TERMS AND CONDITIONS FOR THE ACCESS AND USE OF THE ESSENTIAL AFRICA WEBSITE
The services (“Services”) offered by or through the www.essentialafrica.co.za website (the “Website”) are made available subject to the terms and conditions set out below (“Terms and Conditions”). By accessing and using the Website, you agree to be bound by, and to comply with, the Terms and Conditions and any further terms and conditions that Private Guided Safaris (Pty) Ltd T/A Essential Africa, 2004/019503/07 (the “Proprietor”), may prescribe from time to time.
1. USE OF THE WEBSITE
1.1 In accessing and using the Website, you represent and warrant that:
1.1.1 all registration and other information you submit, if any, is true and correct;
1.1.2 you will use the website for your personal, non-commercial purposes; and
1.1.3 your use of the Website does not violate any applicable law or regulation.
1.2 In accessing and using the Website you agree not to:
1.2.1 use the Website to send junk email, spam, chain letters, pyramid schemes or any other unsolicited messages, commercial or otherwise;
1.2.2 post, publish, distribute or disseminate material or information that is defamatory, infringing, obscene, indecent, threatening, abusive, harassing or unlawful;
1.2.3 post, publish, distribute or disseminate material or information that incites discrimination, hate or violence towards any person or group on account of their race, religion, disability, nationality or otherwise;
1.2.4 threaten abuse, disrupt, stalk or otherwise violate the legal rights (including rights of privacy and publicity) of others;
1.2.5 use any information or material in any manner that infringes any copyright, trademark, patent or other proprietary right of any party;
1.2.6 make available or upload files that contain a virus, worm, malicious code or corrupt data that may damage the operation of the computer or property of another;
1.2.7 collect or store personal information about others, including email addresses;
1.2.8 advertise or offer to buy or sell goods or services for any commercial purpose unless such communication facility specifically allows such messages;
1.2.9 impersonate any person or entity for the purpose of misleading others or for any fraudulent purpose;
1.2.10 violate any applicable laws or regulations;
1.2.11 use the Website in any manner that could damage, disable, overburden or impair the Website or interfere with any other party’s use and enjoyment of the Website;
1.2.12 attempt to gain unauthorized access to any of the Services, other accounts, computer systems or networks connected to the Website through hacking, password mining or any other means.
1.3 The Proprietor shall have the right to refuse you access to and use of the Website and its content at any time.
2. CONTENT DISPLAYED ON THE WEBSITE
2.1 The Website and its content, including but not limited to the website images, may not be copied, modified, reproduced, republished, distributed, posted, transmitted, transferred, sold, displayed, or in any way exploited, in whole or in part, except as is expressly permitted by the Proprietor.
2.2 No graphics, photographs or other visual elements obtained through the Website may be used, copied, or distributed without the prior express written consent of the Proprietor.
2.3 The Proprietor shall have the right to modify or withdraw, temporarily or permanently, the Website (or any part thereof) with or without notice to you.
3. THE SERVICES
3.1 The Website may provide communication tools such as image galleries, administration areas, email, bulletin boards, chat areas, news groups, forums and/or other message or communication facilities designed to enable you to communicate with others. Unless stated otherwise, the services are for your personal and non-commercial use only.
3.2 If a particular service requires you to open an account you will be required to complete the registration process by providing certain information and registering a username and password for use of that service. You are responsible for maintaining the confidentiality of the username and password and also for all activities which take place under your account. You agree to immediately notify the Proprietor of any unauthorized use of your password or account or any other breach of security. In no event will the Proprietor be liable for any direct, indirect, incidental or consequential loss or damage whatsoever resulting from the unauthorized use of your username and/or password. You may not use another person’s account at any time, without the express permission of the account holder.
3.3 The Proprietor has no obligation to monitor the services but shall be entitled to review materials posted to a communications facility and, at the Proprietor’s sole discretion, to delete any content which breaches these Terms and Conditions or which the Proprietor finds otherwise offensive, illegal or a violation of the rights of, or threatens the safety of any person.
3.4 Unless agreed otherwise between yourself and the Proprietor in writing, by posting or providing any content on or through the Website, you hereby grant to the Proprietor a worldwide, irrevocable, royalty-free, non-exclusive, limited license to reproduce, use, adapt, modify, publish, translate, publicly perform, publicly display, distribute and create derivative works from such content in any form, and the Proprietor may sublicense all or part of its rights under this license or assign them to third parties. You represent and warrant that:
3.4.1 you own the content posted by you on or through the Website or otherwise have the right to grant the license referred to in this clause; and
3.4.2 the posting of your content on or through the Website does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
4. LIMITATION OF LIABILITY
4.1 The Website and its content are provided “as is” without warranty of any kind, either expressed or implied. Without limiting the generality of this clause, the following warranties are expressly excluded:
4.1.2 fitness for any particular purpose;
4.1.3 compatibility of the Website with your technology, equipment or software;
4.1.4 uninterrupted or error free functionality of the Website;
4.1.5 correction of defects; and
4.1.6 the quality or availability of any goods or Services.
