Your attention is drawn to these terms and conditions because they are important and should be carefully noted.
Nothing in these Terms and Conditions are intended to or must be understood to unlawfully restrict, limit or avoid any rights or obligations, as the case may be, created for either You or The Crime Wall in terms of the Consumer Protection Act, 68 of 2008 ("CPA"), to the extent that it may be applicable to You.
- 1.1 The website at www.thecrimewall.co.za ("the Website") is made available by The Crime Wall. These General User Website Terms and Conditions set out below ("Terms and Conditions"), are binding and enforceable against every person who use, access, view or register to this Website or any part thereof, including Registered Users, Registered Companies and Advertisers ("User", "You" or "Your"). You accept and agree that Your use of the Website is dependent on You accepting these Terms and Conditions and by making use of this Website signifies Your agreement with these Terms and Conditions and the Disclaimer.
- 1.2 Should You not agree/accept to be bound by these Terms and Conditions by clicking on the "I Accept" button, You shall be prohibited from using certain functionality on this Website.
2.1 Unless otherwise determined by the context, the following words as used in these Terms and Conditions will bear the meaning assigned to them as follows:
- 2.1.1 "Advertisers" means third parties who advertises products and/or services on the Website by publishing an Advertisement;
- 2.1.2 "Advertisements" means an electronic paid announcement, graphic, picture or worded content published on the Website by Advertisers and which is designed to attract public attention;
- 2.1.3 "Registered Companies" means a company who has completed a Registration Form and who wishes to respond to complaints published against it on the Website. Registered Companies are further bound by the Registered Company Terms and Conditions;
- 2.1.4 "Registered User" means a User who has completed a Registration Form and is registered to access the Website and publish a complaint in accordance with these Terms and Conditions and the Registered User Terms and Conditions;
- 2.1.5 "Registered Company Terms and Conditions" means the terms and conditions applicable to Registered Companies, which are to be read together with these Terms and Conditions and the Registration Form;
- 2.1.6 "Registered User Terms and Conditions" means the terms and conditions applicable to Registered Users, which are to be read together with these Terms and Conditions and the Registration Form;
- 2.1.7 "Registration Fee" means the annual registration fee payable by Registered Users and Registered Companies;
- 2.1.8 "Registration Form" means the online registration form to be completed in order to register as either a Registered User or a Registered Company;
- 2.1.9 "Website Content" means (i) any information, comments; complaints; or remarks regarding products and/or services and/or the quality of products and/or services published on the Website by Registered Users and/or Registered Companies; and (ii) any content, information (including information regarding fraudulent conduct), graphics, advertisements or other materials of whatsoever nature published on the Website by either Registered Companies or Registered Users; and
- 2.1.10 "Users" means any individual user of the Website which may include Registered Users and/or a Registered Companies.
3 REGISTRATION AND REGISTRATION FEES
- 3.1 You are required to register an online profile by completing the Registration Form in order to (i) publish Website Content; (ii) respond to Website Content published on the Website; or (iii) publish Advertisements on the Website.
- 3.2 Upon registering as a Registered User, Registered Company or Advertiser, You will be required to pay an annual Registration Fee. You can view the Registration Fees payable, The Remembrance Wall reserves the right to change and amend the Registration Fees quoted on the Website without notice to you.
- 3.3 After completion of the Registration Form you will be sent an email to verify that the email address You used for registration is controlled by you. You must click on the link sent in the email to be activated as a Registered User, Registered Company or Advertiser. Once Your Registration Fee is either authorised or received by The Crime Wall in its bank account, The Crime Wall will activate your account and provide you with a unique username and password via an email to the email address provided by you.
- 3.4 Payment will be processed via a secure payment system. All transactions are encrypted using appropriate encryption technology. Payment of the Registration Fees must be of the full amount due and payable and no partial payments are accepted by The Crime Wall. The Crime Wall reserves the right to refuse to accept or process payment where it suspects fraud or where the bank declines to authorise a credit card transaction. The Crime Wall accepts no liability which may arise out of a refusal to process such payment.
4 WEBSITE USE
- 4.2 You may only have access to those areas of the Website which are not in the public domain if (i) You are registered as a Registered User, Registered Company or Advertiser; (ii) accepted the Registered User Terms and Conditions, Registered Company Terms and Conditions and/or Advertiser Terms and Conditions; (iii) agreed to the required consents, and (iv) a confirmatory email with a unique password has been issued to you by The Crime Wall
- 4.3 You acknowledge and agree that the Website Content published by You will be accepted and processed by The Crime Wall once the correct username and password have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent.
