TERMS AND CONDITIONS FOR ACCESSING AND/OR USING THE WEBSITE.
TERMS AND CONDITIONS OF USE.
Please read the following terms and conditions very carefully as your use of this Website and information on the Website is subject to your acceptance of and compliance with these terms and conditions.
By accessing this Website you acknowledge that you have read, understood and accepted the following terms and conditions and/or disclaimers. Accordingly, if you do not agree to the terms and conditions, you are obliged to immediately cease to use the Website.
These terms and conditions are the general terms and conditions that apply to any User’s access and use of the Website. By using the Website, you confirm that you have read and understood these terms and conditions and agree to be bound by them. If you do not wish to be bound by the terms and conditions, you must leave the Website now, as further use will automatically bind you to these terms and conditions
These terms and conditions are to be read with any other policies or terms and conditions which may be published by Amplify from time to time.
Further, Amplify may, in its sole and absolute discretion, amend these terms and conditions from time to time. By using the Website, you acknowledge that you will be bound by the terms and conditions as amended from time to time.
DEFINITIONS AND INTERPRETATION In these terms and conditions, unless the context otherwise requires, the following words and expressions shall bear the meanings assigned to them hereunder:
Affiliate – Amplify’s partners, and/or any person which is controlled by Amplify or who controls Amplify or is under the common control with Amplify;
Amplify – Amplify Africa Proprietary Limited, Registration Number: 00/00/0;
Intellectual Property – any and all rights, title and interest, registered or otherwise, including but not limited to any applications for registration of such rights, in and to any intellectual property, copyright, related rights, patents, utility models, trade marks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, hyperlinks and downloads (being any software, data, files or content retrieved, viewed or downloaded by the User when using the Website), and any of the information appearing on the Website;
the Parties – collectively Amplify and the User; and "Party" shall mean either one of them as the context requires;
Terms and Conditions - the terms and conditions set out in this document as may be amended from time to time;
User or You – any person who registers his/her/its details with this Website and/or uses the Website,;
the Website Information – information, images, data, graphics, logos, software, music, sound, video icons and/or any materials contained in, related to or posted on the Website.
INTELLECTUAL PROPERTY RIGHTS
All rights, title and interest in and to the Website Information and/or the Intellectual Property, the manner in which the Website Information is collected and packaged, as well as the copyrights, intellectual property rights, trade mark rights and other rights of whatever nature relating thereto shall, unless owned by third parties, at all times vest solely in the Company. The Company asserts and reserves all its rights, including moral rights, in this regard.
All content included on the Website by Amplify, such as text, graphics, logos, buttons, icons, images, photographs, audio clips, databases and software, is the property of Amplify or its content suppliers and is protected by South African and international copyright laws. Furthermore, the compilation (meaning the collection, arrangement, and assembly) of all content on the Website is the exclusive property of Amplify and is protected by South African and international copyright laws.
Except as stated herein, none of the material on the Website may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, except as permitted by the fair use privilege under the South African copyright laws or without Amplify’ s prior written permission or the copyright owner.
The User is expressly prohibited to “mirror” any content, contained on the Website, on any other server unless with the prior written permission of Amplify.
All trademarks are the exclusive property of Amplify.
The unauthorised submission, removal, modification or distribution of copyrighted or other proprietary content is illegal and could subject you to criminal prosecution as well as personal liability for damages.
REPRESENTATIONS AND WARRANTIES
Amplify makes no representations and give no warranties, whether expressly or implicitly, as to the Website or the information provided on the Website, and specifically, but without any limitation, makes no representations and gives no warranty:
that the Website will be tailored to meet your personal requirements or expectations;
that of the time within which the Website will be updated, or that access to the Website will be uninterrupted or error-free; or
that the information provided on the Website will be true, complete, accurate or reliable.
