What follows after this brief introduction is the FULL TERMS & CONDITIONS for use of the RUGBY-TALK web site, including without limitation general content, forums, chat rooms, classifieds, quick polls, directories and search functions.
Please read them carefully. The RUGBY-TALK web site is offered to you upon condition that you accept the TERMS & CONDITIONS, set out below, without modification.
These TERMS & CONDITIONS & DISCLAIMERS have been drawn up in the format of a regular Agreement, with header and contents because that is exactly the nature and extent of the Agreement you voluntarily enter into by continued use of this website.
These TERMS & Conditions has the full effect of a binding and enforceable Agreement between the Owners of this web site and you, the USER of this web site.
AGREEMENT FOR THE TERMS & CONDITIONS OF THE USE OF THE RUGBY-TALK WEB SITE
MEMORANDUM OF AGREEMENT MADE BY AND BETWEEN:
RUDI GELDENHUYS t/a RUGBY-TALK
(Herinafter called “RUGBY-TALK“)
USER(S) OF THIS WEBSITE
as described in the Definitions and Interpretations clause hereunder
in their personal capacity and / or in their capacity representing a legal entity
(Herinafter called the “USER” or “USERS“)
WHEREAS RUGBY-TALK has developed this web site with the name and web-address www.rugby-talk.com
AND WHEREAS USERS wish to visit and peruse the contents of such web site and / or take part in discussions on such website
NOW THEREFORE THE PARTIES AGREE AS FOLLOWS:
1. DEFINITIONS AND INTERPRETATIONS:
1.1 References herein to the RUGBY-TALK web site or content shall include any part thereof and all partner sites;
1.2 References herein to USER(S) means any persons who access the RUGBY-TALK web site, notwithstanding the fact that such a person only visited the home page of the RUGBY-TALK web site;
1.3 References herein to the singular includes the plural and vice versa;
1.4 Hyperlinks in these TERMS & CONDITIONS and reference to copyright notices and legislation should be deemed part of these terms and conditions in terms of section 11 of the ECT Act. Should any such hyperlink(s) be non-operational, it shall not play a role in the validity and interpretation of these terms and conditions.
2. GENERAL APPLICABILITY:
2.1 These TERMS & CONDITIONS are binding and enforceable against all USERS who access the RUGBY-TALK web site and it’s partner sites or any parts thereof, in terms of SECTION 11 OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS (ECT) ACT 25 OF 2002;
2.2 If you do not agree fully to these TERMS & CONDITIONS, you must immediately leave the RUGBY-TALK web site, as continued use or perusal will automatically bind you to these TERMS & CONDITIONS;
2.3 A copy of the ECT Act may be downloaded from:
3. USER CONDUCT:
3.1 As a condition of your use of the RUGBY-TALK web site, you warrant to RUGBY-TALK that you will not use or peruse the RUGBY-TALK web site for any purpose that is unlawful or prohibited by these TERMS & CONDITIONS and notices. Any unauthorized commercial use of the RUGBY-TALK web site or components thereof, or the resale of its resources, is expressly prohibited;
3.2 You agree to abide by all applicable local, provincial, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your use of the RUGBY-TALK web site. By way of example, and not as a limitation, you agree not to:
3.2.1 Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
3.2.2 Publish, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information.
3.2.3 Advertise or offer to sell or buy any goods or services for any non-personal purpose.
3.2.4 Harvest or otherwise collect information about others, including email addresses, without their consent.
3.2.5 Create a false identity for the purpose of misleading others as to the identity of the sender or the origin of a message.
3.2.6 Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity, user or usage information or any portion thereof other than in the context of your use of the RUGBY-TALK web site as permitted under the TERMS & CONDITIONS.
3.2.7 Transmit or upload any material that contains viruses, trojan horses, worms, time bombs, cancel bots, or any other harmful or deleterious programs.
3.2.8 Transmit or upload any material that contains software or other material protected by intellectual property laws, rights of privacy or publicity or any other applicable law unless you own or control the rights thereto and/or have received all necessary consents to do so.
