Terms and Conditions

Please familiarise yourself with our terms presented below

TERMS AND CONDITIONS FOR ACCESS AND USE

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING THIS WEBSITE YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE, FROM TIME TO TIME IN OUR SOLE DISCRETION.

 

Copyright Notice

The contents of this website (www.justplainhunting.com) are subject to copyright under the Berne Convention. Subject to what is said below, no part of these pages and documents may be reproduced, stored or transmitted in any form or by any means without prior written consent from Fourth and South (Pty) Ltd (hereafter “we”, “us” or “JPH”) unless such use is allowed in applicable legislation. All reference to “you”, “your” or derivatives of these concepts refer to each particular user of this website from time to time, whether natural or incorporated.

 

  1. Introduction

These terms and conditions (“the Terms and Conditions”) are binding on all persons that access the www.justplainhunting.com website (“the website”) without qualification or exception. By entering the website, the person accessing the website you agree to be bound by and shall be deemed to have accepted these Terms and Conditions, which you acknowledge to have read and understood. If you do not agree to any of the Terms and Conditions, you may not enter, view or make use of the website.

No term or provision contained in this agreement should be interpreted or construed so as to exclude any rights granted specifically by chapter 7 of the Electronic Communications and Transactions Act of 2002 to any natural person who enters or intends to enter into an electronic transaction(s) with us on this website.

Use of the website may, in as much as same is legally allowed, be monitored, tracked and/or recorded.  Anyone using this website expressly consents to such monitoring, tracking and/or recording and the User accepts the onus of proving or disproving, as the case may be, the validity of the monitoring, tracking and/or recording of his/her/its activities.

We may from time to time amend either in whole or in part, these Terms and Conditions without obtaining your prior consent. If you do not agree to such variation, your sole remedy shall be to terminate the access to the website, services, content or uninstall the software if any. Your continued use of this website shall constitute your agreement to the amended Terms and Conditions.

In the event that any provision contained or expressly referred to in this agreement is held to be invalid under any applicable statute, rule of law or jurisprudence, as the case may be, it will to that extent be deemed omitted and it is the express agreement of the parties that you will accept the burden and do all that he can do to ensure that effect is given to the express provisions and/or requirements for the parties having entered into this agreement.

It is the express agreement that the terms of this agreement have been negotiated and accordingly, the contra proferentem – rule shall not be applied in the interpretation of this agreement.

The words “including” and “in particular” are to be construed as being by way of illustration or emphasis only and are not to be construed as, nor shall they take effect as, limiting the generality of any a foregoing words. The eiusdem generis– rule shall accordingly not be applied in the interpretation of such general wording or such specific examples.

 

  1. Eligibility.

You may use the Website only if you can form a binding contract with JPH, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. By using our website or agreeing to these terms and conditions, you warrant and represent to us that you can form a binding contract with JPH. Any use or access to the Website by anyone under 13 is strictly prohibited and in violation of this Agreement.

 

  1. Website Use

You must be a major person to use our website and agree to the terms thereof. You may:

  1. view pages from our website in a web browser;
  2. download pages from our website for caching in a web browser;
  3. print pages from our website;
  4. stream audio and video files from our website; and
  5. the services of our website by means of a web browser,

subject to the other provisions of these terms and conditions.

Save for the above, you may not without our written prior consent –

  1. use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
  2. use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
  3. use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other software that has malicious, contaminating or destructive properties; nor shall you damage, interfere with or intercept any data or information contained on the Website;
  4. conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
  5. access or otherwise interact with our website using any robot, spider or other automated means;
  6. use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing);
  7. interfere with the Intellectual Property or the website’s contents; or
  8. establish a hyperlink, frame, meta-tag or similar reference, whether electronically or otherwise (‘linking’) to this website or any other subsidiary pages;

which consent is at our sole discretion.

We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

The website may contain links to other unaffiliated websites and such links are provided solely as pointers to information on topics that may be useful to users of this website. Since we have no control over the content on such unaffiliated websites, this does not imply any endorsement by us of, or responsibility for, the opinions, ideas, products, information or services offered at such sites or any representation regarding the content at such sites. We expressly disclaim any such endorsement or representation and you access such websites at your own risk and discretion.

