Website Terms & Conditions
Banter Digital (Proprietary) Limited, Registration number 2012/171430/07 (“Banter Digital”) and you (the “User”).
WHEN YOU ACCESS, BROWSE OR USE OUR WEBSITE, YOU AGREE TO THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, OR TO ANY CHANGES WE MAY SUBSEQUENTLY MAKE, YOU MUST IMMEDIATELY STOP ACCESSING OUR WEBSITE
IMPORTANT NOTICE. These terms and conditions of use regulate access to and use of this website. Please note that these terms and conditions are valid, binding and enforceable against all persons that access and/or use Banter Digital website, web pages or any part hereof. The User is automatically bound by these terms and conditions by virtue of accessing this website. OUR TERMS AND CONDITIONS CONTAIN SPECIFIC PROVISIONS TO LIMIT OUR LIABILITY. THESE TERMS AND CONDITIONS HAVE BEEN SET OUT IN CAPITAL LETTERS. The User should pay particular attention to these terms and conditions since they limit the User’s ability to recover losses which the User may incur in connection with the use of this website. If the User is not yet 18, the User must obtain his/her parents’ or legal guardians’ prior authorisation, permission and consent to be bound by these terms and conditions of use prior to accessing our website, using any of the services on our web site or participating in any of the activities offered. If the User is under 18 and fails to obtain such consent, the User may not access our website, use the services or participate in the activities available via our website.
- Banter Digital is a below the line digital and design agency which conducts business within the Republic of South Africa. Further information regarding the business conducted by Banter Digital is to be found on Banter Digital’s home page www.bantersa.com.
- This website, the content hereof and the online services are the property of, and all proprietary rights therein, vest in Banter Digital, alternatively are licensed to Banter Digital. The User acknowledges that ownership of all intellectual property rights, including the trade marks indicated on the website (whether registered or not), vest in Banter Digital or its licensors, and that it is not authorized to use, amend or exploit any of the intellectual property rights, including the trade marks in any manner whatsoever, without the prior written consent of Banter Digital. The User furthermore acknowledges that the information and documentation contained in this website is the proprietary information and copyrighted material of Banter Digital or is licensed to Banter Digital and that no party is entitled to use or exploit in any manner whatsoever, any of the proprietary information or copyrighted material of Banter Digital without the prior written consent of Banter Digital. The User shall not, other than for his personal and non-commercial use (a) store on his computer, or print copies of extracts from this website; (b) mirror or cache information provided via this website on his own server or other computer or other storage facility of whatsoever nature; or (c) copy, adapt, modify or re-use the text or graphics from this website, without the prior written consent of Banter Digital.
No improper use or unlawful conduct
- The User hereby agrees not to use this website and services for any purpose that is unlawful, improper or prohibited by these terms and conditions. Improper actions include, but are not limited to: activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties; activities prohibited by the laws of the Republic of South Africa and/or foreign territories in which the User resides or conducts business; activities designed to encourage unlawful behavior by others; the invasion of the privacy of a third party; racially, ethnically, or otherwise objectionable behavior; and activities designed to impersonate the identity of a third party.
Use of Services
- The User agrees that it will only use this website, the information contained herein and the online services in respect of the specific purposes for which it is created. In using the website, information or online services, the User will not: (a) disrupt or interfere with any other user’s enjoyment of such services or materials or any affiliated or linked sites; (b) upload, post or otherwise transmit any viruses or other harmful, disruptive or destructive files; (c) create a false identity; (d) use or attempt to use another’s account, password, service or system without authorization from Banter Digital; (e) access or attempt to access any service or content which the User is not authorized to access; (f) disrupt or interfere with the security of, or otherwise cause harm to, any system resources, accounts, passwords, servers or networks connected to or accessible through such feature or any affiliated or linked sites; (g) conduct any surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise); (h) threaten, defame, abuse, harass, stalk or otherwise violate the legal rights (including the rights of privacy and publicity) of others; (i) publish, post, upload, distribute or disseminate any defamatory, obscene, or unlawful topic, name, material or information; (j) upload or otherwise make available files that contain images, photographs, software or other material protected by intellectual property laws, including, without limitation, copyright, trademark, patents, designs, privacy and publicity laws unless the User owns or controls the rights thereto or has received all necessary authority to do the same; (k) advertise or offer to sell or buy any goods or services for any purpose; (l) violate any laws or regulations of the Republic of South Africa or any other country applicable.
