This policy was last revised on the 1st of October 2023.
Affiliate: An entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Account: A unique account created for You to access our Service or parts of our Service.
Country: refers to South Africa
Company: (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Ace Online Solutions (Pty) Ltd, registration number 2022/524556/07.
Content: Refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
Device: Any device that can access the Service such as a computer, a cell phone or a digital tablet.
Free Trial: A limited period of time that may be free when purchasing a Subscription.
Goods: Items offered for sale on the Service.
Orders: A request by You to purchase Goods from Us.
Promotions: Refer to contests, sweepstakes or other promotions offered through the Service.
Service: Refers to the Website.
Subscriptions: The Services or access to the Service offered on a subscription basis by the Company to You.
Terms and Conditions: (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
Third-party Social Media Service: Any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
Website: Refers to Get Market Fit, accessible from https://getmarketfit.com
You: The individual accessing or using the Service, or the Company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Acceptable Use and Privacy Statement
Goods and Orders
Placing Orders for Goods
When You place an Order for Goods through the Service, You are warranting that You are legally able to enter into binding contracts.
We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to:
– Goods availability
– Errors in the description or prices for Goods
– Errors in Your Order We reserve the right to refuse or cancel Your order if fraud or an unauthorised or illegal transaction is suspected.
Your Order Cancellation Rights
Any Goods You purchase can only be returned in accordance with these Terms and Conditions. We will reimburse You no later than 14 days from the day on which We approved the reimbursement. We will use the same means of payment as You used for the Order, and You will not incur any fees for such reimbursement. You will not have any right to cancel an Order for the supply of any of the following Goods:
– The supply of Goods made to Your specifications or clearly personalised.
– The supply of digital content which is not supplied on a tangible medium if the performance has begun with Your prior express consent and You have acknowledged Your loss of cancellation right.
Availability, Errors and Inaccuracies
We are constantly updating Our offerings of Goods on the Service. The Goods available on Our Service may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding our Goods on the Service and in Our advertising on other websites. We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
The Ace Online Solution (Pty) Ltd is not responsible for the content of Get Market Fit’s users. You expressly understand and agree that You are solely responsible for the content and for all activity that occurs under Your account, whether done so by You or any third person using Your account. You may not transmit any content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable content include, but are not limited to, the following:
– Unlawful or promoting unlawful activity.
– Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
– Spam, machine – or randomly-generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
– Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
– Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
– Impersonating any person or entity including the company and its employees or representatives.
– Violating the privacy of any third person.
– Any adult topics and/or content that falls below our AI partner’s content filter guidelines and policies including but not limited to sexual experiences, pornography, erotica, webcam services, escort services, adult toys and shops, etc…
– False information and features.
Your Right to Post Content
Our Service allows You to post Content. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness. You retain any and all of Your rights to any Content You submit, post or display on or through the Service and You are responsible for protecting those rights. You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
Although regular backups of content are performed, the company does not guarantee there will be no loss or corruption of data. Corrupt or invalid backup points may be caused by, without limitation, content that is corrupted prior to being backed up or that changes during the time a backup is performed. The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of content. But you acknowledge that the company has no liability related to the integrity of content or the failure to successfully restore content to a usable state. You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.
Subscriptions & Termination
The service or some parts of the service are available only with a paid subscription. You will be billed in advance on a recurring and periodic basis (such as daily, weekly, monthly or annually), depending on the type of subscription plan you select when purchasing the subscription. At the end of each period, Your Subscription will automatically renew under the exact same conditions unless You cancel it or the company cancels it.
You may cancel Your Subscription renewal either through Your Account settings or by contacting the Company. You will not receive a refund for the fees You already paid for Your current Subscription period and You will be able to access the Service until the end of Your current Subscription period.
Early Cancellation.You may choose to cancel your subscription early at Your convenience provided that, we will not provide any refunds of prepaid fees or unused Subscription Fees, and You will promptly pay all unpaid fees due through the end of the Subscription Term.