Amplify will not be responsible, for any loss, liability, injury, expense or damage (whether direct, indirect, incidental, punitive or consequential) of any nature, arising from any negligence, and which is suffered by any person who accesses, uses or relies on the Website. Without limiting the generality of this clause, Amplify will not be held responsible for any loss, liability or damage of any nature incurred by whosoever whether resulting directly or indirectly from:
access to the Website;
any inability to access, or delays or difficulty in accessing, the Website, to the extent that such inability, delay or failure results from causes beyond Amplify’ s reasonable control;
access to any websites linked to the Website;
inability to access, or delays or difficulty in accessing, any websites linked to the Website;
inability to access, use, or rely on information or content available on the Website;
any content or information posted by third parties on the Website;
services available from the Website;
[Drafting Note: client to confirm]
any delay or failure to fulfil any obligations under these Terms and Conditions to the extent that such delay or failure results from causes beyond Amplify’ s reasonable control;
any negligent act or omission by Amplify and/or its consultants, agents or employees.
PRIVACY AND CONFIDENTIALITY
Any private information that you may provide on the Website, namely the your personal information, credit card details, delivery address and telephone numbers will be kept in confidence by Amplify and shall not be sold or made known to third parties. Notwithstanding the aforementioned, Amplify shall not be required to keep in confidence the following information:
information which, at the time of disclosure, is generally available to the public;
information which, after disclosure, becomes generally available to the public;
information which Amplify can show was in its possession prior to disclosure and which was not acquired directly or indirectly from any other party;
information which Amplify can show was received by it from any party outside these Terms and Conditions, without any obligation of confidentiality;
information which Amplify is obliged to disclose at law.
Amplify may from time to time:
change or amend these Terms and Conditions;
vary the information, content, services, applications or any other aspect of the Website;
discontinue any aspect of the Website or information, content, services and applications on the Website; change the IT facilities required to access and use the Website or the information, content, services and applications on the Website;
(‘the amended Terms and Conditions”) you should check them from time to time, as your continued use of information and interaction with Amplify on the Website will be taken to mean that you accept any updated or revised terms and conditions as published on the Website.
The Amended Terms and Conditions shall become effective immediately once they are posted on the Website, any subsequent use of the Website will be governed by the Amended Terms and Conditions effected at the time of access and use.
Amplify shall be entitled to terminate these Terms and Conditions and/or shut down the Website at any time.
It is recorded that all permissions granted in these Terms and Conditions are provided on a non-exclusive and non-transferable basis to you and Amplify reserves the right to terminate the Website or any aspect of it at any time.
Accordingly you agree to review these Terms and Conditions periodically, and your continued access or use of information supplied to you by Amplify, in whatever form, shall be deemed to be your acceptance, from time to time, of the amended Terms and Conditions.
DISPUTE RESOLUTION Should any dispute arise relating to the interpretation or application of these Terms and Conditions then such dispute shall, without any prejudice the parties may have in law, be resolved by way of arbitration in terms of the expedited rules of the Arbitration Foundation of Southern Africa.
BREACH Amplify may, and without any prejudice to any other rights it may have, claim damages from any person who contravenes these Terms and Conditions and as a result causing any loss, liability, harm or damage.
JURISDICTION These terms and conditions shall be governed by and construed in accordance with the laws of the Republic of South Africa without giving effect to the principles of conflicts of laws.
ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT OF 00 (“THE ECT ACT”) AND CONSUMER PROTECTION ACT OF 00 (“THE CPA”)
These terms are subject to the provisions of the ECT Act and any of the terms that are in conflict with any of the compulsory provisions of the ECT Act will be deemed to have been modified so as to comply with such provisions of the ECT Act.
No provision in these terms and conditions is to be interpreted or construed as excluding or waiving any rights you may have in terms of the CPA.
If any provision of these Terms and Conditions is, or at any time becomes, prohibited by, or unlawful under, any applicable law, regulation or other condition, or otherwise becomes void or unenforceable, it will be severed from these Terms Conditions and rendered ineffective so far as is possible without modifying the remaining provisions of these Terms and Conditions, which will continue in full force and effect.
These Terms and Conditions shall commence from the date on which they are published on the Website and continue indefinitely, as amended by Amplify from time to time, for so long as the Website exists and is operational.
Any relaxation or indulgence which may be given by Amplify show to you from time to time or any failure by Amplify to exercise or enforce any right or provision of these Terms and Conditions is without prejudice to and does not constitute a waiver of any right or provision either in these Terms and Conditions or any law. No waiver will be effective unless it is expressly stated to be a waiver and is communicated to you in writing.