TERMS OF USE   |    Version effective as of the 1st of January 2017.

 

Welcome to the home of etherealboundjournal.com, a website currently located at http:www.etherealboundjournal.com  .

IMPORTANT NOTICE

Please read our terms of use carefully. Your use of this web site and any of the services offered on this web site will be subject to the then current version of our terms available on this web site at the time of your use. If you do not accept our terms of use, you may not access our web site or use any of the services available via our web site.

  1. Our terms contain specific provisions to limit our liability. These terms have been set out in capital letters. You should pay particular attention to these terms since they limit your ability to recover losses that you may incur in connection with your use of our web site.

  2. If you are not yet 18, you must obtain your parents’ or legal guardians’ advance authorisation, permission and consent to be bound by our terms of use prior to you accessing our web site, using any of the services on our web site or participating in any of the activities offered. If you are under 18 and fail to obtain such consent you may not access our web site, use the services or participate in the activities available via our web site.

  3. We may change our terms of use from time to time. Such changes will take effect as and when published. Therefore, you should keep up-to-date with their content and read these terms of use at all times prior to using this web site since the then current version of the terms will apply to your use.

Should you have any questions regarding this site’s terms of use, please send an e-mail to us at info@etherealboundjournal.com.

 

 

Part A: General Information and Terms

1. GENERAL INFORMATION

For your convenience, we have listed below some general information about ourselves:

  1. “We” are Ethereal Bound Journal, and “us” and “our” have a corresponding meaning herein.

  2. Ethereal Bound Journal is a close corporation in accordance with the laws of the Republic of South Africa with registration number 2011/058524/23.

  3. The Director of Ethereal Bound Journal is Ms Matanna Katz

  4. Our postal address is Flat No. 2, 7 Irwinton Road, Sea Point, 8005, Cape Town, South Africa

  5. Our address of establishment is at Flat No.2, 7 Irwinton Road, Sea Point, 8005, Cape Town, South Africa, and we will accept service of all legal documents there

  6. Our telephone is Tel: +27 (0)82 928 9953

  7. Our e-mail address is  info@etherealboundjournal.com

  8. Our webmaster can be contacted at info@etherealboundjournal.com

2. DEFINITIONS

In these terms of use:

  1. We, us and our means Ethereal Bound Journal (and, unless the context indicates otherwise, its owners, employees, suppliers, internet service providers, agents and affiliates);

  2. You mean a user of this website; and

  3. Hyperlinks, which are not operational, will not in any way detract from the validity and interpretation of the terms;

3. GENERAL CONDITIONS OF USE FOR THIS WEB SITE

 

  1. You are solely responsible for any and all telephone usage and rental fees and/or internet access service fees that may apply to your use of this web site and the services offered on it.

  2. You may not access this site for any purpose other than for utilizing the services offered on it in the normal manner. You may not access our site for the purposes of redistributing or otherwise using any of our content for your own business purposes unless you are expressly licensed thereto by us in writing. You may not use your access to this site in a manner that would bring us, our business and/or any of our affiliates into disrepute. Furthermore, you may not access this site for unlawful purposes or use it in a manner which infringes our rights or the rights of any other person or restricts or inhibits the use of or enjoyment of this site by any other person. In this regard, you must comply with the laws, regulations and codes of conduct applicable to your use of this site, including our Contributor Guidelines available via www.destinyman.com. You may not to post or transfer any material to our web site that is unlawful or violates any third party’s rights or which is obscene, misleading, inaccurate, defamatory, illegal, in breach of any copyright or other intellectual property right, or damaging to data, software or the performance of our or any other parties’ computer system. We may remove any content you have submitted to this site and/or suspend your access to any part of this site at any time without notice.

  3. We do not usually monitor, edit, control or filter the content submitted to this site by our users. Such content, including as may emanate from our mentorship programs or as may be found in blogs, forums, chat groups, comment sections and bulletin boards, do not represent our views and we have not authorized or endorsed such content. Such content should also not be viewed as professional advice of any kind, be it medical, legal, financial or otherwise. Please notify our team if you have a complaint about the activities of or content submitted by a user of this site.

  4. We do not distribute or endorse any products, services or events posted, promoted and/or listed on our site other than the products and services we supply ourselves and our display of such products, services or events should not be construed as any form of endorsement thereof. All arrangements regarding such products, services and events are to be made directly with the supplier thereof.

  5. Notwithstanding that this site may contain links to third party web sites and that some third party web sites may contain links to this site we do not control, endorse or approve the activities or content of any such third party web sites. Please contact the relevant web site proprietor if you have a complaint about the activities or contents of a third party web site.

