Welcome to BULLETIN
Before making any decisions or entering into any agreements and/or transactions with BULLETIN you should acquaint yourself with relevant detail such as the nature, description, content and cost/subscription charges of our products and services via our BULLETIN website.
Please note that:
- In the event that we may advertise or offer varying membership/subscriptions or promotional plans with differing terms and conditions, such differing terms and conditions will be disclosed to you upon sign-up in annexures to the end user agreement or in other communications available to invite you to subscribe for such services.
BULLETIN SERVICES AND PRODUCTS
BULLETIN provides a subscription service that allows subscribing members to access news scripts, sound bites and such other products as BULLETIN may from time to time identify, generate and/or source – whether in written, audio, audio-visual, digital or any other format (collectively referred to as “content”) which is capable of being streamed or otherwise diffused over the internet / electronic medium to compatible internet–connected devices.
Usage rights, restrictions on use and misuse:
- the content is used for information purposes only;
- the content is used for non-commercial purposes only;
- the products shall not be used, reproduced and the content shall not be adapted for on-sale or sub-licensing;
- that access and use of the products and services shall be restricted to the person/entity in whose name and for whose benefit the login and permissions are issued by BULLETIN;
- that any reproduction, performance or broadcast or other distribution/diffusion of sound bites must be verbatim;
- that any reproduction, performance or broadcast or other distribution/diffusion thereof must include a notification of the above reservations and further must include a warning that all content obtained from this website is the exclusive property of BULLETIN and all content on BULLETIN website, such as text, graphics, logos, button icons, images, audio clips, and software, is the property of BULLETIN or its content suppliers and is protected by South African and international copyright laws and treaties.
Except as stated above, no right title or interest shall be licensed or transferred to you by virtue of your subscription for the products and services.
BULLETIN does not accept any responsibility or liability for any adaptations of any content by the customer and the customer indemnifies BULLETIN and hold it harmless against all and any liability by virtue of or consequent to any adaptation of content.
- You agree to use BULLETIN products and services and all features and functionality associated therewith in accordance with all applicable laws, rules, regulations and other restrictions on use of the products and services and content therein.
- You further agree not to circumvent, remove, alter, deactivate, degrade or thwart any of the content protection measures in BULLETIN services; use any robot, spider, scraper or other automated means to access our service; decompile, reverse engineer or disassemble any software or other products or processes accessible through our service; insert any code or product or manipulate the content of our service in any way; or use any data mining, data gathering or extraction method. In addition you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with BULLETIN services, including software viruses or any other computer code, files or programs.
- You agree not to merge any BULLETIN software or combine it with or into other programs, nor to create derivative works/adaptations of the BULLETIN software.
- You agree not to use the BULLETIN platforms and Apps in a manner that could damage, disable, overburden, impair or compromise our systems, infrastructure or security or interfere with other users.
- You agree not to transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of BULLETIN platforms, services and products.
SUBSCRIBING FOR ACCESS
To subscribe for access to BULLETIN platforms. services and products, you need to consult with our representative consultants and sign a subscription confirmation.
We may require submission of certain compulsory personal information prior to activating your subscription, including payment information, which we may authenticate.
Subscription for access to and use of BULLETIN products and services will continue for the duration of the term contracted for between BULLETIN and yourself or until subscription and your service/license agreement is cancelled or terminated on grounds provided for therein and/or in law, whichever first occurs.
Once subscribed your access to and use of BULLETIN products and services will be dependent on login codes and permissions to be issued, activated and deactivated by BULLETIN as circumstances may demand and subject to such conditions as BULLETIN from time to time in its sole discretion may impose.
ACCESS TO PLATFORMS, SERVICES AND PRODUCTS
BULLETIN website with services and products may be accessed through:
- BULLETIN’s website (this website) or
- A BULLETIN mobile application or
- A third party website or content distribution platform.
