WEBSITE TERMS AND CONDITIONS
1. DEFINITIONS AND INTERPRETATION
1.1. “ECT Act” means the Electronic Communications and Transaction Act No 25 of 2002, as amended.
1.2. “Frame” means to organise the website into different frames, with each frame displaying a different html document, severing the link between the content and the URL.
1.3. “User” means any person who access and/or uses the website of Cuberoo.
1.4. “Cuberoo” means the website displaying official content as authorised by the directors of the Cuberoo.
1.5. “Site content” means textual, visual or aural content that is encountered as part of the user experience.
1.6. ‘Website” means a collection of web pages (documents that are accessed through the Internet):
Unless a contrary intention clearly appears words importing – any one gender include the other two genders; the singular include the plural and vice versa; and natural persons include created entities (corporate or unincorporate) and the state and vice versa.
2. ALLOWED USE AND LICENSE
2.1. By accessing the User agrees to the terms and conditions herein contained and all applicable laws.
2.2. Cuberoo’s website authorises the User to view and print the content of the website, provided that such contents are only used for personal, educational and/or non-commercial purposes.
2.3. Content on the website may not be used for any commercial or nonprivate use without the prior written consent of Cuberoo.
2.4. Users may only access and use the website for lawful purposes.
2.5. No person may frame this website in any manner whatsoever without the prior written consent of Cuberoo.
2.6. Users are not allowed to copy, reproduce, reuse, retransmit, adapt, publish, frame, post, upload, modify, broadcast or distribute any Site content in any way.
3. IP RIGHTS AND DOMAIN NAMES
3.1. All intellectual property on the website, including but not limited to trademarks, domain names, patents, text, graphics, software, icons, hyperlinks, software, and design elements are the property of Cuberoo and are protected from infringement by domestic and international legislation.
3.2. 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.
3.3. Nothing on the Website should be construed as granting any licence or right to distribute content without the express written consent of Cuberoo.
4.1. 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.
5.1. Although Cuberoo will make reasonable endeavours to ensure that the content on the website is reliable, inaccuracies may occur. It is therefore important that the User acknowledges that:
5.1.1. use of the website is at own risk;
5.1.2. the website is provided to the User ‘as is’.
5.2. The User is furthermore prohibited from:
5.2.1. placing information, personal or otherwise, on Cuberoo’s website;
5.2.2. creating additional hyperlinks on Cuberoo’s website;
5.2.3. defacing Cuberoo’s website;
5.2.4. deleting, altering and/or amending content on Cuberoo’s website.
6.1. The Website may provide hyperlinks to other websites not controlled by Cuberoo. Such links do not imply the endorsement, agreement or support of the content of such other sites.
6.2. Downloading material from these sites may risk infringing intellectual property.
6.3. It is the User’s responsibility to access the authenticity of any Cuberoo’s website, which may be hyperlinked to.
6.4. Cuberoo is not responsible for ensuring that hyperlinks are operational.
7.1. Although Cuberoo acknowledges that a 100% secure online environment is unattainable, Cuberoo is committed to taking reasonable security measures to safeguard the content of its website.
7.2. The User’s privacy is very important to Cuberoo. Any information provided to Cuberoo is therefore stored on a secure server.
7.3. Cuberoo does not sell or rent personal information about individual members (such as name, address, email address, telephone or fax number) to third parties.
7.4. Cuberoo may disclose personal information in response to a specific request by a law enforcement agency, subpoena, court order, or as required by law.
7.5. Cuberoo will collate the information which users give to Cuberoo to provide users with services and personalise the use and visits of Cuberoo’s website.
8. DISCLAIMER AND LIMITATION OF LIABILITY
8.1. Information contained on Cuberoo’s website is for information purposes only and not intended to constitute professional advice as circumstances will vary from person to person.
8.2. Cuberoo is not liable to Users for information posted on Cuberoo’s website.
8.3. Cuberoo is not liable for the actions of Users of Cuberoo’s website.
8.4. By using Cuberoo’s website, a User indemnifies, defends and holds harmless, Cuberoo’s lawful agents, employees and representatives from all damages, losses and expenses, including legal expenses arising from the following:
8.4.1. any claims for the infringement of intellectual property rights, libel, defamation to any material the User may send to Cuberoo;
8.4.2. the User’s breach of any the provisions of Cuberoo’s website terms and conditions;
8.4.3. 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 Cuberoo’s website.
8.5. Cuberoo, 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 Cuberoo, its lawful agents, employees and representatives as a result of or in consequence of the reliance of any information contained on Cuberoo’s website or any related site.
8.6. In no event shall Cuberoo, 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 and the website of Cuberoo, material contained therein, whether based on warranty, contractual or extra contractual liability, any other legal matters, and whether or not Cuberoo, its lawful agents, employees and representatives are advised of the possibility of such damages.
9. REMOVAL AND CORRECTION OF CONTENT
9.1. Users should report any untrue, inaccurate, illegal and/or harmful content appearing on Cuberoo’s website. Cuberoo undertakes to correct and/or remove any such content as soon as it becomes aware thereof.
10. ENTIRE AGREEMENT
10.1. The terms and conditions set out herein constitute the whole agreement between the User and Cuberoo and shall take precedence over any disclaimer and/or legal notices attached to any communications and/or postings received by Cuberoo from the User.
10.2. Any failure by Cuberoo to exercise or enforce any rights or provisions shall not constitute a waiver of such rights or provisions.
10.3. 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 Cuberoo.
10.4. To the extent permissible by law Cuberoo shall not be bound by any express or implied term, representation, warranty, promise or the like not recorded herein.
11. APPLICABLE LAW
11.1. Cuberoo’s website is hosted, controlled and operated from the Republic of South Africa and therefore South African law governs the use of Cuberoo’s website.
12.1. The User consents to the jurisdiction of the Free State Provincial Division of the High Court, Bloemfontein or, at Cuberoo’s option, the Magistrate’s Court in regard to any legal proceedings whatever arising form this agreement.
13. LEGAL COSTS
13.1. Cuberoo shall not be liable for legal costs and expenses incurred by the User to obtain professional advice relating to these terms and conditions.
14. BREACH OF TERMS AND CONDITIONS
14.1. Should the User breach any terms and conditions of this website, Cuberoo shall be entitled, without prejudice to its rights in terms of the terms and conditions or at law, to claim damages from the User or to commence criminal proceedings.