Terms & Conditions

Disclaimer

By using this service you are aware that the costs of downloading the audio material will be for the account of the user and is determined by the data rates agreed between you and your network or internet service provider.

This website, its software and all content found on it are provided on an “as is” and “as available” basis. The Castery Media (pty) Ltd. (“thecastery.fm”) does not give any warranties, whether express or implied, as to the suitability, usability or availability of the website, its software or any of its content. thecastery.fm will not be liable for any loss, whether such loss is direct, indirect, special or consequential, suffered by any party as a result of their use of the thecastery.fm website, its software or content.

Content storage and redistribution policy

All rights to audio content on the site remains with the original content provider. You are allowed to download and store audio content for personal use only.

You are allowed to redistribute audio content by: (a) sharing a link to the content on our website via social media (b) embedding the content on your website via our embedded web player.

All requests for audio files must be performed directly against our content servers from the end-user’s device, using only the URLs provided by our service. No redistribution network or service may cache or host the audio files.

Publisher Terms

These terms apply to all general end-users of our website. Customers using our service to publish content (podcasts or streams) are also bound by our Publisher Terms.

1. Who you are contracting to when you upload content

1.1. www.thecastery.fm (the “Website”) is owned and operated by The Castery Media (Pty) Ltd., a South African private company with Registration Number:

2021 / 557463 / 07 and with its principal place of business at 3rd Floor, Cape Town Office, Roeland street, Gardens, Cape Town, South Africa (hereinafter referred to as “thecastery.fm”).

1.2. This Service is offered subject to your acceptance as the content publisher (“Publisher”) without modification of all of the terms and conditions (“T&C”) contained herein.

If you do not agree to these T&C, do not continue to use any of the thecastery.fm Services. Your continued use of any of our Services will constitute acceptance of these T&C, unmodified by you.

2. Definitions

2.1. “Audio Content” shall mean the audio content to be hosted, distributed or streamed via our Platform;
2.2. “Intellectual Property” means all present and future rights in the Platform and any other rights which may in the future be based thereon, including but not limited to copyright, trademarks, Know-How and any other rights in the Platform;
2.3. “Know-How” means all confidential information of whatever nature relating to the Intellectual Property, the Platform and its exploitation, including but not limited to technical information, techniques, designs, specifications, formulae, systems, processes, ideas, marketing and business methods;
2.4. “Platform” shall mean the online and mobile media content transcoding, hosting, distribution and streaming system (including the ad delivery technology) developed by thecastery.fm.
2.5. “Services” shall mean the services more fully described in clause 3 below.

3. Services

3.1. thecastery.fm shall:
3.1.1. provide streaming as per the streaming commercial offering;
3.1.2. provide podcasting plans as per the podcast commercial offerings;
3.1.3. evaluate the Audio Content provided and determine whether it is suitable to be hosted, distributed and / or streamed on the Platform;
3.1.4. perform the necessary processing of the Audio Content to allow that content to stream and / or download more efficiently over the Platform and such processing may include reproducing Audio Content on the thecastery.fm servers and thecastery.fm will incur all associated costs related to technology maintenance and Platform enhancements;
3.1.6. provide usage and download reports via the administrator portal for the Publisher;
3.1.7. ensure that Audio Content is removed immediately on the instruction of the Publisher if required;
3.1.8. sell audio advertisements in the Audio Content, share such revenue with the Publisher as agreed between the Publisher and thecastery.fm in writing and pay the Publisher when thecastery.fm has been paid by brand owner or its appointed agency;
3.1.9. present Publisher with ad proposals for acceptance in accordance with the terms and conditions contained herein;
3.1.10. accept instructions to run ad campaigns in the Publisher’s content in accordance with pre-agreed in writing terms and conditions.

4. Duration

4.1. These T&C’s will commence on date of first audio upload or live stream and continue for an indefinite period, unless terminated by the either party on 1 (one) month’s written notice.

5. Fees and payment

5.1. Streaming and Podcasting services:

5.1.1. thecastery.fm will invoice the Publisher in advance in accordance with the applicable fees for the services that you subscribe to above.
5.1.2. Invoices will be payable 7 (seven) days from date of invoice, failing which the Service may be suspended without notice.
5.1.3. All prices are tied to USD – thecastery.fm may on a quarterly basis (during April, July, October and January each year) adjust the prices to provide for significant changes in the foreign exchange rate. (For the purposes of calculating this price change, a change in the foreign exchange rate will be significant if, at the time of calculation, the cost has increased or decreased by at least 5% (five percent) compared with the USD foreign exchange cost determined at the previous time of calculation.)

5.2. Advertising:

5.2.1. Should the insertion of advertising in the Audio Content be agreed with the Publisher, then thecastery.fm will notify the Publisher of any advertising sold during the previous month whereafter the Publisher can invoice thecastery.fm for its share of the advertising revenue as agreed.
5.2.2. thecastery.fm shall monthly render an invoice to the advertiser, or its appointed agent, in respect of any completed advertising campaign and use reasonable endeavours to collect on any such invoice and pay the Publisher its share of the invoice;
5.2.3. thecastery.fm shall not be liable for collection of the campaign revenue in the event that the advertiser or its agent fails to pay and shall cede to the Publisher any claim against the advertiser or their agent;
5.3. VAT: All prices include VAT unless stated otherwise.

