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IMPORTANT NOTICE: In terms of Section 49 of the Consumer Protection Act 86 of 2009, the Participant's attention is specifically drawn to all the underlined clauses as well as all the clauses printed in bold which, amongst others:
(a) contains a limitation of risk or liability of the Promoter and/or the Promoter's Group;
(b) constitutes an assumption of risk or liability by the Participant;
(c) constitutes an indemnification of the Promoter and/or the Promoter's Group,
(d) or is an acknowledgement of fact by the Participant.
1. This promotional competition (“the Competition”) is organised and conducted by LANCEWOOD HOLDINGS, a division of Libstar Operations (Pty) Ltd with registration number 2014/062496/07 (“the Promoter”).
2. The winner will win an all-expenses paid trip to The USAs Best Theme Park (one theme park) to the maximum value of R150 000 (One Hundred and Fifty Thousand Rand), for four (4) people as described in these terms and conditions, which contains certain restrictions on the prize ('the prize').
3. By entering this Competition, the entrant ('the Participant'):
a. confirms that he/she is the registered owner of the cell phone number used to enter the Competition;
b. confirms that he/she is eligible in terms of these terms and conditions to enter the Competition; and
c. agree that he/she is bound by these terms and conditions.
4. All information relating to this Competition, including such information as published on promotional material ('other Competition Information'), shall be subject to these terms and conditions the provisions of which shall prevail in the event of any conflict with the provisions of other Competition Information.
5. The competition will start on 28 August 2017 and will end on 31 October 2017 ('the Closing Date'). All entries received after midnight on the Closing Date will be invalid and will not be considered.
The competition is open to all residents of the Republic of South Africa who are
a. 18 years and older; and
b. in possession of a valid South African identity document
except for the following residents who are not eligible to participate in the Competition:
c. directors, members, partners, employees or agents of, or consultants to, the Promoter;
d. the spouse, life partner, parent, child, brother, sister, business partner or associate of any of the persons specified in 6(c) above;
e. marketing service providers in respect of this Competition;
f. anyone who directly or indirectly controls, or is controlled by, the Promoter; or
g. anyone who is a supplier of goods or services in connection with the Competition.
For the avoidance of doubt this Competition is only open for entry by natural persons.
7. To enter, buy any Lancewood Full Cream Cheese Spread (Cheddar or Sweetmilk) product containing a reference to this Competition ("the Competition Products") and SMS ‘LANCEWOOD’ and your name to 32323 ("entry/entries"). Standard SMS rates apply. Free SMSes do not apply.
8. Only one entry per Competition Product purchased is allowed and Participants will be obliged to prove that they have purchased the same number of Competition Products as the number of entries made by them. Accordingly, Participants must keep all receipts (or till slips/tax invoices) as proof of purchase. Failure to comply with these terms and conditions will result in the Participant's disqualification.
Entries are limited to 10 (Ten) per day per Participant and failure to comply with this limitation will result in a Participant's disqualification from the Competition.
10. Incomplete entries or entries which are otherwise in breach of these terms and conditions or contain inappropriate material will not be eligible to be considered in the Competition.
11. Automated entries (made by including but not limited to any form of automatic entry service or any type of software program) are prohibited and such entries as well as the Participants on whose behalf it was made will be disqualified.
12. After the Closing Date 1 (one) winner will be selected at random from all the valid entries by way of a draw conducted by the Promoter or a person appointed by the Promoter, together with an independent auditor as selected by the Promoter, which draw will take place on or before 15 November 2017. The draw will be made by means of using a computer generated draw utilising a random algorithm.
13. The Promoter will contact the winner telephonically by 22 November 2017 using the telephone number used by the winner in his/her winning SMS entry. Six attempts will be made to contact the winner during business hours over the course of no more than 2 (two) business days. If the winner cannot, for any reason whatsoever, be reached by the Promoter during these 6 attempts, the winner will be disqualified and the prize will be forfeited back to the Promoter for a redraw and another winner will be selected and contacted by the Promoter subject to the same terms and conditions.
14. Ownership of the prize will only pass to the winner once his/her personal information (including without limitation a certified copy of the Participant's identity document), his/her compliance with these terms and conditions, and the details of the prize (including the allocation of the prize funds to the different components of the prize as set out in clauses 15(a) to 15(c)) have been verified and confirmed by the Promoter. Prizes will only be handed or paid directly to the winner in person.
