Terms & Conditions

1. Introduction

Welcome to Creek Books. These Terms and Conditions govern your use of our website and services. By accessing or using the Creek Books website (located at creekbooks.app), you agree to comply with and be bound by these Terms and Conditions. Please read them carefully before using our site.

Creek Books is a rebranded entity resulting from the merger of Lamasco Accounting (Pty) Ltd. and The Creek Apps (Pty) Ltd. This merger has led to the creation of our advanced accounting technology, designed to meet the needs of businesses with efficiency and innovation.

If you do not agree to these Terms and Conditions, you should not use our website or services. Your continued use of the site signifies your acceptance of and agreement to these Terms and Conditions.

For any questions or concerns regarding these Terms and Conditions, please contact us at support@creekbooks.app.

2. Legal Overview

Creek Books provides this Terms and Conditions agreement to ensure that users understand their rights and obligations while using our services. This agreement is intended to outline the terms under which our services are provided and to set expectations for the use of our site and services.

2.1 Terms of Service Agreement

A Terms of Service (TOS) agreement is a crucial document for any business operating online. It establishes the rules and guidelines for the use of our site and services, helping both Creek Books and its users understand their respective rights and responsibilities. It is important that users review and familiarize themselves with these terms before using our site.

2.2 Customer Confirmation

To ensure that users are aware of and agree to our Terms of Service, we require that all customers confirm their acceptance of these terms. This confirmation can be obtained through an explicit agreement process, which may include checking a box or providing electronic consent during the registration or transaction process.

2.3 Compliance with E-Commerce and Consumer Regulations

Creek Books complies with all relevant E-commerce Regulations and Consumer Information Regulations. This compliance is essential to protecting both our business and our customers. Regardless of where users are located, our Terms of Service adhere to these regulations to ensure fair and transparent interactions.

2.4 Clarity and Accessibility

It is our goal to present our Terms of Service in a clear and accessible manner. We strive to ensure that the terms are not excessively lengthy or complicated, making it more likely that users will read and understand them. In cases where terms are found to be too extensive or difficult to comprehend, we may be required to review and simplify them to meet legal standards.

2.5 Visibility of Terms

We are committed to placing our Terms of Service in a prominent and easily accessible location on our site. This is to ensure that users can easily find and review the terms. Any failure to make these terms visible or accessible could result in legal challenges, so we prioritize their proper placement on our site.

3. Copyright

3.1 Ownership

All material, information, and logos presented on this site are the intellectual property of Creek Books and its parent company, Lamasco Group. This includes, but is not limited to, text, graphics, images, software, and other content provided on this site. The copyright in all such materials is vested in Creek Books and is protected by South African and International copyright laws, as well as relevant conventions.

3.2 Usage Rights

Users are granted a limited, non-exclusive, non-transferable license to:

  • Download, retrieve, view, and print the content from this site for personal, educational, or non-commercial home use only.
  • Refer to or cite content from this site for the above purposes.

3.3 Commercial Use

Any use of the content on this site for commercial purposes is strictly prohibited unless prior written consent is obtained from Creek Books. To request permission for commercial use, please contact us at support@creekbooks.app.

3.4 No License

Nothing on this site should be construed as granting any license or right to use any material on this site beyond the limited rights explicitly granted herein. Unauthorized use of any content on this site may violate copyright, trademark, and other laws and is prohibited.

3.5 Disclaimer of Editorial Control

Creek Books does not exercise continuous editorial control over the content of this site and accepts no responsibility for any illegal, discriminatory, defamatory, or obscene content that may appear. Users are encouraged to report any such content to us at support@creekbooks.app.

4. Communications

4.1 Consent to Electronic Communications

By accessing or using the Creek Books website, you consent to receive electronic communications from Creek Books. These communications may include, but are not limited to, notices, agreements, disclosures, and other information related to your use of the site and our services. You agree that all such communications satisfy any legal requirements that such communications be “in writing.”

4.2 Types of Communications

Creek Books may send you communications related to:

  • Updates and changes to our services, policies, and terms.
  • Promotional offers, newsletters, and other marketing materials.
  • Customer support and service-related inquiries.

