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UJ FaceBook Page Disclaimer, Privacy and Terms of Use
University of Johannesburg Library's Facebook Page adheres to the University of Johannesburg (UJ) Facebook Page Disclaimer, Privacy and Terms of Use.
By using this page, you agree to these terms. If you would like to familiarise yourself with the terms under which you may use the page, please click on the tabs for 'Disclaimer', 'Privacy', and 'Terms of Use'.
UJ FaceBook Page Disclaimer
No warranties
This website page is provided without any representations or warranties, express or implied. The University of
Johannesburg(UJ) makes no representations or warranties in relation to this website or the information and materials
provided on this website. Without prejudice to the generality of the foregoing paragraph, UJ does not warrant that:
This website will be constantly available, or available at all; or
The information on this website is complete, true, accurate or non‐misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind. [If you require advice in relation to any
legal,financial or medical matter you should consult an appropriate professional.
Limitations of liability
UJ will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents
of, or use of, or otherwise in connection with, this website:
[to the extent that the website is provided free‐of‐charge, for any direct loss;
or any indirect, special or consequential loss; or
for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business
relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if UJ has been expressly advised of the potential loss.
Exceptions
Nothing in this website page disclaimer will exclude or limit any warranty implied by law that it would be unlawful to
exclude or limit;
and nothing in this website page disclaimer will exclude or limit UJ liability in respect of any:
death or personal injury caused by UJ negligence;
fraud or fraudulent misrepresentation on the part of UJ; or
matter which it would be illegal or unlawful for UJ to exclude or limit, or to attempt or purport to exclude or
limit, its liability.
Reasonableness
By using this website page, you agree that the exclusions and limitations of liability set out in this website page disclaimer
are reasonable. If you do not think they are reasonable, you must not use this website.
Other parties
You accept that, as a limited liability entity, UJ has an interest in limiting the personal liability of its officers and
employees. You agree that you will not bring any claim personally against UJ officers or employees in respect of any
losses you suffer in connection with this website page.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this
website disclaimer will protect UJ officers, employees, agents, subsidiaries, successors, assigns and sub‐contractors as well as
UJ.
Unenforceable provisions
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the
enforceability of the other provisions of this website disclaimer.
Privacy
The University of Johannesburg (UJ) FaceBook Group follows two core principles:
1. You should have control over your personal information. The UJ FaceBook Group helps you share information with
your friends and people around you. You choose what information you put on the group page, including contact and
personal information, pictures and email addresses.
2. You should have access to the information others want to share. There is an increasing amount of information available
out there, and you may want to know what relates to you, your studies, your friends, and people around you. We want to
help you easily get that information. Sharing information should be easy. And we want to provide you with the privacy
tools necessary to control how and with whom you share that information.
Safe Use of The UJ FaceBook Group
Children under 13 years old are not permitted access to The UJ FaceBook Group. In addition, parents of children 13
years and older should consider whether their child should be supervised during the child's use of the The UJ
FaceBook Group site.
Despite The UJ FaceBook Group&rsquos safety and privacy controls, The UJ FaceBook Group cannot guarantee that its site is
entirely free of illegal, offensive, pornographic or otherwise inappropriate material, or that its members will not
encounter inappropriate or illegal conduct from other members. Consequently, you may encounter such content and
conduct.
You can help The UJ FaceBook Group by notifying us of any nudity or pornography, or harassment or unwelcome
contact by contacting one of the administrators directly.
Where confidential complaints are made through this site reporting tool, The UJ FaceBook Group will use best efforts
to remove the offending content or conduct and to warn or, as appropriate, to bar from the site those transmitting
such content or engaging in such conduct within 24 hours of receiving your complaint.
The UJ FaceBook Group&lsquos Privacy Policy is designed to help you understand how we collect and use the personal
information you decide to share, and help you make informed decisions when using The UJ FaceBook Group.
By using or accessing The UJ FaceBook Group, you are accepting the practices described in this Privacy Policy.
The Information We Collect
When you visit The UJ FaceBook Group you provide us with some personal information which you knowingly choose to
disclose as part of your Facebook profile. That information may be collected by us as well as information collected may be
collected by us as you interact with our Web Site. For example we may see that there is confusion around registration or
subjects and we may collect that information in order to action a change within UJ and streamline our processes in order to
make your experience at UJ better.
