INTRODUCTION
These are the Terms and Conditions of use relating to the Flume Websites located at the following URL – https://flume.co.za/ & https://flume-agency.com (“the Websites”) provided by Flume. These terms and conditions (“Terms and Conditions”) govern your (“the User”) use of the Websites. By accessing or using the Websites, the Users bind themselves to the Terms and Conditions set out in this document. The content of, and available on, the Websites, is either proprietary to Flume or utilized in terms of a written license agreement entered into between Flume and the proprietor of such content. As such, the Users may not access, display, use, download, and/or otherwise copy or distribute any such content obtained on the Websites for any purposes other than as provided for in these Terms and Conditions without the prior consent of Flume, or the individuals to whom any relevant personal information relates.
DEFINITIONS
The headnotes to the clauses of these Terms and Conditions are for reference purposes only and shall in no way govern or affect the interpretation of nor modify nor amplify these Terms and Conditions nor any clause hereof.
Unless the context dictates otherwise, the words and expressions set forth below shall bear the following meanings and cognate expressions shall bear corresponding meanings:
Active Processing
Shall mean instances where Flume has directly been provided with the Personal Data of Data Subjects, such as when Users submit an enquiry in respect of the Services, or when Users provide Personal Data to Flume pursuant to making use of the Websites.
Applicable Laws
Means all applicable laws, regulations, regulatory requirements and codes of practice of any relevant jurisdiction, as amended and in force from time to time.
Client
Shall mean any Person making use of the Flume Websites.
Cookies
Means small text files that store Non-personally Identifiable Information about Users, either temporarily in connection with a User’s Internet Protocol (IP) address (known as a temporary or session cookie, and deleted once a Data Subject closes their browser window) or more permanently on the hard drive of a User’s device (known as a permanent or persistent cookie).
Device
Shall mean the device used by the User to access the Websites, such as a desktop computer, laptop, smart phone, tablet or similar device.
Data Protection Legislation
Means any data protection or data privacy laws applicable within any Territory.
Data Subject(s)
Shall mean any person to whom any Personal Data relates, which shall include the User.
Flume
Shall mean Flume Communications (Pty) Ltd, a company duly registered and incorporated in accordance with the laws of the Republic of South Africa with registration number 2012/213644/07 and Flume Agency B.V. a company incorporated in accordance with the laws of The Netherlands.
Flume’s Associates
Means Flume’s officers, servants, agents or contractors or any other persons in respect of whose actions Flume may be held to be vicariously liable;
Governing Law
Shall mean the laws of the Republic of South Africa.
Intellectual Property
Shall mean all intellectual property subsisting in, pertaining to or used on, through or by means of the Websites, including, without limitation, documents, designs, Trade Marks, service marks, data, trade secrets, methods and know-how, as well as copyright, including, without limitation, all copyright in any documents, logos, designs, multimedia works, software (including both source and object code and any programmers’ or developers’ notes, flow charts, memoranda and design documents), as well as any goodwill and rights of reputation attaching to any of the above.
Non-personally Identifiable Information/Data
Means any information/data which cannot be linked to Users, such as an internet domain name, the type of web browser used by a User, the type of operating system relied on by a User, the date and time of a User’s visit to our Websites, the specific pages a User may have visited, and the address of the Websites which a User may have visited prior to entering or gaining access to Flume’s Websites.
Passive Processing
Means instances where Flume has not actively been provided with the Personal Data of Users, such as when Flume deploys inactive means to collect information from Users. These Passive Processing means allow Flume to Process certain kinds of Non-personally Identifiable Information which can perhaps not be linked to Users.
Person
Shall mean, where the context so requires, an individual, firm, company, corporation, juristic person, local authority, and any trust, foundation, organisation, association or partnership, with or without a separate juristic personality.
Personal Data
Personal data is regarded as any information relating to a User/Data Subject. A Data Subject shall also include any Person, User, Client or Service Provider. Personal data would enable the identification of a Person or any Data Subject, in particular by reference to identifying information such as a name, identification number, registration number, financial information, statutory information, location data, online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, social, corporate or financial identity of that Person. Special categories of data include personal data pertaining to any of the following about a Data Subject such as, but not limited to racial or ethnic origin, political opinion or adherence, religious or philosophical beliefs, membership of a trade union, physical or mental health or condition, sexual orientation, practices or preferences, genetic or biometric data that is uniquely identifying.
Privacy Policy
Means Flume’s privacy policy sourced at https://flume.co.za/, which is supplementary and complimentary to these Terms and Conditions, and which provisions are read into these Terms and Conditions as if specifically incorporated herein.
