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Terms of Use

Last updated: 1 June 2020

OVERVIEW

Morz Group (Pty) Ltd (“company”, “we”, “us”, or “our”) provides various products and services, some of which are made available through dedicated websites (“Site(s)”) and applications (“App(s)”) as well as any other media form, media channel, mobile website or application related, linked, or otherwise connected thereto.. 

These Terms of Use apply to all information collected through any of our Sites (such as morzgroup.com), Apps and/or any related services, sales, marketing or events.

The list of Sites and/or Apps to which these Terms of Use apply to are:

Websites

Anything associated with the following domains:

  • morzgroup.com
  • morzaviation.com
  • groundschool.aero
  • nobadsurprises.com

Applications

Anything associated with the following applications. Links to the specific applications in their relevant store are available at https://ww.morzgroup.com/ under “Products”.

  • Ground School
  • Flight Tools
  • Flight Briefing
  • No Bad Surprises

AGREEMENT TO TERMS

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Morz Group (Pty) Ltd, concerning your access to and use of our Sites and/or Apps. You agree that by accessing the Sites and/or Apps, you have read, understood, and agree to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITES AND/OR APPS AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental Terms of Use or documents that may be posted on any of the Sites and/or Apps from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the” Last updated” date of these Terms of Use and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Sites and/or Apps after the date such revised Terms of Use are posted. 

The information provided on the Sites and/or Apps is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Sites and/or Apps from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Sites and/or Apps are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or sign up for the Sites and/or Apps.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Sites and/or Apps are our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Sites and/or Apps (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the Republic of South Africa, foreign jurisdictions, and international conventions. The Content and the Marks are provided on the Sites and/or Apps “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Sites and/or Apps and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Sites and/or Apps, you are granted a limited license to access and use the Sites and/or Apps and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Sites and/or Apps, the Content and the Marks.

USE OF SITES AND/OR APPS

You may only use the Sites and/or Apps, and associated products, services and content for their intended use and shall not use the them for any other purposes.

Our Sites and/or Apps, and associated products, services and content are licensed to a single human-user, and where access needs to be purchased, to a single human-user per purchase. We do not allow accounts to be shared. Each individual person who requires access to content that requires the purchase of a product or service must create their own account and purchase the relevant product(s) or service(s). We reserve the right to implement access control policies that restrict access to only one user per account at a time as well as the right to revoke access to accounts that are sharing access with more than one human-user.

USER REPRESENTATIONS

By using the Sites and/or Apps, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use;  (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Sites and/or Apps through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Sites and/or Apps for any illegal or unauthorized purpose; and (7) your use of the Sites and/or Apps will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Sites and/or Apps (or any portion thereof).

USER REGISTRATION

You may be required to register on the Sites and/or Apps. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

FEES AND PAYMENT

We accept the following forms of payment:

  • Electronic Fund Transfer (morzaviation.com only)
  • Payments made through the following payment processors:
    • PayFast
    • FastSpring

You may be required to purchase or pay a fee to access some of our services. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Sites and/or Apps. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed.  We may bill you through an online billing account for purchases made via the Sites and/or Apps. Sales tax may be added to the price of purchases as deemed required by us. We may change prices at any time.

You agree to pay all charges or fees at the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon making your purchase. If your purchase is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until you notify us of your cancellation.

We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through the Sites and/or Apps.

When choosing to pay with one of our supported payment processors, you are also agreeing to abide by their terms of use, or equivalent terms. We cannot be held responsible for any charges to you arising out of your use of these processors. If you have a query about a transaction, or a declined transaction, this needs to be addressed with the payment processor directly, and you agree to accept the responsibility to do so and absolve us of any responsibility in the matter.

CANCELLATION

You can cancel your subscription at any time by logging into your account or by contacting us. Your cancellation will take effect at the end of the current paid term.         

