LAST UPDATED: 3 DEC 2023
Welcome to Bumbuntu. We want to help you connect with people, expand your social circle in Cape Town, and explore everything Cape Town has to offer. We are constantly working on improving our service, and the experience of our members is our top priority. We also customise our platform and activities for you based on the information you provide us and your use Bumbuntu (e.g. your interests or past Bumbuntu meetups, activities, sport lessons, hikes and events you visited). This allows us to recommend experiences we believe you will find relevant, useful and interesting. Your comfort, safety, and trust in our community are the things we care most about, and we will never compromise that. We understand that joining a community and service of this nature is a “first” for many of you. Therefore, every decision we make comes from our desire to provide you the experience you have hoped this would be. Should you ever have any questions regarding these Terms of Use, your application, membership, or any other aspect of our Service, please feel free to contact us at hello@bumbuntu.com.
Bumbuntu (“Bumbuntu”, “the Company”, “we,” “us,” “our”) provides its platform built on Circle, website (accessible at the domain name bumbuntu.com and any subdomains), and related services, including, but not limited to, those related to meetups, activities, sport lessons, hikes and events or experiences you visited (collectively an “Experience”), venues, locations and other online and in-person interactions (collectively, the “Service”) to its Users (“Members”), subject to the following Terms of Use (‘Terms’ or ‘Terms of Service’). The Experiences are designed for individuals to meet new people and join meetups, activities and events. These Terms of Service constitute an agreement establishing the legally binding terms you must accept to use the Service. By submitting an application to Bumbuntu, creating a Bumbuntu account on Circle, RSVPing or attending an event, or otherwise using the Service in any manner whatsoever, you agree to be bound by these Terms of Service, our Privacy Policy, our Community Guidelines, and any additional terms that apply to you at all times. IF YOU DO NOT AGREE, OR YOU DO NOT HAVE THE AUTHORITY TO ACCEPT THESE TERMS, YOU MUST NOT USE THE SERVICE. We reserve the right to, in our sole discretion, change or modify these Terms of Use at any time. Each time that we do so, we will indicate at the top of this page the date of the most recent version. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service. You should regularly check this page for updates. If you do not agree to any changes to these Terms that we may make, do not use the Service. In addition, you may close your account by contacting us at: hello@bumbuntu.com. Where we provide any services to you under these Terms, we will always do so with reasonable skill and care. Please note, although we provide the Service so that individuals may connect and enjoy Experiences, we are not responsible for the Experiences themselves, or any consequences of hosting or attending an Experience arranged through the Service. For more details, please see section Disclaimers. NOTICE REGARDING DISPUTE RESOLUTION FOR THE U.S. USERS: THIS NOTICE IS APPLICABLE TO U.S. USERS ONLY (A) A U.S. CITIZEN; (B) A PERSON THAT RESIDES IN THE U.S.; (C) A PERSON THAT IS ACCESSING THE BUMBUNTU PLATFORM BUILT ON CIRCLE FROM THE U.S. (U.S. USER), THESE TERMS CONTAIN PROVISIONS THAT GOVERN HOW CLAIMS YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING AN OBLIGATION TO ARBITRATE DISPUTES, WHICH WILL, SUBJECT TO LIMITED EXCEPTIONS, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING ARBITRATION, UNLESS YOU OPT-OUT. UNLESS YOU OPT-OUT OF ARBITRATION: (A) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST US ON AN INDIVIDUAL BASIS, NOT AS PART OF ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AND (B) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.
