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Terms and Conditions of Use

Terms & Conditions: Terms and Conditions 1. Acceptance of these Terms and Conditions 1.1 This web site, which is accessible at http://www.myshtetl.co.za ("this Web Site"), is made available by St Francis Advertiser cc registration number: 1995/038406/23 ("the Owner"). 1.2 The terms and conditions set out below, including any additional document incorporated by reference ("Terms and Conditions"), apply to any person who uses, accesses, refers to, or views any part of this Web Site ("You" or "Your" including cognitive terms). 1.3 Subject to clause 1.5 below, these Terms and Conditions set out the terms and conditions on which You may use, access, refer to, or view (individually and collectively referred to as "Use") this Web Site and the information, content, products or services available on or through this Web Site ("the Web Site Content"), whether or not the Web Site Content is provided by or belongs to the Owner, its affiliates, subsidiaries, holding companies, partners, third-party providers or any other party. The Web Site Content includes but is not limited to any software, icons, text, graphics, images, sound clips, trade names, logos, designs, trade marks and service marks which are displayed on or incorporated in this Web Site. 1.4 Once You have read these Terms and Conditions, You are required to signify Your agreement to comply with these Terms and Conditions by clicking the "I have read and accept these Terms and Conditions" button. If You do not agree with these Terms and Conditions, You are required to signify Your rejection of these Terms and Conditions by clicking on the "I do not accept these Terms and Conditions" button . 1.5 If You accept these Terms and Conditions, You must comply with all of these Terms and Conditions. If You do not agree to these Terms and Conditions, You will not be allowed to Use this Web Site and the Web Site Content and You must immediately delete all copies of the Web Site Content in Your possession or under Your control. This includes, but is not limited to, any Web Site Content which has been copied or cached by You. 1.6 In addition to these Terms and Conditions, You acknowledge that the Owner may at any time impose additional terms and conditions relating to any service, content, products, facilities or functionality which is made available by the Owner, or the Owner's affiliates, subsidiaries, holding companies or partners, by way of this Web Site or otherwise ("the Additional Terms and Conditions"). If You wish to Use these services, content, products, facilities or functionality, You must agree to the Additional Terms and Conditions. 1.7 You are allowed to print a copy of these Terms and Conditions. If You have any difficulty printing these Terms and Conditions or require assistance in obtaining a hard copy or electronic copy of these Terms and Conditions or of the Additional Terms and Conditions, You should contact Ant Katz on +27 83 227-1532. 2. Scope of permitted use 2.1 Subject to these Terms and Conditions and any Additional Terms and Conditions, You may only Use this Web Site and the Web Site Content in order to view, refer to, or print this Web Site and the Web Site Content for lawful personal and non-commercial purposes ("the Permitted Use"). The Permitted Use does not extend to the source code of this Web Site or of the source code of any software or computer program that forms part of the Web Site Content. 2.2 You are not allowed to perform any act which is not fair use within the context of the scope of the Permitted Use or which has not been expressly approved by the Owner in writing ("the Prohibited Acts"). The Prohibited Acts include (but are not limited to) framing, modifying, distributing, commercialising, exploiting or altering of the Web Site or the Web Site Content or incorporating any part of the Web Site Content in any other work or publication. These Terms and Conditions and any restrictions on the Use of this Web Site or the Web Site Content will also apply to any part of this Web Site or the Web Site Content which is cached when Using this Web Site or the Web Site Content. 2.3 You must get the Owner's prior written approval if You wish to perform any of the Prohibited Acts, whether electronically or otherwise. Requests for approval must be submitted to Ant Katz on +27 83 227-1532. The Owner is entitled, in its sole discretion, to withhold or grant consent. The Owner may also impose any conditions on any consent which is granted. 2.4 When printing the Web Site or the Web Site Content, You must ensure that the following copyright notice appears prominently on every page which is printed: "Copyright MyShtetl.co.za. All rights reserved". 2.5 The Owner may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate: 2.5.1 the operation of this Web Site or any of the Web Site Content; or 2.5.2 Your right to Use this Web Site or any of the Web Site Content. 2.6 You may not transfer any rights granted to You in terms of these Terms and Conditions to any other person or entity. 2.7 The Owner is allowed to grant the same, similar, additional or different rights to any other person or entity. 