In addition to the above, the said third party websites may have a privacy policy or security practices different from this website. As a consequence, it is important to read the policies of those sites before sharing your personal information.

 

  1. Registration

You may be required to register in order to access certain (i) services offered by us, or (ii) areas of the Website, which may be subject to further terms and conditions.

 

  1. Disclaimer

While we continue to take reasonable care to ensure that the content on this website is accurate, the information published on this website, including without limitation text, graphics and links are provided on an “as is” basis. We make no representations or warranties of any kind, whether express or implied, as to the operation of this Website or the accuracy, correctness or completeness of the information included on this site. We reserve the right, in our sole discretion, to correct any errors or omissions in any portion of this website.

Notwithstanding the fact that the website may contain certain tools including software, advice, opinion, statement, information, content or online services, we do not warrant nor do we represent that such tools will be error-free or will meet any particular expectation or standard of accuracy, comprehensiveness, reliability, performance or quality. By virtue of your use of this website you acknowledge that your choice to rely upon any such tools, software, advice, opinion, statement or information shall be at your sole and absolute risk.

We do not, to the fullest extent permissible in law, warrant that this website will be, without limiting the generality of the following, error free or will meet any particular criteria of accuracy, completeness, reliability of information, performance or quality, nor do we make any warranties, whether express or implied, in regard to the website, its contents, accuracy or availability. Without limiting the aforesaid, we do not warrant that the website or any files that may be downloaded from it are free of viruses, worms, trojan horses or any other code that has malicious, contaminating or destructive properties, without limitation.

Any content, opinions or suggestions expressed expressly or tacitly on this website should not be regarded as professional advice and/or our official opinion on the subject matter. In all instances you are advised to seek professional advice from suitably qualified individuals or institutions before taking any course of action relating to the subject matter. Should any calculators be supplied on this website, you acknowledge and specifically agree by virtue of your use thereof that such calculators are for indicative values only and we shall not be responsible or liable for any inaccuracies or miscalculations arising out of defects or incorrect use.

We and our holding companies, affiliates, shareholders, officers, directors, employees, servants, agents, consultants or employees (in whose favour this constitutes a stipulatio alteri (a stipulation for the benefit of another)) shall not be liable for and you hereby indemnify us and our holding companies, affiliates, shareholders, officers, directors, employees, servants, agents, consultants or employees (on whose behalf and in whose favour this indemnification constitutes a stipulatio alteri) against any direct, indirect, special, incidental, consequential or punitive damages or loss of any kind whatsoever or howsoever caused (whether arising under contract, delict or otherwise and whether the loss was actually foreseen or reasonably foreseeable) arising out of your use of this website or the online services or the information contained on this website or your inability to use this website or the online services.

Without derogating from the generality of the above, we will not be liable for:

  • Any interruption, malfunction, downtime or other failure of the website or online services, our system, databases or any of its components, for reasons beyond our control;
  • Any loss or damage with regard to customer data or other data directly or indirectly caused by malfunction of our system, third party systems, power failures, unlawful access to or theft of data, computer viruses or destructive code on our system or third party systems; programming defects;
  • Any interruption, malfunction, downtime or other failure of goods or services provided by third parties, including, without limitation, third party systems such as the public switched telecommunication service providers, internet service providers, electricity suppliers, local authorities and certification authorities; any event over which we have no direct control.

 

  1. Intellectual Property

The contents of the website are subject to copyright under the Berne Convention. Subject to what is said below, no part of these pages and documents may be reproduced, stored or transmitted in any form or by any means, other than for educational purposes or personal use, without prior consent from us.

The website is owned by us and you acknowledge that we or our licensors are the proprietors of all intellectual property subsisting in, pertaining to or used on the website, including, without limitation, copyright, trademarks, patents, inventions, goodwill and trade secrets (“the Intellectual Property”). In addition, the works of authorship contained in the website, including but not limited to all design, text, sound recordings and images are owned, except as otherwise expressly stated, by us.

The material is used for considering use of the online services and for no other commercial purposes. Any reproduction of our proprietary material from this site or portion of it, must be authorised by us in writing beforehand. The logos and trademarks shown on this website are our registered and unregistered trademarks, or that of third parties.

