TERMS & CONDITIONS
Effective from 07 February 2020
These Terms cover your use of this website, mobile device application (“App”) and internet services. It is important that you read and understand these Terms and your use of the Service as set out below. If you do not agree to these Terms and Conditions, you may not use the Service.
- Acceptance of Terms
- You have agreed to let us provide you with the Services, on certain Terms and Conditions. These Terms and Conditions were discussed and agreed to by you during a telephone call or you agreed to them when you signed up online.
- The Terms and Conditions agreed upon above, and the Terms and Conditions in this document, constitute the entire agreement regarding the provision of the Services to you. Access to, browsing and use of the website, internet services and App are subject to these Terms. Creating an account, or using the Service or App, will signify that you have read, understood and agree to be bound by these Terms and comply with all applicable laws and regulations. These Terms contain warranty disclaimers and other provisions that limit the liability of Peeq, so please read these terms in their entirety. We reserve the right to immediately terminate your access to the website, Service or App if you do not comply with this agreement.
- We have defined some of the words which have particular meanings in clause 12 of these Terms.
- If there are any words or terms and conditions which you have difficulty understanding, please contact our customer service department at firstname.lastname@example.org and we will reply and assist you.
- We may from time to time amend these Terms. Should we do so, we will notify you via email.
- Duration and Termination
- Once you have signed up for the Service, your 7 (seven) day free trial starts, and as soon as we receive your payment, if within that 7 (seven) days, the Agreement is concluded and we will provide you with the Service, until such time as the Agreement is terminated by you or us.
- Either you or us may, for any reason, terminate the Agreement, by giving each other written notice. Please send your written notice to email@example.com or use the termination facility on the Peeq website.
- If you have chosen to terminate the Service, we will retain the portion of fees, due up to the renewal date, but subject to restrictions that may be applied by law.
- The Services
- Certain portions of the Service are available only to individuals who have registered and obtained a password for the Service. By registering, you certify that you are at least 18 years of age. While registering with us you should provide true and accurate data which includes that of your geographical location, personal details, billing information. You are responsible for maintaining and updating your data. Peeq reserves the right to terminate the account for untrue or inaccurate data, at any time if found or proved. The responsibility for maintaining the confidentiality of the password and the account information rests entirely with you. You agree to immediately notify Peeq of any unauthorized use of your password or account or any other breach of security.
- Without prior written or authorized permission from us, and our Licensor, you should not modify, copy, distribute or sell any content obtained from us, as everything published here is the proprietary property of third party Licensors. As such, unauthorised use may also violate applicable laws including copyright and trademark laws. Peeq and our Licensors strictly prohibit these, and we will terminate your access and account if any such illegal activity is proved or detected. You should also stand liable for the damages caused by these unauthorised activities. Except as permitted by the Publication's lawful owner, you acknowledge that you do not acquire any ownership rights by downloading Publications accessed through the Service. Except as explicitly required under copyright law or permitted by the features of the Service; you may not modify, reverse engineer, publish, transmit, display, participate in the transfer or sale, create derivative works of, or in any way commercially exploit or provide to a third party, the content of the App, the Publications, or any portion of them, without the express permission of Licensor and the owner of such content. We do not grant you any licenses, express or implied, to our or our Licensor's intellectual property.
- You agree not to misrepresent geographical locations, use proxies, use IP spoofing or by any other means, to hide the origin of any message you send or purchase through the service. You agree not to pretend to be any other individual or identity.
- If you access the Service from a location outside of the United States, you are responsible for compliance with all local laws that apply to you. You agree that you will not use the Service or any Publications accessed through the Service in any country, or in any manner, prohibited by the United States Export Administration Act or any other applicable laws, restrictions or regulations.
- We reserve, on behalf of our Licensor, all rights to monitor the content published and inputted by you, for the purpose of determining whether you are compliant with these Terms and other operating rules determined by us our Licensor. We or our Licensor have the right to make decisions about the content and delete them at our own will.
- Peeq is a distributor and not a publisher of the Publications, and Peeq has no editorial control over the content, including opinions, advice, statements, services, offers etc., represented in the magazines. Peeq will not take responsibility for the accuracy or the reliability of any information or facts provided therein, or that is made available through the Service. Accordingly, we have no editorial control over the Publications. Any opinions, advice, statements, services, offers or other information or content expressed or made available by third parties, including those made in Publications offered by the Service, are those of the respective author(s) or publisher(s) and not of Peeq. Peeq will not be liable for any loss or damage caused by your reliance on information obtained through the Service or from the Publications. The Service may contain links to other Internet sites and third-party resources and Peeq does not assume any responsibility or liability for communications or materials available at such linked sites. These links are provided for your convenience only. You are solely responsible for understanding any terms and conditions that may apply when you visit or place an order through a third-party site.
- Peeq reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice at any time. You agree that Peeq and our Licensors shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. The upgrading and maintenance of the Website may result in interruptions or unavailability of the Services from time to time. Where possible, we will advise you of this in advance.
- The Service and all publications are provided on an "as is" and "as available" basis. The Services can be affected by factors outside of our control; including, amongst other things, inclement weather, power outages, your and our internet connectivity, faults experienced by our respective internet service providers and the like.
- Peeq, its affiliates, suppliers, licensors and agents, expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Without limiting the foregoing, neither Peeq nor its affiliates, suppliers, licensors or agents, make any warranty that
- The Service will meet your requirements,
- The Service will be uninterrupted, timely, secure, or error-free,
- The information that may be obtained from the use of the Service, or that may be contained in the publications, will be accurate or reliable, or
- The quality of any publications or the Service will meet your expectations.