When you use The UJ FaceBook Group, you may set up your personal profile, send messages, perform searches and
queries, form topics in the forum, and transmit information through various channels. We collect this information so that
we can provide you the service and offer personalized features. In most cases, we retain it so that, for instance, you can
return to view prior messages you have sent or easily see your friend list.
You post User Content (as defined in the The UJ FaceBook Group Terms of Use) on the Site at your own risk. We cannot
control the actions of other Users. Therefore, we cannot and do not guarantee that User Content you post on the Site will
not be viewed by unauthorized persons. We are not responsible for circumvention of any privacy settings or security
measures contained on the Site. You understand and acknowledge that, even after removal, copies of User Content may
remain viewable in cached and archived pages or if other Users have copied or stored your User Content.
Any improper collection or misuse of information provided on The UJ FaceBook Group is a violation of the The UJ FaceBook
Group Terms of Service and should be reported to us through the Contact Us page.
Children Under Age 13
The UJ FaceBook Group does not knowingly collect or solicit personal information from anyone under the age of 13 or
knowingly allow such persons to join the group. If you are under 13, please do not attempt to register for The UJ FaceBook
Group or send any information about yourself to us, including your name, address, telephone number, or email address.
No one under age 13 may provide any personal information to or on The UJ FaceBook Group. In the event that we learn
that we have collected personal information from a child under age 13 without verification of parental consent, we will
delete that information as quickly as possible. If you believe that we might have any information from or about a child
under 13, please contact one of the UJ group administrators.
Use of Information Obtained by The UJ FaceBook Group
When you join The UJ FaceBook Group, you will have already created your own profile and privacy settings on your
Facebook profile. Your profile information, as well as your name, email and photo, are displayed to people in the group
specified in your privacy settings to enable you to connect with people on The UJ FaceBook Group. We may occasionally
use your name and email address to send you notifications regarding new services offered by The UJ FaceBook Group that
we think you may find valuable.
Profile information is used by The UJ FaceBook Group primarily to be presented back to and edited by you when you access
the service and to be presented to others permitted to view that information.
Your name, and profile picture thumbnail will be available in search results across the The UJ FaceBook Group network and
those limited pieces of information may be made available to third party search engines. This is primarily so your friends
can find. The UJ FaceBook Group may send you service‐related announcements from time to time through the general
operation of the service.
The UJ FaceBook Group may use information in your profile without identifying you as an individual to third parties. We do
this for purposes such as aggregating how many people in a network like a band or movie and personalizing
advertisements and promotions so that we can provide you The UJ FaceBook Group. We believe this benefits you. You can
know more about the world around you and, where there are advertisements, they're more likely to be interesting to you.
For example, if you post information about your favourite movie, we might serve you an advertisement highlighting a
screening of a similar one in your town. But we don't tell the movie company who you are.
Sharing Your Information with Third Parties
The UJ FaceBook Group does not provide contact information to third party marketers without your permission. We share
your information with third parties only in limited circumstances where we believe such sharing is 1) reasonably necessary
to offer the service, 2) legally required or, 3) permitted by you. For example:
We may provide information to service providers to help us bring you the services we offer. Specifically, we may
use third parties to facilitate our business, such as to host the service at a co‐location facility for servers, to send
out email updates about The UJ FaceBook Group, to remove repetitive information from our user lists,
In connection with these offerings and business operations, our service providers may have access to your personal
information for use for a limited time in connection with these business activities. Where we utilize third parties for the
processing of any personal information, we implement reasonable contractual and technical protections limiting the use of
that information to the The UJ FaceBook Group‐specified purposes.
We may be required to disclose user information pursuant to lawful requests, such as subpoenas or court orders,
or in compliance with applicable laws. We do not reveal information until we have a good faith belief that an
information request by law enforcement or private litigants meets applicable legal standards. Additionally, we
may share account or other information when we believe it is necessary to comply with law, to protect our
interests or property, to prevent fraud or other illegal activity perpetrated through the The UJ FaceBook Group
service or using the The UJ FaceBook Group name, or to prevent imminent bodily harm. This may include sharing
information with other companies, lawyers, agents or government agencies.
If the ownership of all or substantially all of the The UJ FaceBook Group business, or individual business units
owned by The UJ FaceBook Group, Inc., were to change, your user information may be transferred to the new
owner so the service can continue operations. In any such transfer of information, your user information would
remain subject to the promises made in any pre‐existing Privacy Policy.
