Terms of Use

Acceptance of Terms of Use and amendments

Each time you use or cause access to this website, you agree to be bound by these Terms of Use, as amended from time-to-time, with or without notice to you. In addition, if you are using a particular service on or through this website, you will be subject to any rules or guidelines applicable to those services. Please see our Privacy Policy, which is incorporated into these Terms of Use by reference.

Our services

Our website and the services provided to you on and through our website are on an “AS IS” basis. You agree that the owners of this website exclusively reserve the right and may, at any time and without notice and/or any liability to you, modify, add to or discontinue this website and its services, and/or delete the data you provide, whether temporarily or permanently. We shall have no responsibilty or liability for the timeliness, deletion, failure to store, inaccuracy or improper delivery of any data or information.

Your responsibilities and obligations

In order to use certain services on and through this website, you may be required to register or subscribe on our website, and when so required you undertake and agree to provide correct and truthful information. When registering or subscribing , you explicitly agree to the Terms of Use here, which may be modified by us from time-to-time.

Privacy Policy

Registration / subscription data and other personally identifiable information that we may collect is subject to the terms of our Privacy Policy.

Your conduct

You agree that all information or data of any kind, whether text, software, code, music or sound, photographs or graphics, video or other materials (“Content”), publicly or privately provided, shall be the sole responsibility of the person providing the Content. We shall not be responsible to you in any way for the Content that appears on this website nor for any error or omission. You explicitly agree, in using this website or any service provided, that you shall not: (i) provide any Content or perform any conduct that may be unlawful, illegal, threatening, harmful, abusive, defamatory, libelous, vulgar, obscene, offensive, objectionable, pornographic; that is intended to or interferes with or interrupt this website or any services provided; that is infected with a virus or other destructive or deleterious programming routine; that may give rise to civil or criminal liability or which may violate an applicable local, national or international law; (ii) impersonate or misrepresent your association with any person or entity, or forge or otherwise seek to conceal or misrepresent the origin of any Content provided by you; (iii) collect or harvest any data about other users; (iv) provide or use this website and any Content or services in any commercial manner or in any manner that would involve junk mail, spam, chain letters, pyramid schemes or any other form of unauthorized advertising without our prior written consent; (v) provide any Content that may give rise to our civil or criminal liability or which may constitute or be considered a violation of any local, national or international law, including but not limited to laws relating to copyright, trademark, patent or trade secrets.

Submission of content on this website

By providing any Content to our web site: (i) you agree to grant to us a worldwide, royalty-free, perpetual, non-exclusive right and license (including any moral rights or other necessary rights) to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, and to create derivative works and compilations, in whole or in part. Such license will apply with respect to any form, media, technology known or later developed; (ii) you warrant and represent that you have all legal, moral and other rights that may be necessary to grant us with the license set forth here; (iii) you acknowledge and agree that we shall have the right (but not obligation), in our sole discretion, to refuse to publish or to remove or block access to any Content you provide at any time and for any reason, with or without notice.

Third party services

Goods and services of third parties may be advertised and/or made available on or through this website. Representations made regarding products and services provided by third parties are governed by the policies and representations made by these third parties. We shall not be liable for or responsible in any manner for any of your dealings or interaction with third parties.

Indemnity

You agree to indemnify and hold harmless, us, our subsidiaries, principals, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders from any claim or demand, including any attorney’s fees, that may be made by any third party, that is due to or arising out of your conduct or connection with this website or services, your provision of Content, your violation of this Terms of Use or any other violation of the rights of another person or party.

Disclaimer of warrenties

You understand and agree that your use of this website and any services or content provided (the “Services”) are made available and provided to you at your own risk “AS IS”. We further expressly disclaim all warrenties of any kind, implied or express, including but not limited to the warrenties of merchantability, fitness for a particular purpose, and non-infringement. We make no warrenty, implied or express, that any part of the service will be uninterrupted, error-free, virus-free, timely, secure, accurate, reliable or of any quality, nor that any content is safe in any manner for download. You understand and agree that neither we nor any participant or provider of the services provides professional advice of any kind, and that use of advice or other information is solely at your own risk and without liability to us of any kind.

Limitation of liability

You expressly understand and agree that we shall not be liable for any direct, indirect, special, incidental, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised the possibility of such damages) resulting from or arising out of (i) the use of or the inability to use this website or services, (ii) the cost to obtain substitute goods or services resulting from any transaction entered into on or through this website or services, (iii) unauthorised access to or alteration of your data transmissions or data, (iv) statements or conduct of any third party using the website or services, or (v) any other matter relating to the website or services.

Reservation of rights

We reserve all of our rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets and any other proprietary right that we may have in our website, its content, and the goods and services that may be provided. The use of our rights and property requires our prior written consent. We are not providing you with any implied or express licenses or rights by making services available to you and you will have no rights to make any commercial uses of our website or services without our prior written consent.

Notification of copyright infringement

If you believe that your property has been used in any way that would be considered copyright infringement or a violation of your intellectual property rights, our copyright agent may be contacted at the following address: Click to contact our webmaster.

Applicable law

You agree that these Terms of Use and any dispute arising out of your use of this website or our products or services shall be governed by and construed in accordance with the laws of the Republic of South Africa without regard to its conflict of law provisions. By registering, subscribing or using this website and services, you consent and submit to the exclusive jurisdiction of the Republic of South Africa with the city of  Johannesburg as venue.

Miscellaneous information

(i) In the event that any one or other of these Terms of Use conflicts with any law under which any provision may be held invalid by a court with jurisdiction over the parties, such provision will be interpreted to reflect the original intentions of the parties in accordance with the applicable law, and the remainder of these Terms of Use will remain valid and intact; (ii) The failure of either party to assert any right under these Terms of Use shall not be considered a waiver of any that party’s right, and that right will remain in full force and effect; (iii) You agree that without regard to any statue or contrary law that any claim or cause arising out of this web site or its services must be filed within one (1) year after such claim or cause arose or the claim shall be forever barred; (iv) We may assign our rights and obligations under these Terms of Use and we shall be relieved of any further obligation.