WEBSITE TERMS AND CONDITIONS
© 2008 The Code Company Trading (Pty) Ltd. hereinafter referred to as The Code Co. ALL RIGHTS RESERVED.
IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS YOU MUST IMMEDIATELY LEAVE OR EXIT THE VET DIRECTORY WEBSITE AFTER YOU HAVE READ THE CONDITIONS STIPULATED BY THE CODE CO., AS FURTHER USE OF THE VET DIRECTORY WEBSITE SHALL AUTOMATICALLY BIND THE USER TO THESE TERMS AND CONDITIONS.
Preface - Definition and Interpretation
Section 1 - General
Section 2 - Allowed Use and Licence
Section 3 - Intellectual Property Rights
Section 4 - Software and Equipment
Section 5 - Disclosures
Section 6 - Changes and Amendments
Section 7 - Privacy
Section 8 - Hyperlinks
Section 9 - Security
Section 10 - Disclaimer and Limitation of Liability
Section 11 - Removal and Correction of Content
Section 12 - Interception of Communication
Section 13 - Entire Agreement
Section 14 - Agreement Conditions
Section 15 - Applicable and Governing Law
Section 16 - Legal Costs
DEFINITIONS AND INTERPRETATION
a) "the Vet Directory website" means the Vet Directory website, owned and operated by The Code Company Trading (Pty) Ltd and located at http://www.vetdirectory.co.za, including any page, part or element thereof (This covers all websites owned and operated by The Code Co.);
b) " The Code Co. " means The Code Company Trading (Pty) Ltd, registration number 2007/022628/07, including its subsidiaries, owners, shareholders and business units;
c) "User" means any natural or legal person who enters or uses the Vet Directory website, notwithstanding the fact that such a person only visits the home page (Directory page) of the Vet Directory website;
d) References herein to the singular includes the plural and vice versa; and
e) The fact that some or all of the hyperlinks may, from time to time, be non-operational, shall not affect the validity and interpretation of these terms and conditions.
f) Certain pages, products or services are subject to their own set of terms and conditions and such terms and conditions available on the Vet Directory website are deemed to be included as part of these terms and conditions. Such page, product or service terms include, but are not necessarily limited to, the following: Standard terms and Conditions for the Use of The Code Co.'s Online Directory and Printed listings; and Terms applicable to all products sold and maintained by The Code Co..
The Code Co. is the market leading veterinary internet company in South Africa. The Code Co. has a well-developed professional infrastructure including experienced staff, proprietary tools and publishing software underpinned by sound financial controls and history that enables The Code Co. to ensure that all details are considered and services are provided on time and are of a high standard. Further information: http://www.codeco.co.za/ and http://www.vetwebsites.co.za/.
2. ALLOWED USE AND LICENSE
2.1 The Code Co. licenses the User to view and print the content of the Vet
Directory website, provided that such content is used for private, personal,
educational and/or non-commercial purposes only or to view and print this
agreement for legal and / or evidential purposes.
2.2 Content from the Vet Directory website shall not be used or exploited by Users for any commercial and non-private purposes without the prior written consent of The Code Co..
2.3 Users may only access, browse and use the Vet Directory website for legitimate personal or non-commercial purposes and may not use the Vet Directory website or any of The Code Co. services and/or products for:-
2.3.1 Harmful purposes;
2.3.2 Illegal purposes;
2.3.3 Disclosing, sharing or publishing material that may be offensive, defamatory, regulated, prohibited, infringing or damaging to any person; and/or
2.3.4 The creation, storage and sending of unsolicited commercial communications.
2.4 The caching of the Vet Directory website shall only be allowed if:-
2.4.1 The purpose of the caching is to make the onward transmission of the content from the Vet Directory website more efficient;
2.4.2 The cached content is not modified in any manner whatsoever.
2.5 If any User uses content from the Vet Directory website in breach of the provisions detailed herein:-
2.5.1 The Code Co. reserves the right to claim damages from the User;
2.5.2 The Code Co. reserves the right to institute criminal proceedings against the User; and
2.5.3 The Code Co. shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of such content by the User or any third party who obtained any content from the User.
2.6 Hyperlinks to the Vet Directory website from any other source shall be directed at the home page (Directory page) of the Vet Directory website. Links beyond the Vet Directory home page (Directory page) may be used but the user is still subjected to the terms and conditions.
2.7 The Code Co. shall not be liable, in any manner whatsoever, for any damage, loss or liability that results from the use of content, products or services available from the Vet Directory website, if such content, products or services was accessed through a hyperlink not directed at the home page (Directory page) of the Vet Directory website. Persons that wish to link to pages beyond the home page (Directory page) of the Vet Directory website without The Code Co.'s prior written consent shall do so at their own risk and indemnify The Code Co. against any loss, liability or damage that may result from the use of such hyperlinks. The Code Co.'s non-liability for deep linking is based on the fact that deep links bypass these terms and conditions.
