INTERPRETATION

The term ‘terms’ refers to terms and conditions, and terms of use. The term ‘site’ refers to The Ruta Sechaba Foundation website, portal and any other such application as may be available in the future and if inferred from the context, may also include any other website or part thereof, accessed through a link to our website or portal and shall include, but is not limited to social media portals such as Facebook, LinkedIn, Twitter or any such site. The terms ‘we’, ‘us’ or ‘our’ refer to The Ruta Sechaba Foundation, which includes all subsidiaries. The term ‘you’ refers to the user or viewer of the website.

 

1. GENERAL

1.1 Use of this site is subject to any additional enrolments, agreements, policies or guidelines posted on the site from time to time.

1.2  The Ruta Sechaba Foundation does not make any representations regarding any other websites which may be linked to or accessed through this site and accordingly accepts no responsibility for the content or use of such websites or information contained therein. The Ruta Sechaba Foundation shall not be liable to any party for any form of loss or damage incurred as a result of any use of or reliance on any information contained on such website or any websites which can be accessed through this website.

1.3 This site is supplied on an ‘as is’ basis and has not been compiled or supplied with the intention of meeting your individual requirements. It is your sole responsibility, as user, to satisfy yourself, prior to making use of this site, that the service available from and through this site will meet your individual requirements and be compatible with your hardware and/or software.

 

2. LIABILITY

2.1  Subject to the provisions of sections 43(5) and 43 (6) of the Electronic Communications and Transactions Act, we shall not be liable for any damage, loss or liability of any nature arising from the use or inability to use this site or the services of contents provided from and through this site, or third-party website access through this site. Furthermore, we make no representations or warranties, implied of otherwise, that, amongst others, the content and technology available from this site are free from errors or omissions or that the service wil be uninterrupted and error-free.

2.2  The Ruta Sechaba Foundation, or any other party (whether or not involved in creating, producing, maintain or delivering the site) and any of the officers, directors, employees, or agents, will not be liable and/or responsible for any number or kind of loss or damage that you or a third party may suffer (including but not limited to any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contacts, use of money, or loss of damages arising from or connected in any way to business interruption, and whether in delict (including without limitation negligence), contract or otherwise, in connection with the site, (including the user-generated content) in any way or in connection with the use inability to use or the results of use of the site (including the user-generated content), any sites linked to the site or the material on such sites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, browsing the site (including the user-generated content) or your downloading of any material from the site (including the user-generated content) or any sites linked to the site.

2.3  You agree to keep The Ruta Sechaba Foundation and its associates fully indemnified against any actual or contingent liabilities incurred in relation to any actions or claims brought by any person against The Ruta Sechaba Foundation, as a result of an actual or alleged breach by you of any law, such other actions or claims brought to the provisions of services by The Ruta Sechaba Foundation.

 

3. SERVICE ACCESS

3.1  The Ruta Sechaba Foundation endeavours to ensure that the site is normally available 24 hours a day.

 

4. INFORMATION ON THIS SITE

4.1  Information, ideas and opinions expressed on this site should not be regarded as professional advice or the official opinion of The Ruta Sechaba Foundation. Users must seek advice prior to taking any action based on the contents of this site.

4.2  The Ruta Sechaba Foundation has not determined that the site content is suitable for any particular purpose and/or for a user whatsoever, other than as a general reference, and has not necessarily disclosed all risks relating to the site content of its subject matter. You should not rely on the site content for professional advice including but not limited to financial, investment, trading or other advice) or as a basis for any investment without first consulting with your preferred professional or business advisors. No information on the site shall be concluded merely by sending a data message to this site or its owners. Valid agreements require an acknowledgement of receipt of an offer, duly received from us. This is subject to the provisions of section 11 of the Electronic Communications and Transactions Act.

 

5. USER-GENERATED CONTENT AND CONDUCT

5.1  Any user of user-generated content by users other than for private, non-commercial research or study is strictly prohibited.

5.2  You are prohibited from posting or transmitting to or from the site, including The Ruta Sechaba Foundation’s Facebook, Twitter. LinkedIn, Google+ and other social networking media, any material:

5.2.1  that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance o inconvenience;

5.2.2  which is technically harmful, including but not limited to computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupt data or other malicious software of harmful data;

5.2.3  for which you have not obtained all necessary licences and/or approval, and/or

5.2.4  which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any.

