Terms & Conditions

Introduction

Welcome to the Terms and Conditions (T&Cs) “terms of use” that govern your use of/ or registering an account with the Active Community Management (ACM), (“we”, “us”, “our”) website. ACM is owned by My Bua (Pty) Ltd.

You must be at least 18 [eighteen] years of age to use this website (“site”). By accessing or using the ACM website or services, or Registering an Account, as well as creating user profiles (“users”), or usernames and passwords for users to access your information or content on the ACM website, you will be deemed to have agreed to be bound by and to have read, understood and will be adhering to these Terms and Conditions at any time applicable to ACM T&Cs and its Privacy Policy.

These Website Terms and Conditions (T&Cs), or terms of use which include any Privacy policies, apply to the access to the services, ordering, sale and delivery of goods and services, any information and any use of this Website by its users (“user”, “customer”, “you”, or “your”).

It is very important for you to understand and agree to be bound by these Terms and Conditions (including the Privacy Policy) before you proceed to make use of or register an account with the ACM website. By using this website, you accept these terms and conditions in full and without reservation. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

ACM may change these terms from time to time, at ACM’s sole discretion. Please periodically visit this section of the site to review the current version of these terms. You agree to comply with any additional New or Updated terms which are referred to on this website or any area within the ACM website.

Definitions

In these Terms & Conditions, the following terms shall have the meanings indicated: -

“User/s”, “you”,” your “or “customer”, means any and all persons, who use the website, as well as organisations, or entities who have registered and purchased a subscription with ACM and undertake any other business with ACM, by using /or availing of any information and/or services or products available on this website.

“We” and “our” and “us” means Active Community Management (ACM)

“Content” or “user content”, “material”, “text”, “usage data”, “anonymous data” means any and all forms of data entered into the website.

“Website” (“site”) means ACM’s online platform, which can be accessed at www.acm-sa.co.za

'Terms & Conditions of Use' and 'Agreement' means the terms and conditions or terms of service of ACM as referred to and/or contained herein;

'Service(s)' means any services to be provided by ACM, including additional paid services or courses

"Products” means all products for sale our website, including but not limited to apparel, footwear, equipment.

“Order” means the collection of Items purchased by you from our website.

'Privacy Policy' means our statement of practice as regards the privacy and security of your personal information when accessing and/or using this website and any of the features hereon;

“Working Days” means between 08h00 and 17h00 Monday to Friday, excluding Saturdays, Sundays and statutory public holidays in the Republic of South Africa.

Data we collect about users

ACM does not sell, trade, rent or otherwise provide your personal data to third parties without prior permission from you, provided however, that such third parties do not include our subsidiaries, affiliates, licensees, partners, website hosting partners shipping or courier companies or other parties who assist us in operating or providing our services to you.

Identity Data, includes name/s, last name, username, title, date of birth, ID number

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data). We may collect, use, store and transfer different kinds of personal data about in order to provide our services to you which we have grouped together as follows:

Contact Data includes billing address, delivery address, email address and telephone numbers.

Transaction Data includes details about your account, account history, activity, orders, knowledge, payments to and from you and other details of products and services you have purchased from us.

Usage Data includes information about how you use our website, services and products

Technical Data includes information about your use of our facilities, internet protocol (IP)address, your login data, browser type and version, date, time and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access our website or system.

Financial Data includes bank account and payment card details; however, ACM does not collect, store and/or retain any credit card and/or payment details. (ACM uses a third party for this service)

Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.

Data aggregation, Aggregated data: is the process where raw data is gathered and expressed in a summary form for statistical analysis. For example, raw data can be aggregated over a given time period to provide statistics such as average, minimum, maximum, sum, and count.

Data anonymisation or anonymous data: is the process by which personal data is irreversibly altered in such a way that the subject’s personal identity can no longer be identified directly or indirectly.

Your Account

You will need to register for an account and pay your yearly subscription fee in advance to gain full website access or use certain Services. You must provide us with accurate and complete information when completing our registration process. Please keep your information up to date, once you have completed this and gained access to the services, you can create usernames profiles for your additional admin users to access the services as well as patrol users. You will be able to manage and update your information via your account page. You agree and understand that it is your responsibility to keep your ACM account information confidential. You are responsible for all activity under your account. Your login may only be used by you and no one else, a single login shared by multiple people is not permitted.

Governing Law

This website is hosted, controlled and operated from the Republic of South Africa. The parties agree that these Terms of Use shall be governed by and construed and interpreted in accordance with the laws of the Republic of South Africa. To the extent that the courts have jurisdiction over any matter between the parties arising out of or in connection with these Terms, the parties submit themselves to the exclusive jurisdiction of the Courts of the Republic of South Africa.

