Terms of Use

Part A: General Information and Terms

General Information

For your convenience, we have listed below some general information about ourselves:

“We” are SACarFan (sole proprietorship), and “us” and “our” have a corresponding meaning herein.

Our postal address is PO Box 269, Howard Place, 7450, South Africa

Our address of establishment is at 8 Avonduur Road, Pinelands, Cape Town, South Africa and we will accept service of all legal documents there;

Our e-mail address is info@sacarfan.co.za

Definitions

In these Terms of Use:

  • ‘Account’ means your subscription account for use of our services;
  • ‘Content’ means any information, data, text, software, music, sound, photographs, graphics, video, messages, and tags contained on this web site;
  • ‘Contributor Guidelines’ means our guidelines for making content contributions to this web site, which is set out here in Section D of these Terms and Conditions;
  • ‘ECT Act’ means the Electronic and Communications Act 25 of 2005;
  • ‘Privacy Policy’ means our privacy policy, which is set out here in Section C of these Terms and Conditions;
  • ‘Terms of Use’ means the terms and conditions set out herein;
  • ‘User’ means any User of this web site, including any advertiser, subscriber, blogger, member, contributor or other User of the services offered here;
  • ‘We’,’us’ and ’our’ means SACarFan (and, unless the context indicates otherwise, its owners, employees, suppliers, internet service providers, agents and affiliates);
  • ‘You’ means a User of this website;
  • The singular includes the plural and vice versa; and
  • Hyperlinks, which are not operational, will not in any way detract from the validity and interpretation of the Terms;

General Conditions of Use for this Web Site

You agree to use this site in accordance with these terms of use, and all laws, regulations and codes of conduct (including self-regulatory) applicable to you and your use of the Internet and the services provided to you on this site, including our Contributor Guidelines. In particular, you agree to use this site only for lawful purposes and in a manner which does not infringe the rights of, or restrict or inhibit the use of or enjoyment of this site by any third party. Furthermore you agree not to use the site in a manner that would bring us, our business and/or any of our affiliates into disrepute.

Please be aware that the Content on this web site, including without limitation, as may be found in the articles and comment sections of the web site, does not amount to professional advice or diagnosis of any kind and we recommend Users seek their own advice from a professional in their area. If you choose to rely on such content you do so entirely at your own risk and you accept that we will have no liability to you in this regard. We do not generally monitor, edit, control or filter the content posted by our Users. You acknowledge that content submitted to this web site by other Users do not necessarily represent our views and that we have not authorized nor endorsed such content. We do not endorse any events, products or services posted, promoted and/or listed by Users on our site and our display of such events, services or products should not be construed as any form of endorsement thereof. All arrangements regarding such events, products and services are to be made directly with the relevant User and are made at your own risk and we, our subsidiaries, officers and employees accept no liability regarding any event, service or product advertised, supplied or otherwise promoted on this site by any third party or any arrangements made in respect thereof, or otherwise incurred in connection with any such events, products or services.

You agree not to use our web site for any unlawful purpose, and, specifically, you agree not to post or transfer to our web site (nor include in any message sent to our web site) any material 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 agree to indemnify us in respect of any liabilities, losses, expenses, or other costs whatsoever incurred as a result of a breach of your obligation hereunder, including, but not limited to, any claims made against us by any third party.

We have to protect our business and secure our systems. Consequently, by subscribing to our web site you agree that we may intercept and monitor any communication that you may send to or receive via our web site to the maximum extent allowed by law and you understand and agree that we may use, publish and disclose such communications for any lawful purpose. Monitoring may include (without limitation) the filtering of incoming and outgoing electronic data messages to identify, limit and/or prevent the transmission of unlawful or otherwise undesirable material or content.

We reserve the right, in our sole and absolute discretion, without notice to remove any material you have submitted to our web site and/or to suspend and/or terminate your subscription, access and/or use of any or all of the services and/or this site at any time without notice, and we will probably do so if you act in breach of these terms.

You acknowledge that the ownership in any intellectual property rights (including without limitation, copyright and patent rights) in the components and features of this site belongs to us, excluding any data, materials, comments, ideas, feedback or suggestions specifically submitted by Users, which will remain vested in such Users. You acknowledge that we also own any intellectual property rights in the compilations, collective works and derivative works created by us which may incorporate the content of Users. Accordingly, no part of this site (including its source HTML code) may be used, transferred, copied or reproduced in whole or in part in any manner other than for the purposes of utilizing this site, meaning that you may only display it on your computer screen and print it out on your printer for the sole purpose of viewing its content. If you submit any data, materials, comments, ideas, feedback or suggestions to our website, you grant us an irrevocable, perpetual, worldwide and royalty-free license to use, compile, display, publish, publicly perform, reproduce, distribute, broadcast, lease, adapt, modify and promote such data in any manner of form. Framing of the content on this site without our written consent is expressly prohibited.

You may only use the trademarks featured in our site for the purpose of displaying this site on your computer screen or printing out this site on your printer for the purpose of viewing same. Any other use of the trademarks without prior written consent is strictly prohibited.

