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Terms of Use

Introduction

Welcome to KUNIKA FRESH.

The KUNIKA FRESH site and services are owned and operated by KUNIKA FRESH Pty (Ltd) (registered in South Africa, trading as KUNIKA FRESH). We provide a global online classifieds for all entertainers, musicians, performers, event-related service providers, agents, customers, promoters, event planners, and entertainment vendors and buyers. These Terms of Use, the Rules for Posting, the Privacy Policy and all policies posted on our site set out the terms on which we offer you access to and use of our site, services, applications and tools (collectively “services”).

Acceptance of terms and conditions

All policies, the Privacy Policy, and the Rules for Posting, are incorporated into these Terms of Use. When accessing or using our Services you agree to comply with all of the above. By accessing the services you are agreeing to the following terms. If you object to these terms, or any subsequent updates of the terms, you should not access or use KUNIKA FRESH. You confirm that you are either 18 years of age or older, or have the necessary consents to agree to these terms. If you access or use this website on behalf of a company or other entity, you affirm that you have authority to bind such entity and its affiliates to these terms and conditions and that it is completely binding on them. These terms and conditions may be changed as and when required. Changes are effective immediately upon posting of the updated terms and conditions. The onus will lie on you to stay abreast with the latest terms and conditions. Continued use of this site signifies your agreement with the terms and conditions as amended. It is recommended that you keep a copy of these terms and conditions for your own reference.

KUNIKA FRESH Code of Conduct

Using our website affirms that you agree to adhere to the following code of conduct:

Posting Rules

  • You will not post any profiles, listings and/or ads which contain any ambiguous, false, fake, unclear, unverifiable information – in part or in full.
  • You will not post any violent, threatening, harassing, abusive, defamatory, pornographic, obscene, crude, unconstitutional, indecent, offensive, fetish, false, unreliable or misleading information and material.
  • You will not post any information and material considered spam or unwanted advertising of products or services.
  • You will not post any material that is harmful to, harms or could harm minors in any way.
  • By making your profile public, you acknowledge that any internet user visiting KUNIKA FRESH may view your profile, including photos and showreels. Making your profile public will also make your profile accessible from search engines such as Google.

General Rules

  • You will not violate any applicable laws including but not limited to consumer protection act, data protection and intellectual property laws.
  • You will not be false or misleading or employ false or misleading advertising practices.
  • You will not trespass any third-party right.
  • You will not distribute or contain spam, chain letters, or pyramid schemes.
  • You will not distribute viruses or any other technologies that may harm KUNIKA FRESH or the interests or property of KUNIKA FRESH users.
  • You will not inflict an unreasonable load on our infrastructure or interfere with the proper working of our site.
  • You will not use any automated means to access KUNIKA FRESH and collect content for any purpose without our express written consent.
  • You will not collect information about others, including email addresses, without their consent or otherwise violate the privacy of another person.
  • You will not use the information available in KUNIKA FRESH to contact the users or advertisers for any reason other than for the use of the services.
  • You will not bypass measures used to restrict access to the KUNIKA FRESH site.

Responsibility of all users

You are solely responsible for all information that you submit to KUNIKA FRESH and any consequences that may result from your post. We reserve the right for any or no reason, at our discretion to refuse or delete or take-down content that (or any part thereof) we believe is inappropriate or breaching the above terms. We may, at our discretion, remove profiles/listings/ads, put on hold or make minor changes thereto, when they do not comply with any of our rules. We reserve the right to restrict a user’s usage of the site either temporarily or permanently. KUNIKA FRESH is not responsible for any content posted by its users, and makes no warranty as to the accuracy or legitimacy of any content.

Users should always use their own careful judgement in deciding on the legitimacy of any adverts, listings, posts, content posted on our site. We provide our service only for the purposes of providing a platform for vendors and customers to interact. We shall not be liable under any circumstances for the actions of any user of our site.

KUNIKA FRESH is not responsible for, and makes no warranty as to the accuracy of users’ personal information. Users should always use their own discernment in deciding whether to contact or cast/audition/interview another user. We shall not be liable under any circumstances for the actions of any user.