2.8 Users may quote small and reasonable amounts of content available from the Vet Directory website and only if such a quote is placed in inverted commas and acknowledged.
2.9 No person may, without the prior written consent of The Code Co., frame the Vet Directory website in any manner whatsoever.
2.10 Apart from bona-fide search engine operators and use of the search facility provided on the Vet Directory website by Users, no person may use or attempt to use any extracting, tracking, monitoring or spyware technology or applications, without the prior written consent of The Code Co..
2.11 E-mail addresses, names, telephone numbers and fax numbers published on the Vet Directory website (Including graphical images) may not be incorporated into any database used for electronic marketing or similar purposes.
2.12 All licenses and/or permissions granted in terms of this clause 2 are provided on a non-exclusive and non-transferable basis and may be terminated or cancelled by The Code Co. at any time without prior notice or reasons.
2.13 Redistribution or reproduction of any content from the Vet Directory website, whether by e-mail; newsletter; capture into databases; intranets; extranets or Web sites; is permissible only with the written permission of The Code Co.
2.14 No data from the Vet Directory website may be sold or resold or otherwise be made available in any manner to any third party.
3. INTELLECTUAL PROPERTY RIGHTS
3.1 All intellectual property on the Vet Directory website, including but not limited to content, trademarks (or any confusingly similar trademarks), logos, pictures, video, downloads, domain names, patents, design elements, software, source code, meta tags, databases, text, graphics, icons and hyperlinks are the property of or licensed to The Code Co. and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights licensed to the User in clause 2, all other rights to intellectual property on the Vet Directory website are expressly reserved. 3.2 No person may use logos, icons or trade marks from the Vet Directory website as hyperlinks or other purposes without The Code Co.'s prior written consent.
4. SOFTWARE AND EQUIPMENT
It is the responsibility of the User to acquire and maintain, at his/her own expense, the necessary computer hardware, software, communication lines and Internet access accounts required to access the Internet and the Vet Directory website to perform searches for advertisers on the Vet Directory website.
These terms and conditions as well as product and / or service specific terms and conditions govern the services from or through the Vet Directory website. Access to the services, content and software available from the Vet Directory website may be classified as "electronic transactions" and The Code Co. has, amongst others, the duty to disclose the following information:
5.1 The full name and legal status of the website owner: The Code Company
Trading (Pty) Ltd, registration number 2007/022628/07.
5.2 Management Team: http://www.codeco.co.za/
5.3 Street address: Softstart Business and Technology Incubator, 220 2nd Street, Randjespark, Halfway House, Midrand, 1685, South Africa.
5.4 Postal address: 252 Barry Hertzog Avenue, Greenside, 2193, South Africa.
5.5 Physical address for receipt of legal service: 252 Barry Hertzog Avenue, Greenside, 2193, South Africa.
5.6 Main business: Business Enhancement and Sotftware Developement, see http://www.codeco.co.za/
5.7 The website addresses of the Vet Directory websites are: http://www.vetsuppliers.co.za and http://www.vetdirectory.co.za;
5.8 Codes of conduct to which The Code Co. subscribes: Code of Conduct, Code of IT Ethics and Business Code of Ethics.
5.9 Description of goods and / or services: http://www.vetdirectory.co.za, http://www.vetwebsites.co.za, and http://www.codeco.co.za
5.10 The costs associated with the access and use of content, products and services available on the Vet Directory website are as follows:-
5.10.1 General website content free;
5.10.2 Bulk supply needs to be motivated and requested in written form from The Code Co..
5.11 Access to, saving and printing of terms:
5.11.1 Terms specific to certain products and / or services may be printed and saved in the following manner:-
a. Printing: open the web page that details the terms and click on the print option available on the browser toolbar; and
b. Saving: open the web page that details the terms and click on the [File] option available on the browser toolbar, select [Save As] and save the page as a .htm or .html file. ALTERNATIVELY, copy and paste the terms to another format such as MS Word (.doc) and save accordingly.
5.12 The manner and period within which Users may access and maintain a full record of transactions: a full record of each transaction shall be disclosed to the User and Users are encouraged to print and / or save this information. Transaction records will also be disclosed to Users on request for a limited period from the date of the transaction.
