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Be part of the LANCEWOOD® family to receive our recipes and be the first to know about our new products and competitions.
1. The competition will start on Tuesday, 1 September 2020, and will end at midnight on Monday, 21 September 2020, and is open to all residents of South Africa except the employees of Lancewood Holdings (“Lancewood”) and the respective advertising, media and PR Agencies, as well as the family members, consultants, directors, associates and trading partners of such organisations and persons.
2. To enter and stand a chance of winning 1 of 3 Weber Braai Bingo hampers worth R6,500 each, consumers will be required to make 1 of the 9 Braai Bingo recipes and post a picture of the meal in the comments section of the respective competition post. The image must show the LANCEWOOD product used to make the meal (the LANCEWOOD product must be visible in the image). Entries on Facebook are only to be added to the comments section of the competition post and not via private message, Facebook Messenger, on the LANCEWOOD Facebook wall/page or this T’s and C’s note. For entries on Instagram, consumers will need to upload a picture or IG story, tag @Lancewood.co.za and use the hashtag #LancewoodBraaiBingo. The image should, as per Facebook, show the LANCEWOOD product used in order to qualify for the competition.
3. You may enter more than once, up to 9 times, by making additional recipes as featured in the Braai Bingo game. There is a maximum of 9 entries per participant. Only the recipes featured in the Braai Bingo game will be eligible/valid, provided they meet the entry criteria as described in Term 2 above.
4. There will only be 3 winners (Facebook and Instagram collectively). The first winner will be selected on the 9th of September 2020, the second winner on the 16th of September 2020 and the third and final winner will be selected on the 21st of September 2020. All entries will be considered for each of the 3 draws. The winning entry for the first and second winners will be excluded from the following draws, however any other entries from those participants will still be considered in all the draws.
5. Winners will be randomly selected using commentpicker.com, provided they meet the criteria in Term 2 above (image of the meal together with the LANCEWOOD product used to make the meal).
6. The winners will be contacted on Facebook and/or Instagram and are expected to provide his/her correct contact and delivery details upon LANCEWOOD’s request.
7. After the winner/winners have been notified, it will become their responsibility to provide their contact and delivery details within 48 hours of being notified. If they fail to do so in time, the winner/winners will forfeit their prize and LANCEWOOD has the right to select a new winner.
8. The winners will be announced on 9th, 16th and 21st of September 2020 on Facebook and/or Instagram.
9. Each prize hamper includes:
- A Q1200 Weber Gas Grill (Black) valued at R5,769
- LANCEWOOD® Cooler Bag
- LANCEWOOD® Lunchbox
- LANCEWOOD® Apron
- LANCEWOOD® Roasting Tray
- LANCEWOOD Sauce Delight™ Mushroom Sauce
- LANCEWOOD Cheese Melt™ Cheesy Cheddar, BBQ and Pizza
- LANCEWOOD® No Sugar Added Low Fat Blackberry & Cherry Yoghurt
- LANCEWOOD® Double Cream Vanilla Yoghurt
- LANCEWOOD® Low Fat Choc Chip Yoghurt
- LANCEWOOD® Cheddar 300g
- LANCEWOOD® Sour Cream & Chives Dip & Top
- LANCEWOOD® Medium Fat Jalapeño & Chilli Cream Cheese
- LANCEWOOD Spread Delight™ Marmite Spread
10. The decision is final and binding, and no correspondence will be entered into. Every effort will be made to deliver the respective prizes, but due to the nature of the prizes, it may be altered at any time, without notice, at the discretion of LANCEWOOD.
11. You agree to accept the prize “as is”. Subject to applicable law, you also indemnify us against any damages that anyone may suffer as a result of the prize/s or this competition, including consequential and economic loss.
12. It is your responsibility to ensure that your personal contact and delivery details provided are complete, accurate and up to date.
13. Subject to these rules, the people’s names drawn will be the winners of the prizes, provided that they were eligible to enter into the competition in terms of clauses 1, 2, 3 and 8.
14. Any costs or expenses incurred in respect of items not specifically included in the prize are for the winner's own account. LANCEWOOD, and its associates if applicable, will not be responsible for any other expenses which the winner may incur as a result of their acceptance and/or use of a prize, whether foreseen or not.
15. The prizes are not transferable and may not be deferred, changed or exchanged for cash or any other item.
16. To the extent that any taxes, duties, levies or other charges may be levied on a prize by the State or any other competent government or regulatory body, the winner/s will be liable, therefore, and LANCEWOOD will not increase the value of the prize/s to compensate for such charges.
17. LANCEWOOD reserves the right to terminate or temporarily suspend this competition in the event of technical or other difficulties that might compromise its integrity. LANCEWOOD reserves the right to amend or change the terms and conditions of this competition, without notice.
18. Neither LANCEWOOD nor their respective advertising, media and PR agencies, nor their trading partners, shall be liable in any way whatsoever for any loss, damage or costs, howsoever arising, suffered by an entrant of the prize draw and/or participant in the prize offered.