To access and use BULLETIN products, services and content you need to have internet access and a compatible BULLETIN ready device, personal computer, portable media player and/or other devices with appropriate features, applications and functionality capable of interacting with our service.
The requirements for compatible devices may vary from time to time as may be required by changing technology, systems and software for the use of or services. Compatibility may also be affected by the features and functionality of third party websites, platforms and applications you may wish to use to access our services. While we may provide guidelines for compatibility, we cannot guarantee that any device or third party application, site or platform will necessarily be 100% compatible and capable to interact with our services.
BULLETIN products and services are based on software developed by or for BULLETIN and is designed to enable access through compatible devices i.e. devices that are capable to interact with our platform and service. Software, functionalities and features may vary by device and medium and you acknowledge that in order to use our services you may need third party software that is governed by third party licenses. You agree to automatic receipt of updated versions of BULLETIN and related third party software.
Kindly note that should you modify the access device and its operating system, you do so at your own risk as such action may result in the BULLETIN connectivity not working.
Note: Users are responsible at own cost to obtain and maintain access devices, to secure adequate internet access from a suitable service provider, for all telecommunication facilities, services, products and equipment needed to access the internet and download any BULLETIN App. BULLETIN will not be responsible for internet access charges, service provider charges and data usage charges and same will be for your own account or for the account of the owner of the access device.
Restrictions on availability and accessibility:
Availability of services, products and content may be restricted by specific access conditions and permissions, or to specific format and/or language options and to varying use options (e.g. on – or off- air nature). BULLETIN products and services may be exploited for use only in geographical areas in respect of which an end user service/ license agreement has been signed by BULLETIN.
Each subscription will be restricted to one contracting customer who will by virtue of his subscription obtain 1 on-air login and one off-air login, each linked to a separate e-mail address provided by the customer. Maximum one (1) smart device, will be able to access per login at a time. Any changes in this scope of functionality will be notified to you.
Login for access and use of BULLETIN products and services will be restrictively allocated by BULLETIN to the subscribing customer only, excluding and prohibiting use by any holding entities or subsidiaries or associate businesses and/or entities and third parties.
Login for access and use of BULLETIN products and services will further be restrictively linked to
- a specified medium of distribution / diffusion;
- a specified broadcasting license;
- a specified broadcasting frequency; and
- a specified geographical area.
Subscribers may therefore not use any BULLETIN products and/or services for distribution / diffusion by another entity owned by the same customer, through or over any unauthorised media (including social media), through or over any other broadcasting frequency or by any entity with a differing broadcasting license, whether in the same or a different geographical area. A separate subscription is required for each such entity, business, medium of distribution, license, frequency and area.
Login will be supplemented by permissions for access and use of the specific BULLETIN products and/or services subscribed for.
The subscriber who creates the BULLETIN account and whose payment method is charged is the account holder who will have control over the BULLETIN account and devices used to access our products and services. The account holder will be responsible for all activity that occurs through his/her BULLETIN account. The account holder should maintain control over any BULLETIN ready devices, logins, usernames, passwords, permissions and details of payment methods associated with the account to avoid anyone from accessing and abusing the account or any information obtainable from it. The account holder is responsible for the accuracy of account information and for updating such information relating to your account. We advise that you always access your account directly via our website rather than through a hyperlink in another communication or platform. We may terminate your account or place your account on hold in order to protect you, BULLETIN and/or third parties from identity theft or fraudulent activities.
Quality: The quality of display of content (written and/or audio-visual) and of the streaming of content may vary from computer to computer and device to device. Factors affecting quality include location, bandwidth available through and speed of your internet connection, your device capabilities and settings.
The time lapse before you can begin to access BULLETIN content will vary depending on factors such as your location, available bandwidth, internet speed, the content selected and the configuration of your BULLETIN compatible and ready device.
While we strive to provide an efficient service, we cannot make any representation or provide any warrantee about the quality of your access and use experience on your device.
