Terms of Service

The Gist:

We (the folks at Ledula Services (Pty) Ltd) run a website, Ledula.com, and would love for you to use it. Our service is free for users. Our basic profiles are free for Service Providers, and we offer paid profiles with advanced features and more exposure for your business. Our service is designed to work within a community of your friends and family, so please be responsible in what Service Providers you list and how you rate them.  In particular, if a Service Provider gave bad service, don't list them, but if they are already listed give them a poor rating and include a factual summary of what happened. Be aware that spam, viruses, or hate content will be removed.

Terms of Service:

The following terms and conditions govern all use of the Ledula.com website (the Website) and all content, services and products available at or through the website.  The Website is owned and operated by Ledula Services (Pty) Ltd ("Ledula"). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Ledula's Privacy Policy) and procedures that may be published from time to time on this Site by Ledula (collectively, the "Agreement").
Please read this Agreement carefully before using the Website.  By accessing or using any part of the website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Ledula, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 18 years old.

  1. Your Ledula.com account. If you create a user account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any ratings or comments linked to the account. You must notify Ledula immediately of any unauthorized uses of your account, or any other breaches of security. Ledula will not be liable for any acts or omissions by You, including damages of any kind incurred as a result of such acts or omissions.
  2. Your Ledula.com Service Provider profile. Basic Profiles are created by the Ledula.com community because they have had a positive experience with an organisation. Ledula will make every effort to contact a Service Provider who is listed in one of the cities that we support to confirm their contact details and to confirm that they are happy to be listed.  If a Service Provider chooses not to be listed, Ledula will notify the member who listed them and remove the profile within 24 hours of notification by the Service Provider.  If you, the Service Provider, give your consent to the listing, we will show your account as validated and the listing will become your profile.  Once you own a Paid profile you are entirely responsible for the content of the profile and any harm resulting from that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
    1. the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
    2. you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
    3. the Content does not contain unethical, unlawful or unwanted commercial
    4. the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;

By submitting Content to Ledula for inclusion on your profile, you grant Ledula a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your profile. If you delete Content, Ledula will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Ledula has the right (though not the obligation) to, in Ledula's sole discretion: (i) refuse or remove any content that, in Ledula's reasonable opinion, violates any Ledula policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason. Ledula will have no obligation to provide a refund of any amounts previously paid.

  1. Payment and Renewal.
    1. General Terms.
      Optional paid services such as paid profiles are available on the Website. By selecting a paid service you agree to pay Ledula the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for a service and will cover the use of that service for a monthly or annual subscription period as indicated. Fees are not refundable.
    2. Automatic Renewal.
      Unless you notify Ledula before the end of the applicable subscription period that you want to cancel a service, your subscription will be automatically renewed and you thereby authorize us to collect the then-applicable annual or monthly subscription fee for such service using any credit card or other payment mechanism we have on record for you. Services can be cancelled at any time.
    3. Support. All paid Services include access to priority email support. "Email support" means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by Ledula to respond within one business day) concerning the use of the Service.
  2. Responsibility of Website Visitors. Ledula has not reviewed, and cannot review, all of the material posted to the Website, and cannot therefore be responsible for that material's content, use or effects. By operating the Website, Ledula does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Ledula disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
  3. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Ledula.com links, and that link to Ledula.com. Ledula does not have any control over those non-Ledula websites and webpages, and is not responsible for their contents or their use. By linking to a non-Ledula website or webpage, Ledula does not represent or imply that it endorses that website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Ledula disclaims any responsibility for any harm resulting from your use of non-Ledula websites and webpages.
  4. Copyright Infringement and DMCA Policy. As Ledula asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Ledula.com violates your copyright, you are encouraged to notify Ledula by sending email to info@ledula.com. Ledula will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Ledula will terminate a visitor's access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Ledula or others. In the case of such termination, Ledula will have no obligation to provide a refund of any amounts previously paid to Ledula.
  5. Intellectual Property. This Agreement does not transfer from Ledula to you any Ledula or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Ledula. Ledula, Ledula.com, the WordPress.com logo, and all other trademarks, service marks, graphics and logos used in connection with Ledula.com are trademarks or registered trademarks of Ledula or Ledula's licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Ledula or third-party trademarks.
  6. Changes. Ledula reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Ledula may also, in the future, offer new services and/or features through the Website (including the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
  7. Termination. Ledula may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Ledula.com account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a Paid profile account, such account can only be terminated by Ledula if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Ledula's notice to you thereof; provided that, Ledula can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

  1. Disclaimer of Warranties. The Website is provided "as is". Ledula and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Ledula nor its suppliers and licensors makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
  2. Limitation of Liability. In no event will Ledula, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Ledula under this agreement during the twelve (12) month period prior to the cause of action. Ledula shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

  1. General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the Ledula Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
  2. Indemnification. You agree to indemnify and hold harmless Ledula, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
  3. Miscellaneous. This Agreement constitutes the entire agreement between Ledula and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Ledula, or by the posting by Ledula of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement and any access to or use of the Website will be governed by the laws of South Africa. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Johannesburg, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Ledula may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

Change Log:

2011-12-18 Created by adapting the Wordpress TOS.  Thanks www.wordpress.com for making them available under a Creative Commons Sharealike license.

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