Terms & Conditions
INTERPRETATION
a. "user" - a person who uses and/or accesses computer Software and/or material via the ewasa.org site:
b. "Software" - Including, but not limited to any images or files incorporated in or generated by the software or data accompanying such software.
c. "material" - Including, but not limited to: text, submissions, images, audio and/or video in whole or in part;
d. "content" - Included, but not limited to software and material;
e. "submissions" - Including, but not limited to notes, images, ideas, suggestions, any data, questions and other information submitted in the ewasa.org site via transmission by electronic mail or otherwise.
f. "forum" - Including, but not limited to bulletin boards, chat rooms and other public areas found on the ewasa.org site. In this agreement unless it appears to the contrary, the singular shall include the plural and vice versa, and reference to gender shall also include the opposite gender and any reference to a natural person, shall include legal person and vice versa.
1. ACCESS AND AVAILABILITY OF SERVICE AND LINKS
The ewasa.org site contains links to other related World Wide Web Internet Sites. No inference can be made or representation implied that ewasa.org is connected with, operates or controls this linked web site. Whether or not these linked sites are in fact affiliated with the ewasa.org site, the ewasa.org site is not responsible for the content on the aforesaid sites. The linked sites are for the users convenience only and the user access thereto is at the users own risk. When visiting linked sites the user must refer to that linked site's individual terms of use and cannot rely on the terms of this agreement.
2. SUBMISSIONS OF DATA FOR LISTING
Any submissions shall be deemed to be and remain the exclusive property of the ewasa.org The various listings, which are found on the ewasa.org site, shall be deemed to remain the exclusive property of the ewasa.org The ewasa.org site has the right, but not the obligation to monitor and review submissions by users for listings on the ewasa.org directory. ewasa.org shall not be responsible for any content of these listings. ewasa.org further reserves the right to reject submissions that the ewasa.org site, in its exclusive discretion, deems abusive, defamatory, obscene or in violation of any Copyright or Trademark laws or otherwise objectionable.
3. RULES OF CONDUCT FOR THE USER
“The user with the inclusion of but not the limitation of, agrees that they will not transmit submissions to the ewasa.org site that; “Use any of the information for illegal purposes; “Are for purpose of spamming; “Restrict or inhibit any other user from using and enjoying the site; " Are unlawful, threatening, abusive, defamatory, obscene, vulgar, profane, pornographic and/or allow for indecent information that constitutes a criminal offence and/or gives rise to a civil liability claim or otherwise violates any local, national or international law; “Violate the Copyright, Trademark or other Intellectual property rights of any other person by the submission of content to the ewasa.org site through the electronic form mailers or other avenue, which allow for such submissions. The user by the transmission of content in any manner whatsoever, represents to the ewasa.org site that they are the rightful owner of such content transmitted or that the user has obtained permission from the rightful owners to submit such content transmitted; “Contains viruses or other harmful content. The user agrees that all submissions and information become the exclusive property of the ewasa.org site. The user agrees that they shall be solely liable for any damage resulting from any infringement of Copyrights, Trademarks and other propriety rights or any other damages resulting from such a submission or data. The user further indemnifies and holds the ewasa.org site harmless against all claims for any damages whatsoever arising from the use of the ewasa.org site.
4. DAMAGES, WARRANTY, INDEMNITY
“The user expressly agrees that the use of the ewasa.org site is at the user's sole risk. The ewasa.org site does not guarantee or warranty; “that the ewasa.org site will be uninterrupted; “that the ewasa.org site will be default free and that the defects will be corrected; “that the results may be obtained for the use or application from information gained from the ewasa.org site in so far as accuracy and content of any such information is concerned; “that the servers that make the content available are free from viruses and other harmful content; “any merchandise provided through the ewasa.org site. This site is provided "AS IS" and on an "IS AVAILABLE" basis, without any representation or endorsement made and without warranty of any kind whether expressed or implied, including but not limited to warranties of satisfactory quality, non-infringement, title, security and compatibility. The user acknowledges and confirms the ewasa.org indemnity to, including but not limited to, indirect, direct, incidental, special, consequential or punitive damages or any damages arising from the use of or inability to use the ewasa.org site. The user acknowledges that the provisions of this paragraph shall apply to all the contents of the ewasa.org site. The disclaimer of liability applies to damages or injury, including but not limited to, indirect, direct, incidental, special, consequential or punitive damages or any damages whatsoever arising from use or loss of data or of profits, whether in breach of contract, tortuous action, negligence, or under any other cause of action. If any of the terms and conditions of this agreement should be deemed to be unlawful, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms and conditions are intended to be effective than to the extent only and within the jurisdiction in which that term and condition is illegal, invalid or unenforceable, it shall be severed and deleted from this agreement and the remaining terms and conditions shall survive, remain in full force and effect and continue to be binding and enforceable.
5. GENERAL
This agreement, the terms, conditions and operating rules for the ewasa.org site, constitutes the entire agreement between the parties with respect to the subject matter hereof. The agreement and the terms and conditions shall be governed and construed in accordance with the laws of the Republic of South Africa. Any dispute arising here shall be exclusively subject to the jurisdiction of the courts and/or Tribunals of the Republic of South Africa. The section headings used herein are for convenience only and shall be of no legal consequence. The ewasa.org site might at any time revise these terms and conditions by updating the positions. The user is bound by such revisions and should therefore periodically visit this agreement to review the then current terms and conditions to which the user is bound. The ewasa.org site shall have the exclusive right to at any time change or discontinue any aspect or feature of the ewasa.org site.
7. AGREEMENTS TO AND TERMINATION OF AGREEMENT
The use of or access to this site constitutes the users acceptance of terms and conditions hereof, which are binding on the user and take effect on a date, which the user first makes use of, or access to the ewasa.org site. If the user does not accept all the terms and conditions in full, the user must exit the site immediately. ewasa.org has the exclusive discretion to terminate the agreement at any time. After the user has exited the site as aforesaid the user must destroy all content, whether materials or software, obtained from the site and all copies thereof. In the event of the user failing to exit the site as aforesaid, ewasa.org has the right to claim any indirect, direct, incidental, special or punitive damages caused to ewasa.org for the users unauthorized access and/or use of the ewasa.org site. The user further indemnifies ewasa.org against any claims for damages of whatsoever nature caused to another party by the users unauthorized use and/or access of the site.
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