The Talk Shop – Terms of Use | Privacy Policy | POPI | T&Cs.

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This multipurpose document and page contains the conditions upon which your use of any ‘The Talk Shop’ (thetalkshop.co.za) resources, platform or website are dependent on, and makes provision for the Users respective rights and regulations, not limited to the Protection of Personal Information Act (POPIA). All details, terms, conditions, and points may be broadly referred to within this document as T&Cs.

If you (User) proceed you are OPTING IN and ACCEPTING of all details included in sections A through to F. Summary of content:

• Section A: Acceptance and Definitions.
• Section B: About Us.
• Section C: Personal Information and Privacy.
• Section D: Copyright.
• Section E: Usage levels.
• Section F: General Terms.

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Section A.

ACCEPTANCE & DEFINITIONS.

1. ‘The Talk Shop’ for purpose of this agreement will be abbreviated to ‘TTS’.
2. Use of ‘TTS’ (the entity and its platforms) are subject to you (User) agreeing to all T&Cs. Should you decide not to accept the T&Cs, you shall cease engaging with us on any of our platforms or mediums.
3. In the absence of another indication of intent, a person who continues engaging with ‘TTS’ shall be assumed to have read these T&Cs and thereby becomes a ‘User’ who has accepted fully, without exception, reservation or objections, to be bound to these T&Cs, therefore constituting a legally binding agreement.
4. Should you (User), for any reason, want to explicitly terminate the agreement that arises after accepting the T&Cs (as explained in point 3 above), the User must notify ‘TTS’ of this in writing via admin@thetalkshop.co.za. The User understands that in doing so that he/she (the User) will no longer be able to rightfully engage on ‘TTS’ websites or platforms, and may be actively prevented from doing so.
5. The User in terms of this agreement and in respect of South African law, is also one and the same as a ‘Data Subject’ when appropriate in context of the topic at hand. In addition a User can be any person or representative of a legal entity who actively engages with ‘TTS’.
6. Reference to ‘platform/s’ within this T&Cs agreement refer to any of ‘TTS’ owned or managed digital platforms, including but not limited to website and any variety of digital communications under their care.
7. Reference to ‘content’ within this T&Cs agreement refers to, but is not limited to, any text, images, video, sound, download, link, media, contact information, user date, or subject date or data subject information.
8. Reference to ‘process’ in relation to information means to save, disseminate, publish or share data or information.
9. Reference to ‘We’ refers to TTS and the User collectively.

Section B.

ABOUT US.

1. ‘TTS’ conducts business and services as outlined on its website (such as but not limited to select academic and therapy needs) and the User will review these and be aware (and accept) that these are the purposeful reasons information or data is obtained, processed and stored.
2. The User can request further particulars about ‘TTS’ via email and once ‘TTS’ has been able to authenticate the request, it will consider – but is not obliged to offer further details to the ‘requestor’ unless compelled by a court of Law.
3. The T&Cs may be updated at any time. Accordingly, the User should revisit this document every time they make use of a website or any resource / platform related to ‘TTS’.
4. Any User who feels there is an infringement on their rights, agrees to first notify ‘TTS’ in writing of the concern and allow ‘TTS’ five working days to resolve the matter internally before escalating the issue externally, either to an appropriate authority or for resolution via mediation or litigation. Such communications can be directed to admin@thetalkshop.co.za
5. The physical trade location of ‘TTS’ is: 48 Ballyclare Drive, Bryanston, Johannesburg, South Africa with contact number: + 27 11 463 8160 or + 27 11 463 7267

Section C.

PERSONAL INFORMATION & PRIVACY.

1. In/by becoming a User, you are providing information (and data) to ‘TTS’. Dependent upon the level of such use (see Section E), this information is used to enable ‘TTS’, and by extension its staff, , 3rd parties or suppliers, to
   1. stay in contact with you,
   2. maintain and update a User database and records,

• • provide or offer you resources or services,

1. 1. communicate your needs and intent with staff or service providers.
   2. provide professional services related to select academic, care and therapy needs for Children.

