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Website Terms and Conditions of Use: These Terms and Conditions (“the terms and conditions”) govern you (“the User”) use of the www.nightguide.co.za (“Provider”) Website located at the domain name www.nightguide.co.za (“the Website”). By accessing and using the Website, the User agrees to be bound by these terms and conditions, the User may not access, display, purchase, order, use, download and/or otherwise copy or distributes content obtained at the Website.
Updating of these Terms and Conditions: The Provider reserves the right to change, modify add to or remove portions or the whole of these terms and conditions from time to time. Changes to these terms and conditions will become effective upon such changes being posted to this Website. It is the User’s obligation to periodically check these terms and conditions at the Website for changes or updates. The User’s continued use of this Website following the posting of changes or updates will be considered notice of the User’s acceptance to abide by and be bound by these terms and conditions, including such changes or updates.
Copyright and Intellectual Property Rights: Provider provides certain information at the Website. Content currently or anticipated to be displayed at this Website is provided by Provider, its affiliates and/or subsidiary, or any other third party owners of such content, and includes but is not limited to Literary Works,
Musical Works, Artistic Works, Sound Recordings, Cinematograph Films, Sound and Television Broadcasts, Program Carrying Signals, Published Editions and Computer Programs (“the content”). All such proprietary works, and the compilation of the proprietary works, are copyright the Provider, its affiliates or subsidiary, or any other third party owner, of such rights (“the owners”) and is protected by South African and international copyright laws. The Providers reserve the right to make changes to the Website, the content, or to products and/or services offered through the Website at any times and without notice. All rights in and to the content is reserved and retained by the owners. Except as specified in these terms and conditions, the User is not granted a license or any other right including without limitation under Copyright, Trademark, Patent or other Intellectual Property Rights in or to the content.
Freedom of speech policy: Provider provides or publishes the view/s, comments, ratings, rankings, oversight or any remarks addressed to a club, pub, restaurant or any 3 rd party as a business or a person as seen and displayed on this website, under the “Freedom of Speech” policy.
Limited License to Registered Users
Registered user agreement
Limitation of Liability: The Website and all content on the Website, including any current or future offer of products or services, are provided on an “ as is” basis and may include inaccuracies or typographical errors. The owners make no warranty or representation as to the availability, accuracy or completeness of the content. Neither provider nor any holding company, affiliate or subsidiary of Provider, shall be held responsible for any direct or indirect special, consequential or other damage of any kind whatsoever suffered or incurred, related to the use of, or the inability to access or use the content or the Website or any functionality thereof, or of any linked Website, even if Provider is expressly advised thereof.
Privacy, Access To and Use of Information: Provider receives various types of information (“the information”) from Users who access the Website. Provider makes every effort to protect any information received by it. Despite such undertaking, it is possible for Internet based communications to be intercepted. Without the use of encryption, the Internet is not a secure medium and privacy cannot be ensured. Internet email is vulnerable to interception and forging. The owners will not be responsible for any damages you or any third party may suffer as a result of the transmission of confidential information that you make to the owners through the Internet, or that you expressly or implicitly authorize the owners to make, or for any errors or any changes made to the transmitted information. To ensure acquaintance with and awareness of the privacy measures and policies of Provider, the User is urged to take care to read and understand the underlying privacy clauses incorporated in these terms and conditions: -
Privacy: casual surfing: The User may visit the Website without providing any personal information. The Website servers will in such instances collect the IP address of the User computer, but not the email address or any other distinguishing information. This information is aggregated to measure the number of visits, average time spent on the Website, pages viewed etc. Provider uses this information to determine use of the Website, and to improve content thereon. Provider assumes no obligation to protect this information and may copy, distribute, or otherwise use such information without limitation.
Privacy: unsolicited information: If the user posts unsolicited content or other information (“the information”) to www.nightguide.co.za website, and unless otherwise indicated, then the User grants to the owners a non-exclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such information throughout the world in any media. The user grants to the owners the right to use the name that the User submits in connection with such information, if they choose. The User warrants that the User owns or otherwise controls all of the rights to the information that the User posts, that the information is accurate; that by the supply of the information to Provider, the User does not violate this policy and does not infringe the rights of any person or entity; and that the User indemnifies the owners for all claims resulting from the receipt by the Provider of the information the User supplies to it. Provider reserves the right but not the obligation to monitor and edit or remove any information, Where posted to public pages. Provider takes no responsibility and assumes no liability for any information posted by the User or any third party.
