INTRODUCTION In this agreement, unless it appears to the contrary, the singular shall include the plural and visa versa, any reference to any gender shall also include the opposite gender and any reference to a natural person, shall include legal person and visa versa.
TRADE MARK / COPYRIGHTS AND RESTRICTIONS ON USE www.northmeadmall.co.za consists of content which is derived entirely or in part from content supplied by www.northmeadmall.co.za and other sources. The said contents are protected under applicable South African Copyright and Trade Mark Laws, International Trade Marks and Copyright Laws and conventions. The user may not reproduce, duplicate, publish, modify, copy, download, upload in any manner, post, broadcast or transmit, reverse engineer or disenable, display, or distribute or in any way exploit any of the content, that being software and/or material; except in so far that the user may download one copy of the content on any single computer for the user's personal, non-commercial home use only; and provided that all propriety notices and restrictions attached to the content are kept intact, unless expressly permitted by the site, or unless prior written consent from www.northmeadmall.co.za has been obtained. Requests for permission regarding any issue relating to the content which falls within the ambit of the limitations stated above can be made by contacting the www.northmeadmall.co.za contact person listed. The user is also strictly prohibited from creating works, and/or software materials derived from or which are based on the contents found on this site. The prohibition applies regardless of whether the content is sold, negotiated or given away and/or further alienated in any manner whatsoever.
SUBMISSIONS / BULLETIN BOARDS / FORUMS / BLOGS / USER GENERATED CONTENT Any submissions shall be deemed to be and remain the exclusive property of www.northmeadmall.co.za. The various forms of content, which are found on the www.northmeadmall.co.za site, shall be deemed to remain the exclusive property of www.northmeadmall.co.za. www.northmeadmall.co.za has the right, but not the obligation to monitor and review submissions submitted by users. www.northmeadmall.co.za shall not be responsible for any of the content of these messages. www.northmeadmall.co.za further reserves the right to delete, move or edit submissions that www.northmeadmall.co.za, in its exclusive discretion, deems abusive, defamatory, obscene or in violation of any Copyright or Trademark laws or otherwise objectionable.
RULES OF CONDUCT FOR THE USER The user with the inclusion of but not the limitation of agrees that they will not transmit submissions to www.northmeadmall.co.za that; Use any of the forums for illegal purposes; Are for purpose of spamming; Restrict or inhibit any other user from using and enjoying the forums; Are unlawful, threatening, abusive, defamatory, obscene, vulgar, profane pornographic and/or allow for indecent information that constitutes a criminal offence and/or gives rise to a civil liability claim or otherwise violates any local, national or international law; Violate the Copyright, Trademark or other Intellectual property rights of any other person by the submission of the content to www.northmeadmall.co.za through the forums or other user generated content avenues, which allow for such submissions. The user by the transmission of content in any manner whatsoever represents to www.northmeadmall.co.za that they are the rightful owner of such content transmitted or that the user has obtained permission from the rightful owners to submit such content transmitted; Contain viruses or other harmful content; Are intended for commercial purposes, contain marketing or promotional materials or are intended to solicit donations. The user agrees that all submission become the exclusive property of www.northmeadmall.co.za. The user agrees that they shall be solely liable for any damage resulting from any infringement of Copyrights, Trademarks and other proprietary rights or any other damages resulting from such a submission. The user further indemnifies and holds www.northmeadmall.co.za harmless against all claims for any damages whatsoever arising from the use of www.northmeadmall.co.za.
