Terms and Conditions

Your use of Lekker Luister is subject to these Terms and Conditions (“Agreement”). By using the Services, you agree that you have read and understand this Agreement, and that your use of the Lekker Luister platform shall conform to this Agreement. We reserve the right to change this Agreement. See the Section titled “Changes to Agreement and Services” below for details.

Member Account, Password and Security

In this Agreement “you” refers to the individual, company or legal entity that registers to become a user of the Lekker Luister platform. Group or company subscriptions will be handled on an individual basis. You are responsible for maintaining the confidentiality of the user ID and user password, and are fully responsible for all activities that occur under your user ID or user password. You agree that you are responsible for ensuring that all authorized persons maintain the confidentiality of their user IDs and passwords, as designated by you, and you are fully responsible for all activities that your authorized persons, conduct. You agree to immediately notify Lekker Luister of any unauthorized use of your ID or passwords or any other breaches of security. You agree that you and other persons who you authorize to access your information through the Services shall keep your passwords secure, protected, and confidential, and shall not publicly display the passwords. You agree to ensure that you exit from your account at the end of each session. Lekker Luister cannot and will not be liable for any loss or damage arising from your failure to do so. You also agree that all information you provide in registration or otherwise is true, accurate and complete. We reserve the right to refuse service or subscription to any person or entity for any reason or for no reason whatsoever.

Confidentiality

Through use of Lekker Luister, you may disclose to Lekker Luister information that is confidential and otherwise proprietary (“Your Confidential Information”). Lekker Luister agrees that Your Confidential Information may be disclosed only to Lekker Luister management. The foregoing prohibition on disclosure of Your Confidential Information shall not apply to the extent Your Confidential Information is required to be disclosed by Lekker Luister as a matter of law or by order of a court.

Compliance with Laws/ Consents

You are responsible for compliance with all applicable laws in connection with your use, and use by those persons authorized by you, of the Services. You agree that you shall obtain all required consents and approvals that may be required by law or otherwise from your customers, clients, patients and any other third parties who may be affected by, or may need to consent to, your use of the Services.

Pricing

Pricing for the Services shall be as established by Lekker Luister from time to time. Pricing shall be subject to change upon thirty (30) days’ email notice to you or your by Lekker Luister.

Proprietary Rights of Lekker Luister

Lekker Luister has expended substantial time, effort and funds to create Lekker Luister and the Services. You acknowledge and agree that Lekker Luister or its affiliates exclusively owns or has been licensed by third parties to use all rights, title and interest in the Services and the information, data, databases, images, sound recordings, audio and visual clips and other content (collectively, “Content”) provided by Lekker Luister. Content does not include Your Confidential Information. You shall not remove or modify any copyright or other notice placed on Lekker Luister Content. You may not reproduce, perform, create derivative works from, republish, upload, post, transmit, or distribute in any way whatsoever any Content from Lekker Luister or any other web site owned or operated by Lekker Luister without the prior written permission of Lekker Luister. Use of the Content on any other web site or other networked computer environment is prohibited without prior written permission from Lekker Luister.

Special Conditions for International Use and Exports

Lekker Luister makes no representations that the Services are appropriate for use in all locations, or that transactions, products, instruments or services discussed are available or appropriate for sale or use in all jurisdictions. You access Lekker Luister and the Services on your own initiative, and are responsible for compliance with applicable local laws and regulations. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of data or information exported from the country in which you reside. You further agree not to upload to Lekker Luister any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain encryption software. This assurance and commitment shall survive termination of this Agreement.

No Resale of Service

You agree not to reproduce, duplicate, copy, download, sell, resell or exploit for any commercial purposes, any portion of the Services, use of the Services, or access to the Services.

Consent to Electronic Communications and Email Solicitation

You agree that we may provide you with information and other materials regarding products, services and other offers from time to time. Such solicitations may take the form of materials mailed to you, telephone calls, email messages, or other means. Solicitations will be made to the addresses and numbers provided to us in the registration process. If you desire not to receive such solicitations, you may notify us at info@lekkerluister.co.za.

