1. Acknowledgement and acceptance:
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.
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.
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.
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.
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 firstname.lastname@example.org.
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.