Recue Music Cue Sheet Service

Terms & Conditions Of Use

      IBEWA General Terms and Conditions of Use
[Last updated 01/06/2021]

Please read these Terms and Conditions carefully before making use of the IBEWA Site or any of our Services. You will be subjected to the Terms and Conditions in force at the time that you use the IBEWA Site. For the avoidance of doubt, the Terms and Conditions available on the IBEWA Site each time you use the IBEWA Site or any of our Services shall govern the relevant session.

1. Definitions
In these Terms and Conditions, the following definitions shall apply:

'Terms and Conditions' means these terms and conditions of use, which regulate your use of the IBEWA Site and the Services.
'IBEWA' means IBE Workflow Automation PTY LTD (Registration No. 2020/778443/07), the controller of your personal information.
'IBEWA Site' means any of IBEWA’s Internet sites and/or applications, regardless of the type of device used to access an IBEWA Site. The IBEWA Site includes but is not limited to ibewa.com, ibewa.co.za, recue.co.za, and recue.biz.
'IBEWA Clients' means business partners of IBEWA, and includes third party content providers who have contracted with, and supply Content to IBEWA.
	    The terms, "Recue.biz", "Recue Online" and "Recue" refer to the document generating service supplied by IBEWA via various means, including but
		 not limited to, web based, desktop and/or mobile applications.
'Users' means all users of the IBEWA Site and the Services.
'User Name' means the name by which you shall be known when using the IBEWA Site.
'User List' Means the people who have registered on the Site.
'Password' means your personal identification word that serves as your password to access the IBEWA Site and the Services.
'Account' means the account you create on any IBEWA Site to enable you to use the IBEWA Site and it's related Services.
'Privacy Policy' means the IBEWA Privacy Policy that must be read as forming part of these Terms and Conditions.
'personal information' means that information which relates to an identifiable person and which is collected and processed when you use the IBEWA Site and/or Services, including:
		Your name, email address, region and/or province of residence, street address (if provided), postal code (if provided), cellular telephone number, age, gender, language preferences, user names and passwords, consents, preferences and feedback.
		Your Internet Protocol (IP) address and
		Your history of using the IBEWA Site and/or Services, including your access times, the website(s) you linked from, pages you visit, the links you use,
		the content you viewed, and other such information provided to IBEWA by your browser.
'post' 	means the electronic transfer of information or data by you to the IBEWA Site or the Services.
'Content' means various forms of material supported by the IBEWA Site at any given time, including but not limited to text, images, audio and video clips.
'Intellectual Property' means all intellectual property rights, howsoever arising and in whatever tangible or intangible media including, without limitation, trade marks, patents, rights to inventions, utility models, copyright, services, business and domain names, rights in trade, rights in goodwill or to sue for passing off, unfair competition rights, rights in design, rights in computer software, database rights, topography rights, moral rights, business processes, rights in confidential information (including trade secrets and know-how) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.
'Services' means the services provided by IBEWA from time to time, via the IBEWA Site, which includes but is in no way limited to conversation forums, text messages from IBEWA Clients within conversation forums, the creation and updating of your Account, the ability to communicate directly with other Users that you have added and that have added you via internal services, the ability to participate in exclusive polls and/or competitions, the ability to access exclusive digital content provided by IBEWA Clients, and the ability to access exclusive information about IBEWA Clients.
'Advertisers' means all advertisers permitted by IBE Workflow Automation PTY LTD (IBEWA) or by its business partners, in writing, to publish advertisements on
the IBEWA Site.
'Publisher' or 'Publishers' means all organizations, companies or individuals who supply media, Meta Data, information, compact discs, dvd's or other media that is incorporated into the IBEWA Site.
'Stakeholders' means all organizatons, companies or individuals who may have a vested interest in the Content loaded onto the IBEWA Site and who form part of
        IBEWA Clients.
'Royalty Collecting Societies' means all organizations who have a requirement to receive music cue sheets, as they for part of the Content, for processing of
        royalty payments to interested parties.

2. By using the IBEWA Site, by registering as a User or creating an Account on the IBEWA Site, by participating in any of the services on the Site, by accessing and using any of the Services, and/or by submitting personal information to IBEWA, you agree to, and are bound by, these Terms and Conditions and IBEWA’s Privacy Policy. If you do not agree with these Terms and Conditions or with the Privacy Policy, you may not use the IBEWA Site, nor may you create an Account or participate in any of the services offered by the IBEWA Site, by registering as a User or creating an Account on the IBEWA Site, by participating in any of the services on the Site, by accessing and using any of the Services, and/or by submitting personal information to IBEWA, you agree to, and are bound by, these Terms and Conditions and IBEWA’s Privacy Policy. If you do not agree with these Terms and Conditions or with the Privacy Policy, you may not use the IBEWA Site, nor may you create an Account or participate in any of the services offered.

