Terms of Service

About these Terms

This is version 1.0 of the Service Terms. These Terms were published on 2013–01–24.

Binding Contract
These Terms are a contract between you and us and govern your use of this Service. You may not use the
Service unless you agree to abide by these Terms so it is very important that you read these Terms and
any other documents referred to in these Terms very carefully.

You will signify your agreement with these Terms and to be bound by them if you do either of the
following:

Click to accept or agree to these Terms where we give you an option to do so; or

By using the Service in any way, in which case you understand and agree that Acme will treat your
Service user as acceptance of these Terms from the moment you first begin to access the Service.

If you do not agree with any provision contained in these Terms, please do not use the Service in any
way.

How to interpret these Terms

These Terms contain a number of words and phrases which have specific meanings and most of which
are capitalised. The Glossary, below, contains these words and phrases.

We also apply certain rules when interpreting these Terms and our Interpretation Guide, also below,
sets out these rules below.

Important provisions pertaining to legal liability

These Terms contain provisions which limit our exposure to legal liability and even make you
responsible for a variety of acts. Some of these provisions do have the effect of limiting your rights in law
and conferring obligations on you by virtue of your agreement to these terms of use. You can find these
provisions in the Liability section below.

It is important that you familiarise yourself with these provisions before you access the Service and that
you not access the Service if you do not agree to abide by those provisions.

Legal Age and Capacity

You may not use the Service and may not accept these Terms if you -

lack the legal capacity to enter into a binding contract with Acme ;

are a person who is not permitted to access or use this Service under the laws of the Republic of
South Africa or other country including the country in which you are resident or from which you
access this Service; and/or
 require the consent of a guardian or parent to agree to these Terms and fail to obtain that consent.

By using the Service and/or the content you represent and warrant that you are of full legal age, or are
emancipated or have your guardian’s consent to enter into a contract being these Terms.

Changes to these Terms

We reserve the right, in our sole discretion, to, and you agree that we may, amend these Terms at any
time, in any way and from time to time. We will notify you of proposed changes to these Terms to the
amended Terms, in advance of such amendments coming into effect, on the Website. These
amendments shall come into effect automatically on their advertised commencement date.

It is your responsibility to review these Terms regularly and to ensure that you agree with any
amendments to these Terms. If you do not agree with any amendments to these Terms, you may no
longer access the Service.

Content use
Our Content
We grant you a personal, revocable, worldwide, royalty-free, non-commercial, non-transferrable and
non-exclusive licence to access our content on the Service. This licence is for the limited purpose of
enabling you to use the Service, in the manner permitted by these Terms. In the event we revoke this
license, you may no longer access the Service or make any use of our content.

Unless we have given you specific written permission to do so, you may not transfer, through an
assignment of rights, sub-licence or otherwise, your rights to use the Service or otherwise transfer any
part of your rights to use the Service.

To the extent that any copying, reproduction, distribution, transmission, display, broadcasting or
publishing of any content is expressly permitted (such permission to be interpreted in its most
restrictive sense) you may do so, provided that all trademarks, trade names and all copyright,
ownership, proprietary and confidentiality notices as are included on the original content are retained
and displayed without alteration or modification and not in any manner obscured or removed.

You acknowledge that you do not acquire any ownership rights or rights of use in or to any Content by
copying, reproducing, distributing, transmitting, displaying, broadcasting or publishing that Content
except where explicitly permitted to do so.

Although the Content is based upon information that Acme considers reliable and which Acme
endeavours to keep current, Acme does not represent and has not necessarily verified that the Content is
accurate, current, or complete and it should not be relied upon as such.

The Service
The Service is described on our Website.

Content accessible through the Service may not be appropriate for all users and while we take steps to
monitor and remove objectionable content, it remains solely your responsibility not to consume
inappropriate content or prevent underage users from accessing this content where it is within your
control to do so.

External Websites and Services

The Service will contain Content that includes Content we create. Some of this content will be directed
to or appear on the Website using External Websites. Your use of those External Websites is subject to
both these Terms and the terms of use applicable to those External Websites. You agree that it remains
your obligation to familiarise yourself with the External Parties’ terms of use and to comply with both
them and these Terms. In the event there is a conflict between these Terms and a External Party’s terms
of use, these Terms shall prevail to the extent of the conflict for the purposes of your access to the
Service.

