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IMPORTANT:
In terms of Sec 11 of the Electronic Communications and Transactions Act
25 of 2002, and the common law on contract, these terms and conditions are valid
bind and enforceable against all persons that access the Leaf website, web pages
or any part thereof. You are automatically bound by these terms and
conditions by virtue of you accessing this site.
WEBSITE TERMS AND CONDITIONS
Between (i) LEAF INTERNATIONAL COMMUNICATIONS (PTY) LTD, Registration no. 2006/001057/07
(hereinafter referred to as "THE COMPANY"); and (ii) the USER.
The services, products, materials and information offered by means of the use
of this website and/or the online services feature are provided to you, as the User,
subject to your acceptance of the terms and conditions of this agreement.
When using, browsing or accessing this website and/or online services, you accept
all the terms and conditions of this agreement, including, in particular, the limitations
on use, liability and warranty set out hereunder."
1. OWNERSHIP. This website, the content thereof,
the products and the online services are the property and all proprietary rights
therein vest in the Company. The User acknowledges that ownership of
all intellectual property rights, including the trade marks indicated on the website,
vest in the Company and that it is not authorized to use, amend or exploit any of
the intellectual property rights, including the trade marks in any manner whatsoever,
without the prior written consent of the Company. The User furthermore
acknowledges that the information and documentation contained in this website is
the proprietary information and copyrighted material of the Company and that no
party is entitled to use or exploit in any manner whatsoever, any of the proprietary
information or copyrighted material of the Company without the prior written consent
of the Company. The User shall, other than for his personal and non-commercial
use, not store on his computer, or print copies of extracts from this website, and
not, other than for his personal and non-commercial use, mirror or cache information
provided via this website on his own server or other computer or other storage facility
of whatsoever nature; or copy, adapt, modify or re-use the text or graphics from
this website without prior written permission of the Company, other than applications
available on the website for download.
2. NO IMPROPER USE OR UNLAWFUL CONDUCT.
The User hereby agrees not to use this website and services for any purpose that
is unlawful, improper or prohibited by these terms and conditions.
Improper actions include, but are not limited to: activities designed to defame,
embarrass, harm, abuse, threaten, slander or harass third parties; activities prohibited
by the laws of the Republic of South Africa and/or foreign territories in which
the User is resided or conduct business; activities designed to encourage unlawful
behavior by others, the invasive of the privacy of a third party, racially, ethnically,
or otherwise objectionable; and activities designed to impersonate the identity
of a third party.
3. USE OF SERVICES. The User agrees that it will
only use this website, the information contained thereon and the online services
in respect of the specific purposes for which it is created for. In
using the website, information or online services, the User will not:
(a) disrupt or interfere with any other user"s enjoyment of such services or materials
or any affiliated or linked sites, (b) upload, post or otherwise transmit any viruses
or other harmful, disruptive or destructive files, (c) create a false identity,
(d) use or attempt to use another"s account, password, service or system without
authorization from the Company, (e) access or attempt to access any service or content
which the User is not authorized to access, (f) disrupt or interfere with the security
of, or otherwise cause harm to, any system resources, accounts, passwords, servers
or networks connected to or accessible through such feature or any affiliated or
linked sites, (g) conduct any surveys, contests, pyramid schemes, chain letters,
junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise),
(h) threaten, defame, abuse, harass, stalk or otherwise violate the legal rights
(such as rights of privacy and publicity) of others, (i) publish, post, upload,
distribute or disseminate any defamatory, obscene, or unlawful topic, name, material
or information; (j) upload or otherwise make available files that contain images,
photographs, software or other material protected by intellectual property laws,
including, without limitation, copyright, trademark, patents, designs, privacy and
publicity laws unless the User own or control the rights thereto or have received
all necessary authority
to do the same, (k) advertise or offer to sell or buy any goods or services for
any purpose, (l) violate any laws or regulations of the Republic of South Africa
or any other country applicable.
4. LIMITATION OF LIABILITY. The
use of this website and online services, including download of any application,
is on the User’s own risk. In no event, including without
limitation, negligence by the Company, will the Company, its subsidiaries, affiliates,
agents, officers, directors, employees, partners or suppliers be liable to the User
or any third party for any damages whatsoever, including, without limitation, special,
punitive, incidental, indirect or consequential damages of any kind, or those resulting
from loss of use, data or profits, viruses, worms, spam, whether or not the Company
has been advised of the possibility of such damages, and on any theory of liability,
arising out of or in connection with the use of or the inability to use the online
services, products, materials or information, the statements or actions of any third
party on or through the online services, products, materials or information or any
dealings with vendors or other third parties, any unauthorized access to or alteration
of the User’s transmissions or data, any information that is sent or received or
not sent or received, any failure to store or loss of data, files or other content,
any services available through the online services or website that are delayed or
interrupted, or any website referenced or linked to from the online services feature
or any other damages to goods or injury to persons of whatsoever nature.
5. INDEMNITY. The User hereby agree
to indemnify and hold the Company, and its subsidiaries, affiliates, officers, agents,
partners, employees and suppliers harmless from any claim or demand, including reasonable
attorneys" fees, made by any third party due to or arising out of (a) the User’s
use of the website and online services; (b) the User’s violation of these terms
and conditions or (c) the User’s violation of any law, rule or regulation or the
rights of any other person or entity.
6. THIRD PARTY SITES AND SERVICES.
This website and online services may also make available other services, service
providers, dealings, web sites and/or web pages operated by third parties offering
material, information and online services (the "third party service").