4.3 Communication Preferences

You have the option to manage your communication preferences. If you wish to opt-out of receiving certain types of communications, you may do so by following the unsubscribe instructions provided in our emails or by contacting our support team at support@creekbooks.app.

4.4 Legal Compliance

All electronic communications sent by Creek Books are intended to fulfill legal requirements, including but not limited to, the requirement that such communications be “in writing” for purposes of legal, regulatory, or contractual obligations.

4.5 Responsibility for Accuracy

It is your responsibility to ensure that the contact information you provide to Creek Books is accurate and up-to-date. Creek Books is not liable for any delays or issues arising from incorrect or outdated contact information.

4.6 No Liability for Communication Failures

Creek Books is not responsible for any failures in the delivery or receipt of electronic communications, including but not limited to issues caused by technical problems, incorrect email addresses, or spam filters.

5. Hyperlinks

Creek Books provides links to other internet sites for the convenience of users. These links are intended to provide additional resources and information relevant to the content on our site. However, Creek Books does not sponsor, endorse, or have editorial control over these external sites. The inclusion of these links does not imply any endorsement or approval by Creek Books of the linked site or its content.

Users acknowledge that the use of these external sites is at their own risk. Creek Books is not responsible for the content, accuracy, or reliability of any third-party sites or resources linked from our website. Any issues or concerns regarding the content of these linked sites should be directed to the respective site administrators.

Creek Books does not accept any liability for any damages or losses incurred as a result of accessing or using any external sites linked from our website.

6. Prohibited Activities

6.1 Framing and Technology Use

  • Users are prohibited from framing, mirroring, or otherwise incorporating any part of the Creek Books website into another website or application without prior written consent from Creek Books.
  • Users must not use any automated systems, software, scripts, or tools to search, scrape, or extract data from the Creek Books website, except as expressly authorized by Creek Books in writing.

6.2 Unauthorized Access and Interference

  • Users may not attempt to gain unauthorized access to any part of the Creek Books website, servers, or networks connected to the website, including through hacking, password mining, or other means.
  • Users are forbidden from interfering with or disrupting the proper functioning of the Creek Books website or servers, including the introduction of any viruses, worms, trojans, or other harmful code.

6.3 Commercial Use Without Authorization

  • Any commercial use of the Creek Books website or its content, including but not limited to the sale or distribution of information obtained from the site, is strictly prohibited unless explicitly authorized by Creek Books in writing.

6.4 Misuse of Site Content

  • Users may not use, copy, modify, or distribute the content of the Creek Books website for any purpose that is illegal, unauthorized, or harmful, including but not limited to defamatory, obscene, or discriminatory content.

6.5 Violation of Intellectual Property Rights

  • Users must not infringe upon or violate any intellectual property rights, including trademarks, copyrights, or patents, associated with the Creek Books website or its content.

6.6 Enforcement

  • Creek Books reserves the right to take legal action, including civil and criminal proceedings, against any user who engages in prohibited activities. This includes seeking damages and injunctive relief as necessary to enforce these terms.

7. Disclaimer

The use of the Creek Books site is at the user's sole risk. Creek Books provides this website on an "as is" and "as available" basis, without any representations or warranties of any kind, whether express or implied.

7.1 No Warranties

Creek Books makes no representations or warranties regarding the completeness, accuracy, reliability, or availability of this website or its content. We do not warrant that the site will be uninterrupted, error-free, or free from defects or viruses. Users acknowledge that any reliance on the site’s content is at their own risk.

7.2 Limitation of Liability

Creek Books shall not be liable for any indirect, direct, incidental, special, consequential, or punitive damages arising from or related to the use or inability to use the site. This includes, but is not limited to, damages for loss of profits, data, or other intangible losses, even if Creek Books has been advised of the possibility of such damages.

7.3 User Responsibility

It is the sole responsibility of users to ensure that any services or information available through this site meet their specific requirements and are compatible with their hardware and/or software. Users are encouraged to take necessary precautions to protect their systems from viruses, worms, trojans, and other potentially harmful code.

