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1. Acceptance of Terms of Use
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The SAW Club is provided free of charge to you by The House of SYNERGY (Pty) Limited ("THOS") under these Terms of Service. Although portions of South Africans World-Wide may be viewed simply by visiting the Site, in order to access the message boards and/or receive additional services from SAW you need to register as a member of SAW. If you register as a member of the SAW community, these Terms of Service will govern your use of SAW, including access to message boards, the e-mail account which may be provided to you in connection with SAW and other features. BY SIGNING ON TO SAW AND/OR COMPLETING THE REGISTRATION PROCESS AND SELECTING THE "LOG IN" OPTION, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF USE AS SUCH TERMS MAY BE MODIFIED FROM TIME TO TIME. These Terms of Service govern your use of SAW and all services provided in connection with SAW, including but not limited to any e-mail accounts provided to you by SAW. SAW shall not be liable to you for any breach of these Terms of Service. If you do not agree to these Terms of Service, please do not register for or enter SAW. The Terms of Service for your continued use of SAW will be available throughout SAW. Please check these areas before using SAW to determine whether a change has been made to these Terms of Service. If you do not agree to these changes in the Terms of Service as they may occur, please arrange to terminate your registration with SAW immediately (i) by notifying SAW of your unwillingness to accept the changes to the Terms of Service; and (ii) by discontinuing your use of SAW. Your continued use of SAW will signify your acceptance of any change in the terms and conditions set forth herein.
From time to time SAW may supplement these Terms of Service with additional terms pertaining to specific content or events, ("Additional Terms"), which Additional Terms may be placed on SAW to be viewed in connection with the specific content or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms of Service.
When you register for SAW, you will be required to provide SAW with personal information including, but not limited to, the following: your name, email address, postal/zip code, gender, age, member name and password.
SAW will not sell to any third party your name, address, email address and member name, unless you provide your informed consent, except to the extent necessary to comply with applicable laws, police investigations, or in legal proceedings where such information is relevant. SAW allows access to database information by third-parties providing technical services, such as e-mail, but only to the extent necessary to provide you with those services. In those instances, the third-party is bound by these terms. Your informed consent shall be in the form of an "opt in" or similar policy. You understand and agree that SAW may disclose to third parties, your postal/zip code, gender and/or age, but only in the form of aggregated information.
SAW reserves the right to offer you third party services and products based on the preferences that you identify during the registration process and based on your subsequent preferences; such offers may be provided to you by SAW.
SAW reserves the right to terminate your SAW e-mail account if SAW learns that you have provided SAW with false or misleading registration information.
SAW reserves the right, at its sole discretion, to immediately, without notice to suspend or terminate (i) these Terms of Service; (ii) your registration with or ability to access SAW and/or any other service provided to you by SAW including any e-mail account upon any breach by you of the Terms of Service.
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4. Modifications of these Terms of Service
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SAW may modify these Terms of Service from time to time in its sole discretion. Each time you log on to SAW, you will be deemed to have accepted any such changes.
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5. Modifications of the SAW Web site
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SAW may modify or discontinue SAW with or without notice to you and without liability to you or any third party.
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6. Content of Messages
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You alone are responsible for the content of your messages, and the consequences of any such messages. SAW reserves the right to terminate your registration if it becomes aware and determines, in its sole discretion, that you are violating any of the following guidelines.
ANY USE BY YOU OF ANY OTHER SUBSCRIBER'S INFORMATION, PERSONAL OR OTHERWISE, FOR ANY COMMERCIAL PURPOSE OR TO OBTAIN DIRECT FINANCIAL GAIN (E.G. MASS MARKETING) IS PROHIBITED. ANY SUCH USE SHALL BE DEEMED TO BE A VIOLATION OF THESE TERMS OF SERVICE. SAW IS TO BE USED BY YOU FOR YOUR PERSONAL USE ONLY. Commercial uses of SAW are strictly prohibited unless prior written consent from SAW has been granted. You agree that you will not use SAW for chain letters, junk mail, 'spamming,' solicitations (commercial or non-commercial) or bulk communications of any kind including but not limited to distribution lists to any person who has not given specific permission to be included in such a list.
