1. Website Terms and Conditions of Use:
These Terms and Conditions govern your use of the website. By accessing and using the Website, You (the User) agrees to be bound by the Terms and Conditions set out hereunder. If the User does not agree to be bound by these Terms and Conditions, the User may not access, display, use, download, and/or otherwise copy or distribute any Content obtained from the Website. These Terms and Conditions become effective when the User access the site for the first time and constitute a binding agreement between Social Wave and the User. The current version of these Terms and Conditions will govern our respective rights and obligations each time you access this site.
2. Periodic changes to Terms and Conditions:
Social Wave reserves the right to, amend, change, modify, add to or remove from portions or the whole of these Terms and Conditions from time to time, at its sole discretion. Changes to these Terms and Conditions will become effective upon such changes being brought to the Website. By accessing the Website the User is bound to the version of the Terms and Conditions published here at the time of any visit to the Website. 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.
Social Wave reserves the right to make any changes to the Website, the Content, or to products and/or services offered through the Website at any time and without notice, within its sole and absolute discretion. An affidavit signed by the administrator, or his representative, will constitute proof of the date of publication and content of the current version and all previous versions of the Terms and Conditions.
3. Copyright and Intellectual Property Rights:
Social Wave provides certain information on the Website. Content currently or anticipated to be displayed at this Website is provided by Social Wave and its partners, and includes, but is not limited to, intellectual property in the form of Literary Works, Musical Works, Artistic Works, Sound Recordings, Cinematograph Films, Sound and Television Broadcasts, Program-Carrying Signals, Published Editions and Computer Programs. All such proprietary works, and the compilation of the proprietary works, are copyright of Social Wave and its partners, and is protected by South Africa’s relevant laws. Subsequently, any unauthorised copying, reproduction, retransmission, distribution, dissemination, sale, publication, broadcast or other circulation or exploitation of the Content or any component thereof will constitute an infringement of such copyright and other intellectual property rights; save that you may use the materials or any component thereof for your own internal purposes and for the purposes of ordering service/s from Social Wave .
The trademarks, whether registered or common law trade marks, displayed on the Website are the registered and unregistered Trademarks of Social Wave.The User is not granted a license to any of the intellectual property as displayed or listed on the Website, unless expressly granted in writing by Social Wave.
The User unconditionally and irrevocably indemnifies and holds Social Wave harmless against all and any loss or damages of whatsoever nature, including, but not limited to, direct, indirect, special or consequential damages, and whatsoever the cause thereof, including damages caused by, but not limited to, the failure or delay in the performance of the services offered on the Website, the use of the services offered on the Website, the Content available on the Website or any other matter, directly or ancillary, related to the User’s use of the Website, whether due to Social Wave ’s negligence or not.
5. Right to Limitation:
Social Wave reserves the right, within its sole discretion, to:
modify, suspend or discontinue the Website, whether temporarily or permanently, without notice, within its absolute and sole discretion;
impose limits or conditions, as well as restrictions, on certain services or functions of the site, as and when it deems necessary; and
restrict access to parts of or all of the services on the Website, for any reason whatsoever.
Restrict, remove, block or suspend the User and/or any of its actions whether it be based on posts having content deemed unacceptable(the meaning of unacceptability being within Social Wave’s sole discretion) including but not limited to, unacceptable language, images, religious statements and harassing material.
6. Unauthorised Searches
The User undertakes not to attempt any searches and /or attempt to gain information from the Website without Social Wave’s written consent.
7. Permission for Hyperlinks
The User may not establish a hyperlink, frame, metatag or similar indication in whatever form, to the Website or any subsidiary pages without the prior written approval of Social Wave, the consent within Social Wave’s sole discretion. A breach of this provision entitles Social Wave to take legal action without prior notice to the User.
8. External Links
Social Wave may provide external links, at its own discretion, but they are beyond the control of Social Wave and no representation is made as to their content. Use or reliance on any external links provided is at the User’s own risk. When visiting external links you must refer to that external website’s terms and conditions of use. No hypertext links shall be created from any website controlled by you or otherwise to the Website without the express prior written permission of Social Wave.
Use of the Website is entirely at the User’s own risk. The User assumes full responsibility for any loss or damage resulting from their use of the Website and their reliance on any of the Content or a part/s thereof, contained on the Website.
The Website and all Content on the Website, may include inaccuracies or typographical errors, although every reasonable precaution is taken. Social Wave grants no warranty or representation as to the availability, correctness or completeness of the Content. Neither Social Wave nor any partner of Social Wave, shall be held liable 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 Social Wave is expressly advised thereof.
Without limiting the foregoing, Social Wave will not be liable for:
any interruption, malfunction, downtime or other failure of the Website or related systems, of whatsoever nature, for whatever reason;
any loss or damage in respect of customer data or other data, directly or indirectly, caused as a result of any malfunction of the Website or related database, system or network, power failures, unlawful access to or theft of data, computer viruses or destructive code on Social Wave ’s Website or related database, system or network, programming defects or negligence; or
any event or occurrence over which Social Wave has no direct control.
10. Governing Law
These Terms and Conditions shall be governed by the laws of the Republic of South Africa and the User consents to the jurisdiction of the Transvaal Provincial Division of the High Court, in the event of any dispute. If any of the provisions of these Terms and Conditions are found to be invalid or unenforceable, that provision shall not affect the validity of the remaining provisions.
The headings of the clauses in the Terms and Conditions are provided for ease of reference and should not be used to interpret, the terms of the conditions.
If any provision is determined to be illegal or unenforceable by any court of competent jurisdiction, then such provision shall be deemed to have been deleted without affecting the remaining provisions of the Terms and Conditions.
Social Wave’s failure or delay to exercise any particular right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision, unless acknowledged and agreed to by Social Wave in writing.