Cultural Guiding provides its services to you subject to the terms and
conditions set out herein. By accessing the Cultural Guiding website
("website") and using any of the services offered via the website from time to time
("the services") and/or by purchasing any goods or items via the website,
you shall be deemed to have agreed to all the terms and conditions set out
herein.
Cultural Guiding may at any time modify these terms and conditions
and your continued use of the website will be subject to the terms and
conditions in force at the time of your use.
Accordingly you agree to review
these terms and conditions periodically, and your continued access or use
of the website shall be deemed to be your acceptance of the amended terms
and conditions of the website.
Content Of The Website
Whilst every effort is made to update the information provided on
this website on a regular basis, Cultural Guiding makes no representations or
warranties, whether express, implied in law or residual, as to the accuracy,
completeness or reliability of information contained on any of the pages
comprising the website and shall not be bound in any manner by any
information contained on the website or any of the pages comprising the website.
Cultural Guiding reserves the right at any time to change or discontinue without
notice, any aspect or feature of this website. No opinions, information,
data or content contained on the website shall be construed as advice and
same are offered for information purposes only. Cultural Guiding gives no
warranty or representation in relation to the accuracy, completeness or
reliability of any such opinions, information, data or content.
Copyright
Copyright and all intellectual property rights in all materials
(including but not limited to any source code) made available through this website
are owned by Cultural Guiding alternatively, Cultural Guiding is the lawful user
thereof and are protected by both South African and international
intellectual property laws. Accordingly, any unauthorised copying, reproduction,
retransmission, reverse engineering, disenablement, distribution,
dissemination, sale, publication, broadcast or other circulation or exploitation of
such material as aforesaid or any component thereof will constitute an
infringement of such copyright and other intellectual property rights.
The trademarks, names, logos and service marks (collectively "trademarks")
displayed on this website are registered and unregistered trademarks of
Cultural Guiding.
Nothing contained on this website should be construed as granting
any license or right to use any trademark without the prior written
permission of Cultural Guiding; save that you may download, display and print one
copy of the material presented on this website on a single computer for your
personal, non commercial use only and provided that all proprietary notices
and restrictions attached to such material are at all times kept
intact.
External Links
External links may be provided for your
convenience, but they are beyond the control of Cultural Guiding and no representation
is made as to their content. Use or reliance on any external links provided
is at your own risk. When visiting external links you must refer to that
external websites terms and conditions of use.
No hypertext links shall
be created from any website controlled by you or otherwise to this website
without the express prior written permission of Cultural Guiding.
Children
If you are under 18 years of age, you may use this website only
with the involvement of a parent or guardian. If you represent that you are
of sufficient legal age to use this website you will be bound by any legal
obligations and liabilities that you may incur as a result of the use of
this website.
Public Forums And User Submissions
Cultural Guiding is not responsible for any material, including but not limited to text,
submissions, images, audio and/or video (collectively "materials`")
submitted to the public areas by you (which include bulletin boards, or any other
public area found on the website).
Any material (whether submitted by you or any other user) is not endorsed, reviewed or approved by Cultural Guiding.
Cultural Guiding reserves the right to terminate your registration as
a subscriber to the website and to remove any material submitted or posted
by you in the public areas, without notice to you, if it becomes aware and
determines, in its sole and absolute discretion that you are or there is
the likelihood that you may -
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defame, abuse, harass, stalk, threaten or
otherwise violate the rights of other users or any third parties;
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publish, post, distribute or disseminate any defamatory, obscene, indecent or
unlawful material or information;
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upload files that contain viruses,
corrupted files or any other similar software or programmes that may damage
the operation of Cultural Guiding and/or a third party's computer system
and/or network;
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violate any copyright, trademark, other applicable South
African or international laws or intellectual property rights of
Cultural Guiding or any other third party;
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submit contents containing marketing
or promotional material or which is intended to solicit business.
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You further agree not to use the website to send or post any message or
material that is unlawful, harassing, defamatory, abusive, indecent,
threatening, harmful, vulgar, obscene, sexually orientated, racially offensive,
profane, pornographic or violates any applicable law and you hereby indemnify
Cultural Guiding against any loss, liability, damage or expense of whatever
nature which Cultural Guiding or any third party may suffer which is caused by or
attributable to, whether directly or indirectly, your use of the website to
send or post any message or material as aforesaid.