SOFTWARE

We may include software for use in connection with our services. If such software is accompanied by an end user license agreement (“EULA”), the terms of the EULA will govern your use of the software. If such software is not accompanied by an EULA, then we grant to you a non-exclusive, revocable, personal, and non-transferable license to use such software solely in connection with our services and in accordance with these Terms of Use. Any software and any related documentation is provided “AS IS” without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. You accept any and all risk arising out of use or performance of any software. You may not reproduce or redistribute any software except in accordance with the EULA or these Terms of Use.

PROHIBITED ACTIVITIES

You may not access or use the Sites and/or Apps for any purpose other than that for which we make them available. The Sites and/or Apps may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.

As a user of the Sites and/or Apps, you agree not to:

  1. Systematically retrieve data or other content from the Sites and/or Apps to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
  2. Make any unauthorized use of the Sites and/or Apps, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences.
  3. Use a buying agent or purchasing agent to make purchases on the Sites and/or Apps.
  4. Use the Sites and/or Apps to advertise or offer to sell goods and services.
  5. Circumvent, disable, or otherwise interfere with security-related features of the Sites and/or Apps, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Sites and/or Apps and/or the Content contained therein.
  6. Engage in unauthorized framing of or linking to the Sites and/or Apps.
  7. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
  8. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
  9. Make improper use of our support services or submit false reports of abuse or misconduct.
  10. Interfere with, disrupt, or create an undue burden on the Sites and/or Apps or the networks or services connected to the Sites and/or Apps.
  11. Attempt to impersonate another user or person or use the username of another user.
  12. Sell or otherwise transfer your profile.
  13. Use any information obtained from the Sites and/or Apps in order to harass, abuse, or harm another person.
  14. Use the Sites and/or Apps as part of any effort to compete with us or otherwise use the Sites and/or Apps and/or the Content for any revenue-generating endeavour or commercial enterprise.
  15. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Sites and/or Apps.
  16. Attempt to bypass any measures of the Sites and/or Apps designed to prevent or restrict access to the Sites and/or Apps, or any portion of the Sites and/or Apps.
  17. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Sites and/or Apps to you.
  18. Delete the copyright or other proprietary rights notice from any Content.
  19. Copy or adapt the Sites’ and/or Apps’ software, including but not limited to Flash, HTML, JavaScript, CSS, C#, or other code.
  20. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Sites and/or Apps or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Sites and/or Apps.
  21. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”.
  22. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Sites and/or Apps, or using or launching any unauthorized script or other software.
  23. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Sites and/or Apps.
  24. Use the Sites and/or Apps in a manner inconsistent with any applicable laws or regulations.        

USER GENERATED CONTRIBUTIONS

The Sites and/or Apps may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Sites and/or Apps, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Sites and/or Apps and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:

  1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
  2.  You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Sites and/or Apps, and other users of the Sites and/or Apps to use your Contributions in any manner contemplated by the Sites and/or Apps and these Terms of Use.
  3. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Sites and/or Apps and these Terms of Use.
  4.  Your Contributions are not false, inaccurate, or misleading.
  5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
  6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libellous, slanderous, or otherwise objectionable (as determined by us).
  7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
  8. Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
  9. Your Contributions do not violate any applicable law, regulation, or rule.
  10. Your Contributions do not violate the privacy or publicity rights of any third party.
  11. Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
  12. Your Contributions do not violate any federal or state law concerning child pornography, or otherwise intended to protect the health or well-being of minors;
  13. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
  14. Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.

Any use of the Sites and/or Apps in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Sites and/or Apps.       

CONTRIBUTION LICENSE 

By posting your Contributions to any part of the Sites and/or Apps or making Contributions accessible to the Sites and/or Apps by linking your account from the Sites and/or Apps to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.

This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Sites and/or Apps. You are solely responsible for your Contributions to the Sites and/or Apps and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Sites and/or Apps; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions. 

GUIDELINES FOR REVIEWS       

We may provide you with areas on the Sites and/or Apps to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have first-hand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.    

We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.              

APPLICATION LICENSE

Use License  

If you make use of the Apps, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the Apps on wireless electronic devices owned or controlled by you, and to access and use the Apps on such devices strictly in accordance with the terms and conditions of this application license contained in these Terms of Use. You shall not: (1) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the Apps; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the Apps; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the Apps; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application; (5) use the application for any revenue generating endeavour, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application; (8) use the application to send automated queries to any website or to send any unsolicited commercial e-mail; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.