5.13 Alternative dispute resolution: Subject to urgent and/or interim relief, all disputes regarding:-
5.13.1 access to the Vet Directory website;
5.13.2 the inability to access the Vet Directory website;
5.13.3 the services and content available from the Vet Directory website; or
5.13.4 these terms and conditions, shall be referred to arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa and such arbitration proceedings shall be conducted in Johannesburg in English. The arbitration ruling shall be final and the unsuccessful party shall pay the costs of the successful party on a scale as between attorney and own client. The expedited rules of the Arbitration Foundation of South Africa may be downloaded from the following website: http://www.arbitration.co.za;
5.14 Users may lodge complaints concerning the Vet Directory website with The Code Co. at email@example.com. Users hereby assign the copyright in such complaints to The Code Co. and understand that The Code Co. may use, disclose and publish such complaints and is furthermore under no legal duty to answer, resolve or address such complaints.
6. CHANGES AND AMENDMENTS
The Code Co. reserves the right, in its sole and absolute discretion, to do any of the following, at any time without prior notice or justification:
6.1 change these terms and conditions;
6.2 change the content and/or services available from the Vet Directory website;
6.3 discontinue any aspect of the Vet Directory website or service(s) available from the Vet Directory website; and/or
6.4 change the software and hardware required to access and use the Vet Directory website.
7.1 The Code Co. shall take all reasonable steps to protect the personal
information of Users and for the purpose of this clause, personal information
shall be defined as detailed in the Promotion of Access to Information Act 2 of
2000 (PAIA). The PAIA may be downloaded from:
7.2 The Code Co. may electronically collect, store and use the following personal information of Users:-
7.2.1 name and surname;
7.2.2 street address;
7.2.3 postal address;
7.2.5 contact numbers;
7.2.6 non-personal browsing habits and click patterns;
7.2.7 e-mail address;
7.2.8 IP address.
7.3 The Code Co. collects, stores and uses the abovementioned information for the following purposes:-
7.3.1 Communicate requested information to the User;
7.3.2 Provide services to the User as requested by the User;
7.3.3 Provide services to the User as determined by The Code Co.;
7.4 Information detailed above is collected either electronically by using cookies or is provided voluntarily by the User. Users may determine cookie use independently through their browser settings. For purposes of this clause, a cookie means a small computer file created by a web browser to save user information for a web site.
7.5 The Code Co. may collect, maintain, save, compile, share, disclose and sell any information collected from users.
7.6 The Code Co. owns and retains all rights to statistical information collected from the Vet Directory website and/or as compiled by The Code Co.
8. HYPERLINKS TO THIRD PARTY SITES
8.1 The Code Co. may provide hyperlinks to websites not controlled by The Code
Co. ("target sites") and such hyperlinks do not imply any endorsement, agreement
on or support of the content, products and/or services of such target sites.
8.2 The Code Co. does not editorially control the content, products and/or services on target sites and shall not be liable, in any manner whatsoever, for the access to, inability to access, use, inability to use or content available on or through target sites.
9.1 The Code Co. shall take all reasonable steps to secure the content of the
Vet Directory website and the information provided by and collected from Users
from unauthorized access and/or disclosure. However, The Code Co. does not make
any warranties or representations that content shall be 100% safe or secure.
9.2 Users may not deliver or attempt to deliver, whether on purpose or negligently, any damaging code, such as computer viruses, robots or spy ware, to the Vet Directory website or the server and computer network that support the Vet Directory website.
9.3 Notwithstanding criminal prosecution, any person who delivers or attempts to deliver any damaging code to the Vet Directory website, whether on purpose or negligently, shall, without any limitation, indemnify and hold The Code Co. harmless against any and all liabilities, damages, risks and losses that The Code Co. and its partners / affiliates may suffer as a result of such delivery, attempt or damaging code.
9.4 Users may not develop, distribute or use any device or program designed to breach or overcome the security measures of the restricted pages, products and services on the Vet Directory website and The Code Co. reserves the right to claim damages from any and all persons involved, directly and indirectly, in the development, use and distribution of such devices or programs.
10. DISCLAIMER AND LIMITATION OF LIABILITY /b>
10.1 The Code Co. (including its owners, employees, suppliers, Internet service
providers, partners, affiliates and agents) shall not be liable for any damage,
loss or liability of any nature incurred by whomever and resulting from:-
10.1.1 access to the Vet Directory website;
10.1.2 access to websites linked to the Vet Directory website;
10.1.3 inability to access the Vet Directory website;
10.1.4 inability to access websites related to the Vet Directory website;
10.1.5 content available on the Vet Directory website;
10.1.6 services available from the Vet Directory website;
10.1.7 products available from the Vet Directory website;
10.1.8 use of content from the Vet Directory website; and/or
10.1.9 any other reason not directly related to The Code Co.'s gross negligence.