3.2.9 Interfere with or disrupt networks connected to the RUGBY-TALK web site or violate the regulations, policies or procedures of such networks.
3.2.10 Attempt to gain unauthorized access to the RUGBY-TALK web site, other accounts, computer systems or networks connected to RUGBY-TALK, through password mining or any other means.
3.2.11 Interfere with another member’s use and enjoyment of the RUGBY-TALK web site or another individual’s or entity’s use and enjoyment of such services.
3.3 RUGBY-TALK has no obligation to monitor it’s web site or any user’s use thereof or retain the content of any user session. However, RUGBY-TALK reserves the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
4. INTELLECTUAL PROPERTY RIGHTS AND DOMAIN NAME USE:
All intellectual property on the RUGBY-TALK web site, including but not limited to content, design elements, software, databases, text, graphics, icons and hyperlinks are the property of or licensed to RUGBY-TALK and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights licensed in any clause hereof, all other rights to intellectual property on the RUGBY-TALK web site are expressly reserved.
5. SECTION 43 OF THE ECT ACT – DISCLOSURES:
Access to the content available from the RUGBY-TALK web site is classified as “electronic transactions” in terms of the ECT Act and therefor USERS have the rights detailed in Chapter 7 of the ECT Act and RUGBY-TALK has the duty to disclose the following information:
5.1 The full name and legal status of RUGBY-TALK web site: RUDI GELDENHUYS t/a RUGBY-TALK, as already disclaimed in the Header of the TERMS & CONDITIONS above;
5.2 Street address: 76 Taft Avenue, Brakpan, Gauteng, South Africa, 1541;
5.3 Postal address: 76 Taft Avenue, Brakpan, Gauteng, South Africa, 1541
5.4 Physical address for receipt of legal service: RUDI GELDENHUYS t/a RUGBY-TALK, 76 Taft Avenue, Brakpan, Gauteng, South Africa, 1541
5.5 Main business: Brokering of Computer and Electronic parts and Services, Software, Software Development, Network Services and Administration and Internet Services
5.6 The web site addresses of the RUGBY-TALK web site is: www.rugby-talk.com
5.7 Management: The identities and contact details of the RUGBY-TALK management team are available from: www.rugby-talk.com
5.8 Costs: Access to content on the RUGBY-TALK web site is free to any person who subscribes to these terms and conditions, subject to behaviour deemed to be acceptible in the sole discretion of RUGBY-TALK. Access to some pages on the RUGBY-TALK web site may be restricted to persons or classes of persons (Administrators, Editors, Authors, Contributors) and not SUBSCRIBERS who registered through the “Log In” function. Notwithstanding the aforegoing, RUGBY-TALK may, in future, charge fees for access to the RUGBY-TALK web site;
5.9 Alternative dispute resolution: Subject to urgent and/or interim relief, all disputes regarding:
5.9.1 access to the RUGBY-TALK web site;
5.9.2 the inability to access the RUGBY-TALK web site;
5.9.3 the services and content available from the RUGBY-TALK web site;
5.9.4 these TERMS & CONDITIONS,
shall be referred to arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa and such arbitration proceedings shall be conducted in Pretoria, Gauteng in English or such Language as mutually agreed between the Parties to such dispute. The arbitration ruling shall be final and the unsuccessful party shall pay the costs of the successful party on a scale as between attorney and own client. The expedited rules of the Arbitration Foundation of South Africa may be downloaded from the following web site:
5.10 Cooling-off period: As far as practically possible, USERS have the right to return services provided from the RUGBY-TALK web site within 7 (seven) days if such goods or services are not listed in section 42 of the ECT Act; and
5.11 USERS may lodge complaints concerning the RUGBY-TALK web site with RUGBY-TALK, the Advertising Standards Authority or the Consumer Affairs Committee.
