TERMS & CONDITIONS

Terms & Conditions of Use and Privacy Policy

These General Terms and Conditions and Privacy Policy (“Terms”, “Terms of Use”) regulate the use of the EasyPOPI website. These Terms apply to all users of the Website. By accessing or using the Website for the first time, the user acknowledges its contents, and fully understands and agrees to the rights and obligations arising from the use of services, materials, functionalities and other content available through the Websites. If you do not accept any of these Terms, please do not use the Website. Specific terms may also apply to the use of certain services, materials, functionalities and other content available through the Website, of which the users shall be informed in an appropriate manner. We reserve the right to modify or append the Terms, unilaterally, at any time and without prior notice, of which all users shall be duly informed by means of an appropriate notice on the Websites. You are obliged to review the Terms periodically, in order to check for possible modifications or additions. By using the Website after modifications or additions to these Terms have been made, you fully acknowledge, understand and accept the content thereof. Furthermore, we reserve the right to modify the content, design or location of the Website, as well as the services, materials, functionalities and other content available through the Website, unilaterally, at any time and without prior notice. We cannot be held responsible for any damage caused to users or third parties related to the above described modifications.

Contents of the Website

EasyPOPI provides templates to guide you through the process of becoming compliant in the Protection of Personal Information Act. Downloading the pack does not make you compliant. It is merely a roadmap to provide guidance.

Advertising on the website

Any advertising content shall always be marked as such. Publication of advertising content on the Websites does not mean that we endorse, approve, recommend, promote, or in any other way support the advertisers, their products or services. The advertisers are independent entrepreneurs with whom mutual rights and obligations regarding advertising on the Websites are regulated through separate contracts. Therefore, we are not involved in any possible relationship you may establish with the advertisers regarding their advertising content available through the Websites. Any rights and obligations arising from such relationships shall be regulated directly with the corresponding advertiser. Also, for any comments or information related to advertising please contact the advertiser directly. Since we do not control or supervise content available through advertisements, we cannot guarantee the accuracy, truthfulness, origin, content or availability thereof. However, we shall make every reasonable effort to ensure that advertising effectuated through the Website does not contain any prohibited content. Therefore, we reserve the right, but do not assume the obligation, to remove any advertising content, without prior notice and without explanation, based on our own assessment or on information received by any user or third party, due to any reason, but primarily due to violation of these Terms. We are obliged to remove any advertising content which contains or represents prohibited content immediately upon receipt of the corresponding notice sent to the contact address published on the Website. In consequence of the above, we cannot be held responsible for possible damage arising from publishing or removing any advertisement or relying on any content thereof.

Use of the Website

It is not allowed (hereinafter: Prohibited Practices):

Users or third parties shall be legally liable for failure to comply with the provisions of these Terms related to Prohibited Practices or Prohibited Content, particularly for possible damage caused by such actions to EasyPOPI, other users and/or third parties. We reserve the right, but do not assume the obligation, to cancel a user account as a result of the user’s Prohibited Practices or other unlawful behavior, or any violation of these Terms that we assess as grave, without prior notice and without explanation, according to our own assessment or information provided by any user or third party. In consequence of the above, we cannot be held responsible for possible damage incurred to the user, other users or third parties, caused by Prohibited Practices or cancellation of the user account in accordance with the provision in the previous paragraph.

Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Website will immediately cease. If you wish to terminate your account, you may simply discontinue using the Website.

Confidentiality

In the event that you or EasyPOPI obtain access to the confidential information of the other party in the course of using the Website, the party obtaining such information shall maintain the confidentiality of such information in the same manner it maintains the confidentiality of its own similar confidential information, but in no event with less than reasonable care.

Copyright and Other Intellectual Property Rights

Content available through the Website in any form, especially that in the form of documents, templates, lessons, quizzes, photographs, images, drawings, diagrams, charts, audio and visual materials, etc., are protected by copyright and other intellectual property rights according to the legal provisions in force. Users are held responsible for possible violation of copyrights and other intellectual property rights related to the Contents. The Websites contain names of natural and legal persons, names of products or services, trademarks, logos, pictures, graphics and other content subject to the protection of intellectual property rights (hereinafter: Protected Content) held by EasyPOPI and/or third parties. Access to or use of the Website or the Contents does not grant any license, right to use, right to exploit, or any other right related to Protected Content, except to the extent and in the manner explicitly specified in the provisions of these Terms or a corresponding separate contract.

Disclaimer and Limitation of Liability

In no event shall EasyPOPI, 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 Websites; (ii) any conduct or content of any third party on the Websites; (iii) any content obtained from the Websites; 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 Websites is at your sole risk. The Websites are provided on an “AS IS” and “AS AVAILABLE” basis. The Websites are 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. EasyPOPI, its subsidiaries, affiliates, and its licensors do not warrant that a) the Websites will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Websites are free of viruses or other harmful components; or d) the results of using the Websites will meet your requirements. We limit our liability, to the fullest extent permitted by law, for damages arising from any cause whatsoever to the maximum amount of money (1) that you paid for a service and/or product, or other content, or (2) to R 1,000.00 if Rule (1) is not applicable due to the nature of the violation, damage, compensation, or other circumstance.

