Terms of Use
TERMS AND CONDITIONS OF USE OF THE DataLINK SYSTEM These Terms and Conditions of Use (“T&C’s”) apply to all developments by DesignLinks (Pty) Ltd, including but not limited to the dataLINK platform and the Content Management System, the database structure, the background technology, trademarks and logo’s associated therewith, and all associated and ancillary intellectual property thereto, hereinafter referred to collectively as the “dataLINK System”, operating on the OneLife website and all relevant and associated websites (the “site”), whether or not administered or controlled by the Proprietor of the dataLINK System, and are binding upon all Licensees, Users and End-Users of the dataLINK System. designLinks (Pty) Ltd is the “Proprietor” of the dataLINK System, which is made available to licensees in terms of a non-exclusive license agreement. BY USING THE SITE, YOU AGREE TO THESE T&C’s IF YOU DO NOT AGREE, DO NOT USE THE SITE. The Proprietor reserves the right, at its sole discretion, to change, modify, add or remove portions of these T&C’s, at any time. It is your responsibility to check these T&C’s, from time-to-time, for changes. Your continued use of the site following the posting of changes will mean that you accept and agree to the changes. Provided you comply with these T&C’s, the Proprietor grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the site. CONTENT All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (hereinafter referred to as “content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such content, contained on the site is owned, controlled or licensed by or to the Proprietor, and is protected by trademark and copyright laws, together with other intellectual property rights in terms of both South African Statute and Common Laws. All reference to content shall include the dataLINK System, and all of the Proprietor’s rights in respect thereof, as dealt with in the licensing agreement between the Proprietor and the licensees, and are hereby specifically included and protected in terms of these T&C’s. Except where expressly permitted, no part of the site and no content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, web site or other medium for publication or distribution or for any commercial enterprise, without the Proprietor express prior written consent. You may use that information which has been specifically made available by the Proprietor for downloading from the site, provided that you: 1. only use such downloaded information for your personal, non-commercial informational purpose; 2. do not copy or post such information on any networked computer or broadcast it in any media; 3. make no modifications to any such information; 4. do not make any additional representations or warranties relating to such documents and 5. acknowledge and honour the copyright of the Proprietor in respect of any such downloaded information. YOUR USE OF THE SITE You have provided certain of your personal information to the System, located at the dataLINK website and associated sites linked thereto, for the purpose of engaging with, entering, acquiring information or in any other manner transacting with the relevant licenses of the dataLINK System. It is recorded that for the ease of use of the system, this personal information is able to be accessed by all licensees to the dataLINK System solely for the purpose of populating said personal information into any online entry process in respect of any event being coordinated and run by a licensee on the dataLINK System. Such Personal Information shall be protected in terms of the dataLINK System Privacy Policy, and shall not in any other manner be provided, sold or distributed to any third party in contravention of any prevailing laws governing the protection of personal information. You undertake that you will not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the site or any content, or in any way reproduce or circumvent the navigational structure or presentation of the site or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the site. The Proprietor reserves the right to bar any such activity. You undertake that you will not attempt to gain unauthorized access to any portion or feature of the site, or any other systems or networks connected to the site, or to any of the services offered on or through the site, by hacking, password “mining” or any other illegitimate means. You undertake that you will not probe, scan or test the vulnerability of the site or any network connected to the site, or breach the security or authentication measures on the site or any network connected to the site. You undertake that you will not reverse look-up, trace or seek to trace any information on any other user of or visitor to the site, or any other customer of the Proprietor, including any account not owned by you, to their source, or exploit the site or any service or information made available or offered by or through the site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the site or the systems or networks, or any systems or networks connected to the site or to the Proprietor. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the site or any transaction being conducted on the site, or with any other person’s use of the site. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to the Proprietor on or through the site or any service offered on or through the site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity. You may not use the site or any content for any purpose that is unlawful or prohibited by these T&C’s, or to solicit the performance of any illegal activity or other activity which infringes the rights of the Proprietor or others. REGISTRATION FEES, MEMBERSHIP FEES, ENTRY FEES, ENTRIES AND SHOWS: OTHER TERMS AND CONDITIONS Additional terms and conditions may apply to the payment of registration and/or membership fees and entry fees, on-line entries to events, and other such related transactions which may be facilitated on the site, including competitions, promotions or other similar features, which terms and conditions may be those of Industry Users making their various services, shows, events and the like, available via the site, all of which terms are hereby made a part of these T&C’s by this reference thereto. By making use of the content on the site in order to transact for any of the services offered thereon, you warrant that you do have the relevant and appropriate legal capacity in order to use or participate in such service or feature, and that all of the information provided is true and correct. You agree to abide by all such other terms and conditions. In the event that there is a conflict between these T&C’s and the terms posted for or applicable to a specific portion of the site or for any service offered on or through the site, the latter terms shall prevail in respect of your use of that portion of the site or the specific service. The Proprietor’s obligations, if any, with regard to any services offered on their site are governed solely by the agreements pursuant to which they are provided, and nothing on this site should be construed to alter such agreements. The Proprietor may make changes to any products or services offered on the site at any time, without notice. The materials on the site with respect to services and/or events may be out of date, and the Proprietor makes no commitment to update the materials on the site with respect to such services and/or events. The following terms also govern and apply to your use of the site, and they are incorporated herein by this reference: Trademark Information, Copyright Information (including Rights and Permissions, and Claims of Copyright Infringement); Piracy Prevention; Software License Information and Legal Contacts. Each of these policies may be changed from time to time and are effective immediately upon posting such changes on the site. ACCOUNTS, PASSWORDS AND SECURITY Certain features or services offered on or through the site may require you to open an account (including setting up an ID and password). You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify the Proprietor immediately of any unauthorized use of your account or password, or any other breach of security. However, you may be held liable for losses incurred by the Proprietor or any other user of or visitor to the site due to someone else using your ID, password or account. You may not use anyone else’s ID, password or account at any time without the express permission and consent of the holder of that ID, password or account. The Proprietor cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations. PRIVACY The Proprietor’s Privacy Policy, as set out below, applies to use of this site: • by using the site, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send to the site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted. • All personal information necessary to be provided to the dataLINK System for the purpose of transacting with the Proprietor/Licensee via the dataLINK System shall be maintained in the strictest confidence, and will not be disseminated, sold or otherwise distributed to any third party, with the exception of providing certain requisite reporting in accordance with specific legitimate legislative requirements, or as set out here below. • In those instances where the Proprietor/Licensee utilises the services of third parties to provide products or services to you, the Proprietor/Licensee may be required to share certain of your personal information with these third parties. The Proprietor/Licensee shall limit the information provided, ensuring that they will only disclose that information specifically necessary for the purposes of performing the function that is required to such third party service/product supplier. • the Proprietor/Licensee may use the personal information you have registered on the dataLINK System for the purpose of contacting you, whether by way of mail, electronic mail, SMS or telephonic contact, for transactional, security, communication or marketing purposes, but shall only do so where you have agreed that we may do so. • the Proprietor/Licensee shall always endeavour to only provide you with information that will be of interest to you. • the Proprietor/Licensee shall always provide you with the option to terminate, and/or unsubscribe from, all such further contact by the Proprietor/Licensee. All personal information necessary to be provided to the dataLINK System for the purpose of transacting with any licensee of the dataLINK System shall be maintained in the strictest confidence by the Proprietor, and will not be disseminated, sold or otherwise distributed to any third party, with the exception of providing certain requisite reporting to a Statutory or National body or Sports Federation in accordance