Giggel.co.za

TERMS OF USE AGREEMENT

PLEASE READ THESE TERMS OF USE CAREFULLY BECAUSE THEY DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES

This is the official Terms of Use “Agreement”) for Giggel.co.za (“Site,” “we,” “us,” or “our”), an Internet website.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. By using this website, you signify your assent to these terms of use. If you do not agree to these terms of use, you may not use this website in any manner whatsoever.

These terms make reference to sections of the Electronic Communications and Transactions Act, 25 of 2002 (hereinafter “the ECT Act”), promulgated in the Republic of South Africa, a copy of which may be obtained at http://www.internet.org.za/ect_act.html.

1. TERMS OF USE
Your use of this website will at all times be subject to these terms of use, as may be amended from time to time. It is your responsibility to continually stay abreast of changes to these terms. These terms and conditions regarding your use of the Site constitute a legally binding agreement between you and the Site owners and all other involved entities. In this Agreement, the term “Site” includes all websites and web pages within the Site as well as any equivalent, mirror, replacement, substitute or backup websites and web pages that are associated with the Site. By using this Site, you understand, acknowledge and agree that you will abide by the terms of this Agreement and any additional terms that govern certain products and services, which will be presented in conjunction with those products and services (“Additional Terms”), including the User Content Submission Agreement which governs your submission of User Content as such term is defined therein. The Site may also provide rules of participation (“Rules”) for certain activities and services including, but not without limitation, contests and sweepstakes, award programs, membership clubs, email, and dating services. The Site’s Additional Terms, Privacy Policy and the Rules are hereby incorporated in this Agreement by reference. To the extent that there is a conflict between this Agreement and Additional Terms for the activity in which you choose to participate, the Additional Terms shall govern. To the extent that there is a conflict between this Agreement and the specific Rules for the activity in which you choose to participate, this Agreement shall govern. This Agreement will remain in full force and effect as long as you are a user of the Site and in the event of termination of any membership, service or feature, you will still be bound by your obligations under this Agreement, the Privacy Policy, any Additional Terms or Rules, including any indemnifications, warranties and limitations of liability.

The words “use” or “using” in this Agreement, means any time an individual (a “user”), directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with use, display, view, print or copy from the Site, transmit, receive or exchange data or communicate with the Site, or in any way utilizes, benefits, takes advantage of or interacts with any function, service or feature of the Site, for any purpose whatsoever. This Agreement does not cover your rights or responsibilities with respect to third party content or sites or any links that may direct your browser or your connection to third party sites or pages. This is the entire and exclusive Agreement between you and us regarding use of the Site and it cannot be modified, except as specifically described below in Section 2.

2. MODIFICATIONS

We reserve the right, at any time and from time to time, for any reason in our sole discretion, to change the terms of this Agreement. We will post or display notices of material changes on the Site and we may also e-mail you about these changes. Once we post them on the Site, these changes become effective immediately and if you use the Site after they become effective it will signify your agreement to be bound by the changes. You should check back frequently and review the terms and conditions of this Agreement regularly so you areaware of the most current rights and obligations that apply to you and the terms and conditions of your agreement with us.

3. Limitations

The use of this website is at your OWN risk. While we endeavour to ensure that the information on this site is accurate and complete, we make no warranties about the accuracy, reliability, completeness or timeliness of information published on this website. Whilst we endeavour to ensure that our website is always accessible, we make no warranties or representations as to the level of uptime or speed of access that can be expected. The information on this website is intended for general information purposes only and is not intended to serve as financial, legal or other advice.
TO THE MAXIMUM EXTENT POSSIBLE UNDER APPLICABLE LAW, WE DISCLAIM LIABILITY FOR ANY CLAIM, LOSS, INJURY OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH THE USE OF INFORMATION AND/OR GOODS AND/OR SERVICES AVAILABLE FROM OR THROUGH THIS WEBSITE, WHETHER DIRECT OR INDIRECT INCLUDING, WITHOUT LIMITATION, ANY LIABILITY RELATING TO ANY LOSS OF USE, INTERRUPTION OF BUSINESS, LOST PROFITS OR LOST DATA, OR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND.
YOU UNDERTAKE TO INDEMNIFY US FROM ANY CLAIM, LOSS, DAMAGE OR INJURY OF WHATSOEVER KIND THAT MAY ARISE OUT OF OR IN CONNECTION WITH YOUR USE AND/OR PUBLICATION OF INFORMATION ON THIS WEBSITE AND/OR THE PURCHASE OR USE OF GOODS AND/OR SERVICES AVAILABLE FROM OR THROUGH THIS WEBSITE.

4. SALE OF LIQUOR
To the extent that this website may market, promote or advertise the sale of liquor, it is not intended for persons under the age of 18 years and you are advised that liquor may not by law be sold or supplied to persons under the age of 18 years.

