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CURVE CONCEPTS WEBSITE TERMS OF USE

PLEASE READ THE FOLLOWING TERMS OF USE BEFORE USING THE SITE. IF YOU DO NOT AGREE, PLEASE DO NOT USE THE SITE

The Terms of Use govern your use of www.curveconcepts.co.za and its related services (referred to herein as “the site” or “the service”), which is provided and operated by Curve Concepts (Pty) Ltd, South African company registration number 2005/003178/07 (referred to herein as “the owner”).

By using the www.curveconcepts.co.za site, you agree to follow and be bound by all terms, conditions and guidelines specified or referenced herein and agree to comply with all applicable laws and regulations. If you do not agree, please do not use the site.

These Terms of Use may be revised at any time without notice, so please periodically check for any changes.

Should you have any questions about the Terms of Use, please contact us.

You hereby acknowledge that you have read, understood and agreed to the Terms of Use, as well as the Privacy Policy.

SERVICE

The service consists of the www.curveconcepts.co.za World Wide Web site and related services, including email newsletters. The owner may discontinue, alter or add any aspect of any service provided at any time, without notice or liability. The owner reserves the right to terminate your access to all or part of the service or the site at any time, without notice or liability.

RULES OF CONDUCT

By using any of the services available to you on the site, including the quick quote, contact form, news, blogs, comments, forums, newsletters, data upload function or any other feature, you agree that you will not post, upload, distribute or facilitate distribution of any content  (including text, links, documents, software, images, audio or video files, data or other information) that:

  • constitutes infringement on any copyright, patent, trademark, trade secret or any other type of intellectual property owned by a third party;
  • is illegal, fraudulent, profane, defamatory, libellous, misleading, invasive, coercive, harassing, threatening or abusive in any way;
  • constitutes, contains or provides links to sexual, pornographic or explicit material, whether graphic, visual, audio or textual;
  • constitutes profanity, discrimination, victimisation, harassment, degradation or intimidation of an individual, group of individuals, or entity, on the basis of age, gender, race, ethnicity, religion, sexual orientation, disability or any other right provided by law;
  • constitutes, contains or provides links to unsolicited and unauthorised advertising, junk mail (or spam), including, but not limited to chain letters, pyramid schemes, multi-level marketing schemes, lottery, gambling, investment opportunities or any irrelevant or legally or ethically objectionable activity;
  • contains viruses or documents, links, programmes, hacks or code that are designed or intended to obtain unauthorised access to any information on the site, or to disrupt, damage or limit the functioning of the site, including, but not limited to, the software, hardware and equipment utilised to operate the site;
  • uses the site for illegal activity or to promote illegal activity;
  • impersonates any person or entity; or
  • contains links to email addresses, documents or sites containing or pertaining to any of the above.

Curve Concepts reserves the right to monitor, pre-screen, moderate, edit or remove content posted by users of the site, particularly, but not limited to, content that does not comply with this agreement or is illegal, harmful, irrelevant, inaccurate or otherwise objectionable.

Curve Concepts is not responsible for any failure or delay in removing such content and is not liable for any damages, direct or indirect, resulting from the existence or use of such content.

COPYRIGHT AND PERMISSIONS

The site is owned and operated by Curve Concepts (Pty) Ltd. All rights, title and interest in and to the materials provided on the site, including but not limited to information, documents, logos, graphics, sounds, and images are owned either by Curve Concepts (Pty) Ltd, or by their respective third party authors, developers, vendors or providers.

By using the site, you acknowledge that all content and materials contained herein are protected by intellectual property laws, including but not limited to, copyright, trademarks, service marks, patents, trade secrets or other relevant right and laws; and you agree to abide by the said governing regulations.

Except as otherwise expressly permitted by the owner, you agree that none of the content or materials on the site may be copied, reproduced, sold, licensed, rented, distributed, transmitted, posted, downloaded, uploaded, publicly displayed, published, adapted, edited or modified in any way.

You agree that the use of the site for the retrieval of content or material to directly or indirectly create a collection, compilation, database or directory is strictly prohibited, as is the collection of information for the purposes of unsolicited communications or bulk e-mail. Use of the content or materials for any purpose not permitted in these Terms of Use is also prohibited.

Notwithstanding the above, the owner grants you permission to use, view, download, copy and print the images and content on this site on any single, stand-alone computer for the purposes of purchasing decision-making only, subject to copyright and any other proprietary notices.

This permission terminates automatically without notice upon breach of any of the terms and conditions contained herein, whereupon you will immediately destroy the downloaded or printed content or materials.

Should you believe that your intellectual property rights have been violated or infringed upon, please notify us (link) and provide as much information as possible, including:

  • the location of the original work (link or name of publication, for example);
  • a description and  the location of the work that you claim is being infringed upon;
  • a statement that that you are the copyright owner or authorised user thereof, and that you believe the infringing work is not authorised to use such copyright; and
  • your contact details.

