| Terms
& Conditions of Use
Thank you for visiting
our website and for reviewing our terms and conditions.
Consent
of personal data management:
Personal
Data:
The Website offers
special Services & Features which, in order to work
properly, need you to share with us certain personal information
about yourself. If you submit any personal information
to us, you can be assured that Hush Hush Marketing (Pty)
Ltd will not sell, lease, or share your personal information
to anyone else without your approval, except as follows:
(1) to our third party service providers, and only so
that they may help us provide the services you’ve
requested; (2) on occasion, we may offer a special promotion
on the Website in conjunction with a sponsor or promotional
partner, and share your information with that sponsor
or promotional partner so that it can send you other special
promotions it offers, but only if you give us permission
to do so.
Special
offers and Promotions:
With your permission,
we may also send you e-mails and SMS’s with special
offers and promotions. If you don’t want to receive
these, you may change your preferences.
Consent
of personal data cession:
Business
Transfers:
In all future cases in which Hush Hush Marketing (Pty)
Ltd may be sold along with its assets, or other transactions
may occur in which customer information is one of the
business assets transferred. In such a case, the customer
information which we have gathered may be one of the business
assets we transfer.
Acceptance of Service and
conditions of use:
Terms and
Conditions: Use of the Hush Hush Marketing (Pty) Ltd SMS
service (the “service") is subject to the following
terms of use:
1. Copyright
notice:
All content and
materials in this entire Website, including database rights
is protected by copyright. Copyright © Hush Hush
Marketing (Pty) Ltd, all rights reserved. Any reproduction
in whole or in part of any content, including text, photographs,
images or any such graphic material in the Website, is
strictly prohibited. We will protect our intellectual
property rights to the full extent of the law. Any person,
persons or entity that infringes on this copyright notice
will be prosecuted and held liable for any such infringements
to the maximum extent permitted by law.
2. Website ownership:
The Website is
owned and managed by Hush Hush Marketing (Pty) Ltd as
content provider and content aggregator. All materials
distributed in the SMS’s (the "Materials")
are either owned by Hush Hush Marketing (Pty) Ltd. Except
for downloading one copy of the Materials for your personal,
non-commercial home use, you must not reproduce, prepare
derivative works based upon, distribute, perform or display
the Materials without first obtaining the written permission
of Hush Hush Marketing (Pty) Ltd. Materials must not be
used in any unauthorized manner. Text, photographs and
or graphic material (collectively, the “Materials")
shall not be published, broadcast, rewritten for broadcast
or publication or redistributed directly or indirectly
in any medium. Neither these Materials nor any portion
thereof may be stored in a computer except for personal
and non-commercial use.
3. Message
features:
3.1) Participation:
The Website may offer opportunities for you to
transmit messages in connection with various features
including email, message boards & voting systems ("Message
Features"). You must use Message Features in a responsible
manner, and are solely responsible for any content you
transmit. You must not transmit any message ("Message")
in connection with any Message Feature that: (i) imposes
an unreasonable or disproportionately large load on the
Website's infrastructure, or otherwise adversely affects,
restricts or inhibits any other user from using and enjoying
the Website; (ii) is threatening, abusive, libellous,
defamatory, obscene, vulgar, offensive, pornographic,
profane, sexually explicit or indecent; (iii) constitutes
or encourages conduct that would constitute a criminal
offence, give rise to civil liability or otherwise violate
any local, state, national or international law; (iv)
violates, plagiarizes or infringes the rights of third
parties including, without limitation, copyright, trademark,
patent, rights of privacy or publicity or any other proprietary
right; (v) contains a virus or other harmful component;
(vi) constitutes or contains false or misleading indications
of origin or statements of fact; (vii) contains material
irrelevant to the subject matter of the Message Feature;
or (viii) contains any virus, Trojan horse, worm, time
bomb, cancelbot or other similar harmful or deleterious
programming routine. In order to participate in any Message
Feature, you will be asked to register by providing certain
personal information such as, for example, your name and
email address. (The Website's Privacy Statement explains
how such information may be collected and used.) You will
also be asked to select a user name ("User Name")
for identification purposes. You must not use any User
Name that violates any term of subsections (i)-(viii)
above, or any other operating term set forth by Hush Hush
Marketing (Pty) Ltd.
3.2) License:
By transmitting any Message or User Name, you
are granting to Hush Hush Marketing (Pty) Ltd a perpetual,
royalty-free, non-exclusive, and irrevocable right and
license to reproduce, prepare derivative works based upon,
distribute, perform or display such Message, User Name,
in whole or in part, in any form, media or technology
known or hereafter developed.