6. CHANGES AND AMENDMENTS:
RUGBY-TALK expressly reserves the right, in its sole and absolute discretion, to do any of the following, at any time without prior notice:
6.1 change these TERMS & CONDITIONS;
6.2 change the content and/or services available from the RUGBY-TALK web site;
6.3 discontinue any or all aspects of the RUGBY-TALK web site or service(s) available from such site; and / or
6.4 change the software and hardware required to access and use the RUGBY-TALK web site.
7.1 RUGBY-TALK shall take reasonable steps to protect the personal information of USERS. For the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from:
7.2 RUGBY-TALK may electronically collect, store and use the following personal information of USERS:
7.2.1 name and surname;
7.2.2 birth date;
7.2.4 Country of Residence
7.2.5 closest city;
7.2.6 non-personal browsing habits and click patterns;
7.2.7 E-Mail Address and IP Address
7.3 RUGBY-TALK collects, stores and uses the abovementioned information for the following purposes:
7.3.1 to greet the USER when he/she accesses the RUGBY-TALK web site;
7.3.2 subject to the USER’s consent, inform the USER of facts relating to his/her access and use of the RUGBY-TALK web site;
7.3.3 subject to the USER’s consent, inform the USER about competitions and special offers from RUGBY-TALK and / or its principals / proprietors / partners / affiliates;
7.3.4 to provide the USER with targeted advertising when he/she accesses the RUGBY-TALK web site or the web sites of it’s principals / proprietors / partners / affiliates; and
7.3.5 to compile non-personal statistical information about browsing habits, click-patterns and access to the RUGBY-TALK web site.
7.4 Information detailed above is collected either electronically by using cookies or is provided voluntarily by USERS. USERS may determine cookie use independently through their browser settings.
7.5 USERS may elect not to receive any communications from RUGBY-TALK and / or its principals / proprietors / partners / affiliates.
7.6 RUGBY-TALK may collect, maintain, save, compile, share, disclose and sell any information collected from USERS, subject to the following provisions:
7.6.1 RUGBY-TALK shall not disclose personal information from USERS unless the USER consents thereto;
7.6.2 RUGBY-TALK shall disclose information without the USER’s consent only through due legal process; and
7.6.3 RUGBY-TALK may compile, use and share any information that does not relate to any specific individual.
7.7 RUGBY-TALK owns and retains all rights to non-personal statistical information collected and compiled by RUGBY-TALK.
8. HYPERLINKS TO THIRD PARTIES:
RUGBY-TALK may provide hyperlinks to web sites not controlled by RUGBY-TALK and such links do not imply any endorsement, agreement on or support for the content of such target sites. RUGBY-TALK does not editorially control the content on such target sites and shall not be liable, in any manner whatsoever, for the access to, inability to access or content available on or through such target sites.
9.1 RUGBY-TALK shall take reasonable steps to secure the content of the RUGBY-TALK web site and the information provided by and collected from USERS from unauthorised access and / or disclosure. However, RUGBY-TALK does not make any warranties or representations that content shall be 100% safe and secure;
9.2 RUGBY-TALK is under no legal duty to encrypt any content or communications from and to the RUGBY-TALK web site and is also under no legal duty to provide digital authentication of any page on the RUGBY-TALK web site;
9.3 USERS may not deliver or attempt to deliver, whether on purpose or negligently, any damaging code, such as computer viruses, to the RUGBY-TALK web site or the server and computer network that support the RUGBY-TALK web site. Notwithstanding criminal prosecution, any person who delivers any damaging code to the RUGBY-TALK web site, whether on purpose or negligently, shall, without any limitation, indemnify and hold RUGBY-TALK harmless against any and all liability, damages and losses RUGBY-TALK and its principals / proprietors / partners / affiliates may suffer as a result of such damaging code;
9.4 Any USER who commits any of the offences detailed in sections 85 to 88 of the ECT Act shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by RUGBY-TALK and its principals / proprietors / partners / affiliates. The ECT Act may be downloaded from:
10. CONTENT & POSTING COMMENTS:
10.1 REMOVAL AND CORRUPTION OF CONTENT:
USERS are encouraged to report untrue, inaccurate, defamatory, illegal, infringing and / or harmful content available from the RUGBY-TALK web site to RUGBY-TALK (via the designated WEBMASTERS) and RUGBY-TALK undertakes to correct and / or remove such content or any part thereof if the person reporting such content provided reasonable grounds to prove the alleged nature of the content;
10.2 POSTINGS & COMMENTS:
These TERMS & CONDITIONS constitute the entire agreement between RUGBY-TALK and you, the USERS of this website. Any failure by RUGBY-TALK to exercise or enforce any right or provision of these TERMS & CONDITIONS shall in no way constitute a waiver of such right or provision.
