Privacy Policy

Privacy Policy

THIS POLICY APPLIES TO ALL Vaal Info PAGES PRODUCTS, SUCH AS MOBILE SITES, APPS, WEBSITES, ETC.

THIS THE VAAL MEANDER PRIVACY POLICY (“PRIVACY POLICY”) APPLIES TO HOW WE COLLECT, USE AND PROCESS YOUR PERSONAL INFORMATION WHEN YOU USE ANY OF THE VAAL MEANDER SERVICES, THE WEBSITE, AND ANY APPLICATIONS. PLEASE READ THIS PRIVACY POLICY CAREFULLY. PLEASE NOTE IN PARTICULAR THE PARTS THAT ARE IN BOLD WRITING AS THESE PARTS MIGHT LIMIT OUR RISK OR LIABILITY, REQUIRE YOU TO ASSUME RISK AND LIABILITY FOR CERTAIN ISSUES, OR TO ACKNOWLEDGE CERTAIN FACTS.

Scope of the Privacy Policy

  1. Introduction and scope
    1.1.1 – The Vaal Meander is a close corporation in the Republic of South Africa under registration number CK2001/082067/23 (hereinafter referred to as “The Vaal Meander” or “we” or “us” or “our”). We are a regional tourism organization in The Vaal Triangle and provide destination marketing, visitor and industry services (the “Services”).
    1.1.2 – This Privacy Policy, which must be read together with our Website terms and conditions (“Terms”), sets out the basis on which any Personal Information (defined in paragraph 2 below) we collect from you, or that you provide to us, will be collected, used, stored and processed by us when you use the Website and/or the Services. Unless defined elsewhere, terms in this Privacy Policy shall bear the same meaning ascribed to them in the Terms.
    1.1.3 – Please read this Privacy Policy carefully to understand our views and practices regarding your Personal Information and how we will treat it.
    1.1.4 – The Vaal Meander is committed to protecting and respecting your privacy. We strive to ensure that our use of your Personal Information is lawful, reasonable, and relevant to our business activities, with the ultimate goal of improving our Services and your experience.
    1.2 – Your agreement to the terms of the Privacy Policy
    1.2.1 -By using the Website or otherwise agreeing to the Terms you agree to be bound by this Privacy Policy and by agreeing to this Privacy Policy, you provide us with your express consent and agreement that we may collect, get, receive, record, organise, collate, store, update, change, retrieve, read, process, use and share your Personal Information in the ways set out in this Privacy Policy. When we do one or more of these actions with your Personal Information, we are “Processing” your Personal Information.
    1.2.2 – If you do not agree with this Privacy Policy, or are concerned about any aspect as it relates to your Personal Information, please do not continue to use the Website.
    Paragraph 1.2 has important legal consequences for you. In this paragraph, you expressly give your permission to us to collect, collate, process, share and use your Personal Information in the manner and for the purposes set out in this Privacy Policy. By doing this, you know and accept that you are giving up certain parts of your right to privacy. You will not be able to take any action against us for using your Personal Information in a manner for which you have granted your consent, even if you suffer loss or damage.
    1.3 – What does this Privacy Policy apply to?
    1.3.1 – This Privacy Policy applies to us, and our successors-in-title; and
    1.3.2 – you, namely a person who:
    1.3.2.1 -browses, uses, accesses, refers to, views and/or downloads the information made available by us on the Website (“Content”) and/or makes any information available to us via the Website; and/or
    1.3.2.2 – is or has applied to be part of our membership programme (“Member”).
    regardless of the device which you use to access the Website, including, but not limited to, internet-connected mobile devices and tablets (“Access Device”).
    1.3.3 – This Privacy Policy does not apply to other third party websites, products or services, linked to from, or advertised on the Website.
  2. What is Personal Information?
    2.1 – “Personal Information” refers to private information about an identifiable person, which includes your name and surname, age, date of birth, contact details (e.g. your home address, postal address, e-mail address or phone number), physical location, social media account details and profile pictures.
    2.2 – Other information which might be Personal Information may include:
    2.2.1 – “Access Device and Device event information”: We may collect information such as your IP address, unique device identifier, the nature of the Access Device which you used to access the Website (e.g. a tablet or smart phone), the geographic location from which you accessed our Website (i.e. the geographic location of your Access Device), hardware model and settings, operating system type and version, browser language, system activity, crashes;
    2.2.2 – “log information” When you use the Website, we may automatically collect and store certain information in server logs (i.e. our web servers automatically record and maintain a log of their activities when users access the Website , which may include your “site activity information”, such as details of how, when and for how long you accessed the Website , what links you went to, what Content you accessed, the amount of Content viewed and the order of that Content and the amount of time spent on the specific Content;
    2.2.3 – “profile information”: We may collect and process information and data usage per profile to make targeted recommendations to that profile when logged in to using the Website ;
    2.2.4 – “location information”: We may use various technologies to determine your actual location, such as geographical data from your Access Device (which is usually based on the GPS or IP location);
