TERMS AND CONDITIONS OF USE
By accessing or using https://prabhupada.co.za or any of its related platforms (“Website”), owned and maintained by the Bhaktivedanta Book Trust Africa (“BBT”) a trust registered in Kwazulu-Natal and operating in accordance with the laws of the Republic of South Africa, you agree that you have read, understood and agree to be bound to the terms and conditions contained herein (“Terms”). All rights in and to the content of the Website remain at all times expressly reserved by BBT.
Please pay specific attention to the BOLD paragraphs of these Terms. These paragraphs limit the risk or liability of BBT, constitute an assumption of risk or liability by you, impose an obligation by you to indemnify BBT or is an acknowledgement of any fact by you.
Please read these terms carefully before accessing or using the Website. BBT will assume you have read and understood these terms should you continue to access or make use of the Website.
The terms “user“, “you“, “user” and “your” are used interchangeably in these Terms and refer to all persons accessing the Website or using the Services for any reason whatsoever. Accordingly, the terms “us”, “our” or “we” refers to BBT or its possession.
These terms were last updated on 30 November 2022.
- INTRODUCTION TO THE WEBSITE AND SERVICES
1.1. BBT provides the Website as an educational, information, contact, and content platform explaining and advertising the teachings, writings, and lectures of His Divine Grace A.C. Bhaktivedanta Swami Prabhupada as well as works by other authors about Vedic Spirituality. The Website offers educational material and advertises BBT’s past and upcoming events. The Website assists users to identify our service offering, to access and download certain multimedia content and to contact us directly (collectively, the “Service/s”).
1.2. These Terms explain the conditions applicable to how users must make use of the Website, as well as the Services that we offer. Depending on the Services requested, a user may also need to conclude an additional agreement with BBT, which agreement will contain specific details and/or conditions relating to the Service acquired.
1.3. 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 BBT 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 therefore your responsibility to read these Terms periodically to ensure you are aware of any changes.
1.4. Unauthorised use of the Website may give rise to a claim for damages and/or be a criminal offence. - PROCESSING OF PERSONAL INFORMATION
BBT takes the processing of your personal information very seriously and does so in accordance with the South African Protection of Personal Information Act, 4 of 2013, as amended (“POPI”). Please see BBT’s privacy policy for details on how BBT uses and processes your personal information. - THE SERVICES
3.1. Users have access to the following great services on our Website:
3.1.1. Accessing available content:
Users may browse our Website to view our available books, the BBT magazine, pamphlets available for download, sastradana, our gallery, news feed, and available downloads.
3.1.2. Contacting us for more information:
Using the contact form on the Website or our available contact details, users can request an engagement from us, which will enable the user to discover more about BBT.
3.1.3. Engage with us on social media:
Users can engage with us on Instagram, Facebook, Twitter, and YouTube.
3.1.4. Events:
Users can stream all past and upcoming events and other online content on our YouTube channel.
3.2. For further information on our Services please consult our Website or contact us at info@bbtafrica.co.za.
3.3. Payment for use of Website and Services
3.3.1. The use of the Website and the Services thereon is free.
3.3.2. Users who wish to formally procure any Services from BBT, will be required to enter into an agreement with BBT to regulate the terms and conditions of the relationship. More information about this will be provided upon request. - USER RESPONSIBILITIES AND WARRANTIES
4.1. By using the Website and/or the Services, you warrant that:
4.1.1. you have read and agreed to these Terms and will use the Website and Services in accordance with them;
4.1.2. all information you provide to the Website and/or BBT is true and accurate in every respect, understanding that any false information supplied may constitute a criminal offence;
4.1.3. you understand and agree that you take all responsibility for the decisions you make via the Website and/or Services;
4.1.4. you are above the age of 18 (eighteen) years old and have the legal capacity to understand, agree with and be bound by these Terms. If you are under the age of 18 (eighteen), you must not use the Website and/or Services, nor provide us with any of your personal information;
4.1.5. you lawfully possess and submit all information to the Website and/or BBT for the use of it or the Services;
4.1.6. 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;
4.1.7. you will not infringe the intellectual property or other rights of any third party or the Website;
4.1.8. you will not use the Website for any commercial purpose other than as expressly provided for by BBT herein;
4.1.9. you will not use the Website to breach any applicable law or regulation or perform or encourage any illegal activity; and/or
4.1.10. you will not facilitate or assist any third party to do any of the above,
failing which, your failure will automatically be deemed to be a material breach of these Terms, allowing BBT to use its full spectrum of rights available to it against the infringing party, including reporting you to the authorities, denying you access to or use of any Service, or the Website and/or claiming contractual (including consequential) damages from you.
