TERMS AND CONDITIONS OF USE FOR THE SCHOOL WEBSITE
- Welcome to our website, owned and operated by St Catherine’s School. These Terms and Conditions of use (“terms”) set out the terms that regulate the use of the website by the User.
- These terms take effect as soon as the User accesses the website and constitute a binding agreement between the School and the User. The current version of these terms will govern both the School’s and the User’s rights and obligations each time they access this website. If the User does not agree with any provision contained in these terms, they must immediately cease to use the website. Failure to do so, and continued use of and access to the website, will mean that the User has read, understood and agreed to be bound in full by the provisions of these terms.
- By accessing the website, Users warrant and represent that (i) use of the website is for lawful purposes,
(ii) they are over 18 (eighteen) years of age, and (iii) can legally conclude a binding agreement with the School. Users further warrant that they will not contravene any South African or international laws by using the website, any services offered on the website or any information provided to them by the School through their use of the website.
- Except as expressly authorised by these terms, Users may not use, alter, copy, distribute, or transmit any content contained on this website.
- The School conducts its business in accordance with all South African legislation applicable and relevant to its business. One aspect of such legal compliance pertains to data protection. The School values the privacy of personal information and will protect personal information in accordance with all relevant laws and regulations. This includes the Protection of Personal Information Act no 4 of 2013 (“POPIA”) and all regulations promulgated in terms thereof.
- By using the website, and thereby accepting to be bound by these terms, Users expressly acknowledge, agree and consent to the School and its suppliers, or any person authorised on its behalf, using personal information, as this term is defined by POPIA (“Personal Information”) for any purpose necessary to use the website, or for the School to render any service via the website.
- The School, in its sole discretion, reserves the right to amend these terms at any time. Any such amendments will come into effect immediately and automatically. Whenever the School concludes any amendments to these terms, the amended terms will be posted on this page, together with an indication at the bottom of the page as to the date upon which the terms were last revised. Users agree to review these terms for any such amendments whenever they visit the website.
- Should Users not agree to any amendments of these terms, they must immediately cease to access and use the website.
- There are certain areas on the website that allow Users to upload questions, data, and other information (“User Content”). Users are solely responsible for the User Content that is uploaded, displayed, and/or otherwise made available.
- For purposes of these terms, “Intellectual Property Rights” means “any and all Intellectual Property Rights of whatsoever nature and form including, without limitation, patents, designs, copyright, trademarks, trade secrets and/or know-how, whether in existence now or whether arising in the future, and including all applications and registrations, renewals and extensions thereof, under the laws of any country, territory or other jurisdiction.
- Unless the contrary is expressly specified in these terms, any and all content and material of whatsoever nature and form contained or depicted on the website, or incorporated or embedded in any service offered on or via the website, including, without limitation software, images, text, graphics, illustrations, logos, branding, and/or photographs (“School Content”), and all Intellectual Property Rights subsisting in such School Content, vest exclusively in the School. Users agree and undertake that they will at no time lay any claim to the School Content, and/or to any Intellectual Property Rights subsisting in such School Content.
- Except as explicitly provided herein, nothing in these terms shall be deemed to create a license in or to any Intellectual Property Rights belonging to the School, and Users agree and undertake that they will not themselves, or through any parent, subsidiary, affiliate, agent or other third party: (i) modify, port, translate, localise or create derivative works of the School Content, or any part thereof; (ii) by any means whatsoever, decompile, disassemble, reverse engineer or attempt to reconstruct, identify or discover any source code, underlying ideas, underlying user interface techniques or algorithms contained or incorporated in any School Content, or any part thereof, , or disclose any of the foregoing; (iii) sell, lease, license, sublicense, copy, market, reproduce, transmit or distribute the School Content, or any part thereof, including any Intellectual Property Rights subsisting therein, without the express written consent of the School; (iv) encumber or create any lien or security interest in respect of any School Content or any Intellectual Property Rights subsisting therein; and (v) knowingly take any action that would cause any of the School Content to be placed in the public domain, or that would infringe any Intellectual Property Rights in the School Content. Use of the School Content, and any Intellectual Property Rights subsisting therein, for any purpose not expressly permitted by these terms is strictly prohibited.
- Users understand and acknowledge that they may be exposed to User Content that is inaccurate, misleading and/or offensive and they agree that the School will not be liable for any damages alleged to incur as a result of exposure to such User Content.
- The School does not make any warranties, representations, statements or guarantees, whether express, implied in law or residual, regarding the website and any services offered on or via the Website, and these are provided on an “as is” basis. The School also does not make any warranty or representation that any information contained on the website or included in any services is appropriate for use in any jurisdiction.
- Use of the website, any School Content and/or any service offered as a part thereof is entirely at Users’ own risk. The School makes no representations, warranties or conditions about the quality, accuracy, reliability, completeness, or timeliness of any of the aforegoing.
- The School does not assume any responsibility for any errors, omissions or inaccuracies in the website, the School Content and/or any service that may be offered pursuant thereto.
- Neither the School nor its shareholders, officers, directors, employees, affiliate companies, agents and advisors (“Indemnified Parties”) shall be responsible for, and deny, all liability for any loss, harm, damage (whether direct, indirect or consequential) and/or expense of any nature whatsoever which may be suffered by Users and/or any third party, as a result of or which may be attributable, directly or indirectly, to access and use of (i) the website, and/or (ii) any information contained on or received via the website (including any reliance Users may place on such information), (iii) any School Content, (iv) any services provided pursuant to the website.
- Without limiting the generality of the aforegoing, the Indemnified Parties shall not be liable for any (i) loss of business, data and/or profits, (ii) failure and/or unavailability of the Website for any reason whatsoever, and/or (iii) failure/delay by any third party service provider to render any service/s which are necessary to ensure the availability of the website.
- Users hereby indemnify the Indemnified Parties against any loss, liability, harm, damage (whether direct, indirect or consequential) or expense of any nature whatsoever which may be suffered by Users or any third party as a result of or which may be attributable directly or indirectly to any of the above or the aforegoing.
- External links may be provided for convenience; however, the School makes no representations whatsoever about any third party website or its content. Use or reliance on any external links provided is entirely at Users’ own risk.
- No person, business or website may use any technology to search and/or gain information from the website without the School’s prior written permission.
- These terms and all matters or disputes arising from or incidental to them shall be governed and construed in accordance with the laws of the Republic of South Africa and you hereby submit to the exclusive jurisdiction of the South African courts. If any provision of these terms is found to be unlawful, void, or for any reason unenforceable by a competent court in the Republic of South Africa then that provision shall be severable from these terms and shall not affect the validity and enforceability of any remaining provisions.