  6. Proprietary rights (including without limitation, the trade marks, copyright and patent rights) in the components of this site belong to us and our licensors, including in the compilations, collective works and derivative works created incorporating the content of our users. The individual content you may submit will remain your property, but you grant us an irrevocable, perpetual, worldwide, transferable, sub-licensable and royalty-free license to use such content free from any restriction and on the basis as if we were the owners thereof, including by modifying, reproducing, compiling, publishing, publicly performing, distributing, broadcasting and promoting it.

  7. The downloading and use of data contained on this web site is done at your sole discretion. You should independently verify the completeness and reliability of information provided on or via this site. Also be aware that viruses or code which may have a harmful effect on your computer system could be transmitted to you. You are responsible for implementing suitable protection mechanisms to prevent such harm from occurring.

  8. ACCESS TO OUR WEB SITE SERVICES IS PROVIDED TO YOU FREE OF CHARGE. RELIANCE ON AND USE OF OUR WEB SITE, CONTENT AND SERVICES ARE THEREFORE AT YOUR OWN RISK. IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE OF ANY KIND IN CONTRACT, DELICT (INCLUDING NEGLIGENCE), STATUTE OR OTHERWISE ARISING IN CONNECTION WITH YOUR RELIANCE ON OR USE OF THIS SITE OR THE CONTENT OR SERVICES PROVIDED, SAVE TO THE EXTENT THAT SUCH LIABILITY CANNOT BE EXCLUDED BY APPLICABLE LAW OR THE CONTRARY IS EXPRESSLY STATED.

  9. We also reserve the right, without notice and in our sole and absolute discretion, to make changes to any parts of the site inclusive of changes to these terms of use including those relating to our ordering service. It is your responsibility to review our terms of use on each occasion prior to making use of this site and our ordering service. If you continue to use this site after our amended terms of use has been posted on the web site, it will constitute a deemed acceptance of such amended terms of use. We specifically reserve the right at any time to change or discontinue without notice, any aspect and/or feature of this web site.

  10. We are committed to protecting your privacy. We will collate the information which you give to us to provide you with services and personalize your use and visits of this site. We may also use such information to inform you, the user, about changes in the services we offer and/or about features we think you would find of interest. We may also permit the affiliated entities in our company group to inform you about products or services they offer that might interest you. By giving us this information, you consent to our use of it for these purposes.

  11. We have to protect our business and secure our systems. Consequently, you should note that we may monitor and keep records of any communication that you may send to or receive via our web site and we may use, publish and disclose such communications for any lawful purpose. This may include our filtering of incoming and outgoing electronic data messages to identify, limit and/or prevent the transmission of unlawful or otherwise undesirable material or content.

 

Part B: Event and Workshop Terms

  1. GENERAL

 

  1. Our workshops and events may be subject to additional terms and rules, which will apply in addition to these Terms of Use. In the event of conflict the event or workshop specific terms will prevail. It is your responsibility to review the event or workshop terms before making a booking.

  2. Attendance at our workshops and events is subject to availability, and is on a first-come; first-served basis, provided that our subscribers may in some cases receive priority booking. 

​2. BOOKING PROCESS

 

  1. To book a place for an event with us, you must be over the age of 18 and able to conclude binding contracts or, if you under the age of 18, you must have obtained the consent of your parents or legal guardian to submit a booking to us. If you do not comply with the aforesaid you may not submit a booking request for our event. We may require you to provide us with suitable documents proving your age and/or the consent of your parents or legal guardian prior to accepting any booking from you.

  2. No terms or conditions incorporated by you in your booking request that conflict with these terms will form part of any agreement concluded between us. Please make sure that your details are correct before submitting an attendance request to us since it is unlikely that any mistake you make can be rectified later. We may limit your booking to a specified number of persons to discourage unfair booking practices. Bookings are not transferable.

  3. Proof of payment is required to secure your place. We reserve the right not to accept or process your booking request and we will notify you if this is the case. In particular, we may reject your request to attend events for which you do not meet the specified qualification criteria, including if you do not comply with the minimum age stipulated by law or if the number of persons in your booking exceeds any applicable limit specified for the relevant event. We will send you a confirmation email to confirm your attendance if we elect to accept your request. We do not guarantee that such confirmation notice will be received by you, or that, if it is received by you, that it will be legible and uncorrupted.

