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Terms and Conditions

 

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