These are boom.fm's general terms and conditions of use. If you are a band, please also familiarise yourself with the Terms and Conditions for the Offering of Content for Sale.
Table of contents
5. PRIVACY AND SECURITY POLICY
6. DISCLAIMER AND LIMITATION OF LIABILITY
7. SUPPLIER OF GOODS OR SERVICES DETAILS
9. CONTENT POSTED ON THE WEBSITE
10. INTERCEPTION OF COMMUNICATIONS
12. INTELLECTUAL PROPERTY RIGHTS
13. CHANGES AND AMENDMENTS TO TERMS AND CONDITIONS
1. CONDITIONS OF ACCESS
1.1. The terms and conditions set out herein (the "terms and conditions") govern the use of the website of Shock Proof Investments 225 (Pty) Ltd ("we" or "us") located at http://boom.fm ("boom.fm").
1.2. The terms and conditions become effective when you access boom.fm for the first time and constitute a binding agreement between you and us. By using boom.fm, you will be deemed to have accepted and agreed, and to have read and have full knowledge of the terms and conditions, as amended from time to time.
2. MEMBERSHIP
2.1. We offer features and content that is only available to persons who register on boom.fm by providing us with certain information, including a valid email address. If you choose to register on boom.fm, you agree that you will not allow others to use your password and/or account and that you are solely responsible for maintaining the confidentiality and security of your account.
2.2. We will use email and notices on boom.fm as the foremost means of communicating with you.
3. TERMS OF DOWNLOAD
3.1. The goods and services offered on boom.fm are available by way of downloadable files in mp3 format.
3.2. The goods and services offered on boom.fm fall within the exceptions detailed in section 42(2) of the Electronic Communications and Transactions Act 25 of 2002 ("ECTA") and the cooling-off right described in section 44 of ECTA does not apply to your transactions with us.
3.3. This means that files downloaded from boom.fm cannot be returned by you. If there are any defects in respect of the good or service, please notify us within 24 hours of becoming aware of such defects by emailing us at the following address: support@boom.fm
4. PRICES AND PAYMENT
4.1. The price and description of the goods or services offered for sale on boom.fm are displayed on boom.fm.
4.2. Payment can be made by credit card, debit card, electronic funds transfer and/or via premium rate SMS through a sufficiently secure payment system which allows for review, corrections and withdrawal by you prior to placing a final order.
4.3. We use industry standard Secure Socket Layer (SSL) encryption technology to protect your personal information and credit and debit card details.
5. PRIVACY AND SECURITY POLICY
5.1. We respect, and are committed to protecting, your right to privacy and confidentiality. We will use reasonable commercial endeavours to ensure adequate protection and management of your personally identifiable information.
5.2. We aspire to provide first-class services to you, which makes it necessary for us to provide you with information regarding new services, content or special offers. You will be provided an opportunity to opt-out of such information circulars.
5.3. The personal information collected by us is primarily information and materials provided voluntarily by you by registering on boom.fm, using boom.fm or communicating with us. The nature of the personal information collected from you shall be appropriate for us in the normal course of business, to provide the products, content and services requested by you.
5.4. We may electronically collect, store and use the following personal information from you:
5.4.1. name and surname;
5.4.2. birth date;
5.4.3. gender;
5.4.4. country of residence;
5.4.5. closest city;
5.4.6. non-personal browsing habits and click patterns;
5.4.7. e-mail address;
5.4.8. mobile number (if provided by you);
5.4.9. IP address; and
5.4.10. ID number / passport number.
5.5. Your personal information will be stored for as long as it is used and for a period of one year thereafter, together with a record of the personal information and the specific purposes for which it was collected. Your personal information will be destroyed once it has become obsolete.
5.6. We may also collect information about you which is automatically provided to us through "cookies" when you access boom.fm. A cookie is a small data file consisting of encrypted information assigned to a computer’s browser when visiting boom.fm and is stored on your hard drive. Cookies are sent to our web server when boom.fm is visited but do not collect or transmit your personal information or function on their own.
5.7. Cookies are used to identify which areas of boom.fm are most frequently visited, enabling us to deliver content that is specific to your needs and provide a more valuable online experience. Although cookies can be disabled by you, this may have an effect on the functioning of boom.fm and is not recommended.
5.8. We may compile, use and share any information that does not relate to any specific individual and we retain all rights to non-personal statistical information collected and compiled by us.
5.9. We will not disclose your personal information without your consent unless:
5.9.1. requested to do so by any regulatory authority and the regulators appointed by such regulatory authorities;
5.9.2. compelled in terms of a court order or by law;
5.9.3. it is in the public interest to do so;
5.9.4. to comply with any regulation passed under any relevant legislation, or any legal process; or
5.9.5. it is to protect and defend our rights and property (including our intellectual property).
