Earth Touch (Pty) Ltd Website Terms and Conditions of Use
Earth Touch (Pty) Ltd ("Earth Touch") makes its website, www.earthtouchnews.com ("the Website") available to You and the organisation which You represent ("the User" or "You") subject to these terms and conditions of use (collectively "the Terms") set out herein, which Terms may be amended at any time and at Earth Touch's sole discretion.
If you wish to use the Website you must agree to the Terms. By using the Website you consent and agree to the Terms, as provided for herein.
Should the Terms be modified in any way, which right Earth Touch reserves, You will be bound by such modified terms from the moment that they are published on the Website, and Your continued usage will be construed as an acceptance of such modified Terms.
You acknowledge and agree that each member of the group of companies of which Earth Touch is a part shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favour of) them. Other than this, no other person or company shall be a third party beneficiary of the Terms.
Earth Touch makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the Website, any of the information contained in it or referenced by it, and that the website and the contents are free from errors or omissions or that the service will be uninterrupted, error-free or safe from unauthorised access.
While every effort is taken to ensure that the website is free from viruses, Earth Touch cannot be held liable in the unlikely event that a virus is transmitted to the User or the User's computer system.
In using the Website, You may be exposed to content that is factually inaccurate, offensive, indecent, or otherwise objectionable to you. You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against Earth Touch with respect to any such content.
Earth Touch will consider any complaint that You may have regarding any offensive, defamatory or otherwise inappropriate content that is made available through the Website. Earth Touch reserves the right to respond to any complaint in the manner that it sees fit. Earth Touch does not accept any liability of any nature for any offensive, defamatory or inappropriate Content on the Website or the service.
Intellectual Property and Copyright
Earth Touch is the owner or licensee of all content on the Website, as the case may be. Such content is subject to copyright, trade mark rights, and other intellectual property rights of Earth Touch or Earth Touch's licensors. Any third party trademarks present on the website are trademarks of their respective owners. Such content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of Earth Touch or, where applicable, Earth Touch's licensors. Notwithstanding this general prohibition, You may view footage, clips, audio and content, as provided for on this Website and may copy, reproduce and distribute such footage, clips, audio and content for purposes of generating interest and generally promoting said footage, clips, audio and content, however such permission does not authorise or permit You (or any other person through You) to exploit same for commercial gain in any manner or form (i.e. copy, reproduce, distribute, transmit, broadcast, display, license), unless You have lawfully acquired the rights to do so by way of separate written agreement from Earth Touch. It is acknowledged by You that at all times Earth Touch is the owner or licensee of all content on the Website, and that the permission granted to You above is strictly limited. Earth Touch reserves the right at any stage and for any reason whatsoever, in its sole discretion, to insist that You immediately cease and desist from any copying, reproducing or distribution of any such footage, clips, audio and content, which request You agree to abide. Any unauthorised use outside of the terms above shall entitle Earth Touch to institute a claim for damages against You and/or any beneficiary by virtue of your unauthorised exploitation of the content. Earth Touch and its licensors reserve all rights not expressly granted in and to the content made available on the Website.
Nothing contained herein should be construed to grant any license or to transfer ownership to the User of any copyright, trademark and other intellectual property rights in and to any of the content on the Website.
Any contributions, submissions, ideas, material or pitches, submitted to Earth Touch are received on the basis of being unsolicited. You acknowledge that Earth Touch has many ideas, projects, materials and concepts in various stages of development and/or under license and that the results of these endeavours may be similar or identical to your own products, projects, ideas and material. Earth Touch is under no obligation to accept or publish any submission.
Where the Website includes any hyperlinks to any website or resource that is not controlled by Earth Touch, the User acknowledges and agrees that Earth Touch does not control or assume any liability for any content, policy or practice of such other website or resource.
The presence of such hyperlinks on Earth Touch's website should not be construed as an endorsement of anything in relation to such external content, website, product or practice.
You acknowledge and agree that Earth Touch is not liable for any loss or damage which may be incurred by You as a result of the availability of those external sites or resources, or as a result of any reliance placed by You on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such websites or resources.
No hypertext links shall be created from any website controlled by the User or otherwise to this website without the express prior written permission of Earth Touch.
Third Party Advertising
Should any third party advertising appear on the Website, Earth Touch does not endorse or necessarily approve of such third party advertising.
All third party advertising is of an independent nature, and accordingly is not connected with Earth Touch in any way.
When using the Website, You may incur data charges subject to Your relevant network provider. All such charges are for the User's own account.
Certain features of the Website may require that You create an Earth Touch account. When creating Your account, You must provide accurate and complete information. It is important that You keep Your account password secure and confidential.
Upon becoming aware thereof, You must notify Earth Touch immediately of any breach of security or unauthorised use of Your account.
Your account is Your sole responsibility, and any use under such account shall be construed as use by the User.
ou agree that Earth Touch is entitled, in its sole and absolute discretion, at any time, and without any recourse by You, to –
suspend Your Account (on any terms determined by Earth Touch);
cancel Your Account.
Privacy and Personal Information
At all times, Your personal information will be handled and/or processed in accordance with statutory provisions governing personal information.