3 	Application

3.1	Your use of the IBEWA Site and/or Services must at all times be in compliance with these Terms and Conditions.
3.2	These Terms and Conditions are subject to change at any time with or without notice, unless the Terms and Conditions are changed in a material, adverse way, in which case IBEWA will post a notice advising of such change at the beginning of these Terms and Conditions and on the IBEWA Site’s home page for a period of 30 days.
3.3	You accept that any changes to the Terms and Conditions will be binding on you, and that your use of the IBEWA Site and/or Services will at all times be subject to the Terms and Conditions that are in force at the time that you use the IBEWA Site and/or Services. For the avoidance of doubt, the Terms and Conditions available on the IBEWA Site each time you use the IBEWA Site or any of our Services shall govern the relevant session. Your continued use of the IBEWA Site and/or Service after the effective date of a change will amount to acceptance by you of the changed Terms and Conditions.
3.4	It is your responsibility to re-visit these Terms and Conditions from time to time to learn of any such changes to the terms and conditions of use. The latest version of the Terms and Conditions
is available at recue.co.za/terms.php
3.5	A certificate signed by an administrator in the employ of IBEWA shall be prima facie proof of the date of publication and contents of any version of any applicable terms.
3.6	It is hereby recorded that section 44 of Electronic Communications and Transactions Act 25 of 2002 does not apply to the Services.

4. Who may use the IBEWA Site and/or Services?

4.1	Unless otherwise specified, the IBEWA Site and/or Services are intended for your personal, non-commercial and lawful use only.
4.2	The IBEWA Site and/or Services are not intended for persons under the age of 18, and IBEWA does not knowingly collect personally identifiable information from Users under the age of 18 without the consent of their parents or guardians.
4.3	If you are younger than 18 years of age, you agree to inform your parents or guardians that you have registered for and are using the IBEWA Site and/or Services and to obtain their consent to such registration and use, and, upon request from IBEWA, shall provide reasonable proof that you have complied with this prerequisite for access to the IBEWA Site and/or the Services.
4.4	IBEWA reserves the right to place an age restriction on the IBEWA Site and/or the Services at any time.
4.5	Publishers, Corporate entities, including organizations, companies, business and other entities with legal personality, may not use the IBEWA Site and/or the Services without the prior written consent of IBEWA.

