POP OFF WEBSITE TERMS AND CONDITIONS
1 introduction
1.1 The website at www.pop-off.co.za (the “Website“) is made available by and is owned and operated by Anna Wilhelmina Burger (identity number: 610614 0210 088), a sole proprietor trading as “Pop Off” (“Pop Off” or the “Website Owner“). The Website Terms and Conditions set out below (“Terms and Conditions“), are binding and enforceable against every person who uses, accesses or views this Website or any part thereof. You accept and agree that making use of this Website signifies your agreement with these Terms and Conditions and your acceptance that these Terms and Conditions shall apply even where the Website Content is provided by or belongs to Pop Off’s clients, affiliates, third-party providers, or any other party.
1.2 Should you not agree to these Terms and Conditions, you shall be prohibited from using this Website and/or the Website Content and must immediately delete all copies of the Website Content in your possession or under your control. This includes any Website Content which has been copied or cached by you.
2 DEFINITIONS
In these Terms and Conditions, unless the context indicates a contrary intention, the following words and expressions bear the meanings assigned to them and cognate expressions bear corresponding meanings –
2.1 “ECT Act” means the Electronic Communications and Transactions Act No. 25 of 2002;
2.2 “Pop Off File” means the “Pop Off File” product available on and/or accessible through the Website and in respect of which you will upload your personal information and documentation for record-keeping purposes;
2.3 “Privacy Policy” means the Website Owner’s privacy policy available at click here;
2.4 “Terms and Conditions” means the terms and conditions contained in this document as well as any additional document incorporated by reference;
2.5 “Website” means www.pop-off.co.za and all subpages thereof but excluding hyperlinks to external sites;
2.6 “Website Content” means any material, software, icons, text, graphics, photographic images, sound clips, advertisements, music, video clips, literary works, musical works, artistic works, sound recordings, cinematograph films, program-carrying signals, published editions, computer programs, sound and television broadcasts, ring tones, ring back tones, sms tones, artwork trade names, logos, designs, trade marks and service marks which are displayed on or incorporated in the Website, and specifically includes the Pop Off File. The terms “literary works”, “musical works”, “artistic works”, “sound recordings”, “cinematograph films”, “program-carrying signals”, “published editions”, and “computer programs” shall bear the meanings assigned to such terms in the Copyright Act No. 98 of 1978;
2.7 “Website Owner” means Pop Off Proprietary Limited and includes its affiliates, subsidiaries, holding companies and partners; and
2.8 “you” means any person that accesses the Website and to whom these Terms and Conditions will apply.
3 interpretation
In these Terms and Conditions –
3.1 clause headings are for convenience and are not to be used in the interpretation of the Terms and Conditions in which such headings appear;
3.2 unless the context indicates a contrary intention, an expression which denotes –
3.2.1 any gender includes the other genders;
3.2.2 a natural person includes a juristic person and vice versa; and
3.2.3 the singular includes the plural and vice versa;
3.3 the words “clause” or “clauses” refer to clauses of these Terms and Conditions; and
3.4 the words “include“, “includes“, and “including” means “include without limitation”, “includes without limitation”, and “including without limitation”. The use of the word “including” followed by a specific example/s shall not be construed as limiting the meaning of the general wording preceding it.
4 Acceptance of these Terms and Conditions
4.1 These Terms and Conditions regulate the terms and conditions upon which you may use, access, refer to, or view Website Content.
4.2 You agree that by clicking the “Agree” button or making use of this Website signifies your agreement to comply with these Terms and Conditions and accept that these Terms and Conditions shall apply even where the Website Content is provided by or belongs to the Website Owner’s clients, partners and third-party providers featured on the Website, or any other party.
4.3 Should you not agree to these Terms and Conditions, you may not use this Website and/or the Website Content and must immediately delete all copies of the Website Content in your possession or under your control. This includes any Website Content which has been copied or cached by you.
4.4 The Website Owner reserves the right to amend these Terms and Conditions at any time, without notice and you agree to be bound by the amended Terms and Conditions.
