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TERMS AND CONDITIONS FOR ACCESSING AND/OR USING THE SITE

LAST UPDATED: 13 OCTOBER 2015

(PLEASE NOTE IN PARTICULAR THE CLAUSES IN THESE TERMS AND CONDITIONS WHICH ARE IN UPPERCASE AND/OR BOLD, WHICH MIGHT LIMIT OUR RISK OR LIABILITY, REQUIRE YOU TO INDEMNIFY US OR TO ASSUME RISK AND LIABILITY FOR CERTAIN ISSUES, OR TO ACKNOWLEDGE CERTAIN FACTS)

 

Introduction

 

1          These Terms and Conditions are the general terms and conditions that apply to your access and use of the    Site.

2          BY ACCESSING THE SITE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY  THE TERMS AND  CONDITIONS WHICH ARE POSTED ON THE SITE AT THE TIME OF SUCH ACCESS AND AS AMENDED FROM TIME TO TIME.

3          Additional terms and conditions may apply to particular information, content, subscription, services, applications or any other aspect of the Site or to products and/or services provided by us ("Additional Terms"). In the event of conflict between these Terms and Conditions and the Additional Terms the Additional Terms shall prevail.

4          No provision in these Terms and Conditions is to be interpreted or construed as excluding or waiving any rights which you may have in terms of the ECT Act, the CPA or any other applicable laws.

 

Definitions and interpretation

 

5          In these Terms and Conditions the following terms will have the following meanings:

5.1                "Affiliate" in relation to us means any person which is –

5.1.1           controlled by us;

5.1.2           controls us; or

5.1.3           is under common control with us;

5.2                "CPA" means the Consumer Protection Act, 2008;

5.3                "Data message" has the meaning assigned to it in the ECT Act;

5.4                "ECT Act" means the Electronic Communications and Transactions Act, 2002;

5.5                "Gateway", "we" or "us" means Gateway Communications (Pty) Ltd, a company registered in South Africa with registration number 1983/002245/07 any other person (including any legal person) to which that company may transfer its rights, obligations and interest in terms of this Agreement.

5.6                "Registered User" means a person who has created a user profile on the Site using their email address and password thereby becoming registered for access to the restricted pages on the Site;

5.7                "Service Terms and Conditions" means the agreement between Gateway and Registered Users, as amended from time to time, which sets out the terms and conditions on which Registered Users are authorised to access the "ONTAPtv.com” service in exchange for payment of the applicable subscription or transactional fee;

5.8                "Terms and Conditions" means the terms and conditions set out in this document, as amended from time to time;

5.9                "the intellectual property" has the meaning set forth in clause 43 below;

5.10             "Third Party Site" means any website which is not owned and/or controlled by us;

5.11             "User" or "you" means a person who accesses or uses the Site; and

5.12             "Site" means the website located at http://www.ONTAPtv.comand any other URL used by us from time to time.

6          Any reference in the Terms and Conditions:

6.1                to the singular includes the plural and vice versa; and

6.2                to one gender includes the other gender.

 

Registration

 

7          In order to participate in restricted parts of the Site, you may have to register to become a Registered User.

8          In order to register you must be 18 years or older.

9          To become a Registered User, you are required to provide us with your email address which will be your user name and a password.

10       When choosing a password a minimum of 5 characters must be used without any spaces. It is advisable not to use obvious dictionary words eg password or consecutive numbers or letters or obvious personal information such as children's name, pet's names or date of birth. Password should not be the same as the username, name or email address and should not be re-used when choosing a new password.

11       You are responsible for the security and proper use of your user name and password and you must not disclose either to any third party. It is each Registered User's responsibility to change their password immediately if they believe it has been compromised. It is also advisable to change these details frequently even if not considered compromised.

12       As part of the sub accounts function of the Site, a Registered User may create a secondary account with a separate username and password for use by an authorised household member under the age of 16 years (the “Secondary Registered User”). A Registered User either by sharing their username and password or creating or sharing the Secondary Registered User details, the Registered User agrees to be responsible for assuring that such person complies with these terms and conditions and shall be responsible for the actions of such persons.