DAMAGES, WARRANTY, INDEMNITY The user expressly agrees that the use of www.northmeadmall.co.za is at the user's sole risk. www.northmeadmall.co.za does not guarantee or warrant; that www.northmeadmall.co.za will be uninterrupted; that www.northmeadmall.co.za will be fault free and that the defects will be corrected; that the results that may be obtained from the use or application from information gained from www.northmeadmall.co.za in so far as accuracy and content of any such information is concerned; any merchandise provided through www.northmeadmall.co.za. This site is provided "AS IS" and on an "IS AVAILABLE" basis, without any representation or endorsement, made and without warranty of any kind whether express or implied, including but not limited to warranties of satisfactory quality, non-infringement, title, security and compatibility. The user acknowledges and confirms the www.northmeadmall.co.za indemnity to, including but not limited to, indirect, direct, incidental, special, consequential or punitive damages arising from the use of or inability to use www.northmeadmall.co.za. The user acknowledges that the provisions of this paragraph shall apply to all the contents of www.northmeadmall.co.za. The disclaimer of liability applies to damages or injury, including but not limited to, indirect, direct, incidental, special, consequential or punitive damages or any damages whatsoever arising from use or loss of use of data or of profits, whether in breach of contract, tortious action, negligence, or under any other cause of action. If any of the terms and conditions of this agreement should be deemed to be unlawful, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms and conditions are intended to be effective than to the extent only and within the jurisdiction in which that term and condition is illegal, invalid or unenforceable, it shall be severed and deleted from this agreement and the remaining terms and conditions shall survive, remain in full force and effect and continue to be binding and enforceable. GENERAL This agreement, the terms, conditions and operating rules for www.northmeadmall.co.za, constitute the entire agreement between the parties with respect to the subject matter hereof. The agreement and the terms and conditions shall be governed and construed in accordance with the laws of the Republic of South Africa. Any dispute arising here from shall be exclusively subject to the jurisdiction of the courts and/or Tribunals of the Republic of South Africa. The section headings used herein are for convenience only and shall be of no legal consequence. www.northmeadmall.co.za may at any time revise these terms and conditions by updating the postings. The user is bound by such revisions and should therefore periodically visit this agreement to review the then current terms and conditions to which the user is bound. www.northmeadmall.co.za shall have the exclusive right to at any time change or discontinue any aspect or feature of www.northmeadmall.co.za.
AGREEMENT TO AND TERMINATION OF AGREEMENT The use of or access to this site constitutes the user's acceptance of terms and conditions hereof, which are binding on the user and take effect on a date which the user first makes use of or access to www.northmeadmall.co.za. If the user does not accept all the terms and conditions in full, the user must exit the site immediately. www.northmeadmall.co.za has the exclusive discretion to terminate the agreement at any time. After the user has exited the site as aforesaid the user must destroy all content, whether materials or software, obtained from the site and all copies thereof. In the event of the user failing to exit the site as aforesaid www.northmeadmall.co.za has the right to claim any indirect, direct, incidental, special or punitive damages caused to www.northmeadmall.co.za from the user's unauthorised access and/or use of www.northmeadmall.co.za. The user further indemnifies www.northmeadmall.co.za against any claims for damages of whatsoever nature caused to another party by the user's unauthorised use and/or access to the sites.
COLLECTION OF DATA If a User registers with www.northmeadmall.co.za by completing a submission form, including but not limited to a newsletter registration form, an information enquiry form or a registration to gain access to a password protected zone, a User is not anonymous to www.northmeadmall.co.za. For the purposes of online purchasing, a User may also be prompted to provide necessary Personal Information to process a credit card or PayPal payment. Information collected by www.northmeadmall.co.za is stored in a secure operating environment that is not available to the public. If a User does not wish to submit any personal identifying information, the User should not submit any information within submission form fields on www.northmeadmall.co.za. www.northmeadmall.co.za does not have any motive or intention to gather contact Data of visitors who are under the age of 13 and would prefer that parental Data be supplied instead on behalf of a child under the age of 13. It is the nature of the Internet and websites that www.northmeadmall.co.za by default records User information on www.northmeadmall.co.za's server traffic reports from the browser which the User is using to view www.northmeadmall.co.za, including an IP address and which web pages were visited. www.northmeadmall.co.za uses cookie technology. Cookie technology consists of trace elements of data that is stored on the Users computer's hard drive and which contains information about the User, so that next time the User visits www.northmeadmall.co.za the Cookie recognises the Users prior visit.