In order to gain access to the service, prospective users will be asked to complete an application form, with accepted users being offered membership and access to the service (including Experiences) for a fee to be paid via the payment system. All applications will be considered; however, we have complete control and discretion regarding who is granted membership to the service. Those who are not granted access will be placed on our waitlist, which is continually reviewed for additional applicants to be admitted. We only select community members who we believe will adhere to our code of conduct and respect the privacy of our members – and who have agreed to do so pursuant to these Terms. We periodically review our community and remove members who are not acting in accordance with our code of conduct or the below Terms or who are otherwise engaging in disrespectful, inappropriate or improper behavior. If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted or requested. Application data and certain other information about you are governed by our Privacy Policy. When you apply to the Service (by filling out and submitting the application form via Bumbuntu’s website or any other service (e.g. Meetup) or use the Service, you automatically agree to both these Terms and our Privacy Policy. You should not submit your application or continue using the service should at any time you disagree with the Terms and Privacy Policy. Upon acceptance as a member, applicants will be required to select a payment option. Membership payments automatically renew until canceled via Circle. In addition to membership fees, users have the ability to buy additional Bumbuntu services, such as but not limited to Experiences, Events or Trips. Any such purchases will also be paid via the payment platform and are subject to the Terms. We reserve the right to raise or lower the cost of our membership fees, additional Services and other charges, and to create additional tiers or types of membership, at any time. We do not offer refunds for any reason other than as set forth in the Terms of Use.
Upon joining the Service, you will be responsible for maintaining the confidentiality of your password and account, the accuracy of your information, and will be fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Bumbuntu of any unauthorized use of your password or account or any other breach of security, (b) keep your information current and accurate at all times, and (c) ensure that you exit from your account at the end of each session when accessing the Service. In addition to the disclaimers and limitations set forth below, Bumbuntu will not be liable for any loss, injury or other damage arising from your failure to comply with this Section.
You are not permitted to access or use the Service unless you are at least 18 years old. By using our Service (Bumbuntu platform built on Circle, Experiences and otherwise any other Bumbuntu products), you confirm that you are at least 18 years old. Access to our Service is permitted on a temporary basis. We may suspend, withdraw, discontinue, or change all or any part of the Service without notice. We will not be liable to you if for any reason our Service is unavailable at any time or for any period. You are responsible for making all arrangements necessary for you to have access to the Service. You are also responsible for ensuring that all persons who access the Service through your internet connection and/or devices are aware of these Terms, and that they comply with them. We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Service subject to these Terms, our Privacy Policy, Community Guidelines, and other policies, and applicable law. Using Bumbuntu’s platform built on the Circle App requires that we initially download software to your computer, phone, tablet, or other device. You agree that we may automatically update that software, and that these Terms and our policies will apply to any updates.
These Terms of Use will remain in full force and effect while you use the Service or have a Bumbuntu account. You may terminate your account at any time, for any reason, by sending a message to hello@bumbuntu.com or cancel you membership in Circle. Likewise, Bumbuntu may, in its sole discretion, suspend or terminate your account or your access to any part of the Service without notice, and remove and discard any content within the Service, for no reason or for any reason whatsoever, including, without limitation,
Bumbuntu may also, in its sole discretion and without notice, discontinue providing the Service or any part thereof. You agree that any termination of your account or access to the Service under any provision of these Terms of Use may be effected at any time without prior notice, and you acknowledge and agree that upon such termination Bumbuntu may immediately deactivate or delete your account and all related information and files in your account or bar any further access to such files or the Service. The same discretion may be used to prohibit your access to Bumbuntu Experiences. Further, you agree that payment of all membership fees is final and non-refundable. If we suspend or terminate your rights to use the Bumbuntu platform on Circle and Service: you must stop all activities authorised by these Terms, including your use of the Bumbuntu platform on Circle (and any Content), Experiences and any other parts of Bumbuntu service; you must delete or remove yourself from the Bumbuntu platform on Circle and we shall be entitled to remotely remove access to the Bumbuntu platform on Circle from your devices and cease providing you with access to the Bumbuntu platform. Bumbuntu will not provide any refunds for prepaid membership or Experiences fees or unused experiences that are a part of the membership fee. Bumbuntu will not be liable to you or any third party in connection with any such termination. By using the Service you acknowledge and agree that certain features, products, events, and other aspects of the Bumbuntu platform on Circle and, more generally, the Service, are not available to all users. By way of example, use of the Bumbuntu platform on Circle is only available to members, but certain aspects of the Service, such as those related to events, may be available to non-members. Further, certain features and updates within Bumbuntu platform on Circle are frequently beta tested among a small portion of our user and other more permanent features are made available only to certain segments of our users based on their location, preferences, use of the Bumbuntu platform build on Circle, and other factors. At our sole discretion, you may be eligible for the refund of an Experience that is paid for separately from your membership fee, should you notify Bumbuntu team about the termination at hello@bumbuntu.com (official email address) in ample time (at least 72 hours in advance of the Experience).
