Terms of use – Triggerfish Academy

TRIGGERFISH ACADEMY PLATFORM TERMS AND CONDITIONS OF USE AND SERVICE

By accessing or using https://academy.triggerfish.com/ or any of its related blogs, websites or platforms (collectively, “the Website”), owned by Triggerfish Animation Academy (Pty) Ltd. (reg: 2017/470162/07) (“the Academy”), a private limited liability company registered and operating in accordance with the laws of South Africa, you agree that you have read, understood and agree to be bound to the terms and conditions contained herein (the “Terms”). All rights in and to the content of the Website remain at all times expressly reserved by the Academy.

Please see the Academy’s distinct sections on Intellectual Property, and Disclaimers & Indemnities.

Please read these terms carefully before accessing or using the Website and/or Services. The Academy will assume you have read and understood these terms should you continue to access or make use of the Website and/or Services.

It is important to note the following:

The terms “user”, “you” and “your” are used interchangeably in these Terms and refer to all persons accessing the Website for any reason whatsoever. Accordingly, the terms “us”, “our” or “we” refers to the Academy or its possession.
Not all terms are necessarily defined in order.
These terms were last updated on 28 September 2021.

1. INTRODUCTION TO THE WEBSITE AND SERVICES
  1. The Academy provides an online information and content platform which allows, amongst other things, private users to engage with information provided by other users or the Academy itself, provide their own content to other users (“User Content”), and/or participate in the Triggerfish Academy Programme (“the Programme”), all for the purposes of advancing South African students’ knowledge and experience in the animation industry (“the Services”).
  2. Most of the Services are free to use, but depending on the exact Services used on the Website, users may need to pay a fee to the Academy, which fee shall be determined as per these Terms and Website-provided information, and explained to a user before incurring any fee.
  3. These Terms explain the conditions applicable to all users of the Website and/or the Services.
  4. In order to use many of the Services, users must register on the Website using the prompted methods and submit any required information to create a “Profile”.
  5. The Website and these Terms are subject to change without notice. These Terms are updated or amended from time to time and will be effective upon the Academy uploading the amended Terms to the Website. Your continued access or use of the Website constitutes your acceptance to be bound by the Terms, as amended. It is your responsibility to read these Terms periodically to ensure you are aware of any changes.
  6. Supplemental terms may apply to certain Services, such as policies for a particular activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to and shall be deemed incorporated into the Terms for the purpose of the Services.
  7. Unauthorised use of the Website or a breach of these Terms by a user may give rise to a claim for damages and/or be a criminal offence.
2. RELATIONSHIP BETWEEN THE PARTIES

THE ACADEMY PROVIDES SOFTWARE AND GENERAL EDUCATION SERVICES ONLY AND DOES NOT PROVIDE ANY REGULATED EDUCATIVE, ADVISOR NOR OTHER SPECIFICALLY REGULATED SERVICE AT ALL, APART FROM GENERAL CONSUMER SERVICES. ALL TOOLS PROVIDED ON THE WEBSITE OR AS PART OF THE SERVICES ARE FOR GENERAL INFORMATION PURPOSES ONLY, WHERE ANY FORMAL ENGAGEMENT BETWEEN USERS FACILITATED BY THE WEBSITE IS BETWEEN THEM PRIVATELY, AND FOR WHICH THE ACADEMY HOLDS NO RESPONSIBILITY.

1. 1. Your use of the Website and/or the Services is entirely at the relevant party’s own risk.
  2. Although the Academy carefully curates Profiles and User Content prior to being placed on the Website, the Academy is not responsible for the quality or standard of any information advertised or displayed on any Profile or as part of any User Content, or derived from any tool used on the Website.

Users understand that they or other users may be from jurisdictions, including South Africa, which may require regulation of the information and/or actions provided by users to each other. The Academy does not in any way verify nor confirm the adherence by same users with any such laws to which they are subject. It is therefore vital for each user to understand and be aware that they are fully responsible for any legal obligations resting on them in either providing or accepting the services or information from any such regulated user.