4.2 Whilst the Proprietor has taken reasonable measures to ensure the integrity of the Website and its content, no warranty, whether express or implied, is given that any files, downloads or applications available via the Website are free of viruses, Trojans, bombs, time-locks or any other data or code which has the ability to corrupt or affect the operation of your system. You are responsible for taking all necessary precautions to ensure that any content you may obtain from the Website is free of any viruses, Trojans, bombs, time-locks or any other data or code which has the ability to corrupt or affect the operation of your system.
4.3 You agree that the Proprietor does not guarantee continuous, uninterrupted or secure access to the Website, and operation of the Website may be interfered with or adversely affected by numerous factors or circumstances outside of the Proprietor’s control.
4.4 While the Proprietor makes every effort to ensure that the information and material on the Website is accurate, the Proprietor makes no representations or warranties as to the accuracy, completeness or reliability of any information provided on the Website. You are responsible for verifying any information before relying on it.
4.5 Insofar as the Website contains links to any other internet websites operated by third parties, you acknowledge and agree that the Proprietor has neither the power nor control over the content on any such websites and that use of such websites is at your own risk. Such links do not imply the Proprietor’s endorsement of information or material on such websites and the Proprietor shall not be liable in any way whatsoever for the content of any such linked websites, nor for any loss or damage arising from your use of such websites.
4.6 In no event shall the Proprietor be liable for any loss or damages including direct, indirect, incidental, special or consequential damages of whatsoever nature whether based in contract, delict, strict liability or otherwise, arising out of or in any way connected with the use of the Website, the inability to use the Website, the operational failure of the Website, or for any information, data, products, and/or Services obtained through the Website.
4.7 You agree to indemnify, defend and hold the Proprietor, its partners, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, due to or arising out of your use of the Website and/or breach of these Terms and Conditions.
4.8 The use of this Website is expressly forbidden in those territories where the law does not allow any provision in this clause 4 to take full effect.
The Proprietor has the right, but does not assume the responsibility, for monitoring any activity on the Website. The Proprietor has the right to investigate any reported violation of the Terms and Conditions and/or complaints and take any action that the Proprietor deems appropriate, which action includes, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access to the Website, removing any content from the Website, and/or notifying the relevant authorities if any activity on the Website if required to do so by law.
6. INTELLECTUAL PROPERTY RIGHTS
6.1 All content included on the Website such as text, images, graphics, button icons, images, audio clips, databases, software, and names, images, and logos or marks identifying the Proprietor and/or any third party is the property of the Proprietor or its content suppliers and protected by South African and international copyright laws. Furthermore, the compilation (meaning the collection, arrangement, and assembly) of all content on the Website is the exclusive property of the Proprietor and is protected by South African and international copyright and other intellectual property laws.
6.2 Any misuse of the content on the Website, including without limitation, reproduction, modification, distribution or republication of any part of such materials without the prior written permission of the Proprietor or its third party suppliers as the case may be, is strictly prohibited.
6.3 Nothing contained in these Terms and Conditions shall be construed as conferring upon you, expressly or by implication, any licence or right to use any trademark, patent, design right or copyright owned by the Proprietor or any third party.
8. UPDATING OF THESE TERMS AND CONDITIONS
The Proprietor shall have the right to change, modify, add to or delete portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted on the Website. It is your obligation to periodically check these Terms and Conditions for changes or updates. Your use of the Website following the posting of changes or updates will be considered notice of your acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.
9. APPLICABLE LAW
These Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of South Africa save that the Proprietor has the right, in its sole discretion, to commence and pursue proceedings in alternative jurisdictions. You hereby consent to the exclusive jurisdiction of the High Court of the Republic of South Africa (Cape of Good Hope Provincial Division) in respect of any disputes arising in connection with the use of the Website and/or a breach of these Terms and Conditions.
10. VIOLATION AND WAIVER
10.1 If the Proprietor fails to enforce any right or provision in these Terms and Conditions, you agree that this failure does not constitute a waiver of such right or provision or of any other rights or provisions in these Terms and Conditions.
10.2 If a court should find that one or more rights or provisions contained in these Terms and Conditions is invalid, you agree that the remainder of these Terms and Conditions shall be enforceable and that, to the extent permitted by law, the court shall give effect to the parties’ intentions, as reflected in any such right or provision that has been declared invalid or unenforceable.