The Service is for personal use only. You may not use the Service or any content contained in the Service (including, but not limited to, content of other users, designs, text, graphics, images, video, logos, software, and computer code) in connection with any commercial endeavors, such as promotion of a business, or advertising or soliciting any user to buy or sell any products or services not offered by the Company. Users of the Service may not use any information obtained from the Service to contact, advertise to, solicit, or sell to any other user without his or her prior explicit consent. Organizations, companies, and/or businesses may not use the Service for any purpose except with Bumbuntu express consent, which consent may be withheld in our sole discretion.
After we receive a membership fee from you, you will be permitted to choose and attend our Experiences according to your membership tier. For some experiences Bumbuntu shall have full discretion over the selection of Users including the overall number of accepted Users. We do not guarantee that you will be selected for any given Experience.We, or an organizer of the Experience (“Host”), may require additional verifications or other information from you prior to selecting you to participate in the Experience. If any information you provide is incomplete or inaccurate, you may not be able to participate in the Experience.When attending an Experience, you must act with respect towards other Users. In particular, you must not do anything that is not permitted under applicable local, national or international law or regulation; act in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect; harm or attempt to harm any User, or any other adult, child, or animal, in any way; or bully, insult, intimidate or humiliate any User or other person.We reserve the right to limit, change or cancel any Experience where we have a reason for doing so, at our sole and absolute discretion, even after you have submitted a Request or attempted to redeem your Experience. If this happens, we will do our best to notify you in advance via our official channels (Via our platform in Circle, Instagram, or email) if it is possible for us to do so. If we cannot notify you in advance, we will provide a written explanation for the limitation, modification, or cancellation within a reasonable time thereafter.
The following are types of content you will encounter through your use of the platform via the Bumbuntu platform build on Circle: “Bumbuntu Content” means any content published or made available by us through the platform (as well as any emails, chats, our notifications, and any other channels); and “User Content” means content provided by other Users of the Service, including messages from members and feedback or comments provided by Attendees.
Bumbuntu Content and User Content are together known as the “Content”. You are permitted to use the Content as part of your use of the Service in accordance with these Terms.We are the owner or licensee of all intellectual property rights in the Bumbuntu Content and the Bumbuntu platform on Circle. You have no intellectual property rights in, or to, the Bumbuntu Content and the Bumbuntu platform on Circle other than the right to use them in accordance with these Terms. We may update the Bumbuntu platform on Circle and the Bumbuntu Content from time to time. If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using Bumbuntu platform on Circle.All User Content on the Bumbuntu platform on Circle is owned by the relevant User or their respective licensors and may be protected by copyright laws around the world, which include the author’s right to be identified as the author. Nothing in these Terms is intended to affect such rights.You are solely responsible for the content and information that you post, upload, publish, link to, transmit, record, display or otherwise make available (collectively, “post”) on the Service or transmit to other users, including, but not limited to, messages, videos, music, photographs, or text, whether publicly posted or privately transmitted (collectively, “User Content”). You may not post as part of the Service, or transmit to the Company or any other user (either on or off the Service), any offensive, inaccurate, misleading, abusive, obscene, profane, threatening, intimidating, harassing, racially offensive, exploitive, or illegal material, or any material that infringes or violates another person’s rights (including intellectual property rights, and rights of confidentiality, privacy and publicity). You represent and warrant that (i) all information that you submit upon creation of your account, including information submitted from your account on Social Networking Services, is accurate and truthful and that you will promptly update any information provided by you that subsequently becomes inaccurate, incomplete, misleading or false and (ii) you have the right to post the Content on the Service and grant the licenses set forth below. You understand and agree that the Company may, but is not obligated to, monitor or review any Content you post as part of a Service. The Company may delete any Content, in whole or in part, that in the sole judgment of the Company violates these Terms of Use or may harm the