THESE TERMS OF SERVICE (“TERMS”) ARE EFFECTIVE AS OF: 01 JULY 2019
PLEASE READ THESE TERMS OF SERVICE (“TERMS”) CAREFULLY BEFORE USING THE WEBSITE, PAYMENT PORTAL, OR MEMBER-ONLY PLATFORM. YOUR USE OF ANY PART OF THE CIVITAS NETWORK INDICATES THAT YOU HAVE READ AND ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, YOU MUST IMMEDIATELY STOP USING THE WEBSITE, PAYMENT PORTAL, AND MEMBER-ONLY PLATFORM. THESE TERMS APPLY TO ALL USERS, INCLUDING VISITORS, FORM SUBMITTERS, AND MEMBERS, UNLESS OTHERWISE STATED.
These Terms operate in addition to any specific agreements (e.g., membership agreements). In case of conflict, the specific agreement prevails to the extent of the inconsistency, subject to the Consumer Protection Act, 2008 (CPA).
1.1. Scope: These Terms govern your use of the Civitas Network, which includes:
1.2. Definitions: “User” means any individual or entity using the Civitas Network, including:
1.3. Acceptance: By using any part of the Civitas Network, you agree to these Terms, including the use of your data for marketing, remarketing campaigns, and lead generation, as outlined below.
1.4. Minors: Users under 18 may access non-sensitive public content (e.g., blogs) with parental consent, as required by the Protection of Personal Information Act, 2013 (POPIA) Section 35. Minors may not use the payment portal or member-only platform.
2.1. Ownership: Civitas Network and/or its licensors own all intellectual property rights in the website, payment portal, and member-only platform content, including blogs, resources, and member-only materials, protected under the Copyright Act, 1978.
2.2. User License: You are granted a non-exclusive, non-transferable, revocable license to access and view public content (e.g., blogs, resources) and member-only content (e.g., deals, events) for personal, non-commercial purposes, subject to these Terms and the Copyright Act, 1978.
2.3. User Content Ownership: Content you submit (e.g., form data, profile information) remains your property, subject to the limited license in Section 4. You may not reproduce, distribute, or submit explicit, obscene, or offensive content on any part of the Civitas Network.
3.1. Prohibited Activities: You may not:
3.2. Access Restrictions: Certain areas (e.g., member-only platform) are restricted to authorized members. The Company may further restrict access at its discretion. User IDs and passwords are confidential, and you must maintain their security.
4.1. Definition: “User Content” includes any data submitted through forms (e.g., names, business names, contact numbers, email addresses, city, business data) or profile information on the member-only platform.
4.2. License: By submitting User Content, you grant Civitas Network a non-exclusive, revocable license to use, reproduce, and display such content for marketing, lead generation, remarketing campaigns, and member-only platform operation, subject to POPIA and the Copyright Act, 1978.
4.3. Content Standards: User Content must be your own, not invade third-party rights, and not include explicit, obscene, or offensive material. The Company may remove non-compliant content without notice.
4.4. Disputes: You may dispute content removal by contacting info@civitas.network. The Company will review disputes within 14 days, in accordance with South African law.
5.1. Data Collection: The Company collects personal information (e.g., names, business names, contact numbers, email addresses, city, business data, payment details, profile information) through forms, the payment portal, and the member-only platform for marketing, lead generation, remarketing campaigns, and membership services, in compliance with POPIA Sections 18 and 19.
5.2. Consent: By submitting personal information, you consent to its use for remarketing campaigns, lead generation, and membership services, as permitted by POPIA Section 69 and ECTA Section 50. You may contact info@civitas.network to withdraw consent or exercise POPIA rights (e.g., access, correction, objection) under Section 5.
5.3. AI Processing: Non-personal data may be processed by artificial intelligence systems under POPIA-compliant operator agreements (Section 21) to enhance functionality (e.g., analytics, user experience). Personal information, as defined by POPIA, is never stored outside the Company’s secure database.
5.4. Third-Party Access: Third parties (e.g., Google Analytics, Hotjar, Typeform) may have view-only access to User data for analytics or marketing under strict POPIA-compliant agreements, with no transfer of ownership.
5.5. Data Security: Payment details and personal information are processed securely, per ECTA Section 42 and POPIA Section 19. In the event of a data breach, the Company will notify affected Users and the Information Regulator within 72 hours, per POPIA Section 22.