Links to Other Websites

The ACM website may contain links to third party websites that are maintained by others. Any such links are provided solely as a convenience to you and not as an endorsement by ACM of the contents on such third-party websites. ACM has no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such website

Your Responsibilities when using the service.

You are responsible for the content, usage data (“information”, “data” or “material”) you provide on the website and there may be instances where such information proves inaccurate or incomplete. You should take all reasonable steps to ensure and verify the accuracy of the content, data and information you obtained, before making any decision or taking any action based on this information which might affect you or your organisation and its members safety, ACM recommends seeking the advice of a qualified professional regarding any specific actions. For example, getting Police or Law enforcement assistance when responding to crime areas or hotspots.

ACM will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foresee able, arising under or in connection with:

  • use of, or inability to use, our site; or
  • use of or reliance on any content displayed on our site.

License to use ACM website and services.

Unless otherwise stated, ACM owns the intellectual property rights published on this website and the content used and displayed on the website, including but not limited to text, software, photographs, graphics, illustrations and artwork, video, music and sound, and names, logos, trademarks and service marks, are all the property of ACM, Subject to the license below, all these intellectual property rights are reserved and are protected from infringement by local and international legislation and treaties.

You may view, compile reports or prepare reports based on the content you provided to the website and for your organisations or communities benefit only, subject to the restrictions set out below and elsewhere in these terms and conditions. You may also make use of the content for power point presentations to screen or project this information at committee, general meetings or AGM for information purposes only.

You must not:

  • You must not modify, print, copy, distribute, transmit, display, perform, reproduce, publish, license, sub-license, create derivative works from, transfer, rent or sell for any commercial purposes any portion of the website Services, including use of the Services or access to data or content in any form.
  • Reverse engineer or the decompiling of the Website to (without limitation), build a competitive product or service; build a product using similar ideas, features, functions or graphics of the Service; copy any ideas, features, functions or graphics of the Website or service.
  • Republish material from this website in neither print nor digital media or documents (including republication on another website);
  • Show any material from the website in public, except to the direct community and members you as an organisation serve as stipulated above. For example, AGM or committee meetings.
  • Exploit material on this website for a commercial purpose. Our Services are for your non-commercial use.
  • Republish or reproduce any part of this website through the use of photo of screens or screen shots, iframes or screen scrapers to or from any device. For example, posting images on social media platforms.
  • Introduce any viruses, trojan horses, worms, or other material which is malicious or technologically harmful.
  • Use content that constitutes a political statement, commercial solicitation, or "Spam".
  • Attempt to interfere with the proper working of the website.
  • Provide false information to gain access to the Website; or impersonate another User or any third party;

Where content is specifically made available for redistribution, it may only be redistributed within your organisation committee members for information purposes only. You may not distribute printed copies in any form to the general public.

You Agree and Understand:

  • That you, and not ACM, are entirely responsible for, as well as to provide all content, material or usage data for your area that you upload, post, transmit or otherwise make available via the Services.
  • You will treat any reports or statistics from your data about your area as strictly private and confidential information.
  • You also warrant your identity (in other words, you are who you say who you are), and that you can prove your identity should we require you to do so.
  • That you have a secure password to access the website including the users you create and allow access to your information. For example, Admin users and Patrol users
  • That you treat profiles, username, passwords and or any other piece of information as confidential and do not share them.
  • To notify us immediately of any unauthorised access to or use of your username or password or any other breach of security.
  • You will periodically change your password and log out after each session.
  • That you will NOT display any content which is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane or hateful, or racially, ethnically or otherwise objectionable of any kind.
  • You agree that ACM does not pre-screen your Content, but that ACM or whoever they appoint, shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that violates these terms.
  • Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any Police, Safety, Security, Legal, Medical or any other matter you should consult an appropriate professional.

Rights You Licence

When you provide Content or Data to our website or Services, it belongs to you. However by using this website service you grant us access to all content or usage data, created within the website by its users as well as a royalty-free, worldwide license to use, copy, reproduce, modify, adapt, publish, store, translate, create derivative works from, distribute, publicly perform, display, in any form, any content or data contributed by users, including for commercial purposes. We do not claim any ownership to this content, you retain ownership of all content you provide.