4.2. 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.
4.3. Without prejudice to any of BBT’s other rights (whether at law or otherwise), BBT reserves the right to deny you access to the Website or the Services where BBT believes (in its reasonable discretion) that you are in breach of any of these Terms, or applicable laws.
4.4. BBT does not guarantee that the Website, or any portion thereof, will function on any hardware or device. - RECEIPT AND TRANSMISSION OF DATA MESSAGES
5.1. Data messages, including email messages, sent by you to BBT will be received only when acknowledged or responded to.
5.2. Data messages sent by BBT 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.
5.3. BBT reserves the right not to respond to any email 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 email or data message where necessary.
5.4. Messages sent over the internet cannot be guaranteed to be completely secure as they can be intercepted, lost, or corrupted. BBT is therefore not responsible for the accuracy or safety of any message sent by email or automated systems over the internet, whether from BBT to a user, between users or from a user to BBT. - HYPERLINKS, DEEP LINKS, FRAMING
6.1. The Website may include links to other internet sites (“the other sites“). BBT 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.
6.2. BBT 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 us at info@bbtafrica.co.za to request the removal of such content.
6.3. 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 operator of the other sites. - INTELLECTUAL PROPERTY PROTECTION
7.1. Website layout, content, material, online publications, information, data, software, icons, text, graphics, images, sound clips, advertisements, audiobooks, video clips, user interface design and layout, trade names, logos, trademarks, designs, copyright and/or service marks (whether registered or unregistered), together with the underlying software code (“the intellectual property”) are owned or licensed as the case may be, by BBT, its parent entity, the Bhaktivedanta Book Trust International, Inc., its associates and/or partners, whether directly or indirectly, and as such, are protected from infringement by domestic and international legislation and treaties.
7.2. Subject to the rights afforded to you in these terms, all other rights to all intellectual property and content on the Website are expressly reserved. You may not copy, download print, modify, alter, publish, broadcast, distribute, sell, or transfer any intellectual property, content, graphics or other material on the Website or the underlying software code whether in whole or in part, without the written consent of BBT first being granted (through a content use-license or otherwise), which consent may be refused at the discretion of BBT. No modification of any intellectual property or graphics is permitted. Should you breach these provisions, BBT and/or the rightful intellectual property rights owner may launch legal proceedings against you for a breach of contract, resulting in (amongst other things) a claim of damages being brought against you.
7.3. Users are free to download our multimedia content and use it for educational and informative purposes only. If any user wishes to use our multimedia content for any commercial purposes, users must contact us at info@bbtafrica.co.za for more information and to complete our consent form.
7.4. BBT reserves the right to make improvements or changes to the intellectual property, information, artwork, graphics, and other materials on the Website or to suspend or terminate the Website, at any time without notice; provided that any transactions or functions already concluded through the Website, will not be affected by such suspension or termination (as the case may be).
7.5. Where any of the Website intellectual property has been licensed to BBT 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.
7.6. Subject to adherence to the Terms, BBT grants to users a personal, non-exclusive, non-assignable and non-transferable license to use and display all content and information contained on the Website on any machine on which the user is the primary user. However, nothing contained on the Website or in these Terms should be construed as granting any licence or right to use any intellectual property without the prior written permission of BBT.
7.7. Any enquiries regarding intellectual property may be directed to BBT at info@bbtafrica.co.za. - DISCLAIMERS AND WARRANTIES
8.1. The Website and Services, including any intellectual property appearing therein, are provided “as is” and “as available”. BBT 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, the Services or the information contained therein.
8.2. BBT, its trustees, beneficiaries, employees, and partners, 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 and/or transactions or actions resulting therefrom or from the Services offered, including the information about any particular Service.
8.3. BBT, its trustees, beneficiaries, employees, 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, physical harm, death, injury, 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.
