Terms and Conditions
1. USER ACCESS
1.3 By accessing this website or using any function or service of this website, the user enters an agreement with Lotus Management Group on the terms and conditions set out herein.
· the user represents himself/herself and no other person, or if the user represents a legal entity, the user is legally able to bind such an entity;
· the user is 18 years or over;
· the user will provide accurate information to Lotus Management Group;
· the user will not use the website to reproduce, copy, sell, resell, distribute, publish or exploit for commercial purposes any of the software, information or services provided by Lotus Management Group on this website without obtaining the express, prior written consent of Lotus Management Group;
· the user will not use the website in any manner that adversely affects the availability of its resources to or the enjoyment by other users or in any manner that could damage, disable, overburden or impair Lotus Management Group’s services, servers or networks; and
2. LIABILITY AND DISCLAIMERS
2.1 Notwithstanding anything to the contrary contained in these terms, Lotus Management Group shall not be liable to you or to any other person in respect of any loss or damage of whatsoever nature directly or indirectly caused by or arising from any of the following circumstances, and you hereby indemnify Lotus Management Group against any claims in respect of such loss or damage:
· any fact or circumstance beyond the reasonable control of Lotus Management Group;
· any breakdown in any of the services provided by our ISP (including, but not limited to a line failure);
· the performance or unavailability of the Lotus Management Group website, or any other website to which it is connected;
· any suspension or interruption in the provision of access by Lotus Management Group;
· any breach of privacy or security by any person or entity;
· the loss, damage, destruction, theft, contamination or corruption of any data or content;
· the preservation and integrity of any text or any other data or content;
any publication or use of any information, content, advice, products or services which may be promoted, displayed on or associated with the Lotus Management Group website or any other website which can be accessed from the Lotus Management Group website, however such loss or liability may occur, and whether such loss or liability is financial, personal, consequential, incidental or otherwise;
· your failure to perform any of your obligations in terms of this agreement, including but not limited to a failure to comply with any guideline set out in clause 3.1.
2.2 Without limiting the generality of the a foregoing, Lotus Management Group shall not be liable for any damages, claim or liability including without limitation indirect, consequential or incidental loss suffered by you or any other person, whether arising from contract or delict or any other action, act or omission, and you hereby indemnify and hold Lotus Management Group harmless against any such damages, claim or liability, including but not limited to loss of profits, loss of anticipated business and/or loss of goodwill.
2.3 Lotus Management Group advises that the content is obtained from various sources which Lotus Management Group reasonably believes to be reliable.
However, Lotus Management Group does not, save where it is expressly stated on the Lotus Management Group website, operate, control or endorse any content, products or service offered or accessible by means of the Lotus Management Group website, and any entity that does offer or provide such content, products or services, is not in any way affiliated with Lotus Management Group, save as may be specified on the
Lotus Management Group website. Lotus Management Group further does not act as an agent of such entity, nor does Lotus Management Group provide any express or implied warranties or endorsements to you or any other person whatsoever in respect of such content, products or services.
2.4 Lotus Management Group gives no warranties and no warranties are implied regarding the content or any other information contained on any website which can be accessed through or by means of the Lotus Management Group website. The content is intended and produced for general informational purposes only and should not be relied upon as specific advice of any kind, whether professional, financial, technical or other. Furthermore, the content may contain errors or inaccuracy, may be incomplete and/or out of date. You are therefore advised to consult an appropriate professional and to make your own independent investigations regarding such content.
2.5 Lotus Management Group further does not warrant that the functions and/or context contained in or on the Lotus Management Group website, or your access to the Lotus Management Group website or any part thereof, will be uninterrupted, immediate or error free, that defects will be corrected, or that the site and/or server that makes it available to you, is free of viruses, infections, bugs or the like, or represents the full functionality, accuracy or reliability of the content.
