic Communications and Transactions Act: The full name and legal status of the PLATFORM Owner and Intellectual Property Rights Holder is:
- BaseCloud (Pty) Ltd
- Registration no: 2018/328891/07
- The full address of the PLATFORM owner is detailed hereunder: 16-2 Bateleur Bastion, 969 Disselboom Avenue, Wapadrand, Gauteng, 0040
- Telephone number: 079 361 0853
- E-mail address: SJKruger@basecloudglobal.com
The PLATFORM address of this PLATFORM is:
- Physical address for receipt of legal service: 16-2 Bateleur Bastion, 969 Disselboom Avenue, Wapadrand, Gauteng, 0040
At BaseCloud we offer specialised services with regards to Google Ads Advertising. This includes advertising on the Google Search Network (GSN), the Google Display Network (GDN) and Google Video Network (GVN). BaseCloud also offers Search Engine Optimisation (SEO) recommendations and the setup of Google My Business, Google Analytics and Google Search Console accounts which assists in creating powerful advertising campaigns.
Obligations Service Eligibility You represent and warrant that you possess the legal right (eg. that you are 18 years or older) to access this PLATFORM and to be bound to these terms and conditions and to use this PLATFORM with all terms and conditions herein Your access to, and use of this PLATFORM is solely at your own risk.
You agree not to violate these terms and conditions in any manner.
Members or account holders. You agree to: choose a secure password; keep their password secure and confidential;
not transfer any information from their account to external parties, without prior consent from BaseCloud or their representatives.
Notices and Messages
You agree that we will provide notices and messages to you in the following ways: (1) within the Service, or (2) sent to the contact data you provided us (e.g., email, mobile range, physical address). You conform to keep your contact information up to date.
Service conditions and delivery
A service is available anywhere in the world with the following provisos: the BaseCloud PLATFORM is accessible; the Payment Gateway can process the card transaction; and the method of delivery is online or to an email address.
BaseCloud strives to make the BaseClouds PLATFORM available at all times, but there are eventualities beyond BaseCloud’s control that has an impact on the availability of the PLATFORM. BaseCloud services provided through partners like banks and SST sites are dependent on the availability of such partner(s). Disclosures and submissions requiring no intervention from BaseCloud officials can be requested or submitted at any time when the relevant BaseCloud channel is available. Submissions or requests that require intervention by BaseCloud Officials may also be submitted at any time that the relevant BaseCloud channel is available, but internal processing will only be performed during office hours. For purposes of calculating the service delivery service, the first day of submission is not counted. The service delivery count only commences the first working day after the day of the submission.
All services rendered by BaseCloud are Taxable in accordance with South African Value Added Tax (VAT) laws.
The delivery mechanism and delivery events are as follow:
Disclosures are done online and can send an email copy to the customer’s email address, (if supplied), as an option.
The service is considered rendered when the disclosure report has been successfully written to the customer’s browser.
Electronic submission of forms:
BaseCloud will attempt to send an email containing the result of an electronically submitted document or form (in the format of a letter and possibly a certificate) to the customer if a valid email address is available on the system.
BaseCloud reserves the right to; introduce new services; discontinue services; restrict services rendered over the Internet to selected customers or selected groups of customers; and refrain from making certain services available on the Internet at its sole discretion without prior notice to a visitor or customer. Hyperlinks, framing, spiders and crawlers No person, business or PLATFORM may; link to any page on this site without the prior written permission of BaseCloud; frame this site or any of the pages on this site in any way whatsoever; or use any technology to search and gain any information from this site without the prior written permission of BaseCloud.
Intellectual Property and restrictions on use The BASECLOUD PLATFORM consists of content which is derived entirely or in part from content supplied by BASECLOUD. The content referred to in subparagraph (1) is protected under applicable South African Intellectual Property Acts, Regulations and International Treaties and Conventions.
A visitor or customer may not reproduce, duplicate, publish, modify, copy, download, upload in any manner, post, broadcast or transmit, reverse engineer or disenable, display, or distribute or in any way exploit any of the contents that being software and/or material. Any information, content or material on BaseCloud PLATFORM and/or channels can be used, transmitted or distributed for private or personal purposes. Notwithstanding subparagraph 3.4, the use of information, content or material from BaseCloud PLATFORM or channels for business and/or commercial purposes must be used and/or distributed only if such use, transmission and/or distribution is part of the service provision to client(s), and use, distribution and/or transmission of such information, content and/or material must be limited to that specified client(s). A visitor or customer is also strictly prohibited from creating works and/or software materials derived from or which are based on the contents found on this site.
The prohibition referred to in subparagraph 3.6 applies regardless of whether the content is sold, negotiated or given away and/or further alienated in any manner whatsoever. The PLATFORM contains material which is owned by or licensed to BaseCloud. This material includes, but not limited to, the content, design, layout, look, appearance and graphics. Reproduction is prohibited in terms of the South African copyright and trade mark laws, international trade marks and copyright laws and conventions. All trademarks reproduced on the BaseCloud PLATFORM, which are not the property of, or licensed to BaseCloud, are acknowledged accordingly.
