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Eat-In.co.za Usage Agreement Please read this user agreement carefully. It contains important contractual
rights, obligations and conditions between you and Eat-in.co.za. Your
acceptance of the terms of this user agreement is required for your continued
use of this website.
USAGE
Persons (User(s)) using the Eat-in.co.za website for any reason whatsoever,
subject themselves to and agree to these terms and conditions and privacy
policy of Eat-in.co.za when accessing this website.
The Eat-in.co.za website
[is only intended to provide the user with information regarding its products
and services] / consists of information, content and services provided
by Eat-in.co.za, its licensor(s), third parties and users of the Eat-in.co.za
website.
Eat-in.co.za expressly reserves the right, in its sole and absolute
discretion, to amend this agreement.
Eat-in.co.za expressly reserves
the right, in its sole and absolute discretion, to remove, alter,
modify, supplement and/or restrict access to the services, content, information,
software, or file(s) appearing on or transmitted through the Eat-in.co.za
website.
Any information and/or content appearing on or transmitted through
the Eat-in.co.za website does not constitute advise and you, the
user, are encouraged to consult with your professional advisor before
acting on any information or content appearing on or transmitted through
the Eat-in.co.za website.
Nothing on this website shall be construed
as an offer by Eat-in.co.za to you, the user, but merely an invitation
to do business. INTELLECTUAL PROPERTY
RIGHTS & LICENCE
All content, trademarks and data on this website, including but not limited
to, software, databases, text, graphics, icons, hyperlinks, private information,
and designs are the property of or licensed to Eat-in.co.za, and as such,
are protected from infringement by domestic and international legislation
and treaties.
All rights not expressly granted are reserved. The intellectual
property rights in all content, information, services and/or software vesting
in Eat-in.co.za shall continue to vest in Eat-in.co.za and no right, title
or interest in any proprietary material or information contained in this
website is granted to you.
Eat-in.co.za grants to you, the user,
a personal, non-exclusive, non-assignable and non-transferable
licence to use, print and display all content, information, software,
or file(s) on any machine(s) of which you, the user, are the primary
user for non-commercial purposes only.
You, the user, are prohibited from
sublicensing, assigning or transferring this licence to any person.
Without derogating from the above, you, the user, may designate
family members to use and access the information, content or services
on the Eat-in.co.za web site subject to the terms of this User
Agreement.
Unauthorised copying of content, information, software,
or file(s), including content, information, software, or file(s)
that have been amended, modified, combined or included with such
content, information, software, or file(s), or the written materials
associated therewith is expressly prohibited.
Any unauthorised
copying and/or sublicensing, or attempt at copying and/or sublicensing,
assignment or transfer of this agreement, shall result in the immediate
termination of this agreement by Eat-in.co.za without notice.
You,
the user, shall be responsible for all use of the information,
content or service accessed through your user account, which may
be determined by cookies, password(s) or authentication certificate(s).
You, the user hereby ratify, guarantee and agree to be personally
liable for any and all obligations entered into or assumed by others
who use the information, content or services through your user
account.
You, the user, hereby acknowledge that certain information,
content, service and/or links may contain objectionable images,
materials, content or information.
Except as expressly permitted
in this User Agreement, neither you, the user, nor your designated
users may reproduce, redistribute, retransmit, publish or otherwise
transfer, or commercially exploit, any information, software or
other content which they receive or access through the service.
ELECTRONIC COMMUNICATIONS
By using this website or communicating with Eat-in.co.za by electronic
means, the user consents and acknowledges that any and all agreements,
notices, disclosures, or any other communication satisfies any legal requirement,
including but not limited to the requirement that such communications should
be "in writing". CHANGES AND AMENDMENTS
This website may include technical or other inaccuracies or typographical errors.
Changes and amendments are periodically made to the information herein and
these changes will be incorporated in any new editions of this website. Eat-in.co.za
reserves the right to make improvements and/or changes or amendments to this
website at any time. Eat-in.co.za reserves the right to change and amend
the prices and rates quoted on this website without any notice.
PRIVACY POLICY
Eat-in.co.za respects your privacy and is committed to privacy protection principles.
This privacy policy statement sets out Eat-in.co.za information gathering and
dissemination practices.
