Terms & Conditions

 

Website Terms of Use

1. Website terms and conditions of use

1.1. This document sets out the terms and conditions (“Terms”) for Company Name & DBA pertaining to the access and use of the information, products, services, and functions provided on Insert website Name (“Website”). 1.2. Should any person that accesses the Website you (“you” or “user”) disagree with any of the Terms, you must refrain from accessing the Website and/or using our services. 1.3. Service Provider reserves the right, in its sole discretion, to amend and/or replace any of, or the whole of, the Terms. Such amendments shall supersede and replace any previous Terms and shall be made available on the Website. Each time a user accesses the Website and/or uses the services, the user shall be deemed to have consented, by such access and/or use, to the Terms, as amended and/or replaced by Service Provider from time to time. If you are not satisfied with the amended Terms, you should refrain from using the Website.

2. Content of the website

2.1. Service Provider reserves the right to make improvements, to change or to discontinue, without notice, any aspect or feature of the Website and any information or content on the Website. 2.2. Service Provider reserves the right to change and amend the products, prices and rates quoted on this Website from time to time without notice. 2.3. Service Provider may use the services of third parties to provide information on the Website. Service Provider has no control over this information and makes no representations or warranties of any nature as to its accuracy, appropriateness, or correctness. The user agrees that such information is provided “as is” and that Service Provider and its online partners shall not be liable for any losses or damages that may arise from the user’s reliance on it, howsoever these may arise. 2.4. Service Provider makes no representations or warranties, whether express or implied, as to the accuracy, completeness or reliability of any information, data and/or content on the Website, including without limitation:
  • 2.4.1. Service Provider does not warrant that the Website or information or downloads shall be error-free or that they shall meet any criteria of performance or quality. Service Provider expressly disclaims all implied warranties, including without limitation, warranties of merchantability, fitness for a particular purpose, non-infringement, compatibility, security, and accuracy.
  • 2.4.2. whilst Service Provider has taken reasonable measures to ensure the integrity of the Website and its contents, no warranty, whether express or implied, is given that any files, downloads, or applications available via this Website are free of viruses, or any other data or code which could corrupt, damage, or affect the operation of the user’s system.
  • 2.4.3. The service Provider disclaims any responsibility for the verification of any claims. Information published on this Website may be done so in the format in which Service Provider receives it and statements from external parties are accepted as fact.

3. Linked third-party websites and third-party content

3.1. Service Provider may provide links to third-party websites on the Website. These links are provided to the user for convenience purposes only and Service Provider does not endorse, nor does the inclusion of any link imply the Service Provider’s endorsement of, such websites, their owners, licensees or administrators or such websites’ content or security practices and operations. 3.2. While Service Provider tries to provide links only to reputable websites or online partners, Service Provider cannot accept responsibility or liability for the information provided on other websites. Linked websites or pages are not under, nor subject to, the control of the Service Provider. Service Provider is not responsible for and gives no warranties or makes any representations in respect of the privacy policies or practices of linked or any third party or advertised websites on the Website. 3.3 You agree that Service Provider shall not be held liable, directly, or indirectly, in any way for the content, the use or inability to use or access any linked website or any link(s) contained in a linked website, nor for any loss or damage of any sort incurred because of any dealings with, or as the result of the presence of such third party linked websites on the Website. Any dealings that you may have with any linked websites, including advertisers, found on the Website, are solely between you and the third-party website.

4. Usage restrictions

The user hereby agrees that it shall not itself, nor through a third party:
  • 4.1. copy (other than for backup, archival or disaster recovery purposes), reproduce, translate, adapt, vary, modify, lease, licence, sub-licence, encumber or in any other way deal with any part of the Website for any reason and in any manner, unless it is consistent with the intent and purpose of these Terms.
  • 4.2. decompile, disassemble, or reverse engineer any portion of the Website.
  • 4.3. write and/or develop any derivative of the Website or any other software program based on the Website.
  • 4.4. modify or enhance the Website. In the event of a user effecting any modifications or enhancements to the Website in breach of this clause, such modifications and enhancements shall be the property of Service Provider.
  • 4.5. without Service Provider’s prior written consent, provide, disclose, divulge, or make available to or permit the use of or give access to the Website by persons other than the user.
  • 4.6. remove any identification, trademark, copyright, or other notices from the Website.
  • 4.7. post or transmit, by means of reviews, comments, suggestions, ideas, questions, or other information through the Website, any content which is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, or hateful, or racially, ethnically, or otherwise objectionable content of any kind.
  • 4.8. notwithstanding anything contained to the contrary in these Terms, use the Website for any purpose other than personal, non-commercial and information purposes.

5. Security

5.1. To ensure the security and reliable operation of the services to all Service Provider’s users, Service Provider hereby reserves the right to take whatever action it may deem necessary to preserve the security, integrity and reliability of its network and back-office applications. 5.2. You may not utilize the Website in any manner which may compromise the security of Service Provider’s networks or tamper with the Website in any manner whatsoever, which shall include without limitation, gaining or attempting to gain unauthorized access to the Website, or delivering or attempting to deliver any unauthorized, damaging, or malicious code to the Website, all of which is expressly prohibited. Any person or entity which does so, or attempts to do so, shall be held criminally liable. Further, should Service Provider suffer any damage or loss, civil damages shall be claimed by Service Provider against the user.

