Terms & Conditions
Terms & Conditions
-We can not take responsibility for any payment error on the website as we use external payment platforms.
- We are not in any way liable for damaged goods.
- We do not accept any damaged goods.
Coded Media Entertainment Studios is a South African media production company. We specialize in the production of digital media content such as video, photography, music production, digital graphics and content publication catering for fans through our website and social media platforms. Users are able post and/or upload and share their own personal opinions, photos, videos, music (all of which are referred to in these terms as “content” or “information”) and interact with other users. The services available on Coded Media Entertainment Studios are free of charge to users. Coded Media Entertainment Studios is available to individuals of all ages. Coded Media Entertainment Studios may, in its sole discretion refuse to offer its services to any person and change its eligibility criteria at any time.
Coded Media Entertainment Studios is open to individuals of all ages. It is accessible to people both locally and internationally. You may not use this Website and/or mobile application in violation of South African export laws and regulations. If you access this Website and/or mobile application from locations outside of South Africa, you are responsible for compliance with all local laws.
REGISTRATION AND DATA COLLECTION
We may collect certain of your personal and other information on and or through using our website and/or mobile application on or through you signing up. If you access Coded Media Entertainment Studios through your Facebook account you allow Coded Media Entertainment Studios to access basic information and/or information provided by you at any given time. Such information includes but is not limited to your profile information, first name, last name, e-mail address, location Profile picture, Gender and Facebook ID. If agreed to by you through the Facebook sign-up process, Coded Media Entertainment Studios can post on your wall on your behalf. If you choose not to agree, you can sign-up to Coded Media Entertainment Studios through other means such as Twitter and/or directly on the website, using the Coded Media Entertainment Studios sign-up form. If you choose to sign-up via Twitter, you allow Coded Media Entertainment Studios to read your publicly accessible Tweets, see who you are following and post Tweets on your behalf. If you choose to sign-up directly on Coded Media Entertainment Studios, you will be required to provide Coded Media Entertainment Studios with the information displayed on the initial sign-up page including your personal information such as name, surname, e-mail address, contact information, etc. We collect this personal information in order to ensure we deliver the best possible service to you and that we can contact you for reasons including competition draws, third party and brand contact as well as to improve the use of our services for you the user. Coded Media Entertainment Studios will not give personal data that you the User has provided, to any third party, except where you have agreed to the sharing of such information or in such instances that we are legally obliged to do so. SHOULD YOU CHOOSE TO POST/PUBLISH INFORMATION ON OUR SITE AND/OR MOBILE APPLICATION AFTER YOU HAVE CREATED YOUR ACCOUNT YOU UNDERSTAND AND ACKNOWLEDGE THAT THIRD PARTIES MAY SHARE/ RE-PUBLISH SUCH INFORMATION ON A VARIETY OF PLATFORMS SUCH AS TWITTER, FACEBOOK, PINTEREST AND OTHER SIMILAR SOCIAL SHARING NETWORKS. Please see our disclaimer for liability in the paragraphs below relating to such posts/publications.
To exercise your rights of access, rectification, opposition or cancellation, please email Coded Media Entertainment Studios at email@example.com. Please also see the paragraphs below. relating to deletion or closing of your account should you wish to do so. It is possible that data provided to Coded Media Entertainment Studios is stored in search engines such as but not limited to Google. Coded Media Entertainment Studios is not held responsible and is excluded from all liability for any information exposed by any of the search engines. In order for Coded Media Entertainment Studios to stay in touch with users and keep users informed, Coded Media Entertainment Studios partakes in social networks such as Facebook, Twitter and Instagram, therefore it is possible for an image to be viewed through these social networks using the links to Coded Media Entertainment Studios, shown in the pictures uploaded.