3.3) Message
and User Name Review: Hush Hush Marketing (Pty)
Ltd act as a passive conduit in connection with your use
of Message Features. Hush Hush Marketing (Pty) Ltd have
the right, but not the obligation, to review, edit or
delete any Message or User Name transmitted by you that
they believe may create a liability for them, and also
to deny access to any Message Feature. Display of any
Message or User Name in any Message Feature does not constitute
its approval or endorsement by Hush Hush Marketing (Pty)
Ltd. You acknowledge that Messages and Screen Names are
not confidential and they may be read, intercepted by
others and widely accessible on the World Wide Web. You
acknowledge that by submitting Messages to this Website,
no confidential, fiduciary, contractually implied or other
relationship is created between you and Hush Hush Marketing
(Pty) Ltd other than as expressly set forth in this Agreement.
4. Termination
and variation of services:
Hush Hush Marketing
(Pty) Ltd may change, suspend or discontinue any aspect
of the SMS service at any time, including the availability
of any SMS feature, database, or content. They may also
impose limits on certain features and services or restrict
your access to parts or the entire Website without notice
or liability.
5. Limitation
to your subscription:
Your subscription
is strictly personal and limited to your personal use.
6. Linking:
The Website may
contain links and pointers to other World Wide Web sites
and resources. Links to and from the Website to other
Web sites maintained by third parties, do not constitute
an endorsement by Hush Hush Marketing (Pty) Ltd or any
of its affiliates of any third party Web site or content.
Hush Hush Marketing (Pty) Ltd are not responsible for
the availability of these third party resources or their
contents. You should direct any concerns regarding any
external link to its Web site administrator or Webmaster.
7. Disclaimer
of warranties:
7.1) use of the
website and the services, are at your exclusive risk,
and the risk of injury from the foregoing rests exclusively
with you.
7.2) except for
any warranties that may be expressly provided by the applicable
vendor, the website, including, but not limited to all
services are provided "as is" and without warranties
of any kind, either express or implied, including, but
not limited to any warranties of title or warranties of
merchantability or fitness for a particular purpose.
7.3) Hush Hush
Marketing (Pty) Ltd do not warrant that: (1) the website
or the services will be uninterrupted or error free; (2)
defects or errors in the website or services will be corrected;
(3) the website or the services will be free from viruses
or other harmful components; or (4) any information contained
in the website, or the services will be accurate or reliable.
8. Limitations
on liability:
8.1) notwithstanding
any term in this agreement, other operating term set forth
by Hush Hush marketing (Pty) Ltd, you are exclusively
liable for the content of every message and user name
you transmit via the website.
8.2) in no event
may Hush Hush Marketing (Pty) Ltd be liable for any direct,
indirect, incidental, special or consequential damages
arising out of or relating to use of or inability to use
the website. This limitation applies whether the alleged
liability is based on contract, tort, negligence, strict
liability, or any other basis, even if Hush Hush Marketing
(Pty) Ltd have been advised of the possibility of such
damages. Because some jurisdictions do not allow the exclusion
or limitation of incidental or consequential damages,
the liability of Hush Hush Marketing (Pty) Ltd and in
such jurisdictions shall be limited to the extent permitted
by law.
9. Indemnification:
You hereby agree
to indemnify and hold Hush Hush Marketing (Pty) Ltd -
and their respective shareholders, members, directors,
officers, employees, agents and representatives - harmless
from all claims, liabilities, damages and expenses (including
attorneys' fees and expenses) arising out of or relating
to: (A) your use of the Website or (B) the use of services
provided or (C) any alleged breach of this Agreement by
you.
10. Termination:
This Agreement
may be immediately terminated at any time by Hush Hush
Marketing (Pty) Ltd in their sole discretion. In addition
and without prejudice to any other remedy available to
Hush Hush Marketing (Pty) Ltd, and they may immediately
terminate this Agreement if you breach any term of this
Agreement or other operating term set forth by Hush Hush
Marketing (Pty) Ltd.
11. Choice
of law and jurisdiction:
Any controversy
that may arise from this agreement will be governed by
the Law of the Republic of South Africa and Court of jurisdiction
will be the Court of Pretoria, also for connection and
guarantee.
12. Miscellaneous:
This Agreement
constitutes the entire agreement between the parties,
and supersedes all prior agreement and communications
with respect to the subject matter herein. Sections 6,
7, 8, 10, 11 and 12 of this Agreement will survive any
termination or cancellation of this Agreement. The section
headings in this Agreement are for convenience only and
must not be given any legal importance.
13. Acceptance
of terms of use:
By using the Website,
you signify your agreement to the terms of this Agreement.
If you do not agree to the terms in this Agreement, you
must not use the Website. Hush Hush Marketing (Pty) Ltd
may change the terms of this Agreement at any time, and
your use of the Website after such changes are posted
will mean that you accept them.
Should you have
any questions or concerns, please direct them to:
info@hushush.co.za
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