WEBSITE TERMS AND CONDITIONS
1. Definitions and interpretation
1.1. “Edusport” means Silverton Travel (Pty) Ltd T/A Edusport, registration number 1992/004483/07, a company duly incorporated in the Republic of South Africa.
1.2. “User” means any person who access and/or uses the Edusport website;
1.3. “Edusport Website” means the website displaying official Edusport content as authorised by Edusport;
1.4. “Site content” means textual, visual or aural content that is encountered as part of the user experience the website;
1.5. “Website” means a collection of web pages (documents that are accessed through the Internet);
1.6. Unless a contrary intention clearly appears words importing –
1.6.1. any one gender include the other two genders;
1.6.2. the singular include the plural and vice versa; and
1.6.3. natural persons include created legal or juristic entities and the state.
2. Allowed use of the Edusport Website
2.1 By accessing the Edusport’s Website the User consents to the Terms and Conditions as well as the Privacy Policy herein contained.
2.2 Users may only access and use the Edusport website for lawful purposes.
3. Availability of the Website
Edusport will use its best commercial endeavours to ensure that the Edusport Website is available on demand without any interruptions. Edusport does, however, reserve the right to make the Edusport Website unavailable at any time or to restrict access to parts or the whole of the Website without notice to Users.
4. IP rights and domain names
4.1. All intellectual property on the Edusport Website, including but not limited to trademarks, domain names, patents, text, graphics, software, icons, hyperlinks, software, design elements are the property of Edusport and are protected from infringement by domestic and international legislation.
4.2. All Site content remains the sole property of the relevant content owner and is protected under all relevant copyright, trademark, patent and other applicable laws.
4.3. Nothing on the Edusport Website should be construed as granting any licence or right to distribute content without the express written consent of Edusport.
5. Severability
If for any reason any of the provisions contained herein are found to be void or unenforceable it will be severed to the extent that it is void or unenforceable and the remaining provisions will continue in full force and effect.
6. Waiver
6.1. Although Edusport will make its best commercial endeavours to ensure that the content on the Edusport Website is reliable, inaccuracies may occur. It is therefore important that the User acknowledges that -
6.1.1. use of the Website is at own risk; and
6.1.2. the Website is provided to the User ‘as is’.
6.2. The User is furthermore prohibited from –
6.2.1. placing information, personal or otherwise, on the Edusport Website;
6.2.2. posting comments on the Edusport Website;
6.2.3. creating additional hyperlinks on the Edusport Website;
6.2.4. defacing the Edusport Website; and/or
6.2.5. deleting, altering and/or amending content on the Edusport Website.
7. Hyperlinks
7.1. The Edusport Website contains hyperlinks to other sites.
7.2. Such links do not imply the endorsement, agreement or support for the content of such other sites.
7.3. Downloading material from these sites may risk infringing intellectual property.
7.4. It is the User’s responsibility to access the authenticity of any website which may be hyperlinked to the Edusport Website.
7.5. Details of Edusport’s linking arrangements may be obtained from info@edusport.co.za.
8. Information Security
8.1. Edusport is committed to taking reasonable security measures to safeguard the content of its Website.
8.2. Any personal information provided to Edusport is therefore stored on a secure server.
8.3. Where the User has provided prior written consent to Edusport, Edusport may use User information to contact users about promotions and special offers. Users are entitled, at any stage, to opt out of this service, by clicking on the "opt out" option on the email correspondence, by emailing Edusport Travel on info@edusport.co.za
8.4. Edusportdoes not sell or rent personal information about individual members (such as name, address, email address, telephone or fax number) to third parties.
8.5. Edusportmay disclose personal information in response to a specific request by a law enforcement agency, subpoena, court order, or as required by law.
8.6. Edusportmay also use such information to inform users, about changes in the services Edusportoffers and/or about features that may be of interest to users. By providing Edusportwith this information, Users consent to Edusport’s use of it for these purposes and for the purposes outlined in Edusport’s Privacy Policy, including for the purpose of processing user requests.
8.7. For a description of how we use a User’s personal data, please see our Privacy Policy.
9. Disclaimer and limitation of liability
9.1. Edusport is not liable to Users for information posted on the Edusport’s Website.
9.2. Edusport is not liable for the actions of Users of the Edusport Website.
9.3. By using the Edusport Website a User indemnifies, defends and holds harmless Edusport, its lawful agents, employees and representatives from all damages, losses and expenses, including legal expenses arising from the following -
9.3.1. any claims for the infringement of intellectual property rights, libel, defamation to any material the User may send to the Edusport Website;
9.3.2. the User’s breach of any provisions of these terms and conditions of the Edusport Website;
9.3.3. any claims, cost, loss, damage or expense, whether directly or indirectly, whether monetary or otherwise, which any person may suffer as a result of or in consequence of the use of or reliance of any information or material provided for on the Edusport Website;
9.3.4. Edusport, its lawful agents, employees and representatives are further indemnified in respect of any costs, losses, damages or expenses which any person may suffer as a result of entering into any transaction with any third party, including Edusport, its lawful agents, employees and representatives as a result of or in consequence of the reliance of any information contained on the Edusport Website or any related site;
9.3.5. in no event shall Edusport, its lawful agents and representatives referred to in this Website, be liable for any damages of whatsoever nature, whether for bodily, moral or material injury (including, without limiting, indirect, punitive, incidental and consequential damages, loss profits, expenses, costs, damage resulting from lost data or business interruption) resulting from the use or inability to use the Edusport Website and the material contained therein, whether based on warranty, contractual or extra contractual liability, any other legal matters, and whether or not Edusport, its lawful agents, employees and representatives is advised of the possibility of such damages.
10. Removal and correction of content
10.1. Users should report any untrue, inaccurate, illegal and/or harmful content appearing on the Edusport Website to +27 31 3034340.
10.2. Edusport undertakes to correct and/or remove any such content as soon as it becomes aware thereof.
11. Entire agreement
11.1. The Terms and Conditions set out herein constitute the whole agreement between the User and Edusport and shall take precedence over any disclaimer and/or legal notices attached to any communications and/or postings received by Edusport from the User.
11.2. Any failure by Edusport to exercise or enforce any rights or provisions shall not constitute a waiver of such rights or provisions.
11.3. No amendment of these Terms and Conditions or any provision or term hereof or of any other conditions contained on this Website shall be binding unless made by and recorded in written by Edusport.
11.4. To the extent permissible by law Edusport shall not be bound by any express or implied term, representation, warranty, promise or the like not recorded herein.
12. Applicable law
The Edusport Website is hosted, controlled and operated from the Republic of South Africa, and therefore South African law governs the use of the Edusport Website.
13. Jurisdiction
The High Court of South Africa (South Gauteng High Court) shall have jurisdiction with regard to any legal proceedings whatever arising in terms of this Terms and Conditions and Privacy Policy.
14. Legal costs
Edusport shall not be liable for legal costs and expenses incurred by the User to obtain professional advice relating to these Terms and Conditions.
15. Breach of terms and conditions
Should the User breach any Terms and Conditions of this Website, Edusport shall be entitled, without prejudice to its rights in terms of the Terms and Conditions or at law, to claim damages from the User, commence criminal proceedings and/or obtain an interdict against the User.
16. Update of terms and conditions
These Terms and Conditions were last updated on 25 November 2009 .
|