6. Intellectual property

6.1. The Publisher confirms and acknowledges that it produces its own Audio Content and either owns all right title and interest, including copyright, in and to, the audio content or is licensed to distribute certain audio content by the copyright holder of the Audio Content.
6.2. thecastery.fm acknowledges that it hosts and distributes the Audio Content on behalf of the Publisher and as such the audio files uploaded to the Platform remain the sole property of the Publisher, unless otherwise agreed, and the parties agree that on termination of the Agreement thecastery.fm will delete and / or destroy all derivative copies of the Audio Content.
6.3. The Publisher shall not copy the whole or any part of the Platform, reverse engineer, disassemble, translate, adapt, modify, alter or in any way decode the whole or any part of the Platform or its source code.
6.4. The Publisher acknowledges that any and all of the Intellectual Property used or embodied in or in connection with the Platform will remain the sole property of thecastery.fm.

7. Trademark license

7.1. The Publisher grants thecastery.fm a non-exclusive, non-transferable, royalty-free, worldwide license to use and display the Publisher trademarks and / or logos provided by the Publisher for the sole purpose of advertising and promoting the Publishers content that is hosted and distributed via thecastery.fm’s Platform.

8. Limitation of liability

8.1. The Publisher shall have no claim against thecastery.fm for any direct, incidental, special, indirect or consequential loss of whatever nature arising from using any of the thecastery.fm services, including but not limited to loss of use and/or loss of profits and/or loss, spoiling or recovery of data, arising from the misuse of the Platform or the malfunctioning of the Platform or any other cause, whether occurring in contract, delict or otherwise.
8.2. thecastery.fm shall not be bound by any warranty, condition, undertaking or term, express or implied, as to the condition, quality, performance or fitness for a particular purpose of the Platform, or any part thereof, not expressly provided for in these T&C.
8.3. The Publisher indemnifies thecastery.fm and holds it harmless against any and all claims, fines, demands and liabilities arising directly or indirectly from the uploading of Audio Content to the Platform and / or the provision of any services (including advertising services) by thecastery.fm in terms of these T&C.

9. Termination and breach

9.1. Should either party materially breach any T&C and fail to remedy such breach within 14 (fourteen) days after receiving notice requiring such remedy, then the other party shall be entitled without prejudice to its other rights in law including any right to claim damages, to cancel these T&C.

10. General

10.1. These T&C shall be governed and shall be construed in accordance with the laws of the Republic of South Africa.
10.2. thecastery.fm may, in its sole discretion, change these T&C or any part thereof at any time on notice to you. It is your responsibility to ensure that you are satisfied with the amendments. Should you not be satisfied with the amendments, you must refrain from using in any way the Website and from uploading Audio Content.
10.3. If a provision of this T&C is or becomes illegal, invalid or unenforceable that shall not affect the validity or enforceability of any other provision in this T&C.
10.4. Either party may cede or assign all or any of its obligations under this T&C without the consent of the other.
10.5. You choose the address specified by you when signing up for the service for all purposes relating to this agreement, including the giving of any notice or the serving of any process.

Copyright infringement notifications

Content providers on our platform are not allowed to use copyrighted works in their audio, unless they have the appropriate license to do so. We process any claim of copyright infringement for content hosted on our platform on a per-item basis.

This process typically involves:

  • Listening to the content ourselves to validate whether the claim has merit.
  • Contacting the content provider hosting the content with the notice and actions.
  • Removing the content from our site if judged to be infringing.
  • Evaluate if the account belongs to a repeat infringer.
  • Send a report of actions taken to the originator of the claim.

Submitting a copyright claim

If you find any content on our site that you believe to be infringing on your copyright, please contact: info@thecastery.fm

Please include in your email a link to our website where the content is hosted, and a clear description of the copyrighted material to be found in the content.

Privacy Policy

Purpose

This policy indicates how and why we collect personal information from a data subject

In general, this policy indicates how and why we collect and process personal information.

Due to the nature of our audio services business, we are involved in the collection and processing of personal information of our customers, prospective customers and other persons who interact or attempt to transact with us. Any person whose information we collect is known as a “data subject” in this policy.

In compliance with the South-Africa Protection of Personal Information Act 4 of 2013, we commit to processing the personal information of data subjects lawfully and in a reasonable manner.

Data

We collect but do not link or share personal and activity data.

We use technologies like cookies (small files stored by your browser), web beacons, or unique device identifiers to anonymously identify your computer or device so we can deliver a better experience. Our systems also log information like your browser, operating system and IP address.

We only collect personally identifiable information that you provide to us to when creating an account on our platform. This requires email and may include optional fields such as name, address, phone number, gender, date of birth and preferences settings. When using our Facebook or Google login functionality, we may gather this information from those platforms.