    2.2.5 – “Member Information”: Members must provide an email address, name, surname, company name, contact number, business address, job title and location in order to submit a membership query (“Membership Query”) and Members will need to create a username and password to access their member benefits.
    2.3 Some of the information we receive is Personal Information, and some is non-personal information that becomes personal. In some circumstances we will de-identify, anonymise or segregate information so that we may make use of it in aggregate form without treating it as Personal Information.
  3. When will we process your Personal Information?
    3.1 – In addition to paragraph 4 below, Personal Information may be processed by us in several ways, including, when:
    3.1.1 – you access, browse or make use of the Website, and/or the Services;
    3.1.2 – you stream, access or make use of the Content;
    3.1.3 – we provide the Service to you;
    3.1.4 – you log a Membership Query or access your Membership Account;
    3.1.5 – you contact us, by email or telephonically;
    3.1.6 – we carry out demographic research;
    3.1.7 – you sign up for our newsletters (“Newsletters”) and/or enter into any competitions or promotions (“Competitions”) which we run; and
    3.1.8 – you submit your Personal Information to us for any other reason, or authorise third parties to do so.
  4. How we collect your Personal Information
    4.1 – We collect your Personal Information in various ways, namely actively from you, passively from your Access Device when you use the Website or from our affiliates and third party service providers.
    4.2 – Active collection from you
    4.2.1 – If you contact us, we may keep a record of that correspondence.
    4.2.2 – The Personal Information we may actively collect from you may include your identifying information (e.g. your name, surname, and physical location), contact details (e.g. e-mail address and phone number).
    4.2.3 – We may require you to submit certain information in order for you to submit a Membership Query or to access your Membership Account online, including, but not limited to your company name, contact number, business address, job title and location.
    4.2.4 – We may require you to submit certain information in order for you to sign up for our Newsletters and/or enter into any Competitions, including but not limited to your name, email address, and location.
    4.3 – Collection from your Access Device
    4.3.1 – We passively collect some of your Personal Information from the Access Device which you use to access the Website using various technological means, for instance, using server logs to collect and maintain log information.
    4.3.2 – We also use cookies and anonymous identifiers which enable our computer system to recognise you when you next visit the Website to distinguish you from other users and to improve our service to you, to make the Website more user-friendly, as well as to give you a more personalised experience.
    4.3.3 – A cookie is a small piece of data (an alphanumeric identifier) which our computer system transfers to your Access Device through your web browser when you visit the Website and which is stored in your web browser. When you visit the Website again, the cookie allows the site to recognise your browser. Cookies may store user preferences and other information.
    4.3.4 – You may disable the use of cookies by configuring your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do so, you may not be able to enjoy all of the features and functionality of the Website .
    4.3.5 – The information which we may passively collect from your Access Device may include your identifying information, contact details, Device and Device event information, site activity information, log information, location information, and any other information which you permit us, from time to time, to passively collect from your Access Device.
  5. How we use your Personal Information
    5.1 – We use the information we collect to provide, maintain, and improve the Services, to develop new services, and to protect us, our Services and our users. We constantly strive to improve our users’ experience, and so we also use the information we collect in order to offer you more relevant information and Content.
    5.2 -We may use your Personal Information to:
    5.2.1 – to retain and make available to you information on the Website;
    5.2.2 – to establish and verify your identity on the Website;
    5.2.3 – fulfil your requests for certain Services;
    5.2.4 – diagnose and deal with technical issues and support queries and other user queries, such as problems with our server, determine the optimal and fastest route for your Access Device to use in connecting with the Website, and administer, maintain and secure the Website;
    5.2.5 – detect, prevent or deal with actual or alleged fraud, security or the abuse, misuse or unauthorised use of the Website and/or contravention of this Privacy Policy;
    5.2.6 – provide you with the latest information about our Services (including via our Newsletters), subject to your communications preferences;
    5.2.7 – to communicate with you and maintain records of our communications with you, including to inform you about any changes to the Website, our Services, our Terms, this Privacy Policy or other changes that are relevant to you;
    5.2.8 – compile non-personal statistical information about browsing habits, click patterns and access to the Website;
    5.2.9 – improve the Website, analyse trends and administer the Website, including requesting feedback on Content and the Services;
    5.2.10 – fulfil any contractual obligations we may have to you or any third party;