3 USER ETIQUETTE
3.1 You undertake to conform to generally acceptable Internet etiquette and to abide Lotus Management Group’s user policies, which may be amended from time to time at Lotus Management Group's sole discretion, (and you hereby indemnify Lotus Management Group, and hold Lotus Management Group free from liability, in respect of any loss or damage of whatever nature caused as a result of any breach of such undertaking) which policies include but are not limited to the guidelines set out below:
· not to engage in any abuse of e-mail or spamming, including but not limited to, the posting or cross-posting of unsolicited articles with the same message (or substantially the same message) to more than 5 (five) or newsgroup recipients that did not request to receive such messages;
· not to post or transmit any message, data, image or programme which is defamatory, or violates any other personality rights;
· not to post or transmit any message, data, image or programme which is offensive, threatening, abusive, harassing, harmful or hateful;
· not to transmit, distribute or store any material in violation of any applicable law or regulation, including without limitation material protected by copyright, trade mark, trade secret or any other intellectual property rights;
· not to post or transmit any message, data, image or programme which violates the intellectual property rights of others;
· not to interfere with use of the Internet by any other user of the Internet;
· not to post or transmit any file which contains viruses or any other destructive features, regardless of whether or not damage is intended by you;
· not to cancel any mail or post other than your own;
· not to send unsolicited mail messages, including, without limitation, chain letters, commercial advertising and informational announcements, nor to repeatedly post gratuitous off the topic postings;
· not to harvest or collect information about any other persons, including without limitation e-mail addresses and/or names for any purpose whatsoever;
· not to violate the privacy of any person or to violate the security of any system or network, which shall include but shall not be limited to:
o unauthorised access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of any system or network, or to breach security or authentication measures without express authorisation of the owner of such system or network;
o unauthorised monitoring of data or traffic on any network or system without express authorisation of the owner of such system or network;
· not to violate any law, regulation or tariff that may be in force in South Africa or elsewhere. In this regard, you undertake to familiarise yourself with, and ensure that you are kept continuously aware of, any amendments to such laws, regulations or tariffs which may be in force from time to time and which may have any bearing on your access to, or use of, the Internet;
· not to perform any act or omission which is generally unacceptable or offensive to Internet users in general, to the public at large or as may be determined by Lotus Management Group from time to time in its sole and absolute discretion, including but not limited to the hosting or transmitting of pornographic material;
· not to contravene any Lotus Management Group policy as may be updated and amended by Lotus Management Group and published or accessible from the Lotus Management Group website from time to time;
· not to do anything which tends, has the effect of, or is likely to have the effect of, damaging the name or reputation of Lotus Management Group, its holding company, subsidiaries or any affiliates;
· not to commit any act or omission which may have an adverse technical effect on the integrity or functionality of the Lotus Management Group network;
· not to resell or make available to third parties, in any manner whatsoever and whether directly or indirectly, all or any part of the services provided to you by Lotus Management Group, without Lotus Management Group's prior written consent;
· not to give or make available to any person in any way any log-in ID or password utilised in connection with your use of the Lotus Management Group website ("password"), nor to give or make available in any way your password to any other person for such person's use, and you undertake to take whatever steps may be necessary to ensure the safe-keeping and confidentiality of such password;
· not to use your password for any simultaneous log-in, nor to permit any other person access to, or use of, such password;
· not to contravene or violate in any way the policy rules and guidelines posted from time to time to the Lotus Management Group website;
· not to obtain or attempt to obtain any materials or information which is not intentionally made available by Lotus Management Group by means of the Lotus Management Group website;
· not to copy, reproduce, republish, download, post, broadcast or transmit in any way, except for your own personal non-commercial home use, any material accessed by means of this site, without Lotus Management Group's prior written permission;
· not to adapt, alter or create any work derived from any of the material accessible on the Lotus Management Group website;
· not to use the Lotus Management Group website for any unlawful purposes, or in any manner which infringes the rights of, or restricts or inhibits the use and enjoyment of the Lotus Management Group website by any third party, including without limiting, conduct which is unlawful, which may harass or cause distress or inconvenience to any person, and the transmission of obscene or offensive content, or the disruption of any normal flow of dialogue on the Lotus Management Group website.
· to terminate, without notice, your access to the Lotus Management Group website;
· to bill you for any costs incurred by Lotus Management Group, including, but not limited to, bandwidth, administration costs, downtime, usage of Lotus Management Group's name or registered domain names, and CPU cycles; and in the event that any such practice has an adverse technical effect on the Lotus Management Group network, to require you to take such steps as may be necessary to rectify the situation at your own cost and expense; and/or
· to terminate this agreement in accordance with clause 7.1.
4.1 You acknowledge that it is impossible to maintain complete security in respect of information provided, or transactions concluded, on the Internet.
4.2 To ensure the security and reliable operation of the Lotus Management Group network to all subscribers, Lotus Management Group hereby reserves the right to take whatever action Lotus Management Group may deem appropriate in order to preserve the security and reliability of the Lotus Management Group network.
4.3 You hereby acknowledge and warrant that you shall not utilise Lotus Management Group's services to compromise the security of or to tamper with the Lotus Management Group network, or any information or content contained on the Lotus Management Group network or any computer utilised by Lotus Management Group, or any other person.
Should you be in default of any payment due in terms of this agreement or fail to observe and perform any of the other terms, conditions or obligations of this agreement, then Lotus Management Group shall be entitled, but not obliged, in its sole discretion and without prejudice to any of its rights that it may have in law, including the right to claim damages, without notice, to do the following:
· immediately suspend your access to the Lotus Management Group website; and/or
· recover from you all bank charges and legal costs including all costs on the attorney and own client scale arising from any breach of these terms; and/or
· immediately terminate this agreement in accordance with clause
6. CESSION AND DELEGATION
6.1 You shall not be entitled to cede any of your rights nor delegate any of your obligations hereunder.
6.2 Lotus Management Group shall be entitled to cede and transfer or delegate to any third party at its absolute discretion all or any of its rights or obligations under this agreement.
