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Terms of Use

Terms of Use – ickabogkompetisie.co.za

These terms set out the terms of use on which you may access and use the website www.ickabogkompetisie.co.za (the “site”) (the “Terms of Use”). Please read the Terms of Use carefully before you start to use the site. By using the site, you indicate that you accept these Terms of Use and that you agree to abide by them. If you do not agree to the Terms of Use, please refrain from using the site.

In these Terms of Use, expressions beginning with a capital letter usually have a specific meaning that is defined in these Terms of Use.

INFORMATION ABOUT THE COMPANY

www.ickabogkompetisie.co.za is a site operated by LAPA Publishers, a division of Penguin Random House South Africa (Pty) Ltd (the “Company”). The Company is a private company with the registration number 1953/000441/07. The physical address of the Company is: 380 Bosman street, Pretoria, Gauteng, South Africa. Please note that this is not an address to which you should send fan mail.

ACCESSING THE SITE

You will need an internet connection and a browser to access the pages on the site and to use the features we provide. Access to the site is permitted on a temporary basis, and the Company reserves the right to withdraw or amend the site without notice (see below). The Company will not be liable if for any reason the site is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to the site. You are also responsible for ensuring that all persons who access the site through your internet connection are aware of these Terms of Use, and that they comply with them.

If you are a parent or guardian and provide your consent to your child’s use of the site, you are agreeing to be bound by these Terms of Use in respect of your child’s use of the site.

INTELLECTUAL PROPERTY RIGHTS

The Company is the owner or the licensee of all intellectual property rights in the site, and in the content published on it. Those works are protected by RSA and international copyright and other intellectual property laws. All such rights are reserved.

The brands and trademarks appearing on the site are owned by the Company and its licensors. No permission is given in respect of the use of any of these brands or marks, and any such use may constitute an infringement of the holder’s rights.

For all content on the site, in general, you are not permitted to distribute, disseminate, reproduce or publish in any way any of the content that appears on the site unless you have first obtained the Company’s written permission to do so but you may share links for personal, non-commercial purposes, but always in accordance with these Terms of Use.

In some limited circumstances, the Company may choose to permit the reproduction or publication of content where it feels that this does not harm the business or its values and does not negatively affect J.K. Rowling (and the Company’s decision on this shall be final). Apart from that, none of the content on the site may be republished, posted, transmitted, stored, sold, distributed or modified without the Company’s prior written consent and any use without consent may constitute an infringement of the holder’s rights. In any case, you are not in any circumstances permitted to: (a) make commercial use of any such content; (b) edit any such content; or (c) remove, obscure or otherwise tamper with any copyright and proprietary notices that relate to or are contained within the content.

J.K. Rowling’s status (and that of any identified contributors) as the author of the content on the site must always be acknowledged.

RELIANCE ON INFORMATION POSTED

Any commentary and other content posted on the site are not intended to amount to advice on which reliance should be placed. The Company therefore disclaims all liability and responsibility arising from any reliance placed on such content by any visitor to the site, or by anyone who may be informed of any of its contents.

THE SITE CHANGES REGULARLY

The Company’s aim is to update the site regularly, and may change the content at any time. If the need arises, the Company may suspend access to the site, or close it indefinitely. Any of the content on the site may be out of date at any given time, and the Company is under no obligation to update such content.

THE COMPANY’S LIABILITY

The content displayed on the site is provided without any guarantees, conditions or warranties as to its accuracy or availability. To the extent permitted by law, the Company and third parties connected to it hereby expressly exclude:

(a) all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and

(b) any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the site or in connection with the use, inability to use, or results of the use of the site, any websites linked to it and any content posted on it, including: loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill;

in each case whether caused by tort (including negligence), breach of contract or otherwise.

This section does not affect the Company’s liability for death or personal injury arising from its negligence, nor the Company’s liability for fraud or fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law.

INDEMNITY

You agree only to use the site in accordance with the Terms of Use. You agree that you will compensate us (and our employees, agents and suppliers) in full for any damages, losses, costs and expenses, including reasonable legal fees we incur that arise out of any breach by you of these Terms of Use or any liability we incur as a result of your use of the site and/or any other services we provide.

VIRUSES, HACKING AND OTHER OFFENCES

You may only use the site (and any information and content obtained from it) lawfully and only for the purposes for which it has been provided and in accordance with these Terms of Use.

You must not misuse the site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious, technologically harmful or disruptive. You must not attempt to gain unauthorised access to the site, the server on which the site is stored or any server, computer or database connected to the site or otherwise circumvent any technological security measures. You must not attack the site via a denial-of-service attack or a distributed denial-of service attack.