Nothing on this website should be construed as granting any licence or right to use any trademark without our prior written permission and/or that of third parties, as the case may be. You may not, without our prior written consent, use our Intellectual Property or that of third parties for any purposes whatsoever.

 

  1. Advertising And Sponsorship

Part of this website may contain advertising and sponsorship. Advertisers and sponsors are responsible for making sure that the material they give us to include on the website keeps to the relevant laws and codes. We will not be responsible for any mistakes or inaccurate information in advertising material.

 

  1. No Warranties

All the information appearing on this site is provided without a representation or warranty whatsoever, whether expressed or implied, and we disclaim any liability to you in this regard. Without derogating from the content of these terms, we make no representations or warranties regarding the accuracy, functionality, fitness for purpose or non-infringement in connection with this site and disclaim all liability in this regard, nor do we warrant that the website or online services will be error-free.

 

  1. Your liability towards us

You shall be liable to us for any liabilities, losses or expenses incurred by us as a result of your breach of any of these terms.

 

  1. Our liability towards you

To the maximum extent allowed in terms of applicable legislation you specifically agree that any liability we may be found to have towards you will be limited to the higher of the transaction value or R50.00 (fifty Rand), whichever is the highest and you accept the onus of proving the validity of this provision.

Information transmitted through an unsecured link over the internet, including email, is subject to potential unlawful access or monitoring. As a consequence, you accept that we cannot be held liable for any loss or damage suffered by you as a result of unlawful activities by unscrupulous persons, since we cannot prevent such behaviour.

This website may be unavailable from time to time due to routine maintenance, emergency repairs or because of the unavailability of electricity, telecommunication systems or networks. You specifically waive any claims you may have against us where such instances occur and in any event you are required to make use of any of our alternative available services to restrict any damages you may incur.

 

  1. Fees

By virtue of your use of this website you may acquire or use services offered thereon, which services may be subject to fees and charges. All applicable fees and charges due per our product offering from time to time are specifically incorporated into this agreement and you hereby authorise us to charge such fees and charges against your nominated and chosen bank account.

 

  1. Capacity to enter into agreements

You hereby warrant to us that you have the required legal capacity to enter into and be bound by these terms and conditions.

 

  1. Instructions appearing to have been sent by you

By virtue of your use of the website it means that we do not have a personal interaction with you. Accordingly, unless you notify us in advance to the contrary we will effect an instruction submitted by you on the website and you herewith authorise us and acknowledge that we shall rely on and perform all instructions that appear to originate from you.

 

  1. Governing Law

The Terms and Conditions and your use of the website shall be governed by and construed in accordance with the laws of the Republic of South Africa.  You irrevocably and unconditionally consent to the jurisdiction of the courts of the Republic of South Africa in regard to all matters arising from these Terms and Conditions or your use of the Website, in particular you consent to the jurisdiction of the High Court, irrespective of the value of or jurisdiction in which the cause of action or a portion thereof may have occurred.

Use of this Website will at all times be deemed to have occurred in Pretoria, South Africa, unless the contrary can be proven and you accept the onus of proving or disproving this assumption, as the case may be.

Should we be required to institute legal action or process against you to enforce our rights, whether set out herein or available to us under applicable laws, without limitation, you agree upon being ordered to do so to pay our legal costs incurred on an attorney and client scale.

 

  1. Address for legal services

All legal notices to us relating to products must be delivered to the address as provided for below. Where such address is not specified, such notices must be sent to our Registered Office.

We may send you legal notices to any of the addresses you have specified on any of your application/registration forms with us or at the address you actually work or live.

Our address for any legal notice is:

Fourth and South (Pty) Ltd

48 Marigold Ave, Newlands, Pretoria

Contact: info@fourthandsouth.co.za

Any other communications regarding this website should be addressed to info@fourthandsouth.co.za

 

  1. Privacy Policy

We are committed to maintaining the privacy and security of our customers’ personal and private information (“customer information”) submitted to us via this website. We urge you to take the time to read our Privacy and Security policy, which outlines our practices and commitment to you the customer in this regard.

 

  1. Violation and Waiver

Should you violate these Terms and Conditions or any other rights which we may legally have, we reserve the right to pursue any and all legal and equitable remedies against you.

