WEBSITE TERMS AND CONDITIONS

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full.   If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

This website uses cookies.  By using this website and agreeing to these terms and conditions.

License to use website

Unless otherwise stated, ROOT44 and/or its licensors own the intellectual property rights in the website and material on the website.  Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions. 

You must not:

  • republish material from this website (including republication on another website);
  • sell, rent or sub-license material from the website;
  • show any material from the website in public;
  • reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
  • edit or otherwise modify any material on the website; or
  • redistribute material from this website [except for content specifically and expressly made available for redistribution].

 

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without ROOT44’s express written consent.

You must not use this website to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without ROOT44’s express written consent.

No warranties

This website is provided “as is” without any representations or warranties, express or implied and all information is subject to change.  ROOT44 makes no representations or warranties in relation to this website or the information and materials provided on this website. 

Without prejudice to the generality of the foregoing paragraph, ROOT44 does not warrant that:

  • this website will be constantly available, or available at all; or
  • the information on this website is complete, true, accurate or non-misleading.

 

Nothing on this website constitutes, or is meant to constitute, advice of any kind.  [If you require advice in relation to any [legal, financial or medical] matter you should consult an appropriate professional.]

Limitations of liability

ROOT44 will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

  • to the extent that the website is provided free-of-charge, for any direct loss;
  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

 

These limitations of liability apply even if ROOT44 has been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit ROOT44’s liability in respect of any:

  • death or personal injury caused by ROOT44’s negligence;
  • fraud or fraudulent misrepresentation on the part of ROOT44; or
  • matter which it would be illegal or unlawful for ROOT44 to exclude or limit, or to attempt or purport to exclude or limit, its liability.

 

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. 

If you do not think they are reasonable, you must not use this website.

Other parties

You accept that, as a limited liability entity, ROOT44 has an interest in limiting the personal liability of its officers and employees.  You agree that you will not bring any claim personally against ROOT44’s officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect ROOT44’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as ROOT44.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify ROOT44 and undertake to keep ROOT44 indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by ROOT44 to a third party in settlement of a claim or dispute on the advice of ROOT44’s legal advisers) incurred or suffered by ROOT44 arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these terms and conditions

Without prejudice to ROOT44’s other rights under these terms and conditions, if you breach these terms and conditions in any way, ROOT44 may take such action as ROOT44 deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

ROOT44 may revise these terms and conditions from time-to-time.  Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website.  Please check this page regularly to ensure you are familiar with the current version.

Assignment

ROOT44 may transfer, sub-contract or otherwise deal with ROOT44’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions. 

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.


Obtaining of personal information for marketing purposes

By submitting any form on this website, you agree to receive e-newsletters and e-marketing from ROOT44 on a regular basis. Should you wish to unsubscribe from these emails, you may do so.

Entire agreement

These terms and conditions, constitute the entire agreement between you and ROOT44 in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

This document was created using a Contractology template available at http://www.freenetlaw.com.

 

COMPETITION TERMS AND CONDITIONS

These terms and conditions are applicable in respect of all entrants participating in any competitions, which may be run or promoted by ROOT44.

ROOT44, or any of its associated companies, reserve the right to disqualify your entry from any competition and/or withhold any prize if they have reasonable grounds to believe that you have breached any of these Terms & Conditions or any specific rules of any competition.

To enter a competition and to be eligible to win a prize you must:

(a) Be resident in the Republic of South Africa (unless permitted otherwise in the specific terms and conditions of a competition);

(b) Be 18 years of age or over (or of the age specified in the competition and, if minors are stated to be eligible to enter a competition, then they must have the express consent of their parent(s) or guardian);

(c) Not be an employee of ROOT44 or any of its related companies or any service provider (or employee or agent thereof) to ROOT44 or a member of the family, friend or acquaintance of any of the above; and

(d) Comply with these Terms & Conditions and any rules specific to the competition. All entry instructions communicated by ROOT44 will form part of the Competition Terms & Conditions.

By entering any competition and/or accepting a prize from ROOT44 you warrant that you have complied, and shall continue to comply, with these Competitions Terms & Conditions.

By entering the competition, you agree to take part in publicity of the competition at ROOT44’s request and/or to allow ROOT44 to use your name, image and/or town of residence in such promotional materials as ROOT44 sees fit whether now or in the future and anywhere in the Republic of South Africa or in the world, without any further compensation.

One entry allowed per person unless expressly stated otherwise in the relevant specific terms of the competition.

There are no prize substitutions nor are cash alternatives and the prizes are not transferable. ROOT44 reserves the right to select an alternative winner and award the prize to another entrant in the event that:

  (i) It has reasonable grounds for believing that an entrant has contravened any term or condition of entry;

  (ii) A winner has changed address to one outside of the Republic of South Africa, after the closing date;

  (iii) It is unable to contact the Winner within 24 hours of selecting the Winner;

 

ROOT44 will have a sole and an absolute discretion to decide whether or not to accept any entry and ROOT44 may rely upon its own records and information in determining whether contestants are eligible to receive a prize.

In any matters concerning any part of the competition or any part of the solution to the competition, whatsoever, ROOT44’s decision will be final and no correspondence or discussion shall be entered into with you or with any other person acting on your behalf regarding the decision whatsoever.

A winner will generally be notified either by email or telephone within 14 days of the relevant closing date or such other times as may be specified by ROOT44 in its absolute discretion.

 

Lucky draw prizes will be awarded on a monthly basis and contents of the hamper may vary week to week and are not guaranteed to be of any particular value.

No responsibility can be accepted for entries lost, delayed, misdirected, damaged or undelivered. Incomplete, inaudible and/or illegible entries will be disqualified. ROOT44 shall not be responsible for technical errors in telecommunications networks, internet access or otherwise preventing entry to any competition.

Competitions Terms and Conditions shall be governed by and construed in accordance with the laws of RSA and any disputes arising therefrom, shall be subject to the exclusive jurisdiction of the courts of RSA.