     (All the above points are hereafter referred to as “permissible purposes”)

2. Your information will only be used for the permissible purposes listed above and within Section E, and by engaging with ‘TTS’ you are opting in to such use and permissible purposes.
3. The sources ‘TTS’ obtains information from are but not limited to: websites, social media (when information is shared/made public), digital communication (not limited to e-forms, and emails), phone, business resources and in some cases by referral or industry specific databases or information resources.
4. ‘TTS’ does not process your information if your engagement with us is merely casual browsing (passive). ‘TTS’ does process your information if you engage with us or use our resources, and therefore agreeing to and opting in to the T&Cs of this agreement.
5. ‘TTS’ will only share your information with persons who are our employees or service providers or acting as a representative on our behalf, and then we will do so only to the extent strictly necessary to provide services and / or User / Client care.
6. ‘TTS’ does not sell data or information under any circumstances.
7. As a User, you are defined as a Data Subject in terms of POPIA. You have all the rights afforded by POPIA. ‘TTS’ will fully engage with a User regarding their rights in line with POPIA. All communication in this regard can be directed to admin@thetalkshop.co.za and ‘TTS’ will respond within 72 hours of receipt. (Working hours / not on public holidays or company annual closure dates).
8. ‘TTS’ reserves the right to pursue legal action against any User who provides falsified / misleading / manipulated data or information for their own personal gain or interest.

Section D.

COPYRIGHT.

1. All content published on website or included in any ‘TTS’ medium, which content includes any variety of: text, images and video, sound or recordings are subject to copyright in terms of the South African Copyright Act.
2. Unless you (User) get permission from ‘TTS’, you shall not copy, reproduce, adapt, broadcast, transmit, publish, sell, licence, share or in any way deal with or process content.
3. When applicable image, videos or reference to minors (children) receive extra protection and ‘TTS’ will take all reasonable measures within its power to reduce risk, and / or when applicable seek and obtain written permission from custodians or guardians for use of images or videos before publishing, sharing or reproducing any content or work with a child’s likeness.
4. Nothing contained within our platforms or communications may be construed by you (the User), as granting by implication, estoppel or otherwise, any licence or right of use to any mark or content displayed on the website.
5. When used, we have licence / permission from the owner to publish all content which is not owned by us ‘TTS’. We may from time to time display content sourced from a public or open source and in such an instance, we acknowledge that our rights of use are limited and acknowledge the rights of the author. Point 3 within this section related to minors (children) is specially observed and enforced here.
6. As a matter of policy, we do not use content that is contrary to our terms included in this section. However, should we inadvertently publish or share content reasonably believing it to be from an open source / free to use source, or a permissible use, and an owner or guardian of such content becomes aware that this is not the case, he/she is requested to please notify ‘TTS’ immediately in writing via email: admin@thetalkshop.co.za so that content can be removed or updated to the satisfaction of the owner or guardian.
7. ‘TTS’ reserves the right to make any changes to any platforms at any time and without further notice. In so doing, we assume no liability or responsibility for the consequences.

Section E.

USAGE LEVELS.

Casual use. (Passive)

The User may visit / use a ‘TTS’ platform ‘passively’: browse, view, read, watch or listen to content, without providing personal identifying information or data, but understands that certain platforms do record IP address, load browser cookies and generate analytics. Casual use does not include engaging with any ‘TTS’ platform via any digital communication, e-forms, downloads, comments or active participation of any sort.

Unsolicited Information. (Active)

1. If a User posts / writes / sends unsolicited or unrequested content / info onto ‘TTS’ via platforms / offices / staff / representatives: the User grants ‘TTS’ a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, to reproduce, modify, adapt, publish, translate, distribute, process, and display such Information throughout the world in any media.
2. In addition, the User also grants the right to use the data and information the person and entity included with the Users submission connected with such Information.

• Furthermore, the User warrants that the User owns or otherwise controls all of the rights to the Information that the User posts or shares with ‘TTS’; that the Information is accurate; that by the supply of the Information to ‘TTS’ or posted / shared with ‘TTS’, that the User does not violate Policy, Laws or infringe on the rights of any other person or entity; and that the User indemnifies ‘TTS’ for all claims resulting from their own actions.