In the event that we elect not to enforce any right or provision contained or provided for in these Terms and Conditions, you agree that this election does not constitute a waiver of such right or provision or of any other rights or provisions in these Terms and Conditions.

In the event that we are compelled to approach a competent Court, Tribunal or Forum, as the case may be and judgment/an order is made in favour of us, we shall be entitled to recover the legal costs we have incurred in obtaining such judgment/order on the attorney and client scale.

 

  1. General

The ‘cooling-off’ rights, as set out in section 44 of the Electronic Communications and Transactions Act 2002, do not apply to any financial services or transactions conducted by way of Internet banking.

No indulgence, extension of time, waiver or relaxation of any of the provisions or terms of this agreement which we may show, grant or allow you or failure or delay by us to exercise any of our rights will operate as an estoppel against us or constitute a waiver of any such right. We shall not thereby be prejudiced or stopped from exercising any of our rights against you which may have arisen in the past or which might arise in the future. If any of these terms, conditions or provisions are held to be illegal, invalid, unlawful or unenforceable, the term, condition or provision will be ineffective to the extent of such prohibition or unenforceability and shall be treated as if it were not written and deleted from this agreement without invalidating the remaining terms, conditions and provisions of this agreement.

Where any dates or times need to be calculated in terms of the conditions, the international standard time: GMT plus two hours shall be used.

Privacy and Security policy

At www.justplainhunting.com (“we” or “our”) we respect your privacy and your personal information and for this reason, we take all reasonable measures, in accordance with this Policy, to protect your personal information and to keep it confidential, even when you are no longer our customer. We also know that you expect a high level of privacy and security for the personal information that you have shared or intend sharing with us.

This Privacy Policy governs the manner in which we treat your personal information collected electronically when you use our website, apply online for certain products and services, contact us electronically or register for one of the services offered on the website and the circumstances under which we will share it with third parties.

 

Collecting and Using Information

  1. Personal Information We Collect Online

Personal Information means personally identifiable information such as information you provide via forms, surveys, applications or other online fields including name, postal or email addresses, telephone, fax or mobile numbers, or account numbers.

 

  1. How we collect your personal information

Whenever you use this website, complete an application form, contact us electronically, or use one of the services or facilities offered by us or any affiliate party, we will collect your personal information.

 

  1. How We Use Personal Information

We may use Personal Information:

  • to respond to your inquiries and fulfil your requests;
  • to inform you about important information regarding the website, products or services for which you apply or may be interested in applying for, or in which you are already enrolled, changes to terms, conditions, and policies and/or other administrative information;
  • to deliver marketing communications that we believe may be of interest to you, including, ads or offers tailored to you;
  • to personalise your experience on the website;
  • to allow you to apply for products or and evaluate your eligibility for such products or services;
  • to verify your identity and/or location in order to allow access to your accounts, conduct online transactions and to maintain measures aimed at preventing fraud and protecting the security of account and Personal Information;
  • to allow you to participate in surveys and other forms of market research, contests and similar promotions and to administer these activities. Some of these activities have additional rules, which may contain additional information about how Personal Information is used and shared;
  • for business purposes, including data analysis, audits, developing and improving products and services, enhancing the website, identifying usage trends and determining the effectiveness of promotional campaigns;
  • for risk control, for fraud detection and prevention, to comply with laws and regulations, and to comply with other legal process and law enforcement requirements;

 

  1. Why and how we collect and use personal information

In order to make your use of this website and all products and services offered on this website as successful and pleasurable as possible, it is necessary for us to find out exactly what you need and want from us. We amongst others collect your personal information to identify you, in order for us to process your instructions or requests and/or to ensure that we meet your needs.

If at any stage, after you have given us your consent, you no longer wish us to use or share your personal information with an affiliate party; you may at any stage withdraw your consent.

 

  1. When we share your personal information

The only instances in which we are permitted to disclose personal information is when it is:

  • Required by law;
  • Necessary to reasonably protect our interests;
  • In the public interest; or
  • Credit reference agencies

 

  1. Security

To protect Personal Information from unauthorised access and use, we use security measures that comply with applicable local and even international laws and best practice.  These measures may include device safeguards and secured files and buildings as well as oversight of our third party service providers to ensure information remains confidential and secure.