19. The winners may be required to take part in publicity and participation in the prize draw is conditional upon agreement to take part in such publicity. The winner will not be entitled to any payment or other remuneration for any such publicity or otherwise. All and any materials, including publicity materials, will be the sole property of LANCEWOOD.
20. 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.
21. Promoter: LANCEWOOD, 1st Floor Rosenpark, 1 High Street, Bellville, Cape Town, South Africa, 7530.
IMPORTANT NOTICE: In terms of Section 49 of the Consumer Protection Act 86 of 2009, the Entrant's attention is specifically drawn to all the underlined clauses as well as all the clauses printed in bold which, amongst others:
(a) contain a limitation of risk or liability of the Promoter and/or the Promoter's Group;
(b) constitute an assumption of risk or liability by an Entrant;
(c) constitute an indemnification of the Promoter and/or the Promoter's Group, or
(d) is an acknowledgement of fact by an Entrant.
This LANCEWOOD Cheese Melt™ 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”).
From 25 August 2020 to 30 September 2020 (inclusive), midnight.
3.1 Between 25 August 2020 to 30 September 2020 (inclusive), members of the public (each an “Entrant”) may enter the Competition by replying to the LANCEWOOD® email they would have received, by sending their Name, Surname, Date of Birth and Cellphone number (together, the “Entry”) to email@example.com. Should any of these entry criteria not be provided, the entry will be disqualified.
3.2 Only one entry per person, unique to their details, will be recognized as an entry.
3.3 By providing LANCEWOOD® with your specified personal information, you agree to these terms and conditions and you agree to receiving further communication from LANCEWOOD®.
3.4 Any Entries sent after midnight on 30 September 2020 will not be accepted. The first 3000 lucky winners (that meet criteria in 3.1 above) will receive one (1) of 3000 vouchers to the value of R30, to purchase any new delicious (one) 175g tub of LANCEWOOD Cheese Melt™ (Cheesy Cheddar, BBQ or Pizza). The voucher will be issued as a wiCode voucher via sms, to the Entrants cellphone number, as supplied by the Entrant in 3.1 above.
3.5 wiCode voucher
(a) A wiCode voucher can be redeemed at selected Checkers stores nationwide, only. It must be presented to the cashier at
the till as a wiCode voucher.
(b) A wiCode voucher can only be used once – so if the full amount is not used at that time, the rest will be lost
(c) It is valid for 90 days from the day of issue (receipt of the wiCode via sms)
(d) Only valid for South African cellphone numbers
4.1 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:
i. directors, members, partners, employees or agents of, or consultants to, the Promoter;
ii. the spouse, life partner, parent, child, brother, sister, business partner or associate of any of the persons specified in 4.1 (c) above;
iii. marketing service providers in respect of this Competition;
iv. anyone who directly or indirectly controls, or is controlled by, the Promoter; or
v. 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.
4.2 By entering the Competition, the Entrant confirms that he or she is eligible to enter the Competition in accordance with these terms and
conditions (these “Terms & Conditions”) and that he or she agrees to be bound by these Terms & Conditions.
5.1. The first 3000 Entrants that meet the criteria in 3.1 will receive one of 3000 vouchers (wiCodes) to the value of R30, to purchase any new (one) 175g tub of LANCEWOOD Cheese Melt™ (Cheesy Cheddar, BBQ or Pizza) (as defined in clause 6 below).
5.2. Each of the first 3000 Entrants (each a “Winner” and collectively “the Winners”) shall be sent an SMS containing a unique wiCode voucher number to the value of R30 to purchase any new (one) 175g tub of LANCEWOOD Cheese Melt™ (Cheesy Cheddar, BBQ or Pizza).
6.1 The first 3000 Entrants shall receive a wiCode voucher to the value of R30 to purchase any new LANCEWOOD Cheese Melt™ (Cheesy Cheddar, BBQ or Pizza) at select Checkers stores nationwide.
6.2 The voucher can be redeemed by presenting the SMS containing the wiCode voucher at the till of a Checkers store, along with the tub of LANCEWOOD Cheese Melt™ (Cheesy Cheddar, BBQ or Pizza).
6.3 The Winners will have 90 days to redeem their voucher.
6.4 The voucher may not be deferred, changed or exchanged for cash or any other item by any Winner.
7.1. The Promoter reserves the right to:
a) disqualify any Entrant, without notice from participating, in the Competition if such Entrant does not meet the qualification criteria set out in
these Terms & Conditions or if such Entrant has provided false information or has otherwise acted unethically;
b) disqualify the Winner(s) and claim back the value of the voucher (or any part thereof), without notice, if such Winner(s) does not meet the qualification criteria set out in these Terms & Conditions or if such Winner has provided false information or has otherwise acted unethically;
c) amend these Terms & Conditions at any time and without advance/any notice;
d) modify, terminate or suspend the Competition without advance/any notice in the event of technical, legal or other difficulties reasonably beyond the Promoter’s control, in which case the Entrants/Winners hereby agree to waive any rights they may have against the Promoter in connection with the Competition;
e) to request such information as necessary to enable the Promoter to verify the identity and eligibility of any Entrant and to disqualify any Entrant who cannot provide such information; and
f) communicate with Entrants at any time during and after the Competition provided that the Entrants may at any time opt out of receiving such communication from the Promoter.
