1. Acceptance of terms
Spirit-Web, Trade Avail (hereafter referred
to as "the Group") shall permit
use of this Web site subject to the terms
and conditions below ("the Terms and
Conditions"). By using this Web site
in any way, you shall be deemed to have
accepted all the Terms and Conditions unconditionally.
You must not use this Web site if you do
not agree to be bound by the Terms and Conditions.
It should be noted that the use of different
parts of this Web site may be subject to
different terms and conditions as indicated
on that part of this Web site. Different
products, services, events or competitions
offered, provided or held by the Group on
this Web Site may also be subject to further
terms and conditions and your use of such
products or services or participation in
such competitions or events will also be
subject to the terms and conditions governing
the relevant products, services, events
or competitions.
2. Materials on the Web site
2.1 The material contained on this Web
site is for information only.
2.2 To the extent that information displayed
on this Web site relates to any services,
events or competitions or any costs, prices,
fees or prizes related to such services,
events or competitions, you acknowledge
that this information may not be accurate
or complete. You further acknowledge that
any assessment or reflection of the performance,
suitability or reliability of any services,
events or competitions offered, provided
or held on this Web site does not mean
that such performance will be repeated
or should be relied upon in any way.
2.3 Any views or statements made or expressed
on this Web site are not necessarily the
views of the Group, its subsidiaries,
affiliates, employees, servants or agents.
2.4 Any of the information, products,
services, events or competitions on this
Web site may be modified or suspended
or removed by the Group without notice.
3. Copyright
3.1 The contents and materials of this
Web site, including any computer programs,
software, icons, text, links, graphics,
artworks, images, sound clips or files,
audio-visuals (including related events
filmed via webcams, or other technologies
whether now known or hereafter invented,
by broadcasting, streaming or diffusion),
trade names, logos, trade marks and service
marks are protected by law, including
but not limited to copyright, patent and
trade mark law, and any adaptations of
such content and materials, are the property
of the Group and/or third parties.
3.2 Any unauthorised use of the contents
and materials of this Web site, including,
without limitation:
3.2.1 reproducing in any manner or form;
3.2.2 framing or linking;
3.2.3 the performing of;
3.2.4 broadcasting;
3.2.5 transmitting in a diffusion service
(including the Internet);
3.2.6 adapting or modifying;
3.2.7 distributing;
3.2.8 communicating or making available
to the public, by wire or wireless means
(including making available to the public
in such a way that members of the public
may access such contents and materials
from a place and at a time individually
chosen by them);
3.2.9 letting, offering or exposing for
hire by way of trade, a copy of the contents
and materials on this Web site, or any
adaptations of such contents and materials,
is prohibited.
4. Disclaimers
4.1 This Web site is provided to you "as
is". While the Group make every effort
to ensure that the contents of this Web
site are accurate and complete, the Group
make no representation or warranty, whether
express or implied, as to the operation,
integrity, availability or functionality
of this Web site or as to the accuracy,
completeness or reliability of any information
on this Web site.
4.2 Any person who accesses information,
products, services, video/audio streams,
events or competitions contained in or
available on this Web site does so at
their own risk.
4.3 Any content posted, viewed or used
on this Web site is at your own risk.
4.4 The Group also makes no warranty
or representation, whether express or
implied, that the products, information
or files available on this Web site are
free of viruses, worms, destructive materials
or any other data or code which is able
to corrupt, compromise or jeopardise the
operation or content of a computer system,
computer network or your hardware or software.
You accept all risk associated with the
existence of such viruses, worms, destructive
materials or any other data or code which
is able to corrupt, compromise or jeopardise
the operation or content of a computer
system, computer network or your hardware
or software.(This is a standard clause
and you, the user, can rest asured that
we will to do our utmost to provide content
free of malicious infections.)
4.5 the Group does not accept any responsibility
for any errors or omissions on this Web
site.
5. Limitation of liability
5.1 The Group, affiliates, subsidiaries,
employees, servants and agents shall in
no way be liable for any direct, indirect,
incidental, special or consequential loss,
expense, claim or damage which might arise
from any information, material or content
contained in the Web site or, without
derogating from the generality of clause
6 below, any linked Web sites, your use
of or reliance on this Web site or any
information, material or content contained
therein, or any actions or transactions
resulting therefrom, even if the Group
have been advised of the possibility of
such loss, expense, claim or damage.
5.2 The Group, affiliates, subsidiaries,
employees, servants and agents shall in
no way be liable for any direct, indirect,
incidental, special or consequential loss,
expense, claim or damage which might arise
from the modification, suspension or removal
of any information, material or content
contained in this Web site or, without
derogating from the generality of clause
6 below, any linked Web site.
5.3 You hereby indemnify the Group against
any loss, claim or damages which may be
suffered by the Group or any third party
arising in any way from your use of this
Web site or the receipt by you of an electronic
mail from the Group.
