ARBITRATION NOTICE: EXCEPT IF YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND DROPD WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
The contents of this documents are as follows:
The service offers an online platform that allows content producers, merchants and brands to advertise a range of products ("Goods") as seen on various media platforms. Dropd creates a link between between end-users (“Users") that will download the app or use the service, media content platforms and Merchants, creating a "market place" based on content that users consuming on any digital device. Dropd will advertise or promote the relevant Goods based on the “product placement” arrangement between the show producer and the Merchant. These terms govern the use of the service to perform these transactions.
The service provides links to the websites or the mobile downloadable application (“Apps”) of the Merchants and may include advertising relating to Merchants, other third parties, and their products.
Dropd does not charge any fees for browsing through any part of the service, however when buying items listed for sale through the website link on the third party service there will be a purchase price and may be a delivery fee applicable, which will be fully paid by the customer or the User.
Please note that Dropd doesn't hold any stock and no sale is directly conducted on the service, therefore, the Merchants and products listed on the service do not necessarily represent all suppliers of the relevant products, or all products available, and Dropd does not guarantee the accuracy of prices, availability of products, or any other information specified on the service, nor does it guarantee that the information displayed on the service is error-free. It is specifically recorded that product pricing and characteristics are supplied to Dropd by the Merchants who have agreed to be listed on the service. Dropd also makes no guarantees as to the content or accuracy of any external websites or applications to which you may be able to link from the service.
Dropd shall take all reasonable efforts to accurately reflect the description and purchase price of Goods on the service. However, should there be any errors of whatsoever nature on the service (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid, or otherwise as set out in the applicable Returns Policy.
In additional to the functionality of the service stated above, user are able to follow shows, by subscribing within the service, comment on posts, like posts and submit private messages to the show producers through a hashtag on a post. The submission of messages can be used for running competition campaigns but please note that additional terms may apply to that competition and a link to these terms will be provided by the show producer, the brand or the merchant.
Dropd’s role is limited to providing the platform through which, once registered with a valid account, users can browse, view and, be able to follow links to purchase the products offered by different Merchants.
A Merchant is fully responsible for all product information, refund and returns policy, shipping methods and all available payment methods. Dropd is not responsible for the services offered by the merchant.
Dropd is not an agent of any Merchant, does not vouch for, or make any warranties in relation to, any Merchant or its products. Neither Dropd nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising in relation to any Merchant. Without detracting from the generality of the aforegoing, Dropd will not be liable in any way whatsoever in relation to any purchases you may make from any Merchant/s directly. In purchasing products from any Merchant directly, you are contracting with the relevant Merchant to purchase such Merchant's product/s and the Merchant is thus solely responsible for the fulfillment of all aspects of your purchase from it. As a user, you acknowledge that you are solely responsible for evaluating the price, quality and legitimacy of any products listed on the Website and Dropd does not guarantee that any Merchant or other party involved in transactions arising from listings or advertisements placed on the service will act in good faith.
Dropd provides a platform to facilitate transactions between Merchants and Dropd Users. Dropd is neither the buyer nor the seller of these Goods. The Sale formed on acceptance of your order for Goods that are for sale by a Merchant is therefore solely between you, the user, and such Merchant. Dropd is not a party to that sale. The Merchant is solely responsible for fulfillment of the Goods. The Merchant is also responsible to provide an invoice to you if required.
Please note that not all Merchants are registered VAT (Value-Added Tax) vendors. Only Merchant’s who are registered VAT vendors may charge VAT on Goods sold and issue a tax invoice in respect thereof. If a Merchant is not a registered VAT Vendor, it may not charge VAT on Goods sold and will not be in a position to issue a tax invoice in respect thereof.
As Dropd strives to ensure that the information on the service relating to any Merchant or its products is accurate, up-to-date, and lawful, should you suspect that a Merchant is selling illegal products, conducting fraudulent activity, using bait marketing or otherwise misleading Users in any way, please notify Dropd thereof by using this email address, firstname.lastname@example.org, so that Dropd can take such measures as it deems appropriate.
