Please pay special attention to the clauses in bold as they may (a) limit the liability of the Foundation or a third party; (b) create risk or liability for You; (c) require You to release the Foundation or a third party from liability; (d) require You to acknowledge a fact.
WEBSITE TERMS AND CONDITIONS
The Allan Gray Orbis Foundation [Allan Gray Orbis Foundation Trust IT745/2006] (“We“, “Us“, “Our“, “the Foundation “) provides the information on this website (“Website“) subject to the terms set out herein and as may be referenced herein (collectively, the “Terms“). We may modify the Terms (“Amended Terms“). Amended Terms will be made available via the Website. By using the Website, You agree to the Terms. Each time You use the Website You agree to be bound by the Terms or the Amended Terms, as the case may be
- Content You Provide
- Communications That Originate from You
We may assume that all electronic communications which reasonably appear to originate from You or a person You have told Us is authorised to act on Your behalf are in fact from You and the form in which We receive the communication is the same as when it was first dispatched.
- To Protect the Integrity of The Website
- You may not:
- use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Website without Our express written consent;
- use or attempt to use any engine, software, tool, agent, or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Website other than the search engines and search agents available through the Website and other than generally available third party web browsers;
- post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of the Website;
- attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Website;
- use the Website in a manner that would bring Us into disrepute;
- access the Website for unlawful purposes or use the Website in a manner which infringes Our rights or the rights of any other person or restricts or inhibits the use of or enjoyment of Our computer systems by any other person;
- post or transfer any material to the Website that is unlawful or violates any third party’s rights or which is obscene, misleading, inaccurate, defamatory, illegal, in breach of any copyright or other intellectual property right, or damaging to data, software or the performance of Our or any other parties’ computer system.
- You may not:
- Registration To Submit Applications.
Before being able to submit an application via the Website, You must register as a user of the Website. To register, you must provide the information requested and select a unique username and password.
- Personal Information And Security
- Intellectual Property
- We own or are licensed to use all intellectual property rights in and to all materials, text, content, videos’, photographs, drawings and data (collectively, the “Materials“) made available on the Website. You may not reproduce, distribute, create a derivative, sell, broadcast or in any other way exploit of the whole or any part of the Materials.
- The Website and the Materials may not be reproduced, duplicated or copied or otherwise exploited for any purpose without Our express prior written consent.
- We own or are licensed to use the trademarks, names, logos and service marks (collectively, the “Trademarks“) displayed on the Website, whether registered or unregistered. You must obtain Our prior written permission should You want to use any of the Trademarks.
- The Website is provided “as is”. Subject to the Consumer Protection Act. No. 68 of 2008 as read with any of its regulations. We give no warranties, representations, statements or guarantees (whether express, implied in law or residual) with regard to the Website
- You warrant that you are legally entitled to access the Website and you have legal capacity to be bound by the Terms
- Limited Liability
Subject to the CPA, we are not liable for any loss, liability, damage or expense (other than arising from Our fraudulent actions or gross negligence) of any nature which may be caused by or attributable, directly or indirectly, to (a) the Website including Use of or reliance on any information offered on or via the Website; (b) your acts or omissions; (c) any error or omission in respect of information submitted to us.
- External Links
External links may be provided for Your convenience. We make no representation as to their content and use of any external links is at Your own risk. When visiting external links, You must refer to their website’s terms and conditions.
Should either of us (“Defaulting Party“) breach the Terms and fail to remedy such breach within fourteen days of receiving written notice from the other party (“Aggrieved Party“), the Aggrieved Party may, without prejudice to its other rights in law, terminate the Terms or claim immediate specific performance of all of the Defaulting Party’s obligations, whether or not due for performance.
If there is any conflict between the Terms and the CPA, the CPA will apply. These Terms are the sole record of the agreement between you and us in relation to the subject matter hereof. Neither of us are bound by any express, tacit or implied representation or warranty not recorded in these Terms. If either one of us gives the other an indulgence or extension of time, doing so will not waive or limit any of our rights, unless we expressly agree in writing to waive or limit them
- Address For Legal Notices
- You agree to accept any notice or legal process relating to the Terms at the email address provided during the registration process.
- You must send any notice or legal process relating to the Terms to [firstname.lastname@example.org].
- Either of Us can change our physical address to any other physical address in South Africa, our telephone number and facsimile number and must give the other party written notice of the change.
- The Law That Applies To The Terms
All matters arising from or in connection with the Terms including its interpretation, validity, existence or termination for any reason shall be determined in accordance with the laws of the Republic of South Africa without giving effect to any principles of conflict of law.
- Your Queries And Complaints
Please email any queries or complaints to [email@example.com].
- Proof of Date of Publication and Version of Terms
A certificate signed by our Website Administrator will, unless the contrary is proven, be sufficient evidence of the date of publication and the content of the Terms and the content of earlier versions of the Terms and the date and content of any communication and notifications sent in terms of the Terms.