6. Links to and use of other Web sites
6.1 The Group, affiliates, subsidiaries,
employees, servants and agents do not
endorse and are not responsible or liable
for the information, material or contents,
maintenance of, or activities conducted
on, any Web site to which this Web site
provides a link.
6.2 Despite the fact that this Web site
may refer to or provide links to other
Web sites, your use of such other Web
sites is entirely at your own risk and
the Group, affiliates, subsidiaries, employees,
servants and agents shall not be responsible
for any loss, expense, claim or damage,
whether direct, indirect or consequential,
arising from your use of such other Web
sites or your reliance on any information
contained in such other Web sites.
7. Linking to this Web site
7.1 You are not entitled to provide a
link from any Web site to this Web site
without the prior written consent of the
Group.
7.2 You are not permitted to "deep
link" to this Web site or to "frame"
any part of this Web site.
8.1 Any information which you provide
to the Group, whether on any forms you
complete or through this Web site, and
any information which the Group have about
you will be regarded by the Group as personal
information and, subject to the Terms
and Conditions, be treated as confidential.
We may collect the all the following
personal information (or selected) from
you:
Name
password
e-mail address
date of birth
Telephone number
Cell phone number (optional if you would
like SMS updates)
Fax number
Your URL
Age
Gender
Location
We collect your name and password on registration
for authentication and authorisation purposes
when you return to the site and login.
You will also notice that we will greet
you by name when you login.
We collect your e-mail address for the
purposes of sending monthly/weekly/daily
View Overberg or feature news letters
should you, upon entering a competition
or viewing a feature, subscribe to a feature
mailing list, or registration, choose
to receive them.
We collect your date of birth for the
purposes of enforcing an age restriction
on material that you may receive and for
internal purposes to determine the demographics
of our users.
Your telephone and cell phone number is
collected for the purpose of informing
you as a prize winner by the sponsor or
for any other verification needed and
will not be used for any marketing purposes
unless authorised by you to do so. If
you do request SMS updates, they will
be sent to the cellphone number provided
by you. Should you elect to receive additional
promotional information on specials, promotions
and competitions from our sponsors, we
may do so via SMS's.
We collect your age, gender, location,
dependants and income group information
(or variations thereof) for internal and
the sponser's research into the demographics
of our users.
Should you feel uncomfortable providing
this information under the terms and conditions
set out in this document, we will not
be able to register you as a competition
entrant or View Overberg member.
8.2 The Group may use your personal information
in the ordinary course of its business
and for promotions and marketing.
8.3 The Group may not sell, rent or provide
your personal information to unauthorised
entities or to third parties for their
independent use without your consent.
the Group may, however, share your personal
information with its affiliates, business
partners and subsidiaries. If the Group
do pass your personal information on to
its affiliates, business partners or subsidiaries,
it will make them aware of the provisions
of this privacy policy.
8.4 The Group will release your personal
information to a party if it believes
that it is required by law or by a court
to do so. the Group will also disclose
your personal information if it believes
that this is necessary to prevent or lessen
any unlawful or harmful actions.
8.5 If you ever want to update or correct
any of your personal information held
by the Group, kindly contact the Group
and it will endeavour to update and correct
your personal information.
8.6 If you disclose any personal information
to a third party, such as one of the Group's
affiliates, business partners or subsidiaries
or an entity which operates a Web site
linked to this Web site or anyone other
than the Group, you must be aware that
the Group does not regulate or control
how that third party uses your personal
information and this privacy policy does
not accordingly apply to third party.
You should always ensure that you read
the privacy policy of any third party.
8.7 This Web site makes chat rooms and
news groups available to users. You are
warned that such chat rooms and news groups
are public discussion forums. Any personal
information supplied by you in your use
of such services, is widely accessible.
the Group are not responsible for the
content posted on these services.
9. Behaviour when using this Web site
9.1 By using this Web site you agree to
use it only for lawful purposes in compliance
with all applicable laws and acknowledge
that you are solely responsible for any
content or messages you transmit through
this Web site or which is transmitted
through this Web site using your computer
by any other persons.
9.2 You are prohibited from using this
Web site to obtain or distribute:
9.2.1 copyrighted or protected material
without the permission of the owner of
the copyright in such material;
9.2.2 material containing viruses, worms,
or any other destructive materials or
data or code which is able to corrupt,
interfere with or jeopardise the operation
or content of a computer system or hardware
or software;
9.2.3 material which is defamatory, offensive,
unlawful or contains hate speech. Without
limiting the generality of the aforegoing,
you may not make sexually explicit or
suggestive comments to minors;
9.2.4 pyramid or other soliciting schemes;
9.2.5 unsolicited e-mail; or
9.2.6 bulk e-mail, whether solicited or
unsolicited;
9.3 You are prohibited from using this
Web site:
9.3.1 to compromise the security of or
tamper with the resources of any computer
systems;
9.3.2 to advocate illegal conduct or to
participate in illegal or fraudulent activities.