Links to and from the Service from and to External Websites do not constitute our endorsement of such
linked Services or their contents nor do we necessarily associate itself with their owners or operators.
You are solely responsible for identifying and familiarising yourself with any terms of use which will
govern your relationship with such External Party.

We have no control over External Websites and you agree that we are not responsible or liable for any
content, information, goods or services available on or through any such linked Services or for any
Losses caused or alleged to be caused by or in connection with your use of or reliance on any such
content, information, goods or services available on or through any such External Websites. You agree
that where you use External Websites, you do so entirely at your own risk.

Changes to the Service

We may add new features and modify or even discontinue existing features on reasonable notice to you
on the Website and in our sole discretion. You agree to this.

Your conduct
You may not access the content or the Service for or in conjunction with any illegal, unlawful or immoral
purposes or as prohibited by these Terms.

You agree to adhere to generally acceptable Internet and e-mail etiquette. In this regard, without being
limited to the examples listed below, you agree not to:

engage in any abuse of e-mail or spamming, including, without being limited to -

the posting or cross-posting of unsolicited content with the same or substantially the same
message to recipients that did not request to receive such messages; and

inviting people who you may be connected to using External Party services to access the
Service where those people may not wish to receive such invitations or similar communications
(in other words, make sure your contacts on other services are receptive to receiving invitations
to joining us and accessing the Service or other communications you send them from us);

engage in any activity intended to entice, solicit or otherwise recruit website users to join an
organisation except where we expressly authorise such activities in writing;

take any action aimed at deceiving or misleading any person, attempt to impersonate or misrepresent
 your affiliation to any person or forge headers or otherwise manipulate identifiers in order to
disguise the origin of anything posted or transmitted through the Service;

submit any person’s personal information to the Website without that person’s informed consent to
do so (for more information about our requirement for informed consent, see below);

use the Service to post or transmit anything which is defamatory, discriminatory, obscene, offensive,
threatening, abusive, harassing, harmful, hateful or which carries child pornography, religious or
racial slurs or threatens or encourages bodily harm or the like or which may violate any person’s
personality rights;

use the Service to make fraudulent offers to sell or buy products, items or services or to offer or solicit
for any type of financial scam such as “pyramid schemes” and “chain letters”;

use the Service in a manner that may infringe the intellectual property rights (for example copyright
or trade marks) or other proprietary rights of others;

use the Service in any manner which could damage, impair, overburden or disable the Service or
interfere with any other party’s access to the Service;

use the Service to post anything which contains viruses or any other destructive features, regardless
of whether or not damage is intended;

gather e-mail addresses and/or names for commercial, political, charity or like purposes or use the
services to collect or attempt to collect personal information about third parties without their
knowledge or consent;

violate the privacy of any person or attempt to gain unauthorised access to the Service or any other
network, including (without being limited to) through hacking, password mining or any other means;
and/or

otherwise use the Service to engage in any illegal or unlawful activity.

Should you engage in any one or more of the above practices, which shall be determined in our sole
discretion (and which decision shall be final), then we shall be entitled, without prejudice to any other
rights we may have, to:

without notice, suspend or terminate your access to the Service;

hold you liable for any costs we incur as a result of your misconduct; and/or

notwithstanding our privacy policy referred to below, disclose any information relating to you,
whether public or personal, to all persons affected by your actions.

Your privacy
You agree to the use of your personal information in accordance with the Privacy Policy. For
information about our data protection practices, please read the Privacy Policy.

This policy explains how we processes your personal information when you use the Services.
Liability
These terms of use contain provisions which limit our exposure to legal liability and even make you
responsible for a variety of acts. Some of these provisions do have the effect of limiting your rights in law
and conferring obligations on you by virtue of your agreement to these Terms.

Disclaimers and Liability Limitation

Your use of and reliance through the Service is entirely at your own risk. The Service is provided “As Is”
and “As Available”.