Processing
Shall mean any automated or manual activity of collecting, recording, organizing, storing, updating, distributing and removing or deleting Personal Data.
Services
Shall refer to the Websites and in addition to the information, and any services, provided on and through the Websites.
Service Providers
Shall mean any Person that has been contracted by Flume to render specific Products or Services to clients of Flume.
Territory
Shall mean any country where Flume and its Affiliates conduct business or have operations or are actively pursuing business development opportunities, as well as such other countries as may be stated on Flume’s Websites from time to time.
Trademarks
Shall mean all registered and unregistered trademarks, trade names, symbols, signs, insignia, emblems, logos and slogans utilized by Flume in facilitating the User’s use of the Services, as well as on the Websites.
User(s)
Shall mean any Person(s) nominated who use the Websites and associated Services.
Web-based Format
Shall mean the format of the Websites which can be accessed by the Users through their web browser by entering a particular Websites.
Websites
Means the Websites owned and operated by Flume sourced at https://flume.co.za and https://flume-agency.com.
Unless inconsistent with the context or save where the contrary is expressly indicated:
Unless inconsistent with the context, an expression which denotes:
The words “include” and “including” mean “include without limitation” and “including without limitation”. The use of the words “include” and “including” followed by a specific example or examples shall not be construed as limiting the meaning of the general wording preceding it: the application of the eiusdem generis rule is excluded;
Where any term is defined within the context of any particular clause in these Terms and Conditions, the term so defined, unless it is clear from the clause in question that the term so defined has limited application to the relevant clause, shall bear the same meaning as ascribed to it for all purposes in terms of these Terms and Conditions, notwithstanding that that term has not been defined in this clause.
The expiration or termination of these Terms and Conditions shall not affect such of the provisions of these Terms and Conditions which expressly provide that they will operate after any such expiration or termination or which of necessity must continue to have effect after such expiration or termination, notwithstanding that the clauses themselves do not expressly provide for this.
CONTRACTUAL CAPACITY TO ACT
The User warrants that he / she is at least 18 (eighteen) years of age and has the necessary contractual and mental capacity to enter into and be bound by these Terms and Conditions. Where the User acts on behalf of another Person, the User warrants that he / she has the necessary authority and capacity to enter and bind such Person to these Terms and Conditions.
UPDATING OF THESE TERMS AND CONDITIONS
Flume reserves the rights to change, modify, add or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to this Websites. It is the obligation of User to periodically check these Terms and Conditions on the Websites for changes or updates. The continued use of this Websites by the User following the posting of changes or updates, will be considered notice of the User’s acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.
ELECTRONIC COMMUNICATIONS
By using the Websites or communicating with Flume by electronic means, the User consents and acknowledges that any and all agreements, notices, disclosures, or any other communication shall have been adequately addressed to the User upon transmission by e-mail to the e-mail address provided by the User and it constitutes proper notice to the User.
The User also accepts that when visiting the Websites or communicating with Flume electronically, Flume may communicate with the User, using various electronic channels. All records that a User sends to Flume may be stored electronically and with third parties, although these third parties are bound by the strictest levels of confidentiality. These electronic records shall be proof of the records, unless you can prove otherwise.
THIRD PARTY SERVICE PROVIDERS PRODUCTS AND SERVICES
At the discretion of Flume, they may include references to or facilitate access to services rendered by third-party Service Providers and provide links to the sites of third-party Service Providers. These third-party Service Providers and their sites have separate and independent terms and conditions of use and privacy policies applicable to their products, services, and respective sites. Flume shall bear no responsibility or liability for the Products and Services offered or rendered by such third-party Service Providers or the content and services provided through or by means of their respective sites.
Flume makes no warranties or representations whatsoever regarding the Products and Services offered or rendered by any third party Service Provider, or the content or activities of such third-party Websitess, which may be accessed or used through or by means of the Flume’s Websites.
The User acknowledges that Flume merely facilitates the User’s access to such third party’s products, services and/or Websites and does not itself offer the products or render the services of such third party to the User.
The User acknowledges that neither Flume, nor its directors, prescribed officers, agents or assigns, shall be held responsible for any direct or indirect special, consequential or other damage of any kind whatsoever suffered or incurred, related to the use of, or the inability to access or use the content of or the Websites of a third party, as well as any functionality of said Websites and the products offered or services rendered through or by means of said Websites, or of any linked Websites, even if Provider is expressly advised thereof.
These third-party Websitess and advertisers, or internet advertising companies working on their behalf, sometimes use technology to send (or ‘serve’) the advertisements that appear on the Websites directly to the User’s browser. They automatically receive the User’s IP address when this happens. They may also use Cookies, JavaScript, web beacons (also known as action tags or single-pixel gifs), and other technologies to measure the effectiveness of their ads and to personalise advertising content to Users. Flume does not have access to or control over Cookies or other features that such third parties may use, and the information practices of these advertisers and third-party Websitess are not covered by these Terms and Conditions. Please contact them directly for more information about their privacy practices.