13       You should be mindful of any communication requesting that you submit credit card or other account information. Providing your information in response to these types of communications can result in fraud or theft of your card information. Always access your sensitive account information by going directly to the Site and not through a hyperlink in an email or any other electronic communication, even if it looks official. We reserve the right to place any account on hold anytime with or without notification to the Registered User in order to protect us from what we believe to be fraudulent activity or if these terms and conditions are breached.

 

Hardware, software and Internet access

 

14       It is your responsibility to acquire and maintain, at your expense, the computer hardware and software, device, telecommunications facilities and Internet access service ("IT facilities") in order to access and use the Site.

15       You must ensure, prior to accessing the Site at any time, that:

15.1             the Site is compatible with your IT facilities; and

15.2             your IT facilities are sufficient in order for you to access and use the Site.

16       WE WILL NOT BE RESPONSIBLE FOR YOUR INABILITY TO ACCESS AND/OR USE THE SITE, EITHER OPTIMALLY OR AT ALL, IF YOU DO NOT COMPLY WITH CLAUSES 14 AND 15 OF THE TERMS AND CONDITIONS.

17       You agree not to access, or attempt to access, the Site by any means other than through the interface that is provided by us.

18       In order to use the Site on a SmartTV, tablet or mobile device you must first download the “ONTAPtv.com” application through the Apple Store or the Android Play Store. Your licence to the “OnTapTV” application is subject to the Apple or Androids standard end user licence agreement which you will agree to prior to downloading the “ONTAPtv” application on your SmartTV, tablet or mobile phone.

 

Allowed use and licence

 

19       You may only access and use the Site, or any of the information or materials provided on the Site, in a lawful manner, for your private or educational purposes, and in accordance with the Terms and Conditions.

20       You may not access or use the Site, or any of the information or materials on the Site, for any commercial or other non private purposes or non educational ("commercial purposes") without our prior written consent.

 

Cost of Site access

 

21       Subject to these Terms and Conditions, you may access this Site for free. However, access to some or all of the pages on the Site may be restricted to Registered Users.

22       Notwithstanding clause 21, data charges will apply to your access of the Site.

 

Caching

 

23       You may cache the Site provided that:

23.1             the purpose of the caching is to make the onward transmission/download of the content from the Site more efficient;

23.2             you do not modify, reproduce, interfere with the cached data/content in any manner whatsoever, or otherwise use the cached data/content in a manner not authorised by us in these Terms and Conditions; and

23.3             you update, or remove from your computer system, the cached data/content if we request you to do so.

 

Hyperlinks from Third Party Sites

 

24       We may provide hyperlinks to Third Party Sites. Such links do not imply any endorsement of, agreement with, or support for, the information on or content of those Third Party Sites by us.

25       WE DO NOT EDITORIALLY CONTROL THE INFORMATION OR CONTENT ON THOSE THIRD PARTY SITES AND NEITHER WE NOR OUR AFFILIATES WILL BE RESPONSIBLE IN ANY MANNER WHATSOEVER, FOR YOUR ACCESS, OR INABILITY TO ACCESS, SUCH THIRD PARTY SITES, OR FOR ANY INFORMATION OR CONTENT MADE AVAILABLE ON OR THROUGH SUCH THIRD PARTY SITES, OR FOR ANY LOSS, LIABILITY OR DAMAGE WHICH YOU MAY SUFFER AS A RESULT OF ACCESS TO A THIRD PARTY SITE THROUGH A LINK ON THE SITE.

 

Hyperlinks to Site

 

26       Subject to these Terms and Conditions, you may hyperlink to the Site from another website.

27       WHEN YOU HYPERLINK TO THE SITE FROM ANOTHER WEBSITE, YOU DO SO AT YOUR OWN RISK.

 

Framing

 

28       No person may frame the Site in any manner without our prior written consent.

 

Searching

 

29       Other than bona-fide search engine operators and the use of the search facility provided on the Site no person may use, or attempt to use, any technology or applications (such as web crawlers, web spiders, robots, harvesting bots or scrapers) to search the Site for any purposes without our prior written consent.