reputation of the Service or the Company. By posting Content as part of the Service, you grant to Bumbuntu worldwide, transferable, sub-licensable, royalty-free, right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify and distribute the Content. This license is for the limited purpose of operating, developing, providing, promoting, and improving the Service and researching and developing new ones. The Company reserves the right, in its sole discretion, to investigate and take any legal action against anyone who violates this provision, including removing the offending communication from the Service and terminating or suspending the account of such violators. Your use of the Service, including all Content you post through the Service, must comply with all applicable laws and regulations. You agree that the Company may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce these Terms of Use; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service or allow you to use the Service in the future; or (v) protect the rights, property or personal safety of the Company or any other person. You agree that any Content you place on the Service may be viewed by other users and may be viewed by any person visiting or participating in the Service (such as individuals who may receive shared Content from other Bumbuntu users). You further grant us and our affiliates, agents, services providers, partners and other connected third parties a royalty-free license to use your user name, image, and likeness to identify you as the source of any of your User Content.
Users authorize Bumbuntu to use any photographic image and/or video footage that portrays them if carried out in the context of an Experience, without prejudice to the right to revoke this authorization by means of written communication.The Users also irrevocably authorize Bumbuntu to use all the Contents and every part or element thereof, without any restriction, worldwide, in perpetuity and in any case for the entire duration of the legal protection as sanctioned in every country in the world. By way of example but not limited to, the aforementioned authorization also includes the right to: publish, disseminate, communicate to the public and make it available to the public so that everyone can have access to it at the time and place chosen individually, in whole or in part, with any means and / or technology and with any modality (including interactive ), currently known and / or developed in the future, the Contents through the Bumbuntu platform build on Circle or any other Bumbuntu public channel (for example Instagram); for the purposes of the above, reproduce and modify the Contents in any way or form to comply with the technological constraints imposed by the operating methods of the chosen distribution channel or the Bumbuntu platform build on Circle The above rights are understood to be granted on a non-exclusive basis and therefore the User remains entitled to use the same Contents in any form and manner.
The Company reserves the right to investigate, suspend or terminate your account if you misuse the Service or act in a way the Company regards as inappropriate, improper, unlawful, or not in conformance with the values and mission of the Company, including actions or communications that occur outside of the Service. Such inappropriate, improper and unlawful behavior includes, but is not limited to: (i) emailing or otherwise uploading any Content prohibited by these Terms of Use; (ii) interfering with or disrupting the Service or servers or networks connected to the Service, or disobeying any requirements, procedures, policies or regulations of networks connected to the Service; (iii) violating any applicable local, state, national or international law, or any regulations having the force of law; (iv) harassing, intimidating, abusing, bullying, exploiting, threatening, or stalking others; (vi) disclosing the identity of any user; (vii) taking screenshots or otherwise copying, disclosing or sharing content from the Bumbuntu platform build on Circle; (viii) impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity; (ix) soliciting personal information from anyone under the age of 18; (x) soliciting payment from any user; (xi) harvesting or collecting email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications; (xii) promoting, marketing, advertising or offering to sell or buy any goods or services for any business purpose that is not specifically authorized; (xiii) interacting with others in an aggressive, disrespectful, distasteful or otherwise improper way, as determined in Bumbuntu’s sole discretion, (xiv) making any statement, whether by posting of content or otherwise, that is hate speech, threatening, racist, pornographic, sexually explicit, libelous, defamatory, promoting violence or weapons, commercial in nature, or otherwise deemed improper in Bumbuntu’s sole discretion; (xiv) furthering or promoting any criminal activity or enterprise or providing instructional information about illegal activities; (xv) obtaining or attempting to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service; (xvi) misrepresenting your identity, status, qualifications or affiliations; and (xvii) disclosing information that you do not have the right to disclose.
