CONDITIONS OF USE OF THE AFRICAM.COM WEBSITE
1. Your use of the websites situated at the domain name Africam.com and Africam.co.za (“the websites”) and owned/administered by CLP Investments No 22 Pty (Ltd) trading as Africam (“the owner”) is strictly in terms of these conditions. By accessing and using these websites you agree to be bound by the conditions of use contained in this policy. If you do not wish to be bound by the conditions use in this policy you may not proceed to make use of the websites in any manner or form.
2. The owner may amend these conditions of use from time to time without prior notice to you. Such changes will be posted on the website at this location and shall be effective immediately thereafter. Your continued use of the website after the posting of such changes will constitute your agreement to be bound by the amended conditions of use.
3. You agree to act responsibly when using the websites.
4. Your use of the websites shall not be for any purpose that may be illegal in South Africa or within the jurisdiction from which you are accessing the websites.
5. You may not introduce viruses or anything of a nature that may damage the websites or the systems on which it runs, or place unreasonable burdens on the websites or its systems, or interfere with the websites or its systems or attempt to gain access to any restricted areas of the websites.
COLLECTION OF DATA
6. You may not collect any information of any kind about users of the websites or the owner without their prior consent.
(C) LIMITATION OF LIABILITY AND WARRANTIES
7. The websites, its performance, and all the information contained herein or accessed from the websites, is provided to you on an “as is basis” as well as “best effort basis” , without warranties of any kind.
8. Without affecting the generality of the above, subject to the Provisions of the Electronic Communications and Transactions Act, 2003 (“the ECT Act”), the owner, its partners, officers, directors, employees, agents, affiliates and subsidiaries do not make any warranty or representation as to the accuracy, completeness or legality of the websites or its contents and accordingly assume no liability in regard thereto, and you indemnify them from all liability arising from your use of the website with regards to any claim or loss, inclusive of legal fees.
9. Without affecting the generality of the above, although the owner takes all reasonable steps to ensure that the websites are virus free, it cannot guarantee or warrant that it is virus free when it is downloaded by you. The owner does not accept liability for any damages of any kind that may be suffered by you as a result of your use of the websites affecting the integrity of your system or that of any third party due to viruses or for any other reason.
(D) INTELLECTUAL PROPERTY RIGHTS
10. The websites and its contents are subject to intellectual property rights that are owned by the owner and/or third parties. You must exercise respect for such intellectual property rights when using the websites. The website’s contents may be used for personal and/or non-commercial purposes only.
11. You may not adapt the content of the websites or create derivative works there from, nor may you distribute or publish any such content by whatever means including, but not limited to, the performance, broadcast, sale, leasing or reproduction thereof.
12. You may not link to or frame the content of the websites from the home page, unless having obtained prior written permission from the owner to do so.
13. The websites contains the trademarks of the owner and/or third parties. You are not entitled to make use of any of the trademarks, logos or service marks, other than for personal use whilst visiting the websites. The use of trademarks on these websites as meta tags on other websites is prohibited.
14. Although the owner does not always monitor your use of the websites, it reserves the right to do so, and by your use of the websites you consent to such monitoring.
(F) APPLICABLE LAW
15. You agree that all matters governing your use of the websites shall be governed by South African law. You also agree that all claims arising out of the use of the websites will be heard in South Africa and you consent to the jurisdiction of the South African courts.
16. If you have accessed these websites from outside of South Africa it is your responsibility to ensure that you comply with the relevant laws of your jurisdiction and you warrant that you are familiar with such laws.
17. Every effort is made to ensure the confidentiality of any information provided by you. However, the transmission of data over the Internet may not be secure and the owner does not accept any liability whatsoever for any invasion of privacy suffered by you as a result of any transmissions over the Internet.
18. Any dispute of whatsoever nature arising out of your use or contribution to the websites shall be resolved by way of arbitration in South Africa according to the rules of the Arbitration Foundation of South Africa. The arbitrator shall be chosen by the Arbitration Foundation of South Africa and the arbitrator’s decision shall be final and binding on both parties.
(I) THIRD PARTY CONTENT
THIRD PARTY CONTENT GENERALLY
19. The owner does not endorse third party content or the information, goods or services provided by such persons on the websites. The owner makes no warranties with regard to your use of such information, goods or services and assumes no liability in regard thereto.