We may terminate or suspend Your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions. Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your account, You may simply discontinue using the Service.
The Service and its original content (excluding content provided by You or other users), features and functionality are and will remain the exclusive property of the company and its licensors. The Service is protected by copyright, trademark, and other laws of both the country and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the company.
Intellectual Property Infringement
We respect the intellectual property rights of others. It is our policy to respond to any claim that content posted on the service infringes a copyright or other intellectual property infringement of any person. If You are a copyright owner, or authorised on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the service, You must submit Your notice in writing to the attention of our copyright agent via email at firstname.lastname@example.org and include in Your notice a detailed description of the alleged infringement. You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any content is infringing Your copyright.
DMCA Notice and DMCA Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
– An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest.
– A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
– Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.
– Your Company details, Company web address and email address.
– A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
– A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.
You can contact our copyright agent via email at email@example.com. Upon receipt of a notification, the company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the service.
Disclaimers and Limitations of Liability
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the company and any of its suppliers Under any provision of these terms and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven’t purchased anything through the service.
To the maximum extent permitted by applicable law, in no event shall the company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose. Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.
“AS IS” and “AS AVAILABLE” Disclaimer
The service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice.
Without limitation to the foregoing, the company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected. Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
When placing an order for goods available on the service, you may be asked to supply certain information relevant to your order, including without limitation, your name, your email address, your Company details, Company website, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
In addition, you represent and warrant that (i) you have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any order; and (ii) the information you supply to us is true, correct, and complete. Providing us with such information grants us the right to provide the information to payment processing third parties to facilitate the completion of Your Order.
If you have any concern or dispute about the service, You agree to first try to resolve the dispute informally by contacting the company.
All Goods purchased are subject to a one-time payment. Payment can be made through various payment methods we have available, such as Visa & MasterCard. Payment cards (credit cards or debit cards) are subject to validation checks and authorisation by Your card issuer. If we do not receive the required authorisation, We will not be liable for any delay or non-delivery of Your Order.
You shall provide the Company with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. Should automatic billing fail to occur for any reason, the Company will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice. You will keep your contact information, billing information and credit card information (where applicable) up to date. Changes may be made on your Billing Page within your account. All payment obligations are non-cancelable and all amounts paid are non-refundable, except as specifically provided for in this Agreement. All fees are due and payable in advance throughout the Subscription Term. If you purchase on behalf of a client, you agree to be responsible for the Order Form and to guarantee payment of all fees.
The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period. The Company will provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective. Your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.
Except when required by law, paid Subscription fees are non-refundable. Certain refund requests for Subscriptions may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company.
The Company may, at its sole discretion, offer a Subscription with a Free Trial for a limited period of time. You may be required to enter Your billing information in order to sign up for the Free Trial. If You do enter Your billing information when signing up for a Free Trial, You will not be charged by the Company until the Free Trial has expired. On the last day of the Free Trial period, unless You cancelled Your Subscription, You will be automatically charged the applicable Subscription fees for the type of Subscription You have selected. At any time and without notice, the Company reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
The Company reserves the right to revise its prices at any time prior to accepting an Order. The prices quoted may be revised by the Company subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs and any other matter beyond the control of the Company. In that event, You will have the right to cancel Your Order.
When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service. You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service. You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
Links to Other Websites
Our service may contain links to third-party web sites or services that are not owned or controlled by the company. The company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
Blocking of IP Addresses
In order to protect the integrity of the Website, Ace Online Solutions (Pty) Ltd (“Get Market Fit”) reserves the right, at any time in its sole discretion, to block Users with certain IP addresses from accessing the Website. In particular, Get Market Fit may block Users with IP addresses from certain jurisdictions, including, but not limited to, those that are subject to sanctions of the United Nations Security Council, included into the OFAC Sanctions List or the EU consolidated list of persons, groups and entities subject to financial sanctions.