Search

TERMS OF SERVICE

  1. INTRODUCTION

Our aim is to keep this Agreement as readable as possible, but in some cases for legal reasons, some of the language is required to be “legalese”.

  1. YOUR ACCEPTANCE OF THIS AGREEMENT

These terms of service are entered into by, and between, You and Beetroot Media, d/b/a Beetroot (“Company”, “we”, “our”, or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively “Terms of Service”), govern your access to and use of https://beetroot.today, including any content, functionality, and services offered on or through https://beetroot.today (the “Beetroot Application”), whether as a guest or a registered user. We offer the following services that are subject to these Terms of Service: Business Development and Networking Services (collectively “Services”).

 Please read the Terms of Service carefully before you start to use the Beetroot Application.

  •  By using the Beetroot Application or by clicking to accept or agree to the Terms of Service, you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Service, you may not access or use the Beetroot Web App and Application.

i)  You must be at least 18 years old to use the Beetroot Application. If you are under 18, you represent that you have your parent or legal guardian’s permission to use the Beetroot Application. Please have them read these Terms of Service with you.

ii) If you are a parent or legal guardian of a user under the age of 18, by allowing your child to use the Beetroot Application, you are subject to these Terms of Service and are responsible for your child’s activity on the Beetroot Application.

  1. BY ACCESSING AND USING THIS BEETROOT APPLICATION, YOU:

 i) ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THESE TERMS OF SERVICE;

ii) YOU REPRESENT AND WARRANT THAT YOU ARE THE LEGAL AGE OF MAJORITY UNDER APPLICABLE LAW TO FORM A BINDING CONTRACT WITH US; AND,

iii) YOU AGREE THAT IF YOU ACCESS THE BEETROOT APPLICATION FROM A JURISDICTION WHERE IT IS NOT PERMITTED, YOU DO SO AT YOUR OWN RISK.

  1. UPDATES TO TERMS OF SERVICE

i)We may update and revise these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Beetroot Application thereafter.

ii)Continuing to use the Beetroot Application or making subsequent purchases following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check this page each time you access this Beetroot Application, so you are aware of any changes, as they are binding on you.

  1. YOUR RESPONSIBILITIES

i)You are required to ensure that all persons who access the Beetroot Application are aware of this Agreement and comply with it. 

ii)The Beetroot Application, including content or areas of the Beetroot Application, may require user registration. It is a condition of your use of the Beetroot Application that all the information you provide on the Beetroot Application is correct, current, and complete.

iii) Any username, password, or any other piece of information chosen by you, or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. 

iv)You agree to notify us immediately of any unauthorized access to or the use of your username or password or any other breach of security. 

v) You also agree to ensure that you log out from your account at the end of each session. You are responsible for any password misuse or any unauthorized access.

YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE BEETROOT APPLICATION AND YOUR COMPUTER, INTERNET, AND DATA SECURITY.

  1. PROHIBITED ACTIVITIES

You may use the Beetroot Application only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Beetroot Application:

i) In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the exports of data software to and from other countries).

ii) For the purposes of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.

iii) To send, knowingly receive, upload, download, use, or reuse any material that does not comply with the Submission Standards set out in these Terms of Service.

iv) To transmit, or procure the sending of, any advertising or promotional material, including “junk mail”, “chain letters”, “spam”, or any other similar solicitation.

v) To impersonate, or attempt to impersonate, the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing.

vi) To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Beetroot Application, or which as determined by us, may harm the Company or users of the Beetroot Application, or expose them to liability.

 Additionally, you agree not to:

vii) Use the Beetroot Application in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Beetroot Application, including their ability to engage in real-time activities through the Beetroot Application.

viii) Use any robot, spider, or other automatic device, process, or means to access the Beetroot Application for any purpose, including monitoring or copying any of the material on the Beetroot Application.

ix) Use any manual process to monitor or copy any of the material on the Beetroot Application, or for any other purpose not expressly authorized in these Terms of Service, without our prior written consent.

x) Use any device, software, or routine that interferes with the proper working of the Beetroot Application.

xi) Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

xii) Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Beetroot Application, the server on which the Beetroot Application is stored, or any server, computer, or database connected to the Beetroot Application.

xiii) Attack the Beetroot Application via a denial-of-service attack or a distributed denial-of-service attack.

Otherwise attempting to interfere with the proper working of the Beetroot Application.

