Terms Of Service

EFFECTIVE DATE: 25th April 2019

The following terms and conditions (these “Terms of Use”) govern all use of the xyzmediasa.com website,  (the “Website”) and all content, services, features, activities and products available at or through the Website, including but not limited to the website analysis service, the conversion service and the campaign automation service (the “Analysis Service,” the “Engage Service,” and the “Customer Engagement Automation Service”, respectively, together with all other content, services, features, activities and products available through the Website are herein referred to as the “Services”). The term “you” or “your” includes any of your subsidiaries, affiliates, employees. Please read these Terms of Use carefully before using the Services.

BY USING OR ACCESSING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND ALL TERMS, POLICIES AND GUIDELINES INCORPORATED IN THE TERMS OF USE BY REFERENCE, INCLUDING, BUT NOT LIMITED TO SOCIAL BLOOM’S PRIVACY POLICY (COLLECTIVELY, THIS “AGREEMENT”). BY USING OR ACCESSING THE SERVICES, YOU REPRESENT THAT YOU ARE AT LEAST 13 YEARS OF AGE. THIS AGREEMENT IS LEGALLY BINDING AND CONDITIONS YOUR USE OF THE SERVICES. If you do not agree to all the terms and conditions of this Agreement, you must discontinue use of the Services.

1. Account Registration and Access:

To register for the Services and create an account, you (including any agent designated by you operating on your behalf) must complete the registration process by providing XYZ MEDIA with the requested information including your name, email address,  and password. You agree to provide us with complete and accurate information when you register for the Services, and to keep such information up to date. You shall protect your username and password and are solely responsible for activities that occur under or through your account, including activities initiated by third parties, whether or not such activities are authorized by you. If you allow a third party to access the Services on your behalf, you shall ensure that such third party is bound by, and abides by, the terms of this Agreement. You agree to notify XYZ MEDIA immediately of any unauthorized use of your account or any other breach of security relating to your account or your use of the Services.

XYZ MEDIA may access your XYZ MEDIA account, or information associated with your account, to provide support or maintenance, for security-related reasons, or any other business purpose. You acknowledge and consent to such access.

2. Fees:

2.1 BILLING POLICIES, REFUNDS, OVERAGES, AND UPGRADE AND DOWNGRADE TERMS

2.1.1. The fees for your package is a once-off payment, for the period stated on the package purchased.

2.1.2. We have a NO REFUND policy.

 2.1.3. If you upgrade your Membership level, you will be charged for the increased price of the upgraded Membership, pro-rated to reflect the remaining duration of your subscription period, and you will be charged the full amount of the then-current rate for the new Membership

2.1.4. If you desire to downgrade your Membership level prior to the end of your subscription period, please provide written notice to support@xyzmediasa.com. The Membership downgrade will take effect the first billing cycle that occurs more than seven (7) days following your notice to XYZ MEDIA, and you will not receive any refunds for payments made on your current billing cycle. Downgrading your Membership may cause the loss of account content, features, or capacity. XYZ MEDIA disclaims liability for any such loss.

2.1.5. Any discounts applied to a previous subscription may not apply to a renewed subscription, including to any automatic renewals.

2.1.6. Any questions involving upgrades or downgrades to your Membership can be directed to support@xyzmediasa.com

2.2 CHANGES IN FEES

2.2.1. We may change the fees for the Services at any time or impose additional fees or charges.

Such changes will be effective as of the first billing cycle that occurs more than seven (7) days after notice of our new fees, as provided for in Section 12 herein, provided that if you upgrade or downgrade to a new Membership, whether at your election or pursuant to Section 2.2(c), you will be charged at the then-current rate for such Membership.

2.3 PAYMENT OF FEES

2.3.1. As an express condition of your use of and access to the Services, you agree to pay all fees applicable to your Membership, any other fees for additional services you may purchase, and any applicable taxes in connection with your use of the Services.