with their specific legitimate requirements. The Proprietor makes no such warranties in respect of the Licensee’s of the dataLINK System, and any claims in respect of such an infringement of your personal information by a Licensee will only lie against the Licensee directly, and you shall hav no claim against the Proprietor. LINKS TO OTHER SITES AND TO THE SITE This site may contain links to other independent third-party web sites (“linked sites”). These linked sites are provided solely as a convenience to our visitors. Such linked sites are not under the Proprietor’s control, and the Proprietor is not responsible for and does not endorse the content of such linked sites, including any information or materials contained on such linked sites. You will need to make your own independent judgment regarding your interaction with these linked sites. DISCLAIMER This website and all of its contents are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. DesignLinks (Pty) Ltd (the “Proprietor”) makes no representations or warranties, either express or implied, in respect of the contents of this website, including but not limited to inter alia, the merchantability thereof, the fitness for a particular purpose, the title, the non-infringement of any rights, howsoever arising, or the accuracy, completeness, reliability and currency thereof, or that the website or it(s) servers are free of viruses or other harmful components. The user of this website agrees and accepts that they have read and understood this Disclaimer, and accordingly that their use hereof is entirely at their own risk, and the Proprietor shall accept no liability, howsoever arising, in respect of any damages suffered, whether direct or indirect, as a result of the use hereof. The Proprietor reserves the rights to change any and all content contained on the website at any time without notice. The Proprietor furthermore reserves the right to restrict content and/or access to and/or use of the website, where the content thereof is considered, in the sole opinion of the Proprietor to be offensive, abusive, coercive or in any other way inappropriate or unconstitutional. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer and/or supplier, or otherwise, does not constitute or imply an endorsement, sponsorship or recommendation thereof by the Proprietor. LIMITATION OF LIABILITY The Proprietor, together with any of its officers, directors, members, employees, agents, suppliers, affiliates or licensees, accepts no liability, howsoever arising, in respect of any direct, indirect, special, incidental or consequential damages or any other kind of damages including but not limited to, loss of use, loss of profits or loss of data, whether in an action founded in contract, delict (including but not limited to any degree of negligence) or otherwise, arising out of or in any way connected to the use of, or inability to use, this website or its content accessed through this website, even if the Proprietor have been advised of the possibility of such damages. INDEMNIFICATION The user hereby agrees to defend, indemnify and hold harmless the Proprietor, together with any of its officers, directors, members, employees, agents, suppliers, affiliates or licensees, from and against any and all claims, damages, costs and expenses, including attorney’s fees on the attorney/own client scale, arising from or related to your use of the website or any materials or submissions you provide including, but not limited to, any claim by a third party that any materials or submissions infringe or violate such third party’s rights or interests. REMOVAL AND DISCLOSURE The Proprietor reserve the right, at their sole discretion, to remove, take down, destroy or delete any materials and/or submissions, at any time and for any reason, including but not limited to materials and/or submissions which the Proprietor deem inappropriate or which, in their opinion, may subject the Proprietor to any liability. The Proprietor may access, use and/or disclose any/all transaction information about your use of the website and any material and/or submissions transmitted by you through or in connection with our website, to the extent permitted by law, in order to comply with the law (e.g. a lawful subpoena), it being specifically recorded that the Proprietor’s shall conduct this website in accordance with the relevant provisions of the Electronic Communications and Transactions Act 25 of 20012 and the Protection of Personal Information laws (once enacted) as may be applicable from time-to-time. In addition, the Proprietor may access, use and/or disclose a user’s information in order to initiate, render, bill and collect for the Proprietor’s products and services, to protect the Proprietor’s rights or property, or to protect other users of this website from fraudulent, abusive or unlawful use of the website. You acknowledge and agree that The Proprietor may preserve any transmission or communication by you with the Proprietor through the site or any service offered on or through the site, and may also disclose such data if required to do so by law or the Proprietor determines that such preservation or disclosure is reasonably necessary to: 1. comply with legal process, 2. enforce these T&C’s, 3. respond to claims that any such data violates the rights of others, or 4. protect the rights, property or personal safety of the Proprietor, their