 

  1. Making sure information is accurate

Keeping your account information accurate and up to date is very important. If your account information is incomplete, inaccurate or not current, please use the Contact Us option on our Website, or call or write to us at the telephone numbers or appropriate address for changes listed on your account statements, records, online or other account materials.

 

  1. Protecting children’s privacy online

The website is not directed to individuals under the age of eighteen (18), and we request that these individuals do not provide Personal Information through the Website. Children under the age of 18 years should obtain their parent or guardian’s consent before providing / submitting any personal information about themselves on the website.

 

  1. Cookies

You agree that we will be entitled to send “cookies” from this website to your computer. We use the word “cookie” to refer to information that is sent from this website to your hard drive, where it is saved and contains information to personalise your experience on this website. In this way, the next time you use this website we will know who you are and that you have visited this website before.

 

  1. Updates to this Privacy Policy

This Privacy Policy is subject to change without notice to you. Please review it periodically. If we make changes to the Privacy Policy, we will revise the “Last Updated” date at the top of this Notice. Any changes to this Notice will become effective when we post the revised Notice on the Website. Your use of the Website following these changes means that you accept the revised Notice.

 

  1. Governing Law

This Privacy Policy shall be governed by and construed in accordance with the laws of the Republic of South Africa.  You irrevocably and unconditionally consent to the jurisdiction of the courts of the Republic of South Africa in regard to all matters arising from this Privacy Policy, in particular you consent to the jurisdiction of the High Court, irrespective of the value of or jurisdiction in which the cause of action or a portion thereof may have occurred.

Use of the Website where this Privacy Policy is hosted will at all times be deemed to have occurred in Pretoria, South Africa, unless the contrary can be proven and you accept the onus of proving or disproving this assumption, as the case may be.  

Should we be required to institute legal action or process against you to enforce our rights, whether set out herein or available to us under applicable laws, without limitation, you agree upon being ordered to do so to pay our legal costs incurred on an attorney and client scale.

USER LICENSE AGREEMENT

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY, PARTICULARLY CLAUSE 6. THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE, FROM TIME TO TIME IN OUR SOLE DISCRETION.

  1. INTRODUCTION

This User Licence Agreement (“Agreement”) is a legal agreement between you, either an individual or a single legal entity (“You” or “you”), and Fourth and South (Pty) Ltd. (“4&S”), owner of the website www.justplainhunting.com. This Agreement governs your use of 4&S’s Services, including any updates and accompanying written documentation provided to you (the “Services”).

  1. ACCEPTANCE

By clicking on the “I Accept” option you agree to be bound by this Agreement, the terms and conditions of which may be amended from time to time. The person accepting these terms and conditions hereby warrants that he or she is duly authorised to accept these terms and conditions and conclude this Agreement on behalf of the person whose details are specified in the Subscriber Application Form.

By clicking the “I Accept” option, this is a symbol of your signature and your assent to all parts of this Agreement, and 4&S hereby grants you a non-exclusive, non-transferable, non-sub-licensable limited and revocable license to use the Products, Software and/or Services (collectively hereafter “Services”) for which you have paid the applicable fees and taxes, if any, and to use the 4&S Services for the sole and exclusive purposes of your personal or internal business purposes. Certain third party code may be provided with the Services. The third-party license terms accompanying such code, and not the terms of this Section, will govern your use of such code. 4&S reserves all other rights to its Services.

If you do not agree to this, do not use these Products, Software and Services (collectively “services”).

  1. DURATION, TERM AND TERMINATION

This Agreement is effective upon any use (including during any Trial Period) of 4&S’s Services and remains in effect until your account is terminated by us, in terms of this Agreement or by you on fourteen (14) calendar days’ written notice to us.

This Agreement automatically terminates if you fail to comply with its terms and conditions (specifically if you fail to make the necessary payment). 4&S reserves the right to refuse or discontinue participation to any user at any time at its sole discretion. You agree that, upon such termination, you will discontinue all use of the Services and that your access rights will immediately terminate.

To the maximum extent permitted in law, the applicable terms of this Agreement will survive the expiration or termination of this Agreement.

