Terms and Conditions
1. INTERPRETATION
The headings of the clauses in this Agreement are for the purpose of convenience and reference only and shall not be used to interpret, modify or amplify the terms of this Agreement or any clause hereof. Unless a contrary intention clearly appears:
1.1. words importing:
1.1.1. any one gender include the other two genders;
1.1.2. the singular include the plural and vice versa; and
1.1.3. natural persons include created entities (corporate or otherwise) and the state and vice versa;
1.2. the following terms shall have the meanings assigned to them here under and cognate expressions shall have corresponding meanings, namely:
1.2.1. “Agreement” means these Terms of Use and all documents incorporated by reference as contemplated by clause 2.1 below;
1.2.2. “ECTA” means the South African Electronic Communications and Transactions Act No. 25 of 2002, including any and all regulations promulgated there under, as amended from time to time;
1.2.3. “Copyright Act” means the South African Copyright Act 98 of 1978, including any and all regulations promulgated there under, as amended from time to time;
1.2.4. “Intellectual Property” means trademarks, copyright, designs, patents, confidential information and trade secrets, whether registered or unregistered and whether expressly protected by statute or solely by means of this Agreement;
1.2.5. “Paris Convention” means the Paris Convention for the Protection of Industrial Property of March 20, 1883, as revised, updated and/or amended form time to time;
1.2.6. “Privacy Policy” means the Supplier’s privacy policy as contemplated in clause 6 below, which will be deemed to be incorporated into these Terms of Use;
1.2.7. “Story Set” means a compilation of original literary and artistic works either created and owned by the Supplier or in terms of which the Supplier has been licensed to publish and/or make reproductions of and/or sell and/or distribute same, which compilation comprises of –
1.2.7.1. a murder-mystery story plot in accordance with the theme and basic plot synopsis chosen by the user;
1.2.7.2. character descriptions and -backgrounds for each of the players;
1.2.7.3. sets of clues to periodically assist the players in solving the murder mystery; and
1.2.7.4. The final revelation of the identity of the perpetrator(s).
1.2.8. “Terms of Use” means the provisions as contained in these terms of use;
1.2.9. “Trademarks” means the marks BE PART OF THE MYSTERY and the BE PART OF THE MYSTERY logo, whether registered or unregistered;
1.2.10. “Supplier” means Lente Keyser trading as a sole proprietor under the name, style and domain www.bepartofthemystery.com,with her chosen domicillium at Unit 101 Eagle House, 92 Edward Street, Tyger Valley, Bellville, Republic of South Africa and “we”, “us”, “our” and “ours” when used in these Terms of Use means Lente Keyser trading asbepartofthemystery.com and her employees, agents and affiliates.
1.2.11. “User” means a consumer that uses the Website and the terms “you”, “your” and “yours”, when used in these Terms of Use, means any user of the Website, and “use”, “using” and “used” means the accessing of the Website and viewing of the Website’s content.
1.2.12. “Website” means this website and its contents owned and operated by the Supplier.
2. AGREEMENT AND GENERAL ACCEPTANCE OF THESE TERMS OF USE
2.1. By accessing or using this Website, you agree to these Terms of Use and all applicable annexures, which form a legally binding agreement (“Agreement”). If you do not agree, please exit this Website.
2.2. Access to and use of this Website and the information, products and services available through this Website are subject to these Terms of Use and to all applicable laws and regulations, including the provisions of ECTA, where applicable.
2.3. All content on this Website belongs to the Supplier, unless indicated otherwise. Content of advertisements belong to the advertisers, but any copyright in the compilation vests with the Supplier.
2.4. This Website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion in this Website complies with all applicable laws and regulations. The Supplier accordingly excludes, to the fullest possible extent permissible under law, any responsibility or liability for any error or inaccuracy appearing in advertising or sponsorship material.
2.5. The Supplier may at any time, without notice, impose further and additional Terms of Use relating to the use of this Website. The User's agreement to these Terms of Use automatically binds the user to the additional Terms of Use.
2.6. The latest Terms of Use will be posted on the Website, and you should always review these Terms of Use prior to using the Website to ensure that you have a current understanding of the Terms of Use under which you are permitted to access this Website. If you cannot access the Terms of Use via the Internet, a copy of the most recent Terms of Use can be provided by e-mail upon request.
3. PRODUCT & SERVICES INFORMATION
3.1. This Website is intended as a portal through which Users may purchase and download for their own private use one or more original Story Sets. The purchase, download and use of such Story Sets shall strictly be in accordance with and subject to the terms and conditions contained in this Terms of Use as well as the Privacy Policy found at here.
3.2. The Story Sets are protected by Copyright and the purchase, download and use of such Story Sets is subject to the limited license granted to the User in terms of clause 5 below.