Earth Touch is sensitive to the private nature of the information a User provides over the Website, including a User's name, company details, address and email address, and shall take all reasonable steps to protect the personal information of the User.
Any personal information provided by You to Earth Touch:
may be used by Earth Touch:
to operate, maintain, and improve the features and functionality of the Website and/or Your account;
to develop new products and services;
to provide marketing with aggregate information about the user base and usage patterns;
for internal administrative purposes;
for statistical purposes; and
to send You information regarding Earth Touch;
be used by Earth Touch to send commercial or marketing messages to You without Your prior consent, other than in the circumstances described in clause 188.8.131.52;
be sold, shared, made available or transmitted to any third parties;
through Your account is stored by Earth Touch on a secure database.
Despite the foregoing, You agree that Earth Touch is entitled to disclose any personal information to any competent legal or regulatory authority that makes such a request and is lawfully entitled to obtain such information from Earth Touch. In this instance, Earth Touch undertakes to disclose only such information as is sufficient to satisfy such request.
Nothing in the Terms shall affect any statutory rights which You are entitled to as a consumer and that You cannot contractually agree to alter or waive.
The Website is provided "as is" and Earth Touch makes no warranty or representation to You with respect to it.
In particular Earth Touch does not represent or warrant to You that:
Your use of the Website will meet Your requirements;
Your use of the Website will be uninterrupted, timely, secure or free from error;
any information obtained by You as a result of Your use of the Website will be accurate or reliable; and
that defects in the operation or functionality of any software provided to You as part of the Website will be corrected.
No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the Website except to the extent that they are expressly set out in the Terms.
You warrant that:
You will comply with all the requirements set out in the Terms;
You will not attempt to or actually alter, reverse-engineer, modify, circumvent, disable, amend, tamper with or change any part of the Website;
You will not attempt to or actually circumvent, disable or otherwise interfere with any security related features of the Website or features that (i) prevent or restrict use or copying of content or (ii) enforce limitations on use of the Website or the content accessible via the Website;
You will not attempt to or actually infect the Website with any software, malware or code that may infect, damage, delay or impede the operation of the Website or which may intercept, alter or interfere with any data generated by or received through the Website;
You will not attempt to or actually collect or harvest any personal data of any user of the Website;
You will not use the Website for the solicitation of business in the course of trade or in connection with a commercial enterprise;
You will not access or use the Website for any reason other than Your personal, non-commercial use solely as intended through and permitted by the normal functionality of the Website;
You will not share the password to Your account with anyone;
You will not create more than 1 (one) account for yourself;
You will not access any other User's account for any reason;
You will not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of Earth Touch or the respective licensors of the Content.
The User hereby indemnifies Earth Touch, its directors and employees and waives any rights that the User may have against Earth Touch in respect of any loss, liability, damage (whether direct or consequential) or expense of any nature whatsoever, which may be suffered by the User and/or third party as a result of or which may be attributable directly or indirectly to User's use or inability to use this website or the services or content provided from and through this website.
The User hereby indemnifies Earth Touch, its directors and employees and waives any rights that the User may have against Earth Touch in respect of any loss, liability, damage (whether direct or consequential) or expense of any nature whatsoever, which may be suffered by the User and/or third party as a result of or which may be attributable directly or indirectly to the User's contravention of any of the Terms or breach of the warranty contained in clause 9.5.
You agree that in all instances, the only remedy that You may have against Earth Touch is to discontinue Your use of the website.
Nothing in the Terms shall exclude or limit Earth Touch's liability for losses which may not be lawfully excluded or limited by applicable law.
Subject to the overall provision in paragraph 11.1 above Earth Touch shall not be liable to You for:
any indirect or consequential losses which may be incurred by you. This shall include any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, or any loss of data suffered by you;
any loss or damage which may be incurred by You as a result of:
any reliance placed by You on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between You and any advertiser or sponsor whose advertising appears on the Service;
any changes which Earth Touch may make to the Service, or for any permanent or temporary cessation in the provision of the Service (or any features within the Service);
the deletion of, corruption of, or failure to store, any Content and other communications data maintained or transmitted by or through Your use of the Service;
Your failure to provide Earth Touch with accurate account information; or
Your failure to keep Your password or Earth Touch account details secure and confidential.
Waiver and Indulgence
You agree that if Earth Touch does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Earth Touch has the benefit of under any applicable law), this will not be taken to be a formal waiver of Earth Touch's rights and that those rights or remedies will still be available to Earth Touch.
If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed to the extent of its invalidity from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
Earth Touch shall not be liable for any failure to meet any of its obligations in terms of this agreement, or any delay in meeting them, to the extent to which the failure or delay is caused by a "force majeure", being any exceptional event or circumstance which is beyond Earth Touch's reasonable control; which we could not reasonably have provided against; and which, having arisen, could not reasonably have been avoided or overcome by Earth Touch.
Applicable Law and Jurisdiction
The Terms, and Your relationship with Earth Touch under the Terms, shall be governed by South African law. You and Earth Touch agree to submit to the exclusive jurisdiction of courts of South Africa to resolve any legal matter arising from the Terms.