Website Terms & Conditions of Use
1.1 This website www.hermanussiyakha.co.za (the “Site”} is owned and operated by Hermanus Siyakha, a Non Profit Company registered in South Africa with registration number 2018/ (hereinafter referred to as “HS”).
1.2 The following terms and conditions applicable to the user’s usage of and interaction with the Site (hereinafter the T’s & C’s) govern the relationship between the user and HS in the use of the Site.
1.3 By using the Site you are agreeing to comply with and be legally bound by these T’s & C’s.
2.1 The Site aims to provide general information regarding the crowd-funding, projects and services that HS provides.
- Restrictions on use
3.1 You may utilise the material contained in the Site for your own, non-commercial use.
3.2 You must not, other than as provided in these T’s & C’s:
- Reproduce, redistribute, alter or transmit any material or information contained in the Site.
- Use the material for commercial purposes without first obtaining the express written authority of HS.
- Remove any copyright, trademark or other intellectual property right notice contained in the material.
- Use the material from the Site in any manner or for any purpose which is unlawful or which violates any right of HS
Operation of the Site
- HS reserves the right to suspend or terminate the operation of the Site at any time for the purposes of support and maintenance or to update the information contained on the Site or for any other reason, at the sole discretion of HS.
- HS is not obliged to give any notice of such termination or suspension.
5.1 HS endeavours to ensure the accuracy and reliability of the Site and the content included and available on the Site, but due to the possibility of human and mechanical error and other factors, to the extent allowed by law, HS does not, whether expressly, tacitly or implicitly, represent, warrant or in any other way guarantee the availability, truth, accuracy, completeness or reliability of such information or that it is always up to date or that your access to the Site will be uninterrupted and error-free.
5.2 To the extent permitted by law, you must be satisfied that you may lawfully access the Site, read the pages and/or act upon the material contained in the pages, and HS accepts no responsibility for your unauthorised access or actions in respects of these matters.
- Linking to and from the Site
6.1 The Site may contain links to third party web sites. These linked web sites are not under the control of HS and, to the extent permitted by law, HS accepts no responsibility for or liability arising from access to, or the information provide on, any website which is linked from the Site, or hyperlink contained in a linked web site. To the extent permitted by law, you link to any such web site entirely at your own risk and liability.
6.2 If you wish to establish a link to the HS Site, the link must include the HS web address www.hermanussiyakha.co.za
6.3 Neither this Site nor any of its pages may be included in any other Site. Instead, a link to the Site is required at all times.
6.4 The fact that the Site contains a link to or from a third party web site does not imply that there is any affiliation between HS and the third party web site. The linking web site may not in any way imply that HS or any of its officers or employees recommend or endorse any of the linked web site products or services.
6.4 HS reserves the right to withdraw any permission granted, whether tacitly, verbally or in writing, to link to the Site, at any time if it is deemed by HS, in its sole discretion, to be in the best interest of HS.
- Copyright and trademarks
- The works of authorship contained in the Site, including but not limited to, all designs, trademarks, logos, data, text and images, whether registered or unregistered, are the intellectual property of HS, its affiliates or third parties who have supplied information to HS and are protected by South African and international intellectual property laws and conventions.
- HS reserves the right to take legal action in respect of any reproduction, copying, distribution, framing, uploading to a third party, publication, adaptation, broadcast, public performance or other use or communication to the public of the information contained on the Site without the prior written consent of HS.
- You are not permitted to use any of the trademarks displayed on the Site without the prior written consent of HS.
- Comments and feedback
- If you have any questions or comments on, by, or in connection with the Site (“Submissions”) and would like to contact HS, please send your questions or comments to our email address HS values your Submissions, but shall not be obliged to respond to, maintain or compensate you in any way for your Submission.
- HS are committed to safeguarding the privacy of its users while providing a personalised and valuable service
- We have reasonable security measures in place to protect against loss, misuse and interception by third parties of the information under our control, but, to the extent permitted by law, HS assumes no liability for any damages you may suffer as a result of interception, alteration or misuse of information transmitted over the Internet.
- Agreements in Terms of Section 21 of the Electronic Communications and Transaction Act
- No information or data on this Site constitutes an offer to do business, but is merely an invitation to do business.
10.2 No email message shall be deemed to have been received by HS until a response has been issued from HS. An automated response from HS shall not satisfy this requirement.
- These T’s& C’s constitute the sole record of the agreement between you and HS in relation to the subject matter hereof. Neither you nor HS shall be bound by any express, tacit, or implied representation, warranty, promise or the like not recorded herein. These terms and conditions supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and HS in respect of the subject matter hereof.
- HS shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of these T’s& C’s to any third party without notice to you.
- To the extent permitted by law, HS may update these T’s & C’s from time to time and you are responsible for periodically reviewing the most current version on the Site.
- All provisions of these T’s &C’s are, notwithstanding the manner in which they have been linked grammatically, severable from each other. Any provision of these T’s & C’s which is or becomes unenforceable in any jurisdiction, whether due to non-availability, invalidity, illegality, unlawfulness or for any reason whatsoever shall, in such jurisdiction only and only to the extent that it is so unenforceable, be disregarded and the remaining provisions of these T’s & C’s shall remain of full force and effect
- This Site is created, hosted, maintained and controlled in the Republic of South Africa and as such you agree that the laws of the Republic of South Africa and the jurisdiction of the South African courts govern these T’s & C’s, any disclaimers, copyright and use statements contained in the Site, and any legal matter resulting from the use or inability to use this Site, without giving effect to any principle of conflict of laws.
- All disputes in terms of the use of this Site or any agreement flowing therefrom, or relating to the inability to use this Site, will be referred at the sole discretion of HS either to adjudication in the High Court of South Africa, or to arbitration in terms of the Commercial Rules of Arbitration of the Arbitration Foundation of Southern Africa (AFSA) and such arbitration shall be held in Hermanus South Africa and conducted in the English language.
- Subject to the provisions of sections 43(5) and 43(6) of the Electronic Communications and Transactions Act, HS shall not be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this Site or the services or content provided from and through this Site. Furthermore, HS makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this Site are free from errors or omissions or that the service will be uninterrupted and error free.
The Site is supplied on an “as is” basis and has not been compiled or supplied to meet the user’s individual requirements. It is the sole responsibility of the user to satisfy him or herself, prior to entering into this agreement with HS, that the service available from and through this Site will meet the user’s individual requirements and be compatible with the user’s hardware and/or software