TERMS & USE AGREEMENT

General and Acceptance

By using and/or visiting this Parktown North Ratepayers and Residents Association ("PNRA") website ("Website") and/or by using any of the services provided on this Website ("Services"), you signify your unconditional assent to these terms and conditions (the "Terms of Use" or "Agreement"). If you do not agree to any of these terms, then please do not use this Website. You are authorized to use this Website only if you agree to abide by this Agreement.

 

The PNRA may modify this Agreement from time to time and such modification shall be effective upon posting of the modification(s) on this Website. You agree to be bound to any changes to this Agreement when you visit this Website after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.

 

Eligibility

By using any Service, you represent and warrant (a) that all registration information you may submit is complete, truthful and accurate; and (b) that you will maintain the completeness, truthfulness and accuracy of any such information.

 

Provided Services

The PNRA assumes no responsibility for any failure in providing any Services provided, or purported to be provided, on this Website . The PNRA may change, suspend or discontinue any or all of the Services or any content, or part thereof, of this Website for any reason, at any time, at its sole discretion. The PNRA may also impose limits on all or any of the Services or restrict your access to parts or all of the Services without notice or liability.

 

Activities and Conduct

You accept sole responsibility for all of your activities using the Website, including your conduct on the site and any and all content you may submit post or share via the Website.

 

You are prohibited from using this Website for any unauthorized or unlawful purpose. You are responsible for ensuring that you do not violate any laws, including but not limited to copyright laws.

 

The PNRA is apolitical and therefore you shall not use this Website in any way whatsoever for any political purpose or advance any political cause.

 

You shall not directly or indirectly introduce on this Website, any viruses, worms or any other destructive code. Further, you acknowledge that any  defamatory or harassing content authored by you will remain your sole responsibility, and PNRA shall not be liable for any such publication.

 

Third Party Services

The PNRA shall not have any responsibility or liability with regard to any third-party services used by you on or through this Website, and no endorsement of such services by the PNRA may be implied.

Any use of such third-party services shall be at your own risk. If the Website contains third-party content and links to third-party websites, you expressly indemnify the PNRA from any and all liability arising from your use of any such content or third-party website.  PNRA does not warrant the accuracy, truthfulness or completeness of any third-party information on any such website as provided to the PNRA by such third party, and PNRA any and all liability in relation thereto.

 

Website Access

Access to some features of this Website by a user thereof, may require said user to create an account. You are prohibited from unauthorised use of someone else's account.  If you create an account, you agree to provide accurate, truthful and complete information.

Intellectual Property Rights

The PNRA remains the owner of all intellectual property created by it on this Website.  You agree not to infringe the copyright, and any other applicable intellectual property rights which vest in the PNRA or any third party.

 

Specific Prohibited Uses

You agree not to circumvent, disable or otherwise interfere with security related features of this Website.  Moreover you agree, in particular, that you will not (a) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or an entity; (b) make available any material that you do not have a right to make available under law or under contractual or fiduciary relationships; (c) make available any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation; (d) engage in "spamming", or engage in unethical or unlawful marketing, advertising, or any other practice connected in any way to "spam".

Warranty Disclaimer & Limitation of Liability

You agree that your use of this Website shall be at your sole risk. The PNRA, its management committee, officers, directors, and agents disclaim all warranties, express or implied, in connection with this Website, and in connection with your use thereof. The PNRA makes no warranties or representations regarding the accuracy or completeness of the content of this Website or the content of any sites linked to this Website. In no circumstances shall the PNRA, its management committee, officers, directors, or agents, be liable for any loss or damage whatsoever incurred as a result of the content of, or access to, or use of, this Website and claims in that regard are waived by you. The PNRA does not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party through the Website.

 

Indemnity

You agree to indemnify and hold harmless the PNRA, its management committee, officers, directors, and agents against any claims resulting from your use of the Services in respect of any damage of any nature whatsoever which may be suffered by you or any other party.

 

You agree to indemnify and hold the PNRA, its management committee, officers, directors, and agents harmless from and against any and all claims, damages (direct or indirect), obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) the PNRA may suffer or incur arising from or in connection with: (i) your use of, and access to, this Website; (ii) your violation of any term of these Terms of Use; or (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right. 

Severability and Waiver

If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and the PNRA’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

Governing Law and Jurisdiction

You hereby irrevocably and unconditionally consent to the non-exclusive jurisdiction of the South Gauteng High Court, Johannesburg, South Africa (or any successor to that division) in regard to all matters arising from the use of this Website (a "Dispute").  You agree that the South Gauteng High Court, Johannesburg, South Africa (or any successor to that division) is the most appropriate and convenient court to settle Disputes and accordingly you will not argue to the contrary.

The above paragraphs are for the benefit PNRA only.  As a result, the PNRA Party shall not be prevented from taking proceedings relating to a Dispute in any other courts or legal forum with jurisdiction.  To the extent allowed by law, the PNRA may take concurrent proceedings in any number of jurisdictions.

The PNRA chooses its physical address stated in the Contact page of the Website as it domicilium citandi et executandi at which documents in legal proceedings in connection with this Website may be served.

You choose any physical address provided by under or in connection with the use of this Website as your domicilium citandi et executandi at which documents in legal proceedings in connection with this Agreement and your use of the Website may be served.

Parktown North Residents' & Ratepayers' Association: Updated, September 2019

PARKTOWN NORTH - A COMMUNITY IN ACTION

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