2.8 You are solely responsible for obtaining and maintaining all facilities, services, products and equipment which may be required by You for purposes of the Permitted Use. 3. Exclusion of liability for Use of this Web Site and the Web Site Content 3.1 Use of this Web Site and the Web Site Content is entirely at Your own risk. 3.2 Subject to the provisions of the Electronic Communications and Transactions Act, No. 25 of 2002 ("the ECT Act") and to the fullest extent allowed by law, the Owner will not have any liability whatsoever in relation to this Web Site and the Web Site Content. You hereby indemnify the Owner against any loss, liability, expense, claim, penalty or damage, whether direct, indirect, special or consequential, arising from Your Use of or reliance on this Web Site or the Web Site Content, or any actions or transactions resulting therefrom, even if the Owner has been advised of the possibility of such loss, liability, expense, claim, penalty or damages. 3.3 In addition to the general scope of clauses 3.1 and 3.2 above and to the fullest extent allowed by law, the Owner will not be liable for any unavailability, interruption, downtime, malfunction, or failure of this Web Site or the Web Site Content for any reason whatsoever. 3.4 To the fullest extent allowed by law, if any of the limitations or exclusions of the liability of the Owner in these Terms and Conditions are held by any competent court, arbitrator or authority to be invalid or unenforceable, in no event will the total cumulative liability of the Owner to You exceed R50,000. 3.5 For the purposes of this clause 3 and clause 5 below, any reference to the Owner will be considered to also include the employees, officers, directors, representatives, agents, shareholders, affiliates, subsidiaries, holding companies, advisers, service providers, suppliers and content providers of the Owner. 4. Exclusion of warranties and representations 4.1 Any views or statements made or expressed on this Web Site are not necessarily the views of the Owner, the Owner's affiliates, subsidiaries, holding companies, partners, employees, officers, servants and/or agents. 4.2 This Web Site and the Web Site Content is provided "as is" and is subject to change without notice. 4.3 Subject to the provisions of the ECT Act, this Web Site and the Web Site Content is provided without any representation or warranty whatsoever, whether express, implied or statutory. This includes but is not limited to any representation or warranty as to the operation, integrity, compatibility, availability or functionality of this Web Site or as to the operation, accuracy, completeness, integrity, compatibility, availability, functionality or reliability of the Web Site Content. 4.4 The Owner also makes no warranty or representation, whether express or implied, that the Web Site Content is free of viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation of a computer system, computer network, any handset or mobile device, or Your hardware or software. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or Your hardware or software. 4.5 The Owner does not accept any responsibility for any errors or omissions on this Web Site or the Web Site Content. 4.6 You must not rely on any warranty or representation, which allegedly induced You to agree to these Terms and Conditions, unless the representation or warranty is recorded in these Terms and Conditions. 4.7 This Web Site and the Web Site Content is not intended to, and does not, constitute advice or a recommendation of any nature at all in respect of, but not limited to, any institution, investment, service or product. 4.8 You must not enter into any transactions, make any investments, make decisions of any nature, including, without limitation, any financial or investment decisions, or incur any loss or liability based partly or wholly on the Web Site Content. You should always obtain independent expert advice prior to making any investment or other decisions. 4.9 To the extent that the Web Site Content relates to any stock exchanges, financial markets, financial products, securities, derivatives, units, funds, currencies and/or exchange rates, You acknowledge that this information may not be accurate or complete. You further acknowledge that any assessment or reflection of the performance of any security, unit, fund, product, stock exchange, derivative or financial market does not mean that such performance will be repeated or should be relied upon in any way. 5. References and links to and from other web sites, products and services 5.1 This Web Site may contain references or links to other web sites ("Other Web Sites") and to the products, opinions or services of third parties. These references or links are not intended to be, and should not be interpreted as an endorsement, recommendation, or affiliation to these Other Web Sites or the opinions, products, services or conduct of third parties. Your use of Other Web Sites or the products or services of third parties will be entirely at Your risk. 5.2 Subject to the provisions of the ECT Act and to the fullest extent allowed by law, the Owner is not responsible for any loss, liability, expense, claim, penalty or damage, whether direct, indirect, special or consequential, arising from or related to the reliance on, use or attempted use of Other Web Sites or the opinions, products or services of third parties. 