7.4 Professional Advice

No advice or opinion expressed on this site should be considered professional advice. Users are advised to seek professional advice before relying on any information or opinion provided on this site.

7.5 Integrity of the Site

While Creek Books has taken reasonable measures to maintain the integrity of this site, we do not guarantee that any applications, downloads, or files available via this site are free of harmful components. Users are responsible for verifying the integrity of any content before downloading or using it.

8. Jurisdiction

By accessing and using this site, you agree that all matters relating to your access to, or use of, this site shall be governed by and construed in accordance with the laws of South Africa. You further agree that any legal action or proceeding arising out of or related to your use of this site shall be brought exclusively in the courts of South Africa.

By agreeing to these Terms and Conditions, you consent to the jurisdiction of the South African courts for the resolution of any disputes that may arise in connection with your use of this site or any related services.

9. Privacy/Confidentiality

9.1 Collection and Use of Information

Creek Books is committed to protecting your privacy. We collect and process personal information provided by users of our site for the purpose of offering and improving our services. This information may include, but is not limited to, your name, email address, and contact details.

9.2 Disclosure of Information

Any personal information collected by Creek Books will not be revealed or disclosed to third parties without your prior written consent, except as required by law or as necessary to provide our services to you. We may share information with our partners and service providers who assist us in operating our site or conducting our business, provided they agree to keep this information confidential.

9.3 Communications

By using our site, you agree to receive communications from Creek Books, which may include updates about our services, promotional offers, and other relevant information. You can opt-out of receiving promotional communications by following the unsubscribe instructions provided in each communication or by contacting us directly.

9.4 Data Security

We take reasonable measures to protect your personal information from unauthorized access, disclosure, or misuse. However, no method of transmission over the Internet or method of electronic storage is completely secure, and we cannot guarantee absolute security.

9.5 User Rights

You have the right to access, correct, or delete your personal information held by Creek Books. If you wish to exercise these rights, please contact us at support@creekbooks.app. We will respond to your request in accordance with applicable data protection laws.

9.6 Changes to Privacy Policy

Creek Books reserves the right to update or modify this Privacy/Confidentiality section at any time. Any changes will be posted on this page, and your continued use of our site constitutes acceptance of the revised terms.

10. Security

10.1 User Responsibilities

  • Users must take appropriate measures to ensure their own security while using this site. This includes safeguarding their login credentials and other sensitive information.

10.2 Prohibited Actions

  • Users are strictly prohibited from delivering or attempting to deliver any damaging code to this website, including but not limited to viruses, worms, trojans, or other malicious software.
  • Unauthorized access or attempts to access any page or section of this website without proper authorization is not permitted.

10.3 Legal Consequences

  • Any user found delivering harmful code or attempting unauthorized access will be subject to criminal prosecution under applicable laws.
  • Creek Books reserves the right to pursue civil action for damages incurred as a result of such conduct. This includes, but is not limited to, legal costs and any financial losses sustained.

10.4 Reporting Security Issues

  • Users are encouraged to report any security issues or concerns to Creek Books immediately. Reports can be directed to support@creekbooks.app or through other designated communication channels provided on the site.

10.5 Site Integrity

  • Creek Books has implemented reasonable security measures to protect the integrity of this website and its contents. However, no warranty is provided that the site or any content is free from harmful code or that it will be uninterrupted or error-free.

10.6 Limitation of Liability

  • Creek Books is not liable for any damages resulting from security breaches, including but not limited to direct, indirect, incidental, special, consequential, or punitive damages.

11. Alterations to Terms and Conditions

Creek Books reserves the exclusive right to modify, update, or amend these Terms and Conditions at any time without prior notice to the user. Any changes will be effective immediately upon posting the revised Terms and Conditions on our website.

It is the user's responsibility to review these Terms and Conditions periodically to stay informed of any updates. Continued use of the website and services after the posting of changes constitutes acceptance of the modified Terms and Conditions.

If you do not agree with the revised Terms and Conditions, you must cease using the website and services immediately. Your ongoing use of the website and services following any amendments indicates your acceptance of the updated terms.