Welcome to Martie Breytenbach Kids Ministry
 

The following describes the terms and conditions on which Martie Breytenbach (referred to herein as “Martie,” “she,” “her”) operates. Your permission to use the Martie Breytenbach website and the licenses granted herein are expressly conditioned upon your acceptance of the terms and conditions set out in this document, which are hereby incorporated by reference (collectively, the “Agreement”).

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This Agreement, including Martie Breytenbach's Privacy Policy, which is incorporated in this Agreement, constitutes the entire agreement between you and Martie Breytenbach and governs your use of the Service.

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My terms and conditions are governed by the laws of the Republic of South Africa, as applied to agreements entered into, and constitute a legal and binding agreement between the parties.

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Definitions

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Agreement – the terms and conditions as set out in this document

Service - the service in all its different facets provided by Martie Breytenbach

Content – downloadable (digital) products created by Martie Breytenbach 

Buyer – Professional or lay person (the public) who purchases Content via the Service.  Any person who wishes to purchase products must register as a Buyer on Martie Breytenbach’s website.  Registering as a Buyer is free of charge.  Service fees are also not applicable to a Buyer on Martie Breytenbach.

Visitor – any person visiting the Martie Breytenbach website who is not a registered Buyer

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1. Description of Service

 

Martie Breytenbach is a web-based service available from the domain www.martiebreytenbach.com. This service provides customers (the public) with an online platform on which to use, buy, and download products (Content). 

This Agreement governs the Buyer’s access to and use of the Service.  By registering with Martie Breytenbach or by using the Service in any manner – including, but not limited to, by visiting the www.martiebreytenbach.com website – you acknowledge and agree to the terms and conditions stated in this Agreement.

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2. Buyer eligibility

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• No person under the age of 18 years is authorized to register as a Buyer on Martie Breytenbach.com. If a person under the age of 18 wants to buy a product, an authorised adult needs to register as the buyer on behalf of the person under 18 years.

• At Martie Breytenbach, we use English as the primary language to communicate with our visitors and Buyers. Therefore, any Buyer purchasing products in English from us should be competent in understanding and communicating in English.

• Your use of the Service includes the ability to enter into agreements and/or to make purchases electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND PURCHASES. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.

 

3. Agreement of Buyers to Pay for Purchases

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You agree to pay in full for all Content purchased through the Service, and agree that Martie Breytenbach may charge your credit card, or other account for any Content purchased, and for any additional amounts (including any taxes and late fees, as applicable) as may be accrued to or in connection with your Buyer Account.

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YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL SALES PRICES AND FOR PROVIDING MARTIE BREYTENBACH WITH VALID CREDIT CARD INFORMATION FOR PAYMENTS.

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Some of our products are sold by third parties, and purchases (including packaging and shipping) from them are therefore governed by their policies, terms, and conditions. It is your responsibility to inform yourself about their rules and regulations as they apply to your purchase through their website, before making a purchase through them. Martie Breytenbach holds no responsibility for any part of the purchase process, including handling, packaging, shipping, and delivery made through third-party websites. You are responsible for handling any disputes encountered with a third party yourself. Martie Breytenbach will not handle any dispute on your behalf.

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4. Refund Policy

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No digital downloadable product on www.martiebreytenbach.com will be refunded by Martie Breytenbach.  Once a transaction for the purchase of a digital/downloadable product has been approved, the sale is final, and no reversal of the transaction can take place.

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As a Buyer, it is your responsibility to determine that you have the appropriate hardware/software, internet, and service connectivity to buy and make use of digital files.

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5. Links to Other Sites and Resources

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If Martie Breytenbach finds useful information for our Buyers or Visitors on other websites, she may include links to these sites. As a Buyer, you hereby state that you understand that Martie Breytenbach has no control and is not responsible or liable for the availability or accuracy of the content of external websites to which she links.  You understand that the reliance on the contents or services of such an external website or resource is done at your own risk, and you assume all responsibilities and consequences resulting from such reliance. Please read the privacy policies on all linked sites.

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6. Social Media

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Martie Breytenbach’s website includes links to social media sites that allow you to post messages about Martie Breytenbach and her Content. If you choose to use these social media platforms, you are solely responsible for ensuring that your use complies with all applicable laws, rules, and regulations, this Agreement, and any terms, conditions, and restrictions of the relevant social media platforms.

