Please read this USER AGREEMENT carefully. It contains important contractual
rights, obligations and conditions between you, the user, and You. Your
acceptance of the terms of this USER AGREEMENT is required for your
continued use of this website.
USAGE
1. Persons (User(s)) using the You website for any reason whatsoever
subject themselves to and agree to these terms and conditions and privacy
policy of You when accessing this website.
2. The You website consists of information, content and services provided
by You, its licensor(s), third parties and users of the You website.
3. You expressly reserves the right, in its sole and absolute discretion,
to amend this agreement.
4. You expressly reserves the right, in its sole and absolute discretion,
to remove, alter, modify, supplement and/or restrict access to the services,
content, information, software or file(s) appearing on or transmitted
through the You website.
5. Any information and/or content appearing on or transmitted through
the You website does not constitute advice and you, the user, are encouraged
to consult your professional advisor before acting on any information
or content appearing on or transmitted through the You website.
6. Nothing on this website shall be construed as an offer by You to
you, the user, but merely an invitation to do business.
INTELLECTUAL PROPERTY RIGHTS & LICENCE
7. All content, trademarks and data on this website, including but not
limited to software, databases, text, graphics, icons, hyperlinks, private
information and designs, are the property of or licensed to You and
as such are protected from infringement by domestic and international
legislation and treaties.
8. All rights not expressly granted are reserved. The intellectual property
rights in all content, information, services and/or software vesting
in You shall continue to vest in You and no right, title or interest
in any proprietary material or information contained in this website
is granted to you.
9. You grants to you, the user, a personal, non-exclusive, non-assignable
and non-transferable licence to use, print and display all content,
information, software or file(s) on any machine(s) of which you, the
user, are the primary user for non-commercial purposes only.
10. You, the user, are prohibited from sublicensing, assigning or transferring
this licence to any person.
11. Without derogating from the above, you, the user, may designate
family members to use and access the information, content or services
on the You website subject to the terms of this User Agreement.
12. Unauthorised copying of content, information, software or file(s),
including content, information, software or file(s) that have been amended,
modified, combined or included with such content, information, software
or file(s), or the written materials associated therewith is expressly
prohibited.
13. Any unauthorised copying and/or sublicensing, or attempt at copying
and/or sublicensing, assignment or transfer of this agreement shall
result in the immediate termination of this agreement by You without
notice.
14. You, the user, shall be responsible for all use of the information,
content or service accessed through your user account, which may be
determined by cookies, password(s) or authentication certificate(s).
15. You, the user, hereby ratify, guarantee and agree to be personally
liable for any and all obligations entered into or assumed by others
who use the information, content or services through your user account.
16. You, the user, hereby acknowledge that certain information, content,
services and/or links may contain objectionable images, materials, content
or information.
17. Except as expressly permitted in this User Agreement, neither you,
the user, nor your designated users may reproduce, redistribute, retransmit,
publish or otherwise transfer or commercially exploit any information,
software or other content which they receive or access through the service.
ELECTRONIC COMMUNICATIONS
18. By using this website or communicating with You by electronic means
the user consents and acknowledges that any and all agreements, notices,
disclosures or any other communications satisfy any legal requirement,
including but not limited to the requirement that such communications
should be "in writing".
CHANGES AND AMENDMENTS
19. This website may include technical or other inaccuracies or typographical
errors. Changes and amendments are periodically made to the information
herein and these changes will be incorporated in any new editions of
this website. You reserves the right to make improvements and/or changes
or amendments to this website at any time.
20. You reserves the right to change and amend any prices and rates
that may be quoted on this website without any notice.
PRIVACY POLICY
21. You respects your privacy and is committed to privacy protection
principles. This privacy policy statement sets out You information gathering
and dissemination practices.
22. While using this website, information about you may be either collected
by us or provided by you. Such information will become the property
of You.
23. You may use this personal information to provide you with information
regarding our products, services or events from time to time. You may
request that You ceases sending you such information or request that
your personal information be removed from our database or mailing list
at any time by e-mailing hgnbrief@You.com.
24. You may also request access to any personal information concerning
you that You holds. The Promotion of Access to Information Act, 2 of
2000 ("Proatia") sets out and regulates how such a request
should be made and under what circumstances such access may be refused.
25. You may update or correct your personal information by e-mailing hgnbrief@You.com. You may also view your personal information
that we hold and correct it if necessary on written request to You.
26. You will not disclose any personal information to anyone except
as provided for in this policy. We may however need to disclose personal
information to You employees or agents who require such information
to carry out their duties. There may also be situations where the law
requires us to disclose your personal information. In all other situations,
except in the case of the sale of You or its associated services or
website(s), You will not disclose your personal information without
giving you prior notice thereof and an opportunity to give your consent
thereto.
27. You is not responsible for and gives no warranties and makes no
representations in respect of the privacy policies or practices of linked
or any third party websites.
28. You reserves the right to alter the terms and conditions of this
privacy policy at any time. You will be responsible for reviewing any
such changes each time you access the You website, and your continued
use of the website after changes have been posted online constitutes
your acceptance of this policy as modified by the posted changes.