Upgrades and tests: We upgrade and test various aspects of our service on ongoing basis. These may include our website, user interfaces and promotional features, delivery and pricing. We also on ongoing basis expand and update our library. You agree that we may include or exclude you from these tests without notice. You may opt out of participation in such tests at any time by notifying us accordingly.
Suspension of access to platforms, services and products: We may suspend part or all of our BULLETIN services, the operation of our website or your access and use of our products and services or your BULLETIN account, or be subjected to such suspension – without thereby incurring any liability for loss or damage of whatsoever nature – in any of the following circumstances:
- For downtime to perform maintenance on and/or updates to our website or technology used in rendering our products and services.
- For downtime relating to power supply or availability of connectivity or for any other cause beyond the reasonable control of BULLETIN.
- Should we become aware or suspect actual or threatened fraud or unauthorised use of our website, our products or services, the content of our platform or your account.
- If we have reasonable grounds to believe that our website, our products or services or the content of our platform is being used negligently, fraudulently, illegally or outside the scope of your permitted use.
- If we have reasonable grounds to believe that your password has been lost or stolen or disclosed to unauthorised third parties or that your access device or infrastructure used to access the BULLETIN platform, services and products may be compromised.
- If we become aware that any information provided by you is false, inaccurate, incomplete, outdated or misleading.
- If we are required to by law, a court order or regulator.
- If you fail to pay for our services on time or if we are unable to collect payment using your authorised payment method(s).
You will be notified of suspension where it is reasonably practical to do so. The suspension will continue for so long as we reasonably believe to be appropriate and in the event of default in payment for as long as all uncollected amounts due to us remain unpaid, Suspension will not terminate subscription or the service/license agreement or any of your obligations or liabilities in terms thereof.
PRICING AND BILLING
A subscriber will be required to pay a subscription fee determined by us from time to time, payment to be made monthly in advance in order to enjoy access to our products and services and to secure that login codes and permissions remain activated.
Pricing: Prices for our products and services, as applicable from time to time, will be disclosed to you as customer in a subscription confirmation of BULLETIN referencing the basket of products and / or services required by you and the associated initial cost. Our subscription price/fees will include VAT but excludes hardware/access device costs required to access our website as well as all costs associated with any third party website, software , applications you may require or use to access our services and products – which will be for your own account. Kindly also note that you will be responsible for all internet charges required to access our services and same is not included in our service charges. Please check with your internet provider for information on internet packages and data usage charges.
We reserve the right in our sole discretion to adjust pricing for our products and services or any component thereof from time to time for reasons such as differing membership/subscription plans/options and promotional plans/offers, increases in operational costs and third party price changes. You accordingly acknowledge that the amount we charge may vary and you authorise us to charge these varying amounts in accordance with the authorised payment method(s).
Price changes to your prevailing subscription fees will only apply effective ninety (90) days after notification of the change to you by posting thereof on this website or by any other communication available to you.
In the event that we should offer to you as subscriber varying subscription plans/options, each such plan/option shall be subject to such additional terms and conditions as may apply to the relevant plan/option which will be disclosed to you on our website, your subscription confirmation or in other communication available to you.
Where we (either ourselves or through our business arrangements with third parties) in our sole discretion make promotional offers to you as subscriber, such promotional access to our products and services shall be subject to such additional terms and conditions as may apply to the relevant promotion which will be disclosed to you on our website or in other communication available to you.
Billing & charge changes: Subscription fees will be charged on a monthly basis. The monthly subscription fee must be paid by the subscriber each month in advance and for every month during which the subscriber remains a registered user of or subscriber to our products and services. At the subscriber’s election we will provide invoices/statements with your sales record by e-mail or post.
By not cancelling your subscription on proper notice to BULLETIN you authorise us to charge your monthly subscription fees and charges for the then prevailing basket of products and services contracted for, in accordance with the authorised payment method(s) until expiry of a properly delivered notice of termination giving ninety (90) days written notice of termination, or until expiry date of the running subscription period, whichever period is shorter.