THE SERVICE, INCLUDING, WITHOUT LIMITATION, DROPD CONTENT, IS PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER DROPD NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS OR AGENTS (COLLECTIVELY, THE "DROPD PARTIES") MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICE; (B) THE DROPD CONTENT; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO DROPD OR VIA THE SERVICE. IN ADDITION, THE DROPD PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.
THE DROPD PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.
UNDER NO CIRCUMSTANCES WILL THE DROPD PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICE; (B) THE DROPD CONTENT; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE DROPD PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY'S USE OF THE SERVICE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICE'S OPERATION; OR (H) ANY DAMAGE TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE DROPD PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO EVENT WILL THE DROPD PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE DROPD PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE THOUSAND SOUTH AFRICAN RANDS (R1 000.00).
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF DROPD'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE DROPD PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE DROPD PARTIES.
DROPD IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
Save for urgent or interim relief which may be granted by a competent court, in the event of any dispute of any nature whatsoever arising between you and Dropd on any matter provided for in, or arising out of this User Agreement or your use of the Website, then such a dispute shall be submitted to confidential arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa. Arbitration proceedings shall be conducted in Gauteng, South Africa, in English. The expedited arbitration rules may be downloaded from http://www.arbitration.co.za/downloads/expedited_rules.pdf
You agree that any claim you may have arising out of or related to your relationship with Dropd must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
Hyperlinks, Framing, spiders and crawlers: In addition to the basic terms, no person, business or web site may link to any part of the service, or use any technology to search and gain information from the service, without the prior written permission of Dropd. Such permission could be obtained by contacting Dropd (email@example.com) In addition, no person, business or web site may:
Dropd is not responsible for and doesn’t endorse, support or guarantee the lawfulness, accuracy or reliability of any content submitted to, transmitted or displayed by or linked by Dropd, including content provided by users of Dropd or by our advertisers. You acknowledge and agree that by using Dropd, you may be exposed to content which is inaccurate, misleading, defamatory, offensive or unlawful. Any reliance on or use of any content on or accessible from Dropd by you is at your own risk. Your use of the service does not give you any rights in or to any content you may access or obtain in connection with your use of Dropd.
We also do not guarantee the quality, reliability or suitability of any third party services provided, made available, advertised or linked through Dropd and we will bear no responsibility for your use of or relationship with any such third parties or third party services.
We may review (but make no commitment to review) content or third party services made available through Dropd to determine whether or not they comply with our policies, applicable laws and regulations or are otherwise objectionable. We may remove or refuse to make available or link to certain content or third party services if they infringe intellectual property rights, are obscene, defamatory or abusive, violate any rights or pose any risk to the security or performance of Dropd.
There may be, from time to time, third party content and services on Dropd that are subject to further terms – for examples, terms from the relevant third party that originally produced or created such content or service, or terms from the relevant third party in relation to promotional activities being held on Dropd. You agree to comply with any such further terms and conditions as notified to you in relation to your use of such third party content and services.
The "Third Party Content and Services" section above applies to any software supplied by third parties (including software, plug-ins, tools, codecs, data and content within such software) for use in connection with, or incorporated within, Dropd (" Third Party Software"), including your use of such Third Party Software.
In addition to that section, please note that we are not responsible for and we do not endorse, support or guarantee the quality, reliability or suitability of any such Third Party Software. Any reliance on or use of such Third Party Software is at your own risk.
You must comply with any additional terms and conditions applicable to any such Third Party Software. Please see the section on Open Source Software below for additional details about the third party software and libraries used.
We do not provide any technical support for any Third Party Software. Please contact the relevant supplying third party for such technical support.
This service is controlled and operated from the Republic of South Africa and therefore governed by South African law and, subject to the 'Disputes' clause of this User Agreement, you and Dropd submit to the non-exclusive jurisdiction of the South African courts.
The information provided within the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Dropd to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Service or any portion of the Service, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that Dropd provides.
Further to the "Third Party Software" section contained in these terms, Dropd may use software that is subject to "open source" licences (the " Open Source Software"). Where we use such Open Source Software, please note that: