INDABA 2014

Terms & Conditions

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SITE. IF YOU DO NOT AGREE WITH THESE TERMS OF USE AND DO NOT WISH TO BE BOUND BY THEM, PLEASE DO NOT USE THE SITE, SUBMIT ANY OF YOUR CONTENT TO THIS SITE OR PARTICIPATE IN THE COMPETITIONS OR OTHER ACTIVATIONS VIA THIS SITE.

THESE TERMS AND CONDITIONS REPLACE IN THEIR ENTIRETY, ALL PREVIOUS TERMS AND CONDITIONS GOVERNING YOUR USE AND ENJOYMENT OF THIS SITE.

BY CONTINUING TO USE THIS SITE YOU EXPRESSLY AGREE TO THESE TERMS OF USE WHICH COME INTO FORCE IMMEDIATELY UPON YOUR MAKING USE OF THE SITE AND YOU FURTHER AGREE THAT SOUTH AFRICAN LAW SHALL GOVERN ALL USE OF THIS SITE AS WELL AS ANY INTERPRETATION OR ADJUDICATION OF THESE TERMS OF USE, THE PRIVACY POLICY AND ALL OTHER TERMS AND CONDITIONS WHICH MAY APPEAR FROM TIME TO TIME UPON THIS SITE.

Version 2
Last Updated: 1 October 2009

  1. General

    1. In these Terms and Conditions:

      1. “Content” means all articles, audio material, images, illustrations, photographs, text, videos and other materials which may be available upon the Site from time to time (including any Intellectual Property rights attendant to such Content), whether provided by Us or uploaded by a User including but not limited to Content sent via chat services, bulletin boards or articles submitted for publication upon this Site or using any of the Website Services;

      2. “Intellectual Property” means:

        1. Content;

        2. trademarks and trade names, whether registered or unregistered, including any pending trademark applications;

        3. domain names and/or any domain name registrations and any variations thereof now and in the future;

        4. getup and/or trade dress and/or trading style;

        5. any software code, software architecture, look and feel of software;

        6. all copyright attendant to all material available upon the Site; or

        7. any other Intellectual Property, owned by or licensed to Us;

        in each case in any part of the world and including all goodwill attached to such items;

      3. "Linked Sites’ means links to third party websites, provided upon the Site;

      4. “Merchandise” means goods and services that may be purchased through Merchants;

      5. “Merchants” means third party companies other than SAT that offer Merchandise via third party websites that are linked to the Site (including without limitation co-branded websites);

      6. the “Site” means www.southafrica.net as well as any and all other sites that may be established from time to time which are owned, operated and/or controlled by SAT;

      7. “SAT/We/Our/Us” means, for the purposes of all terms and conditions and the Privacy Policy contained on the Site, South African Tourism with its registered offices at Bojanala House, 90 Protea Road, Chislehurston, Sandton, 2196, South Africa; its affiliated or related entities, its respective employees, or agents, its licensees, and any person or entity involved in the creation, production, and distribution of this Site;

      8. “Terms of Use” means these Terms and Conditions;

      9. “User” means any person making use of the Site;
      10. “Website Services” means the Site, services offered via the Site (i.e. bulletin boards, chat, etc) or merchandise which may be offered upon the Site, but excluding any such services offered by third parties, including Linked Sites;

      11. “You/Your” means You the User.

    2. SAT reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms of Use at any time.

    3. It is Your sole responsibility to check the version number and date of the Terms of Use from time to time and to familiarise yourself with any changes made. By continuing to use the Site and/or Website Services thereafter, You expressly agree to be bound by the modified Terms of Use.

    4. SAT retains the right to deny access, through whatever means it deems fit, to anyone who We believe has violated any of these Terms of Use.

    5. These Terms and Conditions as well as the General Competition Terms and Conditions, Privacy Policy and any competition specific terms and conditions, may be published in a number of languages. It is only the English version that is the official version and the legal basis of the relationship between You and Us and in the case of any discrepancy between a non-English version and the English version, the English version shall prevail.

  2. User Submissions to the Site

    1. You may submit Content to the Site, which Content may be viewed by all Users of the Site.

    2. When You submit Content to the Site, You agree that SAT has the right, but is not obliged, to publish or otherwise use Your Content or any of its elements for any purpose whatsoever associated with SAT and/or South Africa, including promotional and advertising purposes; without necessarily crediting such content to You.

