These Terms (“Terms”) were last updated on 11 April 2022.

Please Read the Terms of RadioTrunk.co.za

Thank you for visiting our website. If you want to use this website and/ or purchase something from us, you must agree to conform to and be legally bound by the terms and conditions described below, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Copyright © 2022 by Radio Trunk. All Rights Reserved

Overview

This website is operated by Radio Trunk whose registered office is 33 Glenugie  Road, Pinetown, KwaZulu Natal, South Africa.

Throughout the site, the terms “we”, “us” and “our” refer to Radio Trunk. Radio Trunk offers this website, including all information, tools, mobile applications, its APIs and other related services (“Services”) available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.

Any new features or tools which are added to the current website shall also be subject to the Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our website. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Radio Trunk also provides details regarding its processing of personal data of its users in its Privacy & Cookie Policy.

Accuracy, Completeness and Timeliness of Information

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

The use of this website is subject to the following Terms:

• This website contains material which is owned by or licensed to Radio Trunk. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
• All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
• Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offense.
• From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that Radio Trunk endorses the website(s). Radio Trunk has no responsibility for the content of the linked website(s).

Content and Behaviour Rules

You can only use radiotrunk.co.za for lawful purposes. You’re responsible for all the content that you post on this site. You should keep the questions, comments, posts and other content you upload in line with the law, and respect Radio Trunk’s intellectual property rights.

Your use of the Services and behaviour on this site must comply with applicable local or national laws or regulations of your country. You are solely responsible for the knowledge of and compliance with such laws and regulations that are applicable to you.

You are solely responsible for any content and actions you post or take via the site and Services and their consequences.

Radio Trunk has discretion in enforcing these Terms. It may terminate or suspend your permission to use the Services at any time, with or without notice, for any violation of these Terms, or upon the request of law enforcement or government agencies, or for unexpected technical issues or problems, or if it suspects that you engage in fraudulent or illegal activities. Upon any such termination Radio Trunk may prevent you from further access to the use of the Services. Your content may still be available on the platforms even if you are terminated or suspended. You agree that Radio Trunk will have no liability to you or any third party for removal of your content, or blocking of your access to the Services.

Radio Trunk’s Rights

Radio Trunk owns the Services, including the website, future apps and services, and things like our logos, API, code, and content. You can’t tamper with those or use them without authorization.

All right, title and interest in and to the Services, including Radio Trunk’s website, its future applications, its APIs, databases, and the content its partners submit or provide through the Services are and will remain the exclusive property of Radio Trunk. The Services are protected by copyright. Nothing gives you a right to use the Radio Trunk name or any of Radio Trunk’s logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding the Services is entirely voluntary and Radio Trunk will be free to use such feedback, comments, or suggestions as it sees fit and without any obligation to you.

You may not do any of the following while accessing or using the Services:

• access, tamper with, or use non-public areas of the website or the technical delivery systems of Radio Trunk’s service providers.
• disable, interfere with, or try to circumvent any of the features of the website related to security or probe, scan, or test the vulnerability of any of the systems.
• copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code of or content on Radio Trunk’s website or Services.
• access or search or attempt to access or search the website by any means (automated or otherwise) other than through the currently available search functionalities that are provided via the website, mobile apps, or API (and only pursuant to those API terms and conditions). You may not scrape, spider, use a robot, or use other automated means of any kind to access the Services.
• in any way use the Services to send altered, deceptive, or false source-identifying information (such as sending email communications falsely appearing as Radio Trunk); or interfere with, or disrupt, (or attempt to do so), the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the platforms or services, or in any other manner interfering with or creating an undue burden on the Services.
• You must not transmit any worms or viruses or any code of a destructive nature.

Miscellaneous Legal Terms

These Terms are like any other contract, and they have boring but important legal terms that protect us from the countless things that could happen and that clarify the legal relationship between you and Radio Trunk.

Binding Agreement

You agree that by registering, accessing or using the Services, you are agreeing to enter into a legally binding contract with Radio Trunk. If you do not agree to these Terms, do not register, access, or otherwise use any of the Services.

Any version of these Terms in a language other than English is provided for convenience and you understand and agree that the English language will control if there is any conflict.

These Terms (including any agreements and policies linked from these Terms) constitute the entire agreement between you and Radio Trunk.

If any part of these Terms is found to be invalid or unenforceable by applicable law, then that provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms will continue in effect.

