All references to “the Company””, “we”, “us” and “our” in these terms and conditions are deemed to refer to AdMarula (Proprietary) Limited, registration number 2011/009369/07, a limited liability company incorporated in the Republic of South Africa and having its registered address at 5th Floor, Suite 507, 4 Loop Street, Cape Town, 8000.
All references to “you” and “your” are deemed to refer to any user and/or visitor of www.admarula.com (“Website“).
Acceptance of terms
The Company permits the use of this Website subject to these terms and conditions (“Terms and Conditions“). By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to the Terms and Conditions.
Use of the Website
1.1 You may only use the Website if you are 18 years of age or older.
1.2 You agree that you will not use any device, software or other instrument to interfere or attempt to interfere with the proper working of this Website. In addition, you agree that you will not use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorised Company representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).
1.3 You may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.
1.4 You may not display, publish, copy, print, post or otherwise use the Website and/or the information contained therein for the benefit of any other website without the express prior written consent of an authorised Company representative.
Ownership and copyright
1.5 The contents of this Website, including any information, software, icons, text, graphics, lay-outs, images, sound clips, trade names, logos, trade marks and service marks are protected by law, including but not limited to copyright and trade mark law, and are owned by or licensed to the Company.
1.6 No licence to or right in any of such contents is granted to or conferred upon you. Any unauthorised use, distribution or reproduction of the said contents is prohibited.
1.7 Any person who accesses this Website or relies on this Website or on the information contained in this Website does so at his or her own risk.
1.8 While the Company takes reasonable measures to ensure that the contents of this Website are accurate and complete, the Company makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of this Website or as to the accuracy, completeness or reliability of any information on this Website.
1.9 All INFORMATION PROVIDED ON THIS WEBSITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPLETENESS, OR NON-INFRINGEMENT, AS MAY BE ALLOWED IN LAW.
1.10 The Company does not accept any responsibility for any errors or omissions on this Website.
1.11 In addition to the disclaimers contained elsewhere in these Terms and Conditions, the Company also makes no warranty or representation, whether express or implied, that the information or files available on this Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise or jeopardise the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way.
Linked third party websites
1.12 This Website may contain links or references to other websites (“Third Party Websites”) outside of our control, including those of advertisers. These Terms and Conditions do not apply to those Third Party Websites and the Company is not responsible for the practices and/or privacy policies of those Third Party Websites or the cookies that those sites may use.
1.13 Notwithstanding the fact that this Website may refer to or provide links to Third Party Websites, your use of such Third Party Websites is entirely at your own risk and WE ARE NOT RESPONSIBLE FOR ANY LOSS, EXPENSE, CLAIM OR DAMAGE, WHETHER DIRECT, INDIRECT OR CONSEQUENTIAL, ARISING FROM YOUR USE OF SUCH THIRD PARTY WEBSITES or your reliance on any information contained thereon.
No Hyperlinks or Deep Linking
1.14 You may not establish a hyperlink, frame, metatag or similar reference, whether electronically or otherwise, to this Website or any subsidiary pages without the prior written consent of an authorised Company representative. If the Company elects to grant such consent, it may be granted subject to such conditions as the Company may specify from time to time.
1.15 Furthermore, you are not permitted to “deep link” to this Website or to “frame” any part of this Website.
Limitation of liability
1.16 THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL INJURY, LOSS OR DAMAGES WHICH MIGHT ARISE FROM YOUR USE OF, OR RELIANCE UPON, ANY MATERIAL OR CONTENT CONTAINED IN, OR INABILITY TO USE, AND/OR UNLAWFUL ACTIVITY ON, THE WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE, UNLESS SUCH LOSS OR DAMAGES ARISE DUE TO THE GROSS NEGLIGENCE OF THE COMPANY.
1.17 YOU HEREBY INDEMNIFY THE COMPANY AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH MAY BE INCURRED BY US ARISING IN ANY WAY FROM YOUR USE OF THIS WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.
Changes to these Terms and Conditions
The Company reserves the right to update and/or amend the Terms and Conditions from time to time and without any notice, and you are accordingly encouraged to check the Website regularly. Any such change will only apply to your use of this Website after the change is displayed on this Website. If you use this Website after such updated or amended Terms and Conditions have been displayed on this Website, you will be deemed to have accepted such updates or amendments.
Availability and termination
1.18 We will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and reserve the right to discontinue providing the Website or any part thereof with or without notice to you.
1.19 The Company may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that the Company will not be liable to you in the event that it chooses to suspend, modify or terminate this Website.
These Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.