LIMITATION OF LIABILITY
The Websites and all content on the Websites, including any current or future offer of products or services, are provided on an “as is” basis, and may include inaccuracies or typographical errors. Flume makes no warranty or representation as to the availability, accuracy or completeness of the content. Neither Flume, its directors, members, prescribed officers, agents or assigns, shall be held responsible for any direct or indirect special, consequential or other damage of any kind whatsoever suffered or incurred, related to the use of, or the inability to access or use the content or the Websites or any functionality thereof, or of any linked Websites, even if Flume is expressly advised thereof.
Neither the User or any other person shall have any claim against Flume for any direct, consequential, incidental, indirect or special loss or damages, including, without limitation, business interruption, loss of business information, loss of data or other pecuniary loss, arising from the unavailability of the Services, regardless of whether such claim is based on breach of contract, delict, breach of implied warranties or otherwise and even if the possibility of such loss or damages could have been foreseen or if Flume was negligent.
Flume therefore does not guarantee that (i) the Websites; (ii) the information, content, tools or materials included on the Websites; (iii) Flume’s servers; or (iv) that any electronic communications sent by Flume will be free from viruses or other harmful components. Flume will not be liable for any damages of any kind arising from your use of the Websites, the Services or from any information, content, tools or materials included on or otherwise made available to the User through the Websites, including for direct, incidental, punitive and/or consequential damages.
Although Flume is committed to providing Users with the best possible Service, Flume shall not be responsible for:
GOVERNING LAW
The Websites is controlled, operated and administered by Flume within the Republic of South Africa. Access to the Websites from territories or countries where the use of the Websites or the Services provided through the Websites is illegal, is prohibited and by accessing the Websites, the User, acting on behalf of the Client, agrees that the laws of the Republic of South Africa will govern these Terms and Conditions, as well as any dispute which may arise from these Terms and Conditions.
CASUAL SURFING
The User may visit the Websites without providing any personal information. The Websites servers will in such instances collect the IP address of the User’s computer or other electronic device, but not the e-mail address or any other distinguishing information. This information is aggregated to measure the number of visits, average time spent on the Websites, pages viewed, etc. Flume uses this information to determine use of the Websites, and to improve content thereon. Flume assumes no obligation to protect this information and may process such information without limitation.
INDEMNITY AND CONDITIONS
Although Flume will do everything reasonably within its power to ensure that the Websites will be operational, the User accepts that Flume may not be in control of all the circumstances surrounding the Services associated with the use of the Websites.
Flume shall not be held liable for any direct or indirect damages or losses suffered as a result of any incorrect, inaccurate or late provision of any of the Services in the event that the Websites may be temporarily unavailable or dysfunctional.
Flume shall not be liable for any direct or indirect damages or losses suffered by the User or any Person represented by the User, as a result of any negligence on the part of Flume, any of its agents, Service Providers or representatives in the rendering of the Services through the Websites.
USE OF THE FLUME WEBSITES AND THE SERVICES
The User may not use, reproduce, adapt, distribute, publish or in any other way deal or interfere with the Websites’s contents without Flume’s prior written consent.
The User may not establish a hyperlink, frame, metatag, similar reference, whether electronically or otherwise, or any other reference to the Websites without the prior written consent of Flume.
Flume reserves the right to make any changes or modification, as well as discontinue any aspect of the Websites, its content or the Services offered by or through the Websites at any time and without prior notice to the User. No such change, suspension, modification or discontinuance shall entitle the User to any compensation or give rise to any liability whatsoever.
The User agrees that it will only use the Websites in accordance with these Terms and Conditions, including any terms and conditions incorporated herein by reference.
The display of content via the Websites may differ depending on the Device the User is using to use the Websites or access the Services.
Any and all content published on the Websites reflects the views of the author and does not necessarily constitute the official opinion of Flume, unless stated otherwise.
The User may not post content on the Websites that is illegal, unlawful, obscene, defamatory, discriminatory, disparaging of others, derogatory, inflammatory, harassing, insulting, offensive or likely to promote violence or hatred against others or that contains abusive, offensive or profane language.
Flume reserves the right to occasionally restrict User access and/or use of the Websites and/or Services to carry out repairs, maintenance or to introduce new functionality and/or Services. Flume does, however, endeavor to keep any disruption in the use of the Websites to a minimum.
