4. USE OF SITE
You shall only be entitled to utilise the information on the site on the basis that:-
- 4.1 You are of the age of majority;
- 4.2 You shall not utilise any of the information unlawfully, in any fashion that could interfere with or cause harm to any party whosoever;
- 4.3 You shall cease and desist from intercepting, utilising, transmitting or in any fashion dealing with any information, whether electronic or otherwise, including but not limited to software or data, that might contain any form of virus, malware, spyware or other component. You are specifically prohibited from accessing this site for the purpose of causing damage or interference to the site or any of its visitors at any time, by the introduction of any form of software or bug whether malicious or otherwise. There is no limitation upon the prohibition of the types of such prohibited malicious software, and these shall include, but not be limited to trojan horses, easter eggs, any form of coded transmission or message, or any other form of malware, howsoever defined.
- 4.4 You shall be required to conduct yourself in a manner so as not to be harmful to any other party. This includes any messages which you might distribute, comments made on posts, replies and that you shall not in any fashion post, transmit or make available any content that is abusive, racial, hatful or in fashion infringes upon another parties rights in any way (which rights are defined in the broadest possible sense for the purpose hereof).
- 4.5 You shall not catfish on any party’s account, nor shall you utilise any party’s information or account without their prior written consent and you agree that you will conduct yourself in a manner consistent with the behaviour expected of you. You shall refrain from utilising any form of obscene, profane, racist or divisive language, and shall not post any form of material, pictorial or otherwise, which could be deemed or regarded as being objectionable or inappropriate.
- 4.6 You shall not sell, post, publish, or share any advertising of whatsoever nature, and you shall not solicit private information or data from any party sharing or utilising the site.
The Company shall reserve the right to monitor utilisation of the site or other linked social medial platforms including Instagram, Twitter, Facebook, WhatsApp or otherwise. The monitoring shall be for:-
- 5.1 Data trafficking;
- 5.2 Usage statistics;
- 5.3 Surveys;
- 5.4 Protection of the data and information owned by the Company;
- 5.5 Protection of the data and confidential information of other users;
- 5.6 General protection as might be determined by the Company from time to time.
6. RESTRICTIVE CONDITIONS
The Company shall, in the dissemination of information, utilise its own trademarks and designs, as well as certain copyrighted information and shall lawfully display those marks as are allowable and owned by other parties. It is recorded that such property shall remain owned by the owner thereof, and the use thereof may not create and inference or implication that the material is made available freely for public dissemination or use. Unless recorded to the contrary, access to the site shall be for personal, individual and non-commercial use only and you shall not acquire any rights, whether of ownership or use, in any of the content displayed or disseminated by the site in any fashion whatsoever. any unauthorized use will terminate any permissions granted in terms of this use, and to the extent that such an authorised use is in violation of a legal provision, you shall be held accountable for such unauthorized use by the party suffering damage. Further, by the use of the site, you automatically waive and abandon all or any claims, of whatsoever nature, and from whatsoever cause arising and in respect of any claims which might be brought by any party suffering or purporting to suffer injury or loss arising from your usage thereof.
7. COPYRIGHT AND TRADEMARK
All copyrights are automatically reserved as to ownership. Any content displayed, utilised or downloaded from the site shall automatically be deemed and regarded as copyright or trademark, until the converse is proven. You agree and undertake that you shall regard any information found on the site or on any of the social media platforms as copyrighted and trademarked to the Company, or to its affiliates, and that these rights are not visited upon you as the user in any fashion whatsoever. All trademarks, logos, identifying marks shall remain the property of their respective owners, and nothing on this site shall be construed as granting, by implication, estoppel or otherwise, any right of use or ownership therein. There shall be no legitimate expectation of the right of use, and unless the owner of the mark has given you prior written consent, then any such use without permission shall be deemed to be unlawful and you shall be in breach of the conditions of these terms of service. Any such breach shall be capable of being executed upon by operation of law.
8. THIRD PARTIES
It is a feature of this site, as well as of certain social media platforms, that there may be links to other sites information which might be web based and available to the user by utilising such link. The Company shall not be held liable for any harm or damage, from whatsoever cause arising, in respect of the utilisation of a third party link, whether direct or indirect, and there shall be no claims against the Company in respect of any harm or damage suffered or sustained as a result of the utilisation of same.