When you use The UJ FaceBook Group, certain information you post or share with third parties (e.g., profile information),
such as personal information, comments, messages, photos, or other information, may be shared with other users. All such
sharing of information is done at your own risk. Please keep in mind that if you disclose personal information in your
profile or when posting comments, messages, photos, or other items, this information may become publicly available.
Links
The UJ FaceBook Group may contain links to other websites. We are of course not responsible for the privacy practices of
other web sites. We encourage our users to be aware when they leave our site to read the privacy statements of each and
every web site that collects personally identifiable information. This Privacy Policy applies solely to information collected
by The UJ FaceBook Group.
Changing or Removing Information
Access and control over most personal information on The UJ FaceBook Group is readily available through your own the
profile editing tools. The UJ FaceBook Group users may modify or delete any of their profile information at any time by
logging into their account. Information will be updated immediately. Removed information may persist in backup copies
for a reasonable period of time but will not be generally available to members of The UJ FaceBook Group. Contact the
administrator to be deregistered from the database.
Where you make use of the communication features of the service to share information with other individuals on The UJ
FaceBook Group, however, (e.g., sending a personal message to another UJ FaceBook Group user) you generally cannot
remove such communications.
Terms of Use, Notices and Revisions
Your use of The UJ FaceBook Group, and any disputes arising from it, is subject to this Privacy Policy as well as our Terms of
Use and all of its dispute resolution provisions including arbitration, limitation on damages and choice of law. We reserve
the right to change our Privacy Policy and our Terms of Use at any time. Non‐material changes and clarifications will take
effect immediately, and material changes will take effect within 30 days of their posting on this site. If we make changes,
we will post them and will indicate at the top of this page the policy's new effective date. If we make material changes to
this policy, we will notify you here, by email, or through notice on our home page. We encourage you to refer to this policy
on an ongoing basis so that you understand our current privacy policy. Unless stated otherwise, our current privacy policy
applies to all information that we have about you and your account.
Contacting the UJ Group administration
If you have any questions about this privacy policy, please contact one of the Group administrators.
Terms of Use
Date of Last Revision: March 16, 2009
Welcome to University of Johannesburg (UJ) FaceBook Group, a social group that connects you with the people affiliated to
the University. By joining the UJ Facebook Group or by posting messages or images on the group page, you (the "User")
signify that you have read, understand and agree to be bound by these Terms of Use ("Terms of Use" or "Agreement"),
whether or not you are an actual member of the UJ Group. We reserve the right, at our sole discretion, to change, modify,
add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to
these Terms of Use on the group page and will indicate at the top of this page the date these terms were last revised. Your
continued use of the group after any such changes constitutes your acceptance of the new Terms of Use. If you do not
agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the group. It is your
responsibility to regularly check the group to determine if there have been changes to these Terms of Use and to review
such changes.
PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL
RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE
RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
Eligibility
Membership in the Service is void where prohibited. This Site is intended solely for users who are of high school or college
going age as well as students currently studying through UJ and past UJ, RAU, Vista or Wits Tech students. Any use of or
access to the group by anyone under 13 is unauthorized, unlicensed and in violation of these Terms of Use. By using the
group, you represent and warrant that you are 13 or older and that you agree to and to abide by all of the terms and
conditions of this Agreement.
Registration Data; Account Security
In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as
may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password
and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to
Company, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any
actions that take place using your account.
Proprietary Rights in Site Content; Limited License
All content on the Site and available through the Service, including designs, text, graphics, pictures, video, information,
applications, software, music, sound and other files, and their selection and arrangement (the "Site Content"), are the
proprietary property of the Company, its users or its licensors with all rights reserved. No Site Content may be modified,
copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any
form or by any means, in whole or in part, without the Company's prior written permission, except that the foregoing does
not apply to your own User Content (as defined below) that you legally post on the Site. Provided that you are eligible for
use of the Site, you are granted a limited license to access and use the Site and the Site Content and to download or print a
copy of any portion of the Site Content to which you have properly gained access solely for your personal, non‐commercial
use, provided that you keep all copyright or other proprietary notices intact. Except for your own User Content, you may
not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other
database or compilation, and any other use of the Site Content is strictly prohibited. Such license is subject to these Terms
of Use and does not permit use of any data mining, robots, scraping or similar data gathering or extraction methods. Any
use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of
Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate
applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless
explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property
rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or
without cause.