    5.2.11 – improve your user experience and the overall quality of our Services;
    5.2.12 – for security, administrative and legal purposes;
    5.2.13 – if you are a Member, create your Membership Account and to ensure that we do not duplicate an existing user account on the Website; and
    5.2.14 – other activities not specifically mentioned which are lawful, reasonable, relevant to our business activities and the minimum necessary and adequate in order for us to provide the Website and our Services.
    5.3 – In certain circumstances and subject to your preferences as indicated when you provide the relevant Personal Information, you agree that we may also make your Personal Information available to our affiliates, members, or strategic/industry partners (“Partners”) for them to use for [providing you with the latest information about their services]. Such use by a Partner shall be in accordance with this Privacy Policy, to the extent applicable.
  6. Sharing of Personal Information
    6.1 – We will not intentionally disclose any of your Personal Information to third parties, except (i) when we have your permission to do so (as we do in respect of Partners in terms of paragraph 3 and in respect of the circumstances set out in paragraph 6.2), (ii) for the purposes of our legitimate business interests, or (iii) where we are required to do so in terms of applicable law or regulation.
    6.2 – You agree that your Personal Information may be shared under the following circumstances:
    6.2.1 – with affiliates, agents, advisers, service providers and suppliers which have agreed to be bound by this Privacy Policy;
    6.2.2 – with our employees, contractors and agents if and to the extent that they need to know that information in order to process it for us and/or to provide services for or to us, such as site hosting, development and administration, technical support, marketing services and other support services;
    6.2.3 – in order to enforce or apply our Terms or any other contract between you and us;
    6.2.4 – in order to protect our rights, property or safety or that of other users, employees, contractors, agents and any other third party;
    6.2.5 – in order to mitigate any actual or reasonably perceived risk to us, other users, employees, contractors, agents or any other third party; and
    6.2.6 – with governmental agencies, exchanges and other regulatory or self-regulatory bodies if we are required to do so by law or if we reasonably believe that such action is necessary.
    6.3 – We may use your Personal Information to compile profiles for statistical purposes, provided that the profiles or statistical data cannot be linked back to you by a third party.
    6.4 – We will get your permission before disclosing your Personal Information to any third party for any other purpose.
  7. Storage and transfer of your Personal Information
    7.1 – We store your Personal Information on our servers and/or on third party servers.
    7.2 – We reserve the right to transfer to and/or store your Personal Information on servers in a jurisdiction other than where it was collected, and such jurisdiction may not have comparable data protection legislation.
    7.3 – If the location that Personal Information is transferred to does not have substantially similar laws which provide for the protection of Personal Information, we will take reasonably practicable steps to ensure that your Personal Information is adequately protected in that jurisdiction.
  8. Security
    8.1 – Although absolute security cannot be guaranteed on the Internet, we take reasonable technical and organisational security measures to protect your Personal Information against accidental or intentional manipulation, loss, misuse, destruction or against unauthorised disclosure or access to the information we Process online.
    8.2 – While we cannot ensure or warrant the security of any Personal Information you provide us, we will continue to maintain and improve these security measures over time in line with legal and technological developments.
    8.3 – We will take reasonable, practicable steps to ensure that the persons to whom your Personal Information may be disclosed in terms of this Privacy Policy have implemented, and maintain, the appropriate technical and organisational measures aimed at preventing unauthorised access to, or disclosure of your Personal Information.
    Paragraph 8 has important legal consequences for you which:
    excludes or limits The Vaal Meander’s legal responsibilities;
    limits or excludes rights and claims you have against The Vaal Meander; and
    places legal responsibilities and liabilities and risks on you.
    You know and accept that the Internet is not absolutely secure and there is a risk that your Personal Information will not be secure when transmitting over the Internet. We do not promise that we can keep your Personal Information completely secure over the Internet. You also know and accept that we do not promise the complete security of your Personal Information. You will not be able to take action against us if you suffer losses or damages in these circumstances.
  9. Retention of your Personal Information
    9.1 – We may retain all Personal Information that we collect from you so long as it remains necessary for the purposes for which it was collected unless there is a valid technical, legal or business reason for us to delete, destroy or de-identify it.
    9.2 – Further, we may keep some of your Personal Information for as long as we are required by law, a code of conduct or we reasonably need it for lawful purposes related to our functions and activities; we reasonably need it for evidentiary purposes or you agree to us keeping it for a specific period.
