These terms and conditions cover the following:
- Website - Terms and Conditions of Use
- Content upload - Terms and Conditions
- Privacy Policy
About the Website Terms and Conditions ("Terms of Use") : Please read these Terms of Use carefully before using www.southafrica.net/channel (the
"Site" ). By accessing and using this Site, you the end user (
"you" / "your" ) expressly agree to comply with these Terms of Use. If you do not agree with any of the below Terms of Use, do not use this Site.
South African Tourism ("SAT"/"we"/"our" ) reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms of Use at any time. Any changes to these Terms of Use that may affect your rights will be alerted to you on the homepage for the first week in which such change is made and notified by e-mail to those of you who have registered your e-mail address with SAT.
In addition to our notification to you of such changes we encourage you to review these Terms of Use regularly so that you are familiar with their scope and any changes that may have been made. By using this service after we have posted notice of such modifications, alterations or updates, you agree to be bound by the revised terms. SAT retains the right to deny access to anyone who we believe has violated any of these Terms of Use.
If you do not agree with these Terms of Use and do not wish to be bound by them, please do not upload any of your content to this Site or participate in the competitions or other activations via this Site.
This site is operated by South African Tourism at Bojanala House, 90 Protea Road, Chislehurston, Sandton, 2196, South Africa (the "Promoter" )
Trademarks, copyrights and restrictions : All material on this Site, including, but not limited to text, images, illustrations, audio clips, and video clips, is protected by copyrights, trademarks, and other intellectual property rights which are owned and controlled by SAT, Promoter, or by other parties that have licensed their material to SAT or Promoter. This material is solely provided for your personal, non-commercial use. Such material may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, including by e-mail or other electronic means. Without the prior written consent of the owner, modification of the materials, use of the materials on any other website or networked computer environment, or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks, and other proprietary rights, and is prohibited.
User Submissions to the Site : You agree that any material (including any intellectual property rights in such material), including but not limited to material sent via chat services, bulletin boards or articles submitted for publication on this Site or using any of the Web Site Services (as defined below) ("User-Generated Content") is subject to additional UGC Terms published on this Site.
You agree that by submitting materials to this site, that you are the owner of said materials and have the rights to submit the materials as User Generate Content to the site.
When you or any other person authorised by you submits material to the Site, you agree that SAT and/or Promoter has the right to publish or otherwise use the material or any of its elements for any type of use, including promotional and advertising purposes, subject to the Privacy Policy.
Neither SAT nor Promoter is obligated to monitor the User Generated Content to ensure that it complies with applicable laws or regulations.
Your Responsibilities : You agree that you will not use the Site or any of the Web Site Services as follows:
- to send, receive, upload, download, store, use, distribute or publish any material that is offensive, abusive, indecent, defamatory, obscene, or in breach of any other person's intellectual property rights or breaches any obligation of confidentiality by which you are bound;
- to send or distribute multiple unsolicited e-mails or messages ('spam') or to cause any other person annoyance, inconvenience or worry; and
- for any purposes connected to any business, including sending any unsolicited advertisements or promotional material.
You agree to indemnify SAT and Promoter against any claims, costs, expenses or legal proceedings caused as a result of your use of the Site or Web Site Services in contravention of these Terms of Use. Further, in such circumstances, SAT shall be entitled to treat the contravention as a material breach of these Terms of Use and terminate the Terms of Use and any access permission granted to you by SAT forthwith, without notice to you.
SAT and Promoter's Responsibilities : Neither SAT nor Promoter makes any representation or warranty that the Site or services offered via the Site (i.e. bulletin boards, chat, etc. but excluding any merchandise made available by from this Site or via links to this Site, which are subject to the separate Merchant terms and conditions) ( "Web Site Services" ) will be accessible, or useable by you or error free or that defects will be corrected, or that SAT, Promoter or the server that makes them available are free of viruses or other harmful components. The material that you read on this Site is provided solely for entertainment and promotional purposes. Neither SAT nor Promoter warrants or makes any representations regarding the use or the results of the use of the materials on this Site in terms of their correctness, accuracy, reliability, or otherwise.
SAT and Promoter each reserve the right, without notice to you, to remove any material from the Site or to suspend or alter the operation of the Site or any Web Site Services, at its sole discretion or for legal or technical reasons.
