TERMS AND CONDITIONS

For the use of the pages of Digital on Demand (PTY) Ltd. ta/ Print on Demand at printondemand.co.za
Status: 01/09/2023

1. SCOPE OF THE TERMS OF USE

1.1) The following terms of use apply to the websites operated by Digital on Demand (PTY) Ltd ta/Print on Demand, 5 Koets Road, Parow Industria, Cape Town, 7493 (hereinafter “POD”), at www.printondemand.co.za (hereinafter the “POD websites”). By using the POD websites or the POD services, the user declares that he agrees to the validity of the terms of use between him and POD.

1.2) “Contents” in the sense of these terms of use include in particular any type and form of texts, materials and media, such as. B. Articles, images, photos, covers, documents, logos, trademarks, graphics, fonts and software as well as digital downloads, files, data and data collections. However, the provisions of these terms of use do not apply to customer content for which a separate contract (e.g., author and book contract) is concluded between the customer and POD (hereinafter “works”).

2. ACCESS, CUSTOMER ACCOUNT, POD SERVICES, OTHER CONTRACTS

2.1) POD offers all users the opportunity to call up the content on the POD websites free of charge, to request information material and to subscribe to newsletters.

2.2) For the use of certain services offered by POD on the POD websites, registration and if necessary, the creation of a customer account is required. For this the user needs an email address and a password of his own choosing. Registering and setting up a customer account on www.bookof1.online is only possible after accepting these terms of use.

2.3) People who have not yet reached the age of 18 are not allowed to set up a customer account.

2.4) Upon registration, a free contractual relationship is created between POD and the registered user (hereinafter referred to as “customer”), which is based in particular on the provisions of these terms of use.

2.5) The customer has the option of using the following POD services (hereinafter collectively “POD Services”): a) to commission a publication of their works at www.printondemand.co.za <http://www.printondemand.co.za> to commission a printing service for your works, to order books and to commission authoring services; b) to publish your own contributions (opinions and testimonials) at www.printondemand.co.za <http://www.printondemand.co.za> which the user gives express permission to use in any marketing materials; c) to purchase printed matter and submit content-related evaluations;

2.6) In some cases, POD services, which are also subject to a charge, may require the conclusion of further contracts, which are displayed to the customer in the respective order process and which the customer concludes there separately. The provisions of these separately concluded contracts take precedence over the provisions of these Terms of Use, as they deviate from the provisions of these Terms of Use.

3. RIGHTS AND OBLIGATIONS OF CUSTOMERS, LICENSE, INDEMNIFICATION

3.1) The customer undertakes not to provide any false or ambiguous information about his person and, in particular, not to register under a false identity. Changes to the registration data must be reported to POD immediately in writing (by post or by email to the contact details given in section 5.2).

The customer’s registration data can be viewed and updated on his customer account.
3.2) The customer ensures the confidential treatment of the username and password for his customer account. The customer is responsible to both POD and third parties for their use. The customer will inform POD immediately in the event of unauthorized use of his username or password.

3.3) Each customer is responsible for the content posted by him on the POD website.

3.4) The customer undertakes not to post any content on the POD websites that a. advertising disguised as posts counts; b. do not have any content-related reference to POD or the services provided by POD; c. have a content-related reference to products or services of POD’s competitors, especially if there are negative comments about competitors; d. unobjective, untrue, insulting, defamatory, degrading, defamatory, racist, inhuman, morally offensive, obscene or pornographic or violating the privacy of a third party or in any other way violating the law or fulfilling a criminal offense; e. Violate the rights of third parties, in particular patents, copyrights, trademarks, ancillary copyrights, trademarks, and/or personal rights; f. contain viruses or other computer programs that impair the functionality of third-party computers; g. Are surveys, chain letters, or bulk mailings; h. serve the purpose of collecting, storing, or using personal data from users, in particular for business purposes; and/or i. serve to spread a political, ideological, or religious creed.

3.5) The customer guarantees to POD and ensures that he has all rights at all times with regard to the content posted by him on the POD website.

3.6) POD is not liable for the correctness, quality or completeness of the content posted by customers. The publication of content written by customers does not constitute an expression of opinion by POD, in particular, POD does not adopt this content as its own.

3.7) By posting content on POD websites by the customer, this POD grants the unlimited, irrevocable, non-exclusive and free right to worldwide use and exploitation of this content (license). This includes, in particular, the right to edit, change, further develop, combine, produce derivative works, reproduce, duplicate, transmit, pass on, publish, make publicly available as well as transfer the rights of use to third parties and sub-licensing to third parties, each without any claim to remuneration and independently whether this is for commercial, non-commercial, or other purposes. The customer is entitled to publish the content he has posted elsewhere.