20. The owner does not endorse any information, goods or services that may be contained on another websites to which a link is provided.
21. The owner does not always monitor the websites in relation to the content of any postings, although it reserves the right to do so, and does not assume any liability for such monitoring. However, should you contravene any of the conditions of use the owner may, in its discretion take down any matter placed on the websites by you, whether a contravention of the conditions of use has been proved or not.
22. You warrant that you will not place any statement or other matter on the websites that is defamatory, false, obscene, profane, inaccurate, pornographic, abusive threatening, harmful or offensive or that may be considered to be propaganda for war, or the incitement of violence or the advocacy of hatred based on race, ethnicity, gender or religion.
23. By contributing to the websites you grant the owner full intellectual property rights with respect to such contribution, including, but not limited to, the right to use, reproduce, distribute, publish, adapt, transfer or use commercially such contribution.
24. By using the websites you warrant that you are legally capable of entering into any contract that may be concluded on the websites. If you are a minor, you must obtain the permission of your legal guardian to use the websites in accordance with these conditions of use and you must obtain the assistance of your guardian when entering into any contract.
25. A detailed description of the goods/services offered on the websites and the full price of the goods/services (including transport costs and any other fees/costs) are displayed with the various goods/services on the websites.
26. VAT at the rate of 14% will be charged on items bought by customers resident in South Africa.
27. Payment can only be made through PayPal
28. PayPal automatically encrypts your confidential information in transit from your computer to PayPal using the Secure Sockets Layer protocol (SSL) with an encryption key length of 128-bits . For more information please go to www.paypal.com
29. The delivery time in respect of the items advertised on the websites are specified with such items on the websites.
30. Deliveries to destinations outside of South Africa will take up to 30 days
31. Although all reasonable steps are taken by the websites owner to ensure goods/services bought via the websites are delivered in good order, neither the websites owner, nor its agents or representatives will be liable for the loss of or damage to any goods/services that are sold on this websites.
32. Neither the websites owner nor its agents or representatives will be liable to you or a third party for loss damage or liability that may arise from the use or misuse of the goods/services that may be sold on the websites.
33. Due to this being an e-commerce site, you agree to:
provide accurate, complete and up to date information about yourself when required to register for an Africam Account; and
update the information provided by you should any such information be subject to change.
34. The websites owner reserves the right to close your account if there are reasonable grounds to believe that the information provided by you is not accurate, complete or up to date.
35. It is your responsibility to keep any password given to you as a result of your registration with the websites confidential and the websites owner does not accept liability for any unauthorised use of your password and you indemnify the owner in regards thereto. You agree that any use of the websites under your password will be attributed to you.
36. You are entitled to cancel without reason and without penalty any transaction and any related credit agreement for the supply of goods or services within seven days after the date of the receipt of the goods or services or within seven days after the date of the conclusion of the agreement. However you will be responsible for the cost of returning the goods or services. If payment for the goods or services has been effected you will be entitled to a full refund of such payment within 30 days of the date of cancellation. In terms of section 42 of the ECT Act, this clause does not relate to certain electronic transactions:
for financial services, including but not limited to, investment services, insurance and reinsurance operations, banking services and operations relating to dealings in securities;
by way of an auction;
for the supply of foodstuffs, beverages or other goods intended for everyday consumption supplied to the home, residence or workplace of the consumer;
for services which began with the consumer’s consent before the end of the seven-day period referred to in section 44 (1);
where the price for the supply of goods or services is dependent on fluctuations in the financial markets and which cannot be controlled by the supplier;
where the goods are made to the consumer’s specifications;
are clearly personalised;
by reason of their nature cannot be returned; or are likely to deteriorate or expire rapidly;
where audio or video recordings or computer software were unsealed by the consumer;
for the sale of newspapers, periodicals, magazines and books;
for the provision of gaming and lottery services; or
for the provision of accommodation, transport, catering or leisure services and where the supplier undertakes, when the transaction is concluded, to provide these services on a specific date or within a specific period.
Eligibility and Registration.
37. In order to access subscriptions, you will be required to create a FREE Africam account, then you will be able to add subscriptions onto your existing Africam account and become a subscription user.