5.3 You may not make (and You may not allow any third party to make) any reference to the Owner, this Web Site or the Web Site Content, whether by way of a link or otherwise, where the reference could in any way be interpreted as an endorsement, affiliation, or recommendation by the Owner in relation to You or a third party, or of Your services, products, opinions or conduct or those of a third party. 6. Intellectual Property 6.1 The Web Site Content, including (without limitation) any software, icons, text, links, graphics, images, sound clips, trade names, logos, trade marks and service marks are protected by law, including but not limited to copyright, patent and trade mark law, and are the property of the Owner and/or third parties. Any unauthorised Use of the Web Site Content is prohibited. 6.2 Subject to clause 2 above, You will not acquire any right, title or interest in or to this Web Site or the Web Site Content other than those rights expressly granted to You in these Terms and Conditions. Your rights of Use are subject to these Terms and Conditions. 6.3 Where any of the Web Site Content has been licensed to the Owner or belongs to any third party, Your rights of Use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and You agree to comply with such third party terms and conditions. 7. Your behaviour when Using this Web Site 7.1 You may not Use this Web site to obtain or distribute: 7.1.1 copyrighted material or material protected by laws relating to intellectual property rights without the permission of the Owner; 7.1.2 material containing viruses or any other destructive materials or data or code which is able to corrupt, interfere with, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation of a computer system or hardware or software; 7.1.3 material which is defamatory, unlawful or contains hate speech; or 7.1.4 bulk e-mail, whether solicited or unsolicited. 7.2 You must not interfere with or jeopardise the functionality or the operation of any part of this Web Site or attempt to interfere with or jeopardise, disrupt, disable, harm or otherwise impede in any manner the functionality or operation of any part of this Web Site. 7.3 You are strictly prohibited from Using this Web Site for "spoofing", "hacking", "flaming", "cracking", "phishing" or "spamming" or any other activity designed or aimed at achieving purposes similar or the same as the aforementioned acts. 7.4 You may not intercept any information transmitted to or from the Owner or this Web Site which is not intended by the Owner to be received by You. 7.5 You must respect other users of this Web Site at all times. 8. Variation of certain deeming provisions in the ECT Act 8.1 By Using this Web Site, You agree that these Terms and Conditions create a binding agreement between the Owner and You, even though these Terms and Conditions are wholly or partly in the form of a data message. You agree specifically that: 8.1.1 the agreement will be treated as if it was concluded at the Owner's physical address detailed in clause 10.1 below on the date on which You first made any Use of this Web Site; 8.1.2 an electronic signature is not required by You or the Owner for purposes of agreeing to these Terms and Conditions. You agree that by Using this Web Site or the Web Site Content this will be sufficient evidence of Your agreement to these Terms and Conditions; 8.1.3 any data message sent by You to the Owner will be deemed to have been sent from the Owner's physical address detailed in clause 10.1 below if neither Your usual place of business nor residence is located within the Republic of South Africa; 8.1.4 any data message sent by the Owner to You will be deemed to have been received by You at the Owner's physical address detailed in clause 10.1 below if neither Your usual place of business nor residence is located within the Republic of South Africa; 8.1.5 any communication sent to You by an information system programmed to operate automatically on behalf of the Owner will not be a data message attributable to the Owner or authorised by the Owner; 8.1.6 subject to clause 8.1.5 above and clause 10 below of these Terms and Conditions, a data message sent by You to the Owner will only be treated as having been received by the Owner when an acknowledgement of receipt is sent by the Owner personally or a person who had authority to act on behalf of the Owner in respect of that data message; and 8.1.7 this agreement will be interpreted and implemented in accordance with the laws of the Republic of South Africa and You agree to the jurisdiction of the courts of the Republic of South Africa. 