USE OF CODED MEDIA ENTERTAINMENT STUDIOS SERVICE
The user owns all content and information that the user posts on Coded Media Entertainment Studios. The user ensures they are not infringing any copyright and/or intellectual property rights of a 3rd party by posting or uploading such content or information. The user is personally responsible for all information uploaded to their personal profile and the legitimacy of it. The User agrees not to: 1. Use a false name or identity or a name or identity that a user is not authorized to use; 2. Use or post/publish/upload content that embarrasses, threatens or harasses any other person; 3. Use or post/publish/upload content that includes sexually explicit photographs or other content, which is offensive or harmful to any minor or adult; 4. Use or post/publish/upload content that promotes actions, attitudes or thoughts on discrimination because of a person’s race, national origin, religion, ethnicity, gender, sexual orientation, disability, age or other condition; 5. Use or post/publish/upload content that promotes criminal, or violent actions contrary to the law and generally accepted principles of public order; 6. Use or post/publish/upload content that contains any unsolicited advertising, or promotional materials; 7. Use or post/publish/upload content that violates any law or government regulation; 8. Use or post/publish content that is not original 9. Use or post/publish/upload content that may infringe the intellectual property rights of third parties without the User obtaining the owner’s consent to carry out their use; 10. Use or post/publish/upload content that distributes software or other content in violation of any license agreement; 11. Use or post/publish/upload content that contains viruses that may damage the normal operation of the website, network, system, or computer equipment of Coded Media Entertainment Studios, third parties, or other Users. 12. Access content using programs, facilities or procedures other than the ones at their disposal for this purpose; 13. Collect, harvest or otherwise obtain “Personal Information”, as this term is defined in the Promotion of Access to Information Act 2 of 2000 (as amended), relating to other users; 14. Create, store and/or send unsolicited commercial communications; 15. Conduct any fraudulent activity including any “pyramid scheme”, “ponzi scheme” or “chain letter”; 16. Violate any operating rule, regulation, procedure, policy or guideline of Coded Media Entertainment Studios as published on the website and/or mobile application; 17. Copy (other than for backup, archival or disaster recovery purposes), reproduce, translate, adapt, vary, modify, distribute, lease, license, sub-license, encumber or in any other way deal with any portion of the Website for any reason and in any manner, unless it is consistent with the intent and purpose of these Terms; 18. Decompile, disassemble or reverse engineer any portion of the Website and/or mobile application; 19. Collect service listings, descriptions or other information displayed on the Website and/or mobile application; 20. Write and/or develop any derivative of the Website or any other software program based on the Website and/or mobile application; 21. Adapt, modify or enhance the Website and/or mobile application. In the event of a user effecting any adaptation(s), modification(s) or enhancement(s) to the Website and/or mobile application in breach of this clause, such adaptation(s), modification(s) and enhancement(s) shall vest exclusively in Coded Media Entertainment Studios and such user hereby assigns all rights in and to, and waives any and all claims, interest, moral and other rights in and to, such adaptation(s), modification(s) and enhancement(s), which assignment Coded Media Entertainment Studios accepts; 22. Without Coded Media Entertainment Studios prior written consent, provide, disclose, divulge or make available to or permit the use of or give access to the Website and/or mobile application to persons other than the user; 23. Remove any identification, mark, trade mark, copyright or other notices from the Website and/or any personalized item, it being specifically recorded, acknowledged and agreed that trademarks proprietary to or licensed to Coded Media Entertainment Studios will automatically be incorporated in all user profiles; 24. Establish a hyperlink, frame, metatag or similar reference, whether electronically or otherwise (collectively “linking”), to the Website and/or mobile application or any subsidiary pages; 25. Use the Website and/or mobile application or any personalized item to transfer files that contain viruses, Trojans, bombs, time-locks, phishing programs or other harmful programs; 26. Penetrate or attempt to penetrate the Website’s and/or mobile application security measures. Coded Media Entertainment Studios does not make any representations or give any warranties, whether express or implied, in respect of the applications and/or any information, data and/or content provided on this Website and/or mobile application including without limitation, any representations or warranties as to the accuracy, completeness, lawfulness, reliability, performance, satisfactory quality, fitness for a particular purpose of any information, data and/or content on the Website and/or mobile application, including without limitation Coded Media Entertainment Studios does not warrant that the Website and/or mobile application content, information or downloads will be free from errors or omissions or that they shall meet any particular criteria of performance or quality or be fit for any particular purpose. Without prejudice to any rights of Coded Media Entertainment Studios, arising from any other provision of these Terms, the User hereby gives Coded Media Entertainment Studios, its proprietors, offices, directors and employees an indemnity against and shall hold them harmless from all claims, liability, damage, loss, penalty, expense and cost (including legal costs on an attorney and own client scale) of any nature whatsoever which Coded Media Entertainment Studios, its proprietors, offices, directors and employees may sustain as a result of or attributable to a breach by the User or any other failure by the User to strictly observe or adhere to any of the provisions detailed in clauses 1 to 26, above. In the event of Coded Media Entertainment Studios, its proprietors, offices, directors and employees suffering or paying any loss, damage, liability, cost, charge, expense, payment or penalty to which any representation, undertaking, warranty or indemnity relates, the User will forthwith upon such amount being determined pay to Coded Media Entertainment Studios, its proprietors, offices, directors and employees (as the case may be) an amount equal to such loss, damage, liability, cost, charge, expense, payment or penalty. SHARING ON SOCIAL NETWORKS The main purpose of Coded Media Entertainment Studios is commenting on urban culture, DJs, musicians and music in South Africa and generally; and promoting South African music, DJs, musicians, and music, DJs and musicians, generally. Therefore, uploading/publishing/posting content to Coded Media Entertainment Studios and sharing same on social networks, blogs, other websites and mobile applications, as well as in other media, is fundamental to the objective of Coded Media Entertainment Studios website and/or mobile application.