3.3. Purchasing a Story Set via this website will enable the User to download his or her chosen Story Set in inalterable .pdf format onto his or her hard-drive for personal use and enjoyment.
4. TRANSACTIONS VIA THIS WEBSITE
4.1. Prices indicated on the website are in South African Rand and include any and all prescribed South African fiscal surcharges (such as Value Added Tax, where and if applicable).
4.2. Payment is to be effected via either Virtual Card services or Bank Transfer and shall be subject to VCS Buyers’ Protection. The Supplier does not make provision for any additional buyers’ protections.
4.3. The User must have a valid account with a confirmed address in order to transact via this website.
4.4. Once payment has been processed and received by the Supplier, the User will receive a link via email, which will enable him or her to download the Story Set in “read only” .pdf format. The link will only remain active for a period of 1 (ONE) HOUR in order to avoid Users or third parties spreading and/or distributing and/or gaining unauthorised access to the Story Set.
4.5. It is the User’s responsibility to ensure that all personal details provided (such as the email address to which the link shall be sent) are accurate and correct and that the User has or will have access to the emailed link during the window period during which said link is active and will be able to download the Story Set during said window period. For clarity, the link will be deactivated after 1 (ONE) HOUR.
4.6. The User will be permitted to download the Story Set only ONCE. The Supplier will be able to monitor the number of downloads made and reserves the right to charge the User for the downloads made in excess of the permitted single (one) download.
4.7. In the event that the User has made payment and either does not receive the link and/or is not able to download the Story Set as provided for above, the User shall contact the Supplier either telephonically or via email and notify the Supplier accordingly, where after the Supplier will endeavor to resolve the situation.
4.8. By clicking on the link, the User will be able to download the Story Set in .pdf format onto his or her personal hard-drive for personal use, which use will be in strict accordance with the limited license granted in clause 5 below.
4.9. Refund policy: Due to the nature of digital products there is no way for us to prevent a customer from using a kit after it has been downloaded to their computer, therefore we do not, under any circumstances, provide refunds on electronic product purchases. We track and record the IP of all purchases, downloads and times of downloads. If you have not attempted a download, then you are eligible for a refund.
4.9.1 Refund policy for public and private events: Any cancellations made before the date TOP SECRET characters are sent to attending guests will be refunded in full. Any cancellations made after the TOP SECRET characters have been sent to attending guests will be made at the discretion of the supplier to ensure costs incurred are recovered. Any cancellations made within 48 hours of the actual event - no refund will be given. An exception to the rule would be any bookings made for the months of November and December; only a 50% refund will apply for any cancellations before the TOP SECRET characters are sent out.
5. LIMITED LICENSE TO USE THE STORY SETS
5.1. The Story Sets consist of literary works and artistic works which are, including the compilation thereof, protected as such in terms of the Copyright Act (hereinafter referred to as “the Works”). The aforesaid Works are afforded equal protection in terms of the Paris Convention in jurisdictions outside of the Republic of South Africa.
5.2. Copyright in the Works vests with The Supplier or its licensor. By virtue of said copyright and/or license, The Supplier and/or its licensor has the exclusive right to do or make or cause to be done or made, inter alia, any reproduction, publication, broadcast, adaptation and performance in public of the Works or any part thereof. The Supplier further has the exclusive right to import, sell, let and/or to distribute the Works for the purposes of trade.
5.3. You are hereby licensed and hence permitted, upon successful purchase of a Story Set, to –
5.3.1. Download (one) copy of the complete Story Set from the link that will be emailed to you; and to
5.3.2. Use said Story Set for private entertainment only.
5.4. You shall not under any circumstances be entitled to –
5.4.1. Make any further copies of the Works, other than such copies needed for your own, personal use;
5.4.2. Distribute the works to any third parties
5.4.3. Use the Works in any way other than for private entertainment. For clarity, the User is not entitled to use or exploit the Works in any commercial sense, whether or not for direct or indirect commercial and/or financial gain;
5.4.4. Publish or cause the Works to be published in any manner, whether in print or digital media or otherwise;
5.4.5. Reenact the plot set out in the Works before a public audience or otherwise perform the Works in public;
5.4.6. Transfer or license any rights in and to the Works granted herein to any third party;
5.4.7. Do or cause to be done any act of omission that may directly or indirectly infringe on the Intellectual Property vesting in the Works.
