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Terms of Use & Conditions of Business |
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Mediacor Solutions ("Mediacor", "us", "we" or "our") a company
registered in South Africa (Registration number CK2002/059619/23),
whose registered address is at 7 Scottbridge Place, Waverley,
Johannesburg, South Africa. |
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1. Acceptance of Terms |
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We have created this website and all associated site materials for
you to access and use subject to your compliance with these website
Terms of Use (the "Terms"). |
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Our Terms govern your use of our website and online services. By
accessing, browsing and using this Site including any services or
downloading any Site Materials, you accept and are bound by these
Terms. If you do not agree to them you are not permitted to access or
use this Site. |
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We may at our sole discretion and without notice, modify or revise
these Terms and you agree to be bound by any such amendment or
revision. |
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2. Definitions |
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"Administrative User" means a designated person
in your company or organisation who will control your Individual
Account and access to the Site and Service. |
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"Organizational License Agreement" means any such
contractual documentation agreed between Mediacor, you and/or an
authorized representative of your organization, which defines the
overall scope, and duration of the Service and Payment for that
Service. |
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"The Content" means content on the Site which
includes without limitation, text, software, scripts, graphics,
photos, sounds, music, videos, interactive features, copyright and
other intellectual property rights, trademarks and logos owned by us
or any third parties. |
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"Service" the provision by us to you of access to
the Content through our website. |
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"Site" the website and its content situated at
www.mediacor.co.za , http://mediacor.co.za/mediacor/student_login.php
or any derative of such URLs, e.g. abc.mediacor.co.za. |
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"Site Materials" means all information, data,
documents (e.g. press releases, datasheets, FAQs etc.),
communications, downloads, files, text, images, videos, webcasts,
tools, resources, products or other content made available or enabled
via this Site by Us or any third party. |
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"Subscription Charge" means any and all payments
made by an individual or organization to Mediacor for the Service. |
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"you", "your", "yourself",
"Individual User" you, the Service end-user. |
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3. Who can use the site |
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As an individual user wishing to access and use the Site for
personal and non-commercial use (the "Individual User")
you may set up a Site account ("Individual Account")
and receive a personal password via your Administrative User. |
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4. Control of site accounts |
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The Administrative User is authorised to set up a general Site
account ("Administrative Account") for your company
or organisation. The Administrative Account will hold and control each
individual account for your company. |
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Notwithstanding you agree that you are responsible for the
activity that occurs on your Individual Account and agree to keep your
password secure. |
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You must notify us immediately of any breach of security or
unauthorised use of your account. You agree that we will not be liable
for any losses you may suffer due to unauthorized use of your
Individual Account, but you may be liable for any losses that others
or we may suffer due to such unauthorised use. |
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The Administrative User shall have full control over your
Individual Account. This means that the Administrative User shall have
the right to: |
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Terminate, close or alter your
Individual Account at any time. |
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To request and receive
computer and Site use information related to your Individual Account. |
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Further you agree that any data related to your Individual Account
may be accessed, collected and delivered to us and/or your
Administrative User and we may in our absolute discretion refuse
permission to any Administrative User or Individual user to access or
use the Site. |
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5. Permitted uses of the site |
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You may only access the Site in accordance with these Terms and
only for personal and non-commercial use. In addition to the general
restrictions in these Terms, the following conditions apply to your
use of the Site and its content. |
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You may only access the Site if you agree: |
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not to share or divulge your
password to anyone other than your Administrative User; |
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not to distribute, copy,
reproduce, transmit, broadcast, display, sell, resell, licence or
otherwise exploit the Site or any part of it in anyway whatsoever; |
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not to alter or modify any
part of the Site; |
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not to use the Site for any
commercial purposes including: |
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sale
of access to the Site; |
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use
of the Site or Site Materials or related services for the purpose of
gaining advertising or subscription revenue; |
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the
sale of advertising on the Site |
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not to use the Site and Site
Material in any way that harms Mediacor or our affiliates,
sub-licensees or distributors; |
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not to use the Site for any
unlawful or immoral purposes or for posting or transmitting of any
unlawful, harmful, threatening, abusive, harassing, defamatory,
vulgar, obscene, racially, ethnically or otherwise objectionable
material of any kind; |
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not to damage, disable,
overburden, or impair the Site or interfere with anyone's use and
