Muslim Creators Circle

Terms Of Use

1. General

1.1.        Muslim Creator’s Circle (“MCC”) provides an online community for creators to connect, collaborate, showcase their work and access resources.

1.2.        This document sets out the terms and conditions of Use (“Terms”) and governs access to “Muslim Content Creators (MCC)” hereinafter referred to as (“the Platform”)

1.3.        The platform shall be exclusively operated by __________.

1.4.        By accessing or using the Platform, you explicitly agree to be bound by the terms and conditions contained herein.

2. Acceptance of Terms and conditions

2.1.        By creating an account, posting content, or otherwise using this Platform, you hereby confirm that you have read, understood, and agree to these Terms, as well as to our Privacy Policy.

2.2.        We reserve our rights, in our own discretion to amend, update or modify these Terms and conditions at any time. Should you be dissatisfied with any amendments made hereto, you should exit the platform.

2.3.        Any use of the Platform whether it be continuous use or not, constitutes acceptance of the terms and conditions, as well as any amendments made thereto.

3. Eligibility & Accounts

3.1.        In order to use the platform you are required to be 13 years old. No liability will be assumed by MCC should the platform be used by a person who misrepresents his/ her age in usage of the platform. Parental consent will be required where necessary as per the privacy policy.

3.2.        In using the platform you assume the sole responsibility to maintain and protect the confidentiality of your account and your login details.

3.3.        You will also be responsible for maintaining the confidentiality of the credentials of your account.

3.4.        Should you suspect any unauthorized use of your account, the onus is on you to ensure that you notify MCC of same with immediate effect. We will not assume any liability should any of the above in fact occur.

4. User Content & License to MCC

4.1.        Ownership:

4.1.1.    You will retain ownership of any content you post, upload, share or submit on the Platform (“User Content”).

4.2.        License to MCC and Usage of Content

4.2.1.    By posting User Content, you grant MCC a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, host, reproduce, modify, distribute, display, and perform your content in connection with the operation and promotion of the Platform.

4.2.2.    This will include all the above for promotion of yourself and MCC and for marketing.

4.2.3.    You reserve the right to delete your content at any time, however you hereby acknowledge that reasonable archival and backup copies may continue to exist. MCC reserves the right to continue to use this content even in the event that if may have been deleted by yourself and will not assume any liability for posting same after you have elected to delete such content.

4.2.4.    You hereby represent that you have the necessary rights and authority to grant such license.

4.2.5.    You represent and warrant that your User Content does not violate any third party rights, laws, infringe intellectual property rights, or contain harmful, defamatory, or abusive material. Each user accepts that it is his sole and exclusive responsibility to ensure the above.

4.2.6.    Where permitted by law, you waive the moral rights to the extent necessary for MCC to exercise the above license, while simultaneously not limiting your right to be identified as the author where applicable.

5. COMMUNITY STANDARDS AND ACCEPTABLE USE INCLUDING RIGHTS OF SUSPENSION AND TERMINATION

5.1.        You agree not to use the Platform to:

5.1.1.    Violate any laws of the Republic of South Africa, and/or any other laws;

5.1.2.    Engage in or post any unlawful, discriminatory, hateful, harassing, defamatory, pornographic, violent, fraudulent, harmful or obscene content or activity, or any activity or content that could be classified as such;

5.1.3.    Infringe on the intellectual property or privacy rights of others;

5.1.4.    Upload any malware or harmful code, or attempt to disrupt , damage or gain unauthorised access to the platform,

5.1.5.    Scrape, harvest or spam;

5.1.6.    Impersonate other persons or misrepresent any affiliations;

5.1.7.    Circumvent, test tarnish , jeopardise any security or security processes;

5.1.8.    Use MCC to dox, threaten or exploit monitors.

5.2.        MCC reserves the right to remove any content and to suspend and /or terminate any user accounts that operate in breach or contravention of these rules.

6. Intellectual Property

6.1.        All rights, title, and interest in the Platform, including its software, features, trademarks, and branding, belong to us and our licensors. You may not copy, modify, distribute, or create derivative works without our prior written consent.

7. Disclaimers & Warranties

7.1.        The Platform is provided on an “as is” and “as available” basis.

7.2.        To the fullest extent as permitted by law, “MCC” hereby disclaims all warranties whether express, implied, statutory or otherwise regarding the accuracy, reliability, availability, or security of the Platform. Your use of the Platform is at your own risk.

7.3.        The above further includes merchantability, fitness for a particular purpose, and non-infringement.

7.4.        MCC in no way guarantees error-free or uninterrupted access.

8. Limitation of Liability

8.1.        To the maximum extent permitted by law, MCC and its officers, employees, and partners shall not be liable for any indirect, incidental, consequential, exemplary, special, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or business interruption, arising out of or relating to your use of the Platform even if advised of the possibility.

