Port Alfred Ratepayers' and Residents' Association
TERMS & CONDITIONS
(*Effective as from November 2021)
This Agreement shall be legally binding on any person or entity who accesses or uses the www.parra.org.za Website (hereinafter referred to as the “Website”) and shall therefore be bound by all the Terms & Conditions contained herein, as well as any regulations and laws applicable to the particular jurisdiction from which the User accesses the Website from. Users are urged to read these Terms & Conditions carefully.
1. ACCEPTANCE OF THE AGREEMENT
1.1. In accessing the Website, the User agrees to be bound by the Terms & Conditions contained herein and accordingly acknowledges that he/she has read and fully understands the Terms & Conditions.
1.3. Should the User not agree with or fully understand any or all of the Terms and Conditions contained herein, the User shall immediately refrain from accessing the Website.
1.4. The material contained on this Website is duly protected by any applicable copyright and trademark law.
2. AMENDMENTS TO THE WEBSITE TERMS & CONDITIONS
2.1. These Terms & Conditions may be amended and updated from time to time, without notice, and shall be effective immediately.
2.2. Amended Terms & Conditions shall immediately replace any previous versions on the Website.
2.3. The User is urged to regularly visit the Website to ascertain whether there have been any updates to the Terms & Conditions.
2.4. The User’s continued use of the Website will constitute an unequivocal tacit acceptance of the Terms & Conditions listed on the Website.
2.5. Should the User not accept the amended Website Terms & Conditions, the User is to immediately refrain from using and accessing the Website.
3. USER LICENSE
3.1. Permission is granted to temporarily download materials (information or software) from the Website for personal, non-commercial transitory viewing only. This shall not constitute a transfer of title and under this license the User may not:
3.1.1. Modify or copy the materials;
3.1.2. Use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
3.1.3. Attempt to decompile or reverse engineer any software contained on the Website;
3.1.4. Remove any copyright or other proprietary notations from the materials; or
3.1.5. Transfer the materials to other person or “mirror” the materials on any other server.
3.2. This license shall automatically terminate should the User violate any of the restrictions listed in clause 3.1 and may be terminated at any time.
3.3. Upon terminating the viewing of these materials or upon the termination of this license, the User must immediately destroy any downloaded materials in its possession whether in electronic or printed format.
4. GENERAL DISCLAIMERS
4.1. Some of the content and material displayed on the Website is merely opinion, independent pieces or news articles and are provided on a “as is” and “as available” basis.
4.2. The views and opinions expressed on and through this Website are those of the individual authors writing in their individual capacity and do not necessarily represent the views of the owner(s) of this Website.
4.3. No information on the Website is intended to be professional advice of any nature whatsoever and therefore is used at the User’s own risk.
4.4. There is no guarantee that the information posted is free from mistakes or errors.
4.5. There is a full disclaimer on all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement or intellectual property or other violation of rights.
4.6. Hackers and/or other malicious organizations, groups or individuals may attempt to interfere with the Website in a variety of ways and the User undertakes that he/she fully understands this risk.
5.1. The owner(s) of this Website and any of the contributors shall in no way be liable for any damages whatsoever arising out of the use or inability to use the Website, nor any information shared or displayed on the Website or its related social media pages.
6. ACCURACY OF CONTENT & MATERIALS
6.1. The User acknowledges that the Website may contain technical, typographical or photographic errors.
6.2. There are no warranties or guarantees that the content and material on the Website are accurate, complete or current.
7. THIRD-PARTY LINKS ON THE WEBSITE
7.1. The Website may contain links to third-party websites, the User is accordingly advised that the content of these websites have not necessarily been reviewed and therefore the owner(s) of this Website will not be responsible for the contents of any third-party websites whatsoever.
7.2. The inclusion of any link on the Website does not imply an endorsement by the owner(s) of the Website.
7.3. Users are warned that the use of any third-party websites are used at the sole risk of the Users.
8. INTELLECTUAL PROPERTY
8.1. The owner(s) of the Website retain all rights, title and interest in and to all of the intellectual property, whether or not it is possible to patent, copyright or protect any trademarks, copyrights or patents based thereon.