It is your responsibility to ensure that any audition or job offered by employers is acceptable to you, and that you have done due diligence in determining the legitimacy of the offer and the legitimacy of the employer. We shall not be liable under any circumstances for any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, data, business or expected savings, general and special damages, and consequential and incidental loss.

Responsibility for minors

This site is strictly for use by persons aged 18 and older. KUNIKA FRESH includes platforms for young entertainers, musicians and models, however these profile may only be loaded by the parents or legal guardians of such minors. At our sole discretion, we may agree to allow a legal guardian of a minor to register a profile on behalf of the minor.  KUNIKA FRESH may refuse access to any person under the age of 18. You acknowledge that some parts of this site may contain material that is unsuitable for minors. You must ensure that any access by the minor to our site is fully supervised by an adult. You or a minor registered by you are not permitted to upload images of an adult or any content which contravenes any terms of use of this site. Minors may not post any casting calls, auditions, jobs, RFQ’s or similar.

Fees and Services

Users register and post basic profiles for free, including being able to post free casting calls, jobs, and RFQ’s. A token system is used to add advanced features to your profile, or use advanced services. Purchasing of tokens incurs a fee as laid out on our Fresh Tokens page.  You are able to review and accept that charge and any additional terms and conditions applicable, including forms of payment, to the service at the time of purchase. This will be clearly disclosed at the time you purchase the feature and/or service. Our fees are quoted in US Dollars, and we may change them from time to time. You will be notified of changes to our payment policy by posting such changes on the site. We may choose to temporarily change our fees for promotions or new services; these changes are effective when we announce the promotion or new service. Tokens are non-refundable.

Indemnity

You agree to release, indemnify, and keep us indemnified from and against all actions, claims, costs (including legal costs and expenses) losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with your use of our services.

Without limiting other remedies, we may issue warnings, limit or terminate our service, remove content at our own discretion when posts, listings and adverts do not comply with our policies, and take technical and legal steps to keep users off KUNIKA FRESH if we think that they are creating problems or acting in contradiction to our terms of use.

However, whether we decide to take any such action as described above, or keep a user off our site or not, you agree to indemnify, and keep us indemnified from and against liability for monitoring the KUNIKA FRESH site or for unauthorized or unlawful content on this site or use of our site by users. You also recognise and accept that we are not under any obligation to monitor any data or content which is submitted to or available on the site.

Omissions

You are responsible for ensuring that no material you post, nor any activity or communication you make in connection with KUNIKA FRESH and our services, will be capable of breaching any applicable law, whether criminal, wrongful or otherwise; will infringe the intellectual property, right to privacy, or other rights of any person or entity; be offensive, within the meaning of the Broadcasting Complaints Commission of South Africa, and similar regulatory boards internationally.

Applicable law and jurisdiction

The KUNIKA FRESH website is operated and controlled from South Africa. The terms and conditions and any agreements with KUNIKA FRESH are overseen by South African law. Any dispute arising in relation to these terms and conditions will be heard in South Africa and resolved under South African law.

Sharing your content and information

When providing us with content or causing content to be posted using our services, you allow us a non-exclusive, worldwide, unending, binding, royalty-free, sub-licensable (through multiple tiers) licence to exercise any and all copyright, publicity, trademark, and database rights and other intellectual property rights you have in the content, in any currently available media or media developed in the future. This means that we are allowed to host, store, route, transmit, copy, alter, reproduce, distribute, syndicate, publish, translate, use, publicly perform, publicly display, reformat, modify, edit, excerpt, analyze, and create algorithms and derivative works from you content, or otherwise use such content. Further, to the fullest extent permitted under applicable law, you waive your moral rights and agree not to enforce such rights or any other intellectual property or publicity rights against us, our sub-licensees, or our assignees.

Personal Information

By using Gumtree, you agree that you are giving your voluntary and informed consent to the collection, transfer, storage and use of your personal information by KUNIKA FRESH to receive marketing communications from us unless you tell us that you prefer not receive such communications.