  1. YOUR JUST PLAIN HUNTING ACCOUNT

You need a www.justplainhunting.com Account in order to access certain (i) services offered by us, or (ii) areas of the Website. You may create your own www.justplainhunting.com Account, or your www.justplainhunting.com Account may be assigned to you by an administrator. If you are using a www.justplainhunting.com Account assigned to you by an administrator, different or additional terms may apply and your administrator may be able to access or disable your account.

With respect to such registration, we may refuse to grant you, and you may not use, (i) a user name (or email address) that is already being used by someone else; (ii) that may be construed as impersonating another person; (iii) that may belong to another person; (iv) that violates the intellectual property or other rights of any person; (v) that is offensive or (vi) that we reject for any other reason in our sole discretion.

Your user name and password are for your personal use and not for use by any other person. You are responsible for maintaining the confidentiality of any password you may use to access the Website, and agree not to transfer your password or user name, or lend or otherwise transfer your Use of or access to the Website, to any third party. You are fully responsible for all interaction with the Website that occurs in connection with your password or user name. You agree to immediately notify us of any unauthorised use of your password or user name or any other breach of security related to your account or the Website, and to ensure that you “log off”/exit from your account with the Website (if applicable) at the end of each session. We shall not be liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.

If you lose your password, you can reset it only through www.justplainhunting.com’s Forgot Password e-mail validation system.

  1. USE OF SERVICES

The Services and their structure, organisation, source code, and documentation contain valuable trade secrets of 4&S and its affiliates, and accordingly you agree not to (and agree not to allow third parties to) (1) sublicense, lease, rent, loan, transfer, or distribute any aspect of the Services or any derivative thereof to any third party, (2) modify, adapt, translate, or prepare derivative works from the Services, (3) decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Services, (4) extract portions of the software’s files for use in other applications, or (5) remove, obscure, or alter 4&S’s or any third party’s trademarks or copyright or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Services.

  1. YOUR CONTENT IN OUR SERVICES

Some of our Services allow you to upload, submit, store, send or receive content. You retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you stays yours.

To the exclusion of all contradictory provisions in this Agreement and any affiliated agreements associated with the Website, the following rules regarding imagery that can be uploaded on this site will be strictly enforced:

Images and Video (including both live or kill shots) of the following animals may not be placed on our website in any form: Cats (Lion, Cheetah, Leopard, Lynx etc.), Hippo, Crocodile, Rhino, Elephant, Baboon, Jackal! No kill shots of Giraffe are allowed.

4&S strictly reserves the right to remove any such images using its sole discretion without notice to you.

When you upload, submit, store, send or receive content to or through our Services, you give 4&S (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones. This license continues even if you stop using our Services. The Services may offer you ways to access and remove content that has been provided to that Service. Also, in some of our Services, there are terms or settings that narrow the scope of our use of the content submitted in those Services. Make sure you have the necessary rights to grant us this license for any content that you submit to our Services.

You can find more information about how 4&S uses and stores content in the privacy policy or additional terms for particular Services. If you submit feedback or suggestions about our Services, we may use your feedback or suggestions without obligation to you.

  1. BLOG OR FORUM POSTS AND OPINION POLLS

Blog posts, opinion polls and forum boards may, from time to time, be made available on the Website. By you posting or publishing any content or comment on the blog posts, opinion polls and/or forum boards, you –

  1. grant to 4&S a non-exclusive, transferable, sub-licensable, royalty free, irrevocable, world-wide licence to use, publish, disseminate, distribute, reproduce, adapt, and/or sub-licence such content on the Website and/or to any of its affiliated publications and/or Websites and to use the content for, amongst others, its promotional, marketing and research purposes;
  2. acknowledge and agree that while 4&S is unable to review all content posted in the blog posts, opinion polls and bulletin boards, it reserves the right, in its sole discretion, to delete, edit or relocate any such content for any reason;
  3. acknowledge that should you disclose Your personal information in any of the comments posted by you, your personal information may be viewed, collected and/or used by any other party using the Website. In such circumstances, you agree that 4&S shall not be obliged to protect your personal information or any other interest in law or otherwise, and you indemnify 4&S from any loss (whether direct, indirect or consequential) you may suffer as a result of any party being privy to your personal information;
  4. agree that you may use the blog posts, opinion polls and/or bulletin boards only for personal non-commercial purposes.