  4. If you do not receive a confirmation notice after submitting your booking, or if you experience an error message or service interruption after submitting your booking, you should confirm with us  whether or not your booking has been received and processed. Only you may be aware of any problems that may have occurred during the booking process. It is your responsibility to ascertain if we received your Booking request.

  5. The information you have submitted with your booking request will generally be processed as you have provided it. If you realise that an error has been made or that you need to make a change to such information, you should contact our Customer Care Centre immediately. Please remember that no refunds are possible for losses resulting from such error.

  6. We will retain records of bookings made by you and you will be able to access outstanding booking requests with us telephonically on 082 928 9953. Such records may be archived at any time as from six months after your booking and will then become inaccessible to you. For information on archived records you can call our offices on 082 928 9953.

  7. If any problems arise in respect of the handling of your booking please contact info@etherealboundjournal.com

 

3. DESCRIPTIONS AND PRICING

 

  1. The details and pricing of our events and workshops (including the details of the relevant venues and seating arrangements) for which bookings are offered via this site are described on the site. Unless otherwise stated, all attendance prices displayed on this web site are in South African Rand.

  2. We may without prior notice change the price, change or discontinue the availability or change the description of venues or seating arrangements for events or workshops made available via this web site.

4. CANCELLATIONS, REFUNDS AND EXCHANGES

 

  1. You may cancel any booking submitted via this web site up to two days after the booking by sending a cancellation notice to info@etherealboundjournal.com or calling our offices on +27 82 928 9953. Following receipt of your booking cancellation, we will refund you the amount paid for the relevant booking, provided that reasonable cancellation charges may be charged and deducted from such refund. Unless otherwise stipulated for the particular event or workshop the following cancellation charges will apply:

  2. If the cancellation occurs more than 30 days prior to the event, we will charge you 10% of the booking amount as a cancellation fee;
    • If the cancellation occurs less than 30 but more than 7 days prior to the event a 50% cancellation fee of the booked amount will apply;
    • If the cancellation occurs less than 7 days prior to the event a 100% of the booked amount cancellation fee will apply;
    • Notwithstanding the aforesaid, if you can provide us with suitable documentary proof that a person in whose name a booking was made will not be able to attend the event because of his/her death and/or hospitalisation (death certificate/doctor’s note), no cancellation fee will apply in respect of the cancellation of such person’s booking.

  3. If the attendance price you paid for an event is incorrect, then we will have the right to cancel your attendance and, within 30 days thereafter, refund to you the full amount that you paid in respect of such attendance, unless you promptly pay the relevant difference.

  4. We may refuse admission to events, alter the program or seating arrangements for events, or even postpone or cancel events in certain circumstances. In such case, we will offer a refund or exchange for which you may be required to follow certain procedures specified by us. No refund will apply if you are refused admission to the event because you are younger than the minimum age for attendance specified by law or you otherwise fail to comply with the qualifications for attendance. Should an event be cancelled or postponed, we will provide a notice on this web site or contact you to inform you of the relevant refund or exchange procedures for that event. You may also contact our Customer Care Centre for instructions. In order to receive any refund or an exchange that is offered, you will have to comply with such instructions and deadlines.

  5. If a refund is issued hereunder, it will be issued using the same method of payment that was used to purchase the tickets. If a credit card was used to make the refunded purchase, then only that actual credit card will receive the credit for the refund.

5. RISK AND LIABILITY

 

  1. YOU ATTEND EVENTS AND WORKSHOPS AT YOUR OWN RISK. WE ARE NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE YOU MAY INCUR DURING ATTENDANCE AT ANY EVENT OR WORKSHOP SAVE TO THE EXTENT THAT SUCH LOSS OR DAMAGE IS CAUSED BY OUR GROSS NEGLIGENCE OR WILFUL MISCONDUCT.

  2. ALTHOUGH WE TRY TO ENSURE THAT THE PARTICULARS OF THE EVENTS AND WORKSHOPS THAT APPEAR ON THIS WEB SITE ARE DISPLAYED AND DESCRIBED COMPLETELY AND ACCURATELY, WE DO NOT WARRANT SAME AND DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW ANY LIABILITY ARISING FROM ANY OMISSIONS AND INACCURACIES PERTAINING TO SUCH DISPLAY AND DESCRIPTION SAVE TO THE EXTENT THAT SUCH LIABILITY IS CAUSED BY OUR GROSS NEGLIGENCE OR FRAUD.
    WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL LOSSES OF ANY KIND WHATSOEVER ARISING IN CONNECTION WITH ANY BOOKING (WHETHER IN CONTRACT, STATUTE OR DELICT, INCLUDING FOR NEGLIGENCE), SAVE TO THE EXTENT THAT SUCH LIABILITY CANNOT BE EXCLUDED BY LAW.

