1. Acceptance of terms
VIEW OVERBERG, 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. 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 View Overberg, tradeavail.com (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 © 2002 ViewOverberg 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. View
Overberg, 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 © 2002 ViewOverberg All rights reserved.
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