1.1.2) our Acceptable Use Policy, which sets out the policy and conditions when you want to upload content to the joint website [or DSSA website or SASDS website].
|Physical address||16 St Peters Road, Southernwood, East London, 5213 (“Premises”)||8 Monks View, Church Street,
Plettenberg Bay, 6600 (“Premises”).
|Postal Address||As above||As above|
|email@example.com (Sarina Drusinsky)||firstname.lastname@example.org (Sian van den Handel)|
|Tel:||+27 43 743 8813/5353||+27 44 533 3067|
4.1) We may update our sites from time to time, and may change the Content at any time.
4.2) We may stop publishing our sites at any time without notice and will not be responsible for any consequences.
4.3) Please note: The Content on our sites are provided for general information purposes only and that the Content may be out of date at any given time. Although we make reasonable efforts to update the information on our sites, we make no representations, warranties or guarantees, whether express or implied , that the Content on our sites are accurate, complete, free from errors or omissions or up-to-date.
5.1) Access to our sites is made available free of charge.
5.2) Service costs (where applicable) will be published to you prior to use of the Services.
5.3) We do not guarantee that our sites, or any content on it, will always be available or be uninterrupted. Access to our sites is permitted on a temporary basis.
5.4) We may suspend, withdraw, discontinue or change all or any part of our sites (including, but not limited to, the Services available) without notice to you. We will not be liable to you if, for any reason, our sites are unavailable at any time or for any period.
5.5) You are responsible for making all arrangements necessary for you to have access to our sites, including, but not limited to, mobile data and the costs associated with it. We do not guarantee that our sites, or any portion thereof, will function on any particular hardware or devices. In addition, use of our sites may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
5.7) Our sites are directed to people residing in the Republic of South Africa. We do not represent that content available on or through our site are appropriate or available in other locations. We may limit the availability of our sites or any Service described on our sites to any person or geographic area at any time. If you choose to access our sites from outside the Republic of South Africa or if you are not a resident or citizen in South Africa, you do so at your own risk and you access will be subject to the law and courts of the Republic of South Africa.
6.2) Any rights not expressly granted herein are reserved by us.
You may not use our sites or Content:
7.1) in any way that breaches any applicable local, national or international law or regulation;
7.2) in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect (including but not limiting to harassment of third party service providers).
7.3) to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (for example Spam).
7.4) to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware into our sites or the Content used by us or any other Users of our sites; or
7.5) to access, without authority, interfere with, damage or disrupt any part of our sites or the equipment or network on which the website is stored.
You may further not:
7.6) remove any copyright, trademark or other proprietary notices from any portion of our sites or from the Services available;
7.7) reproduce, copy (direct or indirect), modify, adapt, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit our sites or the Services (or any part thereof);
7.8) decompile, reverse engineer or disassemble our sites or the Services except as may be permitted by applicable law;
7.9) cause or launch any programs or scripts for the purpose of scraping, mirroring, indexing, surveying, or otherwise data mining any portion of our sites or unduly burdening or hindering the operation and/or functionality of any aspect of our sites;
7.10) frame our sites or any part thereof;
7.11) access or use our sites or the Content through automated means, including through the use of robots, spiders, or offline readers(other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices – but not caches or archives – of our sites or the Content and excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorized content); or
7.12) attempt to gain unauthorized access to or impair any aspect of our sites or its related systems or networks.
E-mail addresses, names, telephone numbers and fax numbers published on our sites may not be incorporated into any database used for commercial purposes or electronic marketing or similar purposes. The presentation of such details is no “opt-in” / permission from us to utilise same.
8.1) DSSA and SASDS are the respective owners and/ or rightful licensees of all intellectual property rights (including but not limited to, concepts, know-how, data processing techniques, copyrights, patents, designs (including the website look and feel and lay out and photos), inventions, trademarks, tables and compilations of data which are created, invented and/ or developed, (registered or unregistered) in our sites and Content and any subsequent Services.
8.2) You may copy, and may download extracts, of any page(s) from our sites for your personal use and to determine whether you wish to acquire the products or services published on our sites. You may draw the attention of others to content posted on our sites or by sharing same via social networks or other means available.
8.3) You must not modify the copies of any materials you have printed off or downloaded from our sites in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text or claim that it is yours. Our status as the authors of Content on our sites must always be acknowledged.
8.4.1) in or related to our sites except for the limited license granted under clause 6 above; or
8.4.2) to use or reference in any manner our business names, service names, product names, logos, trademarks, designs or services marks or those of our licensors (registered or unregistered).