  3. IN NO EVENT WILL OUR AGGREGATE LIABILITY FOR THE CLAIMS ARISING IN CONNECTION WITH ANY BOOKING EXCEED THE FEES ACTUALLY RECEIVED FROM YOU IN RESPECT OF THE SERVICE COMPONENT MOST CLOSELY ASSOCIATED WITH THE CLAIMS, IRRESPECTIVE OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, STATUTE OR DELICT, INCLUDING FOR NEGLIGENCE), SAVE TO THE EXTENT THAT SUCH LIABILITY CANNOT BE EXCLUDED BY LAW.

 

Part D: Competitions

  1. Unless expressly stated otherwise these terms will apply to all competitions offered on this web site. In the event of conflict between these terms and the rules applicable to any specific competition, the specific competition’s rules will prevail. Specific competition rules will be made available on this web site. The competition offer will set out at least the following

  • The prizes on offer

  • The steps required to participate

  • The basis for determining the winners

  • The closing date

  • How the winners will be made known

  • Where, when and from whom prizes are to be claimed

  • The address of the web pages where the competition rules and these terms can be obtained

2. All competitions offered on this web site will be open to residents of South Africa only unless expressly stated otherwise. We may also stipulate additional entry criteria for entrants to a competition (e.g. a minimum age) and any entrant failing to comply with such criteria may be refused entry.

3. Anyone working for us or any entity in our group or for the supplier of the prizes for the relevant competition (including any director, employee, contractor, agent or consultant) and any person with more than 5% shareholding in any of our group entities, or for any of our advertising, media or public relations agencies, as well as any family members of any of the aforesaid are prohibited from entering any competitions offered on this web site.

4. The closing date for any competition will be as stated. The judges cannot accept responsibility for late entries.

5. We reserves the right to cancel or amend the Competition or the Rules without notice in the event of a catastrophe, war, civil or military disturbance, act of God or any actual or anticipated breach of any applicable law or regulation or any other event outside our reasonable control. Any changes will be posted either within these terms and conditions or the competition post.

6. In the event of any dispute regarding the Rules, conduct, results and all other matters relating to a Competition, the decision of the judge(s) shall be final and no correspondence or discussion shall be entered into.

7. We will be entitled to all right, title and interest in all entries submitted, including all intellectual property rights. Entrants must do all things necessary, including the execution of any requisite documentation to transfer such rights to us, as and when requested.

8. Any entrant may be required to submit proof of age. If you are not yet 18, you will be required to obtain your parents’ or legal guardians’ advance authorisation, permission and consent to participating in a competition or any of the related activities. If you fail to obtain such consent you may not participate in the competition or the related activities.

9. Any deviation from the rules and/or attempt to manipulate the outcome of the prize will result in disqualification.

10. We reserve the right not to award a prize in any situation where it would be unlawful to do so.

11. Multiple winners may be subject to tie-break to decide an outright winner.

12. We may re-allot prizes if we are unable to contact selected winners. Please ensure that you provide the correct contact details.

13. Your name and place of residence may be published when winners are announced.

14. Winners may be requested to be photographed for publicity purposes or to participate in marketing activity. No fees will be payable in this regard. Participation in any such marketing activity is voluntary and may be declined.

15. No cash alternative is available to any prize unless expressly stated otherwise.

16. Prizes are non-transferable in whole or in part, must be taken as stated and may not be sold to a third party. You must confirm acceptance of the prize as stated, failing which you will no longer be eligible for a prize, and that prize will be re-allotted.

17. If any prize offered becomes unavailable for reasons outside of our control, we reserve the right to select an alternative prize of equivalent type and value.

18. We accept no responsibility for any incorrect or incomplete registration details that you may supply as part of your registration. No responsibility will be accepted for undelivered, lost or delayed entries. Proof of sending is not proof of receipt. Errors in entries may, in the judges’ discretion, void entries.

19. YOU ENTER OUR COMPETITIONS AT YOUR OWN DISCRETION AND RISK. WE, OUR AFFILIATES, COMPETITION PARTNER/S AND THEIR RESPECTIVE SHAREHOLDERS, EMPLOYEES, OFFICERS AND REPRESENTATIVES SHALL NOT BE LIABLE IN ANY WAY WHATSOEVER FOR ANY LOSS, DAMAGE, INJURY OR COSTS, HOWSOEVER ARISING, SUFFERED AS A RESULT OF YOUR PARTICIPATION IN A COMPETITION, SAVE TO THE EXTENT THAT SUCH LIABILITY MAY NOT BE EXCLUDED UNDER APPLICABLE LAW.