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By submitting any content (including but not limited to photographs taken by you) to the
website and/or any public area including any competitions sponsored by
Cultural Guiding, you grant Cultural Guiding a royalty-free, perpetual, irrevocable,
non-exclusive license to use, reproduce, modify, adapt, publish, create
derivative works from, distribute, display the content (in whole or in part)
worldwide and/or to incorporate and to allow third parties to incorporate
and/or use the content in other works in any form, media or technology.You
warrant that you are entitled to grant Cultural Guiding such rights as aforesaid
and the granting of such rights will not infringe the copyright or other
intellectual property rights of any third person.
You hereby indemnify Cultural Guiding against any loss, liability, damage or expense of whatever
nature, which Cultural Guiding or any third party may suffer as a result of
Cultural Guiding or any third party exercising any of the rights as aforesaid.
Warranties
Cultural Guiding makes no warranties, representations,
statements or guarantees (whether express, implied in law or residual)
regarding the website, the suitability of any of the services for a particular
purpose nor with regard to the merchantability and fitness for a particular
purpose of any goods and items offered for sale on this website, all of
which are provided on an "as is" basis. In addition, as Cultural Guiding
provides certain services to you via the internet Cultural Guiding makes no
representations, nor gives any warranties or guarantees of any nature as to the
availability of any communications network or systems of any third party on
whom you or Cultural Guiding rely to provide any of the services.
Disclaimers
Cultural Guiding shall not be responsible for, and disclaims all liability for any loss,
liability, damage (whether direct or consequential), personal injury or expense of any
nature whatsoever which may be suffered by you, or any third party as a result of, or
which may be attributable, directly or indirectly, to the use of, or reliance on, any
information provided on the website or any pages of the website.
This includes, but is not limited to HTML displayed content, e-mail sent from the website,
services, goods and items provided and / or purchased via this website.
With respect to any viruses that may infect your computer, or other property on account of
your access to and / or use of this website; use of content, data or information made available
via the website; any failure, delay or unavailability of the site; or any services offered via
the site for any reason whatever; and the supply, or failure or delay in supplying any of the
services offered via the site you hereby indemnify Cultural Guiding [in respect of any loss, liability,
damage (whether direct or consequential) or expense of any nature whatsoever, which may be suffered by
you or any third party
Sales Terms And Conditions
For non-South African citizens
Due to the fact that our prices are all quoted in South African Rands, there will be an automatic currency
conversion when you purchase by credit card. Therefore due to slight currency fluctuations, the amount
eventually reflected on your credit card statement in your local currency may vary slightly from the amount
calculated on your date of purchase.
Since Cultural Guiding is a division of Ripple Effect 4 (Pty) Ltd., your credit card statement will reflect a
transfer of funds to this company and not to Cultural Guiding.
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Your receipt of an electronic or other form of order confirmation does not signify
Cultural Guiding's acceptance of your order. Cultural Guiding reserves the
right at any time after receipt of your order, to decline your order, for any
reason whatsoever.
If your order is declined you will be notified via e-mail. Cultural Guiding may require additional verifications or information
before accepting any order for any goods and items sold on the website.
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We accept the following credit cards [Visa], [MasterCard], [Amercan Express] and [Diners Club].
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Product descriptions contained on our website are the representations of our suppliers.
Cultural Guiding is not responsible for typographical, pricing,
product information or shipping errors.
Any recommendations, formulae, figures, advice, specifications, illustrations, diagrams, dimensions,
weights or other information provided on the website is approximate and for
information purposes only and, unless otherwise expressly stated in writing,
does not form the basis or any part of a sale. Advertised prices and
availability are subject to change without notice. If goods or items offered by
Cultural Guiding are not as described, your sole remedy is to return such goods
or items in their original condition on the basis set out in 8.8.
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Cultural Guiding will use reasonable endeavours to maintain full system
availability, except during scheduled maintenance periods.
Should Cultural Guiding experience technical difficulties, Cultural Guiding is not responsible for
goods and items ordered that are not processed, accepted or delivered.
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Ownership of any goods and items shall not pass to you until the total
purchase price payable therefore has been received by Cultural Guiding in
full.