Limitation of Liability : Neither SAT nor Promoter limits its liability for death or personal injury to the extent that it arises as a result of the negligence of SAT or Promoter respectively, their employees or contractors and the remainder of this clause shall not apply to such liability.
Neither SAT, Promoter, nor their affiliated or related entities, nor any of their respective employees, or agents, nor any person or entity involved in the creation, production, and distribution of this Site are responsible or liable to any person or entity whatsoever for any loss or damage whatsoever resulting from the use of this Site. By way of example, and without limiting the generality of the foregoing, SAT, Promoter and related persons and entities shall not be responsible or liable for any claim or damage arising from failure of performance, error, omission, interruption, deletion, defect, delay in operation, computer virus, theft, destruction, unauthorised access to or the reliance upon or use of data, information, opinions or other materials appearing on this Site. You expressly acknowledge and agree that neither SAT nor Promoter are not liable or responsible for any defamatory, offensive or illegal conduct of other subscribers or third parties.
Links : This Site may contain links to other web sites ("Linked
Sites"). The Linked Sites are for your convenience only, and you access them at your own risk. Neither SAT nor Promoter are responsible for the content of the Linked Sites, whether or not SAT or Promoter are affiliated with sponsors of the sites. SAT and Promoter do not in any way endorse the Linked Sites.
Consent to Use Your Information : For the purposes of the Data Protection Act 1998, you acknowledge that in the course of registering and using this Site and the Web Site Services, certain personal information or data about you will be captured electronically or otherwise and transmitted to SAT and/or its contractors. By accepting these Terms of Use, you expressly agree to transfer such personal information or data to SAT or its contractors to use, store and process the personal information for the purposes of providing the Web Site Services.
For the purposes of the Data Protection Act 1998, you further agree that SAT or its contractors involved in the provision of the Web Site Services, may send your personal data outside of the European Economic Area for processing.
You may revoke the consents given above by giving notice to SAT in accordance with its privacy policy, but in those circumstances you must exit the Site and will have no further rights to access the Site or use the Web Site Services.
For more information about the purposes for which SAT may use your personal information, please read the Privacy Policy displayed on this Site.
General : These Terms of Use, together with the Content Upload Terms and Conditions, the Competition Terms and Conditions (if any) and the Privacy Policy, form the entire agreement between you on the one hand and SAT and Promoter on the other hand and supersede any other oral or written communications, agreements or representations with respect to your use of this Site and Web Site Services.
Nothing in these Terms of Use affects your statutory rights as a consumer.
If any part of these Terms of Use is held by a court of competent jurisdiction to be unenforceable, the validity of the remainder of these Terms of Use will not be affected.
You acknowledge that SAT has entered into these Terms of Use for its and the Promoter's own benefit and for the benefit of its subsidiary and holding companies or a subsidiary of that holding company all as defined by section 736 of the Companies Act 1985 as amended by the Companies Act 1989 and these Terms of Use are intended to be enforceable by each SAT group company by virtue of the Contracts (Rights of Third Parties) Act 1999.
Subject to the above, a person who is not a party to these Terms of Use has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms of Use but this does not affect any right or remedy of a third party which exists or is available apart from that Act.
If SAT or Promoter or any contractor is unable to perform any obligation under these Terms of Use because of a matter beyond its reasonable control, including (but not limited to) fire, flood, explosion, war, civil disorder, industrial disputes (whether or not involving its employees), or other disasters or governmental laws and regulations imposed after the fact, or events beyond the reasonable control of SAT or Promoter or its contractors, neither SAT nor any contractor will have any liability for that failure to perform.
Your use of the Internet is solely at your risk and subject to all applicable laws, and neither SAT nor Promoter has any responsibility for any information, software, services or other materials accessed or obtained by you using the Internet.
Unless otherwise specified on this Site, the materials available on this Site are directed solely at those who access the Site from Australia. SAT makes no representation that any such material is appropriate for use elsewhere, or available in any other locations. Those who choose to access this Site and the Web Site Services from any other location are solely responsible for compliance with local laws and regulations if, and to the extent, that they are applicable.
These Terms of Use are governed by the laws of South Africa, and subject to the non-exclusive jurisdiction of the South African Courts.
SAT : South African Tourism Registered Office: Bojanala House,
90 Protea Road, Chislehurston, Sandton, 2196, South Africa Registered in South Africa
Promoter : South Africa Tourism Registered Office: Bojanala House,
90 Protea Road, Chislehurston, Sandton, 2196, South Africa