USERS MUST THEREFORE BE AWARE THAT WHEN POSTING YOUR CONTENT AND/OR INFORMATION ON OUR SITE THROUGH ANY METHOD, YOU ARE GIVING ACCESS TO THIRD PARTIES WHO MAY VIEW YOUR PROFILE AND INFORMATION, OR EVEN PUBLISH IT AND SHARE ITS CONTENT ON OTHER WEBSITES, BLOGS AND/OR SOCIAL NETWORKS.
Coded Media Entertainment Studios is not responsible for the privacy practices or content of these third party websites or software. Content posted/published/uploaded by Users can be removed at any time. All information and content provided by the User on Coded Media Entertainment Studios will be removed when the User removes him/herself from Coded Media Entertainment Studios Website and/or mobile application. The publication of photographs showing people other than the User is prohibited. As the user is held liable for the content and information they upload on Coded Media Entertainment Studios, the user guarantees that they are posting/publishing/uploading in accordance with the these Terms and further that he/she owns the rights to the Intellectual Property ("IP") in and to the content and information, that is provided to Coded Media Entertainment Studios, including copyright (including photographs/videos), trademark, design, trade secrets and any other such IP. Through the posting/publishing/uploading of such content or information to their account, the user gives Coded Media Entertainment Studios a non-exclusive license for free for as long as Coded Media Entertainment Studios so requires, to use, copy, display and distribute any IP content through the Website, the mobile application and other websites and mobile applications. This license allows Coded Media Entertainment Studios to enable users “posts/published/uploaded content” to be available to users of similar type platforms as Coded Media Entertainment Studios(nationally and internationally), so that they can gain informed balanced views of any aspect contained on the Coded Media Entertainment Studios website. The user remains the sole owner of this content which can be deleted easily, at any given time. The license expires when the IP content or the user’s account is deleted.
DISCLAIMER OF OUR LIABILITY FOR THE USE OF CODED MEDIA ENTERTAINMENT STUDIOS CODED MEDIA ENTERTAINMENT STUDIOS CANNOT CONTROL NOR BE HELD LIABLE FOR THE TRUTHFULNESS, ACCURACY, COMPLETENESS RELIABILITY, PERFORMANCE, SATISFACTORY QUALITY, FITNESS AND LEGALITY OF THE INFORMATION AND CONTENT YOU UPLOAD. WE FURTHER DO NOT ACCEPT RESPONSIBILITY AND MAY NOT BE HELD LIABLE FOR THE CONTENT OR INFORMATION PUBLISHED ON THE SITE BY A USER.