You also agree that you will not: make the platform build on Circle or any Content available in any form, in whole or in part, to any other person without prior written consent from us; make commercial use of the Bumbuntu platform build on Circle or any Bumbuntu Content or content from other users of Bumbuntu Service; remove, hide, or change any copyright, patent, trade mark or other proprietary rights notices affixed to the platform build on Circle or any Bumbuntu Content or content from other users of Bumbuntu Service; copy the platform build on Circle or any Bumbuntu Content or content from other users of Bumbuntu Service, except as part of the normal use of the platform build on Circle or where it is necessary (and permitted by law) for the purpose of back-up or operational security; translate, merge, adapt, vary, alter, or modify, the whole or any part of the platform build on Circle, nor permit the platform build on Circle or any part of it to be combined with, or become incorporated in, any other programs, except as necessary to use the platform build on Circle as permitted in these Terms; disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the platform build on Circle nor attempt to do any such things, nor otherwise attempt to derive the source code from or create derivative works based on the platform build on Circle, or integrate the platform build on Circle with other computer systems or programs, except to the extent that such actions cannot be prohibited by applicable law.
Under no circumstances will Bumbuntu be liable in any way for any User Content or other content or materials of any third parties (including by users), whether posted on the Bumbuntu platform build on Circle or otherwise, including, but not limited to, in connection with any errors or omissions in any such content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Bumbuntu does not pre-screen content, but that Bumbuntu and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, Bumbuntu and its designees will have the right to remove any content that violates these Terms of Use or is deemed by Bumbuntu, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.Third Party Websites. The Service may provide, or third parties may provide, links or access to other sites and resources on the internet. Bumbuntu has no control over such sites and resources and Bumbuntu is not responsible for and does not endorse such sites and resources. You acknowledge and agree that Bumbuntu will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that Bumbuntu is not liable for any loss or claim that you may have against any such third party. Bumbuntu is also not responsible for the privacy policies or practices adopted on other websites. When a User of Bumbuntu clicks on a link that directs to another site or app, the User is responsible for reading the privacy policies of that site or the Bumbuntu platform build on Circle.
Under no circumstances will Bumbuntu be liable in any way for any User Content or other content or materials of any third parties (including by users), whether posted on the Bumbuntu platform build on Circle or otherwise, including, but not limited to, in connection with any errors or omissions in any such content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Bumbuntu does not pre-screen content, but that Bumbuntu and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, Bumbuntu and its designees will have the right to remove any content that violates these Terms of Use or is deemed by Bumbuntu, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.Third Party Websites. The Service may provide, or third parties may provide, links or access to other sites and resources on the internet. Bumbuntu has no control over such sites and resources and Bumbuntu is not responsible for and does not endorse such sites and resources. You acknowledge and agree that Bumbuntu will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that Bumbuntu is not liable for any loss or claim that you may have against any such third party.
