Terms and Conditions

 

Updated: 22 September, 2021

 

Introduction

 

These terms and conditions ("Terms") contractually regulate the way in which you may access or use the TRADECRAFT website at https://www.ostradecraft.com/ and any of our services offered through our website ("Services"), and our relationship in this regard. Where we refer to "us", "we", "our", and "tradecraft", we mean the TRADECRAFT company.

 

Applicability of Terms and Changes
 

You agree that these Terms will apply if you access or use our website and/or Services and will create a legally binding contract between us, whenever you use or access our website and/or use our Services. In addition to these Terms, there is also a Privacy Policy located on our website.

Unless notice is required in terms of the law, we may change these Terms from time to time in line with any changes that the law or our internal business operations require, without prior notice. The current version of these Terms that apply at the time you visit and/or use our website and/or use our Services will regulate our relationship. It is your responsibility to consider these Terms each time you use our website or the Services. If you do not agree with any Terms, you must stop using our website and the Services.

 

Use of your personal information
 

We will use your "personal information" in terms of our Privacy Policy at https://www.ostradecraft.com/privacy, which policy forms part of these Terms by reference. Please familiarize yourself with our Privacy Policy before you use our website and the Services. If you do not agree with our privacy policy, you must stop using our website and the Services.

 

Registration and login details, use of the Services
 

We use login functionality which requires you to create a username and password, it is entirely your responsibility to keep your details, username and password safe. We reserve the right to refuse or cancel your registration on our website and/or of the Services, to limit your access and use of the website and/or the Services, remove you from this website or prohibit you from using this website for any reason at all.

 

In addition:
 

  • when you enter your username and password, we will assume that the person using our website is you;

  • we may ask you to submit your personal details (such as your name, email address, identity number, telephone number and other relevant details) when you register through our website and use the Services;

  • if you submit or upload any information or material to the website, you grant us an unrestricted, irrevocable, nonexclusive, royalty-free, perpetual license to use, reproduce, modify, adapt, publish, create derivative works from, and display such information within the TRADECRAFT company, and we will handle such information in accordance with our Privacy Policy. Further, you represent and warrant to us that you own or otherwise control all the rights to the information or material that you submit or upload, that it is accurate, that it does not violate these Terms, that it will not cause any injury to any other person and you indemnify us for all claims resulting from any information or material that you supply;

  • the duration of your use of the Services will be on a continual month-to-month basis, and you may terminate your use of the Services at any time by giving us written notice to that effect;

  • you are responsible to keep all your personal information, usernames and passwords up-to-date, secure and confidential and must inform us immediately if there has been, or if you suspect, any breach of security or confidentiality. We may ask you to provide us with proof of your identity or other information in a form that we regard acceptable;

  • if you are a business, you must ensure that only authorized employees have access to and are allowed to use the login details. Your business remains responsible for any action using the login details of the business – whether the user was authorized or not. You must change your details when authorized employees leave your service or are no longer authorized to use the login details;

  • you must act in accordance with any security procedures that we communicate from time to time. You agree and accept that if you do not follow the recommended security procedures, your personal information may be compromised or someone without authority may use your login details, in which event we will not be held liable in any way;

  • not all devices may support the use of the Services. It is your responsibility to keep your device up to date and/or in a condition to support the use of the Services. You are solely responsible for all data usage charges incurred while using the website and the Services.

 

Social Media
 

Our website may connect to various social media sites or applications, including Facebook, Twitter, LinkedIn, Instagram and Google+. If you proceed to use our website in this case, the respective social media platforms' rules will also apply and you agree to such integration.

 

Third-party websites
 

We may provide hyperlinks to other (third-party) websites or apps only as a convenience, and if we provide any hyperlinks or advertisements of any third party on our website it does not mean that we endorse their websites, apps, products, services, business, and/or any association with its operators. If you access and use any third-party websites, apps, products, services, and/or business, you do that solely at your own risk.

 

Allowed activity on this website

  • you may only use our website and the Services for your own personal use;

  • we give you a limited, revocable license to use our website and the Services subject to these Terms only;

  • your license does not extend to our website's source code or to the source code of any software or computer program that forms part of our website; and

  • you may only use our website and the Services if, in terms of applicable laws, you have the legal capacity to enter into an agreement.

 

Prohibited activity on this website

  • provide any untrue or incorrect information;

  • change, modify, copy, decompile, circumvent, disable, tamper with or any part of our website or the Services, including its security features or reverse engineer our website;

  • copy our website or Services;

  • lease, sell, assign or in any other way distribute our website or the Services without our prior written consent;

  • use malicious search technology, including, but not limited to, spiders and crawlers;

  • frame any pages of our website;

  • deep link to any pages of our website in a way to suggest that you are the owner or licensee of any intellectual property in our website or the Services;

  • use the interactive sections of our website or linked websites, to post any material which, in our discretion, is false, defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy, or otherwise violates any laws;

  • use our website for commercial purposes, unless in terms of a written agreement with us;

  • infect our website with any software, malware or code that may damage, delay or impede the operation of the services or which may intercept, alter or interfere with any data generated by or received through our website; or

  • allow any third party to use your username and password, where applicable, in any manner other than as permitted by these Terms.