5. OWNERSHIP OF INTELLECTUAL PROPERTY

We take protection of copyrights, both our own and others, very seriously. If you believe that the Site contains elements that infringe your copyrights in your work, please follow the procedures set forth in our Copyright Compliance Policy. Please contact us at grappies@Giggel.co.za indicating where the problem is. We respects the intellectual property of others, and requires that our users do the same. If you believe that your work has been copied and is accessible on this site in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please follow our instructions for reporting copyright infringements.

The proprietary information on this website may be downloaded or printed for your own non-commercial use only, provided you do not delete or change any copyright, trademark, or other proprietary notices, or distort or otherwise modify the proprietary information in a manner that may be prejudicial to us.
All rights not expressly granted in terms of these terms of use are reserved. Any use of our proprietary information by you, otherwise than expressly authorised in terms hereof, may violate copyright laws, trademark laws and other regulations and statutes and be liable for criminal prosecution and/or civil liability.
In respect of any submitted data, which shall include, without limitation, information, data and media:-

• you agree to extend to us a perpetual, royalty-free licence to publish such submitted data on our site;
• we will be entitled to treat such submitted data as non-confidential; and
• you warrant and represent that submitted data shall not infringe any party’s rights or contravene any applicable legislation.

You must not alter, delete or conceal any copyright or other notices contained on the Site, including notices on any Material you download, transmit, display, print or reproduce from the Site. We require users to respect our copyrights, trademarks, and other intellectual property rights. We likewise respect the intellectual property of others. On notice, we will act expeditiously to remove content on the Site that infringes the copyright rights of others and will disable the access to the Site and its services of anyone who uses them to repeatedly to infringe the intellectual property rights of others.

6. ADVERTISING
From time to time, you may communicate with, receive communications from, be re-directed to, interact with, or participate in or use the services or obtain goods and services of or from, third parties (collectively, the “Advertisers”) such as our advertisers, sponsors, or promotional partners as a result of your use of the Site. All such communication, interaction and participation is strictly and solely between you and such Advertisers and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Advertiser or any goods or services you may purchase or obtain from any Advertiser).

We use third-party advertising companies to serve ads when you visit our website. These companies may use information (not including your name, address, email address, or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services of interest to you. If you would like more information about this practice and to know your choices about not having this information used by these companies, click here.

7. PRIVACY OF PERSONALLY IDENTIFIABLE INFORMATION
Oth erwise than set out in clause 6, 7.1 and 7.2, we will not disclose any personally identifiable or payment-related information (collectively “personal information”) to third parties without obtaining your prior consent.

7.1 We reserve the right to disclose aggregate and personally non-identifiable information to third parties.
7.2 We will however not be prohibited from making personal information available within our group of companies or to our marketing agents for marketing purposes, subject thereto that such parties agree to observe the provisions of clause 7 above.

8. AUTHENTICATED SERVICES
In the event that we issue you with login credentials:-

• it is your responsibility to ensure the secrecy of your login credentials;
• any activity on our website authenticated with your login credentials shall be deemed binding on and attributable to you; and
• unless otherwise agreed in writing, we may suspend or terminate access to any services on our website without notice to you.

In terms of section 86 of the ECT Act you are notified that it is a criminal offence to gain unauthorised access to any restricted areas of this website or to otherwise interfere with the proper functioning thereof.

9. LINKING AND FRAMING
You may not establish a link to this website from a third party site, unless:

• The link does not imply any association, endorsement or sponsorship by us of such website or any products or services offered on such site.
• The linked pages from the website are displayed without alteration of any kind; specifically, you may not cause a user’s web browser to display a “framed” version of this web site in response to activating a link.
• The appearance, availability, or your use of URLs or hyperlinks referenced or included anywhere on the Site or any other form of link or re-direction of your connection to, with or through the Site, does not constitute an endorsement by, nor does it incur any obligation, responsibility or liability on the part of the Site, partners or any of their Affiliates, any of their successors and assigns, and any of their respective officers, directors, employees, agents, representatives, licensors, Advertisers, suppliers, and operational service providers. We do not verify, endorse, or have any responsibility for, any such third party sites, their business practices (including their privacy policies), or any goods or services associated with or obtained in connection with any such site, whether the Site’s or any of their Affiliates’ logo or sponsorship identification is on the third party site as part of a co-branding or promotional arrangement. If any third party site obtains or collects Personal Information from you, in no event shall we assume or have any responsibility or liability. Please read our Privacy Policy which describes how we collects and uses your Personal Information and co-branding relationships.

10. AUTOMATED ACCESS AND RESALE
Other than bona fide public search engines, you may not access any pages in this website using a computer program or an electronic or other automated means used independently to initiate an action or respond to data messages or performances in whole or in part, including, without limitation, any web spiders, crawlers, or similar technologies.
You may not in any manner resell this service, unless expressly authorised to do so in writing.