Trademarks
Company graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks,
trademarks or trade dress of Company in RSA. and/or other countries. Company's trademarks and trade dress may not be
used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any
manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior
written permission of the Company.
User Conduct
You understand that you represent, warrant and agree that no materials of any kind submitted through your account or
otherwise posted, transmitted, or shared by you on or through the Service will violate or infringe upon the rights of any
third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous,
defamatory or otherwise unlawful material. In addition, you agree not to use the Service or the Site to:
harvest or collect email addresses or other contact information of other users from the Service or the Site by electronic
or other means for the purposes of sending unsolicited emails or other unsolicited communications;
use the Service or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or
impair the Site;
use automated scripts to collect information from or otherwise interact with the Service or the Site;
upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening,
unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or
publicity rights, hateful, or racially, ethnically or otherwise objectionable;
register for more than one User account, register for a User account on behalf of an individual other than yourself, or
register for a User account on behalf of any group or entity;
impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with
any person or entity;
upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations,
promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any
third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
solicit personal information from anyone under 18 or solicit passwords or personally identifying information for
commercial or unlawful purposes;
upload, post, transmit, share or otherwise make available any material that contains software viruses or any other
computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or
hardware or telecommunications equipment;
intimidate or harass another;
upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide
instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any
local, national or international law;
use or attempt to use another's account, service or system without authorization from the Company, or create a false
identity on the Service or the Site.
upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of Company, is
objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose
Company or its users to any harm or liability of any type.
User Content Posted on the Site
You are solely responsible for the photos, profiles (including your name, image, and likeness), messages, notes, text,
information, advertisements, listings, and other content that you upload, publish or display (hereinafter, "post") on or
through the Service or the Site, or transmit to or share with other users (collectively the "User Content"). You may not
post, transmit, or share User Content on the Site or Service that you did not create or that you do not have permission to
post. You understand and agree that the Company may, but is not obligated to, review the Site and may delete or remove
(without notice) any Site Content or User Content in its sole discretion, for any reason or no reason, including User Content
that in the sole judgment of the Company violates this Agreement or which might be offensive, illegal, or that might violate
the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for
creating backup copies and replacing any User Content you post or store on the Site or provide to the Company. When you
post User Content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to
facilitate the posting and storage of the User Content on the Site. By posting User Content to any part of the Site, you
automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable,
perpetual, non‐exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly
perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any
purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare
derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the
foregoing. You may remove your User Content from the Site at any time. If you choose to remove your User Content, the
license granted above will automatically expire, however you acknowledge that the Company may retain archived copies of
your User Content. Student Brands does not assert any ownership over your User Content; rather, as between us and you,
subject to the rights granted to us in these Terms, you retain full ownership of all of your User Content and any intellectual
property rights or other proprietary rights associated with your User Content.
Copyright Complaints
We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise
transmitting on the Student Brands website or service any materials that violate another party's intellectual property
rights. When we receive proper Notification of Alleged Copyright Infringement, we promptly remove or disable access to
the allegedly infringing material and terminate the accounts of repeat infringers as described herein in accordance with the
Digital Millenium Copyright Act. If you believe that any material on the Site infringes upon any copyright which you own or
control, you may send a written notification of such infringement to our Designated Administrator.
Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Company has adopted a policy
of terminating, in appropriate circumstances and at Company's sole discretion, members who are deemed to be repeat
infringers. Company may also at its sole discretion limit access to the Site and/or terminate the memberships of any users
who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Third Party Websites and Content
The Site contains (or you may be sent through the Site or the Service) links to other web sites ("Third Party Sites") as well
as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and
other content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content").
Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for
accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through
the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site,
including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the
Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or
installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or
endorsement thereof by us. If you decide to leave the Site and access the Third Party Sites or to use or install any Third
Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no
longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any
site to which you navigate from the Site or relating to any applications you use or install from the site.