 

Liability limitations
 

The website and the Services are provided as is and may not be suitable for your particular purposes. You agree that, unless the law provides otherwise, we (including our directors or employees) will not be liable for:

 

  • any incorrect information or images provided on our website which your relied upon;

  • any internet data usage charges that you incur while using our website;

  • any interruption, malfunction, downtime, off-line situation or other failure of our website or services, our systems, databases or any of its components;

  • any loss directly or indirectly caused by malfunction of our system, third party systems, power failures, unlawful access to or theft of data, computer viruses or destructive code on our system or third party systems or programming defects; or

  • any interruption, malfunction, downtime or other failure of goods or services provided by third parties, including, without limitation, third party systems such as the public switched telecommunication service providers, internet service providers, electricity suppliers, local authorities and certification authorities, or any other event over which we have no direct control.

 

Indemnity

 

You indemnify and hold us harmless against any loss, liability, actions, suites, proceedings, costs, demands and damages of any kind (including direct, indirect, special or consequential damages) in relation to the use of our website.

 

Sending and receiving electronic messages
 

We will primarily use e-mail and electronic notices as our main communication tool. Where you make any offer to us, like an offer to subscribe for services or to pay for our products or use of our services, we enter into an agreement when we send you our written acceptance of your offer, or when we notify you of the acceptance via our website. All electronic messages will be deemed sent from, and received at, your specified e-mail address or mobile phone or address that you have provided to us.

 

Cookies
 

Please refer to our Privacy Policy on our website for the full cookie policy.

 

Intellectual property

 

You acknowledge and agree that all rights, title and interest in any intellectual property (including, but not limited, to any copyright, trademark, design, logo, process, practice, methodology which forms part of, or is displayed or used by us on our website, including, without limitation, any graphics, logos, designs text, button icons, images, audio clips, digital downloads, data compilations, page headers and software) is our property or the respective owner(s)' property and will remain our or the owner's property at all times. You will not obtain any intellectual property rights through using our website, services or products.

 

Warranties and representations
 

Unless the law requires otherwise, we do not warrant that our website, services or products offered on our website will operate error free or without interruption or downtime or that any errors will be corrected or that the content is complete, accurate, up to date, or fit for a particular purpose. You use our website at your own risk.

 

Security
 

We implement reasonable security measures to ensure the safety and integrity of our website. However, despite this, information that is transmitted over the internet may be accessed or monitored in an unlawful manner. We will take reasonable steps to prevent viruses from our website, but cannot guarantee or warrant that any information that is available to download will be free from infection, viruses or other code that has contaminating or destructive properties and we exclude our liability in this regard. You are responsible for, and we recommend that you take your own precautions and implement sufficient procedures to satisfy, your particular security requirements.

 

What you warrant to us
 

  • you are 18 years or older; and

  • you may legally enter into an agreement with us on these terms; and

  • each of the warranties given by you will:

  • be a separate warranty and will in no way be limited by inference from these Terms of any other warranty or by any other words in these Terms;

  • continue and remain in force irrespective of whether your account, where applicable, is active, suspended or cancelled; and

  • be deemed to be material.

 

Legal
 

  • Severability. If a provision of these Terms becomes illegal, invalid or unenforceable it will be severed from the rest of these terms which terms will remain valid and enforceable.

  • Governing law. These Terms will be governed by and interpreted in terms of Canadian laws. You consent that the Magistrates' Court will have jurisdiction even if the proceedings are otherwise beyond its jurisdiction.

  • Waiver. If we do not enforce any of these Terms, it will not mean that we waive any of our rights and it will not affect the validity of these Terms or prejudice our rights to take subsequent action. A waiver will only be valid if we put it in writing and sign it.

  • Whole agreement. These Terms, together with any additional or specific terms, form the whole agreement between us relating to your use of our website.

  • No third party stipulation. These Terms create a legally binding agreement between yourself and us only, and do not create rights in favor of any third party.

  • Force Majeure. Except for the obligation to pay monies due and owing, no party will be liable if it cannot perform in terms of any agreed terms due to reasons beyond its control. This includes lightning, flooding, exceptionally severe weather, fire, explosion, war, civil disorder, industrial disputes, acts or omissions of persons for which we are not responsible, and acts of government or other competent authorities (including telecommunications and internet service providers).

 

Contact information

 

Site owner: TRADECRAFT Consulting and Training

E-mail address: sami@ostradecraft.com

Website address: https://www.ostradecraft.com/