Terms of Service

1. Agreement to Terms

Welcome to The Common Sense. These Terms of Service ("Terms") govern your access to and use of our website (thecommonsense.co.za), mobile applications, and all related services (collectively, the "Service").

By accessing or using our Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use the Service.

These Terms constitute a legally binding agreement between you and The Common Sense, a registered business in South Africa.

2. Eligibility

To use our Service, you must:

• Be at least 18 years of age
• Have the legal capacity to enter into binding contracts
• Not be prohibited from using the Service under South African law or any other applicable jurisdiction
• Provide accurate, current, and complete information during registration

By creating an account, you represent and warrant that you meet these eligibility requirements.

3. Account Registration and Security

3.1 Account Creation

To access certain features of our Service, you must create an account. You may register using:

• Email and password through our authentication provider (Clerk)
• Google Single Sign-On (SSO)
• Other third-party authentication services we may offer

3.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access or security breach
• Ensuring your account information remains accurate and up-to-date

3.3 Account Termination

We reserve the right to suspend or terminate your account if:

• You violate these Terms
• You provide false or misleading information
• Your account is used for fraudulent or illegal activities
• We are required to do so by law

You may delete your account at any time through your account settings or by contacting info@thecs.org.

4. Subscriptions and Payments

4.1 Subscription Plans

The Common Sense offers various subscription tiers:

• Free Access: Limited access to select articles and content
• Premium Subscription: Full access to all articles, videos, podcasts, and exclusive content
• Special Offers: Promotional or limited-time subscription plans as announced

4.2 Billing and Payment

By subscribing to a paid plan:

• You authorize us to charge your payment method on a recurring basis (monthly or annually, as selected)
• Subscription fees are billed in advance at the beginning of each billing cycle
• All payments are processed securely through our third-party payment processors
• Prices are displayed in South African Rand (ZAR) unless otherwise specified
• You are responsible for all applicable taxes

4.3 Price Changes

We reserve the right to change subscription prices at any time. Price changes will:

• Be communicated to you at least 30 days in advance
• Take effect at your next billing cycle
• Allow you to cancel your subscription before the price change takes effect

4.4 Automatic Renewal

Subscriptions automatically renew unless you cancel before the next billing date. You will receive an email reminder before renewal.

4.5 Cancellation Policy

You may cancel your subscription at any time by:

• Visiting your account settings and selecting "Cancel Subscription"
• Contacting our support team at info@thecs.org

Upon cancellation:

• You will retain access until the end of your current billing period
• No refunds will be provided for partial billing periods
• You can reactivate your subscription at any time

4.6 Refund Policy

Refunds are generally not provided except in the following circumstances:

• Billing Errors: If you are charged incorrectly, we will refund the incorrect amount
• Technical Issues: If you cannot access the Service due to technical problems on our end
• First-Time Subscribers: We offer a 7-day money-back guarantee for first-time premium subscribers

To request a refund, contact info@thecs.org within 7 days of the charge.

5. Content and Intellectual Property

5.1 Our Content

All content on The Common Sense, including but not limited to:

• Articles, analysis, commentary, and opinion pieces
• Videos, podcasts, and multimedia content
• Graphics, images, logos, and branding
• Website design, layout, and software
• Database compilation and organization

is owned by The Common Sense or our licensors and is protected by South African and international copyright, trademark, and other intellectual property laws.

5.2 License to Use Our Content

We grant you a limited, non-exclusive, non-transferable license to:

• Access and view content for personal, non-commercial use
• Share links to our articles on social media
• Quote brief excerpts with proper attribution (see Fair Use below)

5.3 Restrictions on Use

You may NOT:

• Copy, reproduce, or republish our content without permission
• Modify, adapt, or create derivative works from our content
• Use our content for commercial purposes
• Remove copyright notices, watermarks, or other proprietary markings
• Use automated systems (bots, scrapers) to access or download content
• Circumvent paywalls or access restrictions
• Frame or embed our content on other websites without permission

5.4 Fair Use and Attribution

You may quote brief excerpts (up to 100 words) from our articles if you:

• Provide clear attribution to The Common Sense
• Link back to the original article
• Do not misrepresent or distort the original meaning
• Use quotes for commentary, criticism, news reporting, or education

5.5 User-Generated Content

When you submit content to our Service (comments, feedback, suggestions), you grant us:

• A worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display your content
• The right to sublicense this content to third parties
• The right to use your username in connection with your content

You represent and warrant that:

• You own or have the right to submit the content
• Your content does not violate any third-party rights
• Your content complies with these Terms

5.6 Copyright Infringement

If you believe content on our Service infringes your copyright, contact us at info@thecs.org with details of the alleged infringement.