9.1 All material provided on the site and on social media platforms is provided for general utilisation and information and shall not be regarded as expert advice or specialist information. Any reliance on the material shall be at your own risk and shall not be regarded as being a replacement or a substitution for the services of a professional in the Company’s field. Any required professional or expert information required to be utilised for any purpose whatsoever shall require to be obtained from the Company directly and by appointment only.
9.2 The Company shall not endorse, support, promote, or in any other fashion give any representation or warranty about any of the information provided on the site. The information is general information and may not be construed as being specialist or expert of any nature. As such, information received from the site should, to the extent necessary, be confirmed and ratified by the Company in relation to the application of any utilisation of such information whatsoever.
10. RESERVATION OF RIGHTS
The Company reserves the following rights absolutely:-
- 10.1 The right to limit the sales of products or services;
- 10.2 The right to limit quantities;
- 10.3 The right to amend description of goods or services for the right to discontinue any product or service;
- 10.4 The right to limit any warranty or guarantee on any product or service;
- 10.5 The right to refuse any order or to cancel or limit any order in its entirety, without giving a reason therefor;
- 10.6 The right to have you blocked from the site or on any social media platform without giving reasons;
- 10.7 The right to report you to the authorities in the event that there is any circumstance arising which gives the Company the belief that you have conducted yourself unlawfully or contrary to the provisions of these terms of service;
- 10.8 The right to withhold information from you without giving reasons;
- 10.9 The right to amend or alter, within reason, billing or delivery procedures;
- 10.10 The right to interrupt your access to the site and/or remove access to the service without giving reasons.
- 11.1 Notwithstanding the generality of the aforegoing, you are expressly prohibited from utilising the site, the social media platform or its content for any illegal or unlawful purpose.
- 11.2 To harvest data or to seek to solicit any party whomsoever to participate in any unlawful act.
- 11.3 In the violation or breaching of any laws, regulations or ordinances.
- 11.4 To copy infringe or harvest any intellectual property rights belonging to the Company.
- 11.5 To upload or transmit viruses or any other types of malicious code that can affect the site or have any effect on the software owned by the Company or the users, without restriction;
- 11.6 Spam, phish, pharm, spider, crawl or scrape any information or data;
- 11.7 Conduct any behaviour contrary to the terms of service herein.
- 11.8 This disclaimer is an addition to the overall site disclaimer.
You agree, by your use of this site, that you indemnify, defend and hold the Company harmless, including any of its subsidiaries, affiliates, assigns or any other party connected to the Company, against all or any claims, from whatsoever cause arising, whether perceived or actual, whether in damages or otherwise, and you expressly waive and abandon all or any of such claims in perpetuity. Your utilisation of the site or social media platform creates express consent to your indemnity and waiver above. Notwithstanding the generality of the aforegoing, you specifically agree that, under no circumstances shall the Company, its Directors, offices, employees or contractors, be liable to you for any reason whatsoever, whether for injury, loss, claim for damages, whether direct or indirect, whether punitive, special or consequential and which includes without limitation any perceived loss of profit, loss of revenue, loss of data, replacement costs or any other similar damages whether based in contract or not, strict liability or otherwise, arising from your use of the site, or in any other claim related to the use of the site, its services or products, or the information disseminated therefrom. This limitation of your rights, and the indemnity offered shall relate to your use of the site, the service or any other claim, including but not limited to any errors or omissions in any content, or any loss or damage incurred as a result thereof.
To the extent that any provision contained herein might be determined to be unlawful or unenforceable, then such provision shall be capable of being severed from these terms of service without effecting the validity and enforceability of the remaining terms and conditions thereof.
The terms of service shall apply unless terminated expressly by the Company arising from any of the circumstances contained herein. Notwithstanding that the right of use of the site has been terminated, the provisions of this terms of service agreement shall continue to prevail in relation to the restrictions and prohibitions as contained herein. The provisions of these terms of service shall be governed in accordance with the laws of South Africa, and any dispute or conflict, from whatsoever cause arising, shall be governed in accordance with such laws.