Last updated 01 December 2019
Agreement between you (the “User”) and DSM (dance-studio-manager.co.za/dance-admin.co.za)
Who we are and how to contact us
DSM and the dance-studio-manager.co.za/dance-admin.co.za website (the “Site”) offer various web pages and software operated by House of Yireh Pty Ltd (the “Company”) a company registered in South Africa under the registered number 2019/228479/07 and our office is at Unit 402, De Velde Estate, Somerset West, 7130.
This site, software and various related pages are offered to you conditioned on your acceptance, without modification of the terms and conditions and other notices herein (the “Terms”). Your use of the site gives your agreement to all these Terms. Please ensure they are carefully read.
How does our site work?
You as the business owner, may use the site/software to assist the administration of your business. We do not take title to any information or your use of this site and you are fully responsible to your customers, and your customers data in all aspects in relation to the information/actions you take on DSM. You may provide to us certain screen images, printed materials, photographs, animations, video, audio, music, text, applications, trade names, trade marks, logos or other similar design elements (Designs). We will use our best efforts to incorporate your Designs with the site. You hereby represent and warrant to us that (1) you are authorized to enter into these terms, (2) each signatory on your behalf is of majority age and competent to execute, deliver and perform these terms, and (3) except as otherwise provided herein or disclosed to us in writing, you have all rights, title, and interest to your Designs.
Subscriptions and Fees
We charge you a monthly subscription cost for using our service and account for any VAT (or other applicable taxes) on such fee(s) as applicable. You can cancel your subscription at any time, just head over to our contact page to contact our team.
DSM reserves the right and may amend these fees at any given time by providing the User with 1 months notice.
If DSM occurs additional charges from 3rd parties in relation to additional features and integrations used by the User on the DSM software, these charges may be passed on.
You agree to indemnify us against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs and all other reasonable professional costs and expenses) suffered or incurred by us arising out of or in connection with:
- any claim made against us for actual or alleged infringement of a third party’s intellectual property rights arising out of or in connection with the Designs;
- any claim made against us by a third party, including a customer of yours, arising out of or in connection with your organising, including, but not limited to, in connection with any refund due.
Nothing in these terms shall limit or exclude the liability of either party for:
- Death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors (as applicable).
- Fraud or fraudulent misrepresentation.
- Liability under the indemnities contained in the section “Indemnity” above.
- Any matter in respect of which it would be unlawful to exclude or restrict liability.
Subject to the foregoing (which shall not apply in the event of any claim by us under the indemnity provisions above):
- Neither party shall under any circumstances whatever be liable to the other, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, revenue, or anticipated savings or any loss that is an indirect or secondary consequence of any act or omission of the party in question; and
- The total liability of either party to the other in respect of all other loss or damage arising under or in connection with these terms, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the monthly cost of the subscription.
We may make changes to these terms and the site
We amend these terms from time to time and may update and change our site from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms which apply at that time.
We may suspend or withdraw our site
We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
You must keep your account details safe
We are a data processor and you are the data controller.
You shall ensure that it has all necessary consents or has complied with another processing condition and has the appropriate notices in place to enable the lawful transfer of personal data to us for the duration and for the purposes of these terms.
Consent must specifically be requested before uploading any personal information, including images (profile pictures) into the system.
When we process any personal data on behalf of you, we shall:
- act only on your instructions
- have in place appropriate technical and organisational security measures against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data. Such measures shall be appropriate to the harm that might result from the unauthorised or unlawful processing;
- ensure all personnel who have access to the personal data are obliged to keep it confidential;
- assist you to respond to a data subject’s request to enforce their rights of subject access, rectification, erasure and any other rights conferred by the Data Protection Legislation;
- assist you if requested with respect to security, breach notifications, impact assessments and any investigations by a supervisory authority or regulator;
- notify you without undue delay in the event of a data security breach and assist you with any investigations;
- at your direction delete or return to you all personal data and copies on termination unless required by law to retain the same;
- complete and accurate records to demonstrate its compliance with this clause and allow for audits by you; and keep up to date a data processing register (if required).
We shall not appoint a third-party processor without your prior written consent. We shall ensure that any third-party processor will enter into an agreement with the same or substantially similar terms in relation to the Data Protection Legislation.
How you may use our site
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
DSM is copyright owned by us. You are not permitted to use it without our approval.
You may not rent, lease, license, sublicense, transfer, distribute, alter, modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on the site, nor give anyone permission to do so. You may not make access to Service available to others in connection with a service bureau, application service provider, or similar business, nor give anyone permission to do so.
We are not responsible for websites we link to
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
We have no control over the contents of those sites or resources.
We are not responsible for viruses and you must not introduce them
We do not guarantee that our site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
Rules about linking to our site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our site in any website that is not owned by you. Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. If you wish to link to or make any use of content on our site other than that set out above, please contact email@example.com
Which country’s laws apply to any disputes?