  10. Keeping your Personal Information updated and correct
    10.1 – To the extent required by law, we will take steps to ensure that your Personal Information is accurate, complete, not misleading, and up to date having regard to the purpose for which the information was collected or used.
    10.2 – You must let us know if you believe any information we have about you is incorrect, incomplete, misleading or out of date, by notifying us at the contact details set out in paragraph 16
    10.3 – You may request that your Personal Information be deleted if it is no longer required for the purposes for which it was collected or required by us in terms of any applicable law.
  11. Third party sites
    11.1 – We are not responsible for the privacy practices of a third party site to which there may be a link on the Website, and/or any Content on the Website.
    11.12 – We advise you to read the terms and conditions, as well as the privacy policy of each site which you visit and to determine your privacy settings in accordance with your personal preferences.
    Paragraph 11 has important legal consequences for you. It:
    excludes or limits The Vaal Meander’s legal responsibilities;
    limits or excludes any rights you have against The Vaal Meander; and
    places legal responsibilities, liabilities, and risks on you.
    The Vaal Meander is not liable if you suffer losses or damages when visiting another third party, including Member, website by following a link to that website from the Website. You accept that there may be risks when you use such third party, including Member, websites and you do so at your own risk.
  12. Direct marketing
    12.1 – When you use the Website, and/or the Services you may receive marketing communications from us.
    12.2 – You may refuse to accept, require us to discontinue, or pre-emptively block any approach or communications from us if that approach or communication is primarily for the purpose of direct marketing (“direct marketing communications”).
    12.3 – You may opt out of receiving direct marketing communications from us at any time by requesting us (in any manner, whether telephonically, electronically, in writing or in person) to desist from initiating any direct marketing to you.
    12.4 – If you have opted-out, we may send you written (which may include electronic writing) confirmation of receipt of your opt-out request, and not send you any further direct marketing communications.
    12.5 – You may (in terms of the Consumer Protection Act, 2008) register a pre-emptive block against direct marketing communications. If you do so, we will not send you direct marketing communications unless you have expressly consented to receiving direct marketing communications from us.
  13. Changes to this Privacy Policy
    13.1 – We change this Privacy Policy from time to time.
    13.2 – You agree to review the Privacy Policy whenever you visit the Website for any amendments. Save as expressly provided to the contrary in this Privacy Policy, the amended version of the Privacy Policy shall supersede and replace all previous versions thereof.
    13.3 – We will not use or disclose Personal Information provided to us pursuant to this Privacy Policy in ways other than the ones contemplated above, without informing you and providing you with the opportunity to consent to such modified conditions concerning the use and disclosure of your Personal Information.
  14. CPA, POPI and other laws
    14.1 – If this Privacy Policy or any provision in this Privacy Policy is regulated by or subject to the Consumer Protection Act, 68 of 2008 (“Consumer Protection Act”) the Protection of Personal Information Act, 4 of 2013 (“POPI”) or other laws, it is not intended that any provision of this Privacy Policy contravenes any provision of the Consumer Protection Act, POPI or such other laws. Therefore all provisions of this Privacy Policy must be treated as being qualified, to the extent necessary, to ensure that the provisions of the Consumer Protection Act, POPI and such other laws are complied with.
    14.2 – No provision of this Privacy Policy:
    14.2.1 – does or purports to limit or exempt us from any liability (including, without limitation, for any loss directly or indirectly attributable to our gross negligence or willful default or that of any other person acting for or controlled by us) to the extent that the law does not allow such a limitation or exemption;
    14.2.2 – requires you to assume risk or liability for the kind of liability or loss, to the extent that the law does not allow such an assumption of risk or liability; or
    14.2.3 – limits or excludes any warranties or obligations which are implied into this Privacy Policy by the Consumer Protection Act (to the extent applicable), POPI (to the extent applicable), or other applicable laws or which we give under the Consumer Protection Act (to the extent applicable), POPI (to the extent applicable), or other applicable laws, to the extent that the law does not allow them to be limited or excluded.
  15. Governing law
    15.1 – The contents of this Privacy Policy shall be governed by South African law.
    15.2 – If any provision of this Privacy Policy is judged to be illegal, void or unenforceable due to applicable law or by order of a court of competent jurisdiction it shall be deemed deleted and the continuation in full force and effect of the remainder of the provisions will not be prejudiced unless a court of competent jurisdiction determines that the substantive purpose of this Privacy Policy is then frustrated, in which case, you may contact The Vaal Meander at the address contemplated in paragraph 16 below in order to opt-out of the Privacy Policy