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7. Electronic Communications

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When you contact Martie Breytenbach, subscribe to her newsletter, download a product, or register as a Buyer, you consent to receiving electronic communications from Martie Breytenbach.

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You acknowledge and agree that, in law, this Agreement constitutes a written agreement, which upon your electronic acceptance and submission, will be regarded as signed by you.

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Martie Breytenbach reserves the right but assumes no obligation to provide communications in paper format.

You agree that in the event of a dispute between you and Martie Breytenbach or between you and any other Buyer or visitor, Martie Breytenbach’s electronic records of your transactions, this Agreement, Privacy Policy, any identity verification information provided in a paper format and subsequently scanned or otherwise converted into an electronic format, and any other information stored or created electronically shall be admissible in a court of law, proceeding or in relation to a law enforcement or regulatory investigation or prosecution.

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8. Intellectual Property Rights

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Martie Breytenbach holds all the intellectual property rights with regard to all the products displayed and sold on her website.

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Except as expressly provided in this Agreement or otherwise permitted by law, or as indicated on specific pages within products, no Martie Breytenbach Content may be copied, reproduced, modified, republished, disassembled, reverse engineered, uploaded, posted, publicly displayed, publicly performed, publicly performed by means of a digital audio transmission, encoded, translated, transmitted, or distributed in any way to any other person, computer, server, website, or in any other medium for any purpose, without Martie Breytenbach’s express prior written consent.

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You agree that delivery of the Content to you does not transfer to you any commercial or promotional use rights of the Content. You agree that your use of the Service (including your purchase of Content) constitutes your acceptance of and agreement to use the Service and such Content solely in accordance with this Agreement, and that any other use of the Service or Content may violate copyright and other laws, and you may be subject to liability for such unauthorized use.

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9. Privacy Policy

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This Privacy Policy applies only to our online practices.

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9.1. Personally Identifiable Information

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We consider the following to be personally identifiable information:

• first and last name,

• e-mail address,

• street and postal address and

• phone number/s.

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Martie Breytenbach (and/or her agents or affiliates) may collect online and use personally identifiable information from her online Buyers and Visitors:

• to process and fulfil transactions;

• in connection with surveys, subscription registrations, blogs and her requests for suggestions;

• to customize the content of our site for her Visitors' and Buyers’ current and future needs; and

• to provide service-related announcements or information about materials and activities that may be of interest to our Buyers.

 

9.2. Non-personally Identifiable Information and the use of Cookie Technology

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Martie Breytenbach considers non-personally identifiable information as:

• information that she uses internally to identify you as a Buyer or user in her system, such as your selected username,

• information about her visitors' browsers (e.g., Netscape Navigator or Internet Explorer),

• operating systems (e.g., Windows or Macintosh),

• Internet service providers (e.g., AOL or NET.COM) and

• other similar information, which she tracks in aggregate form.

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At Martie Breytenbach.com she makes use of cookie technology, as well as voluntary submissions to her and/or upon her request to collect non-personally identifiable information.  The non-personally identifiable information that she tracks is anonymous and will never be identified with or lead her back to any of her Visitors or Buyers.

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To understand what cookie technology entails, please refer to Wikipedia’s explanation of the term http cookie. Additionally, she also uses “cookies” to store session information with regard to items in your shopping cart.

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9.3. Security

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Security is provided by Wix.com. They use secure server software over a Secure Socket Layer (SSL) line to protect your credit card information. It encrypts all of your personal and credit card information so that this information cannot be read as it travels to our ordering system, and once it is received, it is stored in a location not accessible via the Internet.

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9.4. Popi Act Policy

 

At Martie Breytenbach she adheres to the Protection of Personal Information Act (“POPI Act”).

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She is committed to protecting your privacy and to ensure that your personal information is collected, used and disclosed in a manner that fully complies with POPI.

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She may disclose your personal information to service providers and other relevant parties involved in the delivery of products and services to you. Under the POPI Act, all parties are required to implement measures to protect your personal information.

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She may share your personal information with and obtain personal information about you from credit agencies, law enforcement agencies, and other service providers that you do business with. She may disclose your personal information when she has a duty or right to do so under the law, or to protect her rights, or those of her partners, staff, clients, or third parties.