1. USER REGISTRATION PROCESS
  1. In order to become a user of many Services on the Website and make use of it or the Services, you must complete the necessary registration process detailed on the Website and acquire a Profile. Each user shall have only one (1) Profile and agrees to provide accurate, current and complete information during the registration process and to update such information as and when it changes.
  2. The Academy requires you to submit your full name, e-mail address, nickname and password when registering a Profile. Users may then setup additional features of their Profile, including adding their User Content, which setup may require further information to be submitted, as prompted by the Website.
  3. To protect your privacy and security, the Website takes reasonable steps to verify your identity by requiring you to input your chosen password in order to grant access to your Profile and data. To view or change your personal information provided, you can log into your Profile on the Website and update your information yourself, or you could contact us to assist you to update your personal information.
  4. By entering your personal information on the Website, you warrant that the person using the Website is you and/or you have the legal authority to act on behalf of a corporate entity. You are responsible for your Profile and all actions perpetrated therewith and thereon, and you should not share your log-in details or password with anyone.
  5. By submitting your personal information to the Website for its use in a Profile, you consent to the Academy using this information to facilitate a connection between you and another user.
  6. Please see the Academy’s Privacy Policy regarding more details on how the Academy uses and processes your personal information.

THE ACADEMY SERVICES AND PROGRAMME

1. Users must register a Profile using the relevant tools on the Website, to access most of the Services.
2. Once registered, the user is allocated a unique Profile which is under their control and which can be manipulated by the relevant Profile owner using the various tools made available on the Website. Some of the features of the Website used by a user may automatically make adjustments or manipulate a Profile in accordance with the tool’s functions.

General:

As part of the general Services available, users can, amongst other things, do the following by adhering to the relevant prompts on the Website:
1. download and view certain content provided by the Academy and its affiliates, as well as access links to other useful content provided on other platforms such as YouTube;
2. create and upload User Content to the Website as well as linked platforms;
3. engage in a public chat forum relating to the Programme and other topics;
4. sign-up for newsletters; and
5. enter into competitions in terms of which winning submissions will be showcased on the Website for users to view.

The Academy Programme:

The Academy runs the Programme which seeks to introduce any interested individuals to the exciting world of animation, as well as train users in core skills and understandings required to be an animator in South Africa, and generally.
In order to join the Programme, users must follow the prompts on the Website and register a Profile.
All of the content provided by the Academy for the Programme which is accessible on the Website is the sole property of the Academy. Any User Content which is uploaded to the Website for any purpose shall remain the sole property of the User, subject to the Intellectual Property considerations below. The user however agrees to grant to the Academy a non-exclusive license to utilise the User Content whilst on the Website. Please see the Intellectual Property section below for more details on intellectual property protection.

1. USER RESPONSIBILITIES AND WARRANTIES
  1. By using the Website and/or the Services, you warrant that:
    1. you have read and agreed to these Terms and will use the Website in accordance with them;
    2. you have not made any misrepresentations and the information provided in the Profile registration process is true, accurate and complete;
    3. your use of the Services and/or your actions or contributions facilitated via the Website are all within your legal right to do so as per any applicable country’s legislation to which you are required to adhere to (such as laws pertaining to intellectual property relating to using certain footage) and indemnify the Academy from any liability accrued by virtue of your use of the Website and/or Services and/or actions perpetrated thereon;
    4. you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website and Services only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to the Terms and to be liable and responsible for you and all of your obligations under the Terms;
    5. you will not post, upload, replicate or transmit any abusive or inappropriate content on the Website that is or could reasonably be considered, in the Academy’s sole discretion, to be threatening, harassing, inappropriate, defamatory, abusive, racist, sexist, discriminatory, in breach of confidence, in breach of privacy or restrict any user in any way from properly using or enjoying the Website;
    6. you will not send any unsolicited electronic messages or use any software, routine or device to interfere or attempt to interfere electronically or manually with the operation or functionality of the Website including but not limited to uploading or making available files containing corrupt data or viruses via whatever means or deface, alter or interfere with the front end ‘look and feel’ of the Website or the underlying software code;
    7. you will not infringe any third party or the Website’s intellectual property or other rights or transmit content that the user does not own or does not have the right to publish or distribute;
    8. you will not use the Website platform or its Services for any purpose other than as expressly provided for by the Academy and the Terms (including any commercial purposes which we have not specifically allowed you to do;
    9. you will not use the Website to breach any applicable law or regulation or perform or encourage any illegal activity including (without limitation) promoting or facilitating access to, use of or sale of illegal substances, services, information or devices; and/or
    10. you will not facilitate or assist any third party to do any of the above.
  2. The Website is only available on compatible devices connected to the internet. It is your responsibility to obtain these devices and any data network access necessary to utilise the Website. The network’s data and messaging rates and fees may apply if you use the Website and you shall be responsible for such rates and fees.

