1. GENERAL TERMS AND CONDITIONS OF USE OF WEBSITES

 

  1. INTRODUCTION

 

  • These are the general terms and conditions (“terms and conditions”) of use of the websites conducted by Health Spas Guide Pty Ltd, a company incorporated in accordance with the laws of South Africa under registration number 2013/158284/07, all of its stakeholders, subsidiaries, partners, divisions and affiliates, its directors, officers, employees or agents (“HSG”). These terms and conditions apply to all our websites, and any other entities and/or websites in which HSG holds an interest, and to which these terms and conditions have been extended.

 

  • Please read the following terms and conditions very carefully, as your use of this website (the “Site”), and all other websites belonging to HSG, is subject to your acceptance of and compliance with these terms and conditions insofar as they relate to this specific website. These terms and conditions apply to both –

 

  • third party users of the Site, which may advertise, publish or otherwise submit content onto the Site; and

 

  • users, who may browse the contents of the Site and the third party content displayed thereon,

 

or either party, as the context may indicate.

 

  • These terms and conditions are to be read with HSG’S Privacy Policy (set out below) and any other policies, rules, disclaimers or terms and conditions which may be published by HSG from time to time and/or published on the Site (all of which are included in the definition of “terms and conditions”). By accessing and/or using the Site, you acknowledge that you have read, understood and accepted these terms and conditions. If you do not agree with all these terms and conditions, in their entirety, or if you do not wish to be bound by these terms and conditions, you may not access, copy or download any content on the Site and you are not entitled to use the Site.

 

  • Further to the aforementioned, HSG may, in its sole and absolute discretion, amend these terms and conditions from time to time.

 

  • Reference to HSG in these terms and conditions shall be deemed to be a reference to the relevant legal entity which operates the website concerned.

 

  1. SUBMISSION OF CONTENT AND USE OF THE SITE

 

  • You agree to use the Site for lawful purposes only. Should you choose to access or use the Site from locations other than the Republic of South Africa, you do so at your own initiative and you are responsible for compliance with applicable laws.

 

  • You are prohibited from submitting, by means of reviews, comments, suggestions, ideas, questions, advertisements, promotional material, directory listings or any other information through the Site, or in any other manner, any content which is, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically or otherwise objectionable, including but not limited to –

 

  • any content that encourages conduct that would constitute a criminal offence or give rise to civil liability, or otherwise violate any applicable local, provincial, national, or international law;

 

  • any content that constitutes an invasion of privacy;

 

  • any content that is an infringement of any intellectual property right;

 

  • any content that contains software viruses, Trojan horses, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; or

 

  • any content that constitutes a political statement, commercial solicitation, or “Spam”.

 

  • Although HSG does not purport to review (nor is it under any obligation to do so) any submitted content, it reserves the right to remove any content from the Site that it deems, in its sole discretion, to be an infringement of any of the provisions of these terms and conditions or harmful in anyway whatsoever.

 

  • You agree that in using the Site in any way, and/or in any content you provide to HSG, you will not-

 

  • create liability for HSG or cause HSG to lose (in whole or in part) the services of our ISPs or other suppliers;

 

  • link directly or indirectly to or include descriptions of goods or services that are prohibited under the and conditions you do not have a right to link to or include;

 

  • consummate any transaction that was initiated using our site that, by paying to us a fee, could cause us to violate any applicable law, statute, ordinance or regulation. Furthermore, you may not resell or make any commercial use of HSG’S system or the content on the site without HSG’S prior written consent; and

 

  • provide content to the site which is competitive with HSG.

 

  • At any time, without notice, for any or no reason, HSG reserves the right to refuse service to anyone, to modify and discontinue any portion or all of the service, and to restrict, suspend and terminate transactions

 

  • Should you breach this clause or any other clause in these terms and conditions, HSG may immediately terminate and/or suspend your access to all or parts of the Site, without any notice to you, and you may be held liable to criminal or civil prosecution.

 

  • In using the Site, you warrant that –

 

  • you own or otherwise control all rights to the content that you may submit to the Site;

 

  • any use of such content will not cause injury or harm to any person or entity; and

 

  • you indemnify HSG, its directors, officers and employees, for all claims resulting from any submitted content.