You further agree not to post or publicise –

  1. any content which may be considered, amongst others, abusive, obscene, defamatory, pornographic or illegal;
  2. off-topic content, or the same content in multiple blog posts;
  3. any graphics, audio or JavaScript files; and
  4. any content that may, in the opinion of 4&S, be seen as (without limitation) solicitation of funds or advertising of goods or services.

You acknowledge and agree that 4&S shall be entitled, in its sole discretion and for any reason, to prohibit you, from posting any comment on the blog posts, opinion polls and/or bulletin boards.

  1. SUBSCRIPTION FEES

In consideration for all the rights derived by you under this Agreement and dependent on the options you have chosen, you may be liable to pay to 4&S each month in advance as contemplated in this clause, the relevant Subscription Fee.

4&S reserves the right to amend the Subscription Fee from time to time by posting notification on the Website or, where it is practicable to do so, use its reasonable endeavours to notify you in advance of any amendment to the Subscription Fee.

You are advised to check, and will be responsible for checking, the prevailing Subscription Fee as posted on the Website from time to time before the commencement of each calendar month. Your continued use of the Services after the aforesaid amendment has been so posted, constitutes your deemed acceptance of the Subscription Fee as modified by the posted changes.

All amounts due to 4&S under this Agreement from time to time shall be:

  1. exclusive of value-added tax, which shall be charged and recovered in addition to such amounts; and
  2. due and payable by you on the earlier of the date of registration or the first calendar day of each month which follows the month during which you entered into this agreement, as the case may be.

Failure to make timeous and proper payment of any amount payable under this Agreement shall, without prejudice to 4&S’s rights, entitle 4&S to suspend your right to access to any of the Services, in 4&S’s sole discretion.

You will make payment to 4&S of all amounts payable in terms of this Agreement free of exchange and without deduction or set-off of any nature. You will in no circumstances be entitled to defer or withhold payment of any amounts due in terms of this Agreement for any reason whatsoever, including but not limited to the unavailability of the Services for a reasonable period of time.

Upon termination of this Agreement you will pay all outstanding monies due to 4&S within 3 calendar days without notice.

This clause shall survive termination of this Agreement.

  1. ACCEPTABLE USE AND CONDUCT

You are solely responsible for your conduct and your data related to the Services. You agree to indemnify, defend, and hold harmless 4&S and its suppliers from any and all loss, cost, liability, and expense arising from or related to your data, your use of the Services, or your violation of these terms.

The Services are made available to you only for the promotion of your personal or business services, which use must be in compliance with all applicable laws, rules and regulations and must not infringe or violate third party rights. Save for the Services contemplated by this Agreement, you may not make commercial use of the Services, including but not limited to selling or distributing the Services to any third party.

Any unauthorised use of any 4&S computer system is a violation of this Agreement and certain local and international laws. Such violations may subject the unauthorised user and his or her agents to civil and criminal penalties.

  1. CONSENT TO COLLECT NON-PERSONAL INFORMATION

The Services may collect certain non-personally identifiable information that resides on your device, including, without limitation, statistics relating to how often it is used, performance metrics relating to the Services, and configuration settings. This information collected will be sent to 4&S and may be used by 4&S without restriction.

When you enter your data during use of the Services, you agree that 4&S may copy and store such data as part of the Services.

  1. CHANGES TO THE SERVICES AND TERMS AND CONDITIONS

4&S reserves the right at any time to modify, suspend, or discontinue providing the Services or any part thereof in its sole discretion with or without notice.

4&S reserves the right at any time to modify this Agreement in its sole discretion, without liability to you. This Agreement, as amended, will be effective upon use of the 4&S Services and effective for all existing users immediately after posting of any amended terms on the justplainhunting.com website. You agree to be bound by this Agreement, as modified. If you do not agree to any changes to this Agreement, you must terminate your account immediately.

  1. INTELLECTUAL PROPERTY

You acknowledge that 4&S or third parties own all right, title and interest in and to the computer source code related to the Services, portions thereof, or software or content provided through or in conjunction with the Services, including without limitation all intellectual property rights. Except for the license granted in this Agreement, all rights in and to the Services are reserved, and no implied licenses are granted by 4&S.

