Terms of Service
Last updated: November, 2020
Please read the following Terms of Service (“Terms”, “Terms of Service”) carefully before using the https://CompEat.co.za/ or https://rightclickmedia.co.za/what-is-CompEat/ service (the “Service”) operated by Right Click Media PTY LTD (“us”, “we”, or “our”). Your access to and use of the Service is a condition of your acceptance of and compliance with these Terms.
These Terms apply to any person or persons or entities who access or use the Service. By accessing or using the Service you agree to be bound by these Terms.
If you disagree with any part of the Terms then you forego access the Service.
The service is billed on a subscription basis (“Subscription(s)”). You will be billed on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew unless you cancel it or Right Click Media PTY LTD cancels it. You may cancel your Subscription renewal by contacting CompEat customer support team at firstname.lastname@example.org
A valid payment method, including credit card, is required to process the payment for your Subscription. By submitting such payment information, you automatically authorize Right Click Media PTY LTD to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, Right Click Media PTY Ltd will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
Right Click Media PTY Ltd, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
Right Click Media PTY Ltd will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Certain refund requests for Subscriptions may be considered by Right Click Media PTY Ltd on a case-by-case basis and granted in the sole discretion of Right Click Media PTY Ltd.
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post, including its legality, reliability, and appropriateness.
The benchmarks, insights, and content that we supply in the reporting is provided through Facebook.
When you create an account with us, you must provide information that is accurate, complete, and current at all times. If any account information is deemed false or misleading, Right Click Media PTY Ltd reserves the right to cancel your subscription at its own discretion.
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Right Click Media PTY Ltd and its licensors.
The Service is protected by copyright, trademark, and other laws of both South Africa and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Right Click Media PTY Ltd.
When you upload information, you give to Right Click Media PTY Ltd a worldwide, non-exclusive, royalty-free, transferable licence (with right to sub-licence) to use, reproduce, distribute, prepare derivative works of, display, and perform that Content in connection with the provision of the Service and otherwise in connection with the provision of the Service and Right Click Media PTY Ltd.
License Grant & Restrictions
Right Click Media PTY Ltd hereby grants you a non-exclusive, non-transferable, limited, revocable worldwide right to use the Service during the License Term, solely for your own internal business purposes, subject to the terms and conditions of this Agreement.
You shall not license, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party the Service or technology belonging to Right Click Media PTY Ltd in any way.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation to breaches of these Terms
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which, by their nature, should survive termination shall include without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless Right Click PTY Ltd and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access to the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.
Limitation Of Liability
In no event shall Right Click Media PTY Ltd, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Right Click Media PTY Ltd its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Without limiting the generality of the foregoing and notwithstanding any other provision of these terms, under no circumstances will Right Click Media PTY Ltd ever be liable to you or any other person for any indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from, connected with, or relating to your use of the Service, these Terms, the subject matter of these Terms, the termination of these Terms or otherwise, including but not limited to personal injury, loss of data, business, markets, savings, income, profits, use, production, reputation or goodwill, anticipated or otherwise, or economic loss, under any theory of liability (whether in contract, tort, strict liability or any other theory or law or equity), regardless of any negligence or other fault or wrongdoing (including without limitation gross negligence and fundamental breach) by Right Click Media PTY Ltd or any person for whom Right Click Media PTY Ltd is responsible, and even if Right Click Media PTY Ltd has been advised of the possibility of such loss or damage being incurred.
These Terms shall be governed and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the service.
If you have any questions about these Terms, please contact us.