1. Service contract
KidsForAfrica is an online directory providing free public access to subscribed
businesses via the Internet. Clients using KidsForAfrica's services are subject
to compliance with the terms and conditions set forth below.
2. Cancellations of Subscriptions
Cancellation of a subscription does not release the client from paying any and
all amounts due to KidsForAfrica at the time of cancellation. Subscriptions
paid in advance are not refundable unless KidsForAfrica is in breach of these
terms and conditions.
3. Intellectual Property Protection
The contents and design of the KidsForAfrica website and any material emailed
to you or otherwise supplied to you in conjunction with the KidsForAfrica website
(such contents, design and materials being collectively referred to as "KidsForAfrica
Content"), are copyright of KidsForAfrica and the Advertisers. You may
not use or reproduce or allow anyone to use or reproduce any trademarks (such
as the KidsForAfrica name and logo or other trade names appearing on the Site)
for any reason without written permission from KidsForAfrica.
4. Use of KidsForAfrica Content
You may retrieve and display the KidsForAfrica Content on a computer screen
or print individual pages on paper (but not photocopy them) and store such pages
in electronic form on your personal computer for non-commercial use. Except
as expressly set out above, you may not reproduce, modify or in any way commercially
exploit any of the KidsForAfrica Content. In particular, but without limiting
the general application of the restrictions contained in the preceding sentence,
you may not do any of the following without prior written permission from KidsForAfrica:
reproduce or store in or transmit to any other web site, newsgroup, mailing
list, electronic bulletin board, server or other storage device connected to
a network or regularly or systematically store in electronic or print form,
all or any part of the KidsForAfrica Content, or modify, publish, transmit,
participate in the transfer or sale of, reproduce, create derivative works from,
distribute, perform, display, or in any way exploit all or any part of KidsForAFrica
Content (including use as part of any library, archive or similar service) without
the prior written consent of KidsForAfrica,
remove the copyright or trademark notice from any copies of KidsForAfrica Content
made under these Terms and Conditions. Any use of KidsForAfrica content not
specifically permitted above is expressly prohibited. Requests for permission
for other uses may be sent to the Administrator at info@KidsForAfrica.co.za.
5. Payment and Transactions
All payments must be made in advance. If your use of the KidsForAfrica website
is terminated by KidsForAfrica, you will be entitled to receive a refund of
the balance of any subscription payments. You will continue to be responsible
for any fees or other charges incurred by you prior to such termination. You
may use the KidsForAfrica website to purchase products or services from the
Advertisers on KidsForAfrica. In that event, your contract for such products
will be with the Advertiser and not with KidsForAfrica.
6. Changes to the Site
KidsForAfrica reserves the right, in its discretion, to suspend, change, modify,
add or remove portions of KidsForAfrica content available on the KidsForAfrica
website at any time and to restrict the use and accessibility of the KidsForAfrica
website.
7. Privacy Policy
The information that you provide about yourself and / or company to KidsForAfrica
will only be used for KidsForAfrica purposes and will not be placed on any other
distribution lists.
8. No Warranty, Disclaimer of Liability and
Indemnity
While every effort has been made to ensure the high quality and accuracy of
the KidsForAfrica website, KidsForAfrica makes no warranty, express or implied
concerning KidsForAfrica Content. The KidsForAfrica site, products or services
available through the KidsForAfrica website are provided "as is".
KidsForAfrica expressly disclaims all warranties, including but not limited
to warranties of fitness for a particular purpose and warranties of merchantability.
In no event will KidsForAfrica, its affiliates or other suppliers be liable
for direct, special, incidental, or consequential damages (including, without
limitation, damages for loss of business profits, business interruption, loss
of business information or other pecuniary loss) arising directly or indirectly
from the use of (or failure to use) or reliance on the KidsForAfrica website
Services, even if KidsForAfrica has been advised of the possibility that such
damages may arise. KidsForAfrica does not guarantee the accuracy, content, or
timeliness of the Advertisers Services.
9. Force Majeure
KidsForAfrica, its affiliates and its information providers will not be liable
or deemed to be in default for any delay or failure in performance or interruption
of the delivery of KidsForAfrica Content resulting directly or indirectly from
any cause or circumstance beyond its or their reasonable control, including
but not limited to failure of electronic or mechanical equipment or communication
lines, telephone or other interconnect problems, computer viruses, unauthorised
access, theft, operator errors, severe weather, earthquakes or natural disasters,
strikes or other labour problems, wars, or governmental restrictions.
10. Miscellaneous
Changes to these Terms and Conditions: KidsForAfrica may, in its discretion,
change these Terms and Conditions (including those relating to your use of the
KidsForAfrica website and/or KidsForAfrica Content). When Terms and Conditions
are changed, KidsForAfrica will notify you by email or by publishing details
of those changes by including them in these Terms and Conditions. If you use
the KidsForAfrica website after KidsForAfrica has published or notified you
of the changes, you thereby agree to be bound by those changes. If you do not
agree to be bound by those changes, you are not authorized to use the KidsForAfrica
website any further after they are published
11. Advertising, Third Party Content and other
Web Sites.
Parts of the KidsForAfrica website may contain advertising or other third party
content. Advertisers and other content providers are responsible for ensuring
that material submitted for inclusion on the KidsForAfrica website complies
with national law. KidsForAfrica is not responsible for any third party content
or error, omission or inaccuracy in any advertising material. The KidsForAfrica
website may contain links to other web sites. KidsForAfrica is not responsible
for the availability of these web sites or their contents.
12. Governing Law and Jurisdiction
These Terms shall be governed by, and construed in accordance with the laws
of South Africa. The parties irrevocably agree that the courts of South Africa
shall (subject to the paragraph below) have exclusive jurisdiction to settle
any dispute which may arise out of, under, or in connection with these Terms
and Conditions or the legal relationship established by them, and for those
purposes irrevocably submit all disputes to the jurisdiction of the South African
courts. For the exclusive benefit of KidsForAfrica, KidsForAfrica shall retain
the right to bring proceedings as to the substance of the matter in the courts
of the country of your residence or, where these Terms and Conditions are entered
into in the course of your trade or profession, the country of your principal
place of business.
13. Copyright Statement
All content within the KidsForAfrica website is protected by the South African
copyright of KidsForAfrica. Copyright law prohibits copying, re-purposing, re-transmitting
or re-distributing of any material on this site, without the prior permission
of the copyright owner. All rights reserved.
14. Disclaimer
KidsForAfrica makes every effort to ensure that the information placed on this
KidsForAfrica web site is accurate. KidsForAfrica and the employees thereof,
do not give any warranties or representation, express or implied, about the
accuracy, completeness or appropriateness of any content or material contained
within this site.
Last updated 15 July 2008.