 

User postings on Site

 

30       Subject to creating a Registered User profile, you may post your personal opinions, messages and ideas on discussion forums which we may activate on the Site from time to time.

31       You undertake not to post any information or content onto the Site that is, or may be, unlawful, defamatory, harassing, obscene, personal/commercial advertising/marketing material, profane, untrue, false, incorrect, misleading, infringes the privacy rights, intellectual property rights or any other rights or interests of ours, our Affiliates or of a third party, or is harmful in any way. Without limiting the generality of this clause, you agree that you will not upload, post or otherwise transmit any content that includes any of the following:

31.1             any personal information belonging to you or another person;

31.2             spam/unsolicited communications, including advertisements for other websites and/or services, chain letters, pyramid schemes, polls or petitions;

31.3             flooding the forum boards with excessive posts, meaningless posts, posts unrelated to the topic or padding posts;

31.4             discussions that veer off topic, are unrelated to resolving the issue at hand, are repetitive or campaigning, that promote products or services from other providers, or abuse any company, product or service;

31.5             unfounded or vexatious complaints about us, our Affiliates or our policies or practices;

31.6             attacks (including "Flaming") of another user in such a way as to incite or perpetuate arguments or conflict; creating usernames to attack other users' identities; impersonating other individuals or falsely representing one's identity or qualifications; posts made under secondary user names or other aliases for the purpose of either endorsing or denigrating others; posts that breach any participant's privacy by including that participant's personal information;

31.7             posting a link or otherwise directing other Site users to any information or content that, if posted on the Site would contravene these Terms and Conditions;

31.8             include URLs of third party websites which may contain offensive or unlawful material;

31.9             discussions regarding pending South African court cases;

31.10          advice that would result in a breach of any of our product or equipment warranties;

31.11          advice that would result in a breach of the Service Terms and Conditions or any of the Additional Terms;

31.12          advice that, if followed, could result in injury or harm.

32       We may manage the postings on the Site to provide an orderly presentation of this information, to ensure that postings comply with these Terms and Conditions, and for any other reason we consider appropriate, although we will have no obligation to do so.

33       We may modify, refuse to post or remove any content posted by you.

34       You are encouraged to report to us information or content on the Site that you believe contravenes clause 31.

35       To effectively manage the Site, we may designate employees or other persons to act as moderators and administrators for the Site ("Moderators"). You agree to comply with directions from us or the Moderators regarding your access to and use of the Site.

36       NOTWITHSTANDING THE PROVISIONS OF CLAUSE 32 AND 33, WE ARE NOT RESPONSIBLE FOR ANY INFORMATION OR CONTENT POSTED BY YOU OR THIRD PARTIES ON THE SITE.

37       IF YOU POST ANY INFORMATION OR CONTENT ONTO THE SITE, YOU WILL BE RESPONSIBLE FOR ANY LOSS, LIABILITY OR DAMAGE THAT WE OR OUR AFFILIATES MAY SUFFER, DIRECTLY OR INDIRECTLY AS A RESULT OF YOUR POSTING TO THE SITE.

 

Use of articles on Site of electronic clipping or personalised news services

 

38       You may, subject to these Terms and Conditions, use any of the articles that we may publish on the Site in electronic clipping services or personalised news services only if such electronic clipping service or personalised news service:

38.1             does not copy or provide the entire article as it appears on the Site, but provides only a short, accurate description of the contents of the article;

38.2             provides a correct and functioning hyperlink to the article on the Site;

38.3             acknowledges the Site as the source of the content;

38.4             acknowledges writers, journalists, photographers and any other third parties as they are acknowledged on the Site;

38.5             indicates the date on which the article was sourced from the Site; and

38.6             includes the following copyright notice: "© PCCW Global B.V. All rights reserved".