5. Use of the IBEWA Site and/or Services

5.1	To participate in the Services, you will have to register online via the IBEWA Site.
5.2	By registering via the IBEWA Site, you automatically register for the use of any of our Services, and for any services managed by IBEWA Clients or service providers.
5.3	By registering, you understand that you are entering into an electronic transaction; you warrant that you have the legal capacity to enter into such transaction, or you have obtained the necessary legal consent to enter into such transaction, and you consent to the Terms and Conditions.
5.4	When you register on the IBEWA Site, you will be required to create a User Name by which you would like to login and be known on the IBEWA Site, and you will also be required to create a Password for access to your Account.
5.5	You undertake that any and all personal information you submit to IBEWA to create your Account Profile is true, correct and accurate. You further confirm that you are the legitimate owner of all the personal information submitted to IBEWA including, but not limited to, your full name, your cell phone number, your other contact details and your date of birth.
5.6	IBEWA accepts that you may wish to create an anonymous User Name for your Account, which ensures that other Users will not be able to access your real name. While you may create such an anonymous User Name, the personal details that you provide to IBEWA when creating an Account, including your real name, must be accurate. IBEWA will take all reasonable steps to ensure the privacy of your real name in these circumstances.
5.7	You understand and accept that some of your personal information, including but not limited to your User Name, your region or province of residence, and your latest activity on IBEWA will be publicly accessible to other Users on the IBEWA Site.
5.8	You undertake to provide IBEWA with written notification to support@ibewa.com should any of your personal information, required during the registration process, change. You may also modify your Account by accessing the Account Settings page.
5.9	You understand that it is your responsibility to ensure the secrecy of your login details, including your User Name and Password.
5.10	You also agree that you are responsible for ensuring the security of your computer, mobile device, or any other device used to access the IBEWA Site and the Services.
5.11	Any activity on the IBEWA Site or the Services authenticated with your login credentials shall be deemed binding on and attributable to you personally.
5.12	You agree to notify IBEWA immediately, in writing, at support@ibewa.com when you become aware of any unauthorized use of your Account or other breach of
        security or attempted breach of security. Once registered, you may access Content and make use of the broader functions of the IBEWA Site and/or the Services.
5.13	You undertake to ensure that you are the legitimate owner of, or that you have obtained the necessary license or permission in respect of, any Content that you post onto the IBEWA Site and/or Services.
5.14	You agree that you may receive marketing communications and advertisements from IBEWA and from IBEWA Clients, including third party advertisers, via the IBEWA Site or other Services, by SMS, or to your email address, at the discretion of IBEWA only where it is deemed that the use of your personal information for that purpose is likely to provide a real benefit to you. In no way whatsoever will IBEWA allow third parties to use your information for spam purposes. You may opt-out of receiving such communications by clicking the 'opt out' option located on your Account Settings page. After having selected this option you will still have access to all services provided by IBEWA and/or IBEWA Clients.
5.15	You agree that IBEWA may communicate with you and/or send you informational messages via the IBEWA Site or other Services, by SMS or to your email address from time to time. You may opt-out of receiving such communications by clicking the 'opt out' Privacy Setting option located on your Account Settings page. If you do so, you will still have access to all services provided by IBEWA and/or IBEWA Clients.
5.16	You are hereby notified that, if you have provided IBEWA with any incorrect or fraudulent information regarding your age or date of birth, you may receive incorrect information when supplied via the Site. You agree to accept full responsibility for your actions in this regard and indemnify IBEWA against any claims and/or damages IBEWA may incur as a result.
5.17	If you have not logged in to your Account for a period of 6 months, IBEWA may suspend and delete your Account without prior notice.
5.18	In the event that you no longer wish to use the IBEWA Site and the Services, you may request IBEWA to cancel your Account upon providing acceptable proof of your ownership of the Account in question, which will effectively deactivate your Account and make it inaccessible.

6. Content

6.1	You may participate in conversations and post messages to a conversation forum via a share button available on the IBEWA Site when available.
6.2	You may log and submit documents via the Recue service as forming part of the Content.
6.3	You may upload files via the Recue service as forming part of the Content.
6.4	You may upload various ancillary documents via the Recue service as forming part of the Content.
6.5	You may share content with other registered Recue users via the Share section within the site.
6.6	You agree that any Content posted by you on the IBEWA Site and/or any of the Services remains your sole responsibility and that the accuracy of such Content remain your responsibility.
6.7	Unless otherwise agreed in writing, by posting any Content to the IBEWA Site, you grant IBEWA and its affiliated companies a non-exclusive, royalty free, worldwide and perpetual license to publish, use, sub-license, distribute, amend, update and store the Content.
6.8	IBEWA has the right and the obligation, where required by law, to moderate the Services and to monitor postings to the site and also has the right, but not the obligation, to exercise editorial control over any material available in the site, except where Services are managed by or on behalf of a IBEWA Client, in which case such Client has the right, but not the obligation, to exercise editorial control over any material available in the relevant conversations.
6.9	IBEWA has the right, but not the obligation, to appoint a moderator to manage any Content and such person may withdraw permission given to you to participate in any services available on the IBEWA site.
6.10	IBEWA reserves the right to remove, edit or amend any Content that was posted by you to the IBEWA site, which IBEWA, in its sole and absolute discretion, deems inappropriate or illegal, which contravenes these Terms and Conditions, or which is the subject of a complaint, without notice to you.
6.11	Any Content posted by you, to the IBEWA site, may be made available to Stakeholders via a statistics or similar page without prior notice to you.
6.12	Any Content posted by you will be made available to Royalty Collecting Societies for the purpose of invoicing and;or payment processing by Royalty
        Collecting Societies, including but not limited to, the use of music to promote, advertise, enhance, support or improve; in television productions, stage events, corporate communications, web videos, commercials, radio broadcast, television broadcast, internet streaming or any other purpose now or in the future.

