This is version 1.0 of these Terms and Conditions. These Terms and Conditions were implemented on 1 September 2011.
You may Access the Sites (defined below) on condition that You accept these Terms and Conditions as they are and without modifications. These Terms and Conditions are a binding contract between You and Us so it is very important that You read them carefully and ensure that You understand and accept them.
If You Access the Sites, We will take that to mean You have read and understand these Terms and Conditions and agree to them. If You do not agree with any provision contained in these Terms and Conditions, please do not Access the Sites in any way.
We reserve the right, in our sole discretion, to, and You agree that We may, amend these Terms and Conditions at any time, in any way and from time to time. We will publish the amended Terms and Conditions on The Website and notify You that We have done so. These amendments shall come into effect immediately and automatically.
It is your responsibility to review these Terms and Conditions regularly and to ensure that You agree with any amendments to these Terms and Conditions. If You do not agree with any amendments to these Terms and Conditions, You may no longer Access the Sites.
Chapter VII of the ECT Act grants rights to any natural person (in other words, living human beings) who enters or intends entering into what is known as an "electronic transaction" with Us on the Sites. None of these Terms and Conditions are intended to limit the rights the ECT Act grants You.
These Terms and Conditions contain provisions which limit our exposure to legal liability and even make You responsible for a variety of acts. Some of these provisions do have the effect of limiting your rights in law and conferring obligations on You by virtue of your agreement to these Terms and Conditions.
It is therefore important that You familiarise yourself with these provisions before You Access the Sites and that You do not Access the Sites if You do not agree to abide by these provisions.
You may not Access the Sites and may not accept these Terms and Conditions if You lack the legal capacity to enter into a binding contract with Us or You are a person barred from Accessing the Sites under the laws of the Republic of South Africa or other countries including the country in which You are resident or from which You Access the Sites.
By Accessing the Sites and/or the Content You represent and warrant that You are of full legal age or are emancipated or have your guardian's consent to enter into a contract being these Terms and Conditions.
We may change aspects of the Sites
We may add new features and modify or even discontinue existing features without notice to You and in our sole discretion. You agree to this. You are free to stop Accessing the Sites at any time without notifying Us.
Content accessible through the Sites may not be appropriate for all users and while We take steps to monitor and remove objectionable Content, it remains solely your responsibility not to consume inappropriate Content and to prevent underage users from Accessing this Content where it is within your control to do so.
These Terms and Conditions may contain a number of terms and phrases which have a specific meaning in this document. In these Terms and Conditions, headings are for convenience and shall not be used in its interpretation.
Any reference in these Terms and Conditions to a Party shall, if such Party is liquidated or sequestrated (the meaning of which includes any analogous proceedings in any other jurisdiction), be applicable also to and binding upon that Party's liquidator or trustee, as the case may be.
Unless We indicate to the contrary in these Terms and Conditions, any references to any gender includes the other genders, a natural person includes an artificial person and vice versa, and the singular includes the plural and vice versa.
When any number of days is prescribed such number shall exclude the first day and include the last day unless the last day falls on a Saturday, Sunday or gazetted public holiday in the Republic of South Africa, in which case the last day shall be the next succeeding day which is not a Saturday, Sunday or public holiday in the Republic of South Africa;
All annexures, addenda and amendments to these Terms and Conditions form an integral part of these Terms and Conditions and, therefore, our contract with You.