5.5. You acknowledge that any dealing with the Works contrary to the provisions contained in clause 5.4 above or elsewhere in these Terms of Use may amount to a copyright infringement which will entitle The Supplier to inter alia –
5.5.1. Seek interdictory or injunctive relief against you;
5.5.2. Claim from you compensation for any damages The Supplier may have suffered as a result of any infringement;
5.5.3. In lieu of the damages referred to in clause 5.5.2 above, The Supplier may be entitled to claim compensation from you in an amount equal to the reasonable royalty that would have been payable should you have had a proper license to perform or do the act that forms the basis of the infringement in question;
5.5.4. Claim from you, in addition to its claims set out above, further punitive damages based on the flagrancy of the infringement;
5.5.5. Claim the legal costs (or a part thereof) it may have incurred in enforcing any of its Intellectual Property from you.
6. DATA PROTECTION CONSENT
6.1. By agreeing to these Terms of Use, you agree to the terms of our Privacy Policy which can be accessed at here.
6.2. Posting or transmitting of any unlawful, threatening, libellous, defamatory, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence or violation of any law is strictly prohibited.
6.3. The Supplier reserves the right to monitor your communications with us whether by mail, voice, fax, e-mail or any other form of transmission for the purposes of quality control, security and other business needs.
6.4. The Supplier further reserves the right to retain contact information provided to it for the purposes of inter alia market research, future marketing (if permitted by the User) and for monitoring compliance with these Terms of Use and The Supplier’s Intellectual Property rights.
6.5. Notwithstanding the foregoing, all personal data provided to us as a result of this Website will be handled in accordance with our Privacy Policy.
7. OWNERSHIP AND INTELLECTUAL PROPERTY
7.1. This Website’s design, text, content (including the content downloadable or accessible via the Website, including but not limited to the Story Sets), selection and arrangement of elements, organisation, graphics, design, compilation, magnetic translation, digital conversion and other matters related to this Website are protected as Intellectual Property (“IP”), which IP vests with and belongs to The Supplier, unless indicated otherwise.
7.2. The posting of any such elements on this Website does not constitute a waiver of any right in such elements. You do not acquire ownership rights to any such elements viewed through this Website. Except as otherwise provided by clause 5 above or otherwise herein, none of these elements may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without The Supplier’s express prior written permission.
7.3. Permission is hereby granted only to the extent necessary to lawfully access and use this Website and/or information, products and/or services available on it, but specifically excluding the Story Sets, to display, download, archive and print in hard copy, portions of this Website, provided you do not modify the materials and that you retain any and all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these Terms of Use.
7.4. Use of the Story Sets are strictly subject to the limited license granted to you in terms of clause 5 above.
7.5. The trademarks are the property of The Supplier. The unauthorised use of these marks in trade, or marks considered to be confusingly similar thereto in law, is strictly prohibited and may result in action based on trade mark infringement, passing-off or unlawful competition being taken against you.
7.6. Save for as otherwise provided for herein, The Supplier has the exclusive right to use, exploit and enforce any Intellectual Property associated with this Website under license.
8. MINORS
This Website is a business and commercial site through which transactions may be concluded. As such, it is not intended for children or minors’ use without parental consent, -guidance and -assistance.
9. HYPERLINK DISCLAIMER
9.1. This Website may contain links and/or advertisements to other websites maintained by us in addition to links to websites maintained by unrelated companies and persons (“Third Party Website”). An advertisement of, or link to, a Third Party Website does not mean that we approve, endorse or accept any responsibility for that Third Party Website, its content or use, or the use of products and services made available through such Third Party Website.
9.2. The Supplier is not responsible for the actions, content, accuracy, opinions expressed, privacy policies, products or services provided through these links or made available through these resources or appearing in such Third Party Websites, nor for any damages or losses, directly or indirectly, caused or alleged to have been caused as a result of your use or reliance on such Third Party Websites.
9.3. Such Third Party Websites are not investigated, monitored or checked for accuracy, completeness or conformance with applicable laws and regulations by us. We do not make any representations whatsoever, or give any warranties of any kind, expressed, implied, or otherwise about any websites which you may access through this Website, the content thereof, or the products and/or services made available through such websites. If you decide to leave our Website and access these other websites, you do so at your own risk. All rules, policies (including privacy policies) and operating procedures of such websites will apply to you while on such websites.
10. LINKS FROM OTHER WEBSITES
10.1. Any link to this Website without our written permission is prohibited. Notwithstanding authorisation to link to this Website, linking to any page other than the home page is prohibited. Persons providing access to this Website via link from another website are solely responsible for the content, accuracy, opinions expressed, privacy policies, products or services of, or available through, the source website and for any representations made or impressions created concerning The Supplier.
10.2. Authorisation by us to link to this Website is given without assumption of any liability by us relating to such links, and we hereby disclaim any such liability. We reserve the right to withdraw any authorisation to link to this Website at any time and for any reason.
10.3. Anyone providing access to, or information relating to this Website, whether by link or otherwise, is responsible for bringing these Terms of Use to the attention of the person receiving such access or information. Failure to do so will not result in liability for us.