7. Unauthorized Conduct

7.1	You expressly agree not to use the IBEWA Site and/or Services to operate any commercial activities or to promote any products or services or to send or post unsolicited commercial communications, other than as expressly authorized by IBEWA in writing.
7.2	You may not use brand names or trademarks as your User Name. IBEWA reserves the right, using its reasonable discretion and only when deemed absolutely necessary, to take over any IBEWA User Names at any time, without any compensation, should it require such User Name for any reasons whatsoever, including if IBEWA was requested to do so by the owner of the brand name or trade mark. In such event, IBEWA will notify you if it requires the User Name in question and will move your Account to a mutually agreed replacement User Name.
7.3	You may not monitor, intercept or modify any private communication that is not addressed to you or to your Account nor may you access or modify any personal information belonging to a third party.
7.4	You may not impersonate any other User or any other person, and you may not use another person’s User Name or Password to access or use his or her Account. Similarly, you may not give your IBEWA login credentials to anyone else to log on to your Account or to access the Services using your Account.
7.5	You may not use or distribute the images taken by and/or belonging to any other person via the IBEWA Site in any manner without such person’s consent, nor may you resell any Content, which you accessed on the IBEWA Site, to any third party.
7.6	You may not use any harmful or malicious code including viruses, Trojan horses, worms or spiders to interfere with or access any data, communications, content or software associated with the IBEWA Site or Services.
7.7	Other than as authorized by IBEWA in writing or through the use of bona fide search engines, you may not programmatically access any Services using an electronic or other automated means used independently to initiate an action or respond to data messages or performances in whole or in part, including but not limited to any web spiders, crawlers or similar technologies.
7.8	It is a criminal offence to gain unauthorized access to any restricted area of the IBEWA Site or to otherwise interfere with the proper functioning of the IBEWA Site.
7.9	You may not use the IBEWA Site or Services to publish Content that:
7.9.1.	Results in any unreasonable invasion of privacy
7.9.2.	Causes grave or widespread offence
7.9.3.	Is otherwise unacceptable, as determined in IBEWA’s sole and absolute discretion or
7.9.4.	In any other way contravenes these Terms and Conditions and Privacy Policy, accessible at recue.co.za/terms.php.

8. Privacy

8.1	As the privacy of your personal information is of great importance to IBEWA, we have drafted a separate Privacy Policy to address all your privacy concerns. The Privacy Policy must be read as forming part of these Terms and Conditions.

9. Intellectual Property

9.1	The IBEWA Site consists of software and content (including images, text, animation, photographs, videos, graphics, music, sound and voice) that is the intellectual property of IBEWA.
9.2	All other intellectual property and content not owned by IBEWA that appears on the IBEWA Site and/or Services is the property of the respective third party clients and/or owners.
9.3	All intellectual property rights specifically related to and owned by IBEWA’s clients, save for source codes and or any proven copyright that may vest with
    IBEWA, shall vest with the client or its successors-in-title for the life of the Intellectual Property and any extensions or renewals thereof for all media now
    known and hereinafter devised or invented, throughout the universe. Copyright in content developed by IBEWA’s clients at their own cost for exploitation through
    the Sites shall vest with the client.
9.4	The software and content may not be used in violation of the intellectual property rights of IBEWA and/or such third parties.
9.5	The trade marks 'RECUE' and "IBEWA" including the RECUE and IBEWA logos are pending trademarks of IBEWA and may not be used in any manner without IBEWA’s
    prior written permission.
9.5.1.	Without limitation on the prohibitions placed on Users, you expressly agree not to:
		Commercially exploit, reproduce, distribute, transmit, display, publish or broadcast any Content obtained from the IBEWA Site and/or Services without the prior written approval of IBEWA, or in the case of third party content, the owner of that content,
9.5.2.	Claim or convey ownership of any Content on the IBEWA Site and/or Services either in its entirety or otherwise,
9.5.3.	Modify the Content on the IBEWA Site and/or Services for the purposes of reposting to other websites,
9.5.4.	Alter or remove any trademark or copyright from the IBEWA Site and/or Services, copy or otherwise incorporate Content available on the IBEWA Site and/or Services into, or store in, other websites, electronic retrieval systems, publications or other works in any form,
9.5.5.	Frame the IBEWA Site and/or Services or any part of the IBEWA Site and/or Services.