 

  • By submitting reviews, comments, advertising, directory and event information and/or any other content (other than information protected by the Protection of Personal Information Act, 2013) to HSG for posting on the Site, you automatically grant HSG a non-exclusive, royalty-free, perpetual, irrevocable right and license to use, reproduce, publish, translate, sublicense, copy and distribute such content in whole or in part worldwide, and to incorporate it in other works in any form, media, or technology now known or hereinafter developed for the full term of any copyright that may exist in such content. Notwithstanding the aforementioned, you retain any and all rights that may exist in such content.

 

  • The following activities on or through the Site are expressly prohibited –

 

  • any non-personal or commercial use of any robot, spider, other automatic device or technology, or manual process to monitor or copy portions of the Site, or the content contained therein, or to data-mine the same without the prior written authority of HSG;

 

  • the collection or use of any listings, descriptions, or price lists from the Site, for the benefit of a competing merchant that supplies products comparable to those offered on the Site or for any other non-personal purpose that is not expressly authorised;

 

  • any use or action that imposes an unreasonable or disproportionately large load of traffic on the Site, or otherwise interferes with its proper and timely functioning; and

 

  • incorporating any e-mail addresses, names, telephone numbers, and fax numbers published on the Site in any database used for electronic marketing or similar purposes. No permission is given or should be implied that information on the Site may be used to communicate unsolicited communications to HSG and all rights detailed in Section 45 of the Electronic Communications and Transactions Act No. 25 of 2002 (as amended) (“ECT Act”) are reserved.

 

  • You are responsible for maintaining the confidentiality and security of your User Name and Password for access to the Site, and you accept full responsibility for all activities that occur under your User Name.

 

  • Some of the services offered on the Site, specifically those relating to subscribing to any of HSG’S publications, and participating in e-commerce activities and the purchase and driving of vehicles are only available to persons 18 years or older. By registering with HSG for such services, you warrant that you are 18 years or older.

 

  • From time to time HSG will run competitions, free prize draws, and promotions on the Site. These competitions, free prize draws, and promotions are subject to applicable laws, HSG’S General Terms and Conditions for Promotional Competitions, and any other rules which may be published in relation thereto.

 

  1. THE USE OF THIRD PARTY CONTENT

 

  • HSG hosts information, pricing, opinions, advertising, directory services, event information, property inventory, vehicle inventory and other content supplied by third parties (“Third Party Content”) on the Site. HSG has no editorial or other control, over such content.

 

  • Opinions, statements, offers or any other information that may constitute Third Party Content, belong to the respective third party and not to HSG. HSG does not guarantee the accuracy, completeness, and/or usefulness of any Third Party Content. All Third Party Content is provided as received by HSG by the applicable third party.   Any Third Party Content should not be construed as an express or implied endorsement by HSG unless otherwise expressly stated.  You use Third Party Content at your own risk.

 

  • It is your responsibility to evaluate Third Party Content available on and through the Site. HSG is not liable for any loss, damage or harm caused by your reliance on Third Party Content obtained on or through the Site. Before making any decision or placing any reliance on Third Party Content provided on or through the Site, you should take all reasonable steps to ensure and verify the accuracy of such content.

 

  • In addition to the aforementioned, HSG is not a supplier of any products which may be advertised through Third Party Content on the Site. Accordingly, HSG is not liable for any products, purchased by you due to your reliance on the Third Party Content, which are not ‘safe, good quality goods’ in terms of section 56 of the Consumer Protection Act, No. 68 of 2008.  HSG does, however, provide the contact details of third party suppliers when possible.  You may contact the third party suppliers by using such contact details in such an event.

 

  • HSG does not review (nor is it under any obligation to do so) or control any third party website that links to or from the Site. HSG is not responsible for the content of any third party website linked to or from the Site.  The third party websites are provided solely for your convenience.  Any information, endorsements of products or services, materials or personal opinions appearing on a third party website should not be construed as an express or implied endorsement by HSG unless otherwise expressly stated.  You use third party websites at your own risk.