5.6. Contact: For data-related inquiries, contact info@civitas.network.
6.1. Subscriptions: The payment portal enables Users to enter payment card details for month-to-month recurring membership subscriptions, granting access to the member-only platform for content, deals, member lists, events, and profile management. Subscriptions are processed securely, per ECTA Section 42 and POPIA Section 19.
6.2. Cancellation: Users may cancel subscriptions at any time before the next billing date by contacting accounts@civitas.network, or by logging this request in the Civitas payment portal. Cancellation takes effect at the end of the current billing period, per CPA Section 44 and ECTA Section 43.
6.3. Cooling-Off Period: Users may cancel subscriptions within 5 business days of the initial transaction for a full refund, as required by CPA Section 44, by contacting success@civitas.network. The cooling-off period does not apply to subsequent renewals.
6.4. Refunds: Refunds for cancellations outside the cooling-off period are granted at the Company’s discretion on a case-by-case basis. Users may request a refund by contacting accounts@civitas.network. The Company will review requests within 14 days, per CPA Section 44 and ECTA Section 43.
6.5. Member Conduct: Users may not share member-only content, member lists, or event details externally, nor submit explicit, obscene, or offensive profile content, per the Copyright Act, 1978 and Cybercrimes Act, 2020.
6.6. Profile Management: Users are responsible for maintaining accurate profile information and securing account credentials. The Company is not liable for unauthorized access due to User negligence, per CPA Section 51.
6.7. Liability: The Company is not liable for payment processing errors or member-only platform downtime, except where caused by gross negligence, per CPA Section 51 and ECTA Section 43.
7.1. Third-Party Tools: The Civitas Network uses third-party tools (e.g., Google Analytics, VWO, Webflow, Typeform, Microsoft Clarity, Hotjar) for analytics, form management, and website operation. Users assume risks of data processing by these tools, subject to CPA and ECTA protections.
7.2. Links: The Website may contain links to third-party websites. The Company is not liable for losses caused by third-party websites or tools, except where mandated by CPA Section 51 or ECTA Section 43.
8.1. The Civitas Network is provided “as is,” with no warranties, subject to CPA and ECTA consumer rights. The Company does not warrant uninterrupted functionality of the website, payment portal, member-only platform, remarketing campaigns, or third-party tools.
8.2. The Company cannot guarantee that files downloaded from the Website are free of viruses. Users are responsible for implementing security measures to protect their devices.
9.1. Limitation of Liability: The Company, its officers, directors, and employees are not liable for any damages arising from use of the Civitas Network, including payment errors or platform downtime, except where caused by gross negligence, per CPA Section 51 and ECTA Section 43.
9.2. Indemnification: Users indemnify the Company for losses due to misuse of the Civitas Network, including submitting explicit content or violating these Terms, subject to CPA Section 48. The Company will indemnify Users for direct losses caused by its gross negligence.
9.3. Maximum Liability: To the extent permitted by law, the Company’s maximum liability is limited to the minimum amount imposed by applicable law.
10.1. If any provision of these Terms is invalid under South African law, it will be deleted without affecting the remaining provisions.
11.1. The Company may revise these Terms by posting updates on the Website and notifying Users via email, with changes effective 7 days after notification, per CPA Section 49 and ECTA Section 43. Continued use constitutes consent to the updated Terms. If you disagree, you must stop using the Civitas Network.
12.1. The Company may assign, transfer, or subcontract its rights/obligations under these Terms without notification. Users may not assign their rights/obligations without the Company’s written consent.
13.1. These Terms, along with the Privacy Policy and any specific agreements, constitute the entire agreement between the Company and Users, unless otherwise stated, subject to CPA and ECTA.
14.1. These Terms are governed by the laws of South Africa. Disputes will be resolved through arbitration in Johannesburg under the Arbitration Foundation of Southern Africa (AFSA) rules, subject to CPA and ECTA consumer rights.
15.1. Company Domicilium: Civitas Network, 145 Second Street, Parkmore, Johannesburg 2196, email: info@civitas.network.
15.2. User Domicilium: The address or email provided in form submissions, payment portal, or member-only platform profiles. For non-members, notices will be sent to the email provided in communications.
15.3. Notices: Notices must be in writing, delivered or sent by email, and are deemed received on the date of delivery or email transmission, per ECTA.
15.4. Address Changes: Either party may change their domicilium by providing 7 days’ written notice to the other.
Contact: For inquiries, contact info@civitas.network.