15. The prize consists of the following:
a. return flights to the United States of America for four (4) people;
b. visa costs, passport costs, accommodation, meals, travel insurance, transfers for four people. Travel will be subject to the winner meeting the travel requirements of a United States visa. If unsuccessful in this application, the winner will forfeit the prize.
c. spending money (at the discretion of the Promoter) for use at the USA’s best theme park
provided that the total value of the prize will never exceed R150 000.00 ('the prize funds'), that the allocation of prize funds to the expenses and costs listed in 15(a) to 15(c) will at all times be within the sole and absolute discretion of the Promoter, that the prize will be redeemed and the trip will take place between 1 January 2018 and 31 May 2018, 1 October 2018 and 30 November 2018 and that these terms and conditions are adhered to by the winner and any other person nominated by him/her to use the prize with him/her or in his/her place ('the Participant's Nominees'). The Promoter will confirm the allocation of the prize funds as soon as possible after the selection of the winner and the finalisation of the travel arrangements.
16. Any costs or expenses incurred in respect of items not specifically included in the prize are for the winner and/or the Participant's Nominees' own account. The Promoter and its associates will not be responsible for any costs or expenses which the winner and/or the Participant's Nominees' may incur directly or indirectly as a result of the winner's acceptance and/or use of the prize, whether foreseen or not.
17. For the avoidance of doubt the winner and/or the Participant's Nominees will be liable for any taxes, duties, levies or other charges which may be levied on the prize, or any part thereof, by any government or any other competent government or regulatory body ('taxes and duties'). It is specifically recorded that the Promoter will not be obliged to increase the value of the prize to compensate for such taxes and duties and that it shall not be the Promoter's responsibility to establish whether any taxes or duties will be payable.
18. The prize (including any part thereof) is transferrable to any person nominated by the winning Participant ('the Transferee') provided that the Transferee is a South African residents, is able to provide the Promoter with a certified copy of his/her personal identity document, signs a document confirming that he will adhere to the applicable Competition terms and conditions (as if he was the winner) and that the Promoter has received written confirmation (inclusive of such supporting documents as required by the Promoter in its sole discretion) of compliance with this clause.
19. The prize may not be deferred, changed or exchanged for cash or any other item by either the Participant, the Transferee or the Participant's Nominees.
20. The actual prize, or parts thereof, may differ from details of the prize (including any graphic depictions thereof), if any, shown during the promotion of the Competition as such details are only meant to be a representation of the prize, the details of which are set out in these terms and conditions.
21. The Promoter reserves the right to:
a. disqualify any entries without notice which do not comply with these terms and conditions, including any late, incomplete, misdirected, lost or invalid entries;
b. disqualify any Participant without notice from participating in this Competition if such Participant do not meet the qualification criteria set out in these terms and conditions or if such Participant has provided false information or have otherwise acted unethically;
c. substitute the prize with another of similar (R 150 000.00) or greater commercial value;
d. disqualify any winner, or claim the value of the prize back from any winner, who has been found to have manipulated the entries or the results of this Competition;
e. modify, terminate or suspend this Competition, or to extend or resume the entry period, without advance notice, in the event of technical, legal or other difficulties (including any suspicion that Participants have been providing false information or that the entries or results of the Competition have been manipulated) that is reasonably beyond the Promoter's control and might compromise the Competition's integrity to such an extent that the Promoter cannot be guaranteed that the Competition can be carried out fairly and correctly, in which event the Participants herewith agree to waive any rights which they may have against the Promoter in terms of this Competition;
f. require the winner and/or the Participant's Nominees to sign a written release before the release of any prize which release may record certain of these terms and conditions, including but not limited to an acknowledgement of the receipt of the prize in accordance with these terms and conditions and confirmation that the Promoter will not be liable for any additional costs and expenses as set out herein;
g. require the parents or legal guardians of the Participant's Nominees who are minors, to sign the documentation referred to in 21(f) on behalf of such minors and to give such consents and sign such other documentation as is necessary to enable the minors to utilize the prize; h. to request such information as necessary to enable the Promoter to verify the identity and eligibility of any Participant and disqualify any Participant who cannot provide such information; and
i. communicate with Participants at any time during and after the Competition provided that the Participants may at any time opt out of receiving such communication from the Promoter.
22. The Promoter's decision with regard to the exercise of any of its rights in 21 (a) to 21 (i) is final. The disqualification of a Participant for any reason as set out in these terms and conditions shall lead to the disqualification of all the entries made by such a Participant and the disqualification of a winner shall lead to the forfeiture of the prize back to the Promoter for a redraw in terms of clause 13 above, provided that there shall not be a redraw should a winner be disqualified after 31 December 2017 in which case the prize shall simply be forfeited to the Promoter.