10. Disclaimers

10.1	You understand, acknowledge and agree that your use of the IBEWA Site and Services is entirely at your own risk.
10.2	IBEWA does not warrant that you will always be able to communicate with or participate in conversations or otherwise have access to the Services and the Content, including if you or your device does not have reception or if a telecommunications provider on whom you, or IBEWA rely to get the Services, is unavailable.
10.3	While IBEWA will make all reasonable attempts to ensure that the IBEWA Site and Services are always available and accessible and that your Content is uploaded, IBEWA does not provide any warranties or make any representations as to the speed of access that can be expected or that updates or posts will be uploaded or delivered. IBEWA further takes no responsibility for, and will not be liable for, the IBEWA Site being temporarily unavailable or inaccessible for reasons beyond the control of IBEWA.
10.4	You understand and accept that you cannot rely on the IBEWA Site and Services to send any emergency communications.
10.5	You understand that it is your responsibility to acquire and maintain the hardware and internet connectivity necessary to access the IBEWA Site and the Services and you are responsible for paying all fees that are due in respect of the hardware, mobile and Internet connectivity, and bandwidth consumed while accessing the IBEWA Site and Services.
10.6	Not all mobile devices or web browsers will ensure access to the IBEWA Site and Services, and the capabilities of your device may limit the availability of the IBEWA Site and Services on your device.
10.7	IBEWA may suspend the IBEWA Site or Services for any reason, including repairs or upgrades to any of IBEWA’s systems. IBEWA, in its discretion, also reserves the right at any time to change or discontinue any features or other technical aspects of the IBEWA Site or the Services including, but not limited to: Content, hours of availability and equipment needed for access or use of the IBEWA Site.
10.8	IBEWA may suspend your Account pending any investigation into a possible breach by you of the Terms and Conditions or of the Privacy Policy.
10.9	While IBEWA will endeavor to ensure that the information provided by it on the IBEWA Site is accurate and complete, IBEWA makes no warranty about the accuracy, reliability, completeness or timeliness of such information provided to you.
10.10	Where IBEWA provides third party Content, publishes advertisements or provides links to third party websites on the Internet as part of your use of the IBEWA Site or the Service, IBEWA does not:
10.11	Warrant or represent that the third party Content or advertisements are suitable, accurate, correct, complete, reliable, appropriate or lawful or endorse the third party Content or advertisements.
10.12	Your correspondence or dealings with, or participation in promotions and/or competitions of advertisers through the IBEWA Site and/or Services, and any other such terms, conditions, warranties or representations, arise between you and the relevant advertisers.
10.13	You agree that IBEWA shall not be liable for any loss or damage of any nature incurred as a result of any interactions between you and the advertisers, or as a result of the presence of such advertisers on the IBEWA Site and the Services.
10.14	Any information or material placed online, including comments, statements and opinions, are the views and responsibility of those who post such Content and do not necessarily represent the views of IBEWA.
10.15	Due to the interactive nature of the IBEWA Site and the Services, you agree that IBEWA has no control over any Content or communication you receive from any of your Shared items or from any other User.
10.16	You accordingly accept the risk that you may be exposed to unwanted, undesirable or offensive Content that contravenes these Terms and Conditions.
10.17	You have the option to report any such Content, as well as any suspicious behavior by any person making use of the IBEWA site and;or Services, to IBEWA
        as soon as possible after it is posted or noticed so that IBEWA can take appropriate action. Your reporting of another user will remain hidden from the public. Additionally you can at any time send an email (anonymously if you wish) to support@ibewa.com to report users of any suspicious behavior. Reporting of suspicious behavior via email to IBEWA will also be hidden from the public.

11. IBEWA IS NOT LIABLE FOR ANY CLAIM, LOSS, INJURY OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH THE USE OF INFORMATION AND/OR SERVICES AVAILABLE FROM OR THROUGH THE IBEWA SITE OR THE SERVICES, WHETHER DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, ANY LIABILITY RELATING TO ANY LOSS OF USE, INTERRUPTION OF BUSINESS, LOST PROFITS, LOST DATA, OR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND RESULTING FROM: (I) THE ACCESS TO, USE OF, OR BROWSING OF THE IBEWA SITE; (II) DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE IBEWA SITE; AND/OR (III) VIRUSES, BUGS, ERRORS, FAILURES, DELAYS IN COMPUTER TRANSMISSIONS OR NETWORK CONNECTIONS.

12 .YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD IBEWA, ITS AFFILIATES, RELATED COMPANIES, PARENT COMPANIES, SUBSIDIARIES, OFFICERS, DIRECTORS, MEMBERS, AGENTS, LICENSORS AND ANY OTHER PARTNERS AND EMPLOYEES HARMLESS FROM ANY AND ALL CLAIMS, LOSSES, EXPENSES, DAMAGES, ACTIONS, DEMANDS, LIABILITIES OR COSTS, INCLUDING BUT NOT LIMITED TO LEGAL FEES RESULTING OUT OF YOUR USE OF THE IBEWA SITE AND THE SERVICES, INCLUDING WITHOUT LIMITATION:
ANY HARM OR LOSS SUFFERED BY YOU AS A RESULT OF YOUR USE OF THE IBEWA SITE AND/OR THE SERVICES;
ANY VIOLATION OF THESE TERMS AND CONDITIONS OR THE PRIVACY POLICY BY YOU; AND
ANY CONTENT POSTED BY YOU.

