Terms of service
Creek Books Terms of Service
1. Introduction:
Welcome to Creek Books. These Terms of Service (“Terms”) govern your use of our website, applications, and services (collectively referred to as the “Services”). By accessing or using our Services, you agree to comply with and be bound by these Terms. If you do not agree to these Terms, please do not use our Services.
1.1. Purpose of the Terms of Service:
The purpose of these Terms is to outline the rules and guidelines for using our Services and to ensure a clear understanding of your rights and responsibilities. These Terms are designed to protect both you and Creek Books by setting expectations and defining the terms of our relationship.
1.2. Acceptance of Terms:
By accessing or using our Services, you acknowledge that you have read, understood, and agreed to these Terms. Your continued use of our Services constitutes your acceptance of any changes or updates to these Terms. We may update these Terms from time to time, and it is your responsibility to review them periodically. If you continue to use our Services after any changes to the Terms, you will be deemed to have accepted those changes.
1.3. User Eligibility:
To use our Services, you must be at least 18 years old or have the consent of a parent or guardian. By using our Services, you represent and warrant that you meet these eligibility requirements.
1.4. Contact Information:
If you have any questions about these Terms or our Services, please contact us at support@creekbooks.app. We are here to assist you and address any concerns you may have.
2. Legal Overview:
2.1. Importance of Terms of Service:
The Terms of Service ("Terms") set forth the rules and guidelines governing your use of the Creek Books website and services. These Terms are essential in ensuring that both Creek Books and its users understand and agree to their respective rights and obligations. By accessing or using our site, you acknowledge that you have read, understood, and agree to be bound by these Terms.
2.2. Confirmation of Agreement:
To ensure clarity and mutual understanding, users must confirm that they have read and agreed to our Terms. This confirmation is a mandatory step before using our services. You can indicate your acceptance by checking the appropriate box or taking similar affirmative action provided during your registration or purchase process.
2.3. Compliance with Regulations:
Creek Books operates in accordance with applicable E-commerce Regulations and Consumer Information Regulations. We are committed to adhering to legal standards to protect your rights and ensure fair practices. These regulations govern various aspects of online commerce, including the provision of clear and accurate information, data protection, and consumer rights.
2.4. Accessibility of Terms:
It is crucial that our Terms of Service are easily accessible to all users. We strive to present these Terms in a format that is clear and straightforward, avoiding overly complex or lengthy documents that may be difficult to read. The terms are provided through a prominently displayed link on our website and incorporated into customer contracts where applicable.
2.5. Enforceability:
In case of disputes or legal issues, the enforceability of our Terms will be determined based on their clarity, accessibility, and compliance with legal requirements. If any provision of these Terms is found to be unenforceable or invalid, the remaining provisions will continue to apply.
3. Copyright and Intellectual Property:
3.1. Ownership of Content:
All material, information, logos, and other content presented on this site, including but not limited to text, graphics, images, software, and trademarks (collectively referred to as "Content"), is owned by or licensed to Creek Books and its parent company, Lamasco Group. This Content is protected under applicable South African and international laws, including but not limited to copyright, trademark, and patent laws.
3.2. Use of Content:
The Content on this site is provided for personal, non-commercial use only. Users may:
- View and print individual pages for personal, educational, or non-commercial purposes.
- Download Content for personal use, provided that no further distribution or commercial use is made of such Content.
Any use of the Content beyond these permissible actions requires prior written consent from Creek Books. Users interested in obtaining permission for commercial use or reproduction of any Content should contact us at support@creekbooks.app.
3.3. Intellectual Property Rights:
Creek Books and its affiliates retain all rights, title, and interest in and to the Content, including any and all intellectual property rights associated with it. Nothing in these Terms of Service grants any rights, by implication, estoppel, or otherwise, to any Content, except as explicitly stated herein.
3.4. Trademarks:
The trademarks, service marks, and logos used and displayed on this site are registered and unregistered trademarks of Creek Books and its licensors. Users are prohibited from using any trademarks, service marks, or logos without prior written consent from Creek Books.
3.5. User-Generated Content:
If users submit or post any content, including but not limited to comments, reviews, or feedback (collectively, "User Content"), they grant Creek Books a perpetual, worldwide, royalty-free, non-exclusive license to use, reproduce, modify, publish, distribute, and display such User Content in connection with the site and its business. Users represent and warrant that they have all necessary rights to grant this license and that their User Content does not infringe on any third-party rights.
3.6. Infringement Notification:
If users believe that any Content on this site infringes their intellectual property rights, they should contact Creek Books at support@creekbooks.app with the following information:
- Identification of the infringing material and its location on the site.
- A statement of ownership of the intellectual property right being infringed.
- Contact information for the complainant.
Creek Books will investigate and address any valid claims of infringement in accordance with applicable laws.