If it comes to our attention that a user is abusing the site by posting content or information listed above including unlawful content or information that may be harmful, degrading, defamatory, pornographic or the like, or such content or information that may infringe on any of these Terms such as the posting/publishing/uploading of protected information under any legislation or content or information that infringes intellectual property rights of a third party, Coded Media Entertainment Studios will be entitled, in its discretion, to immediately withdraw the user's account and reserves the right to report such abuse to the relevant authorities. Should you become aware of another user infringing any of these terms and conditions including the publishing of harmful or unlawful content or information and or infringing your rights of that of a third party please report this content or information immediately to us on contact@cmestudios. We will remove offensive, defamatory or offensive comments or content once we are aware of the existence of such content. Should you become aware of a user posting/publishing/uploading such content or information please report this to contact@cmestudios Coded Media Entertainment Studios requires that users agree to these end user license agreement terms ("EULA") which make it clear that there is no tolerance for objectionable content. Coded Media Entertainment Studios has provided users with an option to flag/report any objectionable content that is inappropriate and offensive. Coded Media Entertainment Studios will act with regard to objectionable content reports and will act within 48 hours by removing the offending content. The determination of whether content is objectionable or offensive will be in the sole discretion of Coded Media Entertainment Studios. Coded Media Entertainment Studios will eject from the further use of the website, any users who violate Coded Media Entertainment Studios Terms. Coded Media Entertainment Studios is further in no way responsible or liable for the content or views expressed by a User on the website or mobile application. We also do not guarantee that other users use the services and content in compliance with these Terms. We further do not guarantee the accuracy of the content or information that users provide about themselves on their profile. We cannot be held liable and we accordingly exclude any liability any loss and/or for damages of any kind that may result from the use of the services on this Website and/or use of content by users that may be due to lack of accuracy, validity or authenticity of the content or information that users provide to us, in particular but not limited to, for damages of any kind that may be due to the impersonation of a third party by a User in using the services provided through our website and/or mobile application or the re-posting/publishing/uploading of such content or information on a third party service by users as well as people not belonging to the website. Coded Media Entertainment Studios reserves the right to withdraw from Coded Media Entertainment Studios website and/or mobile application, all the content that is inconsistent with these Terms and/or current legislation. In no event shall Coded Media Entertainment Studios be required to justify the removal of content from the website Coded Media Entertainment Studios and Coded Media Entertainment Studios shall not attract any liability whatsoever in doing so. Coded Media Entertainment Studios reserves the right to remove any content that may be regarded as a joke, mockery or parody of third parties.
Including all trademarks, trade names, logos and logotypes that appear on Coded Media Entertainment Studios are property of Coded Media Entertainment Studios or third parties. Content that is the Intellectual Property of Coded Media Entertainment Studios or third parties may not be understood as being granted to the User. The only intellectual property rights that are permitted to the User are those that are inherent in using the services of Coded Media Entertainment Studios. In any case commercial use is prohibited.
CLOSING AND DELETION OF YOUR ACCOUNT or ACCOUNT INFOMATION SHOULD YOU WISH TO CLOSE YOUR ACCOUNT, YOU MAY DO SO AT ANY TIME BY CHOOSING THE DELETE PROFILE OPTION IN THE EDIT PROFILE SECTION. SHOULD YOU CHOOSE TO DO SO, YOU UNDERSTAND THAT ALL INFORMATION YOU HAVE ADDED, DURING REGISTRATION TO DATE OF DELETION, INCLUDING ALL PICTURES, COMMENTS, ARTICLES, MUSIC AND INFORMATION ASSOCIATED WITH YOUR ACCOUNT WILL ALSO BE DELETED. IT IS IMPORTANT TO NOTE THAT THIS INFORMATION WILL NOT BE RECOVERABLE AFTER CHOOSING TO DELETE YOUR ACCOUNT. You shall no longer receive any further communications from Coded Media Entertainment Studios when you close your account. You will only receive communications from third parties to whom you have given permission to contact you. You will need to unsubscribe from sponsor communications programs directly with each third party. We reserve the right to delete any account for any of the following reasons. The reasons below are examples only and are not intended to be an exhaustive list. There may be other reasons for us to delete an account: 1. Users who provide false information; 2. Users who spread false accusations and defamatory comments about Coded Media Entertainment Studios; 3. Users who purposefully try to harm the Coded Media Entertainment Studios website and/or mobile application and act maliciously while logged in; 4. Users who infringe or intentionally disobey or disregard any of the Terms.
