Thursday 4 August 2006
The web site www.Project2010.co.za is a free service focusing on World Cup issues. In order to enable the site to be maintained as a free service we ask that you take a few minutes to read through and familiarise yourself with the following terms and conditions which apply to use of this site. Please note that by viewing, linking to, quoting, printing out from or posting to the site you will be deemed to have agreed to the Terms and Conditions of Use of the site as set out below.
1. Use of the Project 2010 site is at the sole risk of the user.
2. Twenty Ten Media & Marketing reserves the right to modify, terminate or temporarily discontinue the site, with or without notice to users. Users agree that the owner shall not be liable to them in respect of any damages occasioned to them by the modification, termination or temporary discontinuance of the site.
3. A simple registration procedure is required to be completed before users may post comments to the site. Users undertake to provide true and correct details when completing the registration process.
4. Users agree that they will not utilise the site in any way to * upload, post or otherwise transmit any Content that is unlawful or illegal; * upload, post or otherwise transmit any Content that is threatening, harmful, abusive, defamatory, vulgar, obscene or otherwise objectionable; * upload, post or otherwise transmit any Content that constitutes harassment or hate speech, or which is invasive of the privacy of another; * harm or unfairly target minors; * stalk or harass other users; * impersonate any person connected to this web site or any service provided on it or otherwise misrepresent their association with any such person; * take any measures to disguise the origin of any Content; * upload, post or otherwise transmit any Content that infringes the intellectual property rights of a third party or which the member is restricted from uploading, posting or otherwise transmitting by operation of law, contract or duty of care; * use the site to engage in any unsolicited, unlawful or unauthorised marketing, advertising or promotional activities, including but not limited to the harvesting of addresses and the sending of spam and chain letters; * upload, post or otherwise transmit any Content that contains any malicious code which is designed to or will have the effect of disrupting in any way and to any degree the operation of this web site or any service provided on it, and of any software, hardware or telecommunications equipment on which it relies for its operation; * collect and / or store data on any other user or users; * engage in any commercial activity without the prior written consent of the web site owner.
5. Users acknowledge that their failure to observe these terms and conditions, and particularly a failure to observe the rules set out in clause 3 above, will entitle Twenty Ten Media & Marketing to immediately and entirely in its own discretion terminate or suspend a user’s registration so as to disable their ability to post to the site or take such other steps as it may deem fit.
6. Users further acknowledge and agree that they remain fully responsible for any content which they post or otherwise upload to the site.
7. Users should regard nothing contained in this web site as an offer but rather as an invitation to do business.
8. Under section 42(1)(h) of the Electronic Communications and Transactions Act (”ECT Act”), the cooling-off period set out in section 44 of the Act does not apply to an electronic transaction for the sale of newspapers, periodicals, magazines and books.
9. Under sections 43(1) and (2) of the ECT Act the web site owner is required to disclose the information and procedures set out in these sections in respect of electronic transactions. In the event that a consumer proves that the web site owner has not set out the information and procedures as required then the consumer has the right to cancel the transaction within 14 days of receiving the relevant goods or services under the transaction.
10. Where a transaction has been so cancelled then * The consumer must return the performance of the supplier and/or immediately cease using the services performed; and * The supplier must refund all payments made by the consumer less the direct cost of returning the goods, if any.
11. Under section 43(5) of the ECT Act the supplier must 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. * This web site does not store any user credit card information; * Transactions are processed offline and purchasers will be contacted by a representative of the site owner after ordering through the site. * No obligation will arise on the part of the site owner or any third party providing services or goods through this web site until such time as payment in full has been received in respect of the goods or services ordered.
12. Under section 43(6) of the ECT Act the supplier will be liable for any damage suffered by a consumer as a result of the failure to comply with section 43(5).
13. A record of any order made through the web site or any transaction entered into will be sent to the purchaser after receipt of the order.
14. Copyright in all materials posted to the site will, unless otherwise noted, remain vested in the author of the material.
15. Users, however, in providing content, irrevocably agree to grant Twenty Ten Media & Marketing a world-wide, royalty-free and non-exclusive licence to utilise such content in the promotion of the web site.
16. Unless otherwise indicated, users are welcome to copy, download or print out any of the visible text or images on this web site for personal and non-commercial use. Any use of the visible text or images on this web site must be accompanied a copyright notice reflecting the owner of the copyright.
17. Commercial use or other non-personal use may, at the discretion of Twenty Ten Media & Marketing, be permitted upon prior written request. A request for permission can be submitted by e-mailing email@example.com.
18. Permission to link to this web site is given without assumption of any liability. We reserve the right to withdraw permission granted to link to this web site at any time and for any reason.
19. Hyperlinks and/or advertisements contained on this web site and directed towards other web sites or users are provided without any warranties or endorsements as to the content, suitability, accuracy or security of the site linked to. This web site in no manner controls or edits the content of sites or pages linked to, and disclaims all liability, direct or indirect, which may arise from the use or inability to use a link or a linked-to web site.
20. This web site collects, processes and stores only such personal information regarding users as is necessary to provide the services offered.
21. This web site may use personal information collected to compile profiles for statistical purposes and trade in these profiles. No information contained in the profiles or statistics will be able to be linked to any specific user.
22. In order to provide the best possible service, this web site may use standard technology to collect information about the use of this site. This technology is not able to identify individual users but simply allows this web site to collect statistics.
24. All content is provided on an “as is” and “as available” basis.
25. TWENTY TEN MEDIA & MARKETING MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES AS TO THE CORRECTNESS OR SUITABILITY OF EITHER THE SITE OR THE INFORMATION CONTAINED IN IT.
