Effective Date: 1 August 2023
These Terms and Conditions ("Terms") govern your use of the website www.mensch.club ("Website") operated by K2019049395 Pty Ltd, trading as Mensch ("we," "us," or "our"). By accessing or using the Website, you agree to be bound by these Terms. If you do not agree with these Terms, please do not access or use the Website.
Use of the Website
1.1 Eligibility
By using the Website, you represent and warrant that you are at least 18 years of age or have reached the age of majority in your jurisdiction. If you are using the Website on behalf of an organization, you represent and warrant that you have the authority to bind the organization to these Terms.
1.2 Permitted Use
You may use the Website for lawful purposes only. You agree not to use the Website in any way that violates applicable laws, regulations, or these Terms.
1.3 Intellectual Property
All intellectual property rights in the Website and its contents (including but not limited to text, graphics, logos, images, videos, software, and trademarks) are owned or licensed by us. You are granted a limited, non-exclusive, non-transferable license to access and use the Website for your personal or internal business purposes only. You may not reproduce, distribute, modify, create derivative works, or exploit any content from the Website without our prior written consent.
User Content
2.1 User Responsibility
You may have the opportunity to submit, post, or transmit content on the Website, including but not limited to comments, feedback, reviews, and suggestions ("User Content"). You are solely responsible for any User Content you provide and the consequences of sharing such content.
2.2 License to User Content
By submitting User Content, you grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, and fully sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content in any media.
2.3 Prohibited Content
You agree not to submit any User Content that is unlawful, harmful, defamatory, obscene, infringing, or otherwise objectionable. We reserve the right to remove or refuse any User Content that violates these Terms.
Third-Party Websites and Services
The Website may contain links to third-party websites or services that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any third-party websites or services.
Disclaimer of Warranties
The Website and its content are provided on an "as is" and "as available" basis, without any warranties or representations, express or implied. We disclaim all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Website will be uninterrupted, error-free, secure, or free of viruses or other harmful components. Your use of the Website is at your sole risk.
Limitation of Liability
To the maximum extent permitted by applicable law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenue, whether incurred directly or indirectly, arising out of or in connection with these Terms, the Website, or the use or inability to use the Website, even if we have been advised of the possibility of such damages.
Indemnification
You agree to defend, indemnify, and hold us harmless from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Website.
Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of South Africa, without regard to its conflict of law provisions. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of South Africa.
Changes to the Terms
We reserve the right to update or modify these Terms at any time without prior notice. The updated Terms will be posted on this page with the effective date. Your continued use of the Website after the posting of any changes constitutes your acceptance of such changes.
Severability
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be modified to the extent necessary to make it valid and enforceable, and the remaining provisions shall continue in full force and effect.
Entire Agreement
These Terms constitute the entire agreement between you and us regarding the Website and supersede all prior or contemporaneous understandings and agreements, whether oral or written.
Contact Us
If you have any questions or concerns about these Terms, please contact us at:
K2019049395 Pty Ltd
Trading as Mensch
Corner St Johns and Main Road,
Seapoint, Cape Town, South Africa, 8005
Email: jonah@mensch.club
Phone: +27613867339
By using our Website, you acknowledge that you have read, understood, and agree to be bound by these Terms.