Apple, Android and Windows Devices

The following terms apply when you use an Apps obtained from either the Apple Apps Store, Google Play Store and/or Microsoft Store (each an “App Distributor”): (1) the license granted to you for our Apps is limited to a non-transferable license to use the Apps on a device that utilizes the Apple iOS, iPadOS, Android or Windows 10 operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms and conditions, or Terms of Use as applicable; (2) we are responsible for providing any maintenance and support services with respect to the Apps as specified in the terms and conditions of this application license contained in these Terms of Use or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the App; (3) in the event of any failure of the Apps to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the App; (4) you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the Apps; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this application license contained in these Terms of Use, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this application license contained in these Terms of Use against you as a third-party beneficiary thereof.            

SOCIAL MEDIA

As part of the functionality of the Sites and/or Apps, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the Sites and/or Apps; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Sites and/or Apps via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Sites and/or Apps. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Sites and/or Apps. You will have the ability to disable the connection between your account on the Sites and/or Apps and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your device solely for purposes of identifying and informing you of those contacts who have also registered to use the Sites and/or Apps. You can deactivate the connection between the Sites and/or Apps and your Third-Party Account by contacting us or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.

SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Sites and/or Apps (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

THIRD-PARTY WEBSITES AND CONTENT    

The Sites and/or Apps may contain (or you may be sent via the Sites and/or Apps) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Sites and/or Apps or any Third-Party Content posted on, available through, or installed from the Sites and/or Apps, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Sites and/or Apps and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Sites and/or Apps or relating to any applications you use or install from the Sites and/or Apps. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

Sign with Third-Party Providers

We support signing in with third-party (external) providers on some of our Sites and Apps. If you make use of this feature, you also agree to whatever terms the third-party provider requires you to agree to. If you remove the link between the third-party provider and our Sites and/or Apps you accept that you may lose access to your content on our systems, even if that content was purchased. You shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party integration with your account on our system.

ADVERTISERS   

We allow advertisers to display their advertisements and other information in certain areas of the Sites and/or Apps, such as sidebar advertisements or banner advertisements. If you are an advertiser, you shall take full responsibility for any advertisements you place on the Sites and/or Apps and any services provided on the Sites and/or Apps or products sold through those advertisements. Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Sites and/or Apps, including, but not limited to, intellectual property rights, publicity rights, and contractual rights. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.

SITE MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Sites and/or Apps for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Sites and/or Apps or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Sites and/or Apps in a manner designed to protect our rights and property and to facilitate the proper functioning of the Sites and/or Apps.

PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy at: https://morzgroup.com/privacy-policy. By using the Sites and/or Apps, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised the Sites is hosted on servers located in South Africa and the EU. If you access the Sites and/or Apps from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in South Africa and the EU, then through your continued use of the Sites and/or Apps, you are transferring your data to South Africa and/or the EU, and you expressly consent to have your data transferred to and processed in South Africa and the EU.

Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. If we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Sites and/or Apps as quickly as is reasonably practical.                

COPYRIGHT INFRINGEMENTS

We respect the intellectual property rights of others. If you believe that any material available on or through the Sites and/or Apps infringes upon any copyright you own or control, please immediately notify us. A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Sites and/or Apps infringes your copyright, you should consider first contacting an attorney.

TERM AND TERMINATION

These Terms of Use shall remain in full force and effect while you use the Sites and/or Apps. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITES AND/OR APPS (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITES AND/OR APPS OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation, pursuing civil, criminal, and injunctive redress.

MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Sites and/or Apps at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Sites and/or Apps. We also reserve the right to modify or discontinue all or part of the Sites and/or Apps without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Sites and/or Apps. 

We cannot guarantee the Sites and/or Apps will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Sites and/or Apps, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Sites and/or Apps at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Sites and/or Apps during any downtime or discontinuance of the Sites and/or Apps. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Sites and/ Apps or to supply any corrections, updates, or releases in connection therewith.