Please note, although we provide the Service so that individuals may connect via Experiences or via other parts of the Service, we are not responsible for the Experiences themselves, or any other arrangements with other Users of the Service, and any consequences of attending an Experience arranged through the Service, or connecting with other Users on-line or in-person.We do not assume any liability for any outcome of any interaction (online or offline) resulting from the Content, platform build on Circle or any other parts of Service (including any resulting health issues, physical or mental harm, accident, or injury that you may suffer). You are advised to exercise good judgment and caution when acting on the information available through the Service. We also do not assume any liability arising from the cancellation of an Experience.We do not guarantee that our Service will always be available or be uninterrupted.All content on platform build on Circle (including the Content) is provided to you on an “as is” basis and is for your general information only. We do not guarantee that the platform build on Circle (including the Content), will be free from errors or omissions. It is not intended to amount to any advice on which you should rely. However, where we provide any services to you, we will always do this with reasonable skill and care.Although we use our reasonable efforts to update the Service, Bumbuntu Content and the platform build on Circle as much as we can to make it more relevant and interesting to Users, we do not actively monitor the User Content and are under no obligation to update any Content. Therefore, we make no representations, warranties, or guarantees (whether express or implied), that the Content or the platform build on Circle is accurate, complete, and up-to-date, or to the suitability of the platform build on Circle or the Content for you.You are responsible for the information you share with other Users when you disclose information on the platform build on Circle or any other part of the Service (including, but not limited to Service Social Network official pages). We are not responsible for the conduct of any
User of the platform build on Circle. You agree to use caution in all interactions with other Users, particularly if you decide to communicate off the platform build on Circle or participate in an Experience as an Attendee. THE COMPANY IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER OR YOUR EXPERIENCE AT ANY IN-PERSON MEETING, EVENT OR VENUE YOU ARE INVITED TO OR OTHERWISE ATTEND THROUGH THE SERVICE. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHERS THROUGH THE SERVICE – THIS INCLUDES, BUT IS NOT LIMITED TO, INTERACTIONS THROUGH THE PLATFORM BUILD ON CIRCLE IN-PERSON INTERACTIONS WITH THOSE YOU MEET THROUGH THE SERVICE, AND YOUR ATTENDANCE AT ANY EVENT OR VENUE PROMOTED, HOSTED OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE.
You understand and acknowledge that the Company does not conduct criminal background checks on its users or verify statements made by its users. The Company makes no representations or warranties as to the conduct, background or fitness of its users or their compatibility with any current or future users.YOU AGREE TO TAKE ALL NECESSARY PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS AND IN ATTENDING ANY EVENT, PARTICULARLY IF YOU DECIDE TO COMMUNICATE OUTSIDE OF THE SERVICE OR MEET IN PERSON, OR IF YOU DECIDE TO DISCLOSE YOUR LOCATION, PROVIDE PERSONAL INFORMATION, CONTACT INFORMATION OR MONEY TO ANOTHER USER.WE DO NOT ASSUME ANY LIABILITY FOR ANY OUTCOME OF ANY INTERACTION (ONLINE OR OFFLINE) RESULTING FROM THE CONTENT OR
(INCLUDING ANY RESULTING HEALTH ISSUES, PHYSICAL OR MENTAL HARM, ACCIDENT, OR INJURY THAT YOU MAY SUFFER). YOU ARE ADVISED TO EXERCISE GOOD JUDGMENT AND CAUTION WHEN ACTING ON THE INFORMATION AVAILABLE THROUGH THE BUMBUNTU PLATFORM BUILD ON CIRCLE.To the extent you are aware of suspicious, fraudulent, or behavior, please immediately report it to hello@bumbuntu.com. You should block and report anyone that violates these Terms, including (a) underage users, (b) harassment, threats, and offensive behavior, and (c) inappropriate or harmful behavior of any kind, (d) fraudulent profiles, or (e) Experiences not conducted in accordance with these Terms or applicable law.
