Terms and Conditions

 

Terms & Conditions
 
Accessing or using www.pat.org.za website constitutes your agreement to abide by these Terms and Conditions (the “Conditions”), so please read them very carefully.  IF YOU DO NOT AGREE WITH THE CONDITIONS DO NOT USE THE SITE.  We reserve the right to unilaterally amend the Conditions at any time and from time to time.
 
1           Definitions
1.1         In these Conditions, except where the context otherwise requires:
 
“us”, “we”, “our”
means Pets as Therapy (registered Charity No 024-153) a company limited by guarantee;
 
“Information”
means the contents of the Site which includes all pictures, texts, audio, files, video, graphics, images, photographs, information and all other materials on the Site, whether together or separately;
 
“Rights”
means unless stated otherwise, copyright and all other proprietary and intellectual property rights to and in the Information, whether together or separately;
 
“Services”
means our provision to you of any Services;
 
“Site”
means this Site and all the Information on it of www.pat.org.za stored electronically and access to which is available to you via the Internet but subject to the Conditions;
 
“Software”
means the computer software and all modifications, enhancements and replacements thereof and additional thereto embedded in or forming an integral part of the Information and the Site including but not limited to any files and images incorporated in or generated by the software and data accompanying the software;
 
“you”, “your”
means the person(s) firm or company accessing or using the Site.
 
2 Information Rights and Ownership
 
2.1   The Site is owned and operated by us.  Unless otherwise indicated the Information and the Rights are and shall remain our property.
 
2.2   You may access and use the Site subject always to these Conditions.
 
2.3   No Information may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way except that you may store, copy or download one copy of the Information on any single computer for personal non commercial use and provided that you keep intact all copyright and other proprietary notices regarding the Rights contained herein.
 
2.4   Deletion or modification of the Information or use of the Information for any unauthorised purpose is a violation of our Rights.
 
2.5   The use of any Information on any other website or network computer environment is prohibited.
 
2.6   To the extent that you wish to reprint any Information outside of personal, non-commercial use, you should contact us
 
2.7   Unless otherwise specified, the authors of the literary and artistic works in the pages on the Site have asserted their moral rights under Section 77 of the Copyright Design and Patents Act 1988.
 
3      Links to Other Sites
 
3.1   You may find links from the Site to independently managed sites whose content we have found of possible interest to visitors.  We have authorised links only to those “off site” pages listed on this Site as authorised.  Any other links to this Site not so listed are not authorised.  We have visited the sites to which we are linked, but you should understand that we cannot control the content that may appear on these sites or any attachments thereto and accordingly we expressly disclaim any liability for the content that may appear on any web-site or any attachment thereto which may be accessed through links on the Site and make no warranty or representation regarding defamation or otherwise, with respect to the same.
 
4      Your Obligations and Warranties
 
4.1   You represent, undertake and warrant to us that you will use the Site for lawful purposes and only as authorised herein.  In particular, you represent, warrant and undertake to us that you will:
 
4.1.1     not use or authorise or permit any other person to use the Site in any manner which imposes an unreasonable load on the Site and/or which may compromise the feedback system (if any) offered to you;
 
4.1.2     observe the procedures which we may from time to time prescribe;
 
4.1.3     not post, link or transmit to the Site any material which is unlawful, abusive, malicious, threatening, defamatory, obscene, pornographic, blasphemous or otherwise objectionable in any way;
 
4.1.4     not post, link or transmit to the Site any material which contains a virus or other hostile computer program or run any applications that could lead to a modification of the physical or logical structure of the networks being used;
 
4.1.5     not post, link or transmit to the Site any material which constitutes or encourages the commission of a criminal offence or which infringes any patent, trade mark, design rights, copyright or any other intellectual property right or similar rights of any persons;
 
4.1.6     adhere to laws for the protection of minors;
 
4.1.7     respect the privacy of others and that you will not send unsolicited, harassing, slanderous or threatening content;
 
4.1.8     not use any names, documents, pictures or other elements of the Site so as to create the impression of any relationship whatsoever with any of our products or services, or of support for any of our products or services without our prior written consent;
 
4.1.9     not develop or attempt to develop programs designed to bypass the user interface to access our program functions;
 
4.1.10    treat all confidential and proprietary information and documents provided by us to you, including without limitation any password, as confidential and not to disclose the same to a third party.
 
4.2   Using the Site for the purpose of spamming and any other form of commercial advertising or marketing is not permitted and you will be liable for any resulting damages.
 
5      Disclaimer and Warranties
 
5.1    The Site and all the Information on it is provided for use “as is” and “as available” and any reliance upon the same is at your sole risk.
 
5.2    To the extent permissible by applicable law, we make no representation of any kind with respect to the Site, the Information contained on the Site or any Services offered by us.  To the extent permissible by applicable law, we disclaim all conditions, terms, representations and warranties, express or implied, including without limitation the implied warranties of satisfactory quality and fitness for a particular purpose or of non-infringement of any third party proprietary rights with respect to the Site, the Information, any Services and any website with which the Site is linked.
 
5.3   We give no warranty as to the functions of or Information contained on the Site nor do we warrant that the Information or any Services will meet your requirements.
 
5.4   We give no warranty that the operation of the Site or its content or the supply of Services will be uninterrupted or (as applicable) error free, that defects will be corrected, or that the Site or the server that makes it available are free of viruses or other harmful components.
 