23. For the purposes of this clause the "the Promoter's Group" shall means the Promoter and all of its respective advertising, media and PR agencies, associated companies, agents, contractors and other trading partners, as well as all of the aforementioned entities' directors, shareholders, members, subcontractors, employees, agents and other representatives, or any one or more of these entities or individuals, as the circumstances require.
24. The Promoter arranged this Competition in good faith and none of the entities, persons or associations in the Promoter's Group shall be liable in any way whatsoever for any direct, special, indirect, or consequential damages or costs, howsoever arising, suffered by the Participant and travel companions and company (guests) or the Participant's Nominees and travel companions as a direct or indirect result of participating in the Competition or using the prize awarded.
25. Each Participant hereby indemnify and hold the Promoter's Group harmless against any and all claims, loss, liability, damage, costs, or expense of whatsoever nature or kind (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation, fines and reasonable attorney's fees) brought by any third party, or suffered or occurred by the Promoter's Group, arising directly or indirectly from the Participant's and travel companions participation in the Competition, including but not limited to the Participant or any one of the Participant's Nominees' and their travel companions use of the prize.
26. The Promoter's Group accepts no liability for:
a. theft or destruction or unauthorised access to, or alteration of, entries;
b. failure of any entry to be received by the Promoter due to technical problems (including without limitation a malfunction of any telephone network) as well as any delay in receipt of entries or any errors or defects in entries received by the Promoter due to technical problems; and
c. any damage to any electronic device on which a person downloads any materials related to this Competition, or form which any Participant participates in this Competition.
27. Clauses 24, 25 and 26 shall not apply to claims, damages or loss directly or indirectly attributable to wilful misconduct, gross negligence or fraud by the Promoter's Group's, including for the avoidance of doubt, any person who acts for, or is controlled by, the Promoter's Group.
28. Except where prohibited by law, the winner, by entering this competition, consent to the use of his/her name and surname by the Promoter (and its associates and advertising companies) in any public forum (including any social media forum) for purposes of promoting or publicising the Competition.
29. Subject to 28, the Promoter shall also be entitled (but not obliged) to invite the winner and the Participant's Nominees to consent to:
a. the use of their images in marketing material;
b. participating in a marketing activity; or
c. being present when the winner is announced
which invitation the winner and/or the Participant's Nominees may decline.
30. Any products resulting from the participation of the winner and/or the Participant's Nominees in any marketing activity, including without limitation any television appearance, recording, broadcasting or other form of publication ('the marketing materials') shall remain the property of the Promoter and the winner and/or the Participant's Nominees agree (by their acceptance and use of the prize) to assign all rights of whatsoever nature (including any copyright) in the marketing materials to the Promoter in perpetuity.
31. For the avoidance of doubt the winner and/or the Participant's Nominees shall not be entitled to any payment or other remuneration for their participation in any such marketing activity. 32. The parents or legal guardians of any minors participating in any marketing activities shall be obliged to consent, sign a release and assign such rights as set out in clauses 29 and 30. Personal information
33. All personal information provided to the Promoter in terms of this Competition (including the Participant's name and contact information) ('personal information') will be used solely by the Promoter's Group to enter the Participant into this Competition and for marketing purposes related to this Competition (as set out in these terms and conditions) both in South Africa and internationally. By participating in this Competition the Participant consent to the transfer, storage and processing of his/her personal information by the Promoter's Group for the above purposes. Such consent may be withdrawn by the Participant in writing at any time. Personal information shall not be shared with other third parties for purposes other than those described above. Applicable laws and severable provisions
34. The laws of the Republic of South Africa govern these terms and conditions and Participants agree to be subject to the exclusive jurisdiction of the South African courts.
35. The provisions of these terms and conditions are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. If any provision is found to be illegal or unenforceable in terms of the applicable South African law then such provision shall be disregarded (to the extent that it is so unenforceable) without affecting the validity, legality and enforceability of the remaining provisions.
36. All enquiries in connection with this Competition should be directed to the Promoter at firstname.lastname@example.org.
Effective Date: 01/06/2017
Welcome to LANCEWOOD's® website at https://www.lancewood.co.za ("our website/s" or "the LANCEWOOD® website/s"). We want you to fully understand your rights and our rights relating to your use of the website and the provisions of the Services (defined below) and ask that you please take a moment to read these terms carefully.