We, our subsidiaries, officers and employees do not make any warranties, representations or undertakings, express or implied, about the content of this site or the services provided on it or about the content of any other website which may be referred to or accessed by hypertext link from this site, and we do not endorse or approve the content of such third party websites. In particular, we disclaim all warranties implied by law and we do not make any representations as to the accuracy, suitability, non-infringement, availability, timeliness, security, completeness or reliability of information contained on this site and we shall not be bound in any manner whatsoever by the information contained on this web site, including errors and omissions. Furthermore, we do not represent that this site is free of viruses or bugs or anything else, which may have a harmful effect on any technology or that the site is compatible with all computer systems and browsers. Any material and/or information downloaded or otherwise obtained through the use of this web site is thus done at the User’s sole discretion and risk and the User is solely responsible for any damage to its computer system or loss of data that results from the download of any such material.

We are committed to protecting your privacy. We will compile and use the information which you give to us to provide you with services and personalize your use and visits of this site. We may also use such information to inform you, the User, about changes in the services we offer and/or about features we think you would find of interest. By giving us this information, you consent to our use of it for these purposes and for the purposes outlined in our Privacy Policy, including for the purpose of processing your requests. For further information regarding our treatment of your personal information, you are referred to our Privacy Policy in Section B of these Terms and Conditions.

You use our web site at your own risk. We exclude any and all liability that we, our subsidiaries, officers and employees may incur for any losses or claims arising from an inability to access this site or use a service on this site, or arising from any use of this site or reliance of the data obtained from or transmitted using this web site, to the fullest extent permissible by law, even if we, our subsidiaries, officers or employees were negligent or aware of the problem in advance. In no event will we, our subsidiaries, officers and/or employees be liable for any loss of profit, revenues, goodwill, opportunity, business, anticipated saving and/or other direct or indirect or consequential loss of any kind in statute, contract, delict (including negligence and gross negligence) or otherwise arising in connection with your use of this site, save where such liability cannot be excluded by applicable law.

You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including attorneys’ fees on a party and own client scale, made by any third party due to or arising out of your breach of these terms or the documents it incorporates by reference, or your violation of any law or the rights of a third party.

We also reserve the right, without notice and in our sole and absolute discretion, to make changes to any parts of the site inclusive of changes to these terms of use. It is your sole responsibility to review our terms of use on each occasion prior to making use of this site. If you continue to use this site after our amended terms of use has been posted on the web site, it will constitute a deemed acceptance of such amended terms of use. We specifically reserve the right at any time to change, suspend or discontinue without notice, any service component and/or feature of this web site.

You may be required to choose a User name and a password to register for use of our subscription services. If you opt-in to connect your SACarFan account and data with Facebook (through the Facebook Connect feature) or with any other third party networking (or other) site, that data may become public through the other site. You are responsible for keeping your User name and password secret. You will be required to enter your Username and password every time you want to use one of our subscription services. You indemnify us from and hold us harmless against any loss or damage suffered or liability incurred arising from your failure to keep your account details (such as User names, passwords and access codes) secure or from you permitting anyone else to use your subscription account with us. You accept that you will be liable for all data submitted and transactions concluded on your subscription account.

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through SACarFan are solely between you and such advertiser. You agree that SACarFan will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the SACarFan website.

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Part B: Privacy Policy

Introduction

Please read this Privacy Policy carefully as it contains important information about the use of any personal information which you provide to us. Your privacy is very important to us. We are therefore committed to protecting that privacy whenever personal information is requested from you. Provided it is reasonably possible, we will try to use or disclose your personal information only in the manner stated in this Privacy Policy. We do, however, reserve the right to amend this Privacy Policy from time to time, in which case the amended Privacy Policy will supersede and replace any previous policies with effect from the date on which it is posted on this website. Wherever possible, we will give you notice of any changes prior to their implementation. Please visit this Privacy Policy regularly to familiarise yourself with the latest version and to understand what we can do with your personal information. This Privacy Policy forms part of the Terms and Conditions (http://www.sacarfan.co.za/terms-of-use) of use for this website.

Personal Information

Personal information refers to all information about you as an identifiable individual, including (but not limited to) your name, address, e-mail address, telephone number, and identity number. All information which you submit to a publicly accessible section of our web site (such as comments) may be collected, used and disclosed freely and will not be protected under this Privacy Policy. Your submission of information to such a publicly accessible section of our web site is thus at your own risk.

Your Consent

You do not have to give us personal information in order to visit or access the freely available sections of our web site. Some services on our web site may, however, be restricted to subscribers only (including but not limited to the placing of orders, promotional features and competitions). In order for you to use such subscriber services we will need some personal information about you. The information will be collected when you register with us or when you choose to use one of the subscriber services available via our web site. We may also collect information regarding your use of our web site to enable us to improve our services and to assess your compliance with the terms applicable to such use.

All your personal information so collected, will be stored, used and disclosed in accordance with this Privacy Policy and you consent to such storage, use and disclosure when you subscribe to these subscriber services.

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