Subscription fees will be charged to your authorised payment method monthly on a calendar day as close as possible to the day of first payment of subscription fees for your current subscription. The payment date may however change if your payment method does not successfully settle your payment obligation or if the date numerical on which first payment was made does not occur in a particular month or if processing of the payment is delayed or postponed by virtue of bank remittance processes or any other circumstances beyond our reasonable control. We are not responsible for acts, omissions, failures, delays and/or errors on the part of any bank, payment aggregators or payment facilities providers including your authorised payment method(s).
Kindly take notice that payment methods generally attract transactional bank charges. For certain payment methods or payments remitted from certain jurisdictions the issuer of your payment method may charge a foreign transaction fee and / or other charges. Local tax charges may vary depending on the payment method used. Check with your payment method service provider for details. BULLETIN may levy fees and charges against you as customer to recover the cost incidental to remittance of payment.
It is important that you manage your payment resources to ensure successful settlement of your payment obligations. If payment is not successfully settled for any reason (whether due to expiry, insufficient funds, or otherwise) and you do not cancel your account, we may suspend your access to our services until your obligations have been fully discharged and a valid and active payment method has been verified.
Where we successfully process payment using the authorised payment method(s) and you challenge such transaction, we may temporarily suspend your access to our products and services subject to resolution of your challenge and may permanently revoke access if warranted by resolution of your challenge.
Payments are non-refundable and there are no refunds or credits for partially used services/products / contents or time periods. Refunds, credits and promotions are at our sole and absolute discretion and no refunds, credits and promotions considered or indulged by us in any instance shall impose any obligation on us to provide same in any similar or other instance in future.
and use of our products and services.
Payment method(s): By subscribing to BULLETIN products and services and providing or designating a payment method(s) you authorise us to charge you and recover from you in accordance with the authorised payment method(s) the fees and charges in connection with your subscription fee.
No cheque payments or cash payments are accepted by BULLETIN. We currently only accept mandatory debit order payment as primary method for payment for subscription to our products and services.
We however reserve the right to require your authorisation of an alternative payment method to back up the primary payment method should the primary payment method be declined or no longer available to meet your payment obligations for any reason. You authorise us to charge your subscription fees in accordance with such alternative payment method should the primary payment method not be successful for any reason. To the extent that any subscription fees may not be successfully recovered using the authorised payment method(s) you remain liable for any uncollected amounts.
Debit order requirements:
The customer is required to sign in favour of BULLETIN the debit order authority and mandate of BULLETIN as precondition for gaining access to the products and services of BULLETIN.
It is the customer’s responsibility to ensure that there will be enough funds in the bank account for the payment of the debit order throughout the period of subscription.
This signed debit order authority and mandate will:
- contain a reference to the service/license agreement;
- authorize BULLETIN to issue and deliver payment instructions to the customer’s bank for collection against the customer’s account at the bank (or any other bank or branch to which the customer may transfer such or hold an account) on condition that the sum of such payment instructions will never exceed the customer’s obligations as agreed to in the service/license agreement.;
- commence on the commencement date of subscription and remain in force until all claims of BULLETIN against the customer have been satisfied. No debit order authority and mandate may therefore be cancelled by the customer without the written consent of BULLETIN.
Debit order instructions will be implemented commencing with first instruction payable on the debit order commencement date and may be presented thereafter on the 1st day (“payment day”) of each successive month. Should the normal payment day fall on a Saturday, Sunday or recognized South African public holiday, the payment day will automatically be the very next ordinary business day.
In the event that BULLETIN by circumstances beyond its control is prevented or obstructed from successfully presenting a debit order instruction on the due date for payment, BULLETIN may present the debit order instruction for payment on a subsequent day when the obstructive circumstance has been removed or overcome.
Further, if there are insufficient funds in the account of the customer to meet the customer’s obligations, BULLETIN will be entitled to track the customer’s account and re-present the instruction for payment as and when required or as soon as sufficient funds are available in the customer’s account.