The following expressions shall bear the meanings assigned to them below and related expressions shall bear corresponding meanings
• "3rd Party Websites" means websites other than the Sites;
• "Access" when used in the context of -
• a website (whether it be the Sites or a 3rd Party website), means to visit, use, load in a web browser, mobile phone or similar software application or device or otherwise engage with a website;
• Content, means to copy, download, view, modify, adapt, load in a web browser, mobile phone, software application or device or to otherwise engage with and/or manipulate such Content;
• "Brand" means the "The Sharks" brand which is owned by the The Sharks (Proprietary) Limited (references to branding in these Terms and Conditions are to the Brand unless specified otherwise);
• "Branded Sites" means Branded accounts, pages and websites hosted by or located on the Social Services;
• "Content" means all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which You may have Access to as part of, or through your use of, the Sites;
• "the ECT Act" means the Electronic Communications and Transactions Act 25 of 2002;
• "Facebook" means Facebook Inc. as well as the social network located at http://facebook.com, as the context dictates;
• "Intellectual Property" means, collectively, the patents, copyrights (and moral rights), trademarks, designs, models, brands, names, trade names, graphics, icons, hyperlinks, know-how, trade secrets and any other type of intellectual property (whether registered or unregistered including applications for and rights to obtain or use same) which We own, license, use and/or hold (whether or not currently) on the Sites;
• "know-how" means all the ideas, designs, documents, diagrams, information, devices, technical and scientific data, secrets and other processes and methods We use in connection with the Sites, as well as, all available information regarding marketing and promotion of the products and services described in these Terms and Conditions, as well as all and any modifications or improvements to any of them;
• "Post" means to upload, publish, transmit, share or store;
• "RIC Act" means the Regulation of Interception of Communications and Provision of Communication-Related Information Act 70 of 2002;
• "Sites" means The Website and the Branded Sites ("Site" is a reference to any one of the Sites, as the context permits or indicates);
• "Social Services" means online social networks, social media generally and similar communication tools including, but not limited to, blogs, Facebook and Twitter;
• "The Sharks' Associates" means The Sharks' officers, servants, agents or contractors or other persons in respect of whose actions The Sharks may be held to be vicariously liable;
• "Terms and Conditions" means these Terms and Conditions of use, as amended from time to time;
• "Trademarks" means those trademarks We own (or which We are designated as beneficial owner of) and any other trademarks, designs, logos, style names, tag lines and slogans which We own or have the right to use or any derivative service offerings of, and applications for, any of same;
• "Twitter" means Twitter Inc. as well as the social network and messaging platform tools accessible through http://twitter.com;
• "The Website" means the Brand's website located at http://www.sharksrugby.co.za;
• "You" means visitors to the Sites ("Your" and "Yourself" have corresponding meanings);
• "Us", "We" and "The Sharks" means The Sharks (Proprietary) Limited, a company with limited liability incorporated in accordance with the company laws of the Republic of South Africa (registration number 1998/017583/07) ("Our" bears a corresponding meaning);
"user/s" means, in the context of Content or the Sites, anyone who accesses the Sites within the meaning of the term "Access" above.
We operate the Sites as extensions of our information, education and marketing initiatives. Information about the Sites may be found on the Site concerned.
You warrant that the Registration Data is accurate, current and complete (this includes Registration Data that We may receive from the Social Services). You will be denied Access to the Sites should You breach this warranty or subsequently be found to have breached this warranty.
We will take steps to verify your Registration Data once You have completed the requisite registration process using a verification email sent to your given email address. You agree to this verification process and irrevocably consent to Us gaining Access to relevant information held by 3rd parties (including, but not limited to the Social Services) which may be required to reasonably complete the verification process. You acknowledge and agree that Access to the Sites may be limited until such time as the verification process has been successfully completed. Should You not agree to the verification process as contemplated above or withhold your consent, your Access to the Sites, generally, may be suspended or terminated and You waive any claims You may have against Us and/or The Sharks' Associates arising out of our denial of Access to You to the Sites. You agree that the security of your account is solely your own responsibility.
You further agree that -
You are responsible for maintaining and promptly updating the Registration Data and any other information You provide Us with, thereby keeping it accurate, current and complete;
if You believe that information or Content Posted to the Sites infringes on any person's rights in any way, You will notify Us immediately;
if You believe the security of your registration on the Sites has been compromised in any way, You will notify Us (in the case of The Website) or the relevant Social Service (in the case of the Branded Sites) immediately;
You shall be held fully responsible for any misuse or compromise to your account which We are not properly notified about; and
if any security violations are believed to have occurred in association with your account, We reserve the right to suspend Access to your account pending an investigation and resolution.
You may not Access the Content or the Sites for or in conjunction with any illegal, unlawful or immoral purposes or for purposes prohibited by these Terms and Conditions.
You may not frame the Sites in any way whatsoever except as permitted by the Sites' functionality (details may be found on the Sites concerned) or otherwise without our prior written permission. Recognising the global nature of the Internet, You agree to comply with all local laws, rules and regulations regarding your conduct on the Sites as well as the providers' terms.