To the fullest extent permissible by law, we disclaim all warranties of any kind, whether express or
implied, including without limitation to the implied warranties that the Content published to the Service
(or the Service itself, for that matter) is fit for any purpose other than as a reference work in respect of
the Content provided on the Service.

While we take reasonable precautions in our operation of the service, you agree that we nor our
Associates shall be liable in respect of any Losses however arising and whatever the cause, in particular
pursuant to and in furtherance of this Agreement, your access to the Service or from your inability to
access the Service.

We will use reasonable endeavours to make the Service available to you, and keep the Service available
to you at all times. However, you agree that we shall not be liable in respect of any Losses caused by or
arising from the unavailability of, any interruption in or your access to the Service (either in part or as a
whole) for any reason whatever.

Any discussion of the risks associated with to any aspect of the Service or the Service as a whole should
not be considered to be a disclosure of all risks or complete discussion of the risks which are mentioned.

You should not rely on the Service for professional advice of any nature whatsoever or as a complete
means of exercising your rights. It remains your responsibility to take professional advice where
appropriate.

Indemnity
You hereby indemnify us and our Associates from any Losses (financial or otherwise) or damage due to
or arising out of your use of the Service or your breach of these Terms.

We are not responsible for files and data residing on your account or for any contributions you may have
made to the Service. You agree to take full responsibility for files and data transferred and your Content
as well as to maintain all appropriate backup of files and date stored on our servers.

Governing law and jurisdiction

The Service is controlled and maintained from our facilities in the Gauteng province of the Republic of
South Africa. you irrevocably agree that the law of the Republic of South Africa shall govern the Service
and these Terms.
You consent to the jurisdiction of the South Gauteng High Court, Johannesburg, South Africa in respect
of disputes which may arise out of your use of the Service and these Terms.

You also irrevocably and unconditionally consent to the jurisdiction of the Magistrates Court even
though the value of a claim which we may have against you may exceed the ordinary monetary
jurisdiction of the Magistrates Court.

Severability
Any provision in these Terms which is or may become illegal, invalid or unenforceable shall be
ineffective to the extent of such prohibition or unenforceability and shall be treated pro non scripto (as if
it were not written) and severed from these Terms, without invalidating the remaining provisions of
these Terms.

Documents and notices

We choose the addresses and other contact details specified in our ECT Act Disclosures section, below,
for all communication purposes under these Terms, whether in respect of court process, notices or other
documents or communications of whatsoever nature.

ECT Act Disclosures

Access to the content on or through the Service and the Website itself are classified as “electronic
transactions” in terms of the ECT Act and therefore you have the rights detailed in Chapter VII of the
ECT Act and we have the duty to the disclose the following information:

Our full name and legal status: Acme (Proprietary) Limited (Registration No.: 2012/123456/07)

Street address:

Postal address:

Physical address for receipt of legal service:

Main business:

Website address:

Official email address:

Membership of self-regulatory or accreditation bodies:

Codes of conduct to which we subscribe:

Governing terms of use: These Terms

Manual in terms of the Promotion of Access to Information Act 2 of 2000: We have not published a
manual

Management:

Costs associated with the access to and use of the Website: Costs are detailed on the Website.

Dispute resolution: No specific dispute resolution process

Cooling off period: Not applicable

Complaints process: Not applicable

Termination
The Terms will continue to apply until either you or we terminate these Terms on the one or more of the
grounds set out below.

You may terminate these Terms at any time by deleting your profile and ceasing your use of the Service
entirely.

We may at any time, terminate our legal agreement with you if:

you have breached any provision of the Terms (or have acted in manner which clearly shows that you
do not intend to, or are unable to comply with the provisions of the Terms); or

we is required to do so by law (for example, where the provision of the Services to you is, or becomes,
unlawful); or

providing the Service is or becomes, in our opinion, no longer commercially viable.

In the event you or we terminate our agreement with you, your license to use the Content shall
terminate automatically where applicable. Those provisions of these Terms which are intended to
survive termination of these Terms shall do so.