  1. DISCLAIMER OF WARRANTIES

The Services and any third party software and services are provided “as is,” with no warranties whatsoever. 4&S and such third parties expressly disclaim to the fullest extent permitted by law all express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, title, and non-infringement of proprietary rights and any warranties regarding the security, reliability, timeliness, and performance of the products, software and service and such third party software or services.

You understand and agree that you use the Services, and all third party software or services made available in conjunction with or through the Services, at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that results from the use of the Services and such third party software and services.

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you.

  1. LIMITATION OF LIABILITY

Under no circumstances shall 4&S, or its suppliers, resellers, partners or their respective affiliates be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages arising from or related to the Services, whether such claim is based on warranty, contract, tort (including negligence), or otherwise, (even if 4&S has been advised of the possibility of such damages).

Without limiting the foregoing, the total aggregate liability of 4&S, and its suppliers, resellers, partners and their respective affiliates arising from or related to this agreement shall not exceed the amount, if any, paid by you to 4&S for the Services. If the Services are provided without charge, then 4&S and its suppliers shall have no liability to you whatsoever.

The foregoing limitations of liability shall apply whether the damages arise from use or misuse of and reliance on the Services, from inability to use the Services, or from the interruption, suspension, or termination of the Services (including such damages incurred by third parties). Such limitation shall apply notwithstanding a failure of essential purpose of any limited remedy and to the fullest extent permitted by law.

  1. VARIATION OF CERTAIN DEEMING PROVISIONS IN THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT OF 2002

By Using this Website, you agree that these Terms and Conditions (and such terms incorporated herein) create a binding agreement between 4&S and you, even though these Terms and Conditions are wholly or partly in the form of a data message. You agree specifically that:

  1. the Agreement will be treated as if it was concluded at 4&S’s physical address detailed in the general terms of access and use and on the date on which you first entered into this Agreement;
  2. an electronic signature is not required by you or 4&S for purposes of agreeing to these Terms and Conditions. You agree that by using this Website or the Website Content this will be sufficient evidence of Your agreement to these Terms and Conditions;
  3. any data message sent by you to 4&S will be deemed to have been sent from 4&S’s physical address detailed in the general terms of access and use if neither your usual place of business nor residence is located within the Republic of South Africa;
  4. any data message sent by 4&S to you will be deemed to have been received by you at 4&S’s physical address detailed in the general terms of access and use if neither your usual place of business nor residence is located within the Republic of South Africa;
  5. any communication sent to you by an information system programmed to operate automatically on behalf of 4&S will not be a data message attributable to 4&S or authorised by 4&S;
  6. a data message sent by you to 4&S will only be treated as having been received by 4&S when an acknowledgement of receipt is sent by 4&S personally or a person who had authority to act on behalf of 4&S in respect of that data message.
  1. GOVERNING LAW, DISPUTE RESOLUTION AND VENUE

This agreement will be governed by and construed in accordance with the laws of South Africa, without giving effect to any conflict of laws and provisions that would require the application of the laws of any other jurisdiction.

All domestic disputes arising under or relating to this Agreement shall be resolved by final and binding arbitration conducted before a single arbitrator nominated by 4&S. Notwithstanding the provisions governing domestic dispute arbitration, any dispute arising under this Agreement that involves a dispute between 4&S and a person who is neither a citizen nor a resident of South Africa, shall, in 4&S’s sole discretion, be finally settled under the Rules of the South African Arbitration Foundation by one arbitrator appointed in accordance with the said Rules, with such arbitration to be conducted in Pretoria, South Africa.

The administrative expenses, arbitrator fees, and facility charges associated with the arbitration, whether domestic or international, shall be split equally between the parties. Each party shall be solely responsible for its attorney fees, expert witness fees, and other costs, fees, and expenses.

  1. ENTIRE AGREEMENT AND ASSIGNMENT

This Agreement, which incorporates the 4&S Privacy Policy, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of this Agreement will be effective only if in writing and signed by 4&S.

You may not assign or transfer any of your rights or obligations under this Agreement to a third party without the prior written consent of 4&S. 4&S may freely assign this Agreement. Any attempted assignment or transfer in violation of the foregoing will be void from the beginning.

ENQUIRIES

All enquiries to 4&S about this Agreement or the Privacy Policy should be made by e-mailing info@fourthandsouth.co.za