You agree to adhere to generally acceptable Internet and email etiquette. In this regard, without being limited to the examples listed below, You agree not to:
engage in any abuse of email or spamming, including, without being limited to -
• the Posting or cross-Posting of unsolicited Content with the same or substantially the same message to recipients that did not request to receive such messages; and
• inviting people who You may be connected to using 3rd Party services (including, but not limited to the Social Services) to Access the Sites where those people may not wish to receive such invitations or similar communications (in other words, make sure your contacts on other services are receptive to receiving invitations to joining Us and Accessing the Sites or other communications You send them from Us);
engage in any activity intended to entice, solicit or otherwise recruit website users to join an organisation except where We expressly authorise such activities in writing;
• take any action aimed at deceiving or misleading any person, attempt to impersonate or misrepresent your affiliation to any person or forge headers or otherwise manipulate identifiers in order to disguise the origin of anything Posted or transmitted through the Sites;
use the Sites to Post or transmit anything which is defamatory, discriminatory, obscene, offensive, threatening, abusive, harassing, harmful, hateful or which carries child pornography, religious or racial slurs or threatens or encourages bodily harm or the like or which may violate any person's personality rights;
• use the Sites to make fraudulent offers to sell or buy products, items or services or to offer or solicit for any type of financial scam such as "pyramid schemes" and "chain letters";
• use the Sites in a manner that may infringe the intellectual property rights (for example copyright or trade marks) or other proprietary rights of others (including, but not limited to, the Intellectual Property);
• use the Sites in any manner which could damage, impair, overburden or disable the Sites or interfere with any other Party's Access to the Sites;
• use the Sites to Post anything which contains viruses or any other destructive features, regardless of whether or not damage is intended;
• gather email addresses and/or names for commercial, political, charity or like purposes or use the services to collect or attempt to collect Personal
• Information about third parties without their knowledge or consent;
violate the privacy of any person or attempt to gain unauthorised Access to the Sites or any other network, including (without being limited to) through hacking, password mining or any other means; and/or
• otherwise use the Sites to engage in any illegal or unlawful activity.
Should You engage in any one or more of the above practices, which shall be determined in our sole discretion (and which decision shall be final), then We shall be entitled, without prejudice to any other rights We may have, to:
We may conduct promotional competitions from time to time on one or more of the Sites. While those promotional competitions will have specific terms and conditions which apply to and govern those promotional competitions, the Promotional Competition Rules will apply to and govern all promotional competitions unless we specify otherwise in writing.
Our license to You
We grant You a personal, revocable, worldwide, royalty-free, non-commercial, non-transferrable and non-exclusive licence to Access the Content on the Sites. This licence is for the sole purpose of enabling You to Access the Sites, in the manner permitted by these Terms and Conditions. In the event that We revoke this license, You may no longer Access the Sites or the Content on the Sites.
You may not (and You may not permit anyone else to) copy, modify, create an adaptation of, reverse engineer, decompile or otherwise attempt to extract the source code of the Sites or any part thereof, unless this is expressly permitted or required by law, or unless We have specifically told You that You may do so, in writing.
Unless We have given You specific written permission to do so, You may not transfer, through an assignment of rights, sub-licence or otherwise, your rights to use the Sites or otherwise transfer any part of your rights to use the Sites.
To the extent that any copying, reproduction, distribution, transmission, display, broadcasting or publishing of any Content is expressly permitted (such permission to be interpreted in its most restrictive sense) You may do so, provided that all trademarks, trade names and all copyright, ownership, proprietary and confidentiality notices as are included on the original Content are retained and displayed without alteration or modification and not in any manner obscured or removed.
You acknowledge that You do not acquire any ownership rights or rights of use in or to any Content by copying, reproducing, distributing, transmitting, displaying, broadcasting or publishing that Content except where explicitly permitted to do so.
Caching of the Sites shall only be permitted if:
- the purpose of caching is to make the onward transmission of the Content from the Sites more efficient;
- the cached Content is not modified in any manner whatsoever;
- the cached Content is updated at least every 12 (twelve) hours; and
- the cached Content is removed or updated when We so require.
We do not claim any ownership rights in the Content that You Post to the Sites. You retain any rights that You may already have in your Content when You Post your Content to or otherwise Access the Sites, subject to the limited license You grant to Us.
By Posting any Content on or through the Sites, You grant Us an irrevocable, non-exclusive, commercial, fully-paid, royalty free, transferrable and worldwide license to moderate, use, modify, delete from, add to, publicly perform, publicly display, reproduce, commercialise or otherwise distribute such Content on or through the Sites including without limitation, distributing part or all of the Sites or Content in any media formats and through any media, partners' or affiliate channels and make use of the Content in our advertising campaigns.
The license You grant to Us means that -
You are free to license your Content to anyone else in addition to Us;
We may make commercial use of your Content or otherwise commercialise your Content;
We are not required to pay You for the use of the Content You Post to the Sites;
We are able to use our affiliates, sub-contractors and other partners (such as Internet Content delivery networks and wireless carriers) to grant Access to the Sites; and
the license extends to anywhere in the world because of the global nature of the Internet and the fact that our users can Access the Content from anywhere in the world.
Because You can only lawfully license Content You have certain rights in, You represent and warrant that:
You own the Content You Posted on or through the Sites or otherwise have the right to grant the license set forth in this section; and
Posting your Content on or through the Sites does not violate the privacy rights, publicity rights, copyright, contractual rights or any other rights of any person or entity.
You also agree to pay for all royalties, fees, and any other monies owing to any person or entity by reason of any Content You Post on or through the Sites.