Terms and Conditions
TERMS AND CONDITIONS FOR USE OF THE MASTERS MEDIA AFRICA (PTY) LTD. AND MASTERS & SAVANT COMMUNICATIONS (PTY) LTD TRADING AS MASTERS & SAVANT WORLDWIDE WEBSITE
1. This website, which is accessible at http://www.mastersandsavant.com/, is made available by Masters Media Africa (Pty) Ltd and Masters & Savant Communications (Pty) Ltd trading as Masters & Savant Worldwide registration number: 2005/031316/07 (“Masters & Savant “) .
3. In the Terms and Conditions: “We / us / our means Masters & Savant ;” Website” means the website located at www.mastersandsavant.com (or any subsequent URL which may replace it) and all associated websites and micro sites of Masters & Savant ; “You / Your” means you as a user of the Website; and “User / Users” means any user or users of the Website other than You.
4. In addition to the Terms and Conditions, You acknowledge that we may, at any time, amend or impose additional Terms and Conditions relating to any service, product, content, facilities or functionality which is made available by Masters & Savant, its affiliates, subsidiaries, holding companies, partners, employees, servants or agents, by way of this Website.
5. We may alter the Terms and Conditions from time to time, and Your use of the Website (or any part of) following such change shall be deemed to be Your acceptance of such change. It is Your responsibility to check regularly to determine whether the Conditions have been changed. If You do not agree to any change to the Terms and Conditions then You must immediately stop using the Website.
6. You are permitted to print a copy of the Terms and Conditions. If you have any queries relating to the Terms and Conditions, please contact us on firstname.lastname@example.org.
Your behaviour when using this website
7. You shall not use the Website for any illegal purposes, and You will use it in compliance with all applicable laws and regulations.
8. You agree not to use the Website in a way that may cause the Website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is in any way impaired.
9. You agree not to attempt any unauthorised access to any part or component of the Website.
10. You agree that in the event that You have any right, claim or action against any Users arising out of that User’s use of the Website, then You will pursue such right, claim or action independently of and without recourse to us.
11. We have the right, but not the obligation, to monitor any activity and content associated with the Website. We may investigate any reported violation of these Terms and Conditions or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to Your access and/or removing any materials from the Website).
Exclusion of liability and indemnity
12. Master & Savant, its affiliates, subsidiaries, employees, servants or agents shall in no way be liable for any direct, indirect, incidental, special or consequential loss or damages which might arise from Your use of, or reliance upon, any material or content contained in this Website or any linked web sites, even if Masters & Savant has been advised of the possibility of such loss, expense, claim or damage. You hereby indemnify Masters & Savant, its affiliates, subsidiaries, employees, servants or agents against any loss, claim or damage which may be suffered by them or any third party arising in any way from Your use of this Website.
13. We will not be liable, in contract, delict (including, without limitation, negligence), pre-contract or other representations (other than fraudulent misrepresentations) or otherwise out of or in connection with the Website or products or services offered on the Website whether by us or on our behalf (including free software downloads) for any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings) or any loss of goodwill or reputation, or any loss or corruption of data, or any special or indirect or consequential losses in any case whether or not such losses were within the contemplation of You or us at the date on which the event giving rise to the loss occurred.
14. We will not be liable in contract, delict or otherwise if You incur loss or damage connecting to the Website through a third party’s hypertext link.
15. Without derogating from the generality of the above, to the extent that we are held liable for any claims, loss or damages, in no event will Masters & Savant’s total liability exceed R100.00 (one hundred rand).
16. We reserve the right to modify or withdraw, temporarily or permanently, the Website (or any part of) with or without notice to You and You confirm that we shall not be liable to You or any third party for any modification to or withdrawal of the Website.
Information on this website
17. The information displayed on this Website is for information purposes only, and does not constitute advice or a recommendation of any nature. You must not enter into any transactions or make decisions of any nature, based wholly or partly on any information contained in or displayed on this Website or on any web site to which this Website may provide a link.
18. We are not responsible for the availability of any external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of any third party web sites, including (without limitation) any advertising, products or other materials or services on or available from such web sites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.
19. Any information on this Website may be changed by us without notice.
20. You will not be eligible for any compensation because You cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website.