You further agree not to use SAW to send or post on message boards or any place on SAW, any message or material that is unlawful, harassing, libellous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, sexually oriented, threatening, racially offensive, inaccurate, or otherwise objectionable material of any kind or nature or that encourages conduct that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation, or encourage the use of controlled substances. SAW reserves the right to delete any such material from SAW. SAW will co-operate fully with any law enforcement officials and/or agencies in the investigation of any person or persons who violate the Terms of Service contained in this Section 6.
You agree not to impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or consultant of SAW. You further agree not to use an inappropriate member name of any kind.
You agree not to post or use SAW to distribute or send any illegal material of any kind, including but not limited to, illegal material in the form of text, graphics, video, programs or audio. Posting content or participating in any form of discussion with the intention to commit any illegal activity is strictly prohibited.
You acknowledge that (i) SAW permits access to content that is protected by copyrights, trademarks and other intellectual and proprietary rights ("Rights"); (ii) these Rights are valid and protected in all media and technologies existing now or later developed; and (iii) except as explicitly provided otherwise, the Terms of Service and applicable copyright, trademark and other laws govern your use of such content. You may not post to SAW, copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material subject to any Rights. The burden of determining that any information, software, images or any other content on SAW is not protected by Rights rests with you. You acknowledge that SAW may acquire Rights to use any posted materials as described below, and that you will not acquire any of those Rights by downloading such materials.
By submitting content, which shall include your member name, to any "public area" of SAW, including message boards, forums, contests and chat rooms, you grant SAW and its affiliates a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) world-wide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any Rights that may exist in such content. You also warrant that the holder of any Rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any subscriber to access, display, view, store and reproduce such content for personal use. Subject to the foregoing, the owner of such content placed on SAW retains any and all Rights that may exist in such content. ANYTHING CONTAINED HEREIN TO THE CONTRARY NOTWITHSTANDING, BY SUBMITTING CONTENT TO ANY CONTESTS ON SAW, YOU HEREBY EXPRESSLY PERMIT South Africans World-Wide TO IDENTIFY YOU AS THE CONTRIBUTOR OF SUCH CONTENT TO THE CONTEST IN ANY PUBLICATION IN ANY FORM, MEDIA OR TECHNOLOGY NOW KNOWN OR LATER DEVELOPED IN CONNECTION WITH THE CONTENT, UNLESS YOU OTHERWISE NOTIFY SAW IN WRITING AT THE TIME YOU SUBMIT THE CONTENT THAT YOU DO NOT WISH TO BE IDENTIFIED.
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7. Third Party Services
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You may order services or merchandise through SAW from other persons not affiliated with SAW ("Seller"). All matters concerning the merchandise and services desired from Seller, including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and Seller. SAW makes no warranties or representations whatsoever with regard to any goods or services provided by Sellers. You will not consider SAW nor will SAW be construed as a party to such transactions, whether or not SAW may have received some form of revenue or other remuneration in connection with the transaction or be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transaction.
SAW may include special routing icons which may be located within SAW, the activation of which will allow you to access and learn more about SAW and other services provided by SAW or its affiliates whereby the use of such icons is free of additional charge to you. WHEN YOU ACCESS ANY OF THESE SERVICES, YOUR RIGHTS AND OBLIGATIONS WILL BE GOVERNED BY THE AGREEMENTS AND POLICIES RELATING TO THE USE OF THESE SERVICES.
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8. Registration and Password
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You are responsible for maintaining the confidentiality of your Information and password. You shall be responsible for all uses of your registration, whether or not authorised by you. You agree to immediately notify SAW of any unauthorised use of your registration or password.
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9. Disclaimer of Warranties
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You expressly agree that use of SAW is at your sole risk. SAW is provided on an "as is" and "as available" basis. SAW expressly disclaims all warranties of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose or non-infringement.
SAW makes no warranty that SAW will meet your requirements, or that SAW will be uninterrupted, timely, secure, or error free; nor does SAW make any warranty as to the results that may be obtained from the use of SAW. SAW will not be liable for any direct, consequential or incidental damages, whether forseeable or not, which may result from the unavailability or malfunction of SAW.
You understand and agree that any material and/or data downloaded or otherwise obtained through the use of SAW is at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data.