11. NO WARRANTIES
11.1. Any views or statements made or expressed on this Website or in any of the Story Sets are not necessarily the views of The Supplier, its affiliates, subsidiaries, holding companies, partners, employees, officers, servants or agents.
11.2. This Website is provided on an “as is,” “as available” basis, without warranties of any kind. To the fullest extent possible pursuant to applicable law, The Supplier, its affiliates, service providers and licensors disclaim all warranties, express, implied, statutory or otherwise.
11.3. Without limiting the foregoing, The Supplier, its affiliates, service providers and licensors do not represent or warrant to you and hereby disclaim any and/or all warranties relating to:
11.3.1. merchantability, fitness for a particular purpose, title and non-infringement;
11.3.2. delays, interruptions, errors, or omissions in the operation of this Website or any part of it;
11.3.3. the transmission or delivery of this Website or its availability at any particular time or location;
11.3.4. the use, validity, accuracy, currency or reliability of, or the results of the use of this site or any information published on this site; and
11.3.5. websites to which this Website is linked.
11.4. Any representation or warranty, which is not recorded in these Terms of Use, is specifically excluded and the User may not rely thereon in any manner and The Supplier, its affiliates, service providers and licensors accepts no responsibility for any losses the User may incur as a consequence of using this Website.
12. EXCLUSION OF LIABILITY
12.1. The content of any Story Set is purely fictional. Any reference made in said Story Sets to any person or event should not in any way be construed as referring, whether directly or indirectly, to any real person or event. The Supplier does not in any way intend any offence, harm and/or prejudice to any person or class of persons when creating any of the Story Sets.
12.2. In as far as the content of any Story Set does not amount to hate speech as defined by South African law, we do not accept any liability whatsoever to any person or class of persons for any offence such person or class of persons may take to the content of such Story Set.
12.3. To the fullest extent permitted by applicable laws, The Supplier excludes liability for any losses and expenses of whatever nature and howsoever arising including, without limitation, any direct, indirect, special, punitive, or consequential damages, loss of use, loss of data, loss caused by a virus, loss of income or profit, loss of or damage to property, claims of third parties, or other losses of any kind or character, even if we have been advised of the possibility of such damages or losses, arising out of or in connection with the use of this Website, any website with which it is linked and/or the use of any Story Set obtained from this Website.
12.4. This is a comprehensive limitation of liability that applies to all losses and damages of any kind whatsoever, whether the alleged liability is based on contract, negligence, delict, strict liability or any other basis.
12.5. In terms of clause 17 below, the applicable laws in relation to any matter concerning the Website, this Terms of Use and the Privacy Policy will be that of the Republic of South Africa.
12.6. We do not seek to exclude or limit liability for fraudulent misrepresentation.
13. INDEMNITY AND RELEASE
You agree to indemnify, release and hold The Supplier, as well as its agents, representatives and employees, harmless from any claim, liability, loss, expense or demand, including legal fees, related to your violation of these Terms of Use or your access or use of this Website, the Story Sets or any of the other information, materials, products or services available through this Website.
14. MODIFICATION AND DISCONTINUATION
We reserve the right at any time and from time to time to modify, edit, delete, suspend or discontinue, temporarily or permanently this Website (or any portion thereof) and/or the information, materials, products and/or services available through this Website (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of this Website.
15. ENTIRE UNDERSTANDING
15.1. These Terms of Use and any documents incorporated by reference contain the entire understanding between you and The Supplier with respect to this Website and its content and no representation, statement, inducement oral or written, not contained herein shall bind any party to this Agreement.
15.2. If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provisions of these Terms of Use shall remain in full force and effect.
16. WAIVER
16.1. The Supplier's failure at any time to require performance of any provision of these Terms of Use or to exercise any right provided for herein shall not be deemed a waiver of such provision or such right and any and/or all waivers must be in writing.
16.2. Unless the written waiver contains an express statement to the contrary, no waiver by The Supplier of any breach of any provision of these Terms of Use or of any right provided for herein shall be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms of Use.
17. LAW & JURISDICTION
17.1. You agree that the laws of the Republic of South Africa shall govern any controversy or claim of whatever nature arising out of or relating to the use of this Website, without regard to any conflict of law’s provisions, and you hereby irrevocably consent and submit yourself to the personal jurisdiction of the courts of the Republic of South Africa for all such purposes.
17.2. The foregoing notwithstanding, we retain the right to bring legal proceedings in any jurisdiction where we believe that breach of this Agreement is taking place or originating.
18. CONTACTING US
18.1. If you have any questions regarding these Terms of Use or any other matter, you may contact us, by accessing the following link.