The customer shall not be entitled to any refund of amounts which BULLETIN have withdrawn while the debit order authority was in force, if such amounts were legally owing to BULLETIN.
All payment instructions issued by BULLETIN shall be treated by the customer’s bank as if the instructions have been issued by the customer personally.
Although the customer’s debit order authority and mandate may be cancelled by the customer with the consent of BULLETIN, such cancellation will not automatically cancel subscription or the service / license agreement.
The debit order authority and mandate may be ceded to or assigned to a third party if the agreement is also ceded or assigned to that third party, but in the absence of such assignment of the agreement, the debit order authority and mandate cannot be assigned to any third party.
Direct electronic funds transfers:
BULLETIN reserves the prerogative in its sole discretion and on such conditions as it deems fit, to consent to and allow direct electronic funds transfer to BULLETIN’s account as method for remittance of funds owing. The required authorisation, for such indulgence shall only be signed by the authorised manager of BULLETIN. BULLETIN however also reserves the right at any time to revoke such consent and insist on mandatory debit order authorisation.
You are responsible to advise us of any change in your payment information and to update your information on notice to BULLETIN. Failure to do so may result in suspension of access to our products and services. We may update your payment related information and method(s) using information provided by you and/or payment service providers. Following any update, you authorise us to continue to charge in accordance with the updated payment information.
We reserve the right at any time and for any justified reason to terminate your subscription, the availability or operation of the BULLETIN platform and App, or your right to use BULLETIN services and products. Any election to terminate will be communicated to you in writing.
You may cancel your subscription without cause on ninety (90) days’ written notice. A notice of cancellation shall only take effect when receipt thereof is acknowledged by BULLETIN in writing. If you cancel your subscription your account will close at the end of the notice period and you will continue to have access to our products and services through to the end of notice period provided that your subscription fees are fully paid up to date including for the final billing month.
Your attention is drawn to the implications of any election to cancel/terminate the subscription and service/license agreement on twenty (20) business days’ written notice as provided for in the Consumer Protection Act, namely that premature termination of a fixed term agreement may expose you to liability (in addition to your liability for subscription fees and charges during the currency of the agreement) for a reasonable penalty equal to the subscription fees/charges you would have been liable for during a period of sixty (60) days after the date on which premature termination takes effect. If you prematurely cancel your subscription your account will close at the end of the sixty (60) day period post termination, however you will continue to have access to our products and services only through to the end of twenty (20) business days’ notice period provided that your subscription fees remain fully paid up to the effective date of premature termination. The provisions of this paragraph will only be applicable where the Consumer Protection Act finds application by legislative compulsion (as opposed to by choice of the parties).
Please be aware that, where you use a third-party payment method and wish to cancel your subscription for our products and services, you may need to terminate your payment arrangement with such third party to terminate payment of subscription fees.
In all cases of termination of subscription (whether by you or by us) you are required to permanently delete, remove and destroy all copies of the BULLETIN App and access codes in your possession and/or under your supervisions/control and which are installed on any devices. You agree that we may deactivate logins and permissions and may remotely access the access devices and remove and delete the BULLETIN App and all copies of it from the device(s).
DISCLAIMERS AND LIMITATION ON LIABILITY
Bulletin reserves all its MEDIA prerogatives, freedoms, remedies and protection.
BULLETIN products and services are source based and are provided “as is” and “as available” without warranty of any kind.
We do not guarantee, represent or warrant that BULLETIN products, services are error free, whether relating to content, context or otherwise. BULLETIN does not guarantee that all content will be perceived by all users as accurate or suitable for all audiences. The final decision to use, distribute and diffuse content of BULLETIN, whether in identical or adapted form, rests with you as customer.
BULLETIN specifically disclaims liability for the use by you or any other person of this website, any devices used to access our products and services (even if BULLETIN ready) and any applications associated with or used to interact with BULLETIN services/platforms (including their ongoing compatibility with our services.) BULLETIN is not responsible for third party platforms, services and applications. The use of third party platforms and applications with our products and services may not be authorised in all areas where you wish to access our products or services. Use of third party applications will be at your sole option and risk and you agree to indemnify BULLETIN from any damages or losses resulting from improper use of third party applications.