9. LIMITATION OF LIABILITY
9.1. To the fullest extent permitted by the applicable law, the User disclaims and holds harmless the owner(s) of the Website against any cause of action in any jurisdiction that would give rise to any damages whatsoever, and the owner(s) of the Website shall not be liable to the User for any type of damages.
9.2. The User agrees not to seek any refund, compensation or reimbursement from the owner(s) of the Website, regardless of the reason whatsoever.
9.3. To the fullest extent permitted by any applicable law, the User releases the owner(s) of the Website from any and all responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between the User and the acts or omissions of any third parties.
10. COOKIES POLICY
11.1. The privacy of the Website Users is very important to the owners of this Website.
12. OBLIGATIONS IN TERMS OF THE PROTECTION OF PERSONAL INFORMATION ACT (POPIA)
12.1. The User acknowledges that should he or sign up as a member of the Association via this Website, they will be required to share certain personal information about themselves.
12.2. The owner(s) of this Website take data protection very seriously and therefore warrant to fully comply with the provisions of the POPIA framework when necessary.
12.3. The Website owner(s) undertake, when applicable, to lawfully process all personal data collected from the User, as is required by the provisions of POPIA.
12.4. The User hereby consents to the Website collecting and processing special personal information, as far as it deems necessary, in the ordinary course of the successful viewing and functioning of the Website.
12.5. The Website shall only process special personal information when:
12.5.1. There is a legal necessity for the information to be processed;
12.5.2. When it is necessary to in order to perform the Services agreed upon during the use of the Website;
12.5.3. There is a historical, statistical or research purpose for the information to be processed; and/or
12.5.4. The information has been deliberately made public by the Client.
12.6. The Website owner(s) undertake to ensure that they have adequate safety measures in place to protect the integrity and confidentiality of all personal information in their possession.
12.7. The Website Owner(s) undertake to ensure that it has valid consents from its Users to provide special personal information to the Service Provider and further undertakes to ensure that it is acting in accordance with these requirements as laid out in the Act.
12.8. The Parties undertake to comply with any other obligations placed upon them in terms of POPIA.
13. MEMBERSHIP SUBSCRIPTION
13.1. The User may select to use the online Membership Form to join or renew their membership with PARRA.
13.2. The User is responsible to ensure that information provided is accurate, correct and true.
13.3. The User shall ensure that to update their personal details as is necessary.
14.1. The User shall be responsible to ensure that the banking details used for payment is correct and accurate.
14.2. The User shall be responsible to ensure that they have used a valid reference number for payments and shall ensure a copy of the proof of payment is sent to the correct address, as per the Website.
14.3. Should the User make payment to the incorrect banking details, the owner(s) of the Website shall not be responsible to assist the User in any way.
14.4. The owner(s) of the Website shall be under no obligation to assist the User recover amounts paid to the incorrect bank account details.
14.5. Membership fees shall run from 1 January to 31 December of each year and shall not be charged on a pro-rata basis.
14.6. The owner(s) of the Website will not, under any circumstances, refund payments to any person, should they no longer wish to be a member of the Association for any reason.
15.1. In the event that any provision or portion of this Agreement shall be determined to be invalid or unenforceable for any reason, in whole or in part, the remaining provisions of this Agreement shall be unaffected thereby and shall remain in full force and effect as permitted by law.
16.1. This Agreement shall be governed by the laws of South Africa, in all respects, including as to validity, interpretation and effect, without giving effect to its principles or rules of conflict of laws, to the extent such principles or rules are not mandatorily applicable by statute and would permit or require the Applications of the laws of another jurisdiction.
16.2. The User is entirely responsible to ensure that it is authorized to access the Website and any third-party links from this Website.
16.3. The Agreement, including all other legal documents and policies on the Website, constitutes the entire agreement between the Parties and supersedes all prior or contemporaneous agreements and understandings, both written and oral, between the Parties with respect to the subject matter hereof, including, without limitation, any public or other statements or presentations made regarding the Website and/or the Agreement.
16.4. If any provision of this Agreement is determined by a competent court to be invalid, inoperative or unenforceable for any reason, the provision shall be modified to make it valid and, to the extent possible, effectuate the original intent of the Parties as closely as possible in an acceptable manner so that the transactions contemplated hereby be carried out as originally contemplated to the fullest extent possible.
PO Box 29, Port Alfred, 6170
Dawie van Wyk (Chairman) : 082 852 6522
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