21. Any views or statements expressed on this Website are not necessarily the views of Masters & Savant or its affiliates, subsidiaries, holding companies, partners, employees, servants or agents.
22. The contents of this Website including (without limitation) any software, icons, text, links, graphics, images, sound clips, trade names, logos, trade marks and service marks are protected by law, including but not limited to copyright, patent and trade mark law, and are the property of Masters & Savant. Any unauthorised use of the contents, information or materials on this Website is prohibited.
23. You acknowledge and agree that the material and content contained within the Website is made available for Your personal non-commercial use only and that You may download such material and content onto only one computer hard drive for such purpose, unless You are using the material and content to promote Masters & Savant. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
24. You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us.
25. We make no warranties, whether express or implied in relation to the accuracy of any information we place on the Website. The Website is provided on an “as is” and “as available” basis without any representation or endorsement.
26. Unless specified in separate terms and conditions related to a particular product or service, we make no warranty that the Website or products or services offered on the Website whether by us or on our behalf (including free software downloads) will meet Your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the Website or the server that makes it available or products or services offered on the Website whether by us or on our behalf (including free software downloads) are free of viruses or bugs or are fully functional, accurate, or reliable.
27. We will not be responsible or liable to You for any loss of content or material as a result of uploading to or downloading from the Website.
Variation of certain deeming provisions in the Electronic Communications and Transactions Act 25 of 2002 (“the ECT Act”)
28. By using this Website, You agree that these Terms and Conditions create a binding agreement between You and Masters & Savant, even though these Terms and Conditions are wholly or partly in the form of a data message. You agree specifically that:
28.1.1 the agreement will be treated as if it was concluded at Masters & Savant’s physical address on the date on which You first made any use of this Website;
28.1.2 an electronic signature is not required by You or Masters & Savant for purposes of agreeing to these Terms and Conditions;
28.1.3 your use of this Website or the Website Content is sufficient evidence of Your agreement to these Terms and Conditions;
28.1.4 any data message sent by either You or Masters & Savant to the other will be deemed to have been sent from Masters & Savant’s physical address if neither Your usual place of business nor residence is located within the Republic of South Africa;
28.1.5 any communication sent to You by an information system programmed to operate automatically on Masters & Savant behalf will be a data message attributable to, or authorised by Masters & Savant; and
28.1.6 subject to the further provisions of these Terms and Conditions, a data message sent by You to Masters & Savant will only be treated as having been received by us when an acknowledgement of receipt is sent by us personally or by a person who has authority to act on Masters & Savant’s behalf in respect of that data message.
29. You acknowledge that we cannot guarantee and therefore shall not be in any way responsible for the security or privacy of the Website and any information provided to or taken from the website by You.
30. Notwithstanding any other provision in the Terms and Conditions, nothing shall limit Your rights as a consumer under South African law where or insofar as such rights cannot be derogated from by contract.
31. If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.
32. Nothing shall be construed as a waiver by us of any preceding or succeeding breach of any provision.
33. The Terms and Conditions and documents referred to herein (as amended from time to time) contain the entire agreement between You and us relating to the subject matter covered and supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between You and us in relation to such matters.
34. No oral explanation or oral information given by either of us shall alter the interpretation of these Terms and Conditions. You confirm that, in agreeing to accept these Terms and Conditions, You have not relied on any representation save insofar as the same has expressly been made a representation in these Terms and Conditions and You agree that You shall have no remedy in respect of any misrepresentation which has not become a term of these Terms and Conditions save that Your agreement contained in this Clause shall not apply in respect of any fraudulent misrepresentation whether or not such has become a term of these Terms and Conditions.
Governing law and legal proceedings
35. These Terms and Conditions will be governed exclusively by and construed in accordance with the laws of South Africa, and You agree that the High Court (South Gauteng Division) will have exclusive jurisdiction in any dispute, save that we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions.
Contact details and Address
36. You may send us notices under or in connection with these Terms Conditions by post to 26 Susman Avenue, Blairgowrie, Johannesburg, South Africa, by telephone to +27 11 781 0343 or by email to email@example.com. As proof of sending does not guarantee our receipt of Your notice, You must ensure that You have received an acknowledgement from us, which should be retained by You.
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