Without prejudice to any of the Academy’s other rights (whether at law or otherwise), the Academy reserves the right to deny you access to the Website and/or the Services where the Academy believes (in its reasonable discretion) that you are in breach of any of these Terms.

1. 1. The Academy does not guarantee that the Website, or any portion thereof, will function on any particular hardware or device.
2. RECEIPT AND TRANSMISSION OF DATA MESSAGES
  1. Data messages, including e-mail messages, sent by you to the Academy will be considered to be received only when acknowledged or responded to.
  2. Data messages sent by the Academy to you will be regarded as received when the complete data message enters an information system designated or used for that purpose by the recipient and is capable of being retrieved and processed by the recipient.
  3. The Academy reserves the right not to respond to any e-mail or other data message which contains obscene, threatening, defamatory or otherwise illegal, unlawful or inappropriate content, and to take appropriate action against the sender of such e-mail or data message where necessary.
  4. Messages sent over the internet cannot be guaranteed to be completely secure as they can be intercepted, lost or corrupted. the Academy is therefore not responsible for the accuracy or safety of any message sent by email or automated systems over the internet, whether between the Academy and a user, or between users.
3. HYPERLINKS, DEEP LINKS, FRAMING
  1. The Website may include links to other internet sites (“the other sites“). the Academy does not own or endorse the other sites and is not responsible for the information, material, products or services contained on or accessible through the other sites. Any such hyperlinks do not imply any endorsement, agreement on or support of the content or products of such target sites.
  2. the Academy does not purport to own the content on other sites which may be shown on the Website. Should the owner of any content showcased on the Website want the content to be removed, please write to academy@triggerfish.com to request the removal of such content.
  3. The user’s access and use of the other sites remain solely at the user’s own risk and on the terms set by the relevant third party.
4. ADVERTISING AND SPONSORSHIP
  1. The Website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Website complies with all applicable laws and regulations.
  2. The Academy, its members, employees, suppliers, partners, affiliates and agents accordingly exclude, to the maximum extent permitted in law, any responsibility or liability for any error or inaccuracy appearing in advertising or sponsorship material.

INTELLECTUAL PROPERTY PROTECTION

1. 1. All material, information, data, software, icons, text, graphics, layouts, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs, copyright and/or service marks (as well as the organisation and layout of the Website) together with the underlying software code and everything submitted by a user to the Website and the Academy in use of the Services, (“the intellectual property”) are owned (or co-owned or licenced, as the case may be) by the Academy, its shareholders, associates and/or partners, whether directly or indirectly, and as such, are protected from infringement by domestic and international legislation and treaties.
  2. For clarity, and unless otherwise agreed to between a user and the Academy, all users provide a non-exclusive, consideration-free licence to the Academy for the Academy to use and exploit any User Content which the user provides to the Academy/Website as part of its use of the Services and/or Website, in perpetuity and in all territories.
  3. Subject to the rights afforded to you in these Terms, all other rights to all intellectual property on the Website are expressly reserved. You may not copy, download, print, modify, alter, publish, broadcast, distribute, sell or transfer any intellectual property, editorial content, graphics or other material on the Website or the underlying software code whether in whole or in part, without the written consent of the Academy first being granted, which consent may be refused at the discretion of the Academy. No modification of any intellectual property or editorial content or graphics is permitted.
  4. The Academy reserves the right to make improvements or changes to the intellectual property, information, artwork, graphics and other materials on the Website, including that of a user in their Profile, or to suspend or terminate the Website, at any time without notice;
  5. Where any of the Website intellectual property has been licensed to the Academy or belongs to any third party, other than that which has been submitted by a user to the Website in the use of the Services, all rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.
  6. Subject to adherence to the Terms, the Academy grants to users a personal, non-exclusive, non-assignable and non-transferable license to use and display all content and information contained in the Website on any machine which the user is the primary user. However, nothing contained on the Website should be construed as granting any licence or right to use any intellectual property without the prior written permission of the Academy.
  7. Any enquiries regarding any of the above relating to intellectual property must be directed to the Academy at academy@triggerfish.com.

