USER ACCEPTANCE POLICY
UPDATED: 1 May 2017
By accessing and using this website, you agree to be bound by the terms and conditions set out in this notice. If you do not wish to be bound by these terms and conditions, then you may not access, display, use, download, copy or distribute any of the content of this website.
These Terms and Conditions (“the Terms and Conditions”) govern your (“the User”) use of the website located at the domain name www.WakatiChallenge.com (“the Website”) owned by Mountainshak Adventures (“Provider”). By accessing and using the Website, the User agrees to be bound by the Terms and Conditions set out in this legal notice. The User may not access, display, use, download, and/or otherwise copy or distribute content obtained on the website for marketing and other purposes without the consent of the Provider.
2. LIMITATION OF LIABILITY
The Website and all Content on the Website, including any current or future events or services, are provided on an “as is” basis, and may include inaccuracies or typographical errors. The Provider make no warranty or representation as to the availability, accuracy or completeness of the Content. Neither Provider nor any holding company, affiliate or subsidiary of Provider, shall be held responsible for any personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), direct or indirect special, consequential or other damage of any kind whatsoever suffered or incurred, related to the use of, or the inability to access or use the Content of the Website or any functionality thereof, or of any linked website, even if Provider is expressly advised thereof.
Information, ideas and opinions expressed on the website should not be regarded as professional advice and Users are encouraged to consult professional advice before taking any course of action related to the information, ideas or opinions expressed on the website. The Provider shall take all reasonable steps to ensure the quality and accuracy of content available on the website.
3. INTELLECTUAL PROPERTY RIGHTS
All intellectual property on the website, including but not limited to content, trademarks, domain names, patents, design elements, software, source code, meta tags, databases, text, graphics, icons and hyperlinks are the property of or licensed to the Provider and as such, are protected from infringement by domestic and international legislation and treaties. All rights to intellectual property on the website are expressly reserved; and person may use logos, icons, or trademarks without consent from the Provider.
4. PUBLIC FORUMS
"Forum" means a chat area, message board, bulletin board (bbs), or e-mail function offered as part of the website. If you participate through the website Forum, you MUST NOT:
- defame, abuse, harass or threaten others;
- make any bigoted, hateful or racially offensive statements;
- advocate illegal activity or discuss illegal activities with the intent to commit them;
- post or distribute any material that infringes and/or violates any right of a third party or any law;
- post or distribute any vulgar, obscene, discourteous or indecent language or images;
- advertise or sell to, or solicit others;
- use the Forum for commercial purposes of any kind;
- post or distribute any software or other materials which contain a virus or other harmful component; or
- post material or make statements that do not generally pertain to the designated topic or theme of any chat room or bulletin board.
It is our policy to respect the privacy of all customers. We will not monitor, edit, or disclose the contents of a customer's e-mail unless (a) you authorize us to do so, (b) we must do so in order to resolve technical problems on the website; or (c) unless required to do so by law or in the good-faith belief that such action is necessary to: (1) comply with the law or comply with legal process served on us; (2) protect and defend our rights or property; or (3) act in an emergency to protect the safety of our customers or the public. Customers shall remain solely responsible for the content of their messages.
We reserve the right to remove or edit content from any Forum at any time and for any reason.
By uploading materials to any Forum or submitting any materials to us, you automatically grant (or warrant that the owner of such materials expressly granted) us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, publicly perform and display, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition, you warrant that all so-called "moral rights" in those materials have been waived.
5. REMOVAL AND CORRECTION OF CONTENT
Users are encouraged to report untrue, inaccurate, defamatory, illegal, infringing, and/or harmful content available from the website to the website administrator and the website administrator undertakes to correct and/or remove such content or any part thereof if the person reporting such content provided reasonable grounds to prove the alleged nature of the content.
6. PRIVACY: CASUAL SURFING
The User may visit the Website without providing any personal information. The Website servers will in such instances collect the IP address of the User computer, but not the email address or any other distinguishing information. This information is aggregated to measure the number of visits, average time spent at the Website, pages viewed, etc. The Provider uses this information to determine use of the Website, and to improve Content thereon. The Provider assumes no obligation to protect this information, and may copy, distribute or otherwise use such information without limitation.
7. CHOICE OF LAW
This Website is controlled, operated and administered by Provider from its office within the Republic of South Africa. Therefore, these terms and conditions are governed by the laws of the Republic of South Africa, and the user consents to the jurisdiction of the Western Cape High Court in the event of any dispute. Access to the Website from territories or countries where the Content or purchase of the products sold on the Website is illegal is prohibited. The User may not use this Website in violation of South African export laws and regulations. If the User accesses this Website from locations outside of South Africa, that User is responsible for compliance with all local laws. Terms and Conditions constitute the entire agreement between the Provider and the User with regard to the use of the Content and this Website.
If any provision contained in this agreement is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of this agreement, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable South African law.
The failure of either party to require performance by the other party of any provision of this agreement shall not affect in any way the first party’s right to require such performance at any time thereafter. Any waiver by either party of a breach of any provision in this agreement shall not be taken or held by the other party to be a continuing waiver of that provision unless such waiver is made in writing.
10. ENTIRE AGREEMENT
These Terms and Conditions are the complete and exclusive agreement between the Provider and the User, and they supersede all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between the Provider and the User relating to the subject event. This agreement may not be explained or supplemented by any prior course of dealings or trade by custom or usage.
11. UPDATING OF THESE TERMS AND CONDITIONS
The Provider reserves the right to change, modify, add to, or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to this Website. It is the User’s obligation to periodically check these Terms and Conditions at the Website for changes or updates. The Users continued use of this Website following the posting of changes or updates will be considered notice of the User’s acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.
12. Comments or Questions