- 4.4 You agree that, for security purposes, You will refrain from posting your email address or contact number when posting the Website Content on the Website in order to avoid Users to contact You. Such interaction is not governed or endorsed by The Crime Wall.
- 4.5 You are not permitted to establish a link to the Website by way of a hyperlink, frame or any other means, either electronically or otherwise, without The Crime Wall written consent. Such consent is within the sole discretion of the owner of The Crime Wall and may be withheld or granted subject to such conditions as may be specified by the owner of The Crime Wall.
- 4.6 The Crime Wall assumes no responsibility and expressly disclaims any liability for any publications of either the Website Content or any other content on Your social media profile.
- 4.7 It is expressly prohibited for any person, business, or entity to gain or attempt to gain unauthorised access to any page on the Website, or to deliver or attempt to deliver any unauthorised, damaging or malicious code to the Website. Any person who delivers or attempts to deliver any unauthorised, damaging or malicious code to the Website or attempts to gain unauthorised access to any page on the Website shall be held criminally liable, and in the event that The Crime Wall should suffer any damage or loss, civil damages will be claimed.
5 WEBSITE CONTENT
- 5.1 Users, including Registered Users and Registered Companies are expressly prohibited from posting unlawful content, including but not limited to, racist, sexist, insulting, threatening, harassing, aggressive, defamatory, untrue, private, degrading, fraudulent, obscene, indecent or otherwise objectionable material ("Unauthorised Website Content") on the Website. In the event that such Unauthorised Website Content is published on the Website and such Unauthorised Website Content comes to the attention of The Crime Wall it (i) may be removed as provided under paragraph 5.3 below; or (ii) Your membership with the Website may be terminated by The Crime Wall in its sole discretion.
- 5.2 You may not post Advertisements, particularly on the Website "notice board" unless you are a registered Advertiser.
- 5.3 The owner of The Crime Wall attempts to keep Unauthorised Website Content off the Website, however, neither the owner of, The Crime Wall nor its employees, operators, members or representatives filter all Website Content published on the Website. The owner of The Crime Wall nor its employees, operators, members or representatives make any commitment whatsoever to edit and/or update all Website Content nor can it control all (i) Website Content posted on the Website by Users, Registered Users or Registered Companies; or (ii) Advertisements posted by Advertisers. The owner of The Crime Wall nor its employees, operators, members or representatives assume any responsibility and expressly disclaims any liability for any errors or omissions of whatsoever nature or however it may arise in and to the Website Content and Advertisements.
- 5.4 In addition, the owner of The Crime Wall nor its employees, operators, members or representatives review the Website Content for truth or accuracy and do not represent the views, opinions, beliefs or statements of the owner of, The Crime Wall its employees, operators, members or representatives.
- 5.5 You agree that the owner of The Crime Wall may, in its sole discretion (i) remove or edit any Website Content; or (ii) request Registered Users, Registered Companies or Advertisers to remove or edit any Website Content which amounts to Unauthorised Website Content or for reasons pertaining to any applicable law. Notwithstanding the aforementioned, the owner of The Crime Wall nor its employees, operators, members or representatives makes any commitment to do so nor shall it be obliged to do so and disclaims any and all liability which may arise from the Website Content posted or non-use of such editorial control.
- 5.6 You will bear the risk for the Website Content you post. You accept that any Website Content posted on the Website is Your sole and exclusive responsibility and that the owner of The Crime Wall, its employees, operators, members or representatives disclaim any and all liability which may arise from the Website Content posted by You.
- 5.7 You confirm that (i) You are or were a genuine customer of the business or company that You post Website Content about; and (ii) the Website Content is accurate and a true reflection of the service and/or experience You received from the business or company.
- 5.8 You confirm that you have read these Terms and Conditions and that Your Website Content does not contain racist, sexist, insulting, threatening, harassing, aggressive, defamatory, untrue, private, degrading, fraudulent, obscene, indecent or otherwise objectionable material.
- 5.9 You acknowledge that Users, Registered Users or Registered Companies may from time to time post Website Content that may include defamatory, insulting, private, racist, sexist, threatening, harassing, degrading, fraudulent, obscene, indecent or otherwise objectionable material which is prohibited and which may not have been detected by the owner of The Crime Wall or its employees, operators, members or representatives. You agree and undertake not to institute legal action or take any steps against the owner of The Crime Wall, its employees, operators, members or representative in this regard.
- 5.10 Registered Companies acknowledges that Users of the Website may use the Website to post Unauthorised Website Content about Registered Companies. As a Registered Company you undertake not to institute legal action or take any steps of whatsoever nature against the owner of The Crime Wall its employees, operators, member or representatives, as a result of any such Unauthorised Website Content posted on the Website, whether arising from negligence or any other cause whatsoever.