BULLETIN specifically disclaims liability for any loss, injury or damage of whatever nature resulting from:
- interruption or cessation of transmission to or from the BULLETIN platform / App;
- any destructive code which may be transmitted to or through the BULLETIN platform / App, website, services and products;
- defects in, malfunction in, delay in your access device, infrastructure or software;
- defects, malfunctioning, interruption and/or delay in internet connection;
- loss of any data consequent to download / installation of the BULLETIN App or products;
- any unauthorised access and use of your access device or infrastructure and all and any personal information stored therein;
- use by you or any other person of the BULLETIN platform / App, our website, any devices used to access our services (even if BULLETIN ready) and any applications associated with or used to interact with BULLETIN services/platforms (including their ongoing compatibility with our services).
To the extent allowed under applicable laws, neither BULLETIN, nor its affiliates or any of its directors, shareholders, officers, employees, or licensors shall be liable to you for any loss of whatever nature and specifically not for any special, indirect and consequential damages (all of which are waived by you).
To the extent permitted under applicable law, you and BULLETIN agree that you may each bring claim against the other only in your/its individual capacity and not as plaintiff or class member in any class or representative proceeding. Where permitted under applicable law and in the absence of any differing agreement between you and BULLETIN the court may not consolidate more than one person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding.
These terms will not limit any non-waivable warrantees or non-waivable constitutional and consumer protection rights that you may be entitled to by virtue of the applicable laws.
BULLETIN products and services, including all content provided, is protected by Copyright, Trademark, trade secret and/or other intellectual property laws and treaties.
COPYRIGHT: Content is subject to copyright and is either owned by BULLETIN or licensed from third parties. We will use our best endeavours to notify you if we should lose the right to provide you with any content.
TRADEMARKS: BULLETIN name and logo trademarks and may not be used in any manner or passed off in ways that imply sponsorship or endorsement of any person, entity service or product, without the appropriate written permission to do so. Any product branded with BULLETIN name or logo is a reflection on BULLETIN. We do not approve of or allow others to make, sell or give away anything with our name and/or logo on it.
Thank you for respecting the intellectual property rights attaching to and associated with our products and services and platforms.
GOVERNING LAW AND JURISDICTION
Any dispute, difference or question which may at any time arise between concerning the interpretation of this agreement or the rights or obligations of the parties, which cannot be amicably be resolved between the parties by negotiation and/or mediation within twenty one (21) days shall be referred for decision by a single arbitrator to be agreed upon between the parties or, in default of agreement for 14 (fourteen) calendar days, an advocate of the High Court of South Africa of at least 10 years standing to be appointed at the request of either party in accordance with and subject to the rules of the Arbitration Foundation of South Africa for the time being in force. The decision of the arbitrator(s), who will be competent to make an order as to their own costs, will be final and binding on the parties. All arbitrators acting in terms hereof shall be domiciled in the Republic of South Africa.
Direct marketing: When you download the BULLETIN App or access BULLETIN platforms and register as user/subscriber you will receive marketing communications from us. You may opt out of receiving direct marketing communications from us at any time by notifying us accordingly. Some devices or applications you use may allow you to refuse to accept or block approach of direct marketing communications. To opt out of receiving push notification messages on your device you may use your device settings to turn off the functionality. When you avail yourself of these options you do so of your own volition and at your sole risk of loss of essential communications relevant to your access or use of BULLETIN App, our platforms and services.
If you experience any problems with technology used by you to access and use the BULLETIN services and products you should first liaise with your own IT and telecommunication service providers to resolve any issues and verify compatibility of your access device before contacting us.
If you need any information about BULLETIN, our services or assistance with access please contact our helpdesk at info@BULLETIN.co.za.