6. Intellectual property rights

6.1. For this clause, the following words shall have the following meanings ascribed to them: 6.1.1. “Intellectual property rights” means all and any of the rights in and to intellectual property of any nature whatsoever owned and/or controlled directly or under license by Service Provider, now or in the future, including without limitation, Service Provider’s rights, title and interest in and to all technology, source code/s, trade secrets, logos, systems, methods, trademarks, trade names, styles, insignia, designs, patents and copyright, and all similar proprietary rights which may subsist in any part of the world, whether registered or not. 6.2. All copyright and other intellectual property rights in all content, trademarks, software, data, material, including logos, databases, text, graphics, icons, hyperlinks, confidential information, designs, agreements, and multimedia works, published on or via the Website (“proprietary material”), are the property of, or are licensed to, Service Provider and as such are protected from infringement by local and international legislation and treaties. 6.3. By submitting reviews, comments and/or any other content (other than your personal information) to Service Provider for posting on the Website, you automatically grant Service Provider and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable right and license to use, reproduce, publish, translate, sublicense, copy and distribute such content in whole or in part worldwide, and to incorporate it in other works in any form, media, or technology now known or hereinafter developed, for the full term of any copyright that may exist in such content. Subject to this license, you retain all rights that may exist in such content. 6.4. All rights not expressly granted are reserved and no right, title or interest in any proprietary material or information contained in this Website is granted to you. 6.5. Except with Service Provider’s express written permission, no proprietary material from this Website may be copied or retransmitted. 6.6. Irrespective of the existence of copyright, the user acknowledges that Service Provider is the proprietor of all material on the Website (except where a third party is indicated as the proprietor), whether it constitutes confidential information or not, and that the user has no right, title, or interest in any such material. 6.7. Service Provider authorizes you only to view, copy, temporarily download to a local drive and to print the content of this Website, or any part thereof, provided that such content is used for personal purposes and for information purposes only, and such content is used for non-commercial purposes.

7. Risk, limitation of liability and indemnity

7.1. The user’s use of this website and the information contained on the website is entirely at the user’s own risk and the user assumes full responsibility and risk of loss resulting from the use thereof. 7.2. The transmission of information via the internet, including without limitation e-mail, is susceptible to monitoring and interception. The user bears all risk of transmitting information in this manner. Under no circumstances shall service provider be liable for any loss, harm, or damage suffered by the user as a result thereof. Service provider reserves the right to request independent verification of any information transmitted via e-mail and the user consents to such verification should the service provider deem it necessary. 7.3. To the extent permissible by law:
    • 7.3.1. Neither service provider, its affiliates, shareholders, agents, consultants or employees shall be liable for any damages whatsoever, including without limitation any direct, indirect, special, incidental, consequential or punitive damages, howsoever arising (whether in an action arising out of contract, statute, delict or otherwise) related to the use of, or the inability to access or use the content of the website or any functionality thereof, or the information contained on the website, or of any linked website, even if the service provider knows or should reasonably have known or is expressly advised thereof.
    • 7.3.2. The liability of the service provider for faulty execution of the website as well as all damages suffered by the user, whether direct or indirect, because of the malfunctioning of the website shall be limited to the service provider rectifying the malfunction, within a reasonable time and free of charge, if service provider is notified immediately of the damage or faulty execution of the website. This liability shall fall away and be expressly excluded if the user attempts to correct or allows third parties to correct or attempt to correct the website without the prior written approval of the service provider. However, in no event shall the service provider be liable to the user for loss of profits or for special, incidental, consequential, or punitive losses or damages arising out of or in connection with the website or its use or the delivery, installation, servicing, or use of it in combination with other computer software.
    • 7.3.3. You hereby unconditionally and irrevocably indemnify the service provider and agree to hold the service provider free from all loss, damages, claims, and/or costs, of whatsoever nature suffered or incurred by the service provider or instituted against the service provider as a direct or indirect result of:
      • 7.3.3.1. your use of the website;
      • 7.3.3.2. software, programs, and support services supplied by, obtained by, or modified by you or any third party without the consent or knowledge of the service provider;
      • 7.3.3.3. your failure to comply with any of the terms or any other requirements which the service provider may impose from time to time;
<li< p=””> </li<> > 7.3.3.4. the actions or requirements of any telecommunications authority or a supplier of telecommunications services or software; or > 7.3.3.5. any unavailability of, or interruption in, the service which is beyond the control of the service provider.

8. Breach or cancellation by the service provider

8.1. Service Provider is entitled without notice, in addition to any other remedy available to it at law or under these Terms, including obtaining an interdict, to cancel these Terms, limit or deny such user use of the Website and services, or to claim specific performance of any obligation whether the due date for performance has arrived, in either event without prejudice to Service Provider’s right to claim damages, should any user:

  • 8.1.1. breach any of these Terms;
  • 8.1.2. in the sole discretion of the Service Provider, use the Website in an unauthorised manner; or
  • 8.1.3. infringe any statute, regulation, ordinance, or law.

8.2. Breach of these Terms entitles Service Provider to take legal action without prior notice to the user and the user agrees to reimburse the costs associated with such legal action to Service Provider on an attorney and own client scale.

9. Compliance with laws

You shall comply with all applicable laws, statutes, ordinances, and regulations pertaining to your use of and access to this Website.

10. General clauses

10.1. This Website is controlled, operated, and administered by Service Provider from its offices. Access to the Website from territories or countries where the content of the Website is illegal is prohibited. If the user accesses this Website, that user is responsible for compliance with all its local laws.

10.2. Service Provider does not guarantee continuous, uninterrupted, or secure access to our services, as the operation of our Website may be interfered with because of several factors that are outside of our control.

10.3. 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.

10.4. Service Provider’s 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.

10.5. 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 Service Provider.

10.6. 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.

10.7. The head notes to the paragraphs to these Terms are inserted for reference purposes only and shall not affect the interpretation of any of the provisions to which they relate.

10.8. Words importing the singular shall include the plural and vice versa, and words importing the masculine gender shall include females and words importing persons shall include partnerships and corporate and unincorporated entities.

10.9. These Terms set forth the entire understanding and agreement between Service Provider and you with respect to the subject matter hereof.