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She is required to maintain financial records for up to five (5) years. These records may include, to a lesser extent, personal information that she may not delete. She will verify your identity before updating or deleting your personal information.

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She will only use your personal information for the purposes for which it was collected, for example to manage your account, maintain sales and service records, perform credit checks, collect money owed to her, verify your authority or identity, confirm any transaction, detect and prevent fraud, crime, cybercrime and security breaches, conduct market research or customer satisfaction research, respond to legal notices, or institute or participate in legal proceedings.

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9.5. Revision of her Privacy Policy

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Martie Breytenbach can, at her discretion, revise her privacy policy. She will inform all Buyers regarding any changes with regard to her Privacy Policy. Irrespective of the fact that a Buyer reads her mail regarding changes in her Privacy Policy, it remains the Buyer's responsibility to visit her webpage containing this information regularly.

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The Privacy Policy is part of this Agreement. If you are not satisfied with the level of privacy she provides or otherwise disagree with the Privacy Policy, you do not accept this Agreement.

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10. Governing Law and Jurisdiction

 

Martie Breytenbach’s website is hosted, controlled, and operated from the Republic of South Africa and therefore governed by South African law, and this Agreement and its interpretation and implementation are also governed by South African law. Subject to the ‘Complaints and Disputes’ clause of this Agreement, you and Martie Breytenbach submit to the non-exclusive jurisdiction of the Pretoria High Court of South Africa.

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11. Indemnity

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By accepting this Agreement, you agree to indemnify and hold Martie Breytenbach and its subsidiaries, affiliates, officers, agents, employees, partners, and licensors harmless from any and all claims, demands, liabilities, expenses, or tax assessments, including reasonable attorneys’ fees, arising out of any claim made by any third party or any action taken by any governmental or regulatory body, due to, arising out of, or relating to (i) any product, content, information, or materials that you purchase, (ii) your use of the Service, (iii) your connection to the Service, (iv) your actual or alleged breach of this Agreement (including our Privacy Policy), (v) your actual or alleged violation of any applicable laws, rules, regulations, or rights of another.

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12. Disclaimer and Limitation of Liability

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You agree that the site and the Service are provided on an “as is” and “as available” basis, and that your use of the Service provided by Martie Breytenbach shall be at your sole risk. To the fullest extent permitted by law, Martie Breytenbach, her affiliates, and her and their officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the website, the Service, and your access to and use thereof, including without limitation any implied warranty of merchantability, title, non-infringement, or any implied warranty arising from course of dealing or usage of trade.

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Martie Breytenbach also makes no representations or warranties that the Contents of the Service or any products/content listed for sale on the service are fit for any particular purpose or will meet any user’s requirements, and assumes no liability or responsibility for any (i) unauthorized access to or use of her secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the Service, (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the Service by any third party, and/or (v) any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any product or Content posted, emailed, transmitted, sold, or otherwise made available via the Service.

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You agree that Martie Breytenbach, her affiliates, and her officers, directors, employees, and/or agents shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of use, or data or other intangible losses, resulting from: (i) the access to, use, or the inability to access or use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained or messages received or transactions entered into, through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Service; or (v) any other matter relating to the Service.

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Notwithstanding the above disclaimers of liability, should she nevertheless be found to be liable to you in relation to the Services for any reason, then, to the extent allowed by law, her maximum aggregate responsibility and liability to you (including for negligence and whether pursuant to one or more claims) in relation to this Agreement and the Service will be limited to paying you up to a maximum aggregated amount of R5,000 (five thousand South African rand).

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Whilst she aims to provide uninterrupted Services, unfortunately, she cannot guarantee this, as interruptions may be caused by factors beyond her reasonable control. To the extent allowed by law, under no circumstances will Martie Breytenbach be liable for any events beyond her reasonable control.

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Access to the website may be restricted from time to time to allow for repairs, maintenance, or the introduction of new services.

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Although her intention is to develop a well-rounded product, no product should be regarded as fully comprehensive in all matters relating to the topic for which it was designed.