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All risk attaching to any goods or items purchased will pass to
you as soon as the goods or items have been delivered to you provided that if
you fail and/or refuse to take delivery of the goods or items when delivery
is made, risk shall be deemed to have passed when delivery is tendered to
you as evidenced by the electronic receipt as sent by Cultural Guiding to you
after the purchase has been concluded.("delivery date").
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Where any tariffs, duties or taxes as imposed or levied by any government or
governmental agency, including without limitation, national and local sales, use and
value added tax are imposed pursuant to the sale of any goods and items on
the website you shall be liable to pay any such tariffs duties or taxes
when due.
Return Policy:
Due to the digital nature of of our products, returns or refunds cannot be considered and are not available.
The only consideration for refunds will be made where course content has been purchased more than once. If a reversal
of this transaction is granted, there will be a 5% surcharge. This is to cover the cost of the credit card transaction only,
since Ripple Effect 4 incurs a 5% cost of sale on all transactions, to bank charges.
Credit Card Charge Back Policy
Should you institute a Charge Back on a credit card purchase, without informing Cultural Guiding
of your intention to do so, Cultural Guiding will immediately:
- Re-process your transaction
- Include a 15% penalty
If you have any problems, questions or suggestions, please do not hesitate to CONTACT
Cultural Guiding or Fax: 0866 55 32 85 (with South Africa only).
Security Policy
Is it safe to use your credit card on Cultural Guiding ? In the case of buying from Cultural Guiding the answer
is YES. The reason for this is that a totally secure Internet transaction
processing connection manages any credit card purchase that you do on
Cultural Guiding. Cultural Guiding has a number of security features which address
the concerns of electronic commerce via the Internet and which combine to
make it many times more secure than the traditional uses of your credit card,
such as telephone or mail order.
Communication between you and Cultural Guiding is encrypted using the Secure Socket Layer ("SSL") mechanism built
into your browser.
Encryption scrambles your information so that the transaction details cannot be cracked. This ensures that all information is kept
private and therefore cannot be seen or altered by anyone else over the Internet.
Furthermore, you have the opportunity to register your private
information within the transaction processing service when you do your first
purchase transaction or when you register on Cultural Guiding as a user.
Another advantage of registering your details is that you only need to
spend time completing the order form once, providing details such as shipping
information, e-mail address and other pertinent details.
The next time you wish to purchase something the whole process will take place really
quickly - you simply enter your password and your order form details are
automatically provided.
For security reasons Cultural Guiding will not store
your credit card details, and therefore you will need to re-enter this with
each order.
How do online transactions work?
We use SSL technology to send your credit card number to our secure server. Access to this
machine is strictly controlled further protecting you, by avoiding
unauthorized access to personal data. SSL sends your details in an encrypted format.
Once your credit card details are input, an online check of your creditm card with our acquiring banks is done.
This ensures that the number that you entered actually corresponds to a real credit card number and is not
one that has been made up. The system will also check the card number against a number of "Hot card lists" to
ensure that no fraudulent use is being made of a card. This online verification of your details is carried out
over a secure line to the bank.
After your merchandise has been downloaded, your credit card will be charged. Our transaction
system currently works with Web browsers that can use SSL such as Netscape Navigator and Microsoft Internet Explorer.
Privacy Policy
Cultural Guiding is committed to respecting the privacy rights of all users.
Cultural Guiding collects user information in an effort to improve the users
experience.
What information does Cultural Guiding collect?
Information you supply us.
Any information that you send to our website and received will be stored. Such as for example, when you register on
Cultural Guiding, you will be required to create a user name and password.
Furthermore you will be able to register personal information, which information is
contained behind secured networks and is only accessible by a limited number
of employees who have special access rights to such systems.
Automatically generated information.
Like many other sites, Cultural Guiding employs the use of "Cookie" technology.
This technology allows us to obtain certain types of information when your web browser accesses the
website.
The information that is received by Cultural Guiding is stored behind secure networks.
The use of "Cookies" allows us to build a better experience for you, by monitoring what you like on the website and thus building
a unique offering for you. There are a number of companies that have
created and offer tools to help you visit a site anonymously.