GOVERNING LAW

These Terms of Use and your use of the Sites and/or Apps are governed by and construed in accordance with the laws of the Republic of South Africa, applicable to agreements made and to be entirely performed within the Republic of South Africa, without regard to its conflict of law principles. 

DISPUTE RESOLUTION

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least ninety (90) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE HAD THE RIGHT TO SUE IN COURT. The arbitration shall be commenced and conducted under rules of the Arbitration Foundation of Southern Africa (“AFSA”). The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AFSA rules or applicable law, the arbitration will take place in Port Elizabeth, South Africa. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in Port Elizabeth, South Africa, and the Parties hereby consent to, and waive all defences of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use.   

In no event shall any Dispute brought by either Party related in any way to the Sites and/or Apps be commenced more than one (1) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

CORRECTIONS

There may be information on the Sites and/or Apps that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Sites and/or Apps at any time, without prior notice.

DISCLAIMERS

THE SITES AND/OR APPS ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITES AND/OR APPS AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITES AND/OR APPS AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S AND/OR APPS CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITES AND/OR APPS AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITES AND/OR APPS, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITES AND/OR APPS, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITES AND/OR APPS BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITES AND/OR APPS. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITES AND/OR APPS, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. THIS DISCLAIMER ALSO APPLIES TO ANY COMMUNICATION WITH US THAT IS ASSOCIATED WITH THE SITES AND/OR APPS.

External links disclaimer

The Sites and/or Apps may contain (or you may be sent through the Sites and/or Apps) links to other websites or content belonging to or originating from third parties or links to websites and features in banners or other advertising. Such external links are not investigated, monitored, or checked for accuracy, adequacy, validity, reliability, availability or completeness by us. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY INFORMATION OFFERED BY THIRD-PARTY WEBSITES LINKED THROUGH THE SITES AND/OR APPS OR ANY WEBSITE OR FEATURE LINKED IN ANY BANNER OR OTHER ADVERTISING. WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

Professional disclaimer

Aviation

The Sites and/or Apps cannot and does not contain aviation advice. The aviation information is provided for general informational and educational purposes only and is not a substitute for professional advice. Accordingly, before taking any actions based upon such information, we encourage you to consult with the appropriate professionals. We do not provide any kind of aviation advice. THE USE OR RELIANCE OF ANY INFORMATION CONTAINED ON OUR SITES OR APPS IS SOLELY AT YOUR OWN RISK. THIS DISCLAIMER ALSO APPLIES TO ANY COMMUNICATION WITH US THAT IS ASSOCIATED WITH THE SITES AND/OR APPS.

Affiliates disclaimer

The Sites and/or Apps may contain links to affiliate websites, and we may receive an affiliate commission for any purchases made by you on the affiliate website using such links. Our affiliates include the following:

  • No affiliate networks are currently in use.

Testimonials disclaimer

The Sites and/or Apps may contain testimonials by users of our products and/or services. These testimonials reflect the real-life experiences and opinions of such users. However, the experiences are personal to those particular users, and may not necessarily be representative of all users of our products and/or services. We do not claim, and you should not assume, that all users will have the same experiences. YOUR INDIVIDUAL RESULTS MAY VARY.

The testimonials on the Sites and/or Apps are submitted in various forms such as text, audio and/or video, and are reviewed by us before being posted. They appear on the Sites and/or Apps verbatim as given by the users, except for the correction of grammar or typing errors. Some testimonials may have been shortened for the sake of brevity where the full testimonial contained extraneous information not relevant to the general public.

The views and opinions contained in the testimonials belong solely to the individual user and do not reflect our views and opinions. We are not affiliated with users who provide testimonials, and users are not paid or otherwise compensated for their testimonials.

LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITES AND/OR APPS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR 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 US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorney’s fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Sites and/or Apps; (3) breach of these Terms of Use; (4) any breach of your representations and warranties set forth in these Terms of Use; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Sites and/or Apps with whom you connected via the Sites and/or Apps. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

USER DATA

We will maintain certain data that you transmit to the Sites and/or Apps for the purpose of managing the performance of the Sites and/or Apps, as well as data relating to your use of the Sites and/or Apps. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Sites and/or Apps. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

Account Deletion

We allow you to completely remove your account with us. Please note that if we are required to keep certain information for legal purposes, such as, but not limited to, a record of purchases for tax reasons, we will still keep this data. However, any information not required will be deleted. This is not a “soft-delete”, so if you do delete your account, you will lose access to any content associated with your account and there is no way for us to recover that access or any other details related to your account such as your usage history. We do not allow account deletions through a contact form as this would allow malicious users to request the account deletion of other users.

If you have created a user account on our Sites and/or Apps which contain purchasable content, but have not purchased anything for 1 month, we reserve the right to remove your account or account history without warning or notifying you thereof. If you have purchased something, this extends to 1 year from the date you last signed into the Site and/or App. This does not guarantee that we will remove your account or account data at that time, only that we reserve the right to – the actual time may be longer.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting or using the Sites and/or Apps, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Sites and/or Apps, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITES AND/OR APPS. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

RETURNS/REFUND POLICY

Certain goods by reason of their nature cannot be returned during the cooling-off period defined in the ECT Act, such as eBooks, eMagazines, eCourses or electronic vouchers. These constitute all of the types of products we offer. If you have any problems with these types of digital goods, please contact us. We will do our best to resolve the problem. Please note that we reserve the right to revoke access to our content if you indicate the intention to cancel an electronic transaction in terms of section 44 of the ECT Act.

Even though we are not required to offer refunds due to the nature of our products, services and their content, we nevertheless will provide a refund within 7 (seven) days of purchase provided the other conditions as set out in these Terms of Use are met. If 7 days have gone by since your purchase, unfortunately, we cannot offer you a refund or exchange as this can lead to abuse. Refunds are only offered when no use of the product or service purchased has taken place, this includes accessing the content even if merely to view it. Due to abuse, unfortunately, we can’t offer you a refund or exchange on a purchase where the product, service or content associated with it has already been used.

When processing refunds, a service fee of 10% of the refund or R10.00, €1.00, $1.00, £1.00, A$ 1.00 (whichever is higher) is charged per payment depending on the currency you paid with. If you did not use one of the before-mentioned currencies to make payment, then the equivalent of the EUR in your payment currency at the time of processing the order will be used. Any service charges by third parties required to process the original payment as well as the refund, as known by us at the time of processing, such as, but not limited to, bank or payment processor fees, will also be deducted from the indicated refunded amount.

Please note that these fees only apply to you agreeing to our normal refund process. Should we be required to undertake extra work than merely processing the refund, we reserve the right to charge an appropriate fee above what has already been mentioned.

In some cases, the payment processor may take a portion of the refund amount as an extra fee to process the refund. We cannot guarantee if this will occur and how much this amount will be. By accepting a refund offer by us, you also accept that the final amount may be lower than expected due to the extra fees charged by the payment processor.

As we use third-party payment processors, we are reliant on them to process the refund. We cannot be held liable for delays in processing the refund caused by a third-party. Once we have requested the refund to be processed, you will be responsible for following up with the payment processor if there is a delay in processing the refund.

We may, entirely at our discretion, offer to completely refund or exchange your order without fees if we feel that the unique circumstances surrounding your order necessitate such action. Should this be the case, it in no way entitles you, or other users the same privileges in future or for past purchases. We will consider each refund on a case-by-case basis on its individual merit and our decision on the matter is final.

SUPPORT

Purchasing of products or services does not entity you to support on them, unless the support is of a technical nature to do with accessing your purchase. We will try to provide other support such as answering questions concerning the content on our Sites and/or Apps, but this is on a “best-effort” basis and we make no guarantee of if we will reply and the accuracy of the reply if sent.

CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by us on the Sites and/or Apps or in respect to the Sites and/or Apps constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Sites and/or Apps. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

CONTACT US

In order to resolve a complaint regarding the Sites and/or Apps or to receive further information regarding use of the Sites and/or Apps, please contact us at: info@morzgroup.com.