While using this website, information about you may
be either collected by us or provided by you. Such information will become
the property of Eat-in.co.za.
Eat-in.co.za may use this personal information to provide you with information
regarding our products, services, or events from time-to-time.
You may request
that Eat-in.co.za cease sending you such information or request that your
personal information be removed from our database or mailing list at any
time by e-mailing web@Eat-in.co.za.
You may also request access to any
personal information concerning you that Eat-in.co.za holds. The Promotion
of Access to Information Act, 2 of 2000 ("Proatia")
set out and regulated how such a request should be made and under what
circumstances such access may be refused.
You may update or correct your
personal information by e-mailing web@Eat-in.co.za. You may also view
your personal information that we hold and correct it if necessary
on written request to Eat-in.co.za.
Eat-in.co.za does will not disclose
any personal information to anyone except as provided for in this policy.
We may however need to disclose personal information to Eat-in.co.za
employees or agents who require such information to carry out their
duties. There may also be situations where the law requires us to disclose
your personal information. In all other situations, except in the case
of the sale of Eat-in.co.za or its associated services or website(s),
Eat-in.co.za will not disclose your personal information without giving
you prior notice thereof and an opportunity to give your consent thereto.
Eat-in.co.za is not responsible for and gives no warranties or makes
any representations in respect of the privacy policies or practices
of linked or any third party websites.
Eat-in.co.za reserves the right
to alter the terms and conditions of this privacy policy at any time.
You will be responsible for reviewing any such changes each time you
access the Eat-in.co.za website and your continued use of the website
after changes have been posted online, constitutes your acceptance
of this policy as modified by the posted changes.
If you have any questions
or concerns arising from this policy or the way in which we are handling
your personal information, please contact us at web@Eat-in.co.za. TRANSMISSION OF INFORMATION
The user acknowledges that information transmitted via the Internet, including
without limitation e-mail, is susceptible to monitoring and interception.
The user is therefore discouraged from transmitting to Eat-in.co.za any information
that may be confidential, proprietary, or sensitive. The user shall bear
all risk of transmitting such information in this manner and under no circumstances
will Eat-in.co.za be liable for any loss, harm, or damage suffered by the
user as a result thereof. Eat-in.co.za reserves the right to request independent
verification of any information transmitted via e-mail and the user consents
to such verification should Eat-in.co.za deem it necessary.
Any information
or material sent to Eat-in.co.za will be deemed not to be confidential,
unless otherwise agreed in writing by the user and Eat-in.co.za.
LINKING AND FRAMING
It is expressly prohibited for any person, business, entity or website
to link to any page on this website, including the home page, without the
prior written approval of Eat-in.co.za.
It is expressly prohibited for
any person, business, entity, or website to frame any page on this website,
including the home page, in any way whatsoever, without the prior written
approval of Eat-in.co.za. SEARCHING TECHNOLOGY
The use of non-malicious search technology, such as "web-crawlers" or "web-spiders",
to search and gain information from this website is not permitted without our
written consent.
LINKS TO THIRD PARTY SITES
Eat-in.co.za provides links to the user only as a convenience and the inclusion
of any link does not imply Eat-in.co.za's endorsement of such sites.
Linked
websites or pages are not subject to the control of Eat-in.co.za. Eat-in.co.za
shall not be held responsible or liable, directly or indirectly, in any way
for the contents, use, or inability to use or access any linked websites
or any links contained in a linked website. SECURITY
It is expressly prohibited for any person, business, or entity to gain or attempt
to gain unauthorised access to any page on this website, or to deliver or
attempt to deliver any unauthorised, damaging or malicious code to this website.
Any person who delivers or attempts to deliver any unauthorised, damaging
or malicious code to this website or attempts to gain unauthorised access
to any page on this website shall be held criminally liable, and in the event
that Eat-in.co.za should suffer any damage or loss, civil damages will be
claimed.
WARRANTY
You, the user, warrants that you use the Eat-in.co.za web site at your own
risk.
You, the user, acknowledge that no implied warranties, including, without limitation,
warranties of merchantability, title, fitness for a particular purpose, non-infringement,
compatibility, security and accuracy has been given by Eat-in.co.za, its information
providers, licensors, suppliers, employees, agents, and Internet service providers
providing access to the Eat-in.co.za website.
