TERMS AND CONDITIONS
THE CRIME WALL USER TERMS AND CONDITIONS
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.
- 6.1 You are obligated to provide accurate and current personal information such as your full name/s, email address and telephone number when registering as a Registered User or Registered Company and to update your information if it changes.
- 6.2 The owner of The Crime Wall is committed to ensuring that any personal information submitted on the Website is treated with the utmost privacy and that it has reasonable safeguards in place to protect Registered User's personal information when such information is submitted, accessed, stored or handled on the Website. The Crime Wall undertakes never to use, sell or make available Your personal information to any third party unless compelled to do so by law or with Your prior written consent.
- 6.3 The owner of The Crime Wall will provide Registered Users and Registered Companies access to their personal information to view and/or update personal details. Upon request, the owner of the Website will remove Your personal information from its records, provided that You have verified Your identity to The Remembrance Wall To request a cancellation, Registered Users and Registered Companies must send an e-mail to the following email address: [email@example.com]
- 6.4 By accepting these Terms and Conditions You consent to the owner of The Crime Wall keeping your personal details for a period of 5 (five) years from the time that You provide such personal details.
- 6.5 The owner of the Website shall notify You of any unauthorised or unlawful use, disclosure and/or processing of any personal information belonging to You which The Crime Wall may become aware of.
- 6.6 By accepting these Terms and Conditions You agree and consent to the owner of The Crime Wall using Your personal information for marketing and promotional purposes and disclosing it to mailing houses in order to send You information about the Website and Advertisements on the Website. Should You not wish to receive any marketing and promotional information about the Website You will have to right to opt-out of receiving any further marketing material by notifying the owner of The Crime Wall in writing using the email address provided in clause
- 6.7 The Crime Wall gathers and will be in possession of Users' information which may be automatically provided via "cookies". This information is gathered to better Your browsing and interaction with the Website. Cookies cannot harm Your computer or carry viruses. The Website may utilise "cookies" and other technologies for data analysis and potential personalisation of the Website. These technologies may be used to store and collect information relating to Your use of the Website. You can set Your browser to notify You when You are sent a "cookie", giving You the chance to decide whether or not to accept it. If You do accept a "cookie", You thereby consent to the owner of the Website using any of Your information collected by the owner of the Website using that cookie. Such use shall be limited to use for marketing, compiling statistics and to provide You with better access to the Website.
7 COPYRIGHT AND INTELLECTUAL PROPERTY
- 7.1 For the purposes of these Terms and Conditions “Intellectual Property” shall mean collectively, patents, copyright, trademarks, designs, models, know-how, inventions, trade and business secrets and any other type of intellectual property (whether registered or unregistered including applications for and rights to obtain, use or for the protection of same).
- 7.2 The owner of The Crime Wall retains all right, title and interest in and to its Intellectual Property that is used in connection with the Website. The Crime Wall Intellectual Property cannot be duplicated without the explicit permission of the owner of The Crime Wall You undertake, by accepting these Terms and Conditions, not to infringe any Intellectual Property of the owner of The Crime Wall or any Advertiser.
8 CHANGES AND AMENDMENTS
- The owner of The Crime Wall reserves the right to amend these Terms and Conditions from time to time without notification to You. It will be Your responsibility to ensure that You are familiar with any amendments. By continuing to access the Website, You agree to be bound by the latest version of the Terms and Conditions, as published on the Website.
9 LINKS TO THIRD PARTY SITES
- 9.1 The Website may contain links to third party websites solely for the convenience of Users and the inclusion of any third party link do not imply the owner of the Website's endorsement of such sites.
- 9.2 Any links to third party websites or pages are not subject to the control of the owner of the Website and the owner of the Website hall not in any way be held responsible or liable, either directly or indirectly, for the contents, services, use, or inability to use or access any linked third party website or any links contained in a linked third party website.
- By accepting these Terms and Conditions you acknowledge and agree that you have read and understood the general Website Disclaimer and your acceptance of these Terms and Conditions signifies Your agreement with and acceptance of the Disclaimer.
- 11.1 These Terms and Conditions are binding and enforceable against You.
- 11.2 These Terms and Conditions, read with the Registered User Terms and Conditions, Registered Company Terms and Conditions and the Disclaimer, constitute the entire agreement between the You and the owner of the Website. Any failure by the owner of the Website to exercise or enforce any right or provision of these Terms and Conditions shall in no way constitute a waiver of such right or provision.
- 11.3 In the event that any provisions of these Terms and Conditions are held to be invalid, unlawful or unenforceable, it shall be severable from the balance of the Terms and Conditions which shall continue to be of full force and effect.
- 11.4 The owner of the Website may assign or transfer any of its rights and obligations under these Terms and Conditions to any third party at any time.
- 11.5 A breach of any of these Terms and Conditions by You entitles the owner of The Crime Wall to take appropriate legal action against You.
12 APPLICABLE LAW
- These Terms and Conditions are governed by the laws of the Republic of South Africa and You agree to submit to the exclusive jurisdiction of courts located within South Africa.
- 13.1 You agree that your domicilia citandi et executandi ("domicilium") will be the address as set out in the Registration Form that You complete for the purposes of receiving any written notices in respect of these Terms and Conditions. You may, by written notice to the owner of the Website, vary your domicilium to any other address which is not a post office box.
- 13.2 Should you have any questions or queries pertaining to these Terms and Conditions, please contact the owner of the Website at: firstname.lastname@example.org
14 CONFIRMATION OF UNDERSTANDING AND ACCEPTANCE OF TERMS AND CONDITIONS
- 14.1 I have read and understood the Terms and Conditions set out above. I understand that it may affect my rights. I agree to be bound by its terms and the other terms and conditions of use applying to this Website.