  1. INTELLECTUAL PROPERTY RIGHTS

The Beetroot Application and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by the laws of the Republic of South Africa and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Service permit you to use the Beetroot Application for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform. Republish, download, store, or transmit any of the material on our Beetroot Application, except as follows:

i) Your computer may temporarily store copies of such material in RAM incidental to your accessing and viewing those materials.

ii) You may store files that are automatically cached by your Web browser for display enhancement purposes.

iii) You may print or download one copy of a reasonable number of pages of the Beetroot Application for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

If we provide desktop, mobile, or other Beetroot Applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our End User License Agreement for such Beetroot Applications.

If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

i) Modify copies of any materials from this site.

ii) Delete or alter any of the copyright, trademark, or other proprietary rights notices from copies of materials from this site.

iii) You must not access or use for any commercial purposes any part of the Beetroot Application or any services or materials available through the Beetroot Application.

 If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Beetroot Application in breach of the Terms of Service, your right to use the Beetroot Application will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Beetroot Application or any content on the Beetroot Application is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Beetroot Application not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.

  1. USER SUBMISSIONS AND SUBMISSION STANDARDS

The Beetroot Application will provide you with the opportunity to create, submit, post, display, transmit, publish, distribute, or broadcast content and materials to us or on the Beetroot Application, including but not limited to text, writings, video, audio, photographs, graphics, comments, ratings, reviews, feedback, or personal information or other material (collectively, “Content”). You are responsible for your use of the Beetroot Application and for any Content you provide, including compliance with applicable laws, rules, and regulations.

 All User Submissions must comply with the Submission Standards and Prohibited Activities set out in these Terms of Service.

Any User Submissions you post to the Beetroot Application will be considered non-confidential and non-proprietary. By submitting, posting, or displaying content on or through the Beetroot Application, you grant us a worldwide, non-exclusive, royalty-free license to use, copy, reproduce, process, disclose, adapt, modify, publish, transmit, display, and distribute such Content for any purpose, commercial advertising, or otherwise, and to prepare derivative works of, or incorporate in other works, such as Content, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media format and through any media channels.

You represent and warrant that:

i) You own or control all rights in and to the User Submissions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their, and our, representative licensees, successors, and assigns.

ii) All of your User Submissions comply with these Terms of Service.

 iii) We do not assert any ownership over your Content. You retain full ownership of all of your Content and any intellectual property rights, or other proprietary rights associated with your Content. We are not liable for any statement of representations in your Content provided by you in an area on the Beetroot Application. 

iv) You are solely responsible for your Content related to the Beetroot Application and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Content.

v) We are not responsible or liable to any third party for the content or accuracy of any User Submissions posted by you or any other user of the Beetroot Application. 

vi) User Submissions are not endorsed by us and do not necessarily represent our opinions or the views of any of our affiliates or partners. 

vii) We do not assume liability for any User Submission or for any claims, liabilities, or losses resulting from any review.

 viii) We have the right in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Content; (2) to recategorize any Content to in more appropriate locations on the Beetroot Application; and (3) to pre-screen or delete any Content at any time and for any reason, without notice. We have no obligation to monitor your Content. Any use of the Beetroot Application in violation of these Terms of Service may result in, among other things, termination or suspension of your right to use the Beetroot Application.

These Submission Standards apply to any and all User Submissions. User Submissions must, in their entirety, comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Submissions must not:

i) Contain any material that is defamatory, obscene, indecent, abusive, offensive, misleading, harassing, violent, hateful, inflammatory, or otherwise objectionable.

ii) Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.

iii) Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.

iv) Violate the legal rights of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Service and our Privacy Policy.

v) Be likely to deceive any person.

vi) Promote any illegal activity, or advocate, promote, or assist in any unlawful act.

vii) Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alar, or annoy any other person.

viii) Impersonate any person or misrepresent your identity or affiliation with any person or organization.

ix) Involved commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.

x) Give the impression that they emanate from or are endorsed by us or any other person or entity if this is not the case.

OUR RIGHTS

We have the right, without provision of notice, to:

i) Remove or refuse to post any User Submission for any or no reason at our sole discretion.

ii) Take any action with respect to any User Submission that we deem necessary or appropriate in our sole discretion, including if we believe that such User Submission violates the Terms of Service, including the Submission Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Beetroot Application or the public, or could create a liability for the Company.

iii) Take appropriate legal action, including, without limitation, referral to or cooperation with the law enforcement or regulatory authorities, or notifying the harmed party of any illegal or unauthorized use of the Beetroot Application; and

iv) Terminate or suspend your access to all or part of the Beetroot Application for any or no reason, including, without limitation, any violation of these Terms of Service.