10.2 Vet Directory website is supplied on an "as is" basis and has not been compiled to meet the User's individual requirements. It is the responsibility of the User to satisfy himself or herself, prior to entering into this agreement with The Code Co., that the content available from and through the Vet Directory website meet the User's individual requirements and is compatible with the User's computer hardware and/or software.
10.3 Information, ideas and opinions expressed on the Vet Directory website should not be regarded as professional advice or the official opinion of The Code Co. and Users are encouraged to consult professional advice before taking any course of action related to the information, ideas or opinions expressed on the Vet Directory website.
10.4 The Code Co. does not make any warranties or representation that content and services available from the Vet Directory website shall in all cases be true, correct or free from any errors. The Code Co. shall take all reasonable steps to ensure the quality and accuracy of content available from the Vet Directory website.
10.5 The Code Co. does not make any warranties or representations that the Vet Directory website shall be available at all times. Users acknowledge that the Vet Directory website may be unavailable due to updates or other causes beyond the reasonable control of The Code Co., including, but not limited to virus infection, unauthorized access (hacking), power failure or other acts of God.
10.6 The Code Co. does not make any warranties or representations express or implied, including without limitation with respect to advertising, links, search, referrals, and other services, and expressly disclaims the warranties or conditions of non-infringement, merchantability, and fitness for any particular purpose. The Code Co. shall not have any liability in connection with the display of such ads, links, and search results.
11. REMOVAL AND CORRECTION OF CONTENT
11.1 Users are encouraged to report untrue, inaccurate, defamatory, illegal,
infringing and/or harmful content available from the Vet Directory website to
The Code Co. and The Code Co. undertakes to correct and/or remove such content
or any part thereof if the person reporting such content provided reasonable
grounds to prove the alleged nature of the content.
11.2 The Code Co's policy is to only accept advertising that does not include:
11.2.1 Violent content, racial intolerance, or advocacy against any individual, group, or organization
11.2.2 Pornography, adult, or mature content
11.2.3 Hacking/cracking content
11.2.4 Illicit drugs and drug paraphernalia
11.2.6 Gambling or casino-related content
11.2.7 Sales or promotion of weapons or ammunition (e.g., firearms, fighting knives, stun guns)
11.2.8 Any other content that is illegal, promotes illegal activity, or infringes on the legal rights of others
11.3 Google ads have become a popular form of advertising. They are "intelligent" adverts that are relevant to the site they appear on. For example, a visitor to a motoring news website would see adverts for cars. However, the downside of Google ads is that they are difficult for the host website to screen. When we notice an ad that appears unsavory, our policy is to block the advertiser. We appreciate our community's assistance in this regard. These ads are selected by Google and are not endorsed by The Code Co. 11.4 The Code Co. retains to right to terminate any listing or any advertising at any time without providing any reason for such action.
12. INTERCEPTION OF COMMUNICATIONS
Subject to the provisions of the Regulation of Interception of Communications (RIC) Act 70 of 2002, the User agrees to The Code Co.'s right to intercept, block, filter, read, delete, disclose and use all communications (including all "data messages" send or posted by the User to the Vet Directory website, its staff and employees. The RIC Act may be downloaded from: http://www.info.gov.za/acts/2002/a70-02/.
13. ENTIRE AGREEMENT AND SEVERABILITY
13.1 These terms and conditions constitute the entire agreement between The Code
Co. and the User and shall take precedent over any disclaimers and/or legal
notices attached to any communications and/or postings received by The Code Co.
from the User.
13.2 Any failure by The Code Co. to exercise or enforce any right or provision shall in no way constitute a waiver of such right or provision.
13.3 In the event that any term or condition detailed herein is found unenforceable or invalid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall remain enforceable and applicable.
14. AGREEMENT CONDITIONS
The User and The Code Co. agree that:-
14.1 the User shall be bound to these term and conditions and such agreement is
concluded in Johannesburg (South Africa) at the time the User enters the Vet
Directory website for the first time;
14.2 electronic signatures, encryption and/or authentication are not required for valid electronic communications between the User and The Code Co..
15. APPLICABLE AND GOVERNING LAW
The Vet Directory website is hosted, controlled and operated from the Republic of South Africa and therefore, subject to clause 5.14, the South African law enforced by the South African courts governs the use or inability to use the Vet Directory website, its content, services, products and these terms and conditions.
16. LEGAL COSTS
The Code Co. shall not be liable for costs incurred by Users to obtain professional advice relating to these terms and conditions. © 2008 The Code Company Trading (Pty.) Ltd. ALL RIGHTS RESERVED. UNAUTHORISED CHANGES NOT ALLOWED.