You acknowledge and agree that neither the Company nor its officers, directors, employees, agents or affiliates are responsible for, and shall under no circumstances have, any liability, directly or indirectly, for any loss or damage, including personal injury or death, as a result of or alleged to be the result of (i) the conduct, whether online or in-person, through the Service or otherwise, of any user; (ii) your attendance at any event or venue posted, advertised, promoted made available to you through the Service, (iii) the content posted in the Service, whether posted by users or caused by any of the equipment or programming associated with or utilized in the Service; (iv) the timeliness, deletion or removal, incorrect delivery or failure to store any content or communications; (v) termination or discontinuation of the Service; (vi) any error, omission or defect in, interruption, deletion, alteration, delay in operation or transmission, theft or destruction of, or unauthorized access to, any user or user communications; or (vii) any problems, failure or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email on account of technical problems or traffic congestion on the internet or at any website or combination thereof, including injury or damage to users or to any other person’s computer or device related to or resulting from participating or downloading materials in connection with the internet and/or in connection with the Service.TO THE FULLEST EXTENT PERMITTED BY LAW WE MAKE NO WARRANTIES AS TO OUR PLATFORM BUILD ON CIRCLE OR CONTENT. YOU AGREE THAT THE BUMBUNTU PLATFORM BUILD ON CIRCLE AND ITS CONTENTS ARE PROVIDED “AS IS” AND WITHOUT
WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE BUMBUNTU PLATFORM BUILD ON CIRCLE OR ITS CONTENT WILL BE FUNCTIONAL, UNINTERRUPTED, CORRECT, COMPLETE, APPROPRIATE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE BUMBUNTU PLATFORM BUILD ON CIRCLE, CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF OUR BUMBUNTU PLATFORM BUILD ON CIRCLE OR ITS CONTENT OR ON THIRD-PARTY WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.Any material downloaded or otherwise obtained through the use of the Service is accessed at your own discretion and risk, and you will be solely responsible for and hereby waive any and all claims and causes of action with respect to any damage to your device, computer system, internet access, download or display device, or loss or corruption of data that results or may result from the download of any such material. If you do not accept this limitation of liability, you are not authorized to download or obtain any material through the Service.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, BUSINESS PARTNERS, LICENSORS OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, RELIANCE, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF GOODWILL, DAMAGES FOR LOSS, CORRUPTION OR BREACHES OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE COMPANY FOR THE SERVICE WHILE YOU HAVE AN ACCOUNT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. Except as set out above, our total liability to you arising under or in connection with these Terms shall be limited to one hundred euros (€100).TO THE FULLEST EXTENT PERMITTED BY LAW WE DO NOT ASSUME LIABILITY FOR ACCIDENTS, DELAYS, INJURIES, HARM, LOSS, DAMAGE, DEATH, LOST PROFITS, PERSONAL OR BUSINESS INTERRUPTIONS, MISAPPLICATION OF INFORMATION, PHYSICAL OR MENTAL DISEASE, CONDITION, OR ISSUE, OR OTHERWISE, DUE TO ANY ACT OR DEFAULT OF ANYONE OR ANY BUSINESS, WHETHER OWNERS, STAFF, AGENTS, JOINT VENTURE PARTNERS, CONTRACTORS, VENDORS, AFFILIATES OR OTHERWISE, AFFILIATED WITH US. WE DO NOT ASSUME LIABILITY FOR ANY OWNERS, STAFF, AGENTS, JOINT VENTURE PARTNERS, CONTRACTORS, VENDORS, AFFILIATES OR OTHERWISE WHO IS ENGAGED WITH THE BUMBUNTU PLATFORM BUILD ON CIRCLE OR ITS CONTENT, OR IN ANY WAY OR IN ANY LOCATION. IN THE EVENT THAT YOU USE OUR SERVICES AND CONTENT OR ANY OTHER INFORMATION PROVIDED BY US OR AFFILIATED WITH US, WE ASSUME NO RESPONSIBILITY.
You shall be responsible for any losses, damages, costs, and expenses which we suffer which are caused by your breach of these Terms.To the fullest extent permitted by law you agree at all times to defend, indemnify and hold us harmless, as well as any of our affiliates, agents, contractors, officers, shareholders, directors,
users, employees, joint venture partners, successors, transferees, assignees, and licensees, as applicable, from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your use of the Bumbuntu Platform build on Circle or your breach of any obligation, warranty, representation or covenant set forth in these Terms.To the fullest extent permitted by law in no event will we be liable to any party for any type of direct, indirect, special, incidental, equitable or consequential damages for any use of or reliance on Bumbuntu Platform build on Circle and Content, or on those affiliated with us in any way, and you hereby release us from any and all claims; including, without limitation, those related to lost profits, personal or business interruptions, personal injuries, accidents, misapplication of information, or any other loss, physical or mental disease, condition or issue, or otherwise, even if we are expressly advised of the possibility of such damages or difficulties.