The User agrees not to:
Should the User engage in any of the aforementioned activities, or breach any of the provisions of these Terms and Conditions, Flume shall be entitled, without prejudice to any other rights they may have and without prior notice to the User:
INTELLECTUAL PROPERTY
The technology and software underlying the Websites and the Services, or distributed in connection therewith, are the property of Flume. Flume owns all rights, title, license and interest to any and all registered and unregistered intangible property, including marketing material, designs, know-how, trademarks, trade names, brand names, signs, symbols, logos, trade secrets, copyright and patents and any derivatives thereof and all future additions and improvements thereto, in respect of or pertaining to the Websites and its use and implementation (“Intellectual Property”).
The Intellectual Property is protected by applicable copyright, trademark and intellectual property laws. Neither the Client or any Users shall obtain any rights, title or interest in or to any Intellectual Property, whether by operation of the Services Agreement, these Terms and Conditions, or otherwise. Flume does not permit copyright infringing activities or infringement of Intellectual Property rights of Flume.
COPYRIGHT
All content made available on the Websites (for example, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and where applicable software) belongs to Flume, or is alternatively used pursuant to a licensing agreement concluded between Flume and the third party proprietor of such content.
Any unauthorised use, alteration or dissemination of the information or content published on the Websites is strictly prohibited.
The User expressly acknowledges that no content or information displayed on the Websites may be regarded or construed as granting any licence or right to any third party, including the User, to use any trademark without Flume’s prior written consent and approval.
Although Flume has deployed reasonable technical and organisational measures to protect the information on the Websites from time to time, the User acknowledges that Flume cannot be held responsible for any consequences that may result from the unlawful breach of copyright or unlawful dissemination of information by third parties copying information off of the Websites.
PERSONAL INFORMATION OF USERS
Users shall make available and consent by virtue of the using the Websites and its associated Services, to the processing of, amongst others, the following types of Personal Data by Flume:
In as far as any User provides Flume with the Personal Data of a third party, they warrant that they are duly authorised to do so and have established a lawful justification in terms of prevailing Applicable Laws, to share such Personal Data with Flume, as well as to enable Flume to share such Personal Data with its agents, affiliates and Service Providers. The User agrees that Flume may process the Personal Data for all purposes that relate to the use of the Websites and the associated Services.
The Personal Data processed by Flume may include, but is not limited to the following purposes:
The Personal Data shall be retained in the strictest confidence by Flume and will only be processed in accordance with Flume’s Privacy Policy.
The User expressly agrees and acknowledges that any failure to submit the requisite Personal Data may render Flume unable to make the Services associated with the Websites available and should this arise, the User hereby indemnifies and holds Flume harmless against any loss or damage which the User may suffer as a result of Flume’s inability to render the Services.
The User acknowledges that through the use of the Websites or the Services, which may include completing online forms or contacting Flume electronically, Flume will in effect be processing the Personal Data relating to the User.
COOKIES AND OTHER SIMILAR AUTOMATED TECHNOLOGIES
When Users interact with Flume through the use of the Websites, Flume obtains certain information using automated technologies and means of Passive Processing, such as Cookies, web server logs, web beacons and other technologies.
Flume uses these automated technologies and means of Passive Processing to collect the User’s device information, internet activity information and inferences as described above. These technologies help Flume to:
Flume does set some of these automated technologies, but others are set by third parties who deliver services on Flume’s behalf. For example, Flume may use other companies’ web analytics services (described in the “Third-Party Analytics Services” section below), which use automated technologies to help Flume evaluate how Users use our Websitess.
A User’s browser can issue alerts for when Cookies are placed on their device and how such Cookies can be stopped or disabled via the User’s browser settings. Please note, however, that without Cookies all of the features of the Websites may not work properly. If the User uses a mobile device, the User can manage their device and browser share certain device data by changing the privacy and security settings on the mobile device. For Users to learn more about Cookies and how to manage their preferences – visit http://www.allaboutcookies.org
THIRD-PARTY ANALYTICS SERVICES
Flume may use third-party analytics service providers to help with Flume’s Services associated with the Websites, such as Google Analytics. The analytics providers that administer these services use technologies such as Cookies, web beacons and web server logs to help Flume analyse how User’s use the Websites. Flume may disclose a User’s site-use information (including IP address) to these analytics providers and other service providers who use the information to help them figure out how Users and others use the Websites and associated Services.
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CONTACT INFORMATION FOR FLUME
Full names and legal status:
Flume Communications (Pty) Ltd (Registration number 2012/213644/07)
Physical address:
68 Hobart Road, Bryanston, Sandton, 2191
Telephone number (Johannesburg):
+27 087 701 5501
Websites address:
Flume.co.za
Flume-Agency.com
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