Miscellaneous
You agree that:

you are bound by these Terms;

this agreement shall be deemed to have been concluded in Johannesburg, South Africa at the time
you use the Service for the first time;

data messages addressed by you to us shall be deemed to have been –

received if and when responded to;

 sent by you within the geographical boundaries of the Republic of South Africa;

You shall be deemed to have been received data messages we address to you as detailed in section 23(b)
of the ECT Act;

You also warrant that data messages that you send to us from a computer, IP address or mobile device
normally used by you, was sent and/or authorised by you personally.

No indulgence, extension of time, waiver or relaxation of any of the provisions or terms of these Terms
which we may show, grant or allow you shall operate as an estoppel against us in respect of its rights
under these Terms nor shall it constitute a waiver by us of any of our rights and we shall not thereby be
prejudiced or stopped from exercising any of its rights against you which may have arisen in the past or
which might arise in the future.

Nothing in this agreement shall create any relationship of agency, partnership or joint venture between
you and us and you shall not hold itself out as being our agent or partner or as being in a joint venture
with us.

Interpretation Guide
In these Terms, headings are for convenience and we don’t intend for them to be used to interpret the
Terms.

If, in the Terms, we refer to a party who is liquidated or sequestrated (or has been through a comparable
process under a different legal system), then the Terms will also be applicable to and binding on that
party’s liquidator or trustee, as the case may be.

Unless we indicate to the contrary in these Terms, any references to any gender includes the other
genders, a natural person includes an artificial person and vice versa, the singular includes the plural
and vice versa.

When we specify any number of days in the Terms, the number of days excludes the first day and
includes the last day unless the last day falls on a Saturday, Sunday or statutory public holiday in the
jurisdiction which governs these Terms, in which case the last day shall be the next succeeding day
which is not a Saturday, Sunday or statutory public holiday. Generally speaking, references to a “day”
are references to typical business days.

All annexures, addenda and amendments to these Terms form an integral part of these Terms and,
therefore, our contract with you.

Glossary
The following expressions shall bear the meanings assigned to them below and related expressions shall
bear corresponding meanings –

“Acme”, “our, “us” and “we” means Acme (Proprietary) Limited;

“Associates” means a Party’s officers, servants, agents or contractors or other persons in respect of
whose actions that Party may be held to be vicariously liable;

“Content” means all information (such as data files, written text, computer software, music, audio
files or other sounds, photographs, videos or other images) which may be protected by copyright;

“ECT Act” means the Electronic Communications and Transactions Act 25 of 2002 (as amended from
time to time as well as any regulations issued in terms of this Act);

“External Party” means a party other that you and us;

“External Websites” means websites other than the Website;

“Intellectual Property” means the expression and/or representation of an intellectual and/or creative
process and includes, but not be limited to, any text, images, data, multimedia, ideas, source code,
concepts, know-how, data processing techniques, copyrights, trademarks, logos, patents, designs,
inventions;

“Intellectual Property Rights” means rights, whether registered or unregistered, including

applications for and rights to obtain or use Intellectual Property;

“know-how" means all the ideas, designs, documents, diagrams, information, devices, technical and
scientific data, secrets and other processes and methods we use in connection with the Service, as
well as, all available information regarding marketing and promotion of the products and services
described in these Terms, as well as all and any modifications or improvements to any of them;

“Losses” means all losses (including, but not limited to those in respect of injury, damage to physical
property or loss of life), liabilities, costs, expenses, fines, penalties, damage, damages and claims, and
all related costs and expenses (including legal fees on the scale as between attorney and own client,
tracing and collection charges, costs of investigation, interest and penalties);

“post” means to upload, publish, transmit, share or store;

“Privacy Policy” means our Privacy Policy which is located at http://acme.com/legal/privacy-policy/;

“Service” means the Acme service established to publish and make Providers’ Content available to
users and which is described on the Website from time to time;

“Terms” means these terms of service, as amended from time to time;

“Website” means the website located at http://acme.com;

“use” when used in the context of -

a website (whether it be the Website or a External Website), means to visit, load in a web
browser, mobile phone or similar software application or device or otherwise engage with a
website;

Content, means to copy, download, view, modify, adapt, load in a web browser, mobile phone,
software application or device or to otherwise engage with and/or manipulate such content;

“user/s” and “you” means, in the context of the Service, anyone who registers with and uses the
Service.