4. Communications:
4.1. Consent to Electronic Communications:
By using the Creek Books website and services, you consent to receive electronic communications from Creek Books. This includes, but is not limited to, emails, notices, and other communications related to your account, our services, or legal matters.
4.2. Satisfaction of Legal Requirements:
You agree that all agreements, notices, disclosures, and other communications sent electronically by Creek Books meet any legal requirements, including but not limited to, the requirement that such communications be "in writing." This means that any electronic communications from Creek Books will have the same legal effect as if they were delivered in written form.
4.3. Communication Preferences:
You have the option to adjust your communication preferences by contacting Creek Books through the contact information provided below. Please note that changes to communication preferences may not be immediately reflected and will take effect after a reasonable processing period.
4.4. Contact Information:
For any questions or concerns regarding communications, or to update your communication preferences, please reach out to us at:
- Email: support@creekbooks.app
- Phone: 087 700 1846
- Address: 138 Kelvin Dr, Morningside Manor, Sandton, 2057
4.5. Responsibilities of Users:
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 responsible for any issues or delays in communication resulting from incorrect or outdated contact details.
5. Hyperlinks
Creek Books may provide links to other websites or online resources for your convenience. These hyperlinks are provided to help you find relevant information or services and do not imply endorsement or approval of the linked sites or their content by Creek Books.
Creek Books does not control or monitor the content or practices of these third-party sites and therefore cannot be held responsible for their content, accuracy, or policies. Any interactions you have with these external sites are governed by their own terms and conditions and privacy policies.
By using the hyperlinks on the Creek Books site, you acknowledge that you do so at your own risk. Creek Books will not be liable for any loss or damage incurred as a result of using or relying on information obtained from these third-party sites. If you have any concerns about the content or practices of linked sites, we encourage you to review their terms of service and privacy policies directly.
6. Prohibited Activities:
Users of the Creek Books website agree not to engage in any of the following prohibited activities:
- 6.1. Framing and Alteration:
- Users may not frame or otherwise create a browser or border environment around any of the content of this site. This includes displaying content from the Creek Books site within another site or application without prior written consent.
- 6.2. Automated Access:
- Users are prohibited from using any automated system, including but not limited to bots, spiders, scrapers, or data mining tools, to access, retrieve, or index any part of this site. Any such automated use of the site must be approved by Creek Books in writing.
- 6.3. Data Harvesting:
- Users must not collect or harvest any personally identifiable information or other data from the site through manual or automated means. This includes, but is not limited to, using scripts, software, or other tools to extract data.
- 6.4. Unauthorized Modification:
- Users must not attempt to alter, modify, or interfere with the site's content or functionality. This includes attempting to disrupt the operation of the site, including through the use of malicious software or code.
- 6.5. Distribution of Harmful Code:
- The distribution or introduction of viruses, worms, malware, or any other harmful or destructive code to the site is strictly prohibited. This includes attempts to damage, disrupt, or gain unauthorized access to the site or its associated systems.
- 6.6. Misuse of Services:
- Users may not misuse any services provided by Creek Books. This includes using the services for illegal purposes, or in any manner that could damage, disable, overburden, or impair the site or interfere with any other user's enjoyment of the site.
- 6.7. Impersonation and Fraud:
- Users must not impersonate any person or entity, or falsely state or otherwise misrepresent their affiliation with a person or entity. Any fraudulent activity or misrepresentation is strictly prohibited.
- 6.8. Violation of Rights:
- Users may not infringe upon or violate any intellectual property rights or other rights of Creek Books or third parties through their use of the site.
Creek Books reserves the right to take appropriate action against any user who engages in prohibited activities, including but not limited to terminating access, pursuing legal remedies, and reporting to relevant authorities.
7. Disclaimer of Warranties:
7.1. No Representations or Warranties:
Creek Books provides this site and its services on an “as is” and “as available” basis. We make no representations or warranties of any kind, express or implied, regarding the operation or availability of this site or the information, content, materials, or products included on this site. To the fullest extent permitted by law, Creek Books disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, and title.
7.2. Limitation of Liability:
Creek Books does not guarantee that this site will be uninterrupted, timely, secure, or error-free. We also do not guarantee the accuracy or completeness of the information, content, materials, or products provided on this site. Users agree that any reliance on such information is at their own risk.
7.3. Responsibility for System Compatibility:
It is the sole responsibility of users to ensure that their hardware, software, and internet connectivity are compatible with this site. Creek Books makes no representation or warranty that the site will be compatible with any particular user’s equipment or software.
7.4. Indemnity:
Users acknowledge and agree that Creek Books is not liable for any indirect, direct, incidental, special, consequential, or punitive damages arising from or related to the use of or inability to use this site. This includes, but is not limited to, damages for loss of data, loss of profits, or any other damages arising from any errors or omissions in the site’s content or functionality.
7.5. No Professional Advice:
The content on this site is for informational purposes only and does not constitute professional advice. Users should seek appropriate professional advice before relying on any information provided on this site.