 

13. Termination

 

Martie Breytenbach reserves the right to suspend or terminate, or take any other action or remedy that she deems reasonable, appropriate, or necessary, in her sole discretion, with respect to your Buyer account immediately, without prior notice or liability, for any reason. If she terminates your account, your right to use the Service will immediately cease. You may terminate your Buyer account at any time and for any reason, and she will make available through the Service reasonable means for you to do so. When these terms come to an end, those terms that by their nature are intended to continue indefinitely will continue to apply, including but not limited to, ownership provisions, licenses, warranty disclaimers, indemnity, and limitations of liability.

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14. Complaints and Disputes

 

Should you have any complaints relating to Martie Breytenbach’s Service, the website, or another user, please contact her.

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Should a dispute of any nature whatsoever arise between you and Martie Breytenbach on any matter provided for in or arising out of this Agreement and such dispute is not resolved through Martie Breytenbach, save for urgent or interim relief which may be granted by a competent court, such a dispute may be submitted to confidential arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa from time to time. Arbitration proceedings shall be conducted in Pretoria in English. The expedited arbitration rules may be downloaded from http://www.arbitration.co.za.

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15. Miscellaneous Provisions

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15.1. Ownership of the Site

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This site, the Service, the Content, all domain names, Martie Breytenbach information and agreements, text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code therein (collectively, the “Martie Breytenbach Content”), including without limitation the design, structure, selection, coordination, expression, “look and feel,” and arrangement of such Content is owned, controlled, or licensed by or to Martie Breytenbach, and is protected by trade dress, trade secret, copyright, patent, and trademark laws, and various other intellectual property rights.

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The name Martie Breytenbach is a registered defensive name.

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15.2. Martie Breytenbach's Termination of Service

 

Martie Breytenbach reserves the right at any time to modify, suspend, or discontinue providing the Service or any part thereof with or without notice. Martie Breytenbach will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.

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15.3. Transfer of this Agreement

 

Martie Breytenbach is entitled to cede (i.e. transfer) this Agreement to any third party without your consent, other than if such cession would be to your detriment.  However, you may not cede or transfer this Agreement or any of your rights or obligations hereunder to any other person.

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15.4. Headings in this Agreement

 

Section titles and headings in this Agreement are for convenience only, and have no legal or contractual effect.

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15.5. Consumer Protection Act (cpa) 68 of 2008

 

To the extent that this Agreement and/or any of the Services are regulated by the CPA, it is not intended that any provision of this Agreement contravenes any provision of the CPA and therefore all provisions of this Agreement must be treated as being qualified, if necessary, to ensure that the provisions of the CPA are complied with.

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15.6. Miscellaneous

 

If a court or similar body decides that any wording or provision (or its application to any person or circumstance) in this Agreement is illegal, invalid or unenforceable, that decision will not affect the rest of this Agreement, which shall not be affected or impaired but will remain binding on all parties. However, if the wording or provision that is illegal, invalid or unenforceable can be made valid and enforceable by deleting part of it or by modifying it, or by substituting legal, valid and enforceable provisions for the illegal, invalid and/or unenforceable provisions, she and you both treat the wording and provision as if it is so deleted or substituted, so that the wording becomes legal, valid and enforceable.

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Any failure by her to enforce any of her terms does not in any way suggest a waiver of any of her rights.  If any of her terms are severed, all remaining terms will remain in effect.

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Any rights not expressly granted herein are reserved.

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Martie Breytenbach may change or amend this Agreement. If she makes material changes, she will notify you by email. Your use of the Service after the date such change(s) become effective will constitute consent to the changed terms. If you do not agree to the changes, you must immediately stop using the Service. Otherwise the new terms and conditions will apply to you.

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You hereby acknowledge that you understand that by accessing and using the Service and agreeing to the terms of this Agreement, you may be waiving rights with respect to claims that are at this time unknown or unsuspected.  You hereby also waive any part of any civil code, act or law that contradicts any part of this Agreement.

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This Agreement (including the Privacy Policy and other documents or policies incorporated herein by reference) is the entire agreement between you and Martie Breytenbach with respect to your use of the Service, and supersedes all documentation, information and other communications (in each case whether spoken or written) between her with respect to such access and use.

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Please send any questions or comments for customer service, or to report any violations of this Agreement, to her by email.

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Last Updated: May 2025