Rules of conduct for the visitor and customer.
A visitor or customer with the inclusion, but not the limitation, of the definition, agrees that he/she will not transmit submissions to the BaseCloud PLATFORM that: use any of the forums for illegal purposes; are for spamming and/or malicious intent; restrict or inhibit any other visitor or customer from using and enjoying the forums;
are unlawful, threatening, abusive, defamatory, obscene, vulgar, profane pornographic and/or allow for indecent information that constitutes a criminal offence and/or gives rise to a civil liability claim or otherwise violates any local, national or international law; violate any Intellectual Property rights of any other person by the submission of the content to BaseCloud’s PLATFORM through the forums or other avenues, which allow for such submissions. A visitor or customer by the transmission of content in any manner whatsoever, represents to BaseCloud that they are the rightful owner of such content transmitted or that the visitor or customer has obtained permission from the rightful owners to submit such content transmitted; contain viruses or other harmful content; or are intended for commercial purposes, contain marketing or promotional materials or are intended to solicit donations. A visitor or customer agrees that he/she shall be solely liable for any damage resulting from any infringement of Copyrights, Trade Marks and other proprietary rights including PLATFORM content or any other damages resulting from such a submission. A visitor or customer further indemnifies and holds BaseCloud harmless against all claims for any damages whatsoever arising from the use of the BaseCloud PLATFORM. It is a criminal offence in terms of the Companies Act, 71 of 2008 to submit any information that is misleading or has the intention to defraud BaseCloud or any other person.
Customers who use services of BaseCloud may be held liable for the information and content submitted by them on behalf of themselves or their clients and can therefore be held criminally liable by BaseCloud if the information or content is found to be misleading, fraudulent or has the intention to cause harm to others.
Disclaimers, Warranty and Limit of Liability.
A visitor or customer expressly agrees that the use of the BaseCloud PLATFORM or channel is at his/her sole risk.
BaseCloud does not guarantee or warrant that:
the BaseCloud PLATFORM will be uninterrupted; the BaseCloud PLATFORM and/or its content will be default free and that the defects will be corrected; provisions stated within any Act, will get preference above any content as reflected on the BaseCloud PLATFORM; the information, content or material on BaseCloud PLATFORM and channels is accurate, and free of errors; the servers that make the content available are free from viruses, other harmful content or any other code which is able to compromise in any manner the operation, security or content of the User’s computer or mobile system, network, hardware or software; or any merchandise provided through the BaseCloud PLATFORM.
The BaseCloud PLATFORM is provided “AS IS” and on an “IS AVAILABLE” basis, without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to warranties of satisfactory quality, non-infringement, title, security and compatibility.
Neither BaseCloud nor any third parties provide any warranty or guarantee as to the accuracy, timelines, performance, completeness or suitability of the information and materials found or offered on this PLATFORM. A customer using the BaseCloud PLATFORM acknowledges that such information and materials may contain inaccuracies or errors and therefore expressly exclude liability for any such inaccuracies or errors.
A visitor or customer acknowledges and confirms BaseCloud indemnity to, including but not limited to, indirect, direct, incidental, special, consequential or punitive damages arising from the use of or inability to use BaseCloud sites.
A visitor or customer acknowledges that the provisions of this paragraph shall apply to all the contents of the BaseCloud PLATFORM.
The disclaimer of liability applies to damages or injury, including but not limited to, indirect, direct, incidental, special, consequential or punitive damages or any damages whatsoever arising from use or loss of use of data or of profits, whether in breach of contract, tortuous action, negligence, or under any other cause of action.
If any of the terms and conditions of this agreement should be deemed to be unlawful, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms and conditions are intended to be effective than to the extent only and within the jurisdiction in which that term and condition is illegal, invalid or unenforceable, it shall be severed and deleted from this agreement and the remaining terms and conditions shall survive, remain in full force and effect and continue to be binding and enforceable.
To the extent allowed under the laws governing this agreement BaseCloud and its affiliates, service providers and administrators disclaim all expressed or implied warrantees and representations and do not guarantee that our services will function without error and or interruption Termination The User may terminate this Contract at any time by providing 30 (thirty) days’ notice to BaseCloud. On termination, the User shall lose the right to access or use the Services.
The following shall survive termination:
Our rights to use and disclose your feedback; Members and/or Visitors’ rights to further re-share content and information you shared through the Service to the extent copied or re-shared prior to termination; Any amounts owed by either party prior to termination remain owed after termination.
If a visitor or customer does not accept all the terms and conditions in full, such visitor or customer must exit the site immediately and not make use of the PLATFORM. BaseCloud has the exclusive discretion to terminate the agreement at any time with or without notice. After a visitor or customer has exited the site as aforesaid such visitor or customer must destroy all content, whether materials or software, obtained from the site and all copies thereof. In the event of a visitor or customer failing to exit the site as aforesaid BaseCloud has the right to claim any indirect, direct, incidental, special or punitive damages caused to BaseCloud from such visitor’s or customer’s unauthorised access and/or use of the BaseCloud PLATFORM. A visitor or customer indemnifies BaseCloud against any claims for damages of whatsoever nature caused to another party by such visitor or customer unauthorised use and/or access of the sites.