 

  • If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, or that the Site contain links or other references to another online location that contains material or activity that infringes your copyright, please contact HSG.

 

  1. DIRECTORY SERVICES, SPECIALS AND LISTINGS

 

  • HSG provides the Site for the convenience of buyers, sellers and users interested in directory services, events and deal listings, and collects content in the form of advertisements from these users.

 

  • Further to the provisions of 3 above, the details of products and services available on the Site are provided to HSG by third parties, private sellers and HSG’s customers, for your information only. HSG cannot verify these details and therefore makes no warranties or representations as to their accuracy or completeness.  If you rely on these details, you do so at your own risk.  The provisions of 4 apply mutatis mutandis.

 

  1. VOUCHERS AND COUPONS

 

  • We may email gift and promotional vouchers to you. We accept no liability for errors in the email address of the voucher recipient.

 

  • If you have a gift or promotional voucher, that voucher can be used by someone other than you and you can assign your rights to use that voucher.

 

  • In the event of fraud, an attempt at deception or in the event of the suspicion of other illegal activities in connection with a gift/promotional coupon purchase or redemption of that voucher on the Site, we are entitled to close your Account and/or require a different means of payment.

 

  • We assume no liability for the loss, theft or illegibility of gift or promotional coupons.
  1. ADVERTISING

 

  • You agree, upon requesting any Display or Classified Advertising space, that in the event of failure to publish an advertisement or publication of an incorrect advertisement, the liability of HSG shall be limited to the amount paid by the advertiser for the advertisement that did not appear, or for that portion of the advertising space occupied by the incorrect item only (as the case may be), and that there shall be no liability in any event beyond the amount paid for such advertisement.

 

  • HSG shall not be liable for slight changes or typographical errors that do not lessen the value of an advertisement.

 

  • HSG cannot be responsible for errors after the first day of publication of any advertisement. Notice of errors on the first day should immediately be called to the attention of HSG.
  1. INTELLECTUAL PROPERTY RIGHTS

 

  • All content included on the Site by HSG, such as text, graphics, logos, buttons, icons, images, photographs, audio clips, databases and software, is the property of HSG 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 Site is the exclusive property of HSG and is protected by South African and international copyright laws.

 

  • None of the material 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, without the prior written permission of HSG or the copyright owner, except as permitted by the fair use exception or other similar provisions under the South African copyright laws or without the prior written permission of HSG or the copyright owner. © Copyright reserved in all content.

 

  • You are expressly prohibited to “mirror” any content, contained on the Site, on any other server unless with the prior written permission of HSG.

 

  • You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of the Site, so long as the link does not portray HSG, or its products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any HSG logo or other proprietary graphic or trademark as part of the link without the express permission of HSG or its content suppliers.

 

  • All trademarks are the exclusive property of HSG.

 

  • 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.

 

  1. LIMITATION OF LIABILITY

 

  • The information, content, services, products and materials published on the Site, including without limitation, any texts, graphics and links are provided on an “as is” basis. HSG makes no representations or warranties of any kind, express or implied, as to the operation of the Site or the accuracy, correctness or completeness of the information, contents, materials, or products included on the Site. Without limiting the generality of the aforegoing –

 

  • HSG does not warrant that the Site, will be error free, or will meet any particular criteria of accuracy, completeness or reliability of information, performance or quality or that it will be continuously available or that you will have uninterrupted access to the Site; and

 

  • whilst HSG has taken reasonable measures to ensure the integrity of the Site and its contents, no warranty, whether express or implied, is given that any files, downloads or applications available via the Site are free of viruses, Trojans, bombs, time-locks or any other data or code which has the ability to corrupt or affect the operation of your system.

 

  • To the full extent permissible by applicable law, HSG disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. HSG will not be liable for any damages of any kind arising from the use of the Site or your reliance on any information on the Site, or the products and services offered through the Site from third parties or a linked site, or user’s reliance on any product or service obtained from a third party or a linked site, including, but not limited to, direct, indirect, incidental, punitive, and consequential damages.

 

  • Use of this site is at the user’s sole risk.