 

Security

 

39       You may not, whether intentionally or negligently, do, or attempt to do, anything to interfere with or disrupt the Site, or compromise the security or stability of the Site, including, without limitation, by delivering, or attempting to deliver, any damaging code (such as computer viruses, worms and Trojan horses) or other damaging or destructive component to the Site, or the server and computer network that support the Site.

40       You must take all reasonable steps to prevent compromising the security and stability of the Site.

 

Privacy

 

41       Our privacy policy is AVAILBLE HERE http://www.ontaptv.com/PrivacyPolicy.aspx. The terms of our privacy policy are incorporated in these Terms and Conditions, and you agree to be bound by that policy as if its provisions have been included in these Terms and Conditions in full.

42       The privacy policy sets out what personal information we collect from you when you use the Site (which could be our website, mobile site, an application or any other electronic platform), how we collect your personal information, why we collect it and how we use it, and related matters.  Please read the privacy policy carefully to understand our views and practices regarding your personal information and how we treat it (even if you are a long-standing site user) and contact us if you need clarity or assistance.

 

Intellectual property rights and domain name use

 

43       All intellectual property on the Site, including but not limited to the domain name(s), software, information, content, design elements, databases, text, graphics, drawings, images, icons, logos, trade names, service marks and hyperlinks, whether registered or not ("the intellectual property") is the property of, or is licensed to, us or our Affiliates.

44       These Terms and Conditions should not be construed as granting you any licence or right to use the intellectual property without our prior written consent.

45       Without limiting the scope of clause 44, you specifically undertake not to copy, reproduce, modify, reverse engineer, adapt, publish, sell, distribute, transmit, broadcast, disseminate, exploit, or in any other way unlawfully use the intellectual property, or any aspect thereof.

46       All our intellectual property rights are expressly reserved.

 

Disclosures required by s43 of ECT Act

 

47       Gateway makes the following disclosures required in terms of the ECT Act:

Full name and legal status of the website owner:

Gateway Communications (Pty) Ltd

Telephone number:

+27 11 797 3300

E-mail address:

support@ONTAPtv.com

Physical address:

Building 12, Woodmead Estate, 1 Woodmead Drive, Johannesburg, 2121, South Africa

Postal address:

PO Box 12, The Woodlands, Johannesburg, 2080, South Africa

Physical address for receipt of legal service:

Building 12, Woodmead Estate, 1 Woodmead Drive, Johannesburg, 2121, South Africa

Site address:

http://www.ONTAPtv.com

Main business:

Telecommunications

Registration number:

1983/002245/07

Office bearers (directors):

Mr M Van Den Bergh

Alternative dispute resolution:

Please refer to clauses 75 to 78 of these Terms and Conditions.

Description of products/services offered on Site:

Please refer to the page of the Site describing the products/services offered.

Price of products/services offered on Site:

Please refer to the page of the Site describing the products/services offered.

Manner of payment

Please refer to the page of the Site describing the payment options.

Time within which products will be dispatched/delivered or services rendered

Please refer to the terms and conditions applicable to specific products/services and the page of the Site describing the products/services offered.

Record of the transaction

We will provide you, via the Site or by e-mail, with a written record of each transaction to the e-mail address provided by you when registering on the Site, as amended by you from time to time. You may also obtain a written record of the transaction on the self-service section of the Site.

Return, exchange and refund policies:

If this Site fails to comply with the requirements in the ECT Act, you may cancel such transaction  in terms of the Service Terms and Conditions.
This paragraph applies only to transactions concluded on the Site.
Notwithstanding the above, subscription to the ONTAPtv.com service is governed by the Service Terms and Conditions.