BY ACCESSING, BROWSING, OR USING THE SERVICES (INCLUDING WITHOUT LIMITATION UPLOADING OR DOWNLOADING ANY INFORMATION OR MATERIALS TO OR FROM THE SERVICES), OR BY SIGNING UP AND CREATING AN ACCOUNT, YOU AGREE TO AND ACCEPT THESE TOU (AS UPDATED FROM TIME TO TIME).
ACCEPTANCE OF THE TOU MEANS THAT YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY IT. Any breach of your obligations under the TOU may result in action being taken against you. Acceptance of the TOU also means that you:
b) recognise that where your subscription to the LANCEWOOD® website is obtained on your behalf by a Third Party (such as your employer), both yourself (personally) and your employer may be held liable jointly or separately for any breach of this agreement; and
c) if you use the Services on behalf of a company or entity, you herewith warrant that you have the authority to bind such company or entity to these TOU. If you do not have such authority, you may not use the Services. Depending on the context, references in these TOU to "you" are references to you as the user in your personal capacity or to the entity or company on whose behalf you are using the Services.
IF YOU DO NOT AGREE WITH THESE TOU OR ANY OTHER POLICIES, YOU MUST NOT ACCEPT THEM. IF YOU DO NOT ACCEPT THESE TOU, YOU ARE NOT AUTHORISED TO ACCESS OR USE THE SERVICES FOR ANY PURPOSE WHATSOEVER.
1.1 The TOU contain provisions which limit our exposure to risk and legal liability as well as provisions which constitutes an assumption of risk or liability on your part, including indemnification provisions and acknowledgement of facts by you by virtue of your agreement to these TOU. Certain of these provisions appear in CAPITAL LETTERS below.
1.2 The Content (defined below) available through the Service are made available to you for limited uses. Certain of these provisions appear in CAPITAL LETTERS below.
1.3 It is therefore important that you familiarise yourself with these provisions before you use the Service or the Content.
1.4 If you are not yet 18, you must obtain your parents' or legal guardians' advance authorisation, permission and consent to be bound by our TOU prior to you using our Services. If you are under 18 and fail to obtain such consent you may not access our web site, use the services or participate in the activities available via our web site.
The website is owned by LANCEWOOD® HOLDINGS, a division of Libstar Operations (Pty) Ltd, a company registered in the Republic of South Africa with registration number 2014/062496/07, which as its registered address at PO Box 9998, George 6530, South Africa and its physical address at 11 Ruby Cres, Tamsui Industria, George, 6529 ("LANCEWOOD®").
2.1 All rights and benefits afforded to LANCEWOOD® in these TOU shall be applicable to LANCEWOOD® and all of its subsidiaries and any company which is its holding company or a subsidiary of such holding company whether or not such subsidiary or holding company is incorporated in the Republic of South Africa (hereinafter collectively referred to as the "LANCEWOOD® Group Companies").
3.1 LANCEWOOD® may replace, change, modify, add to or remove portions or the whole of the TOU. Any such changes to the TOU will become effective when the changes are posted to this website. Your continued use of this website following the posting of changes or updates will be considered notice of your acceptance of the amended TOU.
4.1 Our Services are focused on providing you with information about the LANCEWOOD® Products (defined below) as well as information ancillary thereto. ACCORDINGLY LANCEWOOD® LICENSES YOU TO VIEW, DOWNLOAD, AND PRINT THE CONTENT (DEFINED BELOW) PROVIDED THAT SUCH CONTENT IS USED FOR PERSONAL, EDUCATIONAL, AND/OR NON-COMMERCIAL PURPOSES ONLY.
4.2 The Services, including our information (such as data, text, software, sound, photographs, graphics, video, messages, posts, tags or other images or materials) to which you may have access to as part of, or through, your use of the Services ('the Content") are intended for informational purposes only. We are not involved in the online sale and purchase of any goods and/or services. No monetary payment to us is required to access the Services.
4.3 This website contains information about products produced by LANCEWOOD® ('the Products") that may be available under different trademarks in different countries and may be subject to sale or use with different restrictions and indications in different countries. The website also contains references to products not produced by us ("the Non-LANCEWOOD® Products"). These references can, for instance, be found in the recipes on our website from time to time. We do not distribute or endorse and Non-LANCEWOOD® Products and our display of, or reference to such products, shall not be construed as any form of endorsement thereof. LANCEWOOD® DO NOT GUARANTEE THE ACCURACY OR CORRECTNESS OF ANY TECHNICAL, SCIENTIFIC, OR OTHER INFORMATION REGARDING THE PRODUCTS (OR THE NON-LANCEWOOD® PRODUCTS) OR ANY OTHER CONTENT AND THE USE OF SUCH INFORMATION BY YOU IS ENTIRELY AT YOUR OWN RISK AND YOU HEREBY WAIVE ANY AND ALL CLAIMS WHICH YOU MAY HAVE AGAINST US, AND INDEMNIFY US AGAINST ANY AND ALL CLAIMS FROM THIRD PARTIES, ARISING FROM THE USE OF SUCH INFORMATION.