  •  YOU WAIVE AND HOLD HARMLESS BEETROOT AND ITS PARENT, SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, AND SUCCESSORS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY AND ANY OF THE FOREGOING PARTIES RELATING TO ANY INVESTIGATIONS BY EITHER THE COMPANY OR BY LAW ENFORCEMENT AUTHORITIES.
  1. THIRD-PARTY LINKS AND CONTENT

For your convenience, this Beetroot Application may provide links or pointers to third-party sites or third-party content. We make no representations about any other Beetroot Applications or third-party content that may be accessed from this Beetroot Application. If you choose to access any such sites, you do so at your own risk. We have no control over third-party content or any such third-party sites and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third-party sites.

  1. SOCIAL MEDIA FEATURES

This Beetroot Application may provide certain social media features that enable you to:

i) Link from your own or certain third-party Beetroot Applications to certain content on this Beetroot Application.

ii) Send emails or other communications with certain content, or links to certain content, on this Beetroot Application.

iii) Cause limited portions of content on this Beetroot Application to be displayed or appear to be displayed on your own or certain third-party Beetroot Applications.

  • You may use these features solely as they are provided by us and solely with respect to the content they are displayed with. Subject to the foregoing, you must not:

i) Establish a link from any Beetroot Application that is not owned by you.

ii) Cause the Beetroot Application or any portions of it to be displayed by any other site, for example, framing, deep linking, or in-line linking.

iii) Link to any part of the Beetroot Application other than the homepage.

iv) Otherwise take any action with respect to the materials on this Beetroot Application that is inconsistent with any other provision of these Terms of Service.

The Beetroot Application from which you are linking, or on which you make certain content accessible, must comply in all respects with the Submission Standards set out in these Terms of Service.

i) You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop.

ii) We reserve the right to withdraw linking permission without notice.

iii) We may disable all or any social media features and any links at any time without notice at our discretion.

  1. SOFTWARE

By downloading our software, you acknowledge and agree to our End User License Agreement (“EULA”). The terms of the EULA will govern your use of the software.

  1. ONLINE ORDERS AND SERVICES TRANSACTIONS

All orders, purchases, or transactions for the sales of services, digital products, or information made using this Beetroot Application are subject to the following additional terms and conditions of sale:

  • You may not order or obtain goods, services, digital products, or information from this Beetroot Application if you: 

(i) are prohibited from accessing or using this Beetroot Application or any of this Beetroot Application’s contents, goods, services, digital products, or information by applicable law or 

(ii) you are outside the geographic region where the goods, services, digital products, or information is available for purchase.

  • You agree that your order is an order to buy, under these Terms of Service, all goods, services, digital products, or information listed in your order. 

i) Each service provider controls the orders and must accept your bid, 

ii) Beetroot will not be liable for any transactions of goods, services, digital products, or information from any user.  

iii) Users may choose not to accept orders at own sole discretion, even after they send you a confirmation email with your order number and details of the items you have ordered; and

iv) all prices, discounts, and promotions posted on this Beetroot Application are subject to the service provider who is the “user” and can change without notice. 

v) the price and currency charged for goods, services, digital products, transactions, or information will be the price and currency advertised on this User’s profile at the time the order is placed, subject to the terms of any promotions or discounts that may be applicable.

vi)  The price and currency charged will be clearly stated before you confirm your purchase. 

vii) users offering goods, services, digital products, or information must strive to display accurate price information.

12. PAYMENT

From time to time, Beetroot Media may offer a limited free trial and/or promotional codes for a specified period, which may be subject to additional terms. We have sole discretion to determine your eligibility for trials and/or promotional codes. If you are required to provide payment information in connection with your trial, your first payment will be charged to your chosen payment method following the expiration of the trial, unless earlier terminated in accordance with these Terms of Service. You may not receive a separate notice that your free trial is about to end or has ended, or that your paid subscription has begun.

  1. CANCELLATION

i) You can cancel your subscription at any time by logging into your account or contacting us using the contact information provided below. Your cancellation will take effect at the end of the current billing period.

ii)  Subscription purchases are non-refundable, have no monetary value (for example, they are not a cash account or equivalent), and are purchases of only a non-exclusive, revocable, non-assignable and non-transferable right to use the subscription.

iii)  You may not transfer, sell, purchase, barter, or trade your subscriptions, or attempt or offer to do so. Any attempted transfer will be null and void. Except as required by applicable law, we are not responsible for any refunds or credits in connection with any modified, suspended, or terminated subscriptions.

