These Terms and Conditions ("Terms") govern your access to and use of the LekkaClips platform, website, mobile application, and Progressive Web App (collectively, the "Platform"), operated by LekkaClips or its affiliates ("LekkaClips", "we", "us", or "our"), located at Pretoria, South Africa.
By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree to all of these Terms, you must not use the Platform.
1. Definitions
"Content" means any videos, audio, images, text, comments, messages, profiles, or other material uploaded, posted, or shared by users on the Platform.
"User", "you", or "your" refers to any individual or entity accessing or using the Platform.
"Services" refers to all features, functionalities, and content made available through the Platform.
2. Eligibility
You must be at least 13 years old (or the minimum age required in your jurisdiction) to use the Platform. If you are under 18, you represent that you have your parent's or legal guardian's permission to use the Platform. Certain features may have additional age restrictions.
3. User Accounts
- You may need to create an account to access certain features.
- You are responsible for maintaining the confidentiality of your account credentials.
- You must provide accurate and complete information and keep it updated.
- You are solely responsible for all activities that occur under your account.
- We reserve the right to suspend or terminate accounts at our discretion, with or without notice.
4. User Content and License Grant
By posting or uploading Content to the Platform, you grant LekkaClips a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to host, store, use, reproduce, modify, create derivative works of, distribute, publish, publicly perform, and publicly display your Content in connection with the operation, promotion, and improvement of the Platform. You retain ownership of your Content, subject to the license granted above.
5. User Conduct and Prohibited Activities
You agree not to:
- Upload, post, or share Content that violates any applicable law or infringes third-party rights (including copyright, trademark, privacy, or publicity rights).
- Post Content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, hateful, or otherwise objectionable.
- Impersonate any person or entity or misrepresent your affiliation with any person or entity.
- Engage in spam, solicitation, or commercial activities without authorization.
- Attempt to circumvent, disable, or otherwise interfere with security features of the Platform.
- Use the Platform for any illegal purpose or to promote illegal activities.
- Collect or harvest data from other users without consent.
- Use automated tools (bots, scrapers, etc.) to access the Platform except as expressly permitted.
We reserve the right to remove any Content and suspend or terminate accounts that violate these rules.
6. Intellectual Property
All intellectual property rights in the Platform (including design, code, logos, trademarks, and proprietary content) are owned by LekkaClips or its licensors. You may not copy, modify, distribute, or create derivative works of any part of the Platform without our prior written consent.
7. Copyright and DMCA / Takedown Policy (South Africa)
We respect intellectual property rights. If you believe your copyrighted work has been infringed on the Platform, please send a takedown notice to our designated copyright agent at: lekkaclips@gmail.com.
We will respond to valid notices in accordance with the Electronic Communications and Transactions Act (ECTA) and other applicable South African laws.
8. Third-Party Links and Services
The Platform may contain links to third-party websites or services. We are not responsible for the content, policies, or practices of any third parties.
9. Privacy
Your privacy is important to us. Please review our Privacy Policy which explains how we collect, use, and disclose your information.
10. Disclaimers
The Platform is provided on an "AS IS" and "AS AVAILABLE" basis. To the fullest extent permitted by law, LekkaClips disclaims all warranties, whether express, implied, or statutory, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that the Platform will be uninterrupted, error-free, secure, or free from viruses or harmful components.
11. Limitation of Liability
To the maximum extent permitted by applicable law, LekkaClips shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, data, or goodwill, arising out of or in connection with your use of the Platform. Our total aggregate liability to you shall not exceed the greater of (i) the amount you paid us (if any) in the twelve months preceding the claim, or (ii) ZAR 500.
12. Indemnification
You agree to indemnify, defend, and hold harmless LekkaClips, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including legal fees) arising out of or in any way connected with: your Content, your violation of these Terms, or your violation of any third-party rights.
13. Termination
We may terminate or suspend your account and access to the Platform at any time, for any reason, without prior notice. Upon termination, your right to use the Platform ceases immediately, but the licenses you granted to us regarding your Content survive.
14. Changes to These Terms
We may update these Terms from time to time. We will notify you of material changes by posting the new Terms on the Platform and updating the "Last Updated" date. Your continued use of the Platform after such changes constitutes your acceptance of the revised Terms.
15. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Pretoria, South Africa.
16. General Provisions
- If any provision of these Terms is held invalid, the remainder shall continue in full force.
- Our failure to enforce any right does not constitute a waiver.
- These Terms constitute the entire agreement between you and LekkaClips regarding the Platform.
Contact Us
If you have any questions about these Terms, please contact us at: lekkaclips@gmail.com