3.8) The customer releases POD from all claims that third parties assert against POD based on the content posted by the customer on a POD website (e.g., contributions written by the customer). The legal defense against such claims is reserved to POD. The customer supports POD in defending against such claims, in particular by providing all information required for defense in a suitable form. The customer is obliged to compensate for the damage that POD incurs as a result of claims by third parties. This also includes the reasonable costs of legal defense and prosecution.

4. PRIVACY

All information and data communicated by the customer to POD during the registration process or later, as well as all other information, data, and materials that the customer may provide to POD, are subject to the data protection rules of the POD. The current version of these data protection rules is available at www.printondemand.co.za/data-protection http://www.printondemand.co.za/data-protection

5. CUSTOMER INFORMATION, NEWSLETTER

5.1) POD regularly sends the customer current information about the POD services, if necessary, by email, telephone, as a newsletter or in another form, provided that the customer has consented to this.

5.2) The customer can unsubscribe from the e-mail newsletter by clicking on the link provided in the newsletter e-mail. In all other cases, the customer can send a message with his objection stating what it relates to, either by e-mail at sales@printondemand.co.za or by post to: Digital on Demand (PTY) Ltd ta/ Print on Demand 5 Koets Road, Parow Industria, Cape Town, 7493.

6. COPYRIGHTS, TRADEMARKS, AND OTHER INTELLECTUAL PROPERTY RIGHTS

6.1) The contents published on POD’s website are protected by intellectual property rights or industrial property rights, such as B. copyrights, moral rights, trademark, and trademark rights, as well as protected by other rights.

6.2) Users of the POD websites and/or customers may not reproduce, copy, publish, send, record, transmit, or edit the content of the POD websites, either in whole or in part, online or in any other way, and especially without the prior written consent of POD does not use or exploit for commercial or commercial purposes (e.g., advertising).

6.3) Any reproduction of the content of POD websites, whether in whole or in part, requires the prior written consent of POD and must be clearly marked by the user or customer with the following copyright symbol: “© Digital on Demand (PTY) Ltd ta/ Print on Demand”.

7. WARRANTY, LIABILITY

7.1) POD does not guarantee the uninterrupted availability of the POD services and can use a freely defined period of time for technical work.

7.2) Claims of the customer against POD for damages are excluded. This does not apply to a. Claims for damages by the customer from injury to life, limb, health and from the breach of essential contractual obligations (cardinal obligations) and b. liability for other damages based on an intentional or grossly negligent breach of duty by POD, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.

7.3) In the event of a breach of essential contractual obligations, POD is only liable for typical, foreseeable damage if this was caused by simple negligence. The limitation of liability regulated in the previous sentence does not apply if the customer claims for damages resulting from injury to life, limb or health.

7.4) The limitations of liability in Sections 7.2 and 7.3 also apply in favour of the legal representatives and vicarious agents of POD if claims are asserted directly against them.

7.5) All exclusions or limitations of liability, exemptions, and other exclusions in these terms of use continue to apply even after the same.

8. TERMINATION AND SUSPENSION OF THE CUSTOMER ACCOUNT

8.1) POD reserves the right to remove content posted by customers from the POD websites without giving reasons.

8.2) POD reserves the right to suspend, limit or terminate the customer’s customer account or access to the POD websites at any time without prior notice and at its own discretion if the customer violates these terms of use or there is reasonable suspicion of a violation or if the use of the POD websites, the content or the POD services by the customer could damage the systems or other technical facilities of POD. In addition, breach of these Terms of Use may constitute a criminal offense of fraud and lead to civil actions and claims for damages, as well as criminal prosecution.

8.3) If a customer violates one of the obligations of the customer named in these terms of use, or despite a warning, POD reserves the right to permanently withdraw the right to use the POD services from the customer. The assertion of claims for damages remains unaffected.

8.4) Other contractual relationships between the customer and POD, in particular from author contracts, publishing contracts and/or book contracts, remain unaffected in the event of termination of the customer account and/or access to the POD websites and/or the use of the POD websites.

9. CHANGES TO THE TERMS OF USE.

The current terms of use of POD apply. The current terms of use can be viewed at
www.printondemand.co.za Terms of use can be updated without prior notification.

10. ELECTRONIC COMMUNICATION

The customer agrees that POD can submit and transmit legally relevant declarations to the customer by e-mail, fax, or letter to the current e-mail address or fax number or postal address stored in his customer account.

11. OTHER

These terms of use and all disputes arising from or in connection with the use of the POD websites and the POD services are subject to South African law. This does not affect the mandatory provisions of the country in which the user or customer has his habitual residence. POD is not obliged and unwilling to take part in dispute settlement proceedings before a consumer arbitration board. If the user or customer is a merchant, the place of jurisdiction for disputes arising from or in connection with the use of the POD websites and POD services is Cape Town.