This agreement may be terminated:
7.1 forthwith by Lotus Management Group in terms of clauses 3 or 5;
7.2 by either party on the giving of 1 (one) calendar month's written notice.
8. INTELLECTUAL PROPERTY
8.1 Your right to access the Lotus Management Group website and the content, does not in any way convey or transfer any rights in or to the intellectual property rights of Lotus Management Group, any content or in the compilation of the Lotus Management Group website (including but not limited to the collection, arrangement and assembly of the content of the Lotus Management Group website) or in any of the trade marks, copyright, registered designs, patents, domain names and rights, know-how and confidential information, trade secrets or any other intellectual property right which may vest in Lotus Management Group or in the author, compiler, creator or licensor of such information.
8.2 All Lotus Management Group trademarks, logos, brands, domain names and other marks and intellectual property relating to the Lotus Management Group website, all content (including but not limited to all text, graphics, logos, button icons, images, audio clips and software) shall remain the sole property of Lotus Management Group and the relevant licensors, and you warrant that you will not use them in any way without Lotus Management Group's prior written approval.
8.3 You are only permitted to use the Lotus Management Group website for your personal fair use and warrant that you will not modify, copy, distribute, transmit, display, reproduce, publish, license, create derivative works from, transfer or sell any content or software, including any source code, of or relating to the Lotus Management Group website, nor will you reproduce the whole or any part of any content, nor will you use such software, information and/or content in any work or publication, whether in print, electronic medium or otherwise, for any commercial purpose (whether for gain or not), without the prior written approval of Lotus Management Group.
9. THIRD PARTY LINKS
9.1 The Lotus Management Group website may contain links to other websites which are not owned, operated or controlled by Lotus Management Group ("linked sites"). Lotus Management Group is in no way responsible for any content on such linked sites, including without limitation any links to or from such linked sites, or any changes to any content on such linked sites. Lotus Management Group provides you with links to linked sites for your convenience. A link to a linked site does not mean or imply that Lotus Management Group endorses the linked site, the contents of the linked site or any product or service offered by means of the linked site, nor that Lotus Management Group endorses or is in any way associated with the owners or operators of such linked site.
10 INFORMATION RECEIVED BY LOTUS MANAGEMENT GROUP POSTED TO THE LOTUS MANAGEMENT GROUP WEBSITE
10.1 Lotus Management Group does not claim ownership of any information which you provide to Lotus Management Group or which you post, upload, input, or submit to the Lotus Management Group website ("your information"), however, by so providing, posting, uploading, inputting or submitting such information, you hereby grant Lotus Management Group, its affiliates and any sub-licensees a perpetual licence to use, distribute, transmit, publicly display, publicly perform, reproduce, archive, edit, translate and/or reformat your information, and to publish your name and details in regard thereto, without any compensation, in such manner as it in its sole discretion deems appropriate.
10.2 You hereby warrant that you own all rights in and to your information.
10.3 Subject to 10.1 above, Lotus Management Group reserves the right to disclose any of your information or any personal information pertaining to you and/or your use of the Lotus Management Group website, without your consent, if Lotus Management Group reasonably believes that such action is necessary:
· to conform with the requirements of any law or regulation or to comply with any legal process;10.3.2 to protect and/or defend the rights and/or property of Lotus Management Group and/or any of its affiliates;
· to act to protect to the rights of Lotus Management Group or any person whatsoever.
11 ALTERATION TO THESE TERMS
Lotus Management Group website and your continued use of the Lotus Management Group website after changes have been posted online, constitutes your acceptance of this agreement as modified by the posted changes.
12 PRIVACY PLEDGE
For details on what information we require from you, and what we do with such information, together with details of how to alter any information with which you provide us, please see our Privacy Pledge.
14.1 You acknowledge and agree that this agreement sets out the whole of the agreement between you and Lotus Management Group regarding the subject matter thereof and that there are no other agreements, guarantees or representations, either
verbal or in writing, in regard thereto upon which you are relying in concluding this agreement and Lotus Management Group shall not be bound by any express or implied term, representation, warranty, promise or the like not recorded herein.
14.2 No extension of time or indulgence which Lotus Management Group may grant to you shall constitute a waiver of any of Lotus Management Group's rights, who shall not thereby by precluded from exercising any rights against you which may have arisen in the past or which might arise in the future.
14.3 This agreement shall be deemed to have been concluded in the Republic of South African and shall be governed by and interpreted according to the laws of the Republic of South Africa. To the extent necessary you hereby submit to the jurisdiction of the South African courts for all purposes arising from these terms.