Obviously if you employ the use of such tools, we will not be able to provide you with a
personalized experience.
However we do want you to be aware that such tools are available
What is a Cookie?
A Cookie is an alphanumeric identifier that is transferred from our website to your computer's hard
drive.
This is transferred through your web browser and enables us to recognize you, and thus built a personalized offer for you.
Most browsers will tell you how to prevent your browser from receiving cookies, to notify
you when you receive a new cookie, to disable cookies. A good staring point
for such information is the Help link on the browser.
Agents.
Cultural Guiding may at times employ other companies or individuals to perform
certain functions on our behalf.
For example, the fulfilment of orders, credit card processing and marketing assistance to name a few.
They have access to your personal information in order to fulfil their function, but
may not use it for any other purpose.
Acquiring New Businesses and Developing New Relationships.
In the event Cultural Guiding acquires a new business or creates a new venture with another company, users personal
details may be transferred across such business units.
You acknowledge and agree that your personal and any other details may be disclosed and assigned
in the manner as aforesaid.
Complying with Law and Protection of Cultural Guiding.
Cultural Guiding may release personal information which may be required in terms of law or any regulations, to enforce our conditions of
use and to protect the interests and rights of the website, users and other
third parties.
Your Consent.
By your use of the website, you consent to the collection and use of the information by Cultural Guiding on the
basis set out in this 9. If we decide to change our privacy policy, such
changes will be posted on these pages to ensure that you are always aware of
the information we collect, how we use it and under what circumstances we
disclose it. You also consent to receiving email from Cultural Guiding.
Feedback.
Cultural Guiding welcomes all questions, comments and concerns about privacy.
Please send us all and any feedback relating to this at:culturalguiding@re4.co.za
General
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These terms and conditions constitute the sole record of the agreement between you and
Cultural Guiding in relation to the subject matter hereof. Neither you nor
Cultural Guiding shall be bound by any express tacit or implied representation,
warranty, promise or the like not recorded herein.
These terms and conditions supersede and replace all prior commitments, undertakings or
representations, whether written or oral, between you and Cultural Guiding in
respect of the subject matter hereof. No addition to, variation or agreed
cancellation of any provision of these terms and conditions shall be binding upon
either you or Cultural Guiding unless agreed to by Cultural Guiding. No
indulgence or extension of time which either you or Cultural Guiding may grant to
the other will constitute a waiver of or, whether by estoppel or otherwise,
limit any of the existing or future rights of the grantor in terms hereof,
save in the event or to the extent that the grantor has signed a written
document expressly waiving or limiting such rights.
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All provisions of these terms and conditions are, notwithstanding the manner in which they
have been grouped together or linked grammatically, severable from each other.
Any provision of these terms and conditions which is or becomes
unenforceable in any jurisdiction, whether due to voidness, invalidity,
illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only
and only to the extent that it is so unenforceable, be treated as pro non
scripto and the remaining provisions of these terms and conditions shall
remain in full force and effect.
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Should Cultural Guiding be prevented from fulfilling any of its obligations to you as a result of any event of
force majeure, then those obligations shall be deemed to have been suspended to
the extent that and for as long as Cultural Guiding is so prevented from
fulfilling them and your corresponding obligations shall be suspended to the
corresponding extent.
In the event that force majeure continues for more
than thirty days after it has first occurred then Cultural Guiding shall be
entitled (but not obliged) to terminate all of its rights and obligations in
terms of or arising out of these terms and conditions and/or any service by
giving notice to you.
An "event of force majeure" shall mean any event
or circumstance whatsoever which is not within the reasonable control of
the affected party including, without limitation, vis major, casus fortuitus,
any act of G-d, strike, theft, riots, explosion, insurrection or other
similar disorder, war (whether declared or not) or military operations, the
downtime of any external telecommunications line, power failure, international
restrictions, any requirement of any international authority, any
requirement of any government or other competent local authority, any court order,
export control or shortage of transport facilities.
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These terms and conditions shall be governed by and construed in accordance with the laws of
the Republic of South Africa without giving effect to any principles of
conflict of law.
You hereby consent to exclusive jurisdiction of the High
Court of South Africa in respect of any disputes arising in connection with
the services referred to herein, or these terms and conditions or any
matter related to or in connection therewith.
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