You understand and agree that SAW does not guarantee the accuracy or completeness of any information in or provided in connection with SAW. SAW is not responsible for any errors or omissions or for the results obtained from the use of such information. The information is provided with the understanding that neither SAW nor its members, while such members are participating in SAW, are engaged in rendering legal, medical, counseling or other professional services or advice. SAW encourages you to seek appropriate professional advice or care for any situation or problem which you may have.
SAW shall not be responsible for any loss or damage caused, or alleged to have been caused, directly or indirectly, by the information or ideas contained, suggested or referenced in this service area. your participation in SAW is solely at the your own risk. No advice or information, whether oral or written, obtained by you from SAW or through SAW shall create any warranty not expressly made herein.
SAW makes no warranty regarding any goods or services purchased or obtained through SAW or any transactions entered into through SAW.
SAW is not responsible for the content on the internet or world wide web pages that is contained outside SAW's site. as a convenience to our members, we may provide links to resources which are beyond our control. We make no representations as to the quality, suitability, functionality or legality of any sites to which we may provide links, and you hereby waive any claim you might have against SAW with respect to such sites.
By permitting classified and personal advertising, SAW makes no warranties or representations of any kind as to the accuracy of the content or suitability of the subject matter of any such advertisement. SAW specifically disclaims liability for direct, consequential or incidental damages arising from such advertisements. By posting a personal or classified advertisement on SAW, you are promising that the content of your advertisement is true and that you will indemnify SAW against any claims which may arise from your advertisements. by responding to a classified or personal advertisement on SAW, you waive any claims against SAW for damages arising from such advertisement or your reliance upon statements in such advertisement.
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10. Limitation of Liability
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SAW shall not be liable for any direct, indirect, incidental, special or consequential damages, resulting from the use or the inability to use SAW or for the cost of procurement of substitute goods and services or resulting from any goods or services purchased or obtained or messages received or transactions entered into through SAW or resulting from unauthorized access to or alteration of your transmissions or data, including but not limited to, damages for loss of profits, use, data or other intangible, even if SAW has been advised of the possibility of such damages.
SAW and/or third parties may, from time to time, send e-mail messages to you containing advertisements, promotions, etc. SAW makes no representation or warranty with respect to the content of any such e-mail messages or any goods or services which may be obtained from such third parties, and you agree that neither SAW nor such third party shall have any liability with respect thereto.
You agree to indemnify and hold each of SAW, their parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of SAW, the violation of these Terms of Service by you, or the infringement by you, or any other subscriber of your account, of any intellectual property or other right of any person or entity.
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14. Applicable Law
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These Terms of Service shall be governed by and construed in accordance with the laws of the Province of Gauteng, South Africa, without giving effect to its conflict of laws provisions.
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15. Remedies for Breach of these Terms by You
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In the event that SAW determines, at its sole discretion, that you have breached any portion of these Terms of Service, or have otherwise demonstrated conduct inappropriate for the community of SAW, SAW reserves the right to (i) warn you via e-mail that you have violated these Terms of Service; (ii) delete any content provided by you or your agent(s) to SAW, (iii) delete all content provided by you to SAW, (iv) discontinue your registration with SAW and/or any other SAW community; (v) notify and/or send content to and/or fully co-operate with the proper law enforcement authorities for further action; and/or (vi) any other action which SAW deems to be appropriate.
In the event that any provision of the Terms of Service conflicts with the law under which the Terms of Service are to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to the Terms of Service, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of Service will remain in full force and effect.
The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Terms of Service or to exercise any right under the Terms of Service will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.
SAW may assign its rights and obligations under these Terms of Service and upon such assignment SAW may be relieved of any further obligation hereunder.
You represent to SAW that you have the authority to register with SAW according to these Terms of Service.
These Terms of Service and any Additional Terms (as such terms shall be identified when posted on SAW by THOS) constitute the entire understanding between the parties as to subject matter hereof, and supersede all prior agreements and understandings. Any legally unenforceable provision of these Terms of Service will, at the election of SAW, be deleted or modified to correct the defect and, regardless, the remainder of the terms of these Terms of Service will remain valid and enforceable.
SAW reserves the right to charge fees, surcharges and/or membership fees at any time upon thirty (30) days prior written notice to you.