9.3.3 for advertising purposes.
9.3.4 for "spoofing", "flaming",
"hacking", "cracking"
or "spamming".
9.4 You are prohibited from interfering
with or jeopardising the functionality
or the operation or the content of any
part of this Web site or attempting to
interfere with or jeopardise the functionality
or operation of any part of this Web site.
9.5 You are prohibited from intercepting
any information transmitted to or from
the Group or this Web site.
9.6 You must respect other users of this
Web site at all times. Any actions intended
to disrupt or abuse other users are prohibited.
10. Changes to these Terms and Conditions
The Group reserve the right to update
and/or amend the Terms and Conditions
from time to time and without any notice.
Any such change will only apply to your
use of this Web site after the change
is displayed on this Web site. If you
use this Web site after such updated or
amended Terms and Conditions have been
displayed on this Web site, you will be
deemed to have accepted such updates or
amendments.
11. Which laws apply
These Terms and Conditions will be governed
by the laws of South Africa and International
affiliations. You consent to the jurisdiction
of the South African courts for any dispute
which may arise out of these Terms and
Conditions.
12. Termination
The Group may in its sole discretion terminate,
suspend and modify this Web site and/or
your use of this Web site, with or without
notice to you. You agree that the Group
will not be liable to you in the event
that it chooses to suspend, modify or
terminate this Web site or your use of
this Web site.
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The contents and materials of this Web site,
including, without limitation, any computer
programs, software, icons, text, links graphics,
images, sound clips or files, audio-visuals
(including related events filmed via webcams,
or other technologies whether now known
or hereafter invented, by broadcasting,
streaming or diffusion), trade names, logos,
trade marks and service marks are protected
by law, including, without limitation, copyright,
patent and trade mark law, and are the property
of Spirit-Web, Trade Avail (hereafter referred
to as "the Group") and/or third
parties. Any unauthorized use, including,
without limitation, reproducing in any manner
or form, framing, linking, performing, broadcasting,
transmitting in a diffusion service (including
the Internet), adapting or modifying, letting,
offering or exposing for hire or by way
of trade a copy of, distributing and/or
communicating or making available to the
public by wire or wireless means, the contents
or materials, or an adaptation of such contents
or materials on this Web site is prohibited.
Copyright © 2003 Spirit-Web All
rights reserved.
General Disclaimer for Web site:
Any person who accesses, uses, participates
in or relies on this Web site or on information,
products, services, events or competitions
contained in or available on this Web site
does so entirely at their own risk. Spirit-Web,
Trade Avail (hereafter referred to as "the
Group") accepts no liability whatsoever
in relation to, and you hereby indemnify
the Group against, any loss, expense, claim
or damage, whether direct, indirect, special
or consequential, arising from any information,
material or content contained in this Web
site or any linked Web sites, your use of
or reliance on this Web site or any information,
material or content contained therein, or
any actions or transactions resulting therefrom,
even if the Group has been advised of the
possibility of such loss, expense, claim
or damage. the Group accepts no liability
whatsoever in relation to, and you hereby
indemnify the Group against, any loss, expense,
claim or damage, whether direct or indirect,
special or consequential, arising from any
modification, suspension or removal of any
inform information, material or content
contained in this Web site or any linked
Web site. the Group makes no representation
or warranty, whether express or implied,
as to the operation, integrity, availability
or functionality of this Web site or as
to the accuracy, completeness or reliability
of any information on this Web site. the
Group also makes no warranty or representation,
whether express or implied, that the products,
information or files available on this Web
site are free of viruses, worms, destructive
materials or any other data or code which
is able to corrupt, compromise or jeopardise
the operation or content of a computer system,
computer network or your hardware or software.
You accept all risk associated with the
existence of such viruses, worms, destructive
materials or any other data or code which
is able to corrupt, compromise or jeopardise
the operation or content of a computer system,
computer network or your hardware or software.
the Group does not accept any responsibility
for any errors or omissions on this Web
site. Any of the information, products,
services, events or competitions on this
Web site may be changed by the Group without
notice. Despite the fact that this Web site
may refer to and/or provide links to other
Web sites, your use of such other Web sites
is entirely at your own risk and the Group
is not responsible for any loss, expense,
claim or damage, whether direct, indirect,
special or consequential, arising from your
use of such other Web sites. It should be
noted that the use of different parts of
this Web site may be subject to additional
terms and conditions as indicated on that
part of the Web site. Different products,
services, events or competitions offered,
provided or held by the Group may also be
subject to further terms and conditions
and your use of these products, services,
events or competitions will also be subject
to the terms and conditions governing the
relevant products, services, events or competitions.
No licence to the user is implied in these
disclaimers. Use of this Web site and the
related products, services, events or competitions
shall be governed by the laws of the Republic
of South Africa.
By using this Web site you acknowledge
and agree to this disclaimer.
Copyright © 2003 Spirit-Web All rights
reserved.
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