9. Discussion Forums and bulletin boards 9.1 Discussion forums and/or bulletin boards ("the Forums") may, from time to time, be made available on the Web Site. 9.2 By You posting or publishing any content on the Forums, You: 9.2.1 grant to the Owner a non-exclusive, royalty free, irrevocable licence to use, publish, disseminate, distribute, reproduce, adapt, and/or Sub-licence such content on the Web Site and/or to any of its affiliated publications and to use the content for, amongst others, its promotional, marketing and research purposes; 9.2.2 acknowledge and agree that while the Owner is unable to review all content posted in the Forums, it reserves the right, in its sole discretion, to delete, edit or relocate any such content for any reason; 9.2.3 acknowledge that should You disclose Your personal information in any of the Forums, Your personal information may be viewed, collected and/or used by any other party using the Web Site. In such circumstances, You agree that the Owner shall not be obliged to protect Your personal information or any other interest in law or otherwise, and You indemnify the Owner from any loss (whether direct, indirect or consequential) You may suffer as a result of any party being privy to Your personal information; 9.2.4 agree that You may use the Forums only for personal non-commercial purposes. 9.3 You further agree not to post or publicise: 9.3.1 any content which may be considered, amongst others, abusive, racist, obscene, defamatory, pornographic or illegal; 9.3.2 off-topic content, or the same content in multiple Forums; 9.3.3 any graphics, audio or JavaScript files in any of the Forums; and 9.3.4 any content that may, in the opinion of the Owner, be seen as (without limitation) solicitation of funds or advertising of goods or services; 9.4 You acknowledge and agree that the Owner shall be entitled, in its sole discretion and for any reason, to prohibit You, from participating in any discussion in any of the Forums. 10. Interception and monitoring You agree that Your communications on this Web Site may be intercepted, as defined in the Regulation of Interception of Communications Act 70 of 2002 (as amended), by the Owner or any other competent authority. 11. Privacy Policy Please click here to view the Privacy Policy. 12. Variation of these Terms and Conditions 12.1 Subject to the variations or amendments provided for in terms of clause 12.2 below, no other variation or amendment, in any form whatsoever, of these Terms and Conditions will be enforceable or binding on the Owner unless the Owner has agreed to such variation or amendment in writing. 12.2 The Owner is entitled and reserves the right to vary or amend these Terms and Conditions from time to time and in its sole discretion ("Amended Terms and Conditions"). These Amended Terms and Conditions will be displayed on this Web Site. On the first occasion on which You Use this Web Site after the Amended Terms and Conditions have been displayed on this Web Site, if You continue to Use this Web Site after having had a reasonable opportunity to review the Amended Terms and Conditions, the Amended Terms and Conditions will immediately be treated as being effective and binding on You. 12.3 It is Your responsibility to access and familiarise Yourself with any Amended Terms and Conditions on each occasion that You make Use of this Web Site or the Web Site Content. 13. Disclosures in terms of the ECT Act 13.1 You are entitled to the following information in terms of section 43 of the ECT Act: 13.1.1 the Owner/supplier's full name, legal status , identity or registration numbers; 13.1.2 the Owner/supplier's physical address; 13.1.3 the Owner/supplier's full name, legal status , identity or registration numbers; 13.1.4 the Owner/supplier's telephone numbers, web site address and e-mail address; 13.1.5 details of the Owner/supplier's membership to any self-regulatory or accreditation body (if applicable), including the contact details of that body; 13.1.6 details of any code of conduct to which the Owner/supplier subscribes, including details on how the code may be accessed electronically; 13.1.7 in the case of a legal person, the names of its office bearers and place of registration; 13.1.8 physical address where the Owner/supplier will receive legal service; 13.1.9 a sufficient description of the main characteristics of the goods or services offered by the Owner/supplier to enable a consumer to make an informed decision on the proposed electronic transaction; 13.1.10 the full purchase price of the goods and services, including transport costs, taxes and any other fees or cost; 13.1.11 any terms of agreement, including any guarantees, that will apply to the transaction and how those terms may be accessed, stored and are produced electronically by consumers ; 13.1.12 the manner of payment; 13.1.13 the time with in which goods will be dispatched or delivered or within which the service will be rendered; 13.1.14 the manner and period within which a full record of the transaction can be accessed and maintained; 13.1.15 the return, exchange and refund policy of the Owner/supplier (if any); 13.1.16 any alternative dispute resolution policy to which the Owner/suppler subscribes and the wording of the code may be accessed electronically; 13.1.17 the security procedures and privacy policy of the Owner/supplier in respect of payment, payment information and personal information; 13.1.18 the minimum duration of the agreement in the case of an agreement for the supply of products or services to be performed on an ongoing basis or recurrently; 13.1.19 the consumer's rights in terms of Section 44 of the ECT Act, if applicable. 