You acknowledge and agree that ACM can use this content data (“usage data”, “anonymous data” or “aggregate data”) information which cannot be used to identify a person but can be used to analyse overall trends and patterns. Aggregate information is anonymous information that is grouped together to generate statistics which may then be used to produce statistical research and reports. For example, counting how many members per area, or calculating the average number of crimes per town, are both forms of aggregating data. Aggregate information never identifies the individual.

This licence excludes personally identifying information such as names, address, telephone numbers or email address. ACM takes your privacy seriously and we are committed to protecting all your information.

Data anonymisation and use of aggregated information

Your data may be converted into statistical or aggregated data in such a way as to ensure that you are not identified or identifiable from it. Aggregated data cannot be linked back to you as a natural person. We may use this data to conduct research and analysis, including to produce statistical research and reports.

Breach of this policy

When we consider that a breach of our terms has occurred, we may take such action as we deem appropriate. Failure to comply with our terms constitutes a material breach of the terms of use upon which you are permitted to use our website, and may result in our taking all or any of the following actions:

  • Issue of a warning to you.
  • Immediate, temporary or permanent withdrawal of your right to use our site.
  • Immediate, temporary or permanent removal of any Contribution uploaded by you to our website.
  • Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal and accounting costs) resulting from the breach.
  • Further legal action against you.
  • Disclosure of such information to relevant authorities as we reasonably feel is necessary or as required by law.
  • We exclude our liability for all action we may take in response to breaches of this Terms of use policy. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.

Disclaimers

We are trying to build a great Website and Service for you, but we can't promise it will be perfect. Therefore, we cannot be held liable for various things that could go wrong as a result of your use of the website or services.

ACM will strive to prevent interruptions to the website and services. However, these are provided on an “as-is” and “as-available” basis, and we do not warrant, either expressly or by implication, the accuracy of any materials or information provided through the website or service, or their suitability for any particular purpose. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to warranties of merchantability or fitness for a particular purpose, or non-infringement. We do not make any warranty that the services will meet your requirements, or that it will be uninterrupted, timely, secure, or error-free, or that defects, if any, will be corrected. You acknowledge that you access the website and services at your sole risk and discretion.

ACM will attempt to make the Service available at all times. However, the Service may be subject to unavailability for a variety of factors beyond our control. We are not responsible for data, messages, or pages lost, not delivered, delayed, or misdirected because of interruptions or performance issues with the Service, communications services, or networks. We may impose usage or Service limits, suspend Service, terminate accounts, or block certain kinds of usage in our sole discretion to protect Subscribers or the Service. The accuracy and timeliness of data received is not guaranteed; delays or omissions may occur, third party-service failures; load shedding or transmission, equipment, or network problems or limitations, interference, or signal strength; and may be interrupted, refused, limited, or curtailed.

Limitations of Liability

ACM or My Bua PTY LTD shall not be liable and shall not have responsibility of any kind to any subscriber or user for any loss or damage that you incur in the event of:

  1. any failure or interruption of the Website or Service;
  2. any act or omission of any Third Party involved in making the Website or Service or the data contained therein available to you;
  3. any other cause relating to your access or use, or inability to access or use, any portion of the Website or its Content;
  4. your interactions on the Website or Service;
  5. your failure to comply with this Agreement;
  6. the cost of procurement of substitute goods or services; or
  7. unauthorised access to or alteration of your transmissions or data, whether or not the circumstances giving rise to such cause may have been within the control of ACM or of any vendor providing software, services, or support for the Website or Service.

In no event will ACM, its partners, affiliates, subsidiaries, members, officers, or employees be liable for any direct, special, indirect, consequential, or incidental damages, or for any other loss or damages of any kind, even if they have been advised of the possibility thereof. The foregoing shall not apply to the extent prohibited by applicable law.

Indemnification

You agree to indemnify, defend, and hold harmless ACM or My Bua (Pty) Ltd, its officers, directors, employees, members, partners, agents, and suppliers, and their respective affiliates, officers, directors, employees, members, shareholders, partners, and agents, from any and all claims and expenses, including attorneys’ fees, arising out of your use of the website, content, Services and or products, including but not limited to your violation of this Agreement. We are not responsible for anyone else’s website or the content they provide.

Final Provisions

If any provision in this Agreement is held invalid or unenforceable, that provision shall be construed in a manner consistent with applicable law to reflect the original intent of the provision, and the remaining provisions of this Agreement shall remain in full force and effect. Any failure to exercise or enforce any right or the provision of this agreement shall not constitute a waiver of such right or provision.

Enquiries

If you have any questions about our terms and conditions or privacy policy

Contact us on email

(Please allow up to 7 working days for a response)