Webkraal Prop (Pty) Ltd, registration number 2011/106793/07 (hereinafter referred to as “Webkraal”, “we”, “our”, or “us”), owns and operates the website better known as www.webkraal.co.za (hereinafter referred to as the/this “Website”). These terms and conditions (hereinafter referred to as these “Terms and Conditions”) governs your use of the Website and the products and/or services made available through it by Webkraal (hereinafter collectively referred to as the “Services”). Access to and use of this Website and the Services are subject to these Terms and Conditions.
It is strongly advised that you read these Terms and Conditions carefully before you browse, access and/or use the Website and/or the Services. By browsing, accessing and/or using the Website and/or the Services, you acknowledge that you have read these Terms and Conditions and agree to be bound by and compliant hereto, as may be updated by us from time to time.
Access to this Website is permitted on a temporary basis, and Webkraal expressly reserves the right, in its sole and absolute discretion, to modify, withdraw, amend or to restrict access, temporarily or permanently, in whole or part, to the Website and/or the Services with or without prior notice to users and you confirm that Webkraal shall not be liable to you or any third party for any modification or withdrawal of the Website and/or the Services.
Webkraal may, in its sole and absolute discretion, add or remove features on the Website, discontinue the Services and amend these Terms and Conditions governing the use of the Website and/or Services or any associated policy or related document related hereto at any time, with or without prior notice to users. Continued use of the Website and/or Services shall be deemed to constitute acceptance of the amended Terms and Conditions and you understand and agree that you are consequently solely responsible for reviewing these Terms and Conditions from time to time.
This Website may contain links to other websites (the “Linked Site(s)”), which are not operated by or related to this Website. Users acknowledge and agree that Webkraal is not responsible for the availability of the Linked Sites.
The Website as well as the Services are directed solely at those who access same from the Republic of South Africa. Webkraal makes no representations or warranties that the Website, and/or the Services are available or otherwise suitable for use outside of the Republic of South Africa. If you choose to browse, access and/or use the Website and the Services from locations outside the Republic of South Africa, you do so at our own risk and accordingly you are responsible for the consequences and compliance with any and all applicable law.
3. User Conduct
You may only use the Website and the Services if –
- you are 18 (EIGHTEEN) years or older and have the legal capacity to conclude binding agreements or if you are under 18 (EIGHTEEN) years old, have the prior consent of your parents or legal guardians;
- you agree to use the Website and/or the Services for lawful purposes and you agree not to store on your computer in any manner, print copies or extracts from the Website, modify or re-use the text or graphics from the Website, save for personal and non-commercial use, without the prior written consent of Webkraal;
- you agree not to impersonate any person or entity, including any agent, representative or employee of Webkraal;
- you intend on creating an user account, you agree that you shall only create one user account per platform, provide your full name and a valid e-mail address at which we will be able to contact you as well as comply with any other steps required in order to sign up for an user account;
- you agree to keep your login details to your user account secure, which includes, but is not limited to, not disclosing your login details to anyone else or allowing someone else to use your login details or user account;
- you accept full responsibility for the activities carried out by the use of your user account;
- you agree not to decompile or disassemble the Services or circumvent, deactivate or otherwise interfere with any technological measure or security-related feature of the Website and/or Services; and
- you agree not to harvest or collect another user’s personal information, including its e-mail address, without its consent.
By browsing, accessing and/or using this Website and the Services, you agree that you shall not –
- misuse this Website;
- commit or encourage a criminal offense that violates any laws;
- permit to publish, manipulate, distribute or otherwise reproduce, in any format, any content or copies of the content supplied to you or which appears on this Website nor shall you use any such content in connection with any business or commercial enterprise;
- without the prior written consent of Webkraal, store on your computer in any manner, print copies or extracts from the Website, modify or re-use the text or graphics from the Website, save for personal and non-commercial use;
- transmit or distribute viruses, trojans, worms, logic bombs or any other materials or technologies which are malicious and technologically harmful to Webkraal or the interests or property of Webkraal users;
- transmit any material which is in breach of confidence or in any way invasive of another person’s privacy, racially or ethnically offensive, discriminatory obscene or otherwise illegal or indecent;
- hack into any aspect of the Website and/or Services, decompile or disassemble the Website and/or Services or otherwise interfere with any technological measure or security feature of the Website and/or Services;
- corrupt data;
- cause annoyance to other users of the Website and/or Services;
- infringe upon any patent, trademark, trade secret, copyright, or other proprietary, publicity or privacy rights of any third party or otherwise violate any such third party’s rights;
- send any unsolicited advertising or promotional material, commonly referred to as “spam”, “junk mail”, “chain letters”, “pyramid schemes” or any other form of solicitation;
- impersonate any person or entity, including any agent, representative or employee of Webkraal;
- harvest or collect another user’s personal information, including its e-mail address, without its consent; and
- attempt to affect the performance or functionality of any computer facilities of or accessed through this Website.
Breaching these provision may constitute a criminal offense and upon becoming aware of such offense, Webkraal shall report any such breach and disclose the identity of any person involved in such breach to the relevant law enforcement authorities.
We shall not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or any other technologically harmful materials that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website and/or the Services or as a result of you downloading any material posted on it, or on any Linked Site.