USE OF DATA Users of www.northmeadmall.co.za understand and agree that in order to offer certain services or functions, www.northmeadmall.co.za must collect and use personal information about Users. www.northmeadmall.co.za may send to a User messages by Email and/or SMS regarding their account. It is an optional condition of a User submitting Data to www.northmeadmall.co.za that Users agree to receive future Promotional messages from www.northmeadmall.co.za by Email and/or SMS or to Opt-out from future communications. A User can choose to opt-out of promotional messages at any time by contacting www.northmeadmall.co.za or following the unsubscribe link or instructions on the future communication. www.northmeadmall.co.za uses cookie technology and generates and saves User and session ID's to the Users Internet browser and computer to track and analyse website usage of the User. www.northmeadmall.co.za does this to be able to identify any technical problems with the workings of www.northmeadmall.co.za and to correct these to ensure a better online experience for the User.
AUTHORISED ACCESS TO DATA www.northmeadmall.co.za may disclose information to any authorised official if required to do so by law or if it is required to protect the safety of other www.northmeadmall.co.za Users or the public, or if www.northmeadmall.co.za believes that such action is necessary to protect and defend www.northmeadmall.co.za rights or properties. www.northmeadmall.co.za will not sell, rent, share, or distribute Personal Information to any entity other than 3rd parties which are vital in the administration of www.northmeadmall.co.za and the supply of goods or services that have been requested by the User, including but not limited to: hosting service providers, web administrators and online purchase and delivery service providers. www.northmeadmall.co.za may need to share Data with employees and employees of 3rd parties that require access to the Data to perform their day-to-day functions for www.northmeadmall.co.za. www.northmeadmall.co.za may disclose anonymous demographic and biometric statistics about the Data within the database for business purposes. In the event of www.northmeadmall.co.za changing ownership to a new entity, www.northmeadmall.co.za may transfer its rights to the Data to the new owner. The new owner of www.northmeadmall.co.za is required to notify each User of the transfer and the User may choose to modify its Personal Data at that time or choose to remove it.
SECURE STORAGE OF DATA Information collected by www.northmeadmall.co.za is stored in a secure operating environment that is not available to the public. All Data is available only to the User and those authorised employees to whom www.northmeadmall.co.za has granted permissions by issuing a username and password. It is the responsibility of each User to maintain the confidentiality and security of their password and to alert www.northmeadmall.co.za or reset their password if compromise of security is suspected. Any unauthorised use of www.northmeadmall.co.za systems and attempts to access Data without express authorisation is a violation of the Agreement, the act of which is prosecutable by Law.
EDITING OR REMOVING DATA A User is able to update or remove the Data they have submitted to [website domain address], either by logging in or by contacting www.northmeadmall.co.za. User updates or removal will reflect in www.northmeadmall.co.za's active database, but www.northmeadmall.co.za may retain Data in backup files and archives or to prevent a User from being accidentally re-added to the database after they have expressly unsubscribed.
LIMITATION www.northmeadmall.co.za has no control over information or privacy policies of 3rd party websites hyperlinked to from www.northmeadmall.co.za. These 3rd party links are being provided for the convenience of the Users of www.northmeadmall.co.za and www.northmeadmall.co.za does not endorse and is not responsible or liable for the content, nature or reliability of any linked website or any link contained in a linked website. www.northmeadmall.co.za takes no responsibility for monitoring, updating, supplementing or correcting any information on any linked website and makes no representation or warranties regarding such information. Please be aware that in linking to these outside websites, Users are leaving www.northmeadmall.co.za and that www.northmeadmall.co.za is not responsible for the content of any other site.
ENQUIRIES Any questions or concerns related to should be directed to the contact person listed on www.northmeadmall.co.za.