How can I contact The Vaal Meander?
If you have any questions, queries or wish to request permission to use any part of the Website, including linking, framing, searching, please contact us at: 35 Ring Road, Three Rivers, Vereeniging, 1930. Contact information 016 423 2631/2229, Email address

 

Terms & Conditions

Introduction

  • These terms and conditions govern your use of our website, Vaalio.co.za
  • By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
  • If you register with our website, submit any material to our website or use any of our website services, we will ask you to expressly agree to these terms and conditions.
  • Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy and cookies policy.
  • License to use website

2.1  You may:

  • View pages from our website in a web browser;
  • Download pages from our website for caching in a web browser
  • Print pages from our website
  • Stream audio and video files from our website; and
  • Use our website services by means of a web browser, subject to the other provisions of these terms and conditions.

2.2  Except as expressly permitted by Section 2.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.

2.3  You may only use our website for your own personal and business purposes, and you must not use our website for any other purposes.

2.4  Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.

  • Unless you own or control the relevant rights in the material you must not:
  • republish material from our website (including republication on another website);
  • sell, rent or sub-license material from our website;
  • show any material from our website in public;
  • exploit material from our website for a commercial purpose; or
  • redistribute material from our website.
  • Notwithstanding Section 2.5, you may redistribute our newsletter in print and electronic form to any person.
  • We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
  • Acceptable use
  • You must not:
  • use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
  • use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, fraudulent or harmful purpose or activity;
  • use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
  • conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
  • access or otherwise interact with our website using any robot, spider or other automated means;
  • violate the directives set out in the robots.txt file for our website; or
  • use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
  • You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.
  • Use on behalf of organization

4.1  If you use our website or expressly agree to these terms and conditions in the course of a business or other organizational project, then by so doing you bind both:

(a)  yourself; and                                                                                                                                                   

(b)  the person, company or other legal entity that operates that business or organizational project, to these terms and conditions, and in these circumstances references to “you” in these terms and conditions are to both the individual user and the relevant person, company or legal entity (unless the context requires otherwise)

  • Registration and accounts

5.1  To be eligible for an individual account on our website under this Section 5, you must be at least 18 years of age and a resident in the Republic of South Africa.

  • You may register for an account with our website by completing and submitting the account registration form on our website, and clicking on the verification link in the email that the website will send to you.
  • You must notify us in writing immediately if you become aware of any unauthorized use of your account.
  • You must not use any other person’s account to access the website, unless you have that person’s express permission to do so.
  • User IDs and passwords

6.1  If you register for an account with our website, you will be asked to choose a user ID and password.

6.2  Your user ID must not be misleading and must comply with the content rules set out in Section 15; you must not use your account or user ID for or in connection with the impersonation of any person.

6.3  You must keep your password confidential.

6.4  You must notify us in writing immediately if you become aware of any disclosure of your password.

6.5  You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

7.    Cancellation and suspension of account

7.1  We may:

(a)  suspend your account;

(b)  cancel you account; and/or

(c)   edit your account details,

At any time in our sole discretion without explanation or notice, providing that we cancel any services you have paid for and you have not breached these terms and conditions, we will refund to you a pro rata amount of your payment, such amount to be calculated by us using any reasonable methodology.

7.2  You may cancel your account on our website using your account control panel.  You will not be entitled to any refund if you cancel your account in accordance with this Section 7.2

8.    Directory

8.1  We welcome listings to the directories published on our website.

8.2  Each listing to our directories must be in respect of the directory subject matter.

8.3  To avoid doubt, your directory listing constitute “your account” for the purposes of Section 13 and Section 14 and must comply with the acceptable use rules set out in Section 3.

