Terms and Conditions
Last Updated : 25/02/2009
Acceptance
By using and/or visiting this website (collectively, including all content and functionality available through the kwaaijong.co.za domain name, the "kwaaijong.co.za Website", or "Website"), you signify your agreement to (1) these terms and conditions (the "Terms of Service"), (2) kwaaijong.co.za's privacy notice, found at http://www.kwaaijong.co.za and incorporated here by reference. If you do not agree to any of these terms, the kwaaijong.co.za privacy notice, please do not use the kwaaijong.co.za Website. Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version at http://www.kwaaijong.co.za. kwaaijong.co.za may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
kwaaijong.co.za
The kwaaijong.co.za Website may contain links to third party websites that are not owned or controlled by kwaaijong.co.za. kwaaijong.co.za has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, kwaaijong.co.za will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve kwaaijong.co.za from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the kwaaijong.co.za Website and to read the terms and conditions and privacy policy of each other website that you visit.
Permissions and Restrictions
kwaaijong.co.za hereby grants you permission to access and use the Website as set forth in these Terms of Service, provided that:
You agree not to distribute in any medium any part of the Website, including but not limited to User Submissions (defined below), without kwaaijong.co.za's prior written authorization. You agree not to alter or modify any part of the Website.
In your use of the website, you will otherwise comply with the terms and conditions of these Terms of Service, and all applicable local, national, and international laws and regulations.
kwaaijong.co.za reserves the right to discontinue any aspect of the kwaaijong.co.za Website at any time.
You agree to conform to generally acceptable Internet etiquette ("netiquette") and to abide by kwaaijong.co.za operating policies, which may be amended from time to time at kwaaijong.co.za's sole discretion, (and you hereby indemnify and hold kwaaijong.co.za free from liability in respect of any loss or damage of whatever nature caused as a result of any violations of such policy) which policies include but are not limited to the guidelines set out below:
Not to create a false identity or forged e-mail address or header, or otherwise attempt to mislead others as to the identity of the sender or the origin of the message;
not to violate the privacy of any person, which shall include but shall not be limited to, hacking.
Your Use of Content on the Site
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the kwaaijong.co.za Website. The content on the WebMail.co.za Website including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to kwaaijong.co.za, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. kwaaijong.co.za reserves all rights not expressly granted in and to the Website and the Content.
You may access kwaaijong.co.za Content and other content only as permitted under this Agreement. kwaaijong.co.za reserves all rights not expressly granted in and to the kwaaijong.co.za Content and the kwaaijong.co.za Service.
You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution for any commercial purposes. You agree not to circumvent, disable or otherwise interfere with security-related features of the kwaaijong.co.za Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the kwaaijong.co.za Website or the Content therein.
You understand that when using the kwaaijong.co.za Website, you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against kwaaijong.co.za with respect thereto, and agree to indemnify and hold kwaaijong.co.za, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE KWAAIJONG.CO.ZA WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, KWAAIJONG.CO.ZA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. KWAAIJONG.CO.ZA MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE KWAAIJONG.CO.ZA WEBSITE. KWAAIJONG.CO.ZA DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE KWAAIJONG.CO.ZA WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND KWAAIJONG.CO.ZA WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Limitation of Liability
IN NO EVENT SHALL KWAAIJONG.CO.ZA, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE KWAAIJONG.CO.ZA WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT KWAAIJONG.CO.ZA SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
Indemnity
You agree to defend, indemnify and hold harmless kwaaijong.co.za, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the kwaaijong.co.za Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the kwaaijong.co.za Website.
Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.
Assignment
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by kwaaijong.co.za without restriction.
General
You agree that: (i) the kwaaijong.co.za Website shall be deemed solely based in Johannesburg, South Africa; and (ii) the kwaaijong.co.za Website shall be deemed a passive website that does not give rise to personal jurisdiction over kwaaijong.co.za, either specific or general, in jurisdictions other than Johannesburg. These Terms of Service shall be governed by the internal substantive laws of the State of South Africa, without respect to its conflict of laws principles. Any claim or dispute between you and kwaaijong.co.za that arises in whole or in part from the kwaaijong.co.za Website shall be decided exclusively by a court of competent jurisdiction located in Johannesburg, South Africa. These Terms of Service, together with the Privacy Notice at http://www.kwaaijong.co.za and any other legal notices published by kwaaijong.co.za on the Website, shall constitute the entire agreement between you and kwaaijong.co.za concerning the kwaaijong.co.za Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and kwaaijong.co.za's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. kwaaijong.co.za reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the kwaaijong.co.za Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND KWAAIJONG.CO.ZA AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE KWAAIJONG.CO.ZA WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.