Student Brands Marketplace
All listings posted on or through the Student Brands Marketplace (The service providing the buying and/or selling of books,
electronics, accommodation amongst others) service and all transactions conducted in connection therewith are subject to
and governed by these Terms of Use. When you use Student Brands Marketplace in any manner you are agreeing to abide
by and be subject to the Guidelines and the other applicable rules set forth in these Terms of Use. The Guidelines are
subject to change without prior notice at any time, in the Company's sole discretion, so you should review the Guidelines
each time you use Student Brands Marketplace. Parties to a transaction are solely responsible for all interactions with each
other, for arranging for payment and the exchange of the goods or services purchased if applicable, and for the results and
performance of any transaction or relationship entered into through Student Brands Marketplace. You acknowledge that
Student Brands is not responsible or liable for any action or inaction of any party to a transaction, for any failure to
perform, to pay any amounts due, or to deliver any merchandise or services as promised, or for any other aspect of the
transaction. Any fees or payments collected by Student Brands applicable to Student Brands Marketplace are set forth on
the Site, and all terms and conditions applicable to such fees are set forth in the Student Brands Terms of Sale (see below).
However, please note that the Terms of Sale do not apply to your purchases of products or services from third parties
through Student Brands Marketplace, as those transactions are strictly between you and the other party to the transaction.
ALL USE OF STUDENT BRAND MARKETPLACE IS PROVIDED "AS IS" AND AT YOUR OWN RISK.
Terms of Sale
Please refer to our Terms of Sale for the terms, conditions and policies applicable to your purchase of products or services
from Company. By ordering products or services from Company through the Site, you agree to be bound by and accept the
Terms of Sale. The Terms of Sale are subject to change without prior notice at any time, in Company's sole discretion so
you should review the Terms of Sale each time you make a purchase.
User Disputes
You are solely responsible for your interactions with other Student Brands users. We reserve the right, but have no
obligation, to monitor disputes between you and other users.
Privacy
We care about the privacy of our users. See Student Brands&rsquos Privacy Policy. By using the Site or the Service, you are
consenting to have your personal data transferred to and processed in the Republic of South Africa.
Disclaimers
The Company is not responsible or liable in any manner for any User Content or Third Party Applications, Software or
Content posted on the Site or in connection with the Service, whether posted or caused by users of the Site, by Student
Brands, by third parties or by any of the equipment or programming associated with or utilized in the Site or the Service.
Although we provide rules for user conduct and postings, we do not control and are not responsible for what users post,
transmit or share on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise
objectionable content you may encounter on the Site or in connection with any User Content or Third Party Applications,
Software or Content. The Company is not responsible for the conduct, whether online or offline, of any user of the Site or
Service. The Site and the Service may be temporarily unavailable from time to time for maintenance or other reasons.
Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or
transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User
communications. The Company is not responsible for any technical malfunction or other problems of any telephone
network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of
email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination
thereof, including injury or damage to User's or to any other person's computer, mobile phone, or other hardware or
software, related to or resulting from using or downloading materials in connection with the Web and/or in connection
with the Service, including any Mobile Client software. Under no circumstances will the Company be responsible for any
loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone's use
of the Site or the Service, any User Content or Third Party Applications, Software or Content posted on or through the Site
or the Service or transmitted to Users, or any interactions between users of the Site, whether online or offline. THE SITE,
THE SERVICE (INCLUDING THE MARKETPLACE SERVICE) AND THE SITE CONTENT ARE PROVIDED "AS‐IS" AND THE COMPANY
DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED
WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON‐INFRINGEMENT. THE COMPANY
CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR THE SERVICE
AND/OR ANY PLATFORM APPLICATIONS. COMPANY DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR
MATERIALS ON THE SITE, THE SERVICE OR ANY PLATFORM APPLICATIONS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT
OR ERROR‐FREE OR THAT THE SITE OR SERVICE ITS SERVERS, OR ANY PLATFORM APPLICATIONS ARE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY
SUCH SOFTWARE, CONTENT OR MATERIALS AND USE INDUSTRY‐RECOGNIZED SOFTWARE TO DETECT AND DISINFECT
VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE
OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE (INCLUDING ANY MOBILE CLIENT) FROM OR THROUGH THE SERVICE
AND ANY PLATFORM APPLICATIONS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE
FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER
HARM OF ANY KIND THAT MAY RESULT. The Company reserves the right to change any and all content, software and other
items used or contained in the Site and any Services offered through the Site at any time without notice. Reference to any
products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does
not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Company.