5.3  The Ruta Sechaba Foundation shall fully cooperate with any law enforcement authorities or court order requesting or directing The Ruta Sechaba Foundation to disclose or identify or locate any inappropriate user-generated content.

5.4  The Ruta Sechaba Foundation accepts no responsibility for actively monitoring any forums, such as, but not limited to Facebook, Twitter, LinkedIn and any such other forums as may come into existence, contained in the site for inappropriate user-generated content. You agree that The Ruta Sechaba Foundation accept no liability whatsoever if we so choose from time to time to edit, restrict or remove the user-generated content.

 

6. INTELLECTUAL PROPERTY

6.1  This site contains information which is owned by and licensed to us, including but not limited to text, design, layout, graphics, organisation, magnetic translation, digital conversion and other information related to the site. This information is protected under applicable intellectual property laws and reproduction, distribution, publication and or other use, either in whole or in part are strictly prohibited. Without limiting the generality of the rights granted to a user under applicable intellectual property law, you are granted a non-exclusive, non-transferrable, revocable licence to:

6.1.1  access and use this site strictly in accordance with these terms;

6.1.2  to use this site solely for personal, non-commercial and lawful purposes, and

6.1.3  to download, copy, print screen, use, save or print out information from the site solely for personal, non-commercial purposes, provided that all copyright and other intellectual property notices herein are unchanged.

 

7. LINKS TO AND FROM OTHER SITES

7.1  You may not create a link to this site from a third-party site or document without our prior written consent.

7.2  Links to third party websites on the site are provided solely for your convenience. If you use these links, you leave the site. We have not reviewed these sites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about any third-party website, or any material found in such websites, or any results that may be obtained from using them. If you decide to access any third-party website lined to the site, you do so entirely at your own risk.

7.3  If you would like to link to the site, our prior written permission is required and you may only do so on the basis that you link to, but do not replicate any page of the site, and subject to the following conditions:

7.3.1  You do not remove, distort or otherwise alter the size or appearance of the The Ruta Sechaba Foundation logo.

7.3.2  You do not in ant way imply that we are endorsing any products or services other than its own.

7.3.3  You do not misrepresent your relationship with us nor present any other false information about The Ruta Sechaba Foundation.

7.3.4  You do not otherwise use the The Ruta Sechaba Foundation mark display on the site without express written permission from us.

7.3.5  You do not link from any other site that you do not have the necessary authority or permission to link from.

7.3.6  The site you are linking from does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of The Ruta Sechaba Foundation or any other person or otherwise does not comply with all applicable laws and regulations.

7.4  We expressly reserve the right to revoke the right granted in par 7.3 and to take any action we deem appropriate for the breach of these terms.

7.5  You herewith fully indemnify us for any loss or damage suffered by The Ruta Sechaba Foundation.

 

8. VARIATION OF TERMS

8.1  We reserve the right to modify these terms or information set out in the site at any time and will publish notice of any such modifications online. By continuing to access our site after notice of such modifications has been published, you agree to comply with and be bound by them. If you disagree with any of these modifications, you must immediately cease using our site.

 

9. GUIDELINES FOR ONLINE CONDUCT

9.1  You agree to use the site in accordance with all applicable laws.

9.2  We respect the constitutional right to freedom of speech and encourage robust intellectual debate. Your right to free speech is subject to the provisions of the Constitution.

9.3  You agree not to post any advertising or any form of commercial solicitation, including but not limited to, spamming anywhere on the site.

9.4  You agree not to post any content that contains viruses or other harmful items anywhere on the site.

9.5  We reserve the right to remove content, block access or take other action, which we deem appropriate in the circumstances against any content, which violates the above rules and guidelines.

9.6  If a third party claims that any material you have contributed to the site is unlawful, you will bear the burden of establishing that the material complies with all applicable laws.

 

10. APPLICABLE AND GOVERNING LAW

10.1  This site is hosted, controlled and operated from the republic of South Africa and South African Law governs the use or inability to use this site and these terms and conditions of use. South African courts have jurisdiction in the event of a dispute of any nature whatsoever arising between parties.