13. Breach of the Terms and Conditions, Termination.

13.1	If you are found or are believed to violate any of your obligations as described in these Terms and Conditions, as determined by IBEWA in its absolute and sole discretion, IBEWA may, without limiting or without prejudice to any other right, warranty or indemnity that may be granted to it under these Terms and Conditions, cancel any right, privilege or entitlement you may have hereunder immediately and without prior notice to you, suspend your access to the Service, remove any Content posted by you, and/or ban you for such period as IBEWA may deem appropriate from using the Services, and/or take such other steps as IBEWA may, in its sole and absolute discretion, deem reasonable under the circumstances.
13.2	If IBEWA terminates your Account as provided for in these Terms and Conditions, you must immediately stop using the IBEWA Site and Services.
13.3	Unauthorized use of the IBEWA Site or the Services may give rise to IBEWA instituting a claim for damages against you and/or you may be found guilty of a statutory or criminal offence or you may be liable for civil damages.

14. Jurisdictions and Enforceability

14.1	The Terms and Conditions shall be governed by and interpreted in accordance with the law of the Republic of South Africa. In the event of any legal dispute or action being brought in connection with these Terms and Conditions, the parties agree that the High Court of South Africa, South Gauteng Division, shall have jurisdiction to hear any such disputes and each party hereby consents to such jurisdiction of the courts.
14.2	Without any restriction on your rights to pursue legal recourse in the forum of your choice, you agree that any dispute regarding these Terms and Conditions that cannot be resolved amicably shall, with your consent, first be referred to confidential arbitration in terms of the rules of the Arbitration Foundation of South Africa prior to proceeding to Court, and such arbitration shall be conducted in English in Johannesburg.
14.3	Each provision of these Terms and Conditions shall be severable from the other provisions. Should any provision be found by a Court of competent jurisdiction to be invalid or unenforceable for any reason, the remaining provisions of these Terms and Conditions shall nevertheless remain valid and enforceable.
You agree that for the purpose of giving any notice, the serving of any process and for any other purposes arising from these Terms and Conditions, that IBEWA may send such notices to your cellular telephone number or to your email address, as provided to IBEWA during your registration on the IBEWA Site.

14.4	IBEWA will accept legal service of documents at:
	P.O. Box 740
	Bergbron
	Johannesburg
	1712

14.5	IBEWA will accept general posted mail at:
	P.O. Box 740
	Bergbron
	Johannesburg
	1712

IBEWA’s website address is ibewa.com and IBEWA can be emailed at accounts@ibewa.com.

15.General

15.1 You may not cede, assign, delegate or in any other way alienate or dispose of any or all of your rights and obligations under and in terms of these Terms and Conditions without the prior written approval of IBEWA.

15.2 IBEWA shall be entitled to cede, assign or otherwise transfer this agreement or its rights in terms of the agreement without your prior consent and without giving notice to you.

15.3 All rights not expressly granted to you in these Terms and Conditions shall remain in favor of IBEWA.

15.4 These Terms and Conditions, read together with the Privacy Policy, constitute the whole agreement between you and IBEWA and, except to the extent otherwise provided in these Terms and Conditions, and the Privacy Policy, no undertaking, representation, term or condition relating to any subject matter covered in these Terms and Conditions, and the Privacy Policy which is not expressly incorporated in these Terms and Conditions and the Privacy Policy, shall be binding on any of the parties.

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IBEWA PRIVACY POLICY:
[Last updated 01/06/2021]
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IBEWA is committed to protecting your privacy and to complying with any applicable information protection legislation in South Africa. This Privacy Policy sets out how IBEWA processes your personal information.

Please read these Terms and Conditions carefully before making use of the IBEWA Site or any of our Services. You will be subjected to the Terms and Conditions in force at the time that you use the IBEWA Site. For the avoidance of doubt, the Terms and Conditions available on the IBEWA Site each time you use the IBEWA Site or any of our Services shall govern the relevant session.

1. Definitions

In these Terms and Conditions, the following definitions shall apply:

Please see the definitions in the General Terms and Conditions of Use.

2. By using the IBEWA Site, by registering as a User or creating an Account on the IBEWA Site, by participating in any of the services on the Site, by accessing
 and using any of the Services, and/or by submitting personal information to IBEWA, you agree to, and are bound by, these Terms and Conditions and IBEWA’s Privacy Policy. If you do not agree with these Terms and Conditions or with the Privacy Policy, you may not use the IBEWA Site, nor may you create an Account or participate in any of the services offered by the IBEWA Site.

