Terms and Conditions
These Terms and Conditions govern your use of this website “https://www.proteawebdesign.com” and any of its sub-domains and membership sites. By accessing this website, you acknowledge and accept these terms and conditions. These terms and conditions are subject to change by Protea Web Design (Pty) Ltd (from now on the “COMPANY”) at any time and at our discretion without notice. Your use of this website after any changes are implemented constitutes your acceptance of the changes. As a result, we encourage you to consult the terms and conditions each time you use this website.
1. INTELLECTUAL PROPERTY
You acknowledge and agree that all content and materials available on this site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by COMPANY, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content. As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this site is strictly prohibited without the COMPANY’s express written permission. For information on requesting such permission, please get in touch with us at firstname.lastname@example.org.
2. THIRD-PARTY REFERENCES / HYPERLINKS
This site may link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the COMPANY’s control, and you acknowledge that the COMPANY is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. Including such a link does not imply endorsement of the site or any association with its operators.
3. ONLINE COMMERCE
Certain sections of the site may allow you to purchase different types of products and services online provided by third parties. We are not responsible for the quality, accuracy, timeliness, reliability, or other aspects of these products and services. If you make a purchase from a merchant on this site or a site linked to by this site, the information obtained during your visit to that merchant’s online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by both the merchant and us. A merchant may have privacy and data collection practices different from ours. We have no responsibility or liability for these independent policies. In addition, when you purchase products or services on or through this site, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services. For more information regarding a merchant, its online store, its privacy policies, and any additional terms and conditions that may apply, visit that merchant’s website and click on its information links or contact the merchant directly. You release us and our affiliates from any damages you incur and agree not to assert any claims against them or us arising from your purchase or use of any products or services made available by third parties through this site. Your participation, correspondence, or business dealings with any third party found on or through this site regarding payment and delivery of specific goods and services and any other terms, conditions, representations, or warranties associated with such dealings are solely between you and such third party. You agree that COMPANY shall not be responsible or liable for any loss, damage, or other matters incurred due to such dealings. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through this site. You agree to use this site and to purchase services or products through this site for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false, fraudulent purposes or to anticipate demand for a particular product or service. You agree to only purchase goods or services for yourself or another person for whom you are legally permitted to do so. When purchasing for a third party that requires you to submit the third party’s personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party’s personal information.
4. INTERACTIVE SITE FEATURES
This site may include various features, such as bulletin boards, web logs, chat rooms, and email services, which allow feedback to us and real-time interaction between members, and other features that enable members to communicate with others. Responsibility for what is posted on bulletin boards, web logs, chat rooms, and other posting areas on this site, or sent via any email services, lies with each member – you alone are responsible for the material you post or send. We do not control the messages, information, or files that you or others may provide through this site. It is a condition of your use of this site that you do not:
- Restrict or inhibit any other visitors or members from using and enjoying this site.
- Use this site to impersonate any person or entity or falsely state or misrepresent your affiliation with a person or entity.
- Interfere with or disrupt any servers or networks used to provide this site or its features, or disobey any requirements, procedures, policies, or regulations of the networks we use to provide this site.
- Use this site to instigate or encourage others to commit illegal activities or cause injury or property damage to any person.
- Gain unauthorized access to this site, any account, computer system, or network connected to this site, by hacking, password mining, or other illicit means.
- Obtain or attempt to obtain any materials or information through any means not intentionally made available through this site.
- Use this site to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.
- Use this site to post or transmit any information, software, or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark, or other proprietary rights, or derivative works concerning it, without first obtaining permission from the owner or rights holder.
- Use this site to post or transmit any information, software, or material containing a virus or other harmful component.
- Use this site to post, transmit, or exploit any information, software, or other material for commercial purposes or that contains advertising.
- Use this site to advertise or solicit anyone to buy or sell products or services or make donations of any kind without our express written approval.
- Gather any email addresses or other personal information that other members of this site have posted for marketing purposes.
- Purchase, download, or copy any products or services from this site and use them to pirate said content.
COMPANY may host this site’s message boards, chats, and other forums. Any member failing to comply with the terms and conditions of this Agreement may be expelled from and refused continued access to this site without a refund. COMPANY or its designated agents may remove or alter user-created content for any reason. Message boards, chats, and other forums serve as discussion centers for members. Information and content posted within these forums may be provided by COMPANY staff, COMPANY’s outside contributors, or by members not connected with COMPANY, some of whom may employ anonymous user names. COMPANY disclaims all responsibility and endorsement and makes no representation of the validity of any opinion, advice, information, or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings or hyperlinks embedded in any messages. Under no circumstances will we, our affiliates, suppliers, or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the participants’ opinions and do not reflect the views of COMPANY or any of its subsidiaries or affiliates. COMPANY has no obligation to monitor any content or postings on this site’s message boards, chat rooms, or forums. However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post, or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, members, and visitors.
You will need a username and password to use specific site features, which you will receive through this site’s registration process. You are responsible for maintaining the confidentiality of the password and account. You are responsible for all activities (whether by you or others), your password, or your account. You agree to notify us immediately of any unauthorized use of your password or account or any other security breach and ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.
7. CONTACTING US
If you need to contact us, you can email us at email@example.com.
8. DISCLAIMER OF WARRANTIES
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE (THE “CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE COMPANY AND ITS AGENTS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE, OR CORRECT, THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
9. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL THE COMPANY OR ITS AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE COMPANY’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Upon a request by COMPANY, you agree to defend, indemnify, and hold COMPANY and its other affiliated companies harmless and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney’s fees that arise from your misuse of this site.
11. SEVERABILITY AND INTEGRATION
Unless otherwise specified herein, this agreement constitutes the entire agreement between you and COMPANY concerning this site. It supersedes all prior or contemporaneous communications between you and COMPANY concerning this site. If any part of the Terms and Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
The Terms and Conditions shall be governed by and construed by the laws of South Africa. You hereby consent to binding arbitration in Cape Town, South Africa, to resolve disputes under the Terms and Conditions.