 

  • No advice or information, whether oral or written, obtained by you from HSG or its services shall create any warranty

 

  • If you make unlawful use of this Site and as a result of this a third party sues or has a claim against us, you will indemnify and hold us harmless against that claim. This means that you will become a party to that claim and will have to pay it if the claim is successful.  Unlawful use includes without limitation, any act in breach of the terms and conditions.

 

  1. 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.  You hereby consent to the exclusive jurisdiction of the High Court of the Republic of South Africa (South Gauteng High Court, Johannesburg) in respect of any disputes arising in connection with the Site.

  1. OTHER PROVISIONS AND APPLICATION OF THE ECT ACT

 

  • In the event that any of the terms of these terms and conditions are found to be invalid, unlawful or unenforceable, such terms will be severable from the remaining terms of these terms and conditions, which will continue to be valid and enforceable.

 

  • These terms and conditions, including any documents referenced herein, represent the entire agreement between you and HSG regarding your relationship with HSG and the use of the Site and supersedes any prior statements or representations.

 

  • When you visit the site or send HSG e-mails, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site.  You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

 

  • HSG may at any time modify these terms and conditions and your continued use of the Site will be conditional upon the terms and conditions in force at the time of your use. Changes shall automatically be effective upon posting on the site. Your continued use of the service provided by the Site shall signify your acceptance of the changes.  If you do not accept the changes, your sole and exclusive remedy is to discontinue using the Site.  The latest terms and conditions will be posted on the Site, and you should always review them prior to using the site.

 

  • Data Messages (as defined in the ECT Act) will be deemed to have been received by HSG if and when HSG responds to the Data Messages.

 

  • Data Messages sent by HSG to you will be deemed to have been received by you in terms of the provisions specified in section 23(b) of the ECT Act.

 

  • You acknowledge that electronic signatures, encryption and/or authentication are not required for valid electronic communications between you and HSG.

 

  • You warrant that Data Messages sent to HSG by you from any electronic device, used by you from time to time, or owned by you, were sent by you and/or were personally authorised.

 

  • Subject to the Regulation of Interception of Communications Act No 70 of 2002 (“RICA”), you agree that we may intercept, block, read, delete, disclose and use all communications between you and us, our employees, directors and/or agents. You agree that this consent satisfies the requirements of ECT Act and RICA for consent in “writing”.  You also understand that communications by means of email and the Internet are inherently unsecure unless encrypted and can be intercepted.  We cannot be responsible if a third party intercepts communications to or from us and this causes damage to you. Please use caution when communicating in this way.

 

  • To the extent that we are required under s43 of the ECT Act to provide you with additional details for the purposes of undertaking electronic transactions on the Site, this information will be separately provided in the relevant sections of the Site.

 

  1. GENERAL
    • The terms and conditions constitute the complete and exclusive statement of the agreement between you and HSG. It supersedes any and all prior or contemporaneous agreement, oral or written, and any other communications, representations, warranties and understanding relating to the subject matter of the terms and conditions.  If there is any conflict between an oral or written representation of any HSG’s employee or agent and the terms and conditions (other than modifications to the terms and conditions executed in writing by HSG), the terms and conditions will prevail.  These terms and conditions, related agreements and disclaimers will prevail over FAQs, and other rules and policies on the Site.

 

  • HSG’s failure to exercise or enforce any of the terms and conditions shall not constitute a waiver of HSG’s right to exercise or enforce the terms and conditions as to the same or another instance. Headings in these terms and conditions and related agreements are for purposes of reference only and shall not limit or otherwise affect the meaning of the terms and conditions. HSG shall not be deemed to have waived any of its rights or remedies unless such waiver is in writing and signed by HSG.

 

  • You agree that HSG may assign the terms and conditions to any other entity of its choosing, with or without notice to you. You may not assign the terms and conditions to any other party.

 

PLEASE NOTE: THE CONTENTS OF THIS WEBSITE ARE PROPRIETARY TO HSG AND MAY NOT BE COPIED, REPRODUCED OR OTHERWISE UTILISED IN ANY MANNER WHATSOEVER WITHOUT THE PRIOR WRITTEN CONSENT OF HSG.  ©