Terms & Conditions – Downloadable Products

Terms & Conditions – Downloadable Products

  1. Introduction
    • These terms and conditions set out the terms and conditions between you, the customer, and Moonstone Compliance (Pty) Ltd (hereinafter referred to as “us”, “we”), governing the use of our website and our downloadable products, including the content therein (the “products”).
    • Your use of our website, and purchase, download and use of our products, constitutes your full acceptance of these terms and conditions.
    • If you do not agree with these terms and conditions, you should not use our website or purchase, download or use any of our products.
  1. Access and Use
  • Your purchase of one of our products constitutes our granting to you of access on a once-off and non-exclusive, non-sublicensable, non-transferable right to download and access that product for the purpose of your own personal use and reference, and print or convert the product to an image or other format for your own storage, retention and reference (the “purpose”).
  • The granting of the access referred to in clause 2.1 excludes any additional services whereby advice and / or guidance is given on the subject matter of the downloadable products.
  • You agree that under no circumstances shall you use, or permit to be used, the product other than for the aforesaid purpose. For the avoidance of doubt, you shall not copy, re-sell, sublicense, rent out, share or otherwise distribute any of our products, whether modified or not, to any third party.
  • Without limitation, external professional service providers, such as attorneys, accountants and outsourcers are specifically excluded from your right of use of the downloadable products.
  • You agree not to use any of our products in a way which might be detrimental to us or damage our reputation.
  1. Intellectual Property
  • The products, whether modified or not, and all intellectual property and copyright contained therein, are and shall at all times remain our sole and exclusive property.
  • You agree that under no circumstances, whether the product has been modified or not, shall you have or attempt to claim ownership of any intellectual property rights or copyright in the product.
  1. Refunds
  • Once a downloadable product has been purchased by you, and you have accessed and downloaded the content of the product, no right of cancellation or refund exists, due to the electronic nature of our products.
  • Any refunds shall be considered at our sole and absolute discretion.
  • We reserve the right to alter any of our prices from time to time.
  1. Warranties and Liability
  • We make every effort to ensure that our products are accurate and fit for the use of our customers. However, we take no responsibility whatsoever for the suitability of the product, and we provide no warranties as to the function or use of the product, whether express, implied or statutory, including without limitation any warranties of merchantability or fitness for particular purpose.
  • You agree to indemnify us against all liabilities, claims, demands, expenses, actions, costs, damages, or loss arising out of your breach of these terms and conditions.
  • Furthermore, we shall not be liable to you or any party for consequential, direct, indirect or special damages including but not limited to damages for loss of profits, business or anticipated benefits whether arising under delict, contract, negligence or otherwise whether or not foreseen, reasonably foreseeable or advised of the possibility of such damages.
  • You agree that the downloadable products purchased constitute customisable templates only, and that the content of same will not be construed as “advice” and / or “guidance” for purposes of these terms and conditions.
  1. General
  • These terms and conditions constitute the entire agreement and understanding between you and us for the supply of downloadable products, and shall supersede any prior agreements whether made in writing, orally, implied or otherwise.
  • The failure by us to exercise or enforce any right(s) under these terms and conditions shall not be deemed to be a waiver of any such right(s) or operate so as to bar the exercise or enforcement thereof at any time(s) thereafter, as a waiver of another or constitute a continuing waiver.
  • The unenforceability of any single provision within these terms and conditions shall not affect any other provision hereof.
  • These terms and conditions, your acceptance thereof, and our relationship with you shall be governed by and construed in accordance with South African, law and both us and you irrevocably submit to the exclusive jurisdiction of the Western Cape High Court and / or Magistrate’s courts over any claim, dispute or matter arising under or in connection with these terms and conditions or our relationship with you.