6. User Conduct and Prohibited Activities

6.1 Acceptable Use

When using our Service, you agree to:

• Comply with all applicable laws and regulations
• Respect the rights and dignity of other users
• Provide accurate information
• Use the Service only for lawful purposes

6.2 Prohibited Activities

You may NOT:

• Harassment: Post content that harasses, threatens, or intimidates others
• Hate Speech: Post content that promotes hatred, violence, or discrimination based on race, ethnicity, religion, gender, sexual orientation, disability, or other protected characteristics
• Illegal Content: Post content that violates any law or promotes illegal activities
• Spam: Send unsolicited messages, advertisements, or promotional material
• Misinformation: Deliberately spread false information or manipulated media
• Impersonation: Impersonate another person or organization
• Privacy Violations: Share private information about others without consent
• Malicious Code: Upload viruses, malware, or harmful code
• System Interference: Attempt to hack, disrupt, or gain unauthorized access to our systems
• Account Sharing: Share your account credentials with others
• Multiple Accounts: Create multiple accounts to evade bans or restrictions

6.3 Content Moderation

We reserve the right to:

• Remove or modify any content that violates these Terms
• Suspend or ban users who violate these Terms
• Report illegal activities to law enforcement
• Take any action necessary to protect our users and Service

We are not obligated to monitor content but may do so at our discretion.

7. Third-Party Services and Links

Our Service may contain links to third-party websites, services, or resources. We do not:

• Endorse or control these third-party services
• Assume responsibility for their content or practices
• Guarantee their accuracy, safety, or availability

Your use of third-party services is at your own risk and subject to their terms and policies.

8. Disclaimers and Limitations of Liability

8.1 "As Is" Service

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Accuracy, completeness, or reliability of content
• Uninterrupted or error-free operation
• Security or freedom from viruses
• Fitness for a particular purpose

8.2 Content Disclaimer

Our content is for informational purposes only and should not be construed as:

• Professional Advice: Legal, financial, medical, or other professional advice
• Endorsements: Endorsement of any product, service, or political position
• Guaranteed Accuracy: While we strive for accuracy, we do not guarantee that all information is current or error-free

Always verify important information and consult qualified professionals for specific advice.

8.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMMON SENSE SHALL NOT BE LIABLE FOR:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Damages arising from your use or inability to use the Service
• Damages arising from third-party content or actions
• Unauthorized access to or alteration of your data

OUR TOTAL LIABILITY FOR ALL CLAIMS SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR R100 (ONE HUNDRED RAND), WHICHEVER IS GREATER.

Some jurisdictions do not allow limitation of liability, so these limitations may not apply to you.

9. Indemnification

You agree to indemnify, defend, and hold harmless The Common Sense, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights
• Content you submit or post
• Your negligence or willful misconduct

10. Dispute Resolution and Governing Law

10.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the Republic of South Africa, without regard to conflict of law principles.

10.2 Jurisdiction

Any disputes arising from these Terms or your use of the Service shall be subject to the exclusive jurisdiction of the courts of South Africa.

10.3 Informal Resolution

Before initiating formal proceedings, you agree to contact us at info@thecs.org to attempt to resolve the dispute informally.

11. Changes to These Terms

We may modify these Terms at any time. When we make changes:

• We will update the "Last Updated" date at the top of this page
• We will notify you by email or through a prominent notice on the Service
• Material changes will take effect 30 days after notification

Your continued use of the Service after changes take effect constitutes acceptance of the modified Terms. If you do not agree to the changes, you must stop using the Service and cancel your subscription.

12. General Provisions

12.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and The Common Sense regarding the Service.

12.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

12.3 Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.

12.4 Assignment

You may not transfer or assign your rights under these Terms without our prior written consent. We may assign our rights and obligations without restriction.

12.5 Survival

Provisions that by their nature should survive termination (including intellectual property, disclaimers, limitations of liability, and indemnification) will survive the termination of these Terms.

12.6 Force Majeure

We are not liable for any failure to perform due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

13. Contact Information

For questions, concerns, or notices regarding these Terms, please contact us:

14. Acknowledgment

BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE SERVICE.