26. Twenty Ten Media & Marketing disclaims all responsibility or liability for any damages, including but not limited to direct, economic, consequential loss or loss of profits, resulting from the use of this web site in any manner, or from the use or inability to use the site.
27. Any information or expressions of opinion found on the siteshould not be regarded as professional advice or opinions and users should, where relevant, consult professional advice before acting on the information and/or opinions set out in this web site.
28. USERS AGREE TO INDEMNIFY AND HOLD HARMLESS TWENTY TEN MEDIA & MARKETING, ITS SERVANTS, COLUMNISTS, SUBCONTRACTORS, SUBSIDIARIES AND ASSOCIATES FROM ANY DEMAND, ACTION OR APPLICATION OR OTHER PROCEEDINGS, INCLUDING FOR ATTORNEYS FEES AND RELATED COSTS SUCH AS TRACING FEES, MADE BY ANY THIRD PARTY AND ARISING OUT OF OR IN CONNECTION WITH THE USERS USE OF THE SITE OR ANY OF THE SERVICES OFFERED THROUGH IT IN ANY WAY, INCLUDING BUT NOT LIMITED TO THE PROVISION OF CONTENT
29. The user hereby irrevocably agrees that the law applicable to these terms and conditions of use (including the inability to use the site), its interpretation and any matter or litigation or other dispute arising from it or in connection with it will be the substantive law of South Africa, without reference to its choice of law principles and provisions.
30. This web site is owned, hosted and maintained within the Republic of South Africa.
31. When using this site and agreeing to these Terms and Conditions such use and agreement is deemed to have taken place in Cape Town, South Africa.
32. While Twenty Ten Media & Marketing takes all reasonable security precautions, no liability will lie for damage caused by the malicious use of this site or by destructive data or code that is passed on to the user through the use of this site.
33. Twenty Ten Media & Marketing will pursue prosecution of and compensation from any person that delivers or attempts to deliver any destructive code to this web site or attempts to gain unauthorized access to any page on this web site.
34. This web site may, from time to time, run competitions and other promotions. These will be subject to additional terms and conditions which will be made available to users and/or entrants at the applicable time.
35. Data messages, including e-mail messages, sent by users to the web site owner shall be deemed to be received only when acknowledged or responded to.
36. A data messages sent by the web site owner to users shall be regarded as received when the complete data message enters an information system designated or used for that purpose by the recipient and is capable of being retrieved and processed by the recipient.
37. The web site owner reserves the right not to respond to any e-mail or other data message which contains obscene, threatening, defamatory or otherwise illegal, unlawful or inappropriate content, and to take the appropriate action against the sender of such e-mail where necessary.
38. In order to provide a relevant and secure service, and where required to do so under law, the web site owner may monitor and/or intercept electronic communications such as e-mail which are sent to this web site. To the full extent necessary under law the user hereby acknowledges that he or she is aware of such potential monitoring and/or interception and consents thereto.
39. Subject to clause 43, any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, shall be settled by the dispute resolution process in accordance with the TrustEnforce.org Mediation and Arbitration rules, which rules are deemed to be incorporated by reference into this clause.
40. Where the dispute has arisen in South Africa between parties in South Africa the place of the arbitration is deemed to be Cape Town, so the arbitration will be governed by these rules and by the arbitration law of South Africa and the dispute will be resolved in accordance with the law of South Africa.\
41. In the case of an international arbitration and notwithstanding clause 29 above, the dispute will be resolved in accordance with the United Nations Convention on Contracts for the International Sale of Goods (1980)(if concerned with the sale of goods) and the UNIDROIT Principles of International general Contracts (1994), supplemented where necessary by the CENTRAL List of lex mercatoria principles, rules and standards.
42. The language used during the dispute resolution process will be English.
43. Nothing in the above clauses shall have the effect of precluding or preventing the web site owner or any of its subsidiaries or associates from bringing any application or action in the courts of the Republic of South Africa.
44. For further information on Trustenforce.org please visit www.trustenforce.org.
45. This web site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion in this web site complies with all applicable laws and regulations.
46. The web site owner accordingly excludes, to the fullest possible extent permissible under law, any responsibility or liability for any error or inaccuracy appearing in advertising or sponsorship material.
47. Automated transactions and searches are subject to these terms and conditions.
48. The use of malicious search technology is prohibited.
49. The use of search technology in an unlawful manner or for the collecting or harvesting of data for commercial gain is prohibited.
50. Search technology which does not unduly retard the operation of this web site is acceptable but the web site owner reserves the right to prohibit any specific entity from employing search technology on the web site.
51. Please note that, due to legal and other developments, we may be required to amend these Terms and Conditions of Use from time to time. Twenty Ten Media & Marketing will attempt to give notice of any amendments, but reserves the right to effect binding amendments, additions or deletions without notice.
52. In the event of any part of these Terms and Conditions being found to be partially or fully invalid or unenforceable, for whatever reason, such term(s) and/or condition(s) shall be severable from the balance of this Agreement and shall not affect the application or enforceability of the remainder of this Agreement.
54. Failure to enforce any provision of these Terms and Conditions shall not be deemed a waiver of such provision nor of the right to enforce such provision.
Information disclosures as required by Chapter 7 of the ECT Act Site owner:
firstname.lastname@example.org t/a Twenty Ten Media & Marketing
E-mail contact: email@example.com
Physical address: 134 Victoria Junction, 4 Ebenezer Rd, Greenpoint 8001
Postal address: 134 Victoria Junction, 4 Ebenezer Rd, Greenpoint 8001