Privacy: unsolicited information the User gives to Provider: Provider requires certain personal information to process transactions if the User requires any of Providers products or services. Provider receives and stores all information the User enters on the Website or gives to Provider, in any other way. The User may choose not to provide certain information, but that may limit the services or products that the User may wish to obtain from this Provider. Provider provides its products and services in conjunction with its affiliates and subsidiaries. In this regard and unless specifically restricted by the User from the license below, the User grants to the owners a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such information throughout the world in any media. The User information that is required by affiliates and subsidiaries to give affect to transactions that the User chooses to enter into is shared with those entities.
Privacy: promotional information: All promotional information displayed or promotions currently running are strictly regulated by the 3 rd party that initiates the promotion, or the 3 rd party that rendered the services of www.nightguide.co.za for the marketing of that promotion. www.nightguide.co.za will and cannot be held responsible for any loss, damage, irrecoverable errors or ill promises by the 3 rd party. www.nightguide.co.za encourage promotions on this website, but dissociate themselves from promises by the parties involved by such promotions unless the promotion is initiated, and the prizes provided by www.nightguide.co.za themselves.
Sms: The user grants permission to the Provider to enter the user’s cellular number onto its SMS database, if supplied by the user, for the purpose of promotional SMS`s regarding advertising either www.nightguide.co.za or activities at Nightclubs, pubs, bars, lounges, taverns, comedy bars, restaurants, places of dining, coffee shops, or any other venue that promote, advertise or is in any other way is involved with www.nightguide.co.za as a business partner. If the user requires his or her number to be removed from this database the user may address an e-mail in this regard to info@nightguide.co.za
Numbers will never be publicly displayed or sold, exchanged or bought.
Privacy: business transfers: Provider may enter into business arrangements whereby its customer base is one of the more valued assets. In such an event, customer information will be one of the transferable assets.
Privacy: lawful purposes: When the Provider is served with due legal process requiring the delivery of personal customer information; it has the legal duty to abide by that demand, and will do so.
Privacy: surveys: Provider understands that efficiency and customer care translates to good service. Provider may periodically conduct online customer care surveys to facilitate the updating of service standards. When it conducts a survey, Provider will inform the User how the information gathered will be used, and will provide the User with the opportunity to opt out from such surveys.
Competition Rules: All competitions run on the site will be governed by the rules of the competition and the terms and conditions of this website. The decision of www.nightguide.co.za, or judges appointed by it in competitions, is final and no correspondence can be entered into. Voting is taken into consideration when such decision is reached. www.nightguide.co.za decision, or that of its judges or system administrator, in such circumstances is final and no correspondence will be entered into. The entrant grants permission to www.nightguide.co.za to use his/her photograph in advertisements relating to the competition.
Photographs: In allowing or posing for a photograph to be taken by a www.nightguide.co.za photographer a person grants permission to www.nightguide.co.za to publish on its website at www.nightguide.co.za his or her image together with any or all questions and answers from any interview. The person indemnifies www.nightguide.co.za against all expenses, costs, proceedings and liability arising directly or indirectly from the use of his/her image on the website. In the event that a person does not wish they’re photograph to appear on the website, they can, in an e-mail to info@nightguide.co.za clearly identify the photograph the date it was taken, where it was taken and themselves and request its removal
E-mail: It is a condition of membership of this site that the member agrees to receive e-mails from www.nightguide.co.za and that these e-mails may carry commercial advertising or information of sponsors or advertisers. Members may unsubscribe from the site if they do not wish to receive such e-mails, but in so doing, they lose the ability to see full versions of photographs, e-mail them to themselves, vote in competitions or read interviews.
Choice of law: The Website is controlled, operated and administrated by the Provider from its offices as set out below within the Republic of South Africa. The Providers make no representation that the content is appropriate or available for use in the locations or countries. Access to the Website from territories or countries where the content is illegal is prohibited. The User may not use this Website in violation of South African export laws and regulations. If the User accesses this Website from locations outside South Africa, that User is responsible for compliance with all local laws. The laws of the Republic of South Africa shall govern these terms and conditions, and the User consents to the jurisdiction of the Cape Town High Court in the event of any dispute. If any of the provisions of these terms and conditions are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these terms and conditions, and the remainder of these terms and conditions shall continue in full force and effect. These terms and conditions constitute the entire agreement between the Provider and the User with regard to the use of the content and this Website.
Contact Details: In the event that you need to contact Provider for purposes relating to these terms and conditions, please use the following:
Email: info@nightguide.co.za
www.nightguide.co.za
1 December 2004