Even if Radio Trunk is delayed in exercising its rights or fails to exercise a right in one case, it doesn’t mean it waives its rights under these Terms, and it may decide to enforce them in the future. If Radio Trunk decides to waive any of its rights in a particular instance, it doesn’t mean it waives its rights generally or in the future.

The following sections shall survive the expiration or termination of these Terms: Radio Trunk’s Rights to Content You Post, Using radiotrunk.co.za at Your Own Risk, Radio Trunk’s Rights, Miscellaneous Legal Terms, and Governing Law and Jurisdiction.

Disclaimers

It may happen that the website is down, either for planned maintenance or because something goes down with the site. It may also happen that Radio Trunk encounters security issues. These are just examples. You accept that you will not have any recourse against it in any of these types of cases where things don’t work out right. In legal, more complete language, the Services and their content are provided on an “as is” and “as available” basis. Radio Trunk (and its affiliates, suppliers, partners, and agents) make no representations or warranties about the suitability, reliability, availability, timeliness, security, lack of errors, or accuracy of the Services or their content, and expressly disclaim any warranties or conditions (express or implied), including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Radio Trunk (and its affiliates, suppliers, partners, and agents) make no warranty that you will obtain specific results from use of the Services. Your use of the Services (including any content) is entirely at your own risk. Some jurisdictions don’t allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

Radio Trunk may decide to cease making available certain features of the Services at any time and for any reason. Under no circumstances will Radio Trunk or its affiliates, suppliers, partners or agents be held liable for any damages due to such interruptions or lack of availability of such features.

Radio Trunk is not responsible for delay or failure of its performance of any of the Services caused by events beyond its reasonable control, like an act of war, hostility, or sabotage, natural disaster, electrical, internet, or telecommunication outage, or government restrictions.

Limitation of Liability

There are risks inherent into using the Services, for example, if you don’t achieve your outcome. You fully accept these risks and you agree that you will have no recourse to seek damages against, even if you suffer loss or damage from using the Services. In legal, more complete language, to the extent permitted by law, Radio Trunk (and its suppliers, partners, and agents) will not be liable for any indirect, incidental, punitive, or consequential damages (including loss of data, revenue, profits, or business opportunities, or personal injury or death), whether arising in contract, warranty, tort, product liability, or otherwise, and even if it’s been advised of the possibility of damages in advance. Radio Trunk’s liability (and the liability of each of its suppliers, partners, and agents) to you or any third parties under any circumstance is limited to the greater of one hundred dollars ($100). Some jurisdictions don’t allow the exclusion or limitation of liability for consequential or incidental damages, so some of the above may not apply to you.

Indemnification

If you behave in a way that gets Radio Trunk in legal trouble, it may exercise legal recourse against you. You agree to indemnify, defend (if Radio Trunk so requests), and hold harmless Radio Trunk, and its suppliers, partners, and agents from and against any third-party claims, demands, losses, damages, or expenses (including reasonable attorney fees) arising from (a) the content you post or submit, (b) your use of the Services (c) your violation of these Terms, or (d) your violation of any rights of a third party. Your indemnification obligation will survive the termination of these Terms and your use of the Services.

Governing Law and Jurisdiction

This policy and the use of this Site are governed by South African law. If a dispute arises under this Policy, Radio Trunk agrees to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: Durban, South Africa. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each party.

If it proves impossible to arrive at a mutually satisfactory solution through mediation, Radio Trunk agrees to submit the dispute to binding arbitration at the following location: Durban, South Africa under the rules of the South African Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.

radiotrunk.co.za is controlled, operated and administered entirely within South Africa.

No action, regardless of form, arising out of or relating to this Agreement may be brought by either party more than one (1) year after the cause of action has accrued.

Any notice or other communication to be given hereunder will be in writing and given by registered or certified mail return receipt requested, or email (by us to the email associated with you or by you to admin@radiotrunk.co.za).

Promotions and Surveys

Radio Trunk may invite you to complete a survey or participate in a promotion, either through the Services or a third-party platform. If you participate, it will collect and store the data you provide as part of participating, such as your name, email address, or phone number. That data is subject to the Privacy & Cookie Policy unless otherwise stated in the official rules of the promotion or in another privacy policy. The data collected will be used to administer the promotion or survey, including for notifying winners and distributing rewards. To receive a reward, you may be required to allow Radio Trunk to post some of your information publicly (like on a winner’s page). Where it uses a third-party platform to administer a survey or promotion, the third party’s privacy policy will apply.

How to Contact Radio Trunk

The best way to get in touch is to contact admin@radiotrunk.co.za.