© Mandla Etfu NPC with registration no. 269-769 NPO. All rights not expressly granted, are reserved.
By agreeing to this agreement and using this website ("the site"), you ("user") are indicating that you are in the position to be bound by this agreement as well as indicating your acceptance to be bound by the terms and conditions of this agreement.
1. GENERAL
1.1 This agreement herein may be changed without notice. Your continued use of this site after any such changes constitutes your acceptance of the new agreement and its terms and conditions.
1.2 This agreement herein applies exclusively to your access to, and use of, this site and does not alter in any way the terms and/or conditions of any other agreement user may have with the Mandla Etfu NPC.
1.3 The headings of the clauses in the conditions is provided for convenience and ease of reference only and will not be used to interpret, modify or amplify the terms of the conditions.
1.4 No failure or delay by the Mandla Etfu NPC to exercise any of its rights will be construed as a waiver of any such right, whether this is done expressly or implied, nor will it affect the validity of any part of this agreement or prejudice our right to take subsequent action against the user.
2. INTELLECTUAL PROPERTY RIGHTS
2.1 All the content, trademarks and data on this web site, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, designs and agreements are licensed to the Mandla Etfu NPC and as such are protected from infringement by local and international legislation and treaties.
3. LICENSES AND SITE ACCESS
3.1 You may not use, frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including the images found at this site, the content of any text or the layout/design of any page or form contained on a page) of this website without an authorised personnel's express written consent. Further, you may not use any meta tags or any other “hidden text” utilizing this site's name or trademark without an authorised personnel's express written consent.
4. INDEMNIFICATION
4.1 Users agree to indemnify and hold harmless the Mandla Etfu NPC from any claim, action, demand, loss and damages (including attorneys’ fees) made or incurred by any third party arising out of or relating to your conduct, your violation of this agreement or the users violation of any rights of a third party.
5. SUBMISSIONS
5.1 Users agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information provided by users in the form of email and/or submissions to the Mandla Etfu NPC are non-confidential and shall become the sole property of the Mandla Etfu NPC. The Mandla Etfu NPC shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to users. The submission of any materials to the Mandla Etfu NPC irrevocably waives any and all “moral rights” in such materials, including the rights of paternity and integrity.
6. EMAIL DISCLAIMER
6.1 The information in all e-mail messages (document and attachments) sent by company personnel or legal representatives of the Mandla Etfu NPC is confidential. The information transmitted is intended only for the person(s) or entity to which it is addressed. If you are not the intended recipient(s), please notify the sender immediately and then delete the email (document and attachments). Do not disclose the contents of the email (document and attachments) to any other person, nor make any copies thereof.
6.2 Internet communications cannot be guaranteed to be secure or error-free. Neither the Mandla Etfu NPC nor the sender accepts liability for any errors or omissions in the contents of messages which arise as a result of email transmission. Also take note that emails can possibly contain viruses and that the recipient is responsible for checking and deleting viruses. In no event will the Mandla Etfu NPC or the sender be liable to anyone for any indirect, special, consequential or direct damages arising from the transmission of email messages, the opening of email messages and their attachments, or any use thereof whatsoever.
6.3 No employee or user is authorised to conclude a binding agreement on behalf of the Mandla Etfu NPC unless expressly authorised by company directors.
7. ACCEPTANCE OF FUNDS
7.1 Users acknowledge that any funds paid to the Mandla Etfu NPC by the user through the payment method/s on this site is taken as a willing donation to the Mandla Etfu NPC unless otherwise stated.
8. DISCLAIMER OF WARRANTIES
8.1 Users understand and agree that this site and the information, services and materials available through it are provided on an “as is” and “as available” basis. Users expressly agree that use of this site is at their sole risk.
8.2 To the fullest extent permissible pursuant to applicable law, the Mandla Etfu NPC and its affiliates disclaim all warranties of any kind, either express or implied, including but not limited to any warranties of title, or implied warranties of merchantability or fitness for a particular purpose. No oral or written information provided by the Mandla Etfu NPC or its affiliates, officers, directors, employees, agents, providers, merchants, sponsors, licensors or the like shall create a warranty, nor shall you rely on any such information or advice.
8.3 Users expressly agree that use of this site, including all content, data or software distributed by, downloaded or accessed from or through this site, is at their sole risk. Users understand and agree that they will be solely responsible for any damage to their computer system or loss of data that results from the download of such content, data and/or software.
8.4 The Mandla Etfu NPC does not make any warranty that the site or content will be uninterrupted, timely, secure or error-free, or that defects, if any, will be corrected. The Mandla Etfu NPC does not represent or warrant that materials in this site or information provided by via email or other means, are accurate, complete, reliable, current or error-free nor does the company make any warranty as to the results that may be obtained from use of this website or its content or as to the accuracy, completeness or reliability of any information obtained through use of the site.
8.5 The Mandla Etfu NPC assumes no responsibility for any damages suffered by the user, including, but not limited to, loss of data from delays, nondeliveries of content or email, errors, system down time, misdeliveries of content or email, network or system outages, file corruption or service interruptions caused by the negligence of the Mandla Etfu NPC, its affiliates or its licensor's errors and/or omissions.
8.6 The Mandla Etfu NPC disclaims any warranty or representation that confidentiality of information transmitted through this site will be maintained.
8.7 All the information appearing on this site is provided without a representation or warranty whatsoever, whether expressed or implied, and the Mandla Etfu NPC disclaims any liability to the user in this regard.
9. LIMITATION OF LIABILITY
9.1 The Mandla Etfu NPC has taken reasonable steps as far as is possible, to ensure the accuracy and completeness of the content shown on this site, to ensure that users doesn’t suffer any loss or damages as a result from the use of this site.
9.2 Under no circumstances, including without limitation negligence, shall the Mandla Etfu NPC or its parents, subsidiaries, affiliates, officers, directors, employees, suppliers or any other party involved in creating or producing for the site will be liable for any indirect, incidental, special, consequential or punitive damages arising from the use or inability to use the site or any content provided by or through this site resulting from unauthorized access to or alteration of their transmissions of data of which liability is not limited to damages from lost profits, data or any other intangibles, even if the Mandla Etfu NPC has been advised of the possibility of such damages.
9.3 In no event shall the Mandla Etfu NPC be liable for any act or omission of any third party (such as, for example, any provider of telecommunications services, internet access or computer equipment or software) or for any circumstances beyond our control (such as, for example, a fire, flood, or other natural disaster, war, riot, strike, act of civil or military authority, equipment failure, computer virus, or failure or interruption of electrical, telecommunications or other utility services).
9.4 Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, in such jurisdictions, liability is limited to the fullest extent permitted by law.
10. USER’S LIABILITY TO THE MANDLA ETFU NPC
10.1 In the event that the Mandla Etfu NPC takes action against you for breach of these terms of use, user agrees to reimburse the Mandla Etfu NPC for all legal costs, including all fees related to evidence gathering and collection commission, on a scale as between attorney and own client should the court's judgement rule in favour of the company.
11. APPLICABLE LAW
11.1 The terms and conditions pertaining to any services appearing on this site shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Use of this site shall constitute the user's consent and submission to the jurisdiction of the Republic of South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of the terms and conditions pertaining to this site.
12. SEVERABILITY
12.1 If any provision of this agreement is held to be invalid, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
13. TERMS
13.1 The term “user” is used interchangeably and refer to all individuals and/or entities accessing this website for any reason.
13.2 The term “site” refers to the mandlaetfu.co.za website.
13.3 The term “company” refers to the Mandla Etfu NPC.