5 SCOPE OF PERMITTED USE
5.1 You may use this Website to (i) browse and print the Website Content; and (ii) upload content to the Website in order to create and update your Pop Off File.
5.2 Subject to these Terms and Conditions, this Website and the Website Content may only be used by you for the purposes set out in these Terms and Conditions and for lawful personal and non-commercial purposes (“the Permitted Use”). The Permitted Use does not extend to the source code of this Website or of the source code of any software or computer program that forms part of the Website Content.
5.3 In addition, you are not allowed, without the Website Owner’s prior written approval, to –
5.3.1 frame, link to, modify, distribute, commercialise, exploit and /or alter the Website or the Website Content;
5.3.2 incorporate any part of the Website Content in any other work or publication; and/or
5.3.3 perform any other act which may not be considered fair use,
(collectively “Prohibited Acts”).
5.4 These Terms and Conditions and any restrictions on the use of this Website or the Website Content will also apply to any part of this Website or the Website Content which is cached when using this Website or the Website Content.
5.5 Requests for approval to perform a Prohibited Act must be submitted to admin@pop-off.co.za. The Website Owner is entitled, in its sole discretion, to withhold or grant consent. The Website Owner may also impose any conditions on any consent which is granted.
5.6 The Website Owner may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate –
5.6.1 the operation of this Website or any of the Website Content; or
5.6.2 your right to use this Website or any of the Website Content.
5.7 You may not transfer any rights granted to you in terms of these Terms and Conditions to any other person or entity.
5.8 The Website Owner is allowed to grant the same, similar, additional or different rights to any other person or entity.
6 Exclusion of liability for Use of this Website and the Website Content
6.1 Use of this Website and the Website Content is entirely at your own risk.
6.2 Subject to the provisions of the Electronic Communications and Transactions Act No. 25 of 2002 (the “ECT Act“) and to the fullest extent allowed by law, the Website Owner, its agents and third party suppliers will not have any liability whatsoever in relation to this Website and the Website Content. You hereby indemnify the Website Owner, its agents and third party suppliers against any loss, liability, expense, claim, penalty or damage, whether direct, indirect, special or consequential, arising from your use of or reliance on this Website or the Website Content, or any actions or transactions resulting therefrom, even if the Website Owner, its agents or third party suppliers have been advised of the possibility of such loss, liability, expense, claim, penalty or damages.
6.3 In addition to the general scope of clauses 6.1 and 6.2 above and to the fullest extent allowed by law, the Website Owner, its agents and third party suppliers, including their respective affiliates, will not be liable for any unavailability, interruption, downtime, malfunction, or failure of this Website or the Website Content for any reason whatsoever.
6.4 If any of the limitations or exclusions of the liability of the Website Owner in these Terms and Conditions are held by any competent court, arbitrator or authority to be invalid or unenforceable, in no event will the total cumulative liability of the Website Owner, its agents and third party suppliers and their respective affiliates, to you exceed R1000.
7 Exclusion of warranties and representations
7.1 Any views or statements made or expressed on this Website are not necessarily the views of the Website Owner, or its directors, employees, officers, servants and/or agents.
7.2 This Website and the Website Content is provided “as is” and is subject to change without notice.
7.3 Subject to the provisions of the ECT Act, this Website and the Website Content is provided without any representation or warranty whatsoever, whether express, implied or statutory. This includes but is not limited to any representation or warranty as to the operation, integrity, compatibility, availability or functionality of this Website or as to the operation, accuracy, completeness, integrity, compatibility, availability, functionality or reliability of the Website Content.
7.4 The Website Owner makes no warranty or representation, whether express or implied, that the Website Content is free of viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation of a computer system, computer network, any handset or mobile device, or your hardware or software. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software.
7.5 The Website Owner does not accept any responsibility for any errors or omissions on this Website or the Website Content.
7.6 You must not rely on any warranty or representation, which allegedly induced you to agree to these Terms and Conditions, unless the representation or warranty is recorded in these Terms and Conditions.