7.6. Security:
Creek Books has taken reasonable measures to ensure the integrity of this site and its contents. However, we do not warrant that any applications, downloads, or files available via this site are free from viruses, worms, trojans, or other harmful code that may affect users’ systems.
8. Jurisdiction and Governing Law:
By accessing or using the Creek Books site, you agree that these Terms of Service and any disputes arising out of or related to your use of the site shall be governed by and construed in accordance with the laws of South Africa.
Any legal action or proceeding related to these Terms of Service or your use of the site shall be brought exclusively in the courts of South Africa. You consent to the personal jurisdiction and venue of such courts and waive any objections to such jurisdiction and venue.
If any provision of these Terms of Service is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will continue to be valid and enforceable to the fullest extent permitted by law.
9. Privacy and Confidentiality:
9.1. Information Collection:
Creek Books collects personal information from users of our website and services in order to provide and improve our offerings. This information may include, but is not limited to, names, contact details, payment information, and usage data.
9.2. Use of Information:
The information we collect is used to:
- Provide and enhance our services.
- Process transactions and manage accounts.
- Communicate with users about updates, promotions, and other relevant information.
- Ensure the security and integrity of our website and services.
9.3. Data Protection:
Creek Books is committed to protecting user privacy and employs reasonable technical and organizational measures to safeguard personal data against unauthorized access, alteration, disclosure, or destruction.
9.4. Sharing of Information:
Creek Books does not sell, rent, or lease user information to third parties. We may share personal information with trusted partners or service providers who assist us in operating our website and delivering services, provided that they adhere to confidentiality obligations. We may also disclose information if required by law or to protect our rights, property, or safety, or that of our users.
9.5. User Rights:
Users have the right to:
- Access, correct, or delete their personal information.
- Opt out of receiving marketing communications.
- Request details on how their information is being used and shared.
To exercise these rights or for any privacy-related inquiries, please contact us at support@creekbooks.app.
9.6. Security:
While Creek Books takes reasonable measures to protect user information, we cannot guarantee absolute security. Users should take precautions to protect their personal information, such as using strong passwords and keeping their login credentials confidential.
9.7. Changes to Privacy Policy:
We may update our privacy policy from time to time. Any changes will be posted on this page with an updated effective date. Users are encouraged to review this section periodically to stay informed about how we are protecting their information.
9.8. Contact Information:
For any questions or concerns regarding privacy and confidentiality, please contact us at:
- Email: support@creekbooks.app
- Address: 138 Kelvin Dr, Morningside Manor, Sandton, 2057
10. Security:
At Creek Books, we are committed to ensuring the security of our website and the protection of our users’ information. By accessing and using our site, you agree to the following security measures:
10.1. Prohibition of Harmful Actions:
- Users are prohibited from delivering, attempting to deliver, or transmitting any harmful code, including but not limited to viruses, worms, trojans, or any other data or code that may damage or interfere with the operation of our website or any user’s system.
- Users must not attempt to gain unauthorized access to any page, data, or system on our website. Unauthorized access or attempts to exploit vulnerabilities will be considered a violation of our terms and may result in legal action.
10.2. Legal Actions:
- Creek Books reserves the right to pursue criminal prosecution and/or civil action against individuals or entities that engage in activities that compromise the security of our website.
- We may seek damages for any harm or loss suffered as a result of such actions, including but not limited to legal costs, financial losses, and reputational damage.
10.3. Reporting Security Issues:
- If you suspect any security issues or breaches related to our website, please report them immediately to us. You can contact us via the details provided in Section 12 (Contact Information).
- We will investigate reported issues promptly and take appropriate measures to address any potential threats to our website and user data.
10.4. Security Measures:
- Creek Books has implemented reasonable measures to safeguard the integrity of our website and its content. However, no security system is completely foolproof, and we cannot guarantee that our site will be free from all security threats.
- Users are encouraged to take their own precautions to ensure their personal systems are secure and to remain vigilant for any unusual or suspicious activity.
10.5. No Responsibility for Third-Party Sites:
- While we strive to maintain a secure environment, we are not responsible for the security practices of any third-party websites linked from our site. Users should review the security policies of these external sites before providing any personal information.
11. Alterations to Terms and Conditions:
Creek Books reserves the exclusive right to modify or update these Terms of Service at any time without prior notice. Any changes to these Terms will be effective immediately upon posting on our website.
It is the responsibility of the user to review these Terms periodically to ensure they remain informed of any modifications. Continued use of the site or services after any changes have been posted constitutes acceptance of and agreement to the revised Terms.
If a user does not agree to the updated Terms, they must discontinue use of the Creek Books site and services. Any provision of these Terms that is deemed invalid or unenforceable will not affect the validity or enforceability of the remaining provisions.
For any questions regarding the Terms of Service or to address concerns about modifications, users may contact Creek Books at support@creekbooks.app.