8.4  You must keep your directory submissions up to date using our website interface.

8.5  We will not be liable for any content that is not up to date as we used a historical data base.  It is your responsibility to keep your listing content updated.

9.    Free directory listings

9.1  You may submit a free listing to our directory by following this process:

(a)  create an account and await approval from us via email

(b)  submit business details and await approval for the listing via email from us

9.2  If we accept your free directory listing submission, it will remain published on our website, subject to termination or deletion in accordance with these terms and conditions.

9.3  We may delete a free directory listing at any time, with or without notice to you.

10.  Paid directory listings

10.1 You may submit a paid listing to our directory by following this process: Selecting the   appropriate listing product and making a successful payment upon receiving your invoice via email. Upon receiving your payment in full, your listing will be activated on our website and you will be notified via email.

10.2  Paid submissions include the benefits listed in the package details as set out on our website.

10.3  You will be able to change your information on you listing from your dashboard once you have logged in as a business.

10.4  If we activate a paid submission, it will remain published on our website for the term specified in the directory product you chose before, subject to termination or deletion in accordance with these terms and conditions.

10.5  We may delete a paid directory listing at any time, providing that if we delete a paid listing in accordance with this Section 10.5 before the end of the period in respect of which listing fees have been paid, we will refund to you a pro-rated portion of those listing fees reflecting the unexpired listing period, such amount to be calculated by us using any reasonable methodology.

11.    Prohibited directory listings

11.1  Without prejudice to our other rights under these terms and conditions, we reserve the right to reject or delete listings that breach these terms and conditions, or that do not meet the additional guidelines for listings published on our website.

11.2  If we reject or delete a listing in accordance with this Section 11, we will not refund any applicable charges

12.  Fees

12.1  The fees in respect of our website services will be as set out on the website from time to time

12.2  All amounts stated in these terms and conditions or on our website are stated inclusive of VAT.

12.3  You must pay to us the fees in respect of your chosen services in advance, in cleared funds, in        accordance with any instructions on our website.

12.4  We may vary fees from time to time by posting new fees on our website, but this will not affect                  fees for services that have been previously paid.

12.5  If you dispute any payment made to us, you must contact us immediately and provide full               details of your claim.

12.6  If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of our written request:

(a)    an amount equal to the amount of the charge-back;

(b)    all third party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);

(c)     all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Section 12.6 (including without limitation legal fees and debt collection fees),

12.7  If you owe us any amount under or relating to these terms and conditions, we may suspend or withdraw the provision of services to you.

13.    Your content: license

13.1  In these terms and conditions, “your content” means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.

13.2  You grant to us a worldwide, irrevocable non-exclusive, royalty-free license to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media/reproduce, store and publish your content on and in relation to this website and any successor website / reproduce, store and, with your specific consent, publish your content on and in relation to this website.

13.3  You grant to us the right to sub-license the rights licensed under Section 13.2.

13.4  You grant to us the right to bring an action for infringement of the rights licensed under Section 13.2.

13.5  You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.

13.6  You may edit your content to the extent permitted using the editing functionality made available on our website.

13.7  Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.

13.8  We will

14.    Your content: rules

14.1  You warrant and represent that your content will comply with these terms and conditions.

14.2  Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal actions against any person (in each case in any jurisdiction and under any applicable law).

14.3  Your content, and the use of your content by us in accordance with these terms and conditions, must not:

(a)    be libelous or maliciously false;

(b)    be obscene or indecent:

(c)     infringe any copyright, moral right, database right, trademark right, design right, right in passing off, or other intellectual property right;

(d)    infringe any right of confidence, right of privacy or right under data protection legislation;

(e)    constitute negligent advice or contain any negligent statement;

(f)     constitute and incitement to commit a crime, [instructions for the commission of a crime or the promotion of criminal activity];

(g)    be in contempt of any court, or in breach of any court order;

(h)    be in breach of racial or religious hatred or discrimination legistlation;

(i)      be blasphemous;

(j)     be in breach of official secrets legislation;

(k)    be in breach of any contractual obligation owed to any person;

(l)      depict violence, in an explicit, graphic or gratuitous manner;

(m)   be pornographic, lewd, suggestive or sexually explicit;

(n)    be untrue, false, inaccurate or misleading;

(o)    consist of or contain any instruction, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;

(p)    constitute spam;

(q)    be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or

(r)     cause annoyance, inconvenience or needless anxiety to any person.