WARRANTIES, DISCLAIMERS AND LIABILITY
Coded Media Entertainment Studios does not guarantee the availability and continued operation of its services. Whenever possible, Coded Media Entertainment Studios provides warnings prior to disturbances that might occur in the functions of the site and its services. Users understand and agree that use of Coded Media Entertainment Studios and its services is at their own discretion and risk and the user will be solely responsible for any damages that arise from such use. Coded Media Entertainment Studios its officers, affiliates, shareholders, directors, agents, consultants or employees shall not be liable for any direct, indirect, special, secondary, consequential or corrective damages of any kind, or damages that may relate to use, misuse, reliance on, inability to use and interruption, suspension or termination of the site that may be owing to lack of accessibility or continued function of Coded Media Entertainment Studios and its services or to the failures in access to different web pages that constitute Coded Media Entertainment Studios. Coded Media Entertainment Studios is not liable for and does not guarantee the absence of viruses or other features in the services provided by third parties through Coded Media Entertainment Studios that may cause modifications in the User’s computer system. Coded Media Entertainment Studios does not guarantee the accuracy of the information that you or other users provide about themselves on their profile. We are in no way responsible for the content you choose to post/publish/upload on your account and should this content infringe any rights of a third party (Including Intellectual Property, civil and or criminal) and/or cause a third party damages in anyway, we will on notification of such infringement immediately be entitled, in our discretion, to suspend and/or cancel your account. We shall in no way be held liable and thereby exclude our liability in total (as stated above) for any actions arising out of posts/publication/uploads or re-posts/publication/uploads by any person and/or user including but not limited to actions for damages, loss, consequential loss and/or any criminal and or civil sanctions arising directly and/or indirectly to these third parties, for any “re-posting/publishing/uploading” of such information by any other third parties or by yourself, of any information and you accept sole responsibility for any and all damages and/or harm arising out of posts/publications/uploads you make on the website, including but not limited to any criminal and or delictual actions arising out of any posts/publications/uploads and/or re-posts/publication/uploads. You hereby indemnify us and our officers, affiliates, shareholders, directors, agents, consultants or employees fully for any claims that may be made against Coded Media Entertainment Studios and its officers, affiliates, shareholders, directors, agents, consultants or employees arising out of the aforegoing. This Website and/or mobile application is controlled, operated and administered from Coded Media Entertainment Studios offices within the Republic of South Africa and Coded Media Entertainment Studios therefore makes no representations that the content of the Website is appropriate or available for use in other locations or countries. You may not use this Website and/or mobile application in violation of South African export laws and regulations. If you access this Website and/or mobile application from locations outside of South Africa, you are responsible for compliance with all local laws.
Coded Media Entertainment Studios is focused on protecting the personal data of its users. In the user registration process, a user must choose a password. Each user is responsible for maintaining the confidentiality of their password. The user agrees to notify Coded Media Entertainment Studios as soon as possible with the unauthorized use of his/her username and/or password or any other breach of security. Coded Media Entertainment Studios shall not be held liable for any damage or loss associated with non-fulfilment of this obligation on the user's part.
DISCLOSURES REQUIRED BY LAW
Coded Media Entertainment Studios reserves the right to disclose a User’s personal information when it believes that an applicable law, regulation, or legal process requires it, or when Coded Media Entertainment Studios believes disclosure is necessary to protect Coded Media Entertainment Studios rights or the rights of another user. Coded Media Entertainment Studios owns Coded Media Entertainment Studios site and Coded Media Entertainment Studios mobile applications.
ADVERTISING AND COMMUNICATION FROM CODED MEDIA ENTERTAINMENT STUDIOS AND THIRD PARTIES
Coded Media Entertainment Studios may use your information and contact data, as voluntarily submitted by you on registration and/or through your use of the website, in order to send you own or third-party communication that may be of interest to you, the user. Coded Media Entertainment Studios will send you such direct communication about the services of other platforms: 1. In the urban culture and music sectors; 2. Only in the event that you have requested the sending of advertising by checking the appropriate boxes and replying to relevant mails; and 3. Subscribing to our newsletter services on registration. In order to provide offers, products or services of your interest, we will proceed to analyze the information provided by you in your profile to provide information only in accordance with your interests. The agreement to receive such communication implies your consent for the processing and analysis of the data you provided in your profile. It is noted that you may modify the sending of Coded Media Entertainment Studios commercial communications by unsubscribing to this via the communication platform or through your online account whereby you may control sending, or cancel or apply.