Limitation on Liability
IN NO EVENT WILL COMPANY OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR
ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST
PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR THE SERVICE, ANY PLATFORM APPLICATIONS OR ANY OF
THE SITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE, EVEN IF THE
COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO
THE CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS
OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR
THE SERVICE DURING THE TERM OF MEMBERSHIP, BUT IN NO CASE WILL THE COMPANY'S LIABILITY TO YOU EXCEED
R1000. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO COMPANY FOR THE SERVICE, YOU SHALL BE LIMITED TO
INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY
KIND FROM COMPANY, REGARDLESS OF THE CAUSE OF ACTION. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON
IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME
OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE
ADDITIONAL RIGHTS.
Termination
The Company may terminate your membership, delete your profile and any content or information that you have posted
on the Site or through any Platform Application and/or prohibit you from using or accessing the Service or the Site or any
Platform Application (or any portion, aspect or feature of the Service or the Site or any Platform Application) for any
reason, or no reason, at any time in its sole discretion, with or without notice, including if it believes that you are under 13.
When we are notified that a user has died, we will generally, but are not obligated to, keep the user's account active under
a special memorialized status for a period of time determined by us to allow other users to post and view comments.
Governing Law; Venue and Jurisdiction
By visiting or using the Site and/or the Service, you agree that the laws of the Republic of South Africa, without regard to
principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and
the Company or any of our affiliates. With respect to any disputes or claims not subject to arbitration (as set forth below).
Arbitration
YOU AND COMPANY AGREE THAT, EXCEPT AS MAY OTHERWISE BE PROVIDED IN REGARD TO SPECIFIC SERVICES ON THE
SITE IN ANY SPECIFIC TERMS APPLICABLE TO THOSE SERVICES, THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY
AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF USE, THE SITE AND/OR
THE SERVICE (INCLUDING YOUR VISIT TO OR USE OF THE SITE AND/OR THE SERVICE) SHALL BE FINAL AND BINDING
ARBITRATION, except that: (a) to the extent that either of us has in any manner infringed upon or violated or threatened to
infringe upon or violate the other party's patent, copyright, trademark or trade secret rights, or you have otherwise
violated any of the user conduct rules set forth above or in the Code of Conduct then the parties acknowledge that
arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought; and (b) no
disputes or claims relating to any transactions you enter into with a third party through the Student Brands Marketplace
may be arbitrated. To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF
USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY
OTHER CURRENT OR FORMER USER OF THE SERVICE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In
no event shall any claim, action or proceeding by you related in any way to the Site and/or the Service (including your visit
to or use of the Site and/or the Service) be instituted more than three (3) years after the cause of action arose.
Indemnity
You agree to indemnify and hold the Company, its subsidiaries and affiliates, and each of their directors, officers, agents,
contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and
expenses, including reasonable attorney's fees, arising out of or in connection with any User Content, any Third Party
Applications, Software or Content you post or share on or through the Site (including through the Share Service), your use
of the Service or the Site, your conduct in connection with the Service or the Site or with other users of the Service or the
Site, or any violation of this Agreement or of any law or the rights of any third party.
Submissions
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the
Site or the Service ("Submissions"), provided by you to Company are non‐confidential and shall become the sole property
of Company. Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the
unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without
acknowledgment or compensation to you.
Definitions and Constructions
Unless otherwise specified, the terms "includes", "including", "e.g.,", "for example", and other similar terms are deemed to
include the term "without limitation" immediately thereafter. Terms used in these Terms with the initial letter(s)
capitalized will have the meaning attributed to them in these Terms.
Other
These Terms of Use constitute the entire agreement between you and Company regarding the use of the Site and/or the
Service, superseding any prior agreements between you and Company relating to your use of the Site or the Service. The
failure of Company to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such
right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this
Agreement shall continue in full force and effect. If any provision of these Terms of Use shall be deemed unlawful, void or
for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect
the validity and enforceability of any remaining provisions.
Terms of Sale
Certain products and services may from time to time be made available to you ("you" or "User") by Student Brands cc. or
its corporate affiliates (collectively, "us", "we" or "the Company") through the Student Brands Site. By purchasing any
products or services through Student Brands, you signify that you have read, understand and agree to be bound by the
Terms of Sale in effect at the time of purchase ("Terms of Sale"). Your purchases and your use of Student Brands are also
governed by the Student Brands Terms of Use, which are incorporated herein by reference. " Student Brands Site" means
that website currently appearing at www.studentbrands.co.za , any other Student Brands or Student Brands affiliatebranded
or co‐branded website or web page (including, without limitation, any and all sub‐domains, international versions
and successors thereof) and any Student Brands or Student Brands Affiliate provided services, including, without limitation,
services provided through any media, devices or networks now existing or later developed.