14.4  Your content must be appropriate, civil and tasteful, and accord with generally accepted standards of etiquette and behavior on the internet.

14.5  You must not use our website to link to any website or web page consisting of or containing material that would, were it posted on our website, breach the provision of these terms and conditions.

14.6  You must not submit to our website any material that is or has ever been subject of any threatened or actual proceedings or other similar complaint.

15.    Report abuse

15.1  If you learn of any unlawful material or activity on our website, or any material or activity that breaches these terms and conditions, please let us know.

15.2  Let us know by email or by using our contact us form.

16.    Limited warranties

16.1  We do not warrant or represent:

(a)    the completeness or accuracy of the information published on our website;

(b)    that the material on the website is up to date; or

(c)     that the website or any service on the website will remain available.

16.2  We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent that these terms and conditions expressly provide otherwise, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

16.3  To the maximum extent permitted by applicable law and subject to Section 17.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.

17.    Limitations and exclusions of liability

17.1  Nothing in these terms and conditions will:

(a)    limit or exclude any liability for fraud or fraudulent misrepresentation;

(b)    limit any liabilities in any way that is not permitted under applicable law; or

(d)    exclude any liabilities that may not be excluded under applicable law.

17.2  The limitations and exclusions of liability set out in this Section 17 and elsewhere in these terms and conditions:

(a)    are subject to Section 17.1; and

(b)    govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

17.3  To the extent that our website and the information and service on our website are provided free of charge, we will not be liable for any loss or damage of any nature.

17.4  We will not be liable to you in respect of any losses arising out of any events beyond our reasonable control.

17.5  We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

17.6  We will not be liable to you in respect of any loss or corruption of any date, database or software.

17.7  We will not be liable to you in respect of any special, indirect or consequential loss or damage.

17.8  You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

18.    Indemnity

18.1  You hereby indemnify us, and undertake to keep us indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of:

(a)    any breach by you of any provision of these terms and conditions; or

(b)    your use of our website

19.    Breaches of these terms and conditions

19.1  Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

(a)    send you one or more formal warnings;

(b)    temporarily suspend you access to our website;

          (c)     permanently prohibit you from accessing our website;

(d)    block computers using your IP address from accessing our website;

(e)    contact any or all your internet service providers and request that they block your access to our website;

(f)     commence legal action against you, whether for breach of contract or otherwise; and/or

(g)    suspend or delete your account on our website

19.2  Where we suspend or prohibit or block you access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

20.    Third party websites

20.1  Our website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.

20.2  We have no control over third party website and their contents, and subject to Section 17.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.

21.    Competitions

21.1  From time to time we may run competitions, free prize draws and/or other promotions on our website.

21.2  Competitions will be subject to separate terms and conditions (which we will make available to you are appropriate).

22.    Variation

22.1  We may revise these terms and conditions from time to time.

22.2  The revised terms and conditions will apply to the use of our website from the date of their publication on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of the terms and conditions.

23.    Assignment

23.1  You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.

23.2  You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

24.    Severability

24.1  If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

24.2  If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

25.    Third party rights

25.1  These terms and conditions are for our benefit and your benefit, and are not intended to benefit or be enforceable by any third party.

25.2  The exercise of the parties’ rights under these terms and conditions is not subject to the consent of any third party.

26.    Entire agreement

26.1  Subject to Section 17.1, these terms and conditions, together with our privacy and cookies policy, constitute the entire agreement between you and us in relation to your use of our website and supersede all previous agreements between you and us in relation to your use of our website.

27.    Law and jurisdiction

27.1  These terms and conditions shall be governed by and construed in accordance with South African Law.

27.2  Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of the Republic of South Africa.

28.    Statutory and regulatory disclosures

28.1  We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.

28.2  These terms and conditions are available in the English language only.

28.3  Our VAT number is 4200217257

29.    Our details

29.1  This website is owned and operated by The Vaal Meander t/a Vaal Info

29.2  We are registered in The Republic of South Africa under registration number CK2001/082067/23, and our registered office is in Vereeniging, Gauteng.

29.3  Our principle place of business is at Vereeniging, Gauteng.

29.4  You can contact us in writing by using our website contact form or by telephone on 016 423 2631/2229

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