enjoyment of the Site; |
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not to use any unauthorised
third-party software or in any way interfere with the technology on
the Site; |
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not to upload files that
contain viruses, worms, corrupted files or other kind of destructive
material; |
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not to damage, disable or
impair the operation of the Site or attempt to gain unauthorised
access to the Site or networks connected to it, by hacking or by any
other such means. |
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6. Payment |
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You, your Administrative User or an authorized person at your
organization must pay the Subscription Charge in advance of the
Service commencing as per any applicable Organizational License
Agreement. Any failure to pay the full amount or in any agreed
timeframe as per such Organizational License Agreement may result in
Suspension, Cancellation or Termination of the Service as per Clause
9. |
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7. Intellectual Property |
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The Content on this Site is protected by copyright, trademark law
and other intellectual property rights. Though we grant you access to
the Site and its Content, you accept and acknowledge that all
copyright, trademarks and other intellectual property rights in the
Site, Content and Service shall remain vested in our licensors or us. |
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8. Your posted content |
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You understand and acknowledge that we do not control or endorse
the posted content that you and others may post on the Site. We do not
claim ownership of any feedback or content that you or other users may
post on to the Site. However by posting or providing content you
hereby grant us and other users of the Site free, unlimited, worldwide
and perpetual permission: |
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to publish your name and the
content posted |
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to use, modify, copy,
distribute and display the content in connection with the Site and
service. |
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You also grant users of the
Site the right to grant these rights to other users. |
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You represent and warrant that you have all necessary rights to
grant the rights outlined above and that the use and publication of
material posted by you on the Site shall not breach any law or any
third party rights. You warrant and represent that your posted content
shall not be illegal, defamatory or immoral. You acknowledge and agree
that we shall not pay you for any content that you post on the Site. |
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By uploading or sending any material to us, whilst you retain
ownership of such material and may continue to use that content
outside the Site, you thereby grant to us an irrevocable,
unconditional, world-wide, royalty free licence to use such material
or any part of it in perpetuity in any and all media and in any manner
we may determine in our sole discretion. Furthermore, you thereby
waive all so-called moral rights or other similar rights in such
material. You agree not to copy, modify, create a derivative work,
reverse engineer, reverse assemble or otherwise attempt to discover
the source code, sell, assign, sub-license, grant a security interest
in or otherwise transfer any right in that content. |
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We reserve the right at our discretion and without any obligation
to remove, delete, modify, edit , exploit or otherwise deal with any
material or content uploaded, or otherwise submitted by you to the
Site including without limitation video, audio, still photographs and
artwork, links, embedded content, data, information, software, text
and personal information. All rights not expressly granted are
reserved to us. |
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9. Suspension, Cancellation and Termination |
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We shall have the right to immediately terminate these Terms
and/or suspend your or your Administrative User's access to the Site
and Service for any reason without notice. We may cancel or suspend
your access to the Site or a portion of the Site for any reason and
without notice, including any breach of these Terms. Further we may
cancel or suspend your access to the Site if during your registration
to access the Site, you provide any information that is untrue,
inaccurate, not current or complete, or we have reasonable grounds to
suspect that such information is untrue, inaccurate, or not current or
complete. In such circumstances we have the right to suspend or
terminate your access to the Site. |
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Data. Upon
termination or cancellation of the Service by you or us for any
reason, we may delete your data permanently from our servers. You are
responsible for taking the necessary steps to back up your data and
ensuring that you maintain your primary means of business. |
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Waiver of rights and
obligations. To the extent necessary to implement the
termination of this contract, each party waives any right and
obligation under any applicable law or regulation to request or obtain
intervention of the courts to terminate this contract. |
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10. Limits of the service |
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You agree that we may establish limits on the Service. For
example, we may limit: |
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the number of days the Service
will retain e-mail messages, message board postings and other content
that we, you or other users may post or provide, |
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the number and size of
messages or material that you may send, post or receive, |
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the maximum storage space on
our servers available to you, |
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the number of users on your
company's Administrative Account or any associated accounts, |
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the number of Individual
Accounts to which an Administrative User may subscribe to via the
Subscription Charge, |
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how long we retain an inactive
Administrative or Individual Account, which we define as one which is
not signed in to for an extended period of time. |
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If you exceed the published
service limits, we reserve the right to cancel your Individual or
Administrative Account preventing access to the Site. |
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11. Third party links and other websites |