9.1) WE PROVIDE OUR SITES TO YOU ON AN “AS-IS” AND ON AN “ AS-AVAILABLE” BASIS. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL CONDITIONS, WARRANTIES, REPRESENTATIONS OR OTHER TERMS WHICH MAY APPLY TO OUR SITES OR ANY CONTENT ON IT, WHETHER EXPRESS OR IMPLIED. IN ADDITION, WE MAKE NO REPRESENTATION, GUARANTEE OR WARRANTY REGARDING THE TIMELINES, QUALITY, RELIABILITY, SUITABILITY, OR AVAILABILITY OF OUR SITES OR ANY OF OUR SERVICES THROUGH THE USE OF OUR SITES, OR THAT THE USE OF OUR SITES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU AGREE THAT IT IS WITHIN YOUR SOLE DISCRETION TO USE OUR SITES AND THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF OUR SITES REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER ANY APPLICABLE LAW AND THAT YOU WILL INDEMNIFY US AGAINST ANY CLAIM, DEMAND, DAMAGE, COSTS, LOSS OR LIABILITY (INCL. REASONABLE ATTORNEY’S FEES) RELATED TO YOUR USE OF OUR SITE.
9.2) TO THE EXTENT PERMITTED BY LAW, WE, OUR OWNERS, DIRECTORS (WHERE APPLICABLE), EMPLOYEES, MEMBERS AND AGENTS SHALL NOT BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER OR HOWSOEVER CAUSED ARISING FROM THE ACCESS OR USE OF OUR SITES OR THE PURCHASE OF ANY OF OUR OR ANY THIRD PARTY PRODUCTS OR SERVICES THROUGH OUR SITES.
9.4) WE WILL NOT BE LIABLE TO YOU FOR ANY DEFAULT OR DELAY IN THE PERFORMANCE OF OUR SERVICES TO YOU IF AND TO THE EXTENT THAT SUCH DEFAULT OR DELAY IS CAUSED BY ANY ACT OF GOD, WAR OR CIVIL DISTURBANCE, LABOUR UNREST, COURT ORDER OR ANY OTHER CIRCUMSTANCE BEYOND ITS REASONABLE CONTROL INCLUDING FLUCTUATIONS IN COMMUNICATIONS OR UTILITY SERVICES (“FORCE MAJEURE”) AND PROVIDED WE ARE OBVIOUSLY WITHOUT FAULT IN CAUSING SUCH DEFAULT OR DELAY, AND SUCH DEFAULT OR DELAY COULD NOT HAVE BEEN PREVENTED BY THE US THROUGH THE USE OF ALTERNATIVE SOURCES, WORKAROUND PLANS OR OTHER MEANS.
9.5) DIFFERENT LIMITATIONS AND EXCLUSIONS OF LIABILITY MAY APPLY TO LIABILITY ARISING AS A RESULT OF THE SUPPLY OF SERVICES BY US TO YOU, WHICH WILL BE SET OUT IN OUR SERVICE SPECIFIC TERMS AND CONDITIONS.
10.1) Although we are not obliged to provide security on our sites, we feel it is important that your information, or any communication between us, is dealt with in the most secure manner reasonably possible. However, because of the nature of the Internet, we cannot guarantee that your communications with us via our sites are completely secure at all times.
10.2) To provide adequate security to all our Users, and to monitor activities prohibited under section 86 of the ECT Act, you hereby agree to our right to intercept, monitor, block, read, delete or access all data sent to the website or any of our other communication facilities, for example, email, instant messaging or fax-to-email applications, subject to the conditions as set out under the RIC Act.
10.3) It is our policy to virus check documents and files before they are uploaded to our sites. However, we cannot guarantee that documents or files downloaded from our sites will be free from viruses and we do not accept any responsibility for any damage or loss caused by any such virus. Accordingly, for your own protection, you must use virus-checking software when using this website. Further, you agree not to upload or provide, via our sites, any document or file that may contain a virus. You are required to virus check any document or file which you intend to upload or provide to our sites.
11.2) You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists, or provide a link to our sites in any website that is not owned by you.
11.3) We reserve the right to withdraw linking permission without notice to you.
11.4) The website in which you are linking must comply in all respects with our Acceptable Use Policy.
12.2) We make no warranties or representations regarding the quality, accuracy, reliability, legality, merchantability or fitness for purpose of third party website content or products or services available through third party websites or that third party website content does not infringe the intellectual property rights of any person.
