Terms & Conditions

Terms and Conditions of  Use

1. Acknowledgement and acceptance:

The user’s access to and use of the Bakwena website (“the site”) shall be subject to the following terms and conditions. Bakwena reserves the right, in its sole discretion, to amend these terms and conditions from time to time at which time the new terms and conditions will come into effect with immediate effect in respect of any further use of the site. By accessing this site the user agrees to be bound by these terms and conditions. The user’s continued use of the site following the posting of any changes to the terms of use will constitute acceptance of such changes.

2. Right of access

Bakwena hereby grants to the user a personal, non-exclusive right to use and display all content and software included on the site on any computer of which the user is the primary user.

3. Privacy

Bakwena shall not disclose personal data of a user to any third party. Bakwena may use cookies and other software to build up a profile for a user. Bakwena will be entitled in its sole discretion and without notice having been given to the user, to provide user information and records pursuant to an order of court or otherwise as it may be compelled to do by law.
The user acknowledges that communications on the site can be monitored or reviewed for quality control and all other reasonable business purposes and that same will not constitute an invasion of the user’s privacy by Bakwena.

4. User’s obligations

The user shall be responsible for any use of the site accessed through the user’s account, as defined by any user identification mechanism and the user hereby agrees to be personally liable for any and all obligations entered into or assumed by others who access the site through the user’s account.
The user shall not copy any of the content or software on the site nor shall the user reproduce, redistribute, retransmit, publish or otherwise transfer or exploit any information, software or other content which the user receives or accesses through the site without first obtaining Bakwena’s consent. Bakwena reserves the right to forthwith terminate this agreement and to institute legal action, should such infringement occur.
The user agrees not to:
add any material to the site;
upload, post or otherwise publish on or over the site any software, file, information, communication or other content;
use the site for illegal purposes or for the transmission of material that may violate or infringe upon the rights of any other person, is defamatory, abusive, profane, pornographic, offensive, obscene, threatening or otherwise objectionable;
interfere with or disrupt the site, servers or network;
utilise the site to penetrate, gain unauthorised access to or to circumvent any security measures implemented by Bakwena;
add to, delete or in any way interfere with the content of the material on the site.
reverse engineer or decompile any software used on the site, remove or obscure any copyright or trademark;
transmit any computer viruses or the like which may cause interruption to the site.

5. Indemnity

Bakwena shall not be held responsible for any injury, loss, expense or damage of any kind whatsoever suffered or incurred by any user as a result of the user accessing, using the site or relying on any information contained on the site for any reason whatsoever. The user hereby indemnifies Bakwena, its shareholders, contractors, officers and employees and holds them harmless against all demands, claims or actions which may be instituted against Bakwena for loss or damage incurred by the user and/or a third party arising directly or indirectly from the user’s use or accessing of the site.

6. Proprietary rights of Bakwena

Bakwena reserves all copyright and other rights in and to any content, text, software, photographs and graphics available on the site which is proprietary to Bakwena, its shareholders or third parties.

7. Warranties

The user expressly agrees that use of the site is at user’s sole risk. Bakwena expressly disclaims all warranties of any kind, whether expressed or implied.

8. Termination

The user acknowledges that in the event that the user commits a breach of the above terms of use for the site, Bakwena shall be entitled to forthwith terminate the user’s use of the site and to institute legal proceedings for any loss or damage suffered by Bakwena howsoever arising from that use, whether such loss or damage is consequential, special, punitive, direct or indirect including, but not limited to, an interruption in business, loss of information or data.

9. Contact

The user is requested to report any violations of the terms and conditions of use and any problems with the site to Bakwena at email address info@bakwena.co.za.

10. General Provisions

This agreement is governed by the laws of the Republic of South Africa.
Failure or neglect by Bakwena at any time to enforce any of the provisions of this agreement shall not be construed as a waiver of its rights and Bakwena shall not thereby be prejudiced or stopped from exercising any of its rights against the user which may have arisen in the past and which may arise in the future.
This agreement constitutes the whole agreement between the parties and no other warranty or undertaking shall be valid unless contained in this agreement.