29. If you have any questions or concerns arising from this policy or
the way in which we are handling your personal information, please contact
us at hgnbrief@You.com.
TRANSMISSION OF INFORMATION
30. The user acknowledges that information transmitted via the internet,
including without limitation e-mail, is susceptible to monitoring and
interception. The user is therefore discouraged from transmitting to
You any information that may be confidential, proprietary or sensitive.
The user shall bear all risk of transmitting such information in this
manner and under no circumstances will You be liable for any loss, harm
or damage suffered by the user as a result thereof. You reserves the
right to request independent verification of any information transmitted
via e-mail and the user consents to such verification should You deem
it necessary.
31. Any information or material sent to You will be deemed not to be
confidential, unless otherwise agreed in writing by the user and You.
LINKING AND FRAMING
32. It is expressly prohibited for any person, business, entity or website
to link to any page on this website, including the home page, without
prior written approval of You.
33. It is expressly prohibited for any person, business, entity or website
to frame any page on this website, including the home page, in any way
whatsoever, without prior written approval of You.
SEARCHING TECHNOLOGY
34. The use of non-malicious search technology, such as "web-crawlers"
or "web-spiders", to search and gain information from this
website is not permitted without our written consent.
LINKS TO THIRD PARTY SITES
35. You provides links to the user as a convenience only and the inclusion
of any link does not imply You's endorsement of such site.
36. Linked websites or pages are not subject to the control of You.
You shall not be held responsible or liable, directly or indirectly,
in any way for the contents, use or inability to use or access any linked
websites or any links contained in a linked website
SECURITY
37. It is expressly prohibited for any person, business or entity to
gain or attempt to gain unauthorised access to any page on this website
or to deliver or attempt to deliver any unauthorised, damaging or malicious
code to this website. Any person who delivers or attempts to deliver
any unauthorised, damaging or malicious code to this website or attempts
to gain unauthorised access to any page on this website shall be held
criminally liable, and in the event that You should suffer any damage
or loss, civil damages will be claimed.
WARRANTY
38. You, the user, warrant that you use the You website at your own
risk.
39. You, the user, acknowledge that no implied warranties, including,
without limitation, warranties of merchantability, title, fitness for
a particular purpose, non-infringement, compatibility, security and
accuracy, have been given by You, its information providers, licensors,
suppliers, employees, agents and internet service providers providing
access to the You website.
40. This website and the information, content and/or services are provided
"as is" and You makes no express or implied representations
or warranties with regard thereto. Without limiting the generality of
the aforegoing, You, its information providers, licensors, suppliers,
employees, agents and internet service providers providing access to
the You website do not warrant that the website or information will
be error-free or will meet any particular criteria of performance or
quality, other than those warranties that are implied by and incapable
of exclusion, restriction or modification under the laws applicable
to this User Agreement.
41. While You has taken reasonable measures to ensure the integrity
of this website and its contents, no warranty, whether express or implied,
is given that any files, downloads or applications available via this
website are free of viruses, trojans, bombs, time-locks or any other
data or codes that have the ability to corrupt, damage or affect the
operation of the user's system.
RISK & LIMITATION OF LIABILITY
42. The user's use of this website and the information contained therein
is entirely at the user's own risk and the user assumes full responsibility
and risk of loss resulting from the use thereof. Neither You and its
affiliates nor their shareholders, agents, consultants or employees
will be liable for any damages whatsoever, including, without limitation,
any direct, indirect, special, incidental, consequential or punitive
damages, whether in an action arising out of contract, statute, delict
or otherwise, relating to the use of, or inability to use, this website
or the information contained therein.
43. While all reasonable steps have been take to ensure the accuracy
and safety of the You website, the use of the products or services advertised
on this website is at the user's own risk. The user accepts full responsibility
and risk of any injury, damage or loss resulting from the use thereof.
You will not be liable for any personal or physical damage or loss,
howsoever caused, whether directly or indirectly, resulting from the
use of the You website.
SEVERABILITY
44. These Terms and Conditions of Use constitute the entire agreement
between You and you, the user of this website. Any failure by You to
exercise or enforce any right or provision of these Terms and Conditions
of Use shall in no way constitute a waiver of such right or provision.
45. In the event that any term or condition of the use of this website
is not fully enforceable or valid for any reason, such term(s) or condition(s)
shall be severable from the remaining terms and conditions. The remaining
terms and conditions shall not be affected by such unenforceability
or invalidity and shall remain enforceable and applicable.
APPLICABLE LAW
46. This User Agreement is concluded in the Republic of South Africa
and shall be governed by and construed in accordance with the laws of
the Republic of South Africa and the jurisdiction of South African courts.
The parties hereto acknowledge that they are barred from instituting
any action or legal proceeding or process more than one year after the
day on which the claim or cause of action arose.
CONTACT INFORMATION
47. If you have any questions or queries or wish to request permission
to use any part of this website, including linking, framing or searching,
please contact You at:
Physical Address:
You
Naspers Centre
40 Heerengracht
Cape Town
Postal Address:
You
PO BOX 1802
Cape Town
8000
Tel: +27 (0)21 406 2116
Fax: +27 (0)21 406 3316
E-pos: hgnbrief@You.com