Privacy Policy

Communication and disclosure of personal data to third parties

Your personal data will be hosted and stored using services like Google Cloud, GoToWebinar, WPEngine, and HubSpot on servers that are located in the European Union and the United States, as well as other countries which might not have the adequacy decision of the European Union; other third-party contractors may have access to your data only for the purpose specified in the previous section – the access of such third parties is strictly controlled. Whenever we are sending data to countries that are not providing the same level of protection as the EU’s General Data Protection Regulation (GDPR), we are going to use appropriate safeguards to protect your personal data, including but not limited to Standard Contractual Clauses for Processors. Your personal data (including your email) will never be shared with any third parties for marketing purposes.

Which personal data do we collect?

Types of data that we collect for specified purposes are your name, phone number, industry, IP address, email address, and other data that is not listed here but specified in the forms displayed on our Website where we collect your personal data.

Purpose and manner of personal data collection and use

EasyPOPI collects and processes personal data in accordance with the provisions of the Protection of Personal Information Act (POPIA) and other regulations in force in the Republic of South Africa. Your personal data are processed only on the basis of your approval a free and express consent to process your personal data for the purposes related to the use of the Content available through the Website. Your consent for the collection and processing of your personal data for a given purpose shall be requested when completing the appropriate form published on the Website. Your personal data shall be used in order to provide Content, reply to queries concerning the Content available on the Website, inform you about existing and new content, materials, functionalities, services, and other offers that may interest you, and in order to improve the quality of the Content and the Website. All collected data are electronically stored, and appropriate measures and procedures are applied in order to prevent unauthorized access, maintain the level of personal data protection, and use the data collected online in an appropriate manner. Even though we take all appropriate measures to ensure against unauthorized disclosure of your personal data, we cannot guarantee that some of the collected personal data shall never be disclosed in a manner that is not in accordance with these Terms. Accidental disclosure may be, for example, a consequence of false misrepresentation when accessing websites that contain such data, with the purpose of correcting possible errors in the data. Our liability shall be limited, to the fullest extent permitted by law, for any damage caused to users or third parties relating to accidental disclosure of personal data.

Collection and processing of personal data by other users or third parties

The Website contain Interactive Content and may contain Links to third-party websites, through which other users or third parties may gain authorized or unauthorized access to your personal data. These Terms do not apply to the collection, processing or use of personal data that you communicate to other users and/or third parties. It is in your best interest to acquaint yourself with the rules of personal data protection, and the protection of privacy applied by other users and/or third parties. Since we cannot control the data you provide when accessing or using the Interactive Content, Links or third-party websites, or in other circumstances in which you communicate your personal data to other users and/or third parties, we shall not be liable for any damage caused to you, other users and/or third parties, arising from the fact that you communicated your personal data, in relation to the use of the Websites. Where applicable discount codes have been applied for the purchase of products or services, some of your personal data may be shared with the relevant reseller for the sole purpose of identifying the sale.

Modification and deletion of personal data

You are legally entitled to request modification or deletion of your personal data, or deletion from the registered user database at any time. Modification or deletion of data shall be effected on the basis of an appropriate notice addressed to the contact identified on the Websites.

Cookies

1. Cookie definitions

A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your device, which is like computer memory.
First and third-party cookies: whether a cookie is ‘first’ or ‘third’ party refers to the domain placing the cookie.
(i) First-party cookies are those set by a website that is being visited by the user at the time (e.g. cookies placed by our website domain).
(ii) Third-party cookies are cookies that are set by a domain other than that of the website being visited by the user. If a user visits a website and another entity sets a cookie through that website, this would be a third-party cookie.
Persistent cookies: these cookies remain on a user’s device for the period of time specified in the cookie. They are activated each time that the user visits the website that created that particular cookie.
Session cookies: these cookies allow website operators to link the actions of a user during a browser session. A browser session starts when a user opens the browser window and finishes when they close the browser window. Session cookies are created temporarily. Once you close the browser, all session cookies are deleted.

