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Access
and Use of Website
This
website located at www.homelinksouthafrica.org
(the "Site") is operated by HomeLink International, South
Africa,trading as International Home Exchange.
HomeLink International, South Africa(referred to as "HomeLink South
Africa") is a licensed affiliate of HomeLink International Associates
(referred to as "HLIA"), an association registered in Brussels,
Belgium.
Your access to and use of the Site is conditional upon your acceptance
of these terms and conditions (which govern your use of the Site), HomeLink
South Africa's privacy policy ("Privacy
Policy") and any other terms and conditions contained on the Site
("collectively referred to as the "Agreement"). Your
use of the Site constitutes your acceptance of the Agreement and any
variations to it.
Unless
otherwise specified, the Site and the material provided on the Site
are solely for promoting services and business operations within South
Africa. If you visit the Site from other locations or countries, you
do so at your own risk and are responsible for compliance with all applicable
local laws.
You are
prohibited from using the Site to post or transmit any unlawful, threatening,
libelous, defamatory, obscene, scandalous, inflammatory, pornographic,
or profane material or any material that could constitute or encourage
unlawful conduct.
Username
and Password
You will be requested to choose a password to access the "Members
only" area of the Site and HomeLink South Africa will allocate
a Username and Password to you. You will be required to use your Username
and Password each time you log on to the Site. HomeLink South Africa
may assume the authenticity of and may act upon any instructions given
by any person who uses your Username and Password.
You must comply with all directions issued by HomeLink South Africa
pertaining to use of your Username and Password. Your Username(membership
Number)will be published in the directory, in both the online and printed
versions, and should be included in all your correspondence with HomeLink
South Africa and other registered members. You must not disclose your
password to any other person and HomeLink South Africa holds you responsible
for keeping your password strictly confidential.
You will be held responsible for all transactions conducted using your
Username and Password including all transactions a third party conducts
using your Username and Password, irrespective of whether you have disclosed
your Username and Password to that third party either intentionally
or through carelessness. You must notify HomeLink South Africa immediately
if you become aware that your Username and Password has been compromised
or that there has been unauthorised use of your Username or Password.
Security of Information
Unfortunately, no data transmission over the Internet is totally secure.
Accordingly, HomeLink South Africa does not warrant and cannot ensure
the security of any information which you transmit to HomeLink South
Africa. Accordingly, any information which you transmit to HomeLink
South Africa is transmitted at your own risk. Nevertheless, once HomeLink
South Africa receives your transmission, it will take reasonable steps
to preserve the security of such information.
Limitation of Liability
HomeLink
South Africa does not warrant that your access to or use of the Site
will be continuous, uninterrupted or totally secure. The Site may not
be available from time to time due to upgrades or maintenance carried
out in relation to the Site.
You acknowledge that disruptions to the operation of the Site may occur
which are outside HomeLink South Africa 's control and which may affect
your access to or use of the Site.
Neither HomeLink South Africa, nor its employees, officers or agents,
will be liable for any loss or damage (including without limitation,
any consequential loss or damage) suffered by you arising directly or
indirectly from your inability to access the Site, your operation of
the Site or in relation to any services offered through the Site.
In no circumstances will HomeLink South Africa be liable to you or any
third party for any indirect or consequential loss arising from damage
caused to your computer or computer files as a result of your use of
the Site or resulting from loss of data, loss of profits or business
interruption even where HomeLink South Africa has been advised of the
possibility of such damages.
Indemnity
You
indemnify and agree to keep HomeLink South Africa, its affiliates, officers,
employees and agents indemnified against all claims, demands, actions,
proceedings, costs, expenses, liabilities and loss suffered by HomeLink
South Africa, directly or indirectly as a result of any breach of your
obligations under the Agreement.
Disclaimer
Your
use of the Site and information on the Site is at your own risk. The
information appearing on the Site is for general information only and
is subject to change. HomeLink Ireland does not warrant that information
contained on the Site is complete, accurate, or up-to-date.
To the extent permitted by law, neither HomeLink South Africa nor its
officers, employees or agents will be liable in any way for any loss,
damage, costs or expenses suffered by you or claims made against you
by reason of your use of the Site or in connection with any services
or information supplied, offered to be supplied or advertised through
the Site.
To the maximum extent permitted by law, all warranties, conditions and
representations about the Site, the accuracy or timeliness of the material
provided on the Site and the services advertised via the Site are expressly
excluded.
Where any legislation implies a condition or warranty, and that legislation
HomeLink South Africa from excluding or modifying the application of,
or its liability under, any such condition or warranty, that condition
or warranty will be deemed included but HomeLink South Africa 's liability
will be limited, to the maximum extent permitted by law, for a breach
of that condition or warranty to one or more of the following: (i) supplying
the services to you again or (ii) the payment of the cost of having
the services supplied to you again.
Neither HomeLink South Africa nor any other party involved in creating
producing, or delivering the Site, will be liable to you for any direct,
incidental, consequential, indirect or punitive damages, costs, losses
or liabilities whatsoever arising out of your access to, or use of the
Site or any linked websites ("Linked Sites").
Site
Content
Copyright
in the Site (including, without limitation, text, graphics, logos, icons,
sound recordings and software) is owned or licensed by HomeLink South
Africa.
You must not reproduce, transmit, distribute, adapt, modify, sell, publish
or otherwise use any of the material on the Site except as permitted
by statute or with HomeLink South Africa's prior written consent.
Trade
Marks
All trade marks and logos on the Site ("Trade Marks") are
owned or licensed by HomeLink South Africa.
You may not use, reproduce or alter the Trade Marks in any manner whatsoever
except with the prior written consent of HomeLink South Africa.
Nothing on the Site will be construed as granting to you or any other
person, any right, title or interest in the Trade Marks.
Linked
Sites
The
Site may contain links to Linked Sites. HomeLink South Africa does not
review, approve, recommend or endorse Linked Sites or the materials
or information on Linked Sites in any way unless, and to the extent
stipulated to the contrary,HomeLink South Africa is not responsible
for the content of Linked Sites. HomeLink South Africa is not responsible
for the content or privacy practices associated with Linked Sites. You
access Linked Sites and use the products and services made available
on Linked Sites solely at your own risk.
Your
Information
You
acknowledge that all information you provide to HomeLink South Africa
including personal information is complete, accurate and current.
It is a condition of the Agreement that your information does not contain
any virus, worm, Trojan horse or other program or material that has
the ability to alter, delay, damage or interfere with the operation
of the Site, is not false or misleading and does not contravene any
law, statute or regulation.
It is a
condition of the Agreement that your information does not contain text,
images or website URLs that promote, either implicitly or explicitly,
any accommodation for holidays or home exchange, that are provided by
individuals, companies or organizations other than HomeLink South Africa
and HomeLink International Associates.
The Privacy Policy governs the manner in which HomeLink South Africa
may use your personal information. You consent to use of your personal
information in the manner set out in the Privacy
Policy.
General
The Agreement
is governed by the laws of South Africa
If any provision of the Agreement is invalid, void or unenforceable,
all other provisions will be separately enforceable and will continue
to be of full force and effect without regard to the invalid, void or
unenforceable provision.
HomeLink South Africa reserves the right to suspend or terminate your
access to or use of the Site, at any time, if you breach any of your
obligations under the Agreement.
January
2005
www.homelinksouthafrica.org
part of www.homelink.org
group of web sites
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