These Terms of Sale are subject to change without prior written notice at any time, in Company's sole discretion, and such
changes shall apply to any purchases made after such changes are posted to the Student Brands Site. Therefore, you
should review these Terms of Sale prior to each purchase so you will understand the terms applicable to such transaction.
If you do not agree to these Terms of Sale, do not make any purchases on Student Brands.
PLEASE READ THESE TERMS OF SALE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR
LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE
RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
Purchase Qualifications; Account Security
To make a purchase on Student Brands, you must comply with these Terms of Sale (including the Terms of Use). You
acknowledge that you are responsible for maintaining the security of, and restricting access to, your account and
password, and you agree to accept responsibility for all purchases and other activities that occur under your account.
Student Brands reserves the right to refuse or cancel orders or terminate accounts, at any time in its sole discretion.
Payment Method and Terms
All payment made between 2 parties independent from Student Brands must be arranged fully by them. Student Brands
takes no responsibility with regards to payment promised and not delivered. All arrangements regarding books,
accommodation, phones etc are not the responsibility of Student Brands site (www.studentbrands.co.za ) or Student
Brands cc.
Delivery
Delivery of all purchases made by and from parties other than Student Brands are not the responsibility of Student Brands
cc or Student Brands site. Should parties make contact with regards to purchases, Student Brands takes no responsibility
with regards to delivery of the product/ products.
Product and Service Descriptions and Availability, Errors
We attempt to be as accurate as possible and eliminate errors on Student Brands, however we do not warrant that any
product, service or description, photograph, pricing or other information is accurate, complete, reliable, current, or errorfree.
In the event of an error, whether on the Student Brands Site, in an order confirmation, in processing an order,
delivering a product or service or otherwise, we reserve the right to correct such error and revise your order accordingly if
necessary (including charging the correct price) or to cancel the order and refund any amount charged. In addition, we
may, in lieu of a refund as provided in this paragraph, opt to provide you with a merchandise or service credit (including
without limitation issuing, at our option, Gift Credits as described below), with a value at least equal to the amount
charged to your credit card. Student Brands reserves the right to determine and modify from time to time the exact nature
of any such merchandise or service credit, including conversion into one or more different types of merchandise or service
credits. Your sole remedy in the event of such error is to cancel your order.
Taxes
User will be responsible for any applicable sales or use tax, duties, or other governmental taxes or fees payable in
connection with your purchase. If you do not pay such sales or other tax or fee on a transaction, you will be responsible for
such taxes or fees in the event that they are later determined to be payable on such sale, and , and Company reserves the
right to collect such taxes or other fees from you at any time.
Returns
Should a product need to be returned for whatever reason, Student Brands takes no responsibility in this regard. The seller
and buyer must make all arrangements pertaining to refunds, returns an or delivery.
Privacy
We care about the privacy of our Users. Readers of these terms are encouraged to view the Student Brands Site's Privacy
Policy. By using the Student Brands Site, you are consenting to have your personal data transferred to and processed in the
Republic of South Africa.
Disclaimers
ANY WARRANTY ON PRODUCTS OR SERVICES PURCHASED THROUGH THIS SITE ARE PROVIDED BY THE ORIGINAL
MANUFACTURER ONLY AND NOT BY COMPANY. COMPANY ITSELF MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR
IMPLIED, WITH RESPECT TO ANY PRODUCTS OR SERVICES SOLD ON THIS SITE.
PRODUCTS AND SERVICES ARE PROVIDED OR SOLD "AS‐IS" AND THE COMPANY DISCLAIMS ANY AND ALL
REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED
WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON‐INFRINGEMENT. THE COMPANY
CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF PRODUCTS OR SERVICES. COMPANY
DOES NOT REPRESENT OR WARRANT THAT PRODUCTS, SERVICES OR ANY PART THEREOF, ARE ACCURATE, COMPLETE,
RELIABLE, CURRENT OR ERROR‐FREE OR THAT PRODUCTS OR SERVICES THAT ARE DOWNLOADED FROM THE SITE ARE FREE
OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND
DOWNLOADING OF ANY SUCH CONTENT OR MATERIALS AND USE INDUSTRY‐RECOGNIZED SOFTWARE TO DETECT AND
DISINFECT VIRUSES.
Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or
otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by the Company.
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