 

Subject to applicable laws, we do not accept returns, or issue exchanges or refunds where the products/services are (amongst others) not capable of being returned and/or in respect of products which were opened by you/services which began with your consent or where it is not possible for us to determine whether you opened or used the products/services.
Please refer to the terms and conditions applicable to specific products/services for further detail on return, exchange and refund policies

Cooling-off:

If and to the extent that s 42 (2) of the ECT Act applies, if you conclude a transaction through this Site, you will have a 7 day cooling-off period.
If and to the extent that s16 of the CPA applies, if you conclude a transaction through this Site as a result of any direct marketing by us, you will have a 5 day cooling-off period.

Security procedures in respect of payment and payment information

We will utilise a payment system that is sufficiently secure with reference to accepted technological standards at the time of the transaction and the type of transaction concerned. If we fail to do so, you may exercise your rights in terms of s43(6) of the ECT Act.

Self-regulatory body membership

ISPA - We are a proud member of ISPA amd uphold the ISPA Code of Conduct which can be found here:

http://www.ispa.org.za/code

Film and Publications Board

48       As s member of ISPA we have appointed ISPA as our agent for the purposes of accepting take-down notifications. If you become aware of any unlawful content on the site please either contact us at complaints@ontaptv.com or contact ISPA directly who are authorized to act on our behalf. their contact details are as follows: 

Internet Service Providers Association (ISPA)

Address : PO Box 518, Noordwyk,  1687

Telephone : 010 500 1200

Email : complaints@ispa.org.za

                           

49       This information is subject to change from time to time.

 

Disclaimers

 

50       Information, ideas and opinions expressed on the Site should not be regarded as our professional advice or official opinion, and you are encouraged to obtain professional advice before taking any course of action related to the information, ideas or opinions provided on the Site.

51       Subject to the provisions of s43(5) and s43(6) of the ECT Act, if and to the extent applicable, and to any applicable provisions of the CPA, and to the full extent permitted by law:

51.1             WE MAKE NO REPRESENTATIONS AND GIVE NO WARRANTIES, WHETHER EXPRESSLY OR IMPLICITLY, AS TO THE SITE OR THE INFORMATION PROVIDED ON THE SITE, AND SPECIFICALLY, BUT WITHOUT LIMITATION, MAKE NO REPRESENTATIONS AND GIVE NO WARRANTY:

51.1.1        THAT THE SITE WILL BE TAILORED TO MEET YOUR PERSONAL REQUIREMENTS OR EXPECTATIONS;

51.1.2        OF THE TIME WITHIN WHICH THE SITE WILL BE UPDATED, OR THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; OR

51.1.3        THAT THE INFORMATION PROVIDED ON THE SITE WILL BE TRUE, COMPLETE, ACCURATE OR RELIABLE.

51.2             WE WILL NOT BE RESPONSIBLE, AND DISCLAIM ALL LIABILITY, FOR ANY LOSS, LIABILITY, INJURY, EXPENSE OR DAMAGE (WHETHER DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL) OF ANY NATURE, ARISING FROM NEGLIGENCE, AND WHICH IS SUFFERED BY ANY PERSON WHO ACCESSES, USES OR RELIES ON THE SITE. WITHOUT LIMITING THE GENERALITY OF THIS CLAUSE, WE WILL NOT BE RESPONSIBLE FOR ANY LOSS, LIABILITY OR DAMAGE OF ANY NATURE INCURRED BY WHOMEVER AND RESULTING DIRECTLY OR INDIRECTLY FROM:

51.2.1        ACCESS TO THE SITE;

51.2.2        INABILITY TO ACCESS, OR DELAYS OR DIFFICULTY IN ACCESSING, THE SITE, TO THE EXTENT THAT SUCH INABILITY, DELAY OR FAILURE RESULTS FROM CAUSES BEYOND OUR REASONABLE CONTROL;