3. General Privacy Policy in respect of Users

IBEWA may process your personal information for the following purposes:
3.1	to provide you with access to the IBEWA Site and/or Services
3.2	to communicate information to you including critical alerts and other notices relating to the IBEWA Site and/or Services, and to contact you for consumer-care related purposes
3.3	to compile aggregated statistics about use of the IBEWA Site and/or Services
3.4	to develop and improve the IBEWA Site and/or Services, by, for example, comparing the personal information that IBEWA holds about you against the personal information collected by IBEWA in connection with your use of the IBEWA Site and/or Services and
3.5	to personalize any marketing directed at you, including displaying IBEWA’s and/or IBEWA Clients’ content, and to, for example, make recommendations and display customized content and advertising on the IBEWA Site or via the Services.
3.6	The IBEWA Site and Services are typically intended for use by industry relevant consumers and/or suppliers and are not intended for persons under the age
of 18.
3.7 IBEWA does not knowingly collect personally identifiable information from Users under the age of 18 without the consent of their parents or guardians. If
you are under 18 years of age and you register for Services on the IBEWA Site, you undertake to inform your parents or guardians that you have registered for and are using IBEWA and / or its Services, and upon request will provide reasonable proof that you have informed your parents or guardians and that they have consented to such registration and use.
3.8	Privacy and security are key considerations in the creation and delivery of the IBEWA Site and Services, and IBEWA will take all reasonable steps to ensure
that your personal information is stored securely.
3.9	IBEWA takes reasonable steps to ensure that the personal information that it processes is accurate and shall delete incorrect or unnecessary personal
information. You agree to provide IBEWA with accurate personal information and to keep such information updated.
3.10	As the IBEWA Site allows you to manage your Account, IBEWA encourages all Users to update their personal information from time to time to ensure that it
 is correct. Upon reasonable request, IBEWA will allow you to have access to the personal information stored by it that is not accessible on your Account, and will allow you to update such information.  It is your responsibility to ensure that the personal information that you have provided to IBEWA is up to date and correct.
3.11	IBEWA accepts that you may wish to create an anonymous User Name for your Profile, which ensures that other Users will not be able to access your real
name.  While you may create such an anonymous User Name, the personal details that you provide to IBEWA when creating a Profile, including your real name, must be accurate. IBEWA will take all reasonable steps to ensure the privacy of your real name in these circumstances.
3.12	Should you request IBEWA to delete or to stop processing your personal information, IBEWA will not be able to continue to provide you with access to the
 IBEWA Site and/or Services. Please note that IBEWA may need to identify you and ask for additional information in order to meet your request.


4. Disclosure of Personal Information

4.1	IBEWA will not sell, lease, rent or otherwise disclose your personal information to third parties unless otherwise stated below.
4.2	You are accordingly informed and, by accessing and using the IBEWA Site and/or Services, you agree to IBEWA monitoring and/or intercepting any communication that you have sent or received through your use of the IBEWA Site and/or Services.
4.3	You understand that IBEWA may not notify you in the event that IBEWA is required by law to monitor and/or intercept your communications and that, if required by law, IBEWA will disclose such communications together with your personal information to the relevant law enforcing authority.
4.4	IBEWA reserves the right to disclose aggregated information regarding its Users and usage of the IBEWA Site and/or Services (such as member demographics and traffic patterns) to, amongst others, IBEWA Clients and Advertisers, and you hereby expressly consent to such disclosure.
4.5	You agree and expressly consent to IBEWA using your information to contact you about promotions and competitions either via the IBEWA Site and/or Services, or by utilizing any of your other contact details provided to IBEWA.
4.6	You agree and expressly consent to IBEWA having the option of sharing your personal information with third parties, including IBEWA Clients and Advertisers, for marketing and promotional activities either via the IBEWA Site and/or Services, or by utilizing any of your other contact details provided to IBEWA, but IBEWA will exercise its discretion to do so only if it believes that this is likely to provide a real benefit to you. In no way whatsoever will IBEWA allow third parties to use your information for spam purposes. You may unsubscribe from marketing and promotional messages and may request that IBEWA stops processing your personal information for direct marketing or market research purposes.
4.7	To the extent that you choose to opt-out of receiving marketing and other communications from IBEWA, IBEWA Clients and/or Advertisers, you understand and accept that IBEWA may still send you critical alerts pertaining to the IBEWA Site and/or Services or contact you for these purposes.
4.8	IBEWA will only make your personal information available to third parties, including IBEWA Clients and Advertisers, in cases where a confidentiality agreement prohibits such third parties from disclosing the personal information.
4.9	Due to the nature of Internet connectivity, your communications may be transmitted through countries other than the country where you are located. As such, you understand and accept that IBEWA may transfer your personal information to countries other than the one in which you reside if it is deemed necessary or beneficial by IBEWA in the rendering of the IBEWA Site and/or Services. If such transfer is performed, IBEWA will only do so where a confidentiality agreement prohibits the disclosure of the personal information.
4.10	You agree that, unless communication over the Internet has been encrypted, it is not secure.  IBEWA encrypts your communication and you agree that IBEWA
 is not responsible for any unauthorized access to your communications by way of interception or monitoring.
4.11	You understand and accept that some of your personal information, including but not limited to your User Name, your gender, your region or province of
residence and your latest activity on IBEWA may be publicly accessible to other Users on the IBEWA Site.
4.12	You agree not to disclose personal information such as your telephone number, street address, last name, e-mail address or other contact details so that it is publicly accessible to other Users or third parties. IBEWA is not responsible for any harm you may suffer resulting from your failure to comply with this undertaking.
4.13	You agree and expressly consent to IBEWA sharing your personal information with Broadcasters, Publishers and Royalty Collecting Societies for the sole
purposes of submitting and sharing Content generated on the IBEWA Site in any manner or form, including but not limited to the generating of music cue sheet documents, final control sheet documents and any other document type the IBEWA Site may support now or in the future.

