Terms of Use
Terms of Use
Mandatory Terms of Use
Welcome to the Private Members Website of The Old Stithian Association (OSA, we, us, our) currently located at members.oldstithian.org ("Website").
1. Scope
The Website and other websites or webpages added this Website from time to time, in conjunction with the Disclaimer, to provide a repository where you ( You or Your ) and other software experts, developers, users, and other interested parties (each, a User and collectively, Users ) may obtain and share information around our products and services, and other topics found on the Website. If You are accessing and/or using the Website on behalf of Your employer or as a consultant or agent of a third party (collectively Your Company), You represent and warrant that You have the authority to act on behalf of and bind Your Company to the terms of this Terms of Use Agreement (TOU) and everywhere in this TOU that refers to You or Your, shall also include Your Company.
2. Acceptance of Terms
Unless otherwise agreed to in a separate signed agreement between Your Company and us, Your access and use of the Website, Content (defined in Section 7 below), or any forums, wikis, blogs, or services provided on the Website (any Services ), are subject to this TOU. Additionally, Your use of the Website, Content, and the Services may also be subject to disclaimers, legal notices, click-through agreements, or other legal agreements (any, Additional Legal Terms ), which may be posted on the Website where applicable. This TOU and the applicable Additional Legal Terms (together Controlling Terms) form a legally binding agreement between You and us regarding Your access and use of the Website, Content, and the Services. Whenever there is a conflict between the terms in this TOU and the Additional Legal Terms, the terms in the Additional Legal Terms shall control. By accessing or using the Website, You accept and agree to abide by the terms of this TOU. If You do not agree to the terms of this TOU, You must not attempt to access or use the Website. Your access and use of any of our software or related documentation provided on the Website (together our Software ) shall be subject to a separate software license agreement made available to You at the time You access or download our Software.
3. Changes and Notices
We reserve the right to make changes to this TOU and to modify, change or discontinue any part or all of the Website and/or the Services at any time. We may notify You of any changes to this TOU when You visit the website, or via email, or by providing You with information on such update and updating the TOU which can be viewed via the Terms of Use link and or the Legal Disclaimers Link. We may make changes to its products, service offerings, the Website, and/or the Services and our Software at any time without notice.
THE MOST CURRENT VERSION OF THIS TOU CAN BE ACCESSED BY CLICKING TERMS OF USE AND / OR LEGAL DISCLAIMERS WHICH MAY BE INCLUDED ON THE BOTTOM OF EACH WEB PAGE COMPRISING THE WEBSITE.
4. Confidential Information
Except for Web sites within this Website which are clearly identified as non-public (each a Non-Public), the Website is intended to be a public forum subject to the terms of this Agreement and You agree not to provide us or other Users with any confidential or proprietary information that You or the owner of the information do not intend to become public information. Any Content that You send or upload to the Website will be deemed NOT to be confidential or proprietary, and You expressly agree that You waive any trade secret or other confidentiality rights with respect to such uploaded Content.
You agree not to reproduce any Confidential Information to which you are provided access through the Website in any form except as authorized at the time of disclosure. Any reproduction of our Confidential Information shall remain our property and shall contain any and all confidential or proprietary notices or legends which appear on the original. You agree to (a) take all reasonable steps (defined below) to keep all Confidential Information strictly confidential; (b) to use Confidential Information solely as authorized at the time of disclosure and (d) not to disclose any Confidential Information to any party without our prior written consent. You do not acquire any rights in Confidential Information except the limited rights as described above. In no event shall You use Confidential Information to create, enhance, modify, rent, lease, loan, sell, distribute or create derivative works based on the Software or Services, or compete with our Software or Services in whole or in part. As used herein, Confidential Information shall mean all trade secrets and other information or Services which we or third parties protect against unrestricted disclosure to others which is either labeled Confidential, accessed through a restricted area of the Website, pursuant to software downloads, or reasonably identifiable as confidential based on the type of information and the manner of its disclosure, and reasonable steps means those steps You and/or Your Company take to protect Your own similar Confidential Information, which shall not be less than a reasonable standard of care.