4.4 To access and use certain of the Services, you will be required to use an account and password that can be obtained by completing the online registration process. Registration is free. You will be required to enter your username and password every time you want to use one of our subscription services. You agree that all of the data or information which you provide to us about yourself will be true, accurate and current information ("Personal Information") and you undertake to promptly update your Personal Information should it change. LANCEWOOD® reserves the right to suspend or terminate your account/subscription and refuse you current or future use of the Services if you provide Personal Information which is inaccurate or not current or if LANCEWOOD® has reasonable grounds to suspect that such information is inaccurate or not current.
4.6 You are solely responsible for maintaining the confidentiality of your password associated with your account and for restricting access to your password, your computer and/or mobile and/or other electronic device while logged into the Services. YOU ACCEPT RESPONSIBILITY FOR ALL ACTIVITIES THAT OCCUR UNDER YOUR ACCOUNT OR FROM YOUR COMPUTER AND/OR MOBILE AND/OR OTHER ELECTRONIC DEVICES.
4.7 LANCEWOOD® endeavour to use reasonable security measures to protect against unauthorized access to your account. We cannot, however, guarantee absolute security of your account, or the Personal Information you provide, and we cannot promise that our security measures will prevent third-party “hackers” from illegally accessing the Services or its contents. YOU AGREE TO IMMEDIATELY NOTIFY US OF ANY UNAUTHORIZED USE OR YOUR ACCOUNT OR PASSWORD, OR ANY OTHER BREACH OF SECURITY, AND TO ACCEPT ALL RISKS OF UNAUTHORIZED ACCESS TO YOUR PERSONAL INFORMATION.
4.8 You may register for or log-in to your account via a Third-Party network, such as Facebook or Google. If you do so, you hereby authorize LANCEWOOD® to pre-populate the registration and other relevant information fields of your account and/or to use such third-party credentials to log you into your account. IN THE EVENT THAT YOU CONNECT YOUR ACCOUNT TO A THIRD-PARTY NETWORK AS SUCH, YOU AGREE TO COMPLY WITH THE TERMS AND CONDITIONS AND POLICIES APPLICABLE TO SUCH THIRD PARTY.
4.9 By visiting https://lancewood.co.za you may:
4.9.1 deactivate your account;
4.9.2 opt out of Services which you have accepted, such as receiving our newsletter by email.
5.1 YOU MAY ONLY USE THE SERVICES IF YOU DO SO IN ACCORDANCE WITH THE TOU AND IF YOUR ACCESS HAS NOT BEEN REMOVED, CANCELLED OR SUSPENDED BY OR ON BEHALF OF LANCEWOOD.
5.2 THE SERVICES ARE FOR YOUR PERSONAL AND NON-COMMERCIAL USE. YOU MAY NOT MODIFY, COPY, DISTRIBUTE, TRANSMIT, DISPLAY, PERFORM, REPRODUCE, PUBLISH, LICENSE, CREATE DERIVATIVE WORKS FROM, TRANSFER OR SELL FOR ANY COMMERCIAL PURPOSES ANY PORTION OF THE SERVICES, USE OF THE SERVICES OR ACCESS TO CONTENT. YOU MAY NOT USE THE SERVICE, OR ASSIST OR ENCOURAGE ANY OTHER PARTY, TO ENGAGE IN ANY OF THE FOLLOWING PROHIBITED USES:
5.2.1 actions which are unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
5.2.2 actions with the purpose of harming or attempting to harm minors or any other person in any way;
5.2.3 actions which in any way breaches or infringes any other person's right to respect for their private or family life, right to prohibition from discrimination or data protection rights in terms of the Protection of Personal Information Act 4 of 2013 ("POPI");
5.2.4 to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards and / or other restrictions;
5.2.5 to transmit or procure the sending of any unsolicited advertising or promotional material or any other form of similar solicitation (spam); or
5.2.6 knowingly transmit any data, send or upload any material that contains viruses, Trojan Horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer codes designed to adversely affect the operation of any computer software or hardware.