10.2.1 USERS may post their personal opinions, messages and ideas to the RUGBY-TALK web site and discussion forums available on the RUGBY-TALK web site;
10.2.2 USERS undertake not to post content to the RUGBY-TALK web site that may be illegal, defamatory, infringing, harassing, obscene, commercial advertising, personal marketing, profane, untrue, incorrect or harmful and RUGBY-TALK reserves the right to remove such content in terms of clause 10.1 above;
10.2.3 RUGBY-TALK does not necessarily editorially control, filter or read USER postings and shall not be liable, in any manner whatsoever, for such USER postings;
10.2.4 USERS indemnifies and holds RUGBY-TALK harmless against any liability, claim, damage or loss that may result from USER posting(s) to the RUGBY-TALK web site.
11. INTERCEPTION OF COMMUNICATIONS:
11.1 Subject to the provisions of the Regulation of Interception of Communications (RIC) Act 70 of 2002, the USER agrees to RUGBY-TALK’s right to intercept, block, filter, read, delete, disclose and use all communications send or posted by the USER to the RUGBY-TALK web site or its staff and employees. The RIC Act may be downloaded from:
11.2 Subject to the provisions of the ECT Act, the USER agrees and acknowledges that the consent provided by the USER in clause 11.1 satisfies the “writing” requirement.
12. DISCLAIMER AND LIMITATION OF LIABILITY:
12.1 Subject to the provisions of sections 43(5) and 43(6) of the ECT Act, if applicable, and as far as allowed by law, RUGBY-TALK (including its principals, proprietors, owners, employees, suppliers, network operators, partners, affiliates and agents) shall not be liable for any damage, loss or liability of any nature incurred by whomever and resulting from:
12.1.1 access to the RUGBY-TALK web site;
12.1.2 access to web sites linked to the RUGBY-TALK web site;
12.1.3 inability to access the RUGBY-TALK web site;
12.1.4 inability to access web sites linked to the RUGBY-TALK web site;
12.1.5 content available on the RUGBY-TALK web site;
12.1.6 services available from the RUGBY-TALK web site;
12.1.7 any other reason not directly related to RUGBY-TALK’s gross negligence.
12.2 The RUGBY-TALK web site is supplied on an “as is” basis and has not been compiled to meet the USER’s individual requirements. It is the responsibility of the USER to satisfy himself or herself, prior to entering into this agreement with RUGBY-TALK, that the content and services available from and through the RUGBY-TALK web site meet the USER’s individual requirements and is compatible with the USER’s computer hardware and/or software;
12.3 Information, ideas and opinions expressed on the RUGBY-TALK web site should not be regarded as professional advice or the official opinion of RUGBY-TALK and USERS are encouraged to consult professional advice before taking any course of action related to the information, ideas or opinions expressed on the RUGBY-TALK web site;
12.4 This web site is directed primarily at USERS in the Republic of South Africa and therefor RUGBY-TALK shall not, as far as allowed by South African law, be liable for defamation, libel, slander, privacy infringement, personality infringement or copyright infringement, in whatsoever format, outside the borders of the Republic of South Africa;
12.5 RUGBY-TALK sources content from various third parties e.g. newspapers, news agencies and freelance journalists and does not editorially control the content provided by such third parties and RUGBY-TALK only serves as an electronic distribution platform for such third party content. Therefore RUGBY-TALK shall not be liable, in any manner whatsoever for defamation, privacy infringement, personality infringement or copyright infringement related to content on the RUGBY-TALK web site not created by RUGBY-TALK or its employees;
12.6 RUGBY-TALK does not make any warranties or representation that content and services available from the RUGBY-TALK web site will in all cases be true, correct or free from any errors. RUGBY-TALK shall take all reasonable steps to ensure the quality and accuracy of content available from the RUGBY-TALK web site;
12.7 RUGBY-TALK does not make any warranties or representations that the RUGBY-TALK web site will be available at all times. USERS acknowledge that the RUGBY-TALK web site may be unavailable due to updates or other causes beyond the reasonable control of RUGBY-TALK, including, but not limited to virus infection, power failure or other “acts of God”.