Electronic Mail Security

You acknowledge that the transmission and receipt of electronic mail transmissions over the Internet is dependent upon many factors outside the control of Lekker Luister. In particular, you acknowledge that electronic mail messages sent and received by you in connection with Lekker Luister are being sent via a non-secure method, and that Lekker Luister shall have no responsibility for the security of any information transmitted or received by you in such electronic mail messages, including any unauthorized access to or alteration of any data or other information contained in or attached to such messages.

Terms of Agreement

This Agreement remains in effect until terminated by you or Lekker Luister. You may terminate this Agreement upon our receipt of your notice via email to Lekker Luister at info@lekkerluister.co.za, and our disabling of your passwords and IDs. If you are unsatisfied with the Services provided through Lekker Luister, your sole remedy is to terminate this Agreement. We may terminate this Agreement, in whole, with or without cause, at any time immediately upon notice posted at Lekker Luister. We may notify you of termination of the Agreement via email or other written notice to the address you provide to us in the registration process. Upon termination, Lekker Luister shall immediately cease provision of Services; provided, that if you are current in your payment of fees and charges to Lekker Luister, After the termination of this Agreement or a Service, you are not authorized to access or use the Service, and you shall cease all such access and use. If you nonetheless access or use the Service in spite of termination of the Agreement or Service, your use of or access to the Service will be subject to the version of the Agreement then in effect as to all current users.

Changes to Agreement and Services

We may make changes to this Agreement at any time. Your continued use of the Services indicates your continued consent to be bound by this Agreement, as changed from time to time. You should view this Agreement often to stay informed of changes that may affect you. You agree to check the Services, your mail and/or email on a regular basis to receive important and timely notices from us. Lekker Luister may also make changes to the Services and site, including discontinuing any Service or Content, or otherwise restricting access and use. We reserve the right to do so without prior notice to you. Lekker Luister reserves the right to change or add any fees or charges for access or use of Lekker Luister or any of the Services at any time.

Indemnity

You agree to indemnify and hold Lekker Luister, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, suppliers and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content, data or information you submit, post to or transmit through the Services, your use of the Services, your connection to the Services, your violation of this Agreement, or your violation of any rights of another. We reserve, and you grant us, the right to assume exclusive defense and control of any matter otherwise subject to indemnification by you. This Section shall survive termination of this Agreement.

No Warranties/ Limitation of Liability

EXCEPT AS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT, LEKKER LUISTER AND THE SERVICES ARE PROVIDED ON AN “AS IS ,” “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND. YOU ACKNOWLEDGE THAT NEITHER LEKKER LUISTER NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS OR OTHER SUPPLIERS MAKES ANY WARRANTIES OR GUARANTEES WITH RESPECT TO THE SERVICES AND CONTENT, INCLUDING WITHOUT LIMITATION, WARRANTIES REGARDING THE ACCURACY OR COMPLETENESS OF ANY CONTENT, OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LEKKER LUISTER AND SUCH PERSONS SHALL NOT BE LIABLE TO YOU FOR ANY LOSS, COST, DAMAGE OR OTHER INJURY, WHETHER IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE, ARISING OUT OF OR CAUSED IN WHOLE OR IN PART BY (I) YOUR USE OF OR RELIANCE ON THE SERVICE OR CONTENT, (II) LEKKER LUISTER PERFORMANCE OF ITS OBLIGATIONS UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR (III) YOUR PURCHASE AND USE OF ANY GOODS OR SERVICES PROVIDED BY THIRD PARTIES THROUGH LEKKER LUISTER, LEKKER LUISTER DOES NOT REPRESENT, WARRANT OR GUARANTEE THAT THE SERVICE OR CONTENT WILL BE FREE FROM ERRORS OR WILL BE AVAILABLE. IN NO EVENT WILL LEKKER LUISTER AND ITS AFFILIATED COMPANIES OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS OR OTHER SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY PUNITIVE, CONSEQUENTIAL, SPECIAL OR SIMILAR DAMAGES EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Miscellaneous

This Agreement represents your entire agreement with Lekker Luister with respect to your access and use of Lekker Luister and the Services. This Agreement does not confer any rights, remedies or benefits upon any person other than you and Lekker Luister. This Agreement may only be amended by a written or electronic form duly accepted and agreed to by Lekker Luister and you, or in the manner described in the Section “Changes to Agreement and Services” above.

Refund policy

We have a no refund policy, however we will handle ad hoc requests on an individual basis. Please contact us at info@lekkerluister.co.za.