12.3) We expressly disclaim acting in any respect on behalf of third party website operators and/or owners. Please note that third party websites may be subject to their own terms of supply or services different from those of this site;
12.4) Social networks: You agree that when accessing, using and/ or posting or uploading any content or materials of any kind to our social network pages (including but not limited to [Facebook, LinkedIn] or any other facility made available by us from time to time), You will”-
12.2.1) not use the social network page of communication facility in any improper or unlawful manner or in breach of any legislation or licence that applies to You;
12.2.2) not harass others or disclose personal information about others that could amount to harassment;
12.2.3) not submit, publish, post, upload, store, distribute or disseminate any defamatory, infringing, offensive, obscene, indecent, harmful, confidential, hateful, threatening or otherwise illegal or objectionable material or information;
12.2.4) not submit, post or upload files that contain software or other material the intellectual property rights in which are owned by any third party or which are protected by rights of privacy or publicity of any third party without having received all necessary consents;
12.2.5) not upload files that contain viruses, corrupted files, or any other software or programs that may interfere with or damage the operation of the social network page or any other computer;
12.2.6) not impersonate any person or entity, or falsely state or otherwise misrepresent yourself in any way;
12.2.7) not promote any activity that is illegal;
12.2.8) not use software to harvest information from the social media network page;
12.2.9) not submit any material which is prohibited by any applicable data protection or privacy legislation;
12.2.10) only upload or submit material to the social network page which either You own or which You have the permission of the owner of that material to submit; or
12.2.12) Social media is not a medium for conflict resolution or lodging complaints. Complaints should be sent to either DSSA ([ADD EMAIL] or use our online communication form) or SASDS (email@example.com).
13.3) All costs, charges and expenses of whatsoever nature which may be incurred by us in enforcing our rights in terms hereof including, without limitation, legal costs on the scale as between an attorney and own client and collection commission, irrespective of whether any action has been instituted, shall be recoverable from you if the above rights are successfully enforced.
13.4) No relaxation or indulgence, by either one of us to the other, shall constitute a waiver of the rights of that person and shall not preclude that person from exercising any rights which may have arisen in the past or which may arise in future.
15.1) Any Data Messages sent by us to you shall be deemed to have been sent from the Premises.
15.2) A Data Message is deemed to be sent:
15.2.1) By us, at the time shown on such message, or if not so shown, at the time shown on our information system; and
15.2.2) By you, at the time when we confirm receipt thereof.
15.3) A Data Message is deemed to be received:
15.3.1) By us, only when an authorised representative responds thereto (excluding an automated response). Such acknowledgement does not give legal effect to that message, unless specifically indicated by us that it does; and
15.3.2) By you, once it enters your information system.
15.5) Attribution of Data Messages – You agree and warrant that any Data Message sent, from any computer or device that is owned by you or programmed by you, to us was sent by you.
16.3) Complaints: We kindly request that you contact us first should you have any complaints or any other service related issues. It is important to us that you are satisfied with your purchases. You may use the contact information as perContact DSSA or Contact SASDS (click on link). Please ask for a reference number if you speak to any of our representatives/ consultants. We will of course reply to your complaint as soon as practically possible, but wish to note that we stand under no legal obligation to resolve such complaint.
16.4) Legal Documentation or Notices (hopefully this will never be required):
16.4.1) Physical address: our Premises (clause 2 above);
16.4.3) Marked for the attention of: Exco Manager.
16.5) If we are required to send you any legal documents or notices you agree that we can send it via electronic mail to your email address, or by written communication by way of registered post to your address or if delivery to the aforesaid addresses is not successful, then such contact details we may find about you on the Internet.
16.6) Any notice to you, or us, which is:
16.6.1) sent by prepaid registered post in a correctly addressed envelope to the address specified for it under paragraph 16.4.1 above shall be deemed to have been received, unless the contrary is proven, within 10 (ten) days from the date on which it was posted;
16.6.2) delivered by hand, shall be deemed to have been received on the day of delivery, provided that it has been delivered to a responsible person during ordinary business hours; or
16.6.3) sent by a Data Message to the addressee shall be deemed to be received as per paragraph 15.3 above.
16.7) Notwithstanding anything to the contrary herein, a written notice actually received by you or us, including a notice sent by telefax, shall be an adequate notice to it notwithstanding that it was not sent or delivered to the chosen address.
17.1) Consumer shall have the same meaning attributed to it in terms of the Consumer Protection Act.
17.2) Content means any information, content, images, video, audio, data, works of authorship, materials, software and technology which may be displayed on, incorporated into, underlying, or used to operate our sites;
17.3) CPA means the Consumer Protection Act, Act 68 of 2008;
17.4) Data Message shall have the same meaning attributed to it in terms of the ECT Act;
17.5) ECT Act means the Electronic Communications and Transactions Act, Act 25 of 2002;
17.6) Personal Information shall have the same meaning attributed to it in terms of the POPI Act;
17.7) POPI Act means the Protection of Personal Information Act, Act 4 of 2013;
17.8) Services means the services as presented on our sites;
17.9) RIC Act means the Regulation of Interception of Communication and Provision of Communication-Related Information Act, Act 70 of 2002; and
17.10) Users mean users of our sites (including you!).