Except as permitted under these Terms of Use or applicable law, you must not copy, modify, reproduce, disassemble, broadcast, sublicense, republish, transmit, publicly perform, display or make available, remove, alter, adapt, sell, exploit, create derivative works from, or distribute our content or trade marks or any content or trade marks owned by our commercial partners unless you have their explicit permission. You must not use or access the site in any other unlawful manner and/or restrict or inhibit any other user from using and enjoying the site. In the event of a breach of the terms of this paragraph, your right to use the site will cease immediately.

The Company will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the site or to your downloading of any material posted on it, or on any website linked to it.

LINKING TO THE SITE

You may link to the home page of the site, provided you do so in a way that is fair and legal and does not damage the Company, or J.K. Rowling’s reputation or take advantage of any of them, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement where none exists.

The homepage must not be framed on any other site, unless the Company expressly agrees otherwise. The Company reserves the right to withdraw linking permission without notice.

If you wish to make any use of content on the site other than that set out above, please address your request to lapa@lapa.co.za. Please note that this is not an email address to which you should send fan mail or any artwork.

LINKS FROM THE SITE

Where the site contains links to other sites and resources provided by third parties (including third party social media platforms), these links are provided for your information only. The Company does not review those third party websites, nor does the Company have any control over the contents of those sites or resources. The Company does not endorse or make any representations about the third party websites, or any products, services or content found there, or any consequences that may result from using them. The Company therefore accepts no responsibility for the sites or for any loss or damage that may arise from your use of them. If you decide to access any of these third party websites, you do so entirely at your own risk.

If you use a linked site, any personal information you give the site operator or cookies that you consent to receiving will be dealt with in line with their privacy and cookies policy, not ours, so please ensure that you read their terms and conditions and privacy and cookies policy before you use their site and provide them with any personal information or consent to receiving cookies on their site.

If you are the copyright owner of content hosted on a third party website, and you have not authorised the use of your content, please contact the administrator of the hosting website directly to have the content removed.

THIRD PARTY SOFTWARE

You acknowledge that you may need to download and activate certain software developed by third parties in order to use certain content provided on the site.

In order to use such third party software or technology you may have to accept the terms of a licence agreement with that third party. You acknowledge that we have no responsibility or control over such third-party software, and make no representation, warranty or guarantee regarding the installation, use, availability or effectiveness of such software.

JURISDICTION AND APPLICABLE LAW

The Company is subject to following the following regulations and legislations:

  • the Consumer Protection Act 68 of 2008 relating to any products sold by the Company through its website; and
  • the Electronic Communications and Transactions Act 25 of 2002 relating to the Company s payment systems and security; and
  • the Personal Information Protection Act 4 of 2013, relating to personal information obtained through the use of the website; and
  • the Copyright Act 98 of 1978 relating to this website and any products sold by the Company through its website; and
  • the Trademark Law 194 of 1993 relating to this website and any products sold by the Company through its website; and
  • the Constitution 108 of 1996 in general.

This website is stored, controlled and operated from the Republic of South Africa and is therefore subject to South African law. South African Law will apply to any possible dispute, transaction, or interpretation of these terms and conditions.

Parties further agree to the exclusive jurisdiction of the Magistrate's Court in Pretoria, Gauteng, South Africa, regardless of where a dispute or transaction arises, or the where the website is stored.

WRITTEN COMMUNICATIONS

When using the site, you accept that communication with us will be by posting notices on the site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.

VARIATIONS

The Company may revise these Terms of Use at any time by amending this page. See the end of these Terms of Use for details of the date when they were last updated. We may notify you of such changes by posting a copy of the revised Terms of Use on the site. Each time you use the site, the version of these Terms of Use in force at that time will apply to your use of the site at that time.

OTHER IMPORTANT TERMS

If any part of these Terms of Use is found to be unenforceable as a matter of law, all other parts of these Terms of Use shall not be affected and shall remain in force. For the avoidance of doubt, should these Terms of Use or any part of them be deemed void or voidable, this shall not affect the validity of any licence provided under these Terms of Use.

These Terms of Use govern our relationship with you and represent our entire agreement with you in relation to the site.

Subject to the above, we and you each acknowledge that, in entering into an agreement under these Terms of Use, neither you nor we have relied on any representation, undertaking or promise given by the other or implied from anything said or written in negotiations between you and us prior to such agreement except as expressly stated in these Terms of Use.

This agreement is personal to you. You may not assign, transfer, sub-license or otherwise dispose of any of your rights under these Terms of Use.

If you breach these Terms of Use and we choose to ignore your breach, we will still be entitled to exercise our rights and remedies at a later date or in any other situation where you breach these Terms of Use again.

These Terms of Use do not create any right enforceable by any person who is not a party to this agreement.

FURTHER INFORMATION AND HOW TO CONTACT US

If you have any questions above the information in these Terms of Use, or would like further information, please feel free to contact us (please note that this is not an address to which you should send fan mail):
LAPA Publishers, a division of Penguin Random House South Africa (Pty) Ltd 380 Bosman Street

Pretoria

South Africa

0001

Terms last updated on 1st of September 2020

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