5.2.7 removing any copyright, trademark or other proprietary rights notices contained in or on the Services;
5.2.8 uploading content or other data to the Services which is:
184.108.40.206 defamatory of any person;
220.127.116.11 obscene, offensive, hateful or inflammatory;
18.104.22.168 promote sexually explicit material, violence or any illegal activity;
22.214.171.124 promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
126.96.36.199 promote hate crimes or xenophobia;
188.8.131.52 infringe any copyright, database right, trade mark or other intellectual property right of any other person;
184.108.40.206 be likely to deceive any other person;
220.127.116.11 be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
18.104.22.168 be threatening, abuse or invade another's privacy or cause annoyance, inconvenience or needless anxiety;
22.214.171.124 be likely to harass, upset, embarrass, alarm or annoy any other person;
126.96.36.199 be used to impersonate another person, or to misrepresent your identity or affiliation with any other person;
188.8.131.52 give the impression that they emanate from LANCEWOOD®, if this is not the case; or
184.108.40.206 advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
5.4 You also agree (except as may be allowed by any applicable law which is incapable of exclusion by agreement between the parties or as expressly provided for in the TOU):
5.4.1 NOT TO ATTEMPT TO COPY, MODIFY, DUPLICATE, CREATE DERIVATIVE WORKS FROM, FRAME, MIRROR, REPUBLISH, DOWNLOAD, DISPLAY, TRANSMIT OR DISTRIBUTE ALL OR ANY PORTION OF THE SOFTWARE AND / OR DOCUMENTATION (AS APPLICABLE) MADE AVAILABLE THROUGH THE LANCEWOOD® WEBSITE AND SERVICES IN ANY FORM OR MEDIA OR BY ANY OTHER MEANS;
5.4.2 NOT TO ATTEMPT TO REVERSE COMPILE, DISASSEMBLE, REVERSE ENGINEER OR OTHERWISE REDUCE TO HUMAN-PERCEIVABLE FORM ALL OR ANY PART OF THE SOFTWARE MADE AVAILABLE THROUGH THE LANCEWOOD® WEBSITE OR SERVICES; AND
5.4.3 NOT TO ACCESS, WITHOUT AUTHORITY, INTERFERE WITH, DAMAGE OR DISRUPT:
220.127.116.11 any part of the LANCEWOOD® Services;
18.104.22.168 any equipment or network on which the LANCEWOOD® Services is stored;
22.214.171.124 any software used in the provision of the LANCEWOOD® Services;
126.96.36.199 any equipment or network or software owned or used by any third party accessed through or in connection with the LANCEWOOD® Services;
5.4.4 LICENSE, SELL, RENT, LEASE, TRANSFER, ASSIGN, DISTRIBUTE, DISPLAY, DISCLOSE OR OTHERWISE COMMERCIALLY EXPLOIT OR OTHERWISE MAKE THE LANCEWOOD® SERVICES AVAILABLE TO ANY THIRD PARTY, OR
5.4.5 ATTEMPT TO OBTAIN, OR ASSIST THIRD PARTIES IN OBTAINING, ACCESS TO THE LANCEWOOD® SERVICES WITHOUT THEM HAVING THEIR OWN CURRENT AND VALID SUBSCRIPTION.
5.5 LANCEWOOD® will determine, in its own discretion, whether there has been a breach of these TOU through your use of the LANCEWOOD® Services. Any breach of the TOU may result in LANCEWOOD® taking all or any of the following actions:
5.5.1 immediate, temporary or permanent withdrawal of your right to use any of the LANCEWOOD® Services;
5.5.2 immediate, temporary or permanent removal of Personal Information uploaded by you to any of the LANCEWOOD® Services;
5.5.3 issuing of a warning to you;
5.5.4 legal proceedings being instituted against you, the cost of which will be for your account (on an Attorney and own Client basis); and
5.5.5 DISCLOSURE OF SUCH INFORMATION TO LAW ENFORCEMENT AUTHORITIES AS LANCEWOOD® MAY DEEM TO BE NECESSARY.
6.1 Any software or applications that can be accessed through our website that are not provided by or operated by LANCEWOOD® or a member of the LANCEWOOD® Group Companies ("Third Party Applications") shall be accessed or used by you subject to the following terms:
6.1.1 LANCEWOOD® does not endorse or approve any Third Party website nor the content thereof made available via the Services;
6.1.2 YOU DO SO SOLELY AT YOUR OWN RISK AND ACKNOWLEDGE AND AGREE THAT LANCEWOOD® MAKES NO REPRESENTATION OR COMMITMENT AND SHALL HAVE NO LIABILITY OR OBLIGATION WHATSOEVER IN RELATION TO THE CONTENT OR USE OF ANY THIRD PARTY APPLICATIONS, INCLUDING WITHOUT LIMITATION ANY LIABILITY RESULTING FROM:
188.8.131.52 the loss of any data stored, communicated to or through, created using, processed by or is in any other way dealt within whole or in part using the Third Party Applications; or
184.108.40.206 any virus or harmful material that infects your computer or network as a result of using Third Party Applications.