To the fullest extent permitted by law, you release us, our parent entity and subsidiaries and affiliated companies, and their respective officers, employees, directors, contractors and agents from any and all responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with the following: (i) your use of the Bumbuntu Platform on Circle and the Service; (ii) disputes between Users, including those between you and other Users; (iii) User Content or Third Party Content; (iv) claims relating to the unauthorized access to any data communications or content stored under or relating to your account, including unauthorized use or alteration of such communications or your User Content.If you are a California resident you waive California Civil Code Section 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
Indemnification
To the fullest extent permitted by law, you agree to defend, indemnify and hold harmless Bumbuntu, Inc., our parent entity, subsidiaries and affiliated companies, and their respective officers, employees, directors, contractors and agents, from and against any and all claims, causes of actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including attorneys’ fees) and all amounts paid in settlement arising out of, connected with, or accruing from (a) your access to and use of the Bumbuntu platform build on Circle, the Website, the Service and the Content; (b) your violation of these Terms, (c) your violation of any applicable law; (d) your User Content, or (e) your interaction with any other User. We may assume the exclusive defense and control of any matter for which you have agreed to indemnify us and you agree to assist and cooperate with us in the defense or settlement of any such matters.
We do not guarantee that the Bumbuntu platform build on Circle or the Content will be secure or free from bugs or viruses.You are responsible for configuring your information devices, technology, computer programs and platform in order to access the Bumbuntu platform build on Circle and the Content. You should use your own virus protection software to protect these.You must not misuse the Bumbuntu platform build on Circle by knowingly introducing anything that may cause issues including viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to any part of the Bumbuntu platform build on Circle, the server on which our Bumbuntu platform build on Circle is stored, or any device, server, computer, or database connected to the Bumbuntu platform build on Circle. You must not attack our Bumbuntu platform build on Circle
via a denial-of-service attack or a distributed denial-of-service attack.Any failure to comply with this provision, could cause you commit a criminal offence. We may decide to report any such breach to the relevant law enforcement authorities and co-operate with those authorities by disclosing your identity to them. In the event of such failure to comply, your right to use the Bumbuntu platform build on Circle (and the Content) will cease immediately.
To the extent permitted by applicable law, any claim or cause of action arising out of or related to the Platform, these Terms and/or the Privacy Policy must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Assignment. We can assign, transfer or subcontract any or all of our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights as set out in these Terms. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing in advance.
Third party rights. These Terms are between you and us and are not intended to give third parties any rights to enforce all or any part of these Terms.These Terms of Use, together with the Privacy Policy, comprise the entire agreement between you and the Company regarding the use of the Service. If any provision of these Terms of Use are held invalid, the remainder hereof shall continue in full force and effect. The failure of the Company to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. You agree that your Bumbuntu account is non-transferable and all of your rights to your profile or contents within your Bumbuntu account terminate upon your death or termination from the Service. No agency, partnership, joint venture or employment is created as a result of these Terms of Use and you may not make any representations or bind the Company in any manner.Applicable Law and Jurisdiction. If you are a South African User, (a) you are a citizen of South Africa; (b) you do reside in South Africa; (c) you are accessing the Service from South Africa, you hereby agree that any dispute or claim arising from this Agreement shall be governed by the laws of the Republic of South Africa, without regard to any conflict of law provisions, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts of South Africa. If none of the above apply to you, you should not use the Service.
No waiver. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your non-compliance with any of these Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
Contact us. If you have any questions or concerns regarding these Terms, you may contact us by email at hello@bumbuntu.com.
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We’ll make you feel special and keep you up to date
Bumbuntu’s mission is to connect remote workers in Cape Town through our online platform and by organising daily activities and exciting events in and around the city. In this way, people can expand their social circle in an easy and low key way, and have the best time of their lives while working from abroad.
In case you have a question or want to get in touch, feel free to email us: hello@bumbuntu.com. We’re happy to hear from you!
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