38. Subscription Services
The following services are defined:-
Africam PRO characterised as follows:-
Advertising-Free Viewing: The Africam video player will not include any in-stream advertising units (as inserted by Africam) in the form of pre-rolls, mid-rolls, post-rolls, overlays, lower 1/3 banners being placed, inserted and/or streamed within the Africam Player. The Africam PRO subscription is the ability for you to view, play, and watch Africam content and programs without any video advertising either prior to, during or any time within the broadcast and stream of the Content.
Africam Account: You must be logged into your FREE Africam account in order to have access to the Africam PRO service, while streaming and viewing content on the Site. The Africam PRO service will not work unless you have a FREE Africam account, and you must remain logged into your Africam account, while streaming and viewing the Content.
Additional Services and Features: From time to time, Africam may offer additional services and features to the Africam PRO service, which will be subject to the same Terms.
Fees: The Africam PRO service will be $5.99 per month. The Africam PRO service can be purchased via a valid PayPal account, which you will provide at the time of the registration for the Africam PRO service. Billing occurs at the time you subscribe for the Africam PRO service or shortly thereafter.
Fair Use: The owner has a fair use policy which limits the Ads Free service to 300 accumulative hours per month. After the 300 hours the normal ad supported service will resume. Additionally the user is limited to to 2 (two) concurrent sessions per Africam PRO account
The Subscription Service fee will be billed to you monthly after your registration of the service and for every month thereafter on a continuous monthly basis until you cancel the Subscription Service via your PayPal Account.
All Subscription Service fees are non-refundable. You agree to pay the owners for all charges at the prices then in effect for use of the services by you or other persons (including your agents) using your Subscription Service account, and you hereby authorize the owners to collect fees by charging the PayPal account you provide to the owners as part of your Subscription Service account information or otherwise, either directly or indirectly.
The Subscription Service fee may include sales tax based on the bill-to address and the sales tax rate in effect at the time your transaction is completed. You will be responsible for, and will promptly pay, all taxes and duties of any kind (including but not limited to sales, use and withholding taxes) associated with your receipt or use of the Subscription Service.
40. Termination or Suspension of the Site or Premium Services & Modification of these Premium Terms:
The owner reserves the right in its sole discretion, at any time, to modify, discontinue or terminate the Subscription Service service or to modify or terminate these terms without advance notice.
Without limiting other remedies, the owner may at any time suspend or terminate your Subscription Service account and refuse to provide access to the websites or Subscription Service. The Websites and the Subscription Service are not available to temporarily or indefinitely suspended subscribers. In addition, the owner may notify authorities or take any actions it deems appropriate, without notice to you, if the owner suspects or determines, in its own discretion, that you may have or there is a significant risk that you have (i) failed to comply with any provision of these terms or any policies or rules established by the owner; or (ii) engaged in actions relating to or in the course of using the websites or Subscription Service that may be illegal or cause liability, harm, embarrassment, harassment, abuse or disruption for you, subscribers, the owner or any other third parties or the Websites or Subscription Service
You may terminate your Subscription Service account at any time and for any reason, and you will still have access to your FREE Africam account after you terminate your Subscription Service. In the event you terminate your Subscription Service account in the middle of the billing cycle, the owner will not refund a prorated or partial payment of the fee, and you will continue to receive the Subscription Service until the end of your monthly billing cycle, where the Subscription Service shall terminate at such time. Your FREE Africam account will revert back to its benefits and settings until you terminate your Africam account. By terminating your Subscription Service account, the owner will cease from billing the Subscription Service fee in the next monthly billing cycle. If you have an outstanding account balance at the time of cancellation, the owner reserves the right to continue billing until this account balance has been paid.
If a Subscription Service is cancelled, postponed, interrupted, significantly changed, and/or contains a failure or error as determined by the owner, no refund (full or partial) for the Subscription Service will be issued to you from the owner. The owner will at all times to the best of its abilities deliver the Subscription Service but due to many external factors out of the control of the owners no refunds will be given.
(L) DETAILS OF websites OWNER
41. The websites owner’s details are as follows:
P Penzhorn on behalf of CLP Investments No22 (PTY) LTD, Unit A5, Admin Building
The Old Castle Brewery
6 Beach Road
CLP Investments Pty (Ltd)
Trading as Africam.com
Unit A5, Admin Building
The Old Castle Brewery
6 Beach Road
Copyright © Lisa Thornton Inc 2003. All rights reserved.