51.2.3        ACCESS TO ANY WEBSITES LINKED TO THE SITE;

51.2.4        INABILITY TO ACCESS, OR DELAYS OR DIFFICULTY IN ACCESSING, ANY WEBSITES LINKED TO THE SITE;

51.2.5        ACCESS TO, USE OF, OR RELIANCE ON INFORMATION OR CONTENT AVAILABLE ON THE SITE;

51.2.6        ANY CONTENT POSTED BY THIRD PARTIES ON THE SITE;

51.2.7        SERVICES AVAILABLE FROM THE SITE;

51.2.8        OUR DELAY OR FAILURE TO FULFIL OUR OBLIGATIONS UNDER THESE TERMS AND CONDITIONS TO THE EXTENT THAT SUCH DELAY OR FAILURE RESULTS FROM CAUSES BEYOND OUR REASONABLE CONTROL; OR

51.2.9        ANY NEGLIGENT ACT OR OMISSION OF OURS OR OUR CONSULTANTS, AGENTS OR EMPLOYEES.

 

Offer and acceptance

 

52       By advertising any products/services on the Site, we invite you to make an offer to acquire the relevant products/services.

53       In the event that you make an offer, we may accept the offer, in which case we will take additional positive action to demonstrate our intention to accept the offer.

54       Any dealings between you and any third party advertisers or merchants found on or via the Site, including payment for and delivery of products, services and any other terms, conditions, warranties or representations associated with such dealings, are made between you and the relevant advertiser or merchant. Therefore, (a) we shall not be a party to any such agreement or dealing nor become involved in any such agreement or dealing for any reason whatsoever  and (b) we are not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings. The terms and conditions (including, without limitation, those relating to payment, delivery, quality and/or any representations or warranties) of any such agreement or dealing are a matter for you and the relevant advertiser to agree to.

 

Product details and changes thereto

 

55       Prior to making any decisions or entering into any agreements or transactions, you should confirm the relevant details, such as the nature, description, content and cost of the products and services (e.g. subscription fees, equipment, cost of hardware, bouquet structures) via Customer Support.

56       We also draw to your attention that our products and services (and any aspect thereof, including the nature, content, features and pricing) are subject to change from time to time. The updated details will appear on the Site from time to time.

 

Pricing

 

57       The prices for the various products and services we offer are specified on the Site and are subject to change. We will display the updated prices on the Site from time to time.

 

Time, place, manner and attribution of data messages

 

58       The parties agree to the following:

58.1             Data messages addressed by you to us will be deemed to have been received by us only if we respond thereto or acknowledge receipt thereof.

58.2             Data messages addressed by us to you will be deemed to be received by you when the complete data message enters an information system designated or used by you for that purpose and is capable of being retrieved and processed by you.

58.3             Data messages addressed by you to us or vice versa will be deemed to have been created and sent from Johannesburg, South Africa.

58.4             Authentication methods such as electronic signatures or encryption techniques are not required for purposes of communications between you and us.

58.5             Any data messages that are sent by you to us from a computer, IP address or mobile device normally used by or owned by you will be deemed to have been sent to us by you, or on your behalf by a person duly authorised by you.

59       Your use of the Site includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR DATA MESSAGES CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUMD BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS MADE THROUGH THE WEBSITE. YOUR AGREEMENT AND INTENT TO BE BOUND BY DATA MESSAGES APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTOPMS YOU ENTER INTO ON THIS WEBSITE INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS AND APPLICATIONS.

 

Amendment and termination

 

60       You agree that we may from time to time:

60.1             change these Terms and Conditions;

60.2             vary the information, content, services, applications or any other aspect of the Site;

60.3             discontinue any aspect of the Site or information, content, services and applications on the Site; and

60.4             change the IT facilities required to access and use the Site or the information, content, services and applications on the Site.

61       Such a change will not affect our or your rights and obligations in respect of a transaction or agreement between us which is already complete at the time of such change.

62       All permissions granted in these Terms and Conditions are provided on a non-exclusive and non-transferable basis.

63       We may terminate the Site, or any aspect thereof, at any time.

64       CLAUSES 41 AND 42 CONCERNING OUR PRIVACY POLICY, CLAUSES 43 TO 46 CONCERNING OUR INTELLECTUAL PROPERTY WILL SURVIVE THE TERMINATION OF THESE TERMS AND CONDITIONS FOR ANY REASON WHATSOEVER.