The use of the third party services and the use of information collected
by the operators of such services / sites are governed by the terms of use and privacy
policies found at such sites (if any). Third party services are made
available only as a convenience, and the inclusion within the online services of
any link to a third party service does not imply endorsement by the Company of the
operator of such site or any association between the Company and such operator.
Any dealings between the User and any third party in connection with a third
party service, including the delivery of and payment for goods and services and
any other terms, conditions, warranties or representations associated with such
dealings, are solely between the User and such third party or the operator of such
site. The Company will not be responsible or liable for any part of
any such dealings.
7. NO WARRANTY. Except as
expressly provided otherwise in a written agreement between the User and the Company,
and except for any warranty, condition, representation or term to the extent to
which the same cannot or may not be excluded or limited by law applicable to the
User in its jurisdiction; this website, online services, and all products, materials
and services offered through or in association with such features, are provided
"as is" without warranty of any kind, either express or implied, including,
but not limited to, the implied warranties of merchantability or fitness for a particular
purpose, or the warranty of non-infringement. Without limiting the
foregoing, the Company and its suppliers make no warranty that (a) the website,
online service, other services, products or materials will meet the User’s requirements,
(b) the website, online service, other services products or materials will be uninterrupted,
timely, secure, virus-free or error-free; or will be compatible with other software
or applications to be used with or applied to, (c) the results that may be obtained
from the use of the website, online service or other services and materials will
be effective, accurate or reliable, (d) the quality of the website, online service,
or any products, materials or other services will meet the User’s expectations and
(e) any errors in any software obtained from or used through the website, online
services, products and materials, or any defects in the services and products or
materials, will be corrected, or that (f) the information provided will be accurate.
The Company expressly disclaims all warranties of any kind, whether express or implied,
including, but not limited to, the implied warranties of merchantability, fitness
for a particular purpose and non-infringement.
8. ACCURACY OF INFORMATION AND PRODUCTS. The
website and online services and other services, products, applications and materials
could include technical or other mistakes, inaccuracies or typographical errors.
The Company may make changes to the website, online services, applications,other
services, information, products and materials, including the prices and
descriptions of any products, at any time without notice. The information,
services, products and materials may be out of date, and the Company gives no undertaking
of any manner whatsoever to update such information, services or materials.
9. MODIFICATION. The Company reserves
the right to change these terms and conditions without notice to the User.
The User is responsible for reviewing these terms and conditions each time it uses
the website and online services. The User’s continued use of the website
and online services and/or action to download any applications constitutes the User’s
agreement to the then current terms and conditions.
10. GENERAL. This agreement constitutes the entire agreement
between the parties. In the event of the invalidity of any part or portion of
this agreement for any reason whatsoever, such invalidity shall not affect the validity
or enforceability of any other part or provision of this agreement and such invalid
part or portion shall be deemed to have been struck out of the agreement.
No waiver by the Company in respect of
the User’s actions or omissions with regard to any breach, failure or default in
performance by the User, and no failure, refusal or neglect by the Company
to exercise any right hereunder or to insist upon strict compliance with or performance
of the User’s obligations under this agreement, shall constitute a waiver of the
provisions of this agreement and the Company may at any time
require strict compliance with the provisions hereof.
11. GOVERNING LAW AND JURISDICTION.These terms
and conditions will be governed by and construed in accordance with the laws in
force in the Republic of South Africa .
12.COMPETITION RULES/TERMS AND CONDITIONS.Winners
will be informed via email or telephonic communication. In the event that the winner
cannot be contacted, the organiser reserves the right to disqualify this winner
and replace him with another. Only one entry per person is allowed and entrants
must be 16 years or older. The competition is open to all South African Residents
at the time of the competition. The judges’ decision is final and no correspondence
will be entered into. The judges reserve the right to disqualify any entrant if
he fails to meet the requisite conditions contained herein, without entering into
correspondence and at their sole discretion. No member of Leaf and/or any of its
affiliated companies and/or agencies, sub-contractors and members of their immediate
family, may enter any of the competitions hosted partly or in whole by Leaf and/or
any of its affiliated companies. Participants enter or take part in the competition
at their own risk and Leaf International Communications (Pty) Ltd and its affiliated
companies bears no responsibility for any loss, damage or harm suffered as a result
of participation in the competition or enjoyment of the prizes, whether suffered
directly or indirectly. By participating in this competition you agree to release
Leaf of any and all claims for loss, damage, death claims and actions of any kind
and howsoever arising in connection with this competition or resulting from acceptance
or use of any prize, including without limitation personal injury, death and property
damage, claims based on publicity rights, defamation or invasion of privacy. Prizes
are not transferable, nor negotiable and cannot be exchanged for cash. Leaf will
only deliver prizes within South Africa to the main centres, subject to the winner
providing Leaf with all the necessary information. Beware of false telephone calls,
advising you that you have won. Our representatives will be able to quote your ID
Number. Prizes not collected/claimed within 30 days of being won will be disposed
of at by Leaf at its sole discretion. Leaf’s standard Competition Terms and Conditions
shall be applicable to this competition and should any part thereof be in conflict
with these conditions, the last mentioned rules and conditions shall prevail The
winner may be required to be photographed and Leaf may publicize the fact. Leaf
reserves the right to cancel and/or suspend the competition and/or amend the rules
in its sole discretion and the entrants shall have no recourse against Leaf in such
a circumstance. Any reference to Leaf shall include Leaf International Communications
(Pty) Ltd and any of its affiliated companies from time to time. Participation constitutes
an agreement to these terms and conditions.
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