5. Intellectual Property, Software and Content
All intellectual property rights, whether capable of registration or not, not yet registered or pending registration, including all the works, copyrights, patents, trademarks, trade names and databases on the Website and/or the Services (including but not limited to software, text, graphics, icons, hyperlinks and designs) shall remain the exclusive and sole property of Webkraal or its licensors and are protected from infringement by South African and international copyright laws and treaties. All such rights are expressly reserved by Webkraal and its licensors.
6. Disclaimer as to ownership of trade marks, images of personalities and third party copyright
Except where expressly stated to the contrary, all persons (including their names and images), third party trademarks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with this Website and you should not rely on the existence of such a connection or affiliation. Any trademarks or names featured on this Website are owned by the respective trademark owners. Where a trademark or brand name is referred to, it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to the Website.
7. Disclaimer of Liability
You expressly acknowledge and agree that the Website and the Services are supplied on an “as is” or “as available” basis and you hereby agree that the Website and the Services are used at your own risk without any warranties whatsoever. The Website and/or Services have not been compiled or supplied to meet your individual requirements. It is your sole responsibility to satisfy yourself that the Website and Services available therein will meet your individual requirements and will be compatible with your hardware and/or software.
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Although Webkraal takes all reasonable steps to verify that the information on the Website is accurate, we do not warrant the accuracy or reliability of any information, statement or opinion contained in, displayed on or linked to this Website or that the Services will be completely uninterrupted, error free, complete and accurate. Accordingly, you acknowledge that any reliance upon such information, statement or opinion shall be entirely at your own risk.
Webkraal does not endorse, warrant, guarantee or assume responsibility for any content, material, opinion, statement, recommendation or advice made available through any Linked Sites.
All express and implied warranties, including, without limitation to, the warranties of merchantability, fitness for a particular purpose, and non-infringement of any intellectual property rights are expressly disclaimed to the fullest extent permitted by law. Furthermore, all express and implied warranties (if any) obtained herein, in connection with the Website and/or the Services and the use and access thereof are expressly disclaimed to the fullest extent permitted by law.
Furthermore neither Webkraal nor any of its agents, representatives or employees assume any liability or responsibility for any –
- errors, omissions, mistakes and inaccuracies on the Website or Linked Sites;
Unauthorized access to or use of the Website and the Services and any personal information or financial information stored therein;
- interruption or cessation of transmission to or from the Website, and the Services; and
- bugs, viruses, trojan horses or the like which may be transmitted to or through the Website by any third party.
8. Limitation of Liability
Unless expressly stated to the contrary to the fullest extent permitted by law, Webkraal, its agents, representatives and employees, hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by law and shall not be liable for any damages, loss or liability whatsoever, including but without limitation to any indirect, special, consequential, punitive or incidental damages, or damages as a result of loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement for substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website, Services or Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, delict or enrichment, by law or otherwise.
You indemnify and shall keep Webkraal indemnified at all times against direct losses sustained by you due to any loss of or damage to property, claim in respect of the death or personal injury of any individual, or any other claim, action, charge, cost, demand or expense, including without limitation, all legal fees and costs arising as a result of any material breach of these Terms and Conditions or your use and access to the Website and the Services, provided that the indemnification of Webkraal does not apply to instances where the liability which is indemnified arose as a result of the willful conduct or gross negligence of Webkraal.
10. Linking to this Website
You may link to our home page, provided you do so in a way that is fair, legal and does not damage our reputation or take advantage of it: Provided that you do not establish a link in such a way as to suggest any form of association, approval or endorsement on our part, without our prior written consent. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without prior notice.
Webkraal has the right, but not the obligation, to monitor any activity and content or material associated with the Website. Webkraal may investigate any reported violation of these Terms and Conditions or complaints received and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, restricting, terminating or attaching conditions to your access and use of the Website and/or removing any content or material from the Website).
If any part of these Terms and Conditions is unenforceable for any reason whatsoever (including any provision in which we exclude our liability to you) the enforceability of any other remaining parts of these Terms of Conditions shall not be affected and all other clauses remaining shall be in full force and effect. So far as possible where any clause or sub-clause or part of a clause or sub-clause may be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause or sub-clause as is permitted by law.
We operate a complaints handling procedure which we shall use to try to resolve disputes when they first arise. We kindly request that you contact us if you have any complaints or comments.
In the event of any dispute of any nature whatsoever on any matter provided for in, or arising out of, these Terms and Conditions, the law and the appropriate courts of the Republic of South Africa shall have jurisdiction.
Any failure by Webkraal to exercise or enforce any right or provision of these Terms and Conditions shall in no way constitute a waiver of such right or provision.
16. Entire Agreement
These Terms and Conditions constitute the entire agreement of Webkraal and yourself as the user of the Website and/or Services and supersede any and all preceding and contemporaneous agreements between you and Webkraal. Any waiver of any provision of these Terms and Conditions shall be effective only if in writing and signed by a director of Webkraal.
You may terminate your user account at any time.
Should you in any way breach any of these Terms and Conditions, Webkraal reserves the right, at its sole and absolute discretion, to –
- suspend your use of the Website, as well as the Services, either in whole or in part;
- restrict your use of the Website, as well as the Services, either temporarily or permanently; or
- terminate your user account and your use of the Website as well as the Services.
Webkraal shall also terminate any unconfirmed accounts or accounts that are inactive for an extended period of time.
You agree that should your use of the Website as well as the Services be suspended, restricted or terminated for any reason whatsoever, all of your content or material will no longer be accessible.