DISCLAIMERS AND WARRANTIES

1. 1. The Website, including any intellectual property appearing therein, is provided “as is” and “as available”. The Academy makes no representations or warranties, express or implied, including but not limited to warranties as to the accuracy, correctness or suitability of either the Website, information provided by another user or the information contained on the Website in any way.
  2. All information or opinions of users made available on the Website in relation to any of the Services are those of the authors and not the Academy. While the Academy makes every reasonable effort to present such information accurately and reliably on the Website, the Academy does not endorse, approve or certify such information, nor guarantee the accuracy or completeness of such information on the Website or from another user.

The Academy, its shareholders, employees, directors, partners and affiliates, accept no liability whatsoever for any loss, whether direct or indirect, consequential or arising from information made available on (or by means of) the Website, other users thereon, and/or transactions or actions resulting therefrom.

The Academy, its shareholders, employees, directors, partners and affiliates, accept no liability whatsoever for any costs, expenses, fines or damages, including but not limited to direct or indirect loss or damages, including any economic loss, consequential loss, loss of profits or any form of punitive damages, resulting from the facilitation and offering of the Services, and access to, or use of, the Website in any manner.

1. 1. Users from locations outside of South Africa, please note that the Academy complies with all South African laws in representing the Services. Should foreign law be applicable in any regard to your use of the Services and/or the Website in any way, you warrant that you are at all times acting in accordance with same foreign law, and indemnify the Academy from any liability it may acquire by virtue of its supply of the Website and/or Services. Please contact the Academy at academy@triggerfish.com to engage you on any foreign-law application.
  2. The Academy takes reasonable security measures to ensure the safety and integrity of the Website and to exclude viruses, unlawful monitoring and/or access from the Website. However, the Academy does not warrant or represent that your access to the Website will be uninterrupted or error free or that any information, data, content, software or other material accessible through the Website will be free of bugs, viruses, worms, trojan horses or other harmful components. The user’s access to and use of the Website remains solely at the user’s own risk and the user should take their own precautions accordingly.
2. INDEMNITIES

The user indemnifies and holds harmless the Academy, its shareholders, employees, directors, partners and affiliates from any demand, action, regulation or application or other proceedings, including for attorneys’ fees and related costs such as tracing fees, made by any third party and arising out of or in connection with the user’s use of the Website or Services offered or concluded through the Website in any way.

The user agrees to indemnify, defend and hold the Academy, its shareholders, employees, directors, partners and affiliates harmless from any direct or indirect liability, loss, claim and expense (including reasonable legal fees) related to the user’s use of the Website and/or the Service and for breach of these Terms.

This clause will survive termination of this agreement.

COMPANY INFORMATION

Site owner: The Triggerfish Academy (Pty) Ltd.

1. 1. Company type: For profit, private limited liability company

Registration Number: 2017/470162/07

Director: Stuart Forrest, Jean Michel Koenig

1. Description of main business: Online Marketplace, content and general

education services provider

Telephone number: +27 21 713 4008

1. E-mail address: academy@triggerfish.com

Website address: https://academy.triggerfish.com/

Physical address: The Shed, Dreyserdal Farm Road, Bergvliet,

Cape Town

Postal address: PO Box 210, Steenberg, Western Cape, 7945
Registered address: The Longhouse, Dreyserdal Farm Road,

Bergvliet, Cape Town

1. DISPUTE RESOLUTION AND GOVERNING LAW
  1. Should any dispute, disagreement or claim arise between the parties concerning use of the Website or Services, the parties shall endeavour to resolve the dispute amicably, by negotiation, and with the best interests of both parties in mind.
  2. Should these parties fail to resolve such dispute in the aforesaid manner or within such further period as the parties may agree to in their negotiation, the parties will approach an independent industry expert who shall mediate the discussions between them in order to find a mutually beneficial solution.
  3. If the dispute is still not resolved after such mediation, the parties will commence and be party to binding and confidential arbitration in terms of the expedited rules of the Arbitration Foundation of Southern Africa (“AFSA”), with an arbitrator selected by the Academy. Arbitration proceedings shall be conducted in Cape Town, South Africa in English, where the costs thereof shall be borne equally by both parties.
  4. Notwithstanding the above, both parties consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa, even in the event where the quantum in the dispute may be less than the monetary jurisdiction of that court. Either party may also always use the dispute resolution services of any applicable legislative tribunal or ombud, as provided for in applicable legislation.
  5. The parties both agree that in no circumstance will either party publicize the dispute on any social media or other public platform. The parties understand that any publicity of this nature can cause serious damage to the other party, which damage may result in a financial claim against the infringing party.
  6. Notwithstanding the above, both parties retain all of their concurrent rights as provided for under applicable South African legislation.