You are solely responsible for obtaining and maintaining reliable internet connectivity and your device. Peeq is not responsible for your inability to download content. Any material downloaded or otherwise obtained through the use of the Service, is done at your own discretion and risk, and you will be solely responsible for any damage to your computer system or mobile device, or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from Peeq, or through or from the service shall create any warranty.
- 3.10.To the maximum extent permitted by applicable law, neither Peeq nor its affiliates, suppliers licensors, or agents shall be liable under any theory of law, for any indirect, incidental, punitive, or consequential damages. To the maximum extent permitted by applicable law, the aggregate liability of Peeq for claims arising from your use of the Service or publications or otherwise, shall be limited to the fees paid by you to Peeq for the portion of the service, or publication giving rise to the claim. You agree to defend Peeq, its employees and its affiliates from all claims, demands, actions, damages, costs and liabilities arising out of your use or misuse of the Service.
- Payment for the Services
- As agreed, you have authorized us to collect payment for the Services from your bank card on a monthly basis. Should we be unable to take the monthly collection of $9.99 upon expiry of the 7 (seven) day free trial, we will continue trying, and if we don’t collect the $9.99 by your next renewal date, we will terminate this Agreement.
- You can cancel at any time, and your access to the Services will cancel at your next collection date (renewal date).
- Peeq Refund Policy
You have the legal right to cancel your subscription and request a full refund for any money paid, without reason, during the 14 days following the start of your subscription, as long as you haven’t read a publication on the Magzter platform during this period. To cancel your subscription, please contact Peeq here firstname.lastname@example.org A customer’s refund request related to the below possible scenarios will be considered and reviewed, at our sole discretion:
- Technical issues meaning a customer can’t access a publication which can be directly attributed to a technical issue with the platform.
- Customer questioning their order (including the price charged) placed during the recorded conversation with a Peeq sales agent.
If a refund is agreed, we will provide a full refund to the original credit card used for purchase within 20 days of the refund request.
- Changes in price
We may change the price which you pay for the Services from time to time. In particular (but without limitation), we will increase the price by a reasonable margin on an annual basis. If you want to receive particular notice of such increase, you need to tell us so in writing. Should you not find an increase acceptable, you may cancel this Agreement as per clause 2 above.
- Failure to pay for the Services
If you do not pay for the Services in full and on time, via your bank card, you will be in breach of the Agreement, and we may cease providing you with the Services and can implement the provisions of clause 11.
Your satisfaction is very important to us, please feel free to email us at email@example.com should you not be happy with the Services or the service you have received from our team and we will endeavour to resolve the problem as quickly as possible.
- Information and disclosure
- In entering into the Agreement with you and providing the Services to you, we will come into possession of information pertaining to you. Insofar as it is permissible in law, and save for your banking details, we will hold that information as our own and will be entitled to disclose it to such third parties as we deem appropriate.
- You warrant and guarantee that all information supplied to us is true and correct.
- Should your address, or any other information which you have given to us, change, you must inform us of the change immediately in writing to firstname.lastname@example.org or update your details at www.Peeq-entertainment.com.
- Indemnity and waiver
- 10.1.The Services which we provide, will in some cases constitute the introduction by us to you of Service Providers, who will provide services to you in their own capacity as your contractor (even though in terms of the Services, we might fund a particular element of the cost of the Service Provider). In these cases, the Service Provider will be your contractor (even though we might fund an element of the cost) and in terms of the Services, we will not be responsible for any disputes, damages, losses or claims arising from or related to such introductions.
- 10.2.You indemnify us, our employees and agents against any claim, loss or damage which you or anyone else may suffer arising directly or indirectly from the Agreement, the accessing of the Website and the provision of the Services.
- 11.1.In the event that you breach the Agreement we have the right to:
- 11.1.1.Enforce the Agreement; or
- 11.1.2.Terminate the Agreement.
- 12.1.All sales-related taxes will be paid by the user, as per the taxation norms that may change from time to time based on the location of the user. All pricing and tax on the Apple iTunes App will be governed by Apple's iTunes Terms and Conditions.
- 12.2.Notwithstanding anything to the contrary, a written notice actually received by you will be adequate written notice.
- 12.3.You acknowledge that in entering into this Agreement, you have not relied on any promises, representations or other statements made by us or on our behalf.
- 12.4.If any term or condition is found to be invalid or unenforceable, that term will be removed and the invalid or unenforceable term will not affect the validity of the remainder of this Agreement, which will remain effective.
- 13.1."the Agreement" means the terms and conditions agreed to by you and us during the course of a telephone conversation between you and us (or our direct marketing agents) and the terms and conditions recorded in this document;
- 13.2.“the Licensor” means Zinio. and its licensors, as applicable.
- 13.3."the Services" means the value-added service referred to as "Peeq", which offers you access to over 4000 digital magazine titles through the comfort of your favourite device. Visit www.Peeq-entertainment.com.
- 13.4.“Service Provider” means any third party who is a supplier of any benefit or discount to you under or in terms of the Services;
- 13.5."we", "us" and "our" mean Peeq, the proprietor of which is IGNITION TELECOMS INVESTMENTS (PTY) LTD, its affiliates, subsidiaries or its successors-in-title;
- 13.6."Website" means www.peeq-entertainment.com.
- 13.7."you" and/or "your" means you the customer who applies for and receives the Services.
- Supported Payment Method
IMPORTANT: The clauses printed in bold relate to issues which may pose some risk for you, or which may limit our liability, or which you may not ordinarily expect. Please pay special attention to these clauses. By entering into the Agreement you, in addition to accepting all the terms of the Agreement, also specifically signify that you understand the bold clauses and accept them.