8.4. BBT 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, BBT 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. - INDEMNITIES
9.1. The user indemnifies and holds harmless BBT, its trustees, beneficiaries, employees, and partners from any demand, action 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 and/or Services offered in any way.
9.2. The user agrees to indemnify, defend, and hold BBT harmless from any direct or indirect liability, loss, harm, injury, death, claim and expense (including reasonable legal fees) related to the user’s breach of these Terms.
9.3. This clause will survive termination of this agreement. - COMPANY INFORMATION
10.1. Site owner: The Trustees for the time being of the Bhaktivedanta
Book Trust
10.2. Entity type: Trust
10.3. Masters Reference Number: IT1560/03
10.4. Description of main business: Education trust
10.5. Telephone number: +27 010 312 6448
10.6. E-mail address: info@bbtafrica.co.za
10.7. Website address/name: https://bbtafrica.co.za/
10.8. Physical address: HQ Building, Unit 32, Corner Smith and Arbroath
Road, Bedfordview, 2007, Johannesburg, Gauteng
10.9. Postal address: PO Box 662, Bruma, 2026, Johannesburg, Gauteng
10.10. Membership of any association: none. - DISPUTE RESOLUTION AND GOVERNING LAW
11.1. The user’s access and/or use of the Website and/or Services, and the operation of these Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa only.
11.2. Should any dispute, disagreement or claim arise between a user and BBT concerning use of the Website or the Services, the parties shall endeavour to resolve the dispute amicably, by negotiation, and with the best interests of both parties in mind.
11.3. Should the 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 discussion between them, for the purposes of finding a mutually beneficial solution.
11.4. Notwithstanding the above, both parties’ consent to the non-exclusive jurisdiction of the High Court 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.
11.5. 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. - TERMINATION OF USE OF WEBSITE OR SERVICES
12.1. IN ADDITION TO ITS OTHER RIGHTS HEREIN, BBT RESERVES THE RIGHT TO TERMINATE AND CANCEL YOUR USE OF THE WEBSITE AND/OR SERVICES IF YOU BREACH ANY OF THESE TERMS, OR FOR ANY OTHER REASON IN ITS SOLE DISCRETION PROVIDED THAT BBT GIVES REASONABLE NOTICE TO YOU.
12.2. You may terminate your use of the Services at any time. Termination may be subject to any additional conditions by virtue of another agreement concluded between the user and BBT. Further, termination by a user will not affect any existing obligation that that user may have accrued at the time of termination, which will not be affected by same termination. - FORCE MAJEURE
If BBT is prevented from or hindered or delayed in performing any obligation under these Terms by reason of any circumstance beyond its reasonable control (including but not limited to, acts of god, medical pandemics, governmental restraints, strikes, labour disputes (other than strikes or labour disputes by its own staff), war, extreme weather, electrical/internet load-shedding, fire, flood, riot, sabotage and terrorism), it shall be excused performance to the extent affected by the circumstances concerned so long as it shall both give notice to any effected user, if applicable, of those circumstances promptly after they first affected performance and use all reasonable commercial endeavours to remove or avoid their cause or effect. - NOTICES AND SERVICE ADDRESS
14.1. 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:
14.1.1. in the case of BBT at info@bbtafrica.co.za; or
14.1.2. in the case of the user, at the e-mail and addresses provided by the user to BBT in their engagement with us.
14.2. Each of the parties will be entitled from time to time, by written notice to the other to vary its service address to any other address which is not a post office box or poste restante, provided that the change will become effective only 14 (fourteen) days after service of the notice in question.
14.3. Notwithstanding the above, any notice given in writing in English, and 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
15.1. This document contains the entire agreement between the parties in relation to the subject matter hereof. Save as contemplated in clause 1.3 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.
15.2. No indulgence, leniency or extension of time granted by BBT shall constitute a waiver of any of BBT’s rights under these Terms and, accordingly, BBT 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.
15.3. 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.
15.4. The headings to the paragraphs in the Terms are inserted for reference purposes only and will not affect the interpretation of any of the provisions to which they relate.
15.5. Should you have any complaints or queries, kindly address an email to info@bbtafrica.co.za.
15.6. 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 user) (including collection commission) which may be incurred by BBT in relation to the breach.
15.7. 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.
15.8. 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 15.7 above.
Srila Prabhupāda's Annual Vyāsa-pūjā Book 