 

Part E: Contributor Guidelines

  1. Our web site is home to a community of business-minded women and their colleagues, partners, friends and family. So, to be a part of our community and engage with other users on an ongoing basis, there are two non-negotiable rules we enforce to protect users and ourselves:

  2. Rule 1: We ask all Users to embrace the spirit of civil disagreement. This means that, as a community whose aim is to connect, empower and inform business-minded women, we require and encourage users to share their opinions openly but with due consideration for others. In other words, we want Users to agree or disagree as strongly as they believe appropriate without being abusive. While we appreciate constructive criticism we expect all users to treat others with respect.

  3. Rule 2: We refuse to publish and will remove any content we think is unacceptable. We call everything that is published on our web site content, including your blogs, comments and responses, as well as your personal and business profile information, messages, poll responses, video, text, images etc. If it is available on our site, it is considered content. And while we encourage you to share your views, expand your network and make the connections that count, we must insist that your content not include or be linked to any of the following, which we will probably consider to be unacceptable:

  4. Hate speech, racism, discrimination, or content that is libellous, defamatory, false or misleading or misrepresents another person – particular if obvious or deliberate.
    • Any writings that include swear words or obscene or inappropriate language.
    • Activities that constitutes stalking, harassment or abuse, or is considered threatening towards a person or other people.
    • Anything that infringes someone else’s intellectual property rights (including copyright, trademark, trade secret or patent) or amounts to an unauthorised disclosure of confidential information or trade secret. If you quote someone in the content you provide, it’s up to you to credit the original author and publication.
    • Anything that contains information contains unsolicited advertising or marketing links or material – particularly if such links or material is unrelated to the particular discussion.

  5. We generally decide what’s acceptable or not on an item-by-item basis, but we are also in no way limiting ourselves to only evaluating the things mentioned above. We reserve the right to edit and/or remove content, and alter the unacceptable list, as and when required without notifying Users. To a large degree, we will be relying on you to help us evaluate the content on the site. If you see something that you feel is in breach of any or all of the above, please contact us directly on +27 (0)82 928 9953 or email us at info@etherealboundjournal.com

 

 Part F: Complaints and General

1. We aim to provide you with a quality service. If, however, you feel that you have cause to complain, you can send an email to info@etherealboundjournal.com. We will try to do our best to resolve any problems that arise. We require that provide us with the following as part of your complaint:

2. Your full names, physical address, telephone number and email address
• The location and description of the service feature or transaction which is the cause of your complaint
• The problem with the service or transaction or rights that you allege to be infringed by such feature or component
• The actions you would like us to take to remedy the problem
• A statement confirming that you are making the complaint in good faith
• A statement confirming that the information you are providing to us is to the best of your knowledge true and correct
• Please incorporate your signature into the complaint

3. Use of this web site is subject to the laws of the Republic of South Africa, and the exclusive jurisdiction of the Western Cape High Court, Cape Town provided that if any South African Magistrate’s Court has competent jurisdiction over your person to adjudicate on any dispute arising from or in connection with these terms of use, such Magistrate’s Court will also have jurisdiction to adjudicate the dispute notwithstanding that the amount in dispute may exceed such court’s jurisdiction. You agree to accept service of legal process at the addresses you may provide to us when you use or subscribe to our web site services.

4. These terms of use and the terms incorporated herein by reference and the relevant terms implied herein by applicable law constitute the entire agreement between you and us with respect to this site, the services offered here and any products and services acquired through this site. These terms of use shall override any contrary terms or conditions incorporated by you in your communications with us and any such conflicting terms or conditions will not form part of the agreement concluded between us.

5. Our failure to enforce any provision of this agreement strictly will not be construed as a waiver of any provision or right. In the event that a portion of this agreement is held unenforceable or invalid by any competent authority, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in force and effect to the fullest extent permitted by the law.

6. You may not subcontract, cede, delegate, transfer or assign any of your rights, obligations or duties hereunder to any other person without our prior written consent. We may cede, delegate, transfer and assign our rights, obligations and duties hereunder to any other person.

7. We will be excused from a failure to perform or delay in performance of our obligations hereunder if and to the extent that circumstances outside our reasonable control prevent or delay such performance.