5.The Use of Cookies

5.1	The IBEWA Site makes use of “cookies”. Cookies are small text files that are stored by your Internet browser on your internet-enabled device. Cookies are
used to provide IBEWA with information about your preferences on the IBEWA Site so that IBEWA can provide you with better and more customized content and services when you return to the IBEWA Site.
5.2	The only personal information a cookie can contain is information you supply yourself and it cannot read information on your hard drive or information that is stored on your device.  You can set your Internet browser to notify you when you are going to be sent a cookie, giving you the opportunity to decide whether or not to accept it.
5.3 It is noted that, should you disable cookies in your browser, you will loose certain functionality on the IBEWA Site and/or Services.

6. Undertakings by IBEWA Clients, Advertisers and Users

6.1	All IBEWA Clients, Advertisers and Users are required to ensure compliance with this Privacy Policy at all times and, in particular, to the extent that the IBEWA Site and/or Services are used to access or use the personal information of any User in any way.
6.2	All IBEWA Clients, Advertisers and Users further undertake not to violate or infringe the privacy of any User in any manner through the IBEWA Site and/or Services or otherwise, and to comply with all applicable laws in this regard.

7. Indemnity

7.1	The IBEWA Site may contain links to IBEWA Clients’ or Advertisers’ websites and services that may have adopted their own privacy policies. IBEWA advises that you read the privacy policies of any such other websites or services.  IBEWA is not responsible for any of the privacy practices of IBEWA Clients or Advertisers.
7.2	THE USER HEREBY INDEMNIFIES IBEWA FROM ANY AND ALL LIABILITY ARISING OUT OF IBEWA CLIENTS’, ADVERTISERS’ AND/OR USERS’ FAILURE TO ADHERE TO THE TERMS OF THIS PRIVACY POLICY, AS AMENDED FROM TIME TO TIME.

8. The Controller of the Personal Information

In matters connected with this Privacy Policy, you may contact IBEWA at:
support@ibewa.com or via post at P.O. Box 740 Bergbron, 1712, Johannesburg, South Africa.

9. Changes to this Privacy Policy

9.1	This Privacy Policy is subject to change at any time and IBEWA may change, modify or withdraw access to the IBEWA Site and/or Services at any time with or without notice, unless the Privacy Policy is changed in a material, adverse way, in which case IBEWA will post a notice advising of such change at the beginning of this Privacy Policy and on the IBEWA Site’s home page for 30 days.
9.2	You accept that any changes to the Privacy Policy will be binding on you, and that your use of the IBEWA Site and/or Services will at all times be subject to the Privacy Policy that is in force at the time that you use the IBEWA Site and/or Services. For the avoidance of doubt, the Privacy Policy available on the IBEWA Site each time you use the IBEWA Site or any of our Services shall govern the relevant session. Your continued use of the IBEWA Site and/or Service after the effective date of a change will amount to acceptance by you of the changed policy.
9.3	IBEWA recommends that you re-visit this Privacy Policy from time to time to learn of any such changes.  The latest version of the Privacy Policy is available at recue.co.za/terms.php