Electronic Communication Legal Notice.
The email including attachments, is confidential, may be privileged and is intended solely for the use of the addressee. If you are not the intended recipient do not disclose, distribute or retain it, and please notify the sender immediately and then delete this email. Email is not necessarily secure or error free as information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete or contain viruses. It is your responsibility to ensure that emails are virus free. No one may conclude a contract on behalf of the BaseCloud via email without express written confirmation by a duly authorised representative of BaseCloud. BaseCloud accepts no responsibility for any loss or damages arising in any way from the use of this email as a means of communication. Views and opinions expressed in the email are those of the sender unless clearly stated otherwise Governing Law and Dispute Resolution These Terms and Conditions, the relationship between the User and BaseCloud, or any dispute arising from or in connection with these Terms and Conditions or the use of the PLATFORM, or any other online platform whereon BaseCloud makes available their Services, shall be governed and interpreted in accordance with the laws of the Republic of South Africa.
These terms and conditions will be governed by and construed in accordance with South African laws. These terms and conditions shall be for the benefit of The BaseCloud and may be waived at our own discretion.
To the extent allowed by law, the English language version of this Contract is binding and other translations are for convenience only. This Contract (including additional terms that may be provided by us when you engage with a feature of the Services) is the only agreement between us regarding the Services and supersedes all prior agreements for the Services.
If we don’t act to enforce a breach of this Contract, that does not mean that BaseCloud has waived its right to enforce this Contract. You may not assign or transfer this Contract (or your membership or use of Services) to anyone without our consent. However, you agree that BaseCloud may assign this Contract to its affiliates or a party that buys it without your consent. There are no third-party beneficiaries to this Contract.
You agree that the only way to provide us legal notice is at the addresses provided in Section 9.
BaseCloud’s “Dos and Don’ts”
Dos”, the user undertakes to:
Comply with all applicable laws, including, while not limitation, privacy laws, intellectual property laws, anti-spam laws, export management laws, tax laws, and regulatory requirements;
Provide correct information to us and keep it updated; Use your real name on your profile; and
Use the Services in a professional manner.
“Don’ts”, the user undertakes to not:
Create a false identity on professional, misrepresent your identity, create a Member profile for anyone other than yourself (a real person), or use or attempt to use another’s account; Develop, support or use software, devices, scripts, robots, or the other means that or processes (including crawlers, browser plugins and add-ons, or any other technology) to scrape the Services or otherwise copy profiles and other information from the Services;
Override any security feature or bypass or circumvent any access controls or use limits of the Service (such as caps on keyword searches or profile views); Copy, use, disclose or distribute any information obtained from the Services, whether directly or through third parties (such as search engines), without the consent of Practitioner; Disclose information that you just don’t have the consent to disclose (such as confidential information of others (including your employer) ; Violate the intellectual property rights of others, as well as copyrights, patents, trademarks, trade secrets, or alternative proprietary rights. For example, don’t copy or distribute (except through the available sharing functionality) the posts or other content of others without their permission, which they may give by posting under a Creative Commons license; Violate the intellectual property or other rights of BaseCloud, including, without limitation, (i) copying or distributing our learning videos or other materials or (ii) copying or distributing our technology, unless it is released under open source licenses; (iii) using the word “BaseCloud” or our logos in any business name, email, or URL except as provided in Brand Guidelines; Post anything that contains software viruses, worms, or the other harmful code; Reverse engineer, decompile, destruct, decipher or otherwise attempt to derive the source code for the Services or any related technology that is not open source;
Imply or state that you are affiliated with or endorsed by BaseCloud without our express consent (e.g., representing yourself as an accredited Practitioner trainer; Rent, lease, loan, trade, sell/re-sell or otherwise monetize the Services or related data or access to the same, without BaseCloud’ consent; Deep-link to our Services for any purpose other than to promote your profile or a Group on our Services, without BaseCloud’ consent; Use bots or other automated methods to access the Services, add or download contacts, send or redirect messages; Monitor the Services’ availability, performance or functionality for any competitive purpose; Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services; Overlay or otherwise modify the Services or their appearance (such as by inserting elements into the Services or removing, covering, or obscuring an advertisement included on the Services); Interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, gaming algorithms); and/or Violate the Professional Community Policies or any additional terms concerning a specific Service that are provided when you sign up for or start using such Service.
Complaints regarding Content.
We respect the intellectual property rights of others. We require that information posted by Members be accurate and not in violation of the intellectual property rights or other rights of third parties. We offer a policy and process for complaints concerning content posted by our Members.
13. Contact Information
If you have any questions, queries or wish to request permission to use any part of this PLATFORM, including linking, framing, or searching please contact us at:
Telephone number: 079 361 0853