11 RESPONSIBLE USE OF WEBSITE
To the extent possible on this website, you may not use this website or any related hosting infrastructure to:-

• send or post unsolicited commercial communications;
• publish information or material that:-

• contains a visual presentation of explicit violent sexual conduct, bestiality, incest or rape or extreme violence which constitutes incitement to cause harm;
• results in any unreasonable invasion of privacy;
• induces an unacceptable sense of fear or anxiety;
• encourages or incites any person to engage in dangerous practices or to use harmful substances;
• induces or promote racial disharmony;
• causes grave or widespread offence;
• debases, degrade or demeans; or
• is unacceptable in our view.
• be libelous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit or sexually suggestive, racially, culturally, or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, or abusive, or which may or may appear to impersonate anyone else;
• affect us adversely or reflect negatively on us, the Site, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of the Site, or from advertising, linking or becoming a supplier to us in connection with the Site;
• send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called “spamming” and “phishing”;
• transmit, distribute or upload programs or material that contain malicious code, such as viruses, timebombs, cancelbots, worms, trojan horses, spyware, or other potentially harmful programs or other material or information;
• forge any TCP/IP packet header or part of the header information in any email or newsgroup posting for any reason;
• violate any laws, regulations, judicial or governmental order, any treaties or violate or infringe upon any intellectual property rights, rights of publicity or privacy, or any other rights of ours or of any other person, firm or enterprise; gain unauthorized access to the Site, other users’ accounts, names, passwords, personally identifiable information or other computers, websites or pages, connected or linked to the Site or to use the Site in any manner which violates or is inconsistent with the terms and conditions of this Agreement;
• modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the Site or the rights or use and enjoyment of the Site by any other person, firm or enterprise; or
• collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any material or information, whether personally identifiable or not, posted by or concerning any other person, firm or enterprise, in connection with their or your use of the Site, unless you have obtained the express, prior permission of such other person, firm or enterprise to do so.

12 ELECTRONIC COMMUNICATIONS
Any communication or material you transmit to us by electronic mail or otherwise, including, but not limited to, any data, questions or answers, comments, suggestions, or the like, will be treated as non-confidential and non-proprietary by us, unless expressly agreed otherwise in writing. To the extent that your submissions may be published on this website, such publication shall at all times be subject to our discretion whether to display, edit or delete such submissions. Electronic communications shall only be deemed to have been received if and when responded to in a manner, other than by way of an automated response.
Electronic communications, including all attachments thereto, transmitted to you by us are subject to the following specific terms:-

• Information contained in electronic communications must be regarded as confidential and intended solely for the use of the intended recipient. Any unauthorised disclosure, copying, distribution or action in reliance upon the contents of this electronic communication is strictly prohibited and unlawful.
• Whilst we employ virus filtering, we provide no guarantees or warranties that electronic communication will be virus-free. You are accordingly advised to employ your own virus scanning tools.
• The views expressed in any electronic communications transmitted are those of the individual sender, unless the context clearly provides otherwise.

13. POSTINGS
Your comments, suggestions and information are important to us. Portions of this Site may provide you and other users an opportunity to participate in forum services, blogs, web communities and other message and communication facilities (“Communities”) and may provide you with the opportunity, through such Communities or otherwise, to submit, post, display, transmit and/or exchange

(a) information, ideas, opinions, messages or other information (“Post” or “Postings”) and

(b) User Content (as defined in the User Content Submission Agreement), your submission of which is also governed by the terms and conditions therein, and considered a Posting for purposes of this Agreement. You understand, acknowledge and agree that such Postings are the sole responsibility of the person from which such Postings originated. This means that you are solely and entirely responsible for the consequences of all Postings that you upload, post, email, transmit or otherwise make available via the Site. Postings do not reflect the views of the Site or the Affiliates. We reserve the right to monitor, edit or screen any Postings. If we determine, in our sole discretion and judgment, that any Posting does or may violate any of the terms of this Agreement, we reserve the right, at any time and without limiting any and all other rights we may have under this Agreement, at law or in equity, to:

(a) refuse to allow you to Post;

(b) remove and delete Postings;

(c) revoke your right to use the Site; and/or

(d) use any technological, legal, operational or other means available to us to enforce the provisions of this Agreement, including, without limitation, blocking specific IP addresses or deactivating your registration on the Site.