TERMINATION OF USE OF WEBSITE OR SERVICES

IN ADDITION TO THE RIGHTS ABOVE, THE ACADEMY RESERVES THE RIGHT TO TERMINATE AND CANCEL YOUR PROFILE AND ACCESS TO THE SERVICES AND/OR WEBSITE IF YOU BREACH ANY OF THE TERMS, OR FOR ANY OTHER REASON IN ITS SOLE DISCRETION PROVIDED THAT THE ACADEMY GIVES REASONABLE NOTICE TO YOU.

1. If you wish to terminate the agreement with the Academy, or end your use of the Services, you may do so by deregistering your Profile with the Website and discontinuing your use of the Website.
2. The obligations and liabilities of users incurred prior to the termination date of the Terms and/or use of the Services shall survive the termination of these Terms for all purposes.
3. In the event of cancellation of your agreement with the Terms and with the Academy, the Academy will remove you from the Website and delete your Profile.
NOTICES AND SERVICE ADDRESS
1. Each of the parties chooses their service address for the purposes of the giving of any notice, the serving of any process and for any other purposes arising from these Terms as being:
  1. in the case of the Academy, at academy@triggerfish.com; or
  2. in the case of the user, at the e-mail and addresses provided by the user to the Academy in the Profile registration process.
2. Notwithstanding the above, any notice given in writing in English, and actually received by the party to whom the notice is addressed, will be deemed to have been properly given and received, notwithstanding that such notice has not been given in accordance with this clause.
GENERAL
1. This document contains the entire agreement between the parties in relation to the subject matter hereof. Save as contemplated in clause 1.5 above, no alteration, cancellation, variation of, or addition hereto will be of any force or effect unless reduced to writing and signed by all the parties to these Terms or their duly authorised representatives.
2. No indulgence, leniency or extension of time granted by the Academy shall constitute a waiver of any of the Academy’s rights under these Terms and, accordingly, the Academy shall not be precluded as a consequence of having granted such indulgence, from exercising any rights against the user which may have arisen in the past or which might arise in the future.
3. Words importing the singular will include the plural and vice versa. Words importing one gender will include the other genders, and words importing persons will include partnerships, trusts and bodies corporate, and vice versa.
4. The headings to the paragraphs to the Terms are inserted for reference purposes only and will not affect the interpretation of any of the provisions to which they relate.
5. The user’s access and/or use of the Website and/or the Services, any downloaded material from it and the operation of these Terms (including any transaction concluded pursuant thereto) shall be governed by and construed in accordance with the laws of South Africa.
6. Should you have any complaints or queries, kindly address an e-mail to academy@triggerfish.com advising the Academy of same.
7. In the event of the user breaching these Terms, the user shall be liable for all legal costs (on the scale as between attorney and client) (including collection commission) which may be incurred by the Academy in relation to the payment failure or breach.
8. Each sentence, paragraph, term, clause and provision of these Terms and any portion thereof shall be considered severable and if, for any reason, any such sentence, paragraph, term, clause or provision is held to be invalid, contrary to, or in conflict with any applicable present or future law or regulation or in terms of a final, binding judgment issued by any court, it shall to that extent be deemed not to form part hereof and shall not impair the operation of, or have any effect upon such other sentence, paragraph, term, clause or provision hereof as may otherwise remain valid or intelligible, which shall continue to be given full force and effect and bind the parties hereto.
9. No term or condition of these Terms is intended to breach any peremptory provisions of any consumer protection legislation and any regulations thereto (“Prohibited Provision“). Any breach of any such Prohibited Provision shall be governed by the provisions of clause 16.8.

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