7.7 This Website and the Website Content is not intended to, and does not, constitute advice or a recommendation of any nature at all in respect of, but not limited to, any entity, institution, investment, service or product.
8 Intellectual Property
8.1 The Website Content is the property of the Website Owner (and, where applicable its agents and third party suppliers). Any unauthorised use of the Website Content is prohibited.
8.2 You will not acquire any right, title or interest in or to this Website or the Website Content other than those rights expressly granted to you in these Terms and Conditions. Your rights of use are subject to these Terms and Conditions.
8.3 Where any of the Website Content has been licensed to the Website Owner or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.
9 UsE of this Website
9.1 You may not use this Website to obtain or distribute –
9.1.1 copyrighted material or material protected by laws relating to intellectual property rights without the permission of the Website Owner;
9.1.2 material containing viruses or any other destructive materials or data or code which is able to corrupt, interfere with, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation of a computer system or hardware or software;
9.1.3 material which is defamatory, unlawful or contains hate speech; or
9.1.4 bulk e-mail, whether solicited or unsolicited.
9.2 You must not interfere with or jeopardise the functionality or the operation of any part of this Website or attempt to interfere with or jeopardise, disrupt, disable, harm or otherwise impede in any manner the functionality or operation of any part of this Website.
9.3 You are strictly prohibited from using this Website for “spoofing”, “hacking”, “flaming”, “cracking”, “phishing” or “spamming” or any other activity designed or aimed at achieving purposes similar to or the same as the aforementioned acts.
9.4 You may not intercept any information transmitted to or from the Website Owner or this Website which is not intended by the Website Owner to be received by you.
9.5 You must not –
9.5.1 post, transmit, upload or otherwise make available, through or in connection with the Website anything that is or may be threatening, harassing, degrading, fraudulent, wrongful, obscene, indecent or otherwise objectionable;
9.5.2 harvest or collect personally identifiable information about other users of the Website;
9.5.3 restrict or inhibit any other person from using the Website (including hacking or defacing any portion of the Website;
9.5.4 use the Website to advertise or offer to sell or buy any goods or services without the Website Owner’s express written consent;
9.5.5 reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, or access to the Website; and
9.5.6 create a database by systematically downloading and storing all or any Website Content.
9.6 The Website Owner may remove any content posted transmitted, uploaded or otherwise made available by you that it deems inappropriate.
10 Registration
10.1 You are required to register (i.e. sign up) with the Website Owner in order to access and use (i) the Pop Up File product; (ii) certain ancillary services offered by the Website Owner; and (iii) areas of the Website. With respect to such registration –
10.1.1 we may refuse to grant you, and you may not use, (i) a user name that is already being used by someone else; (ii) that may be construed as impersonating another person; (iii) that may belong to another person; (iv) that violates the intellectual property or other rights of any person; (v) that is offensive or (vi) that we reject for any other reason in our sole discretion; and
10.1.2 Your user name and password are for your personal use and not for use by any other person. You are responsible for maintaining the confidentiality of any password you may use to access the Website, and agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to the Website, to any third party. You are fully responsible for all interaction with the Website that occurs in connection with your password or user name. You agree to immediately notify the Website Owner of any unauthorised use of your password or user name or any other breach of security related to your account or the Website, and to ensure that you “log off”/exit from your account with the Website (if applicable) at the end of each session. The Website Owner shall not be liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.
10.2 Registration is free of charge.
11 Interception and monitoring
You agree that your communications on this Website may be intercepted, as defined in the Regulation of Interception of Communications and Provision of Communication-related Information Act No. 70 of 2002 (as amended), by the Website Owner or any other competent authority.
12 APPLICABLE LAW
These Terms and Conditions will be interpreted and implemented in accordance with the laws of the Republic of South Africa and you agree to the jurisdiction of the courts of the Republic of South Africa. You agree that you will comply with and be bound by all laws that may be applicable to you in accessing this Website and uploading your content to your Pop Off File.
13 Privacy Policy
Please click here to view the Website Owner’s Privacy Policy.