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General Terms and Conditions of Use

www.silindilenbuthelezi.com is a personal webpage written, managed, maintained, and owned by Silindile Nomfihlakalo Buthelezi (hereinafter referred to as the ‘Owner’). Access to and use of www.silindilenbuthelezi.com (hereinafter referred to as the ‘Website’) is regulated by these General Terms and Conditions of Use. Please read these General Terms and Conditions of Use before using this Website. Access to this Website and its use presuppose the reading, awareness and acceptance of these General Terms and Conditions of Use. If you are under 18 years old, you must ask your parent or guardian to read these General Terms and Conditions of Use on your behalf. This agreement regulates your use of this Website – www.silindilenbuthelezi.com . By accessing and using the Website, you agree to be bound by the terms and conditions of this agreement. If you do not agree to be bound by this agreement, you may not access, use, copy, display, download, post and/or otherwise distribute any content available on the Website.

Responsibility for Use of the Website

Access to and use of the Website, including viewing the webpages, communication with the Owner, the possibility of downloading information regarding the products of the same on the Website, constitute activities undertaken by the user exclusively for personal use unconnected to any commercial, business or professional activity. The user is personally responsible for his or her use of the Website and the relative contents. The Owner cannot be held responsible for any unlawful use of the Website and the contents by any of its users. In particular, the user will be exclusively responsible for communicating incorrect or false information and data, or data regarding third parties who have not given their express consent, or incorrect use of the same.

All material downloaded or otherwise obtained through use of the Website is at the user’s choice and risk; moreover all responsibility for any damage to computer systems or loss of data resulting from downloading fall to the user; the Owner will be indemnified. The Owner declines all responsibility for any damage arising from inaccessibility of the services on the Website or any damage caused by virus, damaged files, errors, omissions, service interruptions, cancellations of the contents, problems connected to the network, to the providers or telephonic and/or telematics connections, unauthorised access, alteration of data, loss and/or faulty functioning of the electronic equipment of the user himself or herself.

You, as the user of the Website, warrant that anything that you post to the Website will not contain any material: that contains any obscene, indecent or offensive language; that is false, defamatory, abusive, harassing or hateful; in respect of which another party holds the rights (without the necessary permission to do so); which is encrypted, constitutes junk mail or unauthorised advertising; that invades anyone’s privacy; that encourages conduct that would constitute a criminal offence or give rise to civil liability, or that otherwise violates any South African or international law or regulation. You agree to use the Website only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability. You agree not to attempt gain access to the Website’s server by any means whatsoever or to disrupt or interfere with the running of the Website, including its software, or other party’s use of the Website.

 

In relation to comments section and/or discussion forums, the following general principles apply in relation to material you provide. You shall not: post libellous or defamatory comments; post anything relating to any ongoing or pending trial; post content (text, photographs, graphics, video and sound recordings, etc) which you have copied from someone else (i.e. to which you do not own the copyright); use profanities; post a personal insult about another user; advertise or solicit; and impersonate another user.

It is not always possible for the Owner of the Website to review all material posted to the Website prior to it being made available on the Website. Should the Owner of the Website become aware that any content you post to the Website is not in accordance with the principles of this agreement, the Owner of the Website shall be entitled to remove such content immediately, in its sole discretion. If you are of the view that any content posted to the Website violates the principles of this agreement, please email legal@silindilenbuthelezi.com

The Owner of the Website accepts no liability for any content posted to the Website by a third party and you as the user shall remain responsible for the accuracy of any content you post to the Website. You acknowledge that you are aware that a breach of the warranties contained in this clause is likely to cause the Owner to suffer harm, both financial and otherwise. Accordingly, you hereby indemnify the Owner in respect of any liabilities, claims, demands, actions, costs on the attorney and own client scale, damages and loss arising from the reliance of content provided on the Website by you or from the non-availability of the Website for any reason whatsoever.

The user is responsible for the safeguarding and correct use of his or her personal information, including those credentials that allow access to the restricted services, as well as any damaging consequence or detriment that may arise due to the Owner or third parties following incorrect use of or loss or removal of said information.

Intellectual Property Rights

All images and content contained within the posts of this Website belong to Silindile N Buthelezi (as Owner) and are subject to copyright – unless explicitly stated otherwise. These images may not be manipulated, reproduced or downloaded in any way without prior written permission from the Owner.

The contents of the Website, for example all works, images, photos, dialogues, music, sounds and videos, documents, designs, figures, logos, and all other material, in any format, published on Website, including menus, webpages, graphics, colours, patterns, tools, characters and design of the Website, diagrams, layouts, methods, processes, functions and software that make up the Website are protected by South African and international copyright laws and by all other intellectual property rights of the Owner and other owners of the rights. All reproduction, in whole or in part, in any form, of the Website of its contents, without prior written permission by the Owner is forbidden. The Owner has exclusive right to authorise or forbid direct or indirect, temporary or permanent reproduction, in any way or form, in whole or in part, of the Website and its contents. Should you wish to request permission to use any of our content (text, photographs, graphics, video and sound recordings, etc), please email legal@silindilenbuthelezi.com

 

The Owner of the Website uses reasonable endeavours to ensure that the content on the Website is accurate and complete. Where some of the content contained on the Website is provided by third parties, the Owner of the Website is unable to check it for completeness or accuracy. In such instance, the Owner therefore provides such content “as is”, without any warranties whatsoever. The Owner shall therefore not be responsible, in any way whatsoever, for any liabilities, claims, demands, actions, costs, damages and loss arising from the reliance of content provided by third parties which is provided on the Website or from the non-availability of the Website for any reason whatsoever. In particular, the Owner shall not be liable for any consequential loss.

The Owner of the Website is not responsible for the republishing of the content found on this Website on other websites without the Owner’s permission. This privacy policy is subject to change without notice.

Modifications to the Terms and Conditions of Use

The Owner may change this agreement from time to time and reserves the right to do so. These changes will become effective from the date on which they are posted to the Website. Accordingly, it is your responsibility to check the Website from time to time to see whether the terms of this agreement have been changed. Your continued use of the Website will be deemed to be an acceptance by you of agreement to these amendments.

Other than the variation of this agreement by the Owner placing such amendment on the Website, as mentioned above, no addition to, variation of, novation, or agreed cancellation of this agreement shall be of any force or effect unless in writing.

No Waiver:  No relaxation or indulgence which either of us may grant to the other shall constitute a waiver of the rights of that party and shall not preclude that party from exercising any rights which may have arisen in the past or which might arise in the future.

Severability: Should any provision of this agreement be void for vagueness or for any other reason, then that provision of this agreement shall be capable of being severed from the remainder of this agreement, which shall remain of full force and effect.

Plain and Understandable Language: You confirm that the provisions of this agreement are in plain and understandable language and that you understand the provisions contained herein.

Applicable Law Governing This Agreement

The Website is operated, controlled and administered by the Owner who is a citizen and resident of the Republic of South Africa. If you are accessing the Website from outside of South Africa, it is your responsibility to ensure that you comply with the laws of your country. This agreement shall be governed and interpreted by the laws of the Republic of South Africa, and the High Court of South Africa shall have exclusive jurisdiction over any claim arising from or related to this Website.

 

This Constitutes The Whole Agreement

This agreement constitutes the sole record of the agreement between the Owner and user and supersedes all previous agreements. Neither the Owner or user shall be bound by any representation, express or implied term, warranty, promise or the like not recorded in this agreement.

Silindile N. Buthelezi