6. DISCLAIMER AND LIMITATION OF LIABILITY
6.1. The purpose of boom.fm is to offer goods and services to you for sale and to provide you with access to features and content. Although we will use our reasonable commercial endeavours to ensure the accuracy of the information on boom.fm on an ongoing basis, use of boom.fm is entirely at your own risk.
6.2. Subject to sections 43(5) and 43(6) of ECTA, and to the extent permitted by law, boom.fm and all information and content on boom.fm is provided "as is" and is not intended to meet your individual requirements and may contain inaccuracies or typographical errors. Laws, rules and regulations applicable to the information may also change from time to time and you should independently verify the correctness of information displayed on boom.fm.
6.3. Information is made available on boom.fm without any express or implied warranty or representation whatsoever. In particular, we do not warrant that boom.fm will be error-free or will meet any particular criteria of accuracy, completeness, performance, quality or reliability of information.
6.4. Neither us nor our holding company, affiliates, subsidiaries or any of our agents or representatives shall be liable for any damages whatsoever suffered or incurred, whether direct, indirect, special, incidental or consequential damages, arising from or relating to your use of, or inability to use, boom.fm, the information provided on boom.fm, any functionality thereof or of any linked website.
6.5. Without derogating from the generality of the above, we will not be liable for:
6.5.1. any malfunction, interruption, downtime or other failure of boom.fm, our computer system, databases (or any of its components), for whatever reason, or any other failure of goods or services provided by third parties, including, without limitation, third party systems such as telecommunication service providers, internet service providers, electricity suppliers, local authorities and certification authorities;
6.5.2. any loss or damage suffered by you in respect of orders, purchases or disposal of goods and services from third parties based on the information provided on boom.fm;
6.5.3. any loss of or damage to your data, or other data, directly or indirectly caused by malfunction of our computer system, third party systems, power failures, unlawful access to or theft of data, computer viruses or destructive code on our system or third party systems, programming defects and/or negligence on our part; and/or
6.5.4. any event over which we do not have control.
6.6. Under no circumstances will we be responsible for any loss, damage or harm suffered by you or a third party as a result of the transmission of confidential or other information to us via the internet, any transmissions of your personal information that you have expressly or implicitly authorised us to make, or for any errors or changes made to any transmitted information. We reserve the right to request independent verification of any information transmitted via boom.fm or email.
7. SUPPLIER OF GOODS OR SERVICES DETAILS
7.1. In accordance with the disclosure requirements of ECTA we, as a supplier of goods and/or services offered for sale, hire or exchange by way of an electronic transaction, have to make certain information available to you.
7.2. Our information is as follows:
| Supplier details: | Shock Proof Investments 225 (Pty) Ltd, a private limited company duly registered and existing under the company laws of South Africa with registration number: 2010/014621/07 |
| Place of registration: | Republic of South Africa |
| VAT registration number: | pending |
| Directors and office bearers: | Peter Ernst Matthaei (CEO), Francois Wessel Swart, Paulus Stemmet |
| Main business: | Operating the boom.fm music portal |
| Physical address for acceptance of legal service: | La Gratitude Building, Dorp Street, Stellenbosch 7600 |
| Telephone number: | +27 21 882 9234 |
| Email address: | info@boom.fm |
| Website: | http://boom.fm/ |
| Self regulatory body: | Not applicable |
| Code of conduct: | Not applicable |
8. SOFTWARE
8.1. You acknowledge that any software made available for download on or via boom.fm is governed by licence conditions and agree that you will indemnify boom.fm against any breach by you of these licence conditions.
8.2. We do not expressly or implicitly warrant that any files, downloads or applications via boom.fm are free of viruses, trojans, bombs, time-locks or any other data or code which has the ability to corrupt or affect the operation of your computer, database, network or other information system.
9. CONTENT POSTED ON THE WEBSITE
9.1. boom.fm makes provision for interactive "blogging" by users who have registered on boom.fm.
9.2. We have the right, in our sole discretion, to edit, refuse to post or remove any material submitted to or posted on boom.fm.
9.3. You agree not to post or transmit any comments on boom.fm which are illegal, defamatory, infringing, harassing, obscene, commercial advertising, personal marketing, profane, untrue, incorrect, harmful, abusive, threatening, vulgar or obscene or constitute hate speech. We reserve the right to report any such comments posted by you to the appropriate authorities.
9.4. If you post unsolicited content or other information on boom.fm, you grant us a non-exclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such information throughout the world in any media. You grant us the right to use the name that you submit in connection with such information, if we so choose.
9.5. You warrant to us that:
9.5.1. you own or otherwise control all of the rights to the content and/or information that you post;
9.5.2. the content and/or information is accurate;
9.5.3. by the supply of the content and/or information to us, you do not violate the terms and conditions and do not infringe the rights of any person or entity; and
9.5.4. you indemnify us for all claims resulting from the receipt by us of the content and/or information you supply to us.
9.6. Information, ideas and opinions expressed by our agents, representatives or employees, or any other users of boom.fm, on boom.fm should not be regarded as professional advice or our official opinion.