If a Posting originates from you or your account, you hereby agree that:

(a) you specifically authorize the Site and their Affiliates to use such Posting in whole or in part, throughout the universe, in perpetuity in or on any and all media, now known or hereafter devised, and alone or together or as part of other information, content and/or material of any kind or nature;

(b) you represent and warrant that (i) the Posting is original to you and/or fully cleared for use as contemplated herein, (ii) the Posting does and will not, in any way, violate or breach any of the terms of this Agreement, (iii) the Posting does not contain libelous, tortious, or otherwise unlawful information, infringe or violate any copyright or other right, or contain any matter the publication or sale of which will violate any federal or state statute or regulation, (iv) the Posting is not obscene or in any other manner unlawful, (v) the Posting shall not be injurious to the health of the user, and (vi) we shall not be required to pay or incur any sums to any person or entity as a result of our use or exploitation of the Posting and

(c) if your Posting incorporates the name, logo, brand, service or trademark, voice, likeness or image of any person, firm or enterprise, you specifically represent and warrant that (i) you have the right to grant the Site and their Affiliates the right to use all such Postings as described above, (ii) the Posting was produced in compliance with all applicable laws and regulations and in addition, you specifically acknowledge and agree to abide by our policies regarding governmental certification procedures relating to the foregoing identification verification and record-keeping procedures and, if applicable, you will promptly comply with any specific requests or directions we give you in connection with Postings you submit that may be subject to these requirements.

You understand, acknowledge and agree that we have the right to delete, re-format and/or change your Postings in any manner that we may determine (although you will not be responsible for any such changes made). The amount of storage space on the Site per user is limited. Some Postings may not be processed due to space constraints or outbound message limitations. You understand, acknowledge and agree that we assume no responsibility for deletion of Postings or any failure to store, receive or deliver Postings in a timely manner or any other matter relating to Postings.

If you believe that any content on the Site (including, without limitation, Postings) violates any of the terms of this Agreement (except for any notices covered by the Copyright Compliance Policy), please send us a message about it.

14. CONTESTS, SWEEPSTAKES, AUCTIONS AND PROMOTIONS
From time to time, Site and Affiliates or the Site’s operational service providers, suppliers, and Advertisers, may conduct promotions on or through the Site, including, without limitation, auctions, contests and sweepstakes (“Promotions”). Each Promotion may have Additional Terms and/or Rules which will be posted or otherwise made available to you and, for purposes of each Promotion, will be deemed incorporated into and form a part of this Agreement.

15. ENFORCEABILITY
Each provision of these terms of use will be severable from the other provisions. Should any provision be found by a Court of competent jurisdiction to be invalid or unenforceable for any reason, the remaining provisions of these terms of use shall nevertheless remain binding and continue with full force and effect.

16. JURISDICTION
Subject to clause 17 below, this Agreement shall be governed by and construed and interpreted in accordance with the law of the Republic of South Africa. The parties agree that the High Court of South Africa, Cape Division, shall have exclusive jurisdiction to hear any disputes that may arise from this Agreement. For the purpose of all proceedings hereunder the parties consent to the jurisdiction of the magistrates’ court having territorial jurisdiction, notwithstanding that such proceedings are otherwise beyond its jurisdiction. This clause shall be deemed to constitute the required written consent conferring upon the said court pursuant to section 45 of the Magistrates’ Court Act, 1994, provided, nevertheless, that any party shall have the right at its sole option and discretion to institute proceedings in any other competent court.

17. INDEMNIFICATION
You agree to indemnify, defend and hold the Site and any of their Affiliates, or any of their successors and assigns, and any of their respective officers, directors, employees, agents, representatives, licensors, Advertisers, suppliers, and operational service providers harmless from and against any and all claims, actions, losses, expenses, damages and costs (including attorneys’ fees), resulting from any breach or violation of this Agreement by you, or public posting of your Postings.

18. AMENDMENTS
We reserve the right to revise these terms of use at any time, with the revised terms taking effect as of the date of its posting.
A certificate signed by the administrator of this website shall be prima facie proof of the date of publication and contents of any version of these terms that may be applicable to a dispute or otherwise.

19. LEGAL COSTS
Should we instruct legal representatives to take any steps to enforce any rights in terms of these terms arising from a breach thereof, then you will be liable for all legal and incidental costs, including legal fees on the attorney and own client scale, collection commission and tracing charges.

20. INFORMATION DISCLOSURE
The following information is disclosed in terms of section 43 of the ECT Act and section 51 of the Companies Act, 61 of 1973:-
Full name and legal status: Finfree Trust, Operating as Giggel
Names of office bearers: The Trustees of the Finfree Trust
Place of registration: Republic of South Africa
Website address: http://Giggel.co.za
E-mail address: talk@giggel.co.za
Address: PO Box 12209, Die Boord, Stellenbosch, 7613

21. INTERPRETATION
When any number of days is prescribed in this agreement, same shall be reckoned exclusively of the first and inclusively of the last day unless the last day falls on a Saturday, Sunday or public holiday, in which case the last day shall be the next succeeding day which is not a Saturday, Sunday or public holiday. You warrant your legal capacity and authority to accept these terms.