6.1.3 any contract entered into and any transaction completed via any Third Party website is between yourself and the relevant Third Party, and not LANCEWOOD®;
6.1.4 any acts or omissions by the provider of the Third Party Applications including any use they make of any Personal Information about you); or
6.1.5 any transactions completed, and any contract entered into by you with any third party.
7.1 The TOU do not grant LANCEWOOD® any Intellectual Property Rights or other rights in your Personal Information, save in the circumstances described in clause 7.4 below or where otherwise necessary for LANCEWOOD® to operate and provide the LANCEWOOD® Services.
7.2 Intellectual Property Rights means any and all rights in the nature of intellectual property rights anywhere in the world (whether registered or unregistered) owned, possessed or controlled by a party, directly or indirectly, including, without limitation, patents, trademarks, service marks, design rights, copyright (including all copyright in any designs and computer software), source codes, moral rights, databases, trade or business names, whether capable of registration or not, but including any right to register same.
7.3 YOU ACKNOWLEDGE AND AGREE THAT LANCEWOOD® AND/OR ITS LICENSORS OWN ALL INTELLECTUAL PROPERTY RIGHTS IN THE SERVICES AND THE CONTENT. Except as expressly stated herein, these TOU do not grant you any rights, whether current or future, in the following:
7.3.1 patents, copyrights, database right, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licences in respect of the Service or the Content; or
7.3.2 any rights to the use of the LANCEWOOD® name, trademarks, domain names or brand.
7.4 You hereby grant us a non-exclusive licence in perpetuity to do and carry out the following:
7.4.1 Anything that you request LANCEWOOD® to do and carry out through the Services;
7.4.2 Any action necessary for LANCEWOOD® to comply with its obligations in the TOU, including but not limited to the backing up of LANCEWOOD® Service and the processing of your Personal Data. This permission extends to any compliance by LANCEWOOD® under agreements entered into with any Third Party that LANCEWOOD® works with to provide your access to and use of the LANCEWOOD® Services and Content.
8.1 THE LANCEWOOD® SERVICES ARE PROVIDED TO YOU FOR FREE AND ON AN "AS IS" AND "AS AVAILABLE" BASIS. RELIANCE ON AND USE OF OUR SERVICES AND CONTENT ARE THEREFORE AT YOUR OWN RISK AND UNDER NO CIRCUMSTANCES WILL WE BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE OF ANY KIND IN CONTRACT, DELICT (INCLUDING NEGLIGENCE), STATUTE OR OTHERWISE ARISING IN CONNECTION WITH YOUR RELIANCE ON OR USE OF THIS SITE OR THE CONTENT OR SERVICES PROVIDED, SAVE TO THE EXTENT THAT SUCH LIABILITY CANNOT BE EXCLUDED BY APPLICABLE LAW OR THE CONTRARY IS EXPRESSLY STATED.
8.2 ACCORDINGLY, ALL WARRANTIES, REPRESENTATIONS, CONDITIONS AND ALL OTHER TERMS OF ANY KIND WHATSOEVER IMPLIED BY STATUTE OR COMMON LAW ARE, TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW, EXCLUDED FROM THESE TOU.
8.3 LANCEWOOD® DOES NOT WARRANT THAT YOUR USE OF THE LANCEWOOD® SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; OR THAT THE INFORMATION OBTAINED BY YOU THROUGH YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS AND YOU AGREE THAT NOTHING IN THESE IS GIVING ANY WARRANTIES OF THIS SORT.