Limitation of Liability
- THE USE OF THIS WEBSITE AND ONLINE SERVICES IS AT THE USER’S OWN RISK. IN NO EVENT, INCLUDING WITHOUT LIMITATION, NEGLIGENCE, WILL BANTER DIGITAL, ITS SUBSIDIARIES, AFFILIATES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR SUPPLIERS BE LIABLE TO THE USER OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, VIRUSES, WORMS, SPAM, WHETHER OR NOT BANTER MEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THE ONLINE SERVICES, MATERIALS OR INFORMATION, THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THE ONLINE SERVICES, MATERIALS OR INFORMATION OR ANY DEALINGS WITH VENDORS OR OTHER THIRD PARTIES, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF THE USER’S TRANSMISSIONS OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE OR LOSS OF DATA, FILES OR OTHER CONTENT, ANY SERVICES AVAILABLE THROUGH THE ONLINE SERVICES OR WEBSITE THAT ARE DELAYED OR INTERRUPTED, OR ANY WEBSITE REFERENCED OR LINKED TO FROM THE ONLINE SERVICES FEATURE.
- The User hereby indemnifies and holds Banter Digital, and its subsidiaries, affiliates, officers, agents, partners, employees and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of: (a) the User’s use of the website and online services; (b) the User’s violation of these terms and conditions; or (c) the User’s violation of any law, rule or regulation or the rights of any other person or entity.
Third Party Sites and Services
- Except as expressly provided otherwise in a written agreement between the User and Banter Digital, and except for any warranty, condition, representation or term to the extent to which the same cannot or may not be excluded or limited by law applicable to the User in its jurisdiction; this website, online services, and all materials and services offered through or in association with such features, are provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement. Without limiting the foregoing, Banter Digital and its suppliers make no warranty that (a) the website, online service, other services or materials will meet the User’s requirements, (b) the website, online service, other services or materials will be uninterrupted, timely, secure, virus-free or error-free; or will be compatible with other software or applications to be used with or applied to, (c) the results that may be obtained from the use of the website, online service or other services and materials will be effective, accurate or reliable, (d) the quality of the website, online service, or any materials or other services will meet the User’s expectations and (e) any errors in any software obtained from or used through the website, online services, and materials, or any defects in the services or materials, will be corrected, or that (f) the information provided will be accurate.
Accuracy of Information
- The User understands that when using this website and online services, the User will be exposed to content from a variety of sources. The website and online services and other services and materials could include technical or other mistakes, inaccuracies or typographical errors or offensive, indecent, or objectionable content. If the User does so object, the User should not use this website and/or the online services. Banter Digital may make changes to the website, online services, other services, information and materials at any time without notice. The information, services and materials may be out of date, and Banter Digital gives no undertaking of any manner whatsoever to update such information, services or materials. Any information contained on our website is intended for general information purposes only, and is not meant to be an endorsement or representation by Banter Digital or any other party, and should in no way be construed as professional advice. The User should refrain from making any business decisions on the basis of this information without consulting Banter Digital or another business providing the same/similar services to Banter Digital for advice related to your specific and precise requirements. Any reliance the User places on any content is strictly at the User’s own risk.
- Banter Digital reserves the right, in its sole discretion, to: (a) change these terms and conditions without notice to the User; (b) change the content and/or services available on or through the website; (c) discontinue any aspect of the website or service(s) available from the website; and/or (d) delete the website. The User is responsible for reviewing these terms and conditions each time it uses the website and online services. The User’s continued use of the website and online services constitutes the User’s agreement to the then current terms and conditions.
Disputes regarding the content of the website
- In the event of a dispute as to the content of these terms and conditions at any time, a certificate signed by the administrator responsible for maintaining the website shall be prima facie proof of the date of publication and content of the current version and all previous versions of these terms and conditions.
Governing Law and Jurisdiction
- These terms and conditions will be governed by and construed in accordance with the laws in force in the Republic of South Africa.