2.3.2. We will bill the fees due under your Membership to the credit card or PayPal account you provide to us during registration (or to a different credit card if you change your payment information). You acknowledge that the amount billed for each renewal period may vary due to promotional offers, changes in your Membership, and changes in applicable taxes, and you authorize us to bill you the corresponding amounts.

2.3.3. We reserve the right to deactivate your access to the Services for failure to pay applicable fees as described in this Agreement. Unless otherwise stated, all fees are stated in Rand.

3. Terms

3.1 By accessing the website at https://xyzmediasa.com, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.

3.2 XYZ MEDIA Pty (Ltd) Abides by all terms under the PayPal Acceptable Use Policy (AUP) and AWS Acceptable Use Policy (AUP)

XYZ MEDIA may access your XYZ MEDIA account, or information associated with your account, to provide support or maintenance, for security-related reasons, or any other business purpose. You acknowledge and consent to such access.

4. User License

4.1 Permission is granted to use the software provided by XYZ MEDIA which is; limited, non-exclusive and a non-transferable license. The information provided by the website is for personal, non-commercial transitory viewing only. This is the grant of a usage license, not a transfer of title, and under this license you may not:

– Modify or copy the materials;

– Use the materials for any commercial purpose, or for any public display (commercial or non-commercial);

– Attempt to decompile or reverse engineer any software contained on XYZ MEDIA’s website;

– Remove any copyright or other proprietary notations from the materials; or

– Transfer the materials to another person or “mirror” the materials on any other server.

– This license shall automatically terminate if you violate any of these restrictions and may be terminated by XYZ MEDIA at any time. – Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

5. *Disclaimer

5.1 The materials on XYZ MEDIA’s website are provided on an ‘as is’ basis. XYZ MEDIA makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.

5.2 Further, XYZ MEDIA does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.

5.3 Please note that our results cannot be guaranteed, as it is a direct results of the following:

  • How active are you are on Instagram? 

  • How many times you post a week, a minimum of 4 times a week is required for the best results?

  • Are you using your Hashtags and the Geo-location on your post? 

  • How active you are on your stories, maintaining a presence on Instagram?

NB

We have an exchange system that will give you likes to take your account to the Top Explore section of Instagram, this is like a paid ad, although we beat that algorithm and it will happen with most of your posts and not just one. Please note when you stop making use of our service, the exchange system will be slowly decreased and eventually halted on your account.

Some Target Markets may take longer to grow than others, for example:

An IFBB Bikini Model will grow much quicker than a company that sells oil. We keep this in mind when doing research and make sure we give you the best bang for the buck! We strive for excellent customer care and support, and we will do our upmost best to get you the results as stated per package!

5.2 Further, XYZ MEDIA does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.

5.3 Please note that our results cannot be guaranteed, as it is a direct results of the following:

  • How active are you are on Instagram? 

  • How many times you post a week, a minimum of 4 times a week is required for the best results?

  • Are you using your Hashtags and the Geo-location on your post? 

  • How active you are on your stories, maintaining a presence on Instagram?

6. Limitations

6.1 In no event shall XYZ MEDIA or its suppliers be liable for any damages, including and not limited to; damages for loss of data or profit, or due to business interruption arising out of the use or inability to use the materials on XYZ MEDIA’s website, even if XYZ MEDIA or a XYZ MEDIA authorised representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you. Please note that you are taking a risk when using our services, although thus far no issue have arisen from usage of our system.

7. Accuracy of materials

7.1 The materials appearing on XYZ MEDIA’a website could include technical, typographical, or photographic errors. XYZ MEDIA does not warrant that any of the materials on its website are accurate, complete or current. XYZ MEDIA may make changes to the materials contained on its website at any time without notice. However XYZ MEDIA does not make any commitment to update the materials

8. Links

8.1 XYZ MEDIA has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by XYZ MEDIA of the site. Use of any such linked website is at the user’s own risk.

9. Modifications

9.1 XYZ MEDIA may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service.

10. Governing Law

10.1 These terms and conditions are governed by and construed in accordance with the laws of Gauteng, South Africa and you irrevocably submit to the exclusive jurisdiction of the courts in that province.

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