By posting, uploading or submitting content or materials to this site, you:

  • grant the owner, its affiliates and licensees the right to use, display, reproduce, adapt, modify, distribute and promote the content or materials, on a unrestricted basis and for any purpose;
  • agree and warrant that you own, possess permission to use, or otherwise control all intellectual property rights of the content, and that public posting and use of the content or materials will not infringe upon or violate the rights of any third party;
  • acknowledge that you are responsible for your submissions, including their legality, reliability, appropriateness, originality and content;
  • agree that your submissions adhere to rules of conduct as specified above; and
  • agree that, by providing unsolicited submissions, you assign the owner all worldwide intellectual property rights at no charge.

Nothing on the site shall be construed to confer any licence or transfer of intellectual property rights. The owner does not sell, licence, lease or otherwise provide any of the materials or content on the site, except in certain limited circumstances. Please contact us in writing if you have any questions.

Any unauthorised use of any content or materials contained on this site may constitute a violation of intellectual property, privacy, publicity and/or communications laws.

Any rights not expressly granted herein are reserved by the owner.

THIRD PARTY SITES

This site may contain links to documents and other sites controlled by parties other than the owner (“third party sites”). The owners, affiliates or licensees are not responsible for and do not endorse or accept responsibility for the content, legality, availability or use of any third party sites. This site is providing links for the purposes of information or convenience only, and you acknowledge that you bear all risks associated with access to and use of content or materials provided on third party sites. You agree that the owners are not responsible for any loss or damages of any sort that you may incur by dealing with a third party. Any concerns or problems with third party sites should be directed to their respective owners or administrators.

USE OF THE QUICK QUOTE FACILITY

Users, resellers and visitors are strictly prohibited from:

  • sending email in violation of anti-spam legislation and accepted industry standards and protocol;
  • imitating or impersonating another person or entity;
  • creating false accounts for the purposes of misrepresentation or spam;
  • uploading, sending or otherwise distributing any unlawful or objectionable content as explained in the Rules of Conduct herein;
  • intentionally distributing viruses, worms, corrupted files, hoaxes or any other items of a destructive or deceptive nature, as explained in the Rules of Conduct herein;
  • conducting, promoting or offering pyramid schemes, multi-level marketing, investment opportunities, hoaxes or any legally or ethically objectionable activities as explained in the Rules of Conduct;
  • uploading or disseminating third party intellectual property or proprietary information without permission;
  • engaging in, soliciting or promoting illegal, objectionable or irrelevant activity; and
  • otherwise interfering with the functionality of the site and the owner’s business activities.

RIGHTS AND RESPONSIBILITIES OF CURVE CONCEPTS

The site and its owner disclaim all liability for the accuracy, legality, reliability or security of all content posted by external users of the site.

Some of the content posted on the site, particularly the comments feature, is not moderated and users are advised that they utilise it at their own risk. Curve Concepts has, at its discretion, the right to edit, remove, re-categorise, or otherwise alter any content that is deemed inappropriate or irrelevant, including but not limited to, content that is illegal, offensive or self-promotional.

Curve Concepts will take all reasonable steps to ensure that the service and system is secure, but cannot make an absolute guarantee of security. Should Curve Concepts find that any files or activity of a member pose a security threat, or that an account is being used by someone other than the account holder, it reserves the right to delete, remove, suspend or block those files or activities, including the IP address from which the offending content originates.

Should you believe that the security of the system has been breached, please contact us.

The site and its owner reserve the right to refuse service and to cancel an account at any time, without notice or liability.

RIGHTS AND RESPONSBILITIES OF USERS, RESELLERS, BLOGGERS AND OTHER CONTRIBUTORS

Any person or entity posting or transmitting any content or materials on the site is legally and ethically responsible for the items being uploaded or disseminated. The person or entity is responsible for honouring the rights of others and adhering to the laws and regulations of the country, including but not limited to intellectual property rights, privacy rights and the right not to be a victim of libel or slander.

The author or creator of any content or materials posted to the site retains the copyright to those works, but transfers to Curve Concepts the right to display, back up and use for promotional or informational purposes, including but not limited to, email newsletters. Any work provided as “exclusive” to Curve Concepts may not be published elsewhere without written permission.

The author or creator of any content has the right to remove or request removal of any of their posted content at any time.

The use of your Curve Concepts log-in for any activity defined as illegal under South African law is a violation of these Terms of Use and you must cease to use the site immediately.

You are required to provide your real first and last name when signing up as a user/reseller and anonymous, pseudonym or fraudulent accounts will be removed. No user information is available for public viewing. Comments to articles may be posted using your real name or a pseudonym.

Curve Concepts does not take responsibility for the behaviour of any user. Should you have a complaint about the behaviour or posted content of another user, you are required to attempt to resolve the conflict by contacting the person or entity directly. However, should the need arise, Curve Concepts will be available to moderate or intervene should the dispute not be resolved through direct contact. The decision to intervene rests with Curve Concepts and any decisions made from moderation or intervention will be final and absolute.

You agree to help protect the security of the system and of your account by safeguarding your login details, including your username and password. If you feel that your account has been used without authorisation or compromised in any way, please contact us as soon as possible.