Our systems are not designed to associate personal information with your activities (such as pages you view, links you click, searches you make or audio you consume). We do not knowingly contact or collect personal information from children under 13. If you believe we have inadvertently collected such information, please contact us so we can promptly obtain parental consent or remove the information.

Location

We collect and share anonymous location data.

To customize our service for you, we and our partners may collect, use, and share location data, including the real-time geographic location of your computer or device. This location data is collected anonymously in a form that does not personally identify you and is used only to provide and improve our service.

Access

You can request to view your personally identifiable information and correct or delete it,

The data subject can sign into their account to see any personally identifiable information we have stored, such as name, email, address or phone number. The data subject can also contact us by email to request to see this information.

We will take reasonable and appropriate measures to accurately record a data subject’s personal information as provided by them or their representatives and make reasonable efforts to ensure that personal information is complete, accurate and not misleading.

Data subjects have the right to request the correction, reduction or deletion thereof, subject to reasonable qualifications.

Any such request must be in writing and submitted for the attention of our information officer at info@thecastery.fm

Each data subject has the right to:

  1. withdraw any of the consents given in relation to the processing of their personal information (however, we may continue to process the personal information to the extent necessary to implement a contract with the data subject, or to protect the legitimate interests of the data subject, or to protect our legitimate interest, or to comply with any legal obligation);
  2. ask us to reveal what personal information we have relating to the data subject and who has had access to that information (in which case we will respond as soon as reasonably practicable);
  3. ask us to correct or delete any of their personal information, which is inaccurate, irrelevant, out of date, incomplete or misleading (in which case we will respond by altering our records, or substantiating our records, as appropriate, as soon as reasonably practicable);
  4. ask us to destroy or delete any of their personal information if it is no longer lawful for us to retain it (in which case we will respond as soon as is reasonably practicable, allowing time for us to seek legal advice if necessary);
  5. object to us processing any of their personal information where the processing is:
    5.1 not covered by consent;
    5.2 not necessary for carrying out a contract between us and the data subject;
    5.3 not necessary to discharge a legal obligation or protect our legitimate interests, and provided that the data subject has reasonable grounds for objection (in which case we will cease processing the personal information);
  6. object to the processing any of their personal information to prevent any direct marketing by us (in which case we must cease processing the personal information for this purpose);
  7. lodge a complaint to the Information Regulator at:

JD House, 27 Stiemens Street
Braamfontein
Johannesburg, 2001

PO Box 31533
Braamfontein, Johannesburg, 2017

Tel: 010 023 5207
Email: complaints.IR@justice.gov.za / inforeg@justice.gov.za.

Deletion

We keep personal data until deleted by the data subject.

We remove personally identifiable information (such as the data subject’s name, address, email or phone number) and other preferences associated with the account promptly after it is deleted.

We store and process personal information for so long as we maintain a business relationship or contact with such data subject, and for so long as may be permitted by law thereafter.

Sharing

We don’t share the data subject’s personal data with other companies..

We do not share personally identifiable information (such as name, address, email or phone) with other companies.

Ad Tracking

Ad companies collect anonymous data. The data subject can opt out of some tracking.

Ad companies may use and collect anonymous data about data subject’s interests to customize content and advertising here and in other sites and applications. Interest and location data may be linked to your device, but is not linked to your identity.

Vendors

Service providers access data on our behalf.

In order to serve the data subject, we may share personal and anonymous information with other companies, including vendors and contractors. Their use of information is limited to these purposes, and subject to agreements that require them to keep the information confidential. Our vendors provide assurance that they take reasonable steps to safeguard the data they hold on our behalf, although data security cannot be guaranteed.

Analytics companies may access anonymous data (such as your IP address or device ID) to help us understand how our services are used. They use this data solely on our behalf. They do not share it except in aggregate form; no data is shared as to any individual data subject.

Security

We take steps to protect personal information,

We take reasonable steps to secure a data subject’s personally identifiable information against unauthorized access or disclosure. We encrypt transmission of data on pages where a data subject provides payment information. However, no security or encryption method can be guaranteed to protect information from hackers or human error.

Information we collect may be stored or processed on computers located in any country where we do business.

Special

Special situations may require disclosure of your data.

To operate the service, we also may make identifiable and anonymous information available to third parties in these limited circumstances:

(1) with a data subject’s express consent,
(2) when required by law,
(3) when we have a good faith belief it is necessary to protect our rights or property, or
(4) to any successor or purchaser in a merger, acquisition, liquidation, dissolution or sale of assets. The data subject’s consent will not be required for disclosure in these cases, but we will attempt to notify the data subject, to the extent permitted by law to do so.

Last update

Changes to this privacy policy.

We may update this privacy policy at any time by publishing an updated version on our website. When we make changes to this policy, we will amend the revision date. The updated policy will apply from the effective date. We encourage you to review this policy regularly to remain up to date and informed.

Last update and effective date 1 July 2021.

Contact

Information officer

For queries relating to the processing of personal information, data subjects are requested to contact our information officer at info@thecastery.fm