    3. By submitting Content to SAT for publication, You expressly grant Us a perpetual, non-revocable, royalty-free licence to make use of such Content as We see fit in furthering Our objectives.

    4. You hereby expressly agree that no payment shall be owed to You by SAT and/or any third party, in respect of the use of the Content submitted by You to the Site.

    5. You hereby expressly acknowledge and agree that SAT may from time to time stipulate technical specifications regarding the submission of Content by You to the Site, which shall be indicated on the Content upload page.

    6. SAT shall not be obliged to return any Content submitted by You to the Site.

  3. Your Responsibilities

    1. You agree that You will not use the Site or any of the Website Services as follows:

      1. to send, receive, upload, download, store, use, distribute or publish any material that is offensive, abusive, indecent, defamatory, obscene, or in breach of any other person's Intellectual Property rights or breaches any obligation of confidentiality by which You are bound; or

      2. for any purposes connected to any business, including sending any unsolicited advertisements or promotional material.

    2. You shall not submit footage of yourself partaking in activities that are illegal and/or inherently dangerous or reckless or where someone attempting to copy the activities performed by You may be injured or harmed.

    3. Although SAT reserves the right to do so, We are not obliged to moderate any Content submitted by You to ensure that it complies with applicable laws or regulations. It is Your sole responsibility to ensure that any Content submitted by You to the Site complies with all applicable laws and regulations in South Africa as well as in the jurisdiction in which You reside.

  4. SAT’s Responsibilities

    1. SAT has the right, but not the obligation, to monitor and moderate any Content submitted to the Site and reserves the right, without notice to You, to remove any Content from the Site or to suspend or alter the operation of the Site or any Website Services, in its sole discretion for any reason whatsoever.

    2. If a fault occurs in Your use of the Site or Website Services, You should report the fault to Us by contacting Our call centre on +27831236789 or submitting an enquiry on the Site and We will attempt to correct such fault as soon as reasonably possible.

  5. Promotions and Competitions

    1. SAT may, from time to time, offer certain promotions and competitions which shall be subject to General Competition Terms and Conditions and may also have separate terms, conditions or rules that are promotion or competition specific.

    2. In addition to the General Competition Terms and Conditions and the promotion or competition specific terms and conditions, these Terms of Use shall apply to any promotion or competition which may be conducted from time to time.

    3. In the event of a conflict between these Terms of Use and the General Competition Terms and Conditions and/or promotion or competition specific terms and conditions, the General Competition Terms and Conditions and/or promotion or competition specific terms and conditions shall prevail.

    4. Where You wish to participate in any promotion or competition, it is Your sole responsibility to ensure that the promotion or competition complies with all applicable laws and regulations in the jurisdiction in which You reside.

    5. You hereby indemnify and hold SAT harmless against any and all loss or damage caused as a result of Your participation in a promotion or competition that is deemed to be illegal in the jurisdiction in which You reside.

  6. Warranties

    1. SAT makes no representation or warranty that the Site and Website Services will be:

      1. accessible;

      2. useable by You;

      3. error-free nor that defects will be corrected;

      4. free of viruses, malicious code or other harmful components.

    2. The material that You may access upon this Site is provided solely for entertainment and promotional purposes. SAT does not warrant nor make any representations regarding the use, or the results of the use, of the materials upon this Site in terms of their correctness, accuracy, reliability, or otherwise.

    3. You represent and warrant that:

      1. The Content submitted by You and all material contained therein will not infringe any rights of any third party and that it either originates from You and/or You have obtained permission from all relevant third parties to use all such material, including without limitation video footage, photographs and music that are contained in the Content;

      2. It is legal for You to make use of this Site and the Website Services within the jurisdiction in which You reside.

    4. Except as provided in these Terms of Use, and to the extent provided by law, all warranties whether express or implied, including warranties as to merchantability, fitness for a particular purpose, safety, quality, freedom from defects or non-infringement, are hereby excluded by Us.

  7. Intellectual Property

    1. All Intellectual Property on the Site is protected by copyrights, trademarks, and other Intellectual Property rights which are owned and controlled by SAT or by third parties that have licensed their material to SAT.

    2. Content may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, including by e-mail or other electronic means where You have received written permission from Us by sending a request to privacy@indaba-southafrica.co.za and We are credited for the use of such Content.

    3. SAT however, reserves the right in its sole discretion, to require that You remove such Content where it has been copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, and You hereby expressly agree to comply with such request.