Solicited Information the User gives to ‘TTS’. (Active)

1. This is the principal User level, and most frequently involves an entity or persona providing and therefor ‘TTS’ obtaining information to carry out its purpose as outlined in detail on the ‘TTS’ website or any formal documents such as but not limited to quotes, invoices, service level agreements, contracts and/or when applicable health and wellbeing information and data documents or files.
2. ‘TTS’ requires certain personal information or data to engage with a User and/or process transactions at the Users desire / need / request. ‘TTS’ receives and stores all Information the User provides / shares in this instance. Unless otherwise specified, information is retained indefinitely. The User may choose not to provide certain Information / data, but that may limit the level of engagement / services that the User may obtain / benefit from ‘TTS’. The User can request data to be removed / deleted at any time via written request.

• The User concedes to ‘TTS’ offering a non-exclusive, perpetual, irrevocable, and fully sub-licensable right and permissions to use: save / share / process / publish, create derivative works or reports / distribute / display and process for its business purposes or the task at hand.

Section F.

GENERAL TERMS.

1. Promotional Information.

TTS’ aspires to provide high standard service to Users, Clients, Suppliers, and Industry Partners, which necessitates that our business uses / processes information provided by Users, Clients and Suppliers to stay in contact / process / communicate, service / produce / trade / market and consult. In each instance, the User is offered the opportunity to opt-out of such via response to the originating communication or email admin@thetalkshop.co.za

2. Business / Entity Transfers.

‘TTS’ will not transfer User or Content information / data to a new trading entity if ‘TTS’ or its interests are sold without first publishing a ‘User’ Notice’ and allowing for a window of opportunity to object.

3. Lawful Purposes:

When ‘TTS’ is served with due notice of a legal process requiring the hand over / delivery of personal Information or Data Subject information, it has the legal duty to abide by that demand, and will do so.

4. Access to and use of information:

‘TTS’ receives various types of information / data from Users who access ‘TTS’ digital platforms and engage with ‘TTS’, or its staff, agents or suppliers, and industry partners via digital methods. ‘TTS’ takes every reasonable effort to protect Information and Data Subjects. 

Data is stored and processed on business devices and personal staff / supplier / industry partner devices such as phones, computers and external hard drives. All devices have reasonable digital security and passcodes.

 ‘The ‘TTS’ website is managed and secured by a reputable 3^rd party service provider of ‘TTS’s choosing.

In spite of reasonable steps and undertakings, it is possible for digital communications or data   to be intercepted and / or stolen by criminals, and a User has to accept that the digital criminal and cyberwarfare are ever evolving. Therefore, all Users accept that Privacy and Data Subject information cannot ever be 100% secure, and therefore the User indemnifies ‘TTS’ of any damages or loss, directly or indirectly, that may result from a data breach or digital crime of any sort.

5. Miscellaneous:
6. ‘TTS’ and its resources operate within the Republic of South Africa. ‘TTS’ makes no representation that the Content / Platforms / Digital communications are appropriate for use in another country.
7. A User may not use ‘TTS’ resources and platforms in violation of South African law.
8. The User consents to the jurisdiction of the High Court nominated by ‘TTS’ at the time such a matter arises.
9. If any term within this agreement is found by a Court to be invalid or unenforceable, that term is excised and the balance of the terms shall remain enforceable.
10. ‘TTS’ platforms and communications, as well as all content (current and future) are provided on an “as is” basis, and may include inaccuracies or technical errors despite ‘TTS’s best intent. Therefore, ‘TTS’ offers no warranty or representation as to the availability, accuracy (details and processing), and ownership, competence of the platforms / content or digital communication. The User agrees not to hold ‘TTS’ responsible for any direct or indirect, consequential or other damage of any kind whatsoever suffered or incurred, as a result of use or consumption of content.
11. The User agrees to indemnify ‘TTS’ against any claim or action brought against ‘TTS’ which is caused by or arises from the Users use of the platform or a breach of these terms and conditions.

END OF T&C’s