ALL UPLOADS BY YOU INTO THE WEBSITE WHETHER INTO A PUBLIC FORUM OR NON-PUBLIC FORUM, SHALL BE AT YOUR OWN RISK AND WE TAKE NO RESPONSIBILITY FOR THE USE OR MISUSE OF ANY SUCH UPLOADED INFORMATION BY ANY OTHER USER OF THE WEBSITE.
5. Your information, Privacy, and Data protection
You understand and agree that we collect, use, store and otherwise process Your personal information and utilise data and may share such data with third party service providers for the purposes of improving or providing the Services subject to our Privacy Statement. Data to be processed includes Your name, email address, and other information which may include but is not limited to Your telephone number, and postal address. In a limited number of cases when accessing specific websites or responding to sales offers (each, a “Transaction”), we may temporarily collect and utilise Your credit card number and expiration date for the purposes of processing a Transaction. Collection and processing of credit card numbers and expiration dates will be subject to a separate agreement.
You agree that we may access, preserve and disclose Your personal information and/or Content if required to do so by law or to: (i) comply with a legal process; (ii) respond to claims that any Content violates the rights of third parties or (iv) protect the rights, property or our personal safety and that of our, Users, and the public.
YOU AGREE TO COMPLY WITH THE TERMS OF OUR PRIVACY STATEMENT ABOVE, AND THE PRIVACY TERMS FOUND BY CLICKING ON PRIVACY AT THE BOTTOM OF THE HOME WEB PAGE COMPRISING THE WEBSITE.
6. Copyright Policy
Unauthorized copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of the copyright holders rights. You agree that You will not use the Website to infringe our Intellectual Property Rights of that of others in any way. You must not remove, overprint or deface any notice of copyright, trademark, logo, legend, or other notice of ownership from any originals or copies of our Software, third party software, or any Content accessed on the Website. As used herein, Intellectual Property Rights means patents of any type, design rights, utility models or other similar invention rights, copyrights, trademarks, service marks, trade secret or confidentiality rights, and any other intangible property rights including applications for any of the foregoing, in any country, arising under statutory or common law or by contract and whether or not perfected, now existing or hereafter filed, issued, or acquired.
You agree to comply with the terms of our above Copyright Policy and those terms found by clicking on Copyright/Trademark at the bottom of the home web page comprising the Website.
7. Responsibility for links and content
We accept no responsible or liable whatsoever for the Content posted on the Website or where it may contain links to external Web sites and information provided on such external websites by our partners and third-party service providers. We shall not be responsible for the contents of any linked Web site, or any changes or updates to such sites. You further agree that we shall not be directly or indirectly responsible or liable for any damage or loss caused or alleged to be caused by or in connection with Your use of or reliance on any content, goods or services available on or through any such linked Web site. Any article, information, data, code, text, software, documentation, graphics, image, marketing material, video, photograph, message, or posting to any forum, wiki, or blog on the Website (any Content ), whether publicly posted or privately transmitted, is the sole responsibility of the person or entity providing the Content.
8. Intellectual Property Rights; License Grant
By transmitting or uploading Content to the Website, You grant Tezula a perpetual, unlimited, irrevocable, royalty-free, worldwide license to: use, reproduce, adapt, display, perform, modify, transmit, translate, distribute, and create derivative works of the Content; to make, have made, offer to sell, sell, lease, or otherwise distribute any Content or product; and to practice any method, embodying such Content (including the right to sublicense any of the foregoing). You further represent and warrant to us that You have the right, title, and/or authority to grant such license to us. We may elect not to post or publish the Content that You send or upload. If we elect to post or publish the Content, we may in our sole discretion elect to withdraw the posted or published information for any reason and without notice.
All Intellectual Proprietary Rights to any of our Software and the Services shall belong to us. Nothing in this TOU shall be deemed to give You the right to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative words from, transfer, or sell any of our Software for any reason unless otherwise permitted by law. You hereby agree to assign and do assign to us any modifications or derivative works of any of our Software made by You in contravention of this limitation.