8.4 FURTHER TO THE ABOVE AND YOU AGREE THAT LANCEWOOD® SHALL NOT BE LIABLE FOR:
8.4.1 ANY ACTIONS TAKEN BY THE ADMINISTRATOR;
8.4.2 ANY ACTIONS OF PERSONS NOT ACTING FOR OR ON BEHALF OF LANCEWOOD;
8.4.3 ANY DELETIONS OF PERSONAL INFORMATION AT ANY TIME INCLUDING BUT NOT LIMITED TO FOLLOWING THE TERMINATION OR AMENDMENT TO YOUR ACCOUNT, ANY FAILURE TO STORE ANY PERSONAL INFORMATION PROPERLY OR AT ALL OR ANY DAMAGE CAUSED BY ERRORS OR OMISSIONS IN ANY INFORMATION, INSTRUCTIONS OR SCRIPTS USED BY YOU OR PROVIDED TO LANCEWOOD® BY YOU IN CONNECTION WITH THE SERVICES; OR
8.4.4 ANY ACTIONS TAKEN BY LANCEWOOD® AT YOUR DIRECTION.
8.5 THE TOU AND OTHER USER POLICIES SHALL NOT PREVENT LANCEWOOD® FROM ENTERING INTO SIMILAR AGREEMENTS WITH THIRD PARTIES, OR FROM INDEPENDENTLY DEVELOPING, USING, SELLING OR LICENCING DOCUMENTATION, PRODUCTS AND/OR SERVICES WHICH ARE SIMILAR TO THOSE PROVIDED UNDER THESE TOU AND/OR THE USER POLICIES.
9.1 YOU AGREE TO INDEMNIFY AND HOLD LANCEWOOD® AND ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES AND THIS PARTY SERVICE PROVIDERS HARMLESS FROM ANY AND ALL CLAIMS, ACTIONS, PROCEEDINGS, LOSSES, DAMAGES, LIABILITIES, EXPENSES AND COSTS (INCLUDING WITHOUT LIMITATION LEGAL COSTS ON AN ATTORNEY AND OWN CLIENT SCALE) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES AND/OR YOUR BREACH OF THE TOU AND USER POLICIES.
10.1 SUBJECT TO 10.2, LANCEWOOD® SHALL NOT BE LIABLE UNDER THE TOU FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE (INCLUDING WITHOUT LIMITATION ANY LOSS OF ANTICIPATED INCOME, PROFITS OR CONTRACTS) IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT, REGARDLESS OF WHETHER SUCH DAMAGE OR LOSS AROSE DUE TO A BREACH OF THIS AGREEMENT, IN DELICT, OR OTHERWISE, OR WHETHER IT WAS FORESEEABLE OR KNOWN.
10.2 NOTHING IN THESE TOU EXCLUDES THE LIABILITY OF LANCEWOOD® FOR LIABILITY FOR LOSS OR DAMAGE:
10.2.1 CAUSED BY ITS FRAUD OR WILFUL MISCONDUCT;
10.2.2 CAUSED BY ITS NEGLIGENCE, IN THE EVENT OF DEATH OR PERSONAL INJURY; OR
10.2.3 WHICH, AS A MATTER OF LAW, IS NOT ALLOWED TO EXCLUDE OR LIMIT IN WHICH CASE SUCH LIABILITY WILL ONLY BE EXCLUDED OR LIMITED TO SUCH AN EXTENT AS ALLOWED BY THE APPLICABLE LAWS.
11.1 These TOU (including the other User Policies), constitute the entire Agreement between the parties and supersede any previous arrangement, understanding or agreement between them relating to the subject matter they cover.
11.2 Each of the parties acknowledges and agrees that in entering into these TOU it does not rely on any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person (whether this person is a party to this Agreement or not) relating to the subject matter of these TOU, other than as expressly set out these TOU.
11.3 If any provision (or part thereof) of these TOU is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.
11.4 If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention and / or purpose of the parties.
11.5 You acknowledge that no terms at variance with the TOU shall be of any force and effect unless LANCEWOOD® has, in writing, expressly and unambiguously agreed that the terms so sought to be introduced by you shall apply.
11.6 Any failure by LANCEWOOD® to exercise or enforce any right or provision shall in no way constitute a waiver of such right or provisions.
12.1 You shall not, without the prior written consent of LANCEWOOD® assign, transfer, cede, change, sub-contract or deal in any other manner with all or any of your rights or obligations under these TOU or other User Policies.
12.2 LANCEWOOD® may at any time assign, transfer, change, sub-contract or deal in any other manner with all or any of its rights or obligations under these TOU or the User Policies.
13.1 Unless expressly stated otherwise, these TOU do not confer any other rights on any person or party (other than the parties to this TOU and, where applicable, their successors in title and permitted assigns).
14.1 This Agreement shall be interpreted and implemented in accordance with the laws of the Republic of South Africa.
We will provide support to you and answer any of your questions related to the website and our Services via the following methods:
- Email: email@example.com
- Telephone: +27 86 024 6679
Our further contact details can be obtained in the "Contact" section of this website at www.lancewood.co.za.
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