 

Entire agreement and variation

 

65       These Terms and Conditions, as amended by us from time to time, constitute the entire agreement between us and you in relation to its subject matter and supersede any previous agreement between you and us.

66       In the event that any provision detailed herein is found to be unenforceable or invalid for any reason, such terms or conditions will be severable from the remaining terms and conditions, and the remaining terms and conditions will remain enforceable and applicable.

 

Communications

 

67       When you register on the Site, we will check our systems to confirm whether you have requested not to receive communications from us regarding our products and/or services. If you do not wish to receive such communications from us, please call our Customer Support or use the "unsubscribe" options set out in any direct marketing communications which we send you.

 

Consumer rights

 

68       We draw to your attention that you may be entitled to certain consumer rights in terms of the ECT Act and/or the CPA and other applicable laws.

69       No provision of these Terms and Conditions is to be interpreted or construed as excluding, limiting or waiving any rights which you may have, or avoiding any obligation which we may have, in terms of the ECT Act, the CPA or any other applicable laws, whether in South Africa or any other country having jurisdiction (unless such laws permit the parties to agree otherwise).

 

Applicable and governing law

 

70       The Site is hosted, controlled and operated from the Republic of South Africa.

71       These Terms and Conditions are subject to, and will be interpreted, implemented and enforced in terms of the laws of the Republic of South Africa.

72       Subject to clauses 70 to 73, the parties consent to the jurisdiction of the Magistrate Courts in respect of all proceedings arising out of or pursuant to these Terms and Conditions. The parties may, in their discretion, institute any proceedings arising out of or pursuant to these Terms and Conditions in any division of the High Court of South Africa having jurisdiction.

 

Legal costs

 

73       WE WILL NOT BE RESPONSIBLE FOR ANY COSTS INCURRED BY YOU TO OBTAIN PROFESSIONAL ADVICE RELATING TO THESE TERMS AND CONDITIONS.

 

Breach

 

74       WITHOUT PREJUDICE TO ANY OTHER RIGHTS WE MAY HAVE, WE MAY CLAIM DAMAGES FROM ANY PERSON WHO CONTRAVENES THESE TERMS AND CONDITIONS AND AS A RESULT OF WHICH WE SUFFER ANY LOSS, LIABILITY, HARM OR DAMAGE.

75       Any relaxation or indulgence which we may show to you from time to time or any failure by a party to exercise or enforce any right or provision of these Terms and Conditions is without prejudice to and does not constitute a waiver of any right or provision either in these Terms and Conditions or any law. No waiver will be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

 

Resolution of disputes

 

76       If we are unable to resolve a dispute between you and us concerning the interpretation or application of these Terms and Conditions, any party who wishes to pursue that dispute may, subject to these Terms and Conditions, and without prejudice to any other remedy that such party may have, refer the dispute to arbitration in terms of the expedited rules of the Arbitration Foundation of Southern Africa.

77       Such arbitration proceedings shall be conducted in Johannesburg in English.

78       The arbitration ruling will be final and the unsuccessful party will pay the costs of the successful party on an attorney and own client scale.

79       The expedited rules of the Arbitration Foundation of Southern Africa may be downloaded from the following website: http://www.arbitration.co.za

 

Amendment of Terms and Conditions

 

80       We may amend the Terms and Conditions from time to time.

81       If we amend the Terms and Conditions, we will post the amended terms and conditions on the Site.

82       Subject to clause 78, the amended Terms and Conditions will become effective immediately once they are posted on the Site, and any subsequent use of the Site will be governed by the Terms and Conditions effective at the time of such access and use.

83       Each time you access the Site you agree to be bound by the version of the Terms and Conditions posted on the Site at the time. You are advised to regularly check these Terms and Conditions for any amendments.

84       If we amend the Terms and Conditions, the amendment will not affect any transaction already in force between you and us at the time of the coming into operation of the amendment, or any rights or obligations which you or we may have in terms of an existing transaction.

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