  1. DISCLAIMERS, LIABILITY, AND INDEMNIFICATION
  • YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE BEETROOT APPLICATION, ITS CONTENT, AND ANY GOODS, DIGITAL PRODUCTS, SERVICES, INFORMATION, OR ITEMS FOUND OR ATTAINED THROUGH THE BEETROOT APPLICATION IS AT YOUR OWN RISK. 
  • THE BEETROOT APPLICATION, ITS CONTENT, AND ANY GOODS, SERVICES, DIGITAL PRODUCTS, INFORMATION, OR ITEMS FOUND OR ATTAINED THROUGH THE BEETROOT APPLICATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OF NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
  • YOU ACKNOWLEDGE AND AGREE THAT COMPANY OR ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS MAKE NO WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE BEETROOT APPLICATION OR ITS CONTENTS OR THAT ANY GOODS, SERVICES, DIGITAL PRODUCTS, INFORMATION, OR ITEMS FOUND OR ATTAINED THROUGH THE BEETROOT APPLICATION WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR BEETROOT APPLICATION OR THE SERVER THAT MAKES IT AVAILABLE, OR CONTENT, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR DESTRUCTIVE CODE.

How We Limit Our Liability to You

EXCEPT WHERE PROHIBITED BY LAW, 

  • IN NO EVENT SHALL THE COMPANY NOR ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE UNDER THESE TERMS OF SERVICE TO YOU OR ANY THIRD-PARTY FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING ANY DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF USE, DATA, REVENUE OR PROFIT, COST OF CAPITAL, LOSS OF BUSINESS OPPORTUNITY, LOSS OF GOODWILL, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), ANY OTHER THEORY OF LIABILITY, OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT THE COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  1. INDEMNIFICATION

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Beetroot Media, its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgements, awards, losses, costs, expenses, or fees (including reasonable attorney fees) arising out of or relating to your breach of these Terms of Service or your use of the Beetroot Application including, but not limited to, third-party sites and content, any use of the Beetroot Applications content and services other than expressly authorized in these Terms of Service or any use of any goods, digital products, and information purchased.

  1. PRIVACY POLICY

Your provision of personal information through the Beetroot Application is governed by our privacy policy located at https://beetroot.today/privacy-policy (the “Privacy Policy”).

  1. GOVERNING LAW

The Beetroot Application and these Terms of Service will be governed by and construed in accordance with the laws of the Republic of South Africa and any applicable federal laws applicable therein, without giving effect to any choice or conflict of law provision, principle, or rule and notwithstanding your domicile, residence, or physical location. Any action or proceedings arising out of or relating to this Beetroot Application and/or under these Terms of Service will be instituted in the courts of the Republic of South Africa, and each party irrevocably submits to the exclusive jurisdiction of such courts in any action or proceedings.  You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.

If you are a citizen of any European Union country or Switzerland, Norway, or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence.

The parties agree that the United Nations Convention on Contracts for International Sale of Goods will not govern these Terms of Service or the rights and obligations of the parties under these Terms of Service.

  1. SEVERABILITY

If any provision of these Terms of Service is illegal or unenforceable under the applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of these Terms of Service will continue in full force and effect.

  1. ENTIRE TERMS OF SERVICE

These Terms of Service constitute the entire and only Terms of Service between the parties in relation to its subject matter and replaces and extinguished all prior or simultaneous Terms of Service, undertakings, arrangements, understandings, or statements of any nature made by the parties or any of them whether oral or written (and, if written, whether or not in draft form) with respect to such subject matter. Each of the parties acknowledges that they are not relying on any statements, warranties, or representations given or made by any of them in relation to the subject matter of these Terms of Service, save those expressly set out in these Terms of Service, and that they shall have no rights or remedies with respect to such subject matter otherwise than under these Terms of Service save to the extent that they arise out of fraud or fraudulent misrepresentation of another party. No variation of these Terms of Service shall be effective unless it is in writing and signed by or on behalf of the Company.

  1. WAIVER

No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder.

  1. NOTICE

We may provide any notice to you under these Terms of Service by: (i) sending a message to the email address you provide to us and consent to us using; or (ii) by posting to the Beetroot Application.

Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.

To give us notice under these Terms of Service, you must contact us as follows: (i) by personal delivery, overnight courier, or registered or certified mail to Beetroot, 16 Lincoln Crescent Blouberg, Cape Town, Western Cape, 7441, ZA. We may update the address for notices to us on this Beetroot Application. Notices provided by personal delivery will be effective immediately once personally received by an authorized representative of the Company. Notices provided by overnight courier or registered or certified mail will be effective once received and where confirmation has been provided to evidence the receipt of the notice.

  1. CONTACT US

This Beetroot Application is operated by Beetroot, 16 Lincoln Crescent, Blouberg, Cape Town, Western Cape, 7441, ZA. +27 67 903 3763.

Should you become aware of misuse of the Beetroot Application including libelous or defamatory conduct, you must report it to the Company. All reports of misuse and other feedback, comments, requests for technical support, and other communications relating to the Beetroot Application should be directed to subscriptions@beetroot.today.