1. The Promoter's decision with regards to the exercise of any of its rights in this clause 7 is final. The disqualification of an Entrant for any reason as set out in these Terms and Conditions shall lead to the disqualification of all the Entries made by such an Entrant and the disqualification of a Winner shall lead to the forfeiture of the voucher back to the Promoter for a reselection.
8.1. For the purposes of this clause, the “Promoter's Group" shall mean the Promoter and all of its associated companies and their respective advertising, media and PR agencies, agents, contractors and other trading partners, as well as all of the aforementioned entities' employees, directors, shareholders, members, subcontractors, agents and other representatives.
8.2 Neither the Promoter nor any entity or natural person within the Promoter’s Group shall be liable in any way whatsoever for any direct, special, indirect, or consequential damages, injuries and costs, howsoever arising, suffered by any Entrant or Winner.
8.3 Each Entrant hereby indemnifies and holds the Promoter and 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 and/or the Promoter's Group, arising directly or indirectly from such Entrant or Winner.
8.4 The Promoter's Group accepts no liability for:
8.4.1 injury, loss or damage incurred by the Winner(s) as a result of participating in the Competition or utilising the voucher;
8.4.2 the destruction, unauthorised use or alteration of any Entry;
8.4.3 failure to receive any Entry due to technical problems; and/
8.4.4 any damage to any electronic device on which a person downloads any materials related to the Competition. /
8.5 Clauses 8.2, 8.3 and 8.4 shall not apply to claims, damages or loss directly or indirectly attributable to the wilful misconduct, gross negligence or fraud by the Promoter or any entity or natural person within the Promoter's Group.
9.1 Except where prohibited by law, the Winners consent to the use of their names, surnames and images by the Promoter (and the Promoter’s Group) in any public forum (including any social media forum) for purposes of promoting or publicising the Competition.
9.2 Any products resulting from the participation of the Winners 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 Winners agree to assign all rights of whatsoever nature (including any copyright) in the Marketing Materials to the Promoter in perpetuity.
9.3 For the avoidance of doubt, no Entrant (including the Winners) shall be entitled to any payment or other remuneration for their participation in the Competition or any marketing activity in connection with the Competition.
All personal information provided to the Promoter in terms of this Competition (including the Entrant's name and contact information) ('personal information') will be used solely by the Promoter and/or the Promoter's Group (as set out in these Terms & Conditions) both in South Africa and internationally. By participating in this Competition, the Entrants consent to the transfer, storage and processing of their personal information by the Promoter and/or the Promoter's Group for the above purposes. Such consent may be withdrawn in writing at any time. Personal information shall not be shared with other third parties for purposes other than those described above.
11.1 All information relating to the Competition, including such information as published on promotional material, shall be subject to these Terms & Conditions, the provisions of which shall prevail in the event of any conflict with the provisions of any other Competition information.
11.2 If any provision in these Terms & Conditions 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.
11.3 The laws of the Republic of South Africa shall govern these Terms & Conditions and the Entrants agree to be subject to the exclusive jurisdiction of the South African courts.
11.4 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:
22.214.171.124 defamatory of any person;
126.96.36.199 obscene, offensive, hateful or inflammatory;
188.8.131.52 promote sexually explicit material, violence or any illegal activity;
184.108.40.206 promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
220.127.116.11 promote hate crimes or xenophobia;
18.104.22.168 infringe any copyright, database right, trade mark or other intellectual property right of any other person;
22.214.171.124 be likely to deceive any other person;
126.96.36.199 be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
188.8.131.52 be threatening, abuse or invade another's privacy or cause annoyance, inconvenience or needless anxiety;
184.108.40.206 be likely to harass, upset, embarrass, alarm or annoy any other person;
220.127.116.11 be used to impersonate another person, or to misrepresent your identity or affiliation with any other person;
18.104.22.168 give the impression that they emanate from LANCEWOOD®, if this is not the case; or
22.214.171.124 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:
126.96.36.199 any part of the LANCEWOOD® Services;
188.8.131.52 any equipment or network on which the LANCEWOOD® Services is stored;
184.108.40.206 any software used in the provision of the LANCEWOOD® Services;
220.127.116.11 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 THATTerms 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:Terms
18.104.22.168 the loss of any data stored, communicated to or through, createTermsd using, processed by or is in any other way dealt within whole or in part using the Third Party Applications; or
22.214.171.124 any virus or harmful material that infects your computer or netTermswork as a result of using Third Party Applications.Terms
6.1.3 any contract entered into and any transaction completed via any TermsThird 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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