  8. Indemnity and Limitation of Liability

    1. You hereby acknowledge that SAT shall not be responsible nor liable to any person or entity whatsoever for any loss or damage whatsoever resulting from the use of this Site or Website Services or Your submission of Content onto the Site in contravention of these Terms of Use; and You expressly indemnify and hold SAT harmless, from any such loss or damage suffered by You.

    2. By way of example, and without limiting the generality of the foregoing, SAT shall not be responsible nor liable for any claim or damage arising from failure of performance, error, omission, interruption, deletion, defect, delay in operation, computer virus, theft, destruction, unauthorised access to or the reliance upon or use of data, information, opinions or other materials appearing upon this Site.

    3. You expressly acknowledge and agree that SAT shall not be liable nor responsible for any defamatory, offensive or illegal conduct of Users or third parties.

    4. The Linked Sites are for Your convenience only, and You access them at Your own risk. SAT shall not be responsible for the content of the Linked Sites, whether or not SAT is affiliated with sponsors of such Linked Sites.

    5. SAT does not in any way endorse the Linked Sites.

  9. Merchandise

    1. Merchandise is subject to separate terms and conditions between You and the applicable Merchant. You acknowledge that the applicable Merchant (and not SAT) is solely responsible for the fulfillment of orders for such Merchandise and for the quality, suitability and fitness for purpose thereof.

    2. You also acknowledge that the selection of any Merchant or the purchase of any item of Merchandise from the information available upon the Site or the Merchant's Website is solely Your choice.

    3. Any disputes or questions relating to the Merchandise shall be directed to the Merchant in question and You acknowledge that SAT shall not have any responsibility, obligations or liability in relation to the Merchandise.

    4. Should SAT decide at any time to offer its own goods and services upon the Site, the purchase and use of such goods and services will be subject to these Terms of Use and any other Terms and Conditions that SAT may deem necessary.

  10. Consent to Use Your Personal Information

    1. For the purposes of the Electronic Communications and Transactions Act No 25 of 2002 and/or any subsequent equivalent or related act or legislation, You acknowledge that in the course of registering and using this Site and the Website Services, certain personal information or data about You will be captured electronically or otherwise and transmitted to SAT.

    2. By using the Site, submitting any of Your Content to the Site and/or participating in competitions or other activations via this Site, thus accepting these Terms of Use, You expressly agree to the collection, collation, processing, storage, monitoring or disclosure of any personal information and the transfer of such personal information or data to SAT, solely for the purposes of providing the Website Services and in accordance with the Privacy Policy.

    3. For more information about the purposes for which SAT may use Your personal information, please read the Privacy Policy displayed upon this Site. 10.1 For the purposes of the Electronic Communications and Transactions Act No 25 of 2002 and/or any subsequent equivalent or related act or legislation, You acknowledge that in the course of registering and using this Site and the Website Services, certain personal information or data about You will be captured electronically or otherwise and transmitted to SAT.

  11. Termination

    1. SAT may terminate these Terms of Use with respect to You immediately without notice:

      1. If for any reason We decide to discontinue the Site;

      2. If We believe that You have breached these Terms of Use or any other Terms and Conditions relating to the Site;

      3. If Your participation has been in any way improper or breaches the spirit of these Terms of Use; or

      4. For any other reason We see fit.

  12. Miscellaneous

    1. These Terms of Use, together with the General Competition Terms and Conditions and the promotion or competition specific Terms and Conditions, where applicable, and the Privacy Policy, form the entire agreement between You on the one hand and SAT on the other hand and supersede any other oral or written communications, agreements or representations with respect to Your use of this Site and Website Services.

    2. If any part of these Terms of Use is held by a court of competent jurisdiction to be unenforceable, the validity of the remainder of these Terms of Use will not be affected.

    3. No indulgence granted by SAT to You should be construed as a waiver of any of Our rights in terms of these Terms of Use.

    4. If SAT is unable to perform any obligation under these Terms of Use because of a matter beyond its reasonable control, including (but not limited to) fire, flood, explosion, war, civil disorder, industrial disputes (whether or not involving its employees), or other disasters or governmental laws and regulations imposed after the fact, or events beyond the reasonable control of SAT, We shall bear no liability for that failure to perform.

    5. These Terms of Use are governed by the laws of South Africa, and subject to the non-exclusive jurisdiction of the South African Courts.