14. Miscellaneous matters 14.1 Addresses for notices 14.1.1 Except where stated otherwise in these Terms and Conditions, the Owner's address for the service of any notice is: postal address: P.O. Box 2810 Saxonwold Johannesburg, South Africa 2132 physical address: 27 Roux Street, Rouxville, Johannesburg, South Africa 2196 14.1.2 All notices to the Owner must be marked for the attention of Ant Katz. All notices of a legal nature or relating to legal proceedings must be delivered by registered post to the postal address of the Owner and also delivered by hand to the physical address of the Owner. 14.1.3 Notices given to the above addresses will only be deemed to have been duly given: 14.1.3.1 14 days after posting, if posted by registered post to the Owner's postal address; 14.1.3.2 3 days after delivery, if delivered by hand to the Owner's physical address; 14.2 Disputes, claims and legal proceedings 14.2.1 Subject to clause 10.2.4 below, any dispute declared by You and any claim which You may have against the Owner arising out of or in connection with these Terms and Conditions or the Use of the Web Site or the Web Site Content, including after termination, cancellation or amendment of these Terms and Conditions, will be referred to arbitration in accordance with the Arbitration Act 1965 (as amended) or any replacement Act and will take place in accordance with the Commercial Arbitration Rules of the Arbitration Foundation of Southern Africa. 14.2.2 Subject to clause 10.2.4 below, if the Owner declares a dispute with You, or wishes to institute any claim or legal proceedings against You arising out of or in connection with these Terms and Conditions or Your Use of the Web Site or of the Web Site Content, the Owner reserves the right to deal with the matter in a forum of its choice, which will include but will not be limited to, the courts of the Republic of South Africa. This right will continue to apply after termination, cancellation or amendment of these Terms and Conditions. 14.2.3 You agree that the Owner is entitled, but is not obliged, to institute any proceedings arising out of or in connection with these Terms and Conditions or your Use of the Web Site or of the Web Site Content, in any Magistrates' Court in the Republic of South Africa having jurisdiction over You, even though the cause of action in question exceeds the jurisdiction of that court. 14.2.4 Neither You nor the Owner will be precluded from obtaining interim relief on an urgent basis from a court of competent jurisdiction pending the institution or resolution of a dispute or other legal proceedings. 14.3 Costs Any costs, including legal costs on attorney and own client scale and value-added tax, incurred by the Owner arising out of Your Use of this Web Site or the Web Site Content, or a breach of these Terms and Conditions, will be borne by You. 14.4 Assignment 14.4.1 You may not cede, assign or transfer any of Your rights and obligations in these Terms and Conditions without the prior written consent of the Owner. 14.4.2 The Owner is entitled to cede, assign or transfer any of the Owner's rights and obligations in these Terms and Conditions without Your prior written consent and without notice to You. 14.5 Interpretation 14.5.1 The clause headings in these Terms and Conditions have been inserted for convenience only and will not be taken into consideration in the interpretation or affect the constructions of these Terms and Conditions. 14.5.2 Any reference in these Terms and Conditions to the singular includes the plural and vice versa. Any reference in these Terms and Conditions to natural persons includes legal persons. References to any gender include references to the other genders and vice versa. 14.5.3 Unless the context requires otherwise or it is expressly stated to the contrary, any words and phrases: 14.5.3.1 defined in these Terms and Conditions will bear the same meaning throughout these Terms and Conditions; 14.5.3.2 not defined in these Terms and Conditions but defined in the ECT Act will bear the same meaning given to them in the ECT Act. 14.5.4 A copy of the ECT Act can be viewed and downloaded at http://www.polity.org.za/pdf/ElectronicCommunications.pdf. It is your responsibility to ensure that the copy downloaded is the most recent version of the ECT Act. 14.5.5 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, which will continue to be valid and enforceable. 14.5.6 References to "writing" or notices "in writing" by the Owner in these Terms and Conditions only includes writing on paper signed in ink by an authorised representative of the Owner and specifically excludes any writing which may be in electronic form. 14.5.7 No relaxation or indulgence which the Owner may grant to You will be deemed to be a waiver of any of the Owner's rights in these Terms and Conditions or in law. 14.5.8 In the event of any conflict between these Terms and Conditions and any Additional Terms and Conditions, the Additional Terms and Conditions will prevail. 14.5.9 The termination of the agreement created by these Terms and Conditions will be without prejudice to any other rights or remedies that You or the Owner may be entitled to under this agreement or at law, and will not affect any accrued rights or liabilities of You or the Owner nor the coming into or continuance in force of any provision of these Terms and Conditions which is expressly or by implication intended to come into or continue in force on or after such termination.

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