13. POLICY & RULES:
13.1 RUGBY-TALK reserves the right to publish and implement local POLICY and RULES regarding behaviour and content by USERS as well as sanctions and / or diciplinary steps against USERS for failure to conform to such POLICY and / or RULES;
13.2 These additional declarations of POLICY and RULES form part of the TERMS & CONDITIONS, as if fully included herein;
13.3 RUGBY-TALK reserves the right to enforce these TERMS & CONDITIONS and additional POLICY and / or RULES at it’s own widest discretion and USERS acknowledge and understand and declare herewith to abide by such POLICY and / or RULES as well as discretionary measures taken by RUGBY-TALK in persuance of such POLICY and/ or RULES.
14. JURISDICTIONAND GOVERNING LAW:
The RUGBY-TALK web site is fully controlled and operated from the Republic of South Africa and therefore the South African law enforced by the South African courts governs the use or inability to use the RUGBY-TALK web site, its content, services and these TERMS & CONDITIONS.
15. LEGAL COSTS:
RUGBY-TALK shall not be liable for costs incurred by USERS to obtain professional advice relating to these TERMS & CONDITIONS.
16. ENTIRE AGREEMENT AND SEVERABILITY:
16.1 These TERMS & CONDITIONS, as amplified by additional POLICY and / or RULES statements, constitute the entire agreement between RUGBY-TALK and the USER and shall take precedent over any disclaimers and/or legal notices attached to any communications and/or postings received by RUGBY-TALK from the USERS;
16.2 Any failure by RUGBY-TALK to exercise or enforce any right or provision shall in no way constitute a waiver of such right or provision;
16.3 In the event that any term or condition detailed herein is found unenforceable or invalid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall remain enforceable and applicable.
17. AGREEMENT IN TERMS OF SECTION 21 OF THE ECT ACT:
The USERS and RUGBY-TALK agree that:
17.1 The USER shall be bound to these TERMS & CONDITIONS and such Agreement at the time the USER enters the RUGBY-TALK web site for the first time or immediately after the USER indicated consent as required during the REGISTRATION PROCESS;
17.2 Data messages (as defined in the ECT Act) addressed by the USER to RUGBY-TALK shall only be deemed to have been received by RUGBY-TALK if RUGBY-TALK responds thereto;
17.3 Data messages (as defined in the ECT Act) addressed to the USER by RUGBY-TALK shall be deemed to be received by the USER as detailed in section 23(b) of the ECT Act;
17.4 Data messages (as defined in the ECT Act) addressed by the USER to RUGBY-TALK shall be deemed to have been created and send by the USER from within the geographical boundaries of South Africa;
17.5 Electronic signatures, encryption and / or authentication is not required for valid electronic communications between the USERS and RUGBY-TALK; and
17.6 The USER agrees and warrants that data messages that are sent to RUGBY-TALK from a computer, IP address or mobile device normally used by or owned by the USER, was sent and/or authorised by the USER personally.
18. COPYRIGHT NOTICE:
All contents of the TERMS & CONDITIONS and RUGBY-TALK web site are are:
Copyright © 2009 RUDI GELDENHUYS t/a RUGBY-TALK and / or it’s suppliers, with addresses and contact particulars as contained in these TERMS & CONDITIONS.
All rights reserved.
Any rights not expressly granted herein are reserved.
© 2009 www.rugby-talk.com