5.5   We give no warranty or representation as to the use or the result of the use of the Information in terms of its correctness, accuracy, reliability, currency or otherwise, and we therefore assume no liability for and give no representation in respect of any errors or omissions in the Information on the Site.
 
5.6   We accept no responsibility for the content created by users on the Site in chat rooms or other forums.  We do however reserve the right to delete any discriminatory, sexist or morally reprehensible contents, and, in the event of criminal proceedings, to pass on such contents pursuant to a legal requirement.
 
5.7   The Site contains material and information submitted, created and provided by third parties.  You may also obtain products and services from third parties, which may be accessed through links on the Site.  We exclude liability for any errors, omissions or inaccuracies in such material, information and in respect of products and services provided by such third parties.  Unless otherwise specified, we are not selling or offering for sale any products or providing any services of such third parties nor are we acting as agent of any third party selling or offering for sale any products or providing services as described above.  You agree that we are not responsible or liable in any way for any dealings you may have or the consequences of such dealings with any such third party.  Any such dealings shall be on the terms and conditions (if any) of that third party.
 
6      Limitation of Liability and Indemnity
 
6.1   To the extent permissible by applicable law, in no event shall we be liable to you for negligence, (unless resulting in personal injury or death) or for any delays, inaccuracies, functionality/ availability problems, errors or omissions with respect to the Information or Service or delivery of all or any part thereof, for any damage arising therefrom or occasioned thereby, or for the results obtained from the use of Information and/or the Services.
 
6.2   To the extent permissible by applicable law, under no circumstances, including but not limited to negligence, shall we be liable for any special or consequential loss or damage that results from the use of, or the inability to use the Information on the Site or in connection with any Services offered hereunder even if we have been advised of the possibility of damages.
 
6.3   To the extent permissible by applicable law, we shall have no liability to you in respect of any loss, damage, cost, expense or other damage relating to credit card fraud and arising from the provision by you to us of your credit card details via the Internet and further to these Conditions.
 
6.4   In no event shall our total aggregate liability to you for any losses, damages and causes of action, whether in contract or tort, (including but not limited to negligence or otherwise) arising out of or in connection with the provision of any Services to you exceed the amount paid by you to us for such Services in respect of which such loss, damage or cause of action arises.
 
6.5   In any event, no claim shall be brought against us unless you have notified us of the claim within one year of it arising.
 
6.6    You hereby indemnify us and shall keep us indemnified from and against all liability, costs, claims and damages (including legal and other professional costs and expenses) the result of the negligence, wilful misconduct or breach of these Conditions by you and against any claim brought against us by a third party resulting from the provision of any Services by us to you (such as messages written, texts placed in chat rooms or the like) and/or your use of the Information.
 
7      Termination
 
7.1   The Conditions apply from the date you access the Site and to all dealings between you and us relating to the subject matter hereof and shall continue in force until terminated by us.
 
7.2   The Conditions and any right or licence you may have under the Conditions may be terminated immediately by notice from us at any time in our sole discretion.
 
7.3   We shall not be liable for any failure by us to keep to or delay in keeping to the Conditions if the failure or delay is caused by circumstances beyond our control and the same shall be deemed not to be a breach of the Conditions.  We shall be entitled to terminate the Conditions by giving written notice to you.
 
7.4   Termination of the Conditions by us shall be without prejudice to any other rights or remedies we may be entitled to thereunder, at law or otherwise.
 
8      Data Protection and Privacy
 
8.1   We hold any details provided to us by you in accordance with Data Protection legislation.  Further details are set out in our Privacy Policy Document which you confirm you have read and understood.
 
9      Miscellaneous
 
9.1   The headings are for convenience only and shall not limit or otherwise affect the interpretation of the Conditions.
 
9.2   The Conditions contain the entire agreement between you and us in respect of the subject matter hereof and replaces and supersedes all prior arrangements, understandings, representations and agreements in respect of the subject matter hereof.  The Conditions may not be modified orally and no waiver, amendment or modification shall be binding or effective unless in writing and expressly incorporated into the Conditions by us.  In agreeing to the Conditions, you have not relied on any representation other than those expressly stated in the Conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in the Conditions.
 
9.3   Any notices or other communications between you and us relating to the Conditions shall be in writing and delivered by hand or prepaid letter to us at the address indicated here and to you at the address which you notify us of or sent by facsimile or E-mail and shall be deemed to be received at the time of delivery, if delivered by hand, on the date of posting, if sent by prepaid post and when transmitted, if sent by facsimile or E-mail provided that the same is simultaneously confirmed by first class post.
 
9.4   The Conditions are personal to you and you shall not assign the Conditions or any of your rights or entitlements herein to any third party without our prior written consent.
 
9.5   If any part of the Conditions shall be declared invalid or unreasonable by a court of competent jurisdiction, such declaration shall not affect the remainder of the Conditions which shall continue in full force and effect.
 
9.6   Nothing in the Conditions shall be construed as implying or creating an employment, partnership or joint venture between you and us.
 
10    Governing Law and Jurisdiction
 
10.1  The Site is controlled and operated by us from our Cape Town offices.  We make no representation that any Information on the Site is appropriate or available for use in other locations/jurisdictions.  If you choose to access and/or use the Site from locations other than South Africa, you do so totally at your own risk.
 
10.2  The Conditions shall be governed and construed in accordance with South African Law and you hereby submit to the jurisdiction of the South African Courts.