DISCLAIMER OF WARRANTIES

THE SITE AND ALL CONTENT, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES HEREIN ARE PROVIDED FOR USE ON AN “AS IS” AND “AS AVAILABLE” BASIS.

TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE SITE AND ITS OWNER DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.

THE SITE AND ITS OWNER MAKE NO WARRANTIES THAT THE SITE AND ITS CONTENT WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, THAT THEY WILL BE AVAILABLE AT A PARTICULAR TIME OR LOCATION, THAT THE SITE AND CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, THAT ANY PRODUCTS OR SERVICES OFFERED THROUGH THE SITE WILL BE OF A PARTICULAR STANDARD, THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT, OR THAT ANY ERRORS OR DEFECTS WILL BE CORRECTED. THE SITE AND ITS OWNER SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM THE USE OR DOWNLOAD OF THE SITE OR ITS CONTENT.

USE OF THE SITE IS ENTIRELY AT YOUR OWN DISCRETION AND RISK. THESE EXCLUSIONS DO NOT APPLY IN JURISDICTIONS THAT DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES.

LIMITATION OF LIABILITY

IN NO EVENT OR CIRCUMSTANCE SHALL THE SITE AND ITS OWNER, DIRECTORS, SHAREHOLDERS, SUBSIDIARIES, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM, OR IN CONNECTION TO THE USE, OR INABILITY TO USE, THE SITE. THIS INCLUDES, BUT IS NOT LIMITED TO, LOSS OF BUSINESS, REVENUE, PROFITS, DATA OR OTHER ECONOMIC ADVANTAGE.

THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS ON A CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASES, EVEN IF THE SITE AND ITS OWNER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

IF USE OF THE SITE OR ANY OF ITS CONTENT RESULTS IN THE NEED TO SERVICE, REPAIR, RECOVER OR CORRECT ANY EQUIPMENT OR DATA, YOU SHALL ASSUMS THE COSTS THEREOF.

IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, THE LIABILITY OF THE SITE AND ITS OWNER IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMISSIBLE BY LAW.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless the site, its owner, directors, shareholders, subsidiaries, employees, agents and affiliated companies from all claims, liabilities and expenses, including legal costs, arising from or connected to your use or misuse of the site and any of its content or materials.

PROTECTION OF MINORS

Minors (children under the age of 18) are not eligible to use the site and we ask that minors do not use the site. Accounts found to belong to minors will be deleted without notice. Users are not allowed to knowingly solicit or collect personal information from a minor, including, but not limited to, name, address, contact details or name of school.

JURISDICTION

By using the site, you agree that your rights and obligations, and the conditions contained in these Terms of Use, shall be governed and interpreted in accordance with the laws of South Africa. All parties submit to the exclusive jurisdiction of the South African courts and you agree that any claim or action arising from or related to the Terms of Use for this site shall be filed only in the courts of South Africa. Use of the site is prohibited in any jurisdiction that does not give effect to all provisions of these Terms of Use.

INTERNATIONAL USE

Although the site is an online system that is generally accessible from around the world, the site and its owner make no representation that any content or materials available on the site are appropriate or available for use from anywhere outside of South Africa. Accessing the site from jurisdictions where its content is illegal is prohibited. Those who choose to access the site from locations outside of South Africa do so at their own discretion and risk and are responsible for compliance with their local legislation.

WHOLE AGREEMENT

Unless otherwise specified herein, these Terms of Use constitute the entire agreement between the user and the site and its owner with respect to the site, excluding any software that may be subject to licensing agreements, and supersedes any prior or contemporaneous communications, whether written, electronic or oral. If any part of these Terms of Use is determined to be unenforceable or invalid, the unenforceable or invalid portion shall be deemed to be superseded by an enforceable, valid provision consistent with applicable law that most closely matches the intent of the original provision, and all remaining portions shall remain in full effect.

COPYRIGHTS AND TRADEMARKS

This site is designed using Joomla open source software and extensions under the GNU General Public License agreement. For more information, visit www.joomla.organd www.gnu.org. Some elements of the site may remain the copyright of the original authors or developers. All trademarks, product names and company names or logos cited herein are the property of their respective owners.

Unless otherwise specified, all site design, text, graphics and other content or materials herein are copyright © Curve Concepts (Pty) Ltd. All rights reserved.

GENERAL

You agree that no joint venture, partnership, employment, or agency relationship exists between you and the site and/or its owner as a result of this agreement or use of the site.

A printed version of this agreement and of any related notices issued in electronic format shall be admissible in administrative or judicial proceedings. You agree that any cause of action arising from or connected in any way to the site must commence within one (1) year of the cause of action arising, otherwise such action will not be considered.

The section titles in these Terms of Use are solely for reading convenience and have no legal or contractual significance.

Acceptance of the Terms of Use includes acknowledge, agreement and acceptance of the terms and conditions stipulated in all of the above, without exception.

Errors and omissions excluded.

Published: March 2013

Last updated: March 2013

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