2. What cookies do we use and why?

Generally, the website uses cookies to distinguish you from other users of the website. This helps us to provide you with a good experience when you browse the website and also allows us to improve it. The cookies we may use on the website may be categorized as follows:
(i) Strictly necessary
(ii) Performance
(iii) Functionality
(iv) Targeting
Some cookies may fulfill more than one of these purposes.
‘Strictly Necessary’ cookies let you move around the website and use essential features like secure areas. Without these cookies, we cannot provide the requested services.
We use these Strictly Necessary cookies to:

If you prevent these cookies, we can’t guarantee how the website or the security on the website will perform during your visit.
‘Performance’ cookies collect information about how you use the website, e.g. which pages you visit, and if you experience any errors. These cookies do not collect any information that could identify you and are only used to help us improve how the website works, understand the interests of our users and measure the effectiveness of our advertising.
We use performance cookies to:

Some of our performance cookies are managed for us by third parties.
‘Functionality’ cookies are used to provide services or to remember settings to improve your visit.
We use ‘Functionality’ cookies for such purposes as:

Some of these cookies are managed for us by third parties.
‘Targeting’ cookies are used to track your visit to the website, as well other websites, apps and online services, including the pages you have visited and the links you have followed, which allows us to display targeted ads to you on the website.
We may use targeting cookies to:

3. When do we require your consent

All cookies require your consent. We request your consent before placing them on your device. You can give your consent by clicking on the appropriate button on the banner displayed to you. If you do not wish to give consent or wish to withdraw your consent to any cookies at any time, you will need to delete, and block or disable cookies via your browser settings; see below for more information on how to do this. Please note that disabling these cookies will affect the functionality of the website, and may prevent you from being able to access certain features on the website.

4. How to delete and block our cookies

Most web browsers allow some control of most cookies through the browser settings. However, if you use your browser settings to block all cookies (including strictly necessary cookies), you may not be able to access all or parts of the website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies as soon as you visit the website.
Changing your Cookie Settings. The browser settings for changing your cookies settings are usually found in the ‘options’ or ‘preferences’ menu of your internet browser. In order to understand these settings, the following links may be helpful. Otherwise you should use the ‘Help’ option in your internet browser for more details.

Retention time

Any personal data held by us for marketing and service update notifications will be kept by us until such time that you notify us that you no longer wish to receive this information. We will keep your personal data in EasyPOPI for as long as we are legally entitled unless you ask for it to be destroyed.

Your rights

You can unsubscribe from any type of EasyPOPI’s email messages by sending a request to info@easypopi.co.za. Should you believe that any personal data we hold on you is incorrect or incomplete, you have the right to request to see this information, rectify it, or have it deleted. To exercise these rights, please contact info@EasyPOPI.co.za. In the event that you wish to lodge a complaint about how we have handled your personal data, please contact info@easypopi.co.za. We will then look into your complaint and work with you to resolve the matter.

Terms of Use for Documentation Templates

Document/documentation sold via the Website is protected by copyright held by EasyPOPI. Upon payment, EasyPOPI grants you a non-exclusive, permanent, limited right to use the document/documentation worldwide, exclusively in the manner expressly specified here. All rights which are not expressly granted here are reserved. You are authorized to use the document/documentation for any purpose, but exclusively for the needs of your business, in any way that is in accordance with the granted rights, to copy the document/documentation, in whole or in part, directly or indirectly, temporary or permanently, by any means and in any form, as well as to translate it into other languages, to adapt, edit or in any other way modify the document/documentation. It is expressly prohibited to use the document/documentation commercially for any purpose or for any need not directly related to your internal business. It is particularly prohibited to lease or distribute the original or copies of the document/documentation by selling or otherwise, or offering them with the intention of selling, as well as to print, publish, and make available to the public, through wired or wireless systems, by enabling unauthorized third persons to access the documents from places and at times of their own choosing (e.g. internet publishing), without previously obtaining written consent from EasyPOPI. You are not authorized to transfer your rights to associated or non-associated legal or natural third persons, including your affiliate companies, or to grant any such third persons any right to use the document/documentation without written consent previously granted by EasyPOPI.

Purchasing

Purchases

If you wish to purchase any product or service made available through the Website (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, and your billing address, and your shipping information. You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete. By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases. We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons. We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

Availability, Errors and Inaccuracies

We are constantly updating our offerings of products and services on the Website. The products or services available on our Website may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Website and in our advertising on other web sites. We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Refund & Cancellation Policy

Due to the nature of our documentation templates & documentation toolkits, we do not offer any refunds once the order has been placed and your template has been delivered under any circumstances. Because we only sell digital goods, these products are irretrievable after they have been delivered. By purchasing our documentation templates or documentation toolkits, you understand and agree to the terms outlined herein. However, there are circumstances that would allow us to offer you a refund for your purchased template, and they are as follows: (1) the product was not delivered to you, or (2) you were unable to download the file we provided, or you are unable to save or open the template. All decisions on refunds and our policies therein are subject to our discretion. As such, we may require screenshots of errors received, or other proofs. We will make every attempt to ensure the product is up to your standards as well as ours before we issue a refund.

Governing Law

These Terms shall be governed and construed in accordance with the laws of the Republic of South Africa, 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 Website and supersede and replace any prior agreements we might have between us regarding the Website.