INTELLECTUAL PROPERTY RIGHTS OF CODED MEDIA ENTERTAINMENT STUDIOS
The Coded Media Entertainment Studios site, mobile applications, their properties including but not limited to their trademarks, logo, copyright which includes but is in no way limited to source code, design, software, algorithms, architectires and any patents are owned by Coded Media Entertainment Studios as their Intellectual property and Coded Media Entertainment Studios has full ownership rights to such property. The use of Intellectual Property of Coded Media Entertainment Studios or third parties may not be interpreted as anything other than right of use being granted to the User. The only intellectual property rights that are permitted to the User are inherent in using the services of Coded Media Entertainment Studios. Commercial use of intellectual property belonging to Coded Media Entertainment Studios is strictly prohibited. COPYRIGHT INFRINGEMENT NOTIFICATION To file a copyright infringement notification with us, please send us an email containing the following requirements: 1. The URL of the alleged content; 2. Identification of the copyrighted work claimed to have been infringed, including the name of the person/company/party holding the copyright, or the name of the person/company/party that has been authorized to represent the holder of the copyright; 3. An e-mail address, under the agreement to allow Coded Media Entertainment Studios service provider to disclose to the person who posted the work, as an efficient mode of contact between the parties toward settlement; 4. An affidavit that the use of the material is not authorized by the copyright owner, its agent, or the law; 5. A statement that the information in the notification is accurate, that the claim is not deceptive or false, that the person claiming the deletion of the alleged work is the holder of the copyright, or an authorized representative with the right to act on behalf of the exclusive right. NOTICES Except as explicitly stated otherwise, any notices shall be given by email to firstname.lastname@example.org. Notwithstanding anything to the contrary, a written notice or communication actually received by a party shall be an adequate written notice or communication to it, notwithstanding that it was not sent to or delivered at its chosen address/es for that purpose. Notice shall be deemed given 48 (forty eight) hours after email is sent, unless the sending party is notified that the email address is invalid. You acknowledge that all agreements, notices or other communication required to be given in terms of the law or these Terms may be given via electronic means and that such communications shall be “in writing”.
COMPLIANCE WITH SECTION 43 OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT NO. 25 OF 2002 (“ECTA”)
In compliance with the section 43(1) of the ECTA, the following is noted: 1. full name and legal status – Coded Media Entertainment Studios (Proprietary) Limited is a private company trading as Coded Media Entertainment Studios; 2. web site address and e-mail address – www.cmestudios.co.za and email@example.com; 3. membership of any self-regulatory or accreditation bodies to which Coded Media Entertainment Studios belongs or subscribes – not applicable; 4. any code of conduct to which that Coded Media Entertainment Studios subscribes and how that code of conduct may be accessed electronically by the consumer – not applicable; 5. registration number – 2015/143308/07, registered in the Republic of South Africa; 6. services offered by Coded Media Entertainment Studios– online media marketing platform in the music industry which articles and comments on urban culture, DJs, musicians and music in South Africa and generally; and promotes South African music, DJs, musicians, and music, DJs and musicians, generally; and whereby users are able post and/or upload and share their own personal opinions, photos, videos, music (all of which are referred to in these terms as “content” or “information”) and interact with other users; 7. full terms of agreement are as set out in these Terms; 8. a record of transactions between Coded Media Entertainment Studios and the user are available to the user for so long as the user remains registered as a user with Coded Media Entertainment Studios; 9. alternative dispute resolution processes – not applicable; 10. Coded Media Entertainment Studios subscribes to the terms of the Protection of Personal Information Act number 4 of 2013 (as amended).
These Terms shall be governed in all respects by the laws of the Republic of South Africa as such laws are applied to agreements entered into and to be performed within South Africa. This Website is controlled, operated and administered by Coded Media Entertainment Studios from its offices within the Republic of South Africa. Coded Media Entertainment Studios makes no representation that the content of the Website is appropriate or available for use outside of South Africa. Access to the Website from territories or countries where the content of the Website is illegal is prohibited. If any provision of these Terms is held to be illegal, invalid or unenforceable for any reason, such provision shall be struck out from these Terms and the remaining provisions shall be enforced to the full extent of the law. Coded Media Entertainment Studios failure to act with respect to a breach by you or others does not constitute a waiver of our right to act with respect to subsequent or similar breaches. You shall not be entitled to cede your rights or assign your rights or delegate your obligations in terms of these Terms to any third party without the prior written consent of Coded Media Entertainment Studios. No party shall be bound by any express or implied term, representation, warranty, promise or the like not recorded herein, whether it induced the contract and/or whether it was negligent or not.