9. Permissible use of the Website
You are permitted to access the Website and Use the Services Content and our Software solely for Your personal, informational, non-commercial purposes.
10. Termination and Accountability
In the event You are in material breach of the Controlling Terms, we may, at our sole discretion refuse You any current or future use of the Website. We may remove any Content posted on the Website at our sole discretion. We shall not be liable to You or any third party for any termination or change to the Website and/or the Services. If You send or upload Content that is confidential or proprietary of a third party without that third party’s permission, or, if You transmit or upload Content that is intended to infect, corrupt or otherwise disrupt the operation of the Website or any other Users computer system, we may report You to the relevant authorities to ensure You are held accountable to the fullest extent of applicable laws.
You agree not to use the Website to:
publish, upload, post, email, transmit or otherwise make available any Content that (a) You do not have the right to make available (b) is unlawful, harmful, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable; (c) infringes any Intellectual Property Rights of any party, (d) includes any unsolicited or unauthorized advertising, promotional materials, surveys, junk mail, spamming, chain letters, or any other form of solicitation, commercial or otherwise, or (e) contains a software virus, Trojan horse, worm, time bomb, cancelbot, corrupted file, or any other computer file or software designed to interrupt, destroy, damage or limit the functionality of any computer hardware, software or other property;
defame, harass, abuse, stalk, threaten or violate the legal rights of others such as rights of privacy and publicity;
impersonate any person or entity, including, but not limited to, our official, our employee, or any other third party, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
forge email headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
download any file or Content posted by another user that You know, or reasonably should know, should not be legally reproduced, displayed, performed and/or distributed in such manner;
interfere with or disrupt the Services, servers, or networks which support the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
violate any applicable local, state, national or international law and any regulations;
harvest, collect, or store personal information or data of other Users.
11. Indemnity
You agree to indemnify and hold us, our affiliates, subsidiaries, officers, agents, partners, employees, and licensors harmless from any claim or demand, including reasonable attorneys fees, made by any third party due to or arising out of Your Content or Your usage of the Website or Services, Your breach of this TOU or our Copyright or Privacy Statements, or Your alleged violation of any other rights of a third party.
12. Limitation of Liability
TO THE EXTENT ALLOWABLE BY APPLICABLE LAW, WE AND OUR AFFILIATES, SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS ARE NOT LIABLE TO ANY USER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF TEZULA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER CAUSED, WHETHER IN CONTRACT, TORT, OR OTHERWISE, ARISING OUT OF OR RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE WEBSITE, OUR SOFTWARE, OR SERVICES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES ARISING OUT OF YOUR USE OR INABILITY TO USE ANY OF OUR SOFTWARE, CONTENT, OR SERVICES PURCHASED OR OBTAINED DURING TRANSACTIONS CONDUCTED ON THE WEBSITE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS, MESSAGES, OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (V) ANY OTHER MATTER RELATING TO THE WEBSITE OR SERVICES. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, THESE LIMITATIONS SHALL NOT APPLY IN CASE OF INTENT OR GROSS NEGLIGENCE BY US AND IN CASE OF OUR STATUTORY LIABILITY FOR PERSONAL INJURY AND DEFECTIVE PRODUCTS.
13. Applicable Law
This site is created and controlled by us in South Africa. The laws of South Africa will govern this TOU without giving effect to any principles of conflicts of laws. You also agree to comply with all laws from the country in which You reside that are applicable to the transmission of data on the Internet, including, but, not limited to laws governing the use of encryption and laws governing the transmission of data across international boundaries, into prohibited countries, and containing personally identifiable information. Your further irrevocably agree to the jurisdiction of the South Gauteng High Court.
14. Waiver and severability
The failure of us to exercise or enforce any right or provision of this TOU shall not constitute a waiver of such right or provision. To the extent that any provision in this TOU shall be found to be unenforceable, such provision shall be modified in such a manner so as to make this TOU as modified, legal and enforceable under applicable laws and the balance of the provisions of this TOU shall not be affected thereby.
15. Queries
Queries are to be directed to the appropriated contact details provided under the contact section of the Website.
16. Disclaimer