9.7. We take no responsibility, and assume no liability for, any content and/or information posted by users of boom.fm, any third party or any of our agents, representatives or employees. You indemnify and hold us harmless against any liability, claim, damage or loss that may result from your posting(s) to boom.fm.
10. INTERCEPTION OF COMMUNICATIONS
Subject to the Regulation of Interception of Communications Act 70 of 2002 ("RICA"), you agree that we may intercept, block, read, delete, disclose and use all communications sent or otherwise communicated to us, our employees, directors and agents. You also agree that your consent satisfies the requirements of ECTA and RICA for consent in "writing" as defined.
11. HYPERLINKS
11.1. boom.fm may contain hyperlinks to websites operated by third parties ("third party web sites"). The operation and content of third party web sites shall be determined by the relevant third party who controls such website and this will be governed by separate terms and conditions. It is your responsibility to become acquainted with such terms and conditions.
11.2. Hyperlinks to third party web sites are provided for convenience only and the inclusion of any links should not be taken to imply an endorsement by us in any way of the third party web sites to which it links. We have no control over websites owned, operated controlled and/or provided by third parties and accept no responsibility or liability for the content of any other website.
11.3. boom.fm prohibits the establishment of any hyperlinks, frame, metatag or similar reference, whether electronically or otherwise, to boom.fm by anyone, save with our prior written approval. Breach of this clause entitles us to take legal action without prior notice to you and you shall reimburse us for the costs related to such legal action on an attorney and own client scale.
12. INTELLECTUAL PROPERTY RIGHTS
12.1. All content on this website, including but not limited to all text, data, graphics, icons, logos, hyperlinks, multimedia works, information, designs, software and databases ("the content"), is provided by us, our affiliates, subsidiaries and/or third party owners of such content and protected by law.
12.2. All rights in and to the content, including but not limited to all patents, rights in inventions, rights in designs, trade marks, trade and business names and all associated goodwill, rights to sue for passing off or for unlawful competition, copyright, moral rights and related rights, rights in databases, topography rights, domain names, rights in information (including know how and trade secrets) and all other similar or equivalent rights subsisting now or in the future in any part of the world, in each case whether registered or unregistered and including all applications for, and renewals or extensions of, such rights for their full term ("the intellectual property rights"), belong to us and/or our affiliates or subsidiaries, and/or third party owners of such rights ("the owners").
12.3. All intellectual property rights in and to the content are reserved and retained by the owners. Except as specified in these terms and conditions, the user is not granted a licence or any other right in or to the content.
12.4. We reserve the right to make any changes boom.fm or the content at any time and without notice.
13. CHANGES AND AMENDMENTS TO TERMS AND CONDITIONS
13.1. We reserve the right, in our sole and absolute discretion, to change, modify, add to and/or delete these terms and conditions from time to time and without prior notice.
13.2. Changes to these terms and conditions will become effective upon such changes being posted on boom.fm and you will be deemed to have consented, read and have full knowledge of the amended terms and conditions when accessing boom.fm.
14. CHOICE OF LAW AND JURISDICTION
14.1. boom.fm is controlled, operated and administered by us from our offices as set out below within the Republic of South Africa. We make no representation that the content of boom.fm is appropriate or available for use in other locations or countries. Access to boom.fm from territories or countries where the content is illegal is prohibited. You may not use boom.fm in violation of South African export laws and regulations. If you access boom.fm from locations outside of South Africa, you are responsible for compliance with all local laws.
14.2. The terms and conditions shall be governed by the laws of the Republic of South Africa, and you consent to the jurisdiction of the High Court of South Africa in the event of any dispute.
14.3. If any of the provisions of these terms and conditions are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent thereof, and the remainder of these terms and conditions shall continue in full force and effect.
14.4. These terms and conditions constitute the entire agreement between us and you with regard to the use of the content and boom.fm.
15. CONTACT DETAILS
15.1. If you need to contact us for purposes related to these terms and conditions, please use the following contact details:
15.1.1. Telephone: +27 21 882 9234
15.1.2. Email: support@boom.fm
16. TERMINATION
We reserve the right, in our sole discretion, to terminate your access to boom.fm and the related services or any portion thereof at any time, without notice.
17. ACCESS TO INFORMATION
17.1. The Promotion of Access to Information Act, No 2 of 2002 ("PAIA"), embodies the constitutional right of access to any information held by any private or public body that is required for the exercise or protection of any rights.
17.2. The guide on how to use PAIA is available from the South African Human Rights Commission. Please direct queries to:
| Postal Address: | The South African Human Rights Commission: PAIA Unit The Research and Documentation Department Private Bag 2700 Houghton 2041 |
| Telephone: | + 27 (0)11 484-8300 |
| Fax: | + 27 (0)11 484-0582 |
| Web site: | www.sahrc.org.za |
| Email: | PAIA@sahrc.org.za |