employees, users of or visitors to the site, and the public. You agree that the Proprietor may, in their sole discretion and without prior notice, terminate your access to the site and/or block your future access to the site if they determine that you have violated these T&C’s or other agreements or guidelines which may be associated with your use of the site. You also agree that any violation by you of these T&C’s will constitute an unlawful and unfair business practice, and will cause irreparable harm to the Proprietor, for which monetary damages would be inadequate, and you consent to the Proprietor obtaining any injunctive or equitable relief that the Proprietor deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies the Proprietor may have at law. You agree that the Proprietor may, in their sole discretion and without prior notice, terminate your access to the site, for cause, which includes (but is not limited to) 1. requests by law enforcement or other government agencies, 2. a request by you (self-initiated account deletions), 3. discontinuance or material modification of the site or any service offered on or through the site, or 4. unexpected technical issues or problems. If the Proprietor does take any legal action against you as a result of your violation of these T&C’s, the Proprietor will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action on the attorney and own-client scale, in addition to any other relief granted to the Proprietor. You agree that the Proprietor will not be liable to you or to any third party for termination of your access to the site as a result of any violation of these T&C’s. Any direct, indirect or attempted violations of this notice or any related license, policy, guideline or agreement, and any actual or attempted violations by a third party on a user’s behalf, shall be considered to be a violation of this agreement by the user. In any such event, the proprietor’s rights are strictly reserved. GOVERNING LAW: DISPUTE RESOLUTION You agree that all matters relating to your access to or use of the site, including all disputes, will be governed by the laws of the Republic of South Africa. In the event of any controversy or dispute between the Proprietor and you arising out of or in connection with your use of the site, the parties shall attempt, promptly and in good faith, to resolve any such dispute by way of mediation. If they are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to arbitration in terms of the Arbitration Foundation of South Africa – Rules for Expedited Arbitration. The parties hereby irrevocably agree that the decision of the arbitrator in any such arbitration proceedings shall be final and binding upon them. In the event of a party failing to comply with such decision the other party shall be entitled to institute legal proceedings forthwith for enforcement thereof. Nothing herein contained shall preclude the right of the Proprietor to proceed in any Court with the necessary jurisdiction to hear the matter, in order to protect any of their rights in respect of the use of their site and dataLINK System. VOID WHERE PROHIBITED The Proprietor administers and operate the designLINK site from their location in Johannesburg, South Africa. Although the site is accessible worldwide, not all features, facilities or services discussed, referenced, provided or offered through or on the site are available to all persons or in all geographic locations, or appropriate or available for use outside South Africa. The Proprietor reserves the right to limit, in their sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the site is void where prohibited. If you choose to access the site from outside South Africa, you do so on your own initiative and you are solely responsible for complying with applicable local laws. MISCELLANEOUS You may not use or export or re-export any content or any copy or adaptation of such content, or any product or service offered on the site, in violation of any applicable laws or regulations. Should any of the provisions of these T&C’s be invalid or unenforceable, such provisions shall be limited or severed to the minimum extent necessary, so that the remaining T&C’s shall remain in full force and effect. These T&C’s constitute the entire agreement between you and the Proprietor with regard to your use of the site, and any and all other written or oral agreements or understandings previously existing between you and the Proprietor with respect to such use are hereby superseded and cancelled. The Proprietor will not accept any counter-offers to these T&C’s, and all such offers are hereby categorically rejected. The Proprietor’s failure to insist on or enforce strict performance of these T&C’s shall not be construed as a waiver by the Proprietor of any provision or any right it has to enforce these T&C’s, nor shall indulgence granted by the Proprietor be deemed to modify any provision of these T&C’s. These T&C’s shall not be interpreted or construed to confer any rights or remedies on any third parties. FEEDBACK AND INFORMATION Any feedback you provide at this site shall be deemed to be non-confidential. The Proprietor shall be free to use such information on an unrestricted basis. The information contained in this web site is subject to change without notice. Copyright © 2015, The Proprietors. All rights reserved. DESIGNLINKS (PTY) LTD, REGISTRATION NUMBER: 2015/295402/07