This website and the information,
content and/or services are provided "as
is" and Eat-in.co.za makes no express or implied representations or
warranties with regard thereto. Without limiting the generality of the a
foregoing, Eat-in.co.za, its information providers, licensors, suppliers,
employees, agents, and Internet service providers providing access to the
Eat-in.co.za website does not warrant that the website or information will
be error-free or will meet any particular criteria of performance or quality,
other than those warranties that are implied by and incapable of exclusion,
restriction, or modification under the laws applicable to this User Agreement.
Whilst Eat-in.co.za has taken reasonable measures to ensure the integrity
of this website and its contents, no warranty, whether express or implied
is given that any files, downloads or applications available via this website
are free of viruses, trojans, bombs, time-locks or any other data or code
which has the ability to corrupt, damage or affect the operation of the
user's system. RISK & LIMITATION
OF LIABILITY
The user's use of this website and the information contained therein is entirely
at the user's own risk and the user assumes full responsibility and risk
of loss resulting from the use thereof.
Neither Eat-in.co.za, its affiliates,
or their shareholders, agents, consultants or employees will be liable
for any damages whatsoever, including, without limitation any direct,
indirect, special, incidental, consequential or punitive damages, whether
in an action arising out of contract, statute, delict or otherwise,
relating to the use of, or inability to use, this website or the information
contained therein. While all reasonable steps have been take to ensure
the accuracy and safety of the Eat-in.co.za website, the use of the
products or services advertised on this website are used at the user's
own risk. The user accepts full responsibility and risk of any injury,
damage, or loss resulting from the use thereof. Eat-in.co.za will not
be liable for any personal or physical damage or loss, howsoever caused,
whether directly or indirectly, resulting from the use of the Eat-in.co.za
website. Associated Press Notice
Associated Press text, photos, graphics, audio and/or video materials shall
not directly or indirectly be published, rewritten for broadcast or publication
or redistributed in any medium. Neither these AP materials nor any portion
thereof may be stored in a computer except for personal and non-commercial
use. Subscriber does not hold the AP liable for any delays, inaccuracies,
errors or omissions there from or in the transmission or delivery of all
or any part thereof or for any damage arising from any of the foregoing.
Copyright 1998 Associated Press. All rights reserved. This material may not
be published, broadcast, rewritten, or redistributed.
Reuters Limited Notice
Copyright 1998 Reuters Limited. All rights reserved. Reuters content may not
be stored except for personal, non-commercial use. Republication and re-dissemination
of Reuters content is expressly prohibited without the prior written consent
of Reuters. Reuters shall not be liable for any errors, omissions, interruptions
or delays in connection with the Reuter content or from any damages arising
there from.
SEVERABILITY
These Terms and Conditions of Use constitute the entire agreement between Eat-in.co.za
and you, the user of this website. Any failure by Eat-in.co.za to exercise
or enforce any right or provision of these Terms and Conditions of Use shall
in no way constitute a waiver of such right or provision. In the event that
any term or condition of the use of this website is not fully enforceable
or valid for any reason, such term(s) or condition(s) shall be severable
from the remaining terms and conditions. The remaining terms and conditions
shall not be affected by such unenforceability or invalidity and shall remain
enforceable and applicable.
APPLICABLE LAW
This User Agreement is concluded in the Republic of South Africa , and shall
be governed by and construed in accordance with the laws of the Republic
of South Africa and the jurisdiction of the South African courts. The parties
hereto acknowledge that they are barred from instituting any action or legal
proceeding or process more than one year after the day on which the claim
or cause of action arose.
CONTACT INFORMATION
If you have any questions, queries or wish to request permission to use any
part of this website, including, linking, framing, or searching, please contact
us at:
New Media Publishing
www.Eat-in.co.za
eatin.web@newmediapub.co.za
1st Floor, 70 Prestwich Street , Cape Town 8001
Tel: +27 21 417 1111
Fax: +27 21 417 1112
© 2002 BUYS INCORPORATED ATTORNEYS
All Rights Reserved. No person is allowed to copy or use this document outside
the Naspers Group of companies. Educor, Nasboek and Media24. |