8.2.        MCC’S aggregate liability for all claims relating to the platform will not exceed the greater of :

8.2.1.    R1000.00, or

8.2.2.    The amounts you paid to MCC within the 12 months preceding the claim.

8.3.        All consumable rights under non- excludable law remain unaffected.

9. Indemnification

9.1.        You hereby agree to indemnify, defend, and hold MCC, its affiliates, officers, directors, employees, and agents harmless from and against any claims, liabilities, damages, losses, costs, and expenses (including legal fees) arising out of or related to inter alia:

9.1.1.    Your use of the Platform;

9.1.2.    Your User Content;

9.1.3.    Your violation or breach of these Terms or any applicable law.

10. Third-Party Links & Services

10.1.     The Platform may contain links to third-party websites or services. We are not responsible for the availability, accuracy, or practices of third parties.  We are not responsible for third party terms, privacy or actions.

10.2.     Your interactions with third parties are solely between you and them, at your discretion and at your own risk.

11. Governing Law & Dispute Resolution

11.1.     These Terms shall be governed by and construed under the laws of South Africa without regard to conflict of law principles.

11.2.     All users of the platform hereby consent to the jurisdiction of the courts of South Africa.

11.3.     Alternative Dispute Resolution (ADR)

11.3.1. Negotiation

i)             If any claim, dispute, or disagreement arises from or in connection with these terms of use of the use of the platform, the parties hereby agree to first attempt to resolve the matter amicably through negotiation.

11.3.2. Mediation

i)             If the dispute is not resolved within 30(thirty) days , either party may refer the matter to confidential mediation under the Arbitration Foundation of South Africa (AFSA) or any other recognised mediation service / mediator agreed upon by both parties.

ii)            The costs of the mediation shall be shared equally between the parties, unless agreed otherwise.

11.3.3. Arbitration

i)             If mediation is unsuccessful, the dispute shall be finally resolved by binding arbitration in accordance with AFSA rules. The Arbitration shall take place in ______________, and shall be conducted in English and be conducted by a single arbitrator appointed in terms of AFSA rules.

ii)            The decision of the arbitrator shall be final and binding on the parties, and may be made an order of court by any court of competent jurisdiction.

11.4.     Urgent relief

i)             Nothing in this clause prevents either party from approaching a South African Court of competent jurisdiction for relief and/or interim relief where necessary to protect its rights.

11.5.     Consumer Protection Act

i)             Where applicable, this ADR process is subject to the rights afforded to consumers under the Consumer Protection Act 68 of 2008, including the right to refer disputes to the National Consumer Tribunal or relevant Ombud scheme if applicable.

12. Content Moderation & Notice takedown

12.1.     We reserve the right to monitor content but are not obliged to do so.

12.2.     We maintain a repeat-infringer policy.

12.3.     Should you believe that content infringes your rights, kindly send us a detailed email with the following information:

12.3.1. Your contact details;

12.3.2. The specific content URLS;

12.3.3. The right allegedly infringed;

12.3.4. Statement under oath that your claim is made in good faith;

12.3.5. The requested remedy.

12.4.     We may forward your notice to the user to allow a counter-notice and will act appropriately at our discretion.

13. Payments and commerce (If Applicable)

13.1       If MCC later enables paid features, marketplace listings, or  

subscriptions, additional Commercial Terms will apply (including fees,   

refunds, taxes, and payout rules).

13.2.       For South African consumers, electronic commerce may be subject to the  Electronic Communications and Transactions Act, 2002 (ECTA) and the  Consumer Protection Act, 2008 (CPA), including cooling‑off rights for certain transactions concluded electronically or arising from direct marketing.

13.3.       You hereby agree to comply with applicable laws.

13.4.       MCC aims to comply with South African law (including but not limited to  POPIA, PAIA, ECTA, CPA) and, to the extent we target users in those regions, GDPR/UK GDPR and similar frameworks for privacy and consumer protection.

14. Privacy & Data Protection

14.1.      Our processing of personal information is governed by the Privacy Policy. You agree that we may process data as contained therein, including international transfers subject to appropriate safeguards.

15. Contact; PAIA; information officer

15.1.     Our Information Officer (under POPIA/PAIA) can be reached at ___________

15.2.       The PAIA Manual will be published at [URL]. For data access/correction requests, security‑compromise notifications, or complaints, contact the Information Officer.

16.         Miscellaneous

16.1.  Entire Agreement: These Terms constitute the entire agreement between you and us regarding the Platform and the use thereof.

16.2       .Severability: If any provision is found unenforceable, the remaining provisions  remain in effect.

16.3       .  No Waiver: Failure to enforce any provision does not constitute a waiver of our rights.