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This Site may contain links to third party websites or resources,
which are not controlled by us. You acknowledge and agree that we are
not responsible for the availability or any content on third party
websites. Further you acknowledge and agree that we are not liable for
any damages resulting from any use or transactions related to those
websites. Any link to other website does not amount to an endorsement
by us of that website or the content on that website. |
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12. Changes to these terms and the site |
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We reserve the right to change these Terms, the Site and the
Service from time to time along with your continued use of the Site
and the Service. You shall be deemed to accept any change to the
Terms. You accept and acknowledge that it is your responsibility to
check whether the Terms have changed. If you do not agree with any
change to the Terms, then you must immediately stop using the Site and
Service. |
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13. Registration Data |
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You agree to provide true, accurate, current and complete
information about yourself as prompted by the Site registration form
(the "Registration Data"). If you fail to do so, we have the right to
suspend or terminate your account and refuse any and all current or
future use of the Site or Service (see clause 9 above). |
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14. Limitation of Liability |
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You agree that, except for death and personal injury arising from
our negligence, we shall not be liable in contract, tort, negligence,
statutory duty or otherwise, for any loss or damage whatsoever arising
from or in any way connected with these Terms or the use or
performance of the Service or the Site, including without limitation,
damage for loss of business, loss or reputation, loss of profits,
business interruption, loss of business information, or any other
pecuniary loss (even where we have been advised of the possibility of
such loss or damage). |
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15. Indemnity |
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You agree to fully indemnify and hold Mediacor our officers,
directors, affiliates, subsidiaries, partners, agents, licensors,
licensees, suppliers, employees and representatives harmless and
defend us against all claims, liability, damages, costs and expenses,
including legal fees, made by any third party due to or arising out of
your breach of these Terms, or your violation of any rights of any
third party based on or related to your use of the Site, Service or
Content. |
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16. No Warranty |
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YOUR USE OF THE SITE IS AT YOUR OWN RISK. THE SITE, INCLUDING ALL
INFORMATION, SERVICES AND CONTENT IS PROVIDED ON AN "AS IS" "AS
AVAILABLE" AND "WITH ALL FAULTS" BASIS. We make no guarantee about the
reliability, accuracy or timeliness of the Site, or the Service. We
make no warranties or representations, whether express or implied, in
relation to the Site or the Service, including but not limited to
implied warranties or conditions of completeness, accuracy,
satisfactory quality and/or fitness for a particular purpose. |
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You acknowledge that: |
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a. it is technically impossible to provide the Service
free of faults and that we do not undertake to do so; |
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b. faults may lead to temporary unavailability of the
Service; |
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c. the results that may be obtained from the use of the
Service may include inaccuracies or typographical errors; |
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d. the operation of the Service may be adversely
affected by conditions and performances outside our control, including
without limitation, transmission and telecommunications links between
us and you, between different parts of our network, and between us and
other systems and networks. |
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You further acknowledge that some of the Content, for example
software, is supplied to us by third parties and we offer no warranty
in relation to such Content. |
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We will not be liable to you for failures, defects or delays in
the Service in any circumstances, including without limitation where: |
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a. you have provided incorrect information in
connection with the Site or Service; |
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b. you accidentally erase an element of the Service
provided to you; or |
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c. you fail to comply with the instructions for use of
the Site or Service as explained by us. |
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General provisions |
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17. Entire Agreement |
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The Terms constitute the entire agreement between you and us and
supersedes all previous agreements or versions of these Terms. You
also may be subject to additional terms and conditions that may apply
when you use the Site and Service, or those of any third parties. |
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18. Severability |
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Each provision of these Terms excluding or limiting liability
shall be construed separately, applying and surviving even if for any
reason one or other of those provisions is held to be inapplicable or
unenforceable in any circumstances and shall remain in force
notwithstanding the termination of these Terms. |
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19. Waiver |
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No waiver by us shall be construed as a waiver of any preceding or succeeding breach of any provision. |
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20. Choice of Law and Jurisdiction |
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These Terms shall be governed by the laws of South Africa whose courts shall have exclusive jurisdiction. |
Our Contact Details |
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Office: 7 Scottbridge Place, Waverley, Johannesburg, 2090 |
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Email Address: info@mediacor.co.za |
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Telephone: +27 837870751 |
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VAT number: 4070215001 |
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© 2008-2013, Mediacor Solutions. All rights reserved. Reproduction in whole or in part strictly prohibited |
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