|
|
|
|
| |
|
Welcome to the home of Man.DestinyConnect.com, a website currently located at
www.destinyman.com.
|
| |
|
| Important Notice |
|
Please read these terms of use carefully. Use of this website constitutes the following:-
|
| 1. |
You, the User, acknowledge and understand that by accessing and using this website, you agree to these terms of use. |
| 2. |
Your use of this site and any of the services offered on this website will be subject to the most current version of these terms of use posted on the site at the time of such use. |
| 3. |
When you access, subscribe to or utilise the services offered by us on this website, you are entering into a legally binding and enforceable agreement with us and you are acknowledging that you have read, understood and accept these terms of use. |
| 4. |
If you do not accept these terms of use, you may not use any of the services available via this site. You can do so by clicking on the “NO button”. If however, you agree to these terms unconditionally, you should click on the “YES button” which will make you eligible to be a User of this site. |
| 5. |
We may change any of these terms from time to time without further notice. Such changes will take effect as and when published. Therefore, you should keep up-to-date with their content and read these terms of use at all times prior to using this site since the then current version of the terms will apply to your use. By utilising any of the services offered on this site or concluding any transaction via this site, you indicate that you have done so. |
Should you have any questions regarding this site's terms of use, please send an e-mail to us at feedback@destinyman.com or submit it online from our Contact Us page. |
| Back To The Top |
|
|
| Part A: General Information and Terms |
|
1. General Information
|
|
For your convenience, we have listed below some general information about ourselves:
|
| 1.1 |
"We" are Ndalo Media (Pty) Ltd, and "us" and "our" have a corresponding meaning herein. |
| 1.2 |
Ndalo Media (Pty) Ltd is a private company incorporated in accordance with the laws of the Republic of South Africa with registration number 2007/005856/07. |
| 1.3 |
The managing director of Ndalo Media (Pty) Ltd is Ms K Dhlomo and the Board of Directors of Ndalo Media (Pty) Ltd is available at [insert link to web page containing names of directors]. |
| 1.4 |
Our postal address is PO Box 2077, Lonehill 2062 |
| 1.5 |
Our address of establishment is at Bryanston corner 1st floor, Building B, 18 Ealing Crescent (off Culross road), cnr Main road & Bryanston drive, Bryanston, 2191, South Africa and we will accept service of all legal documents there; |
| 1.6 |
Our telephone and facscimile numbers are Tel: +27 (0)11 300 6700, Fax: +27 (0)11 300 6767 |
| 1.7 |
Our e-mail address is feedback@destinyman.com. |
| 1.8 |
We are members of the following professional bodies: The Online Publishers Association of South Africa whose details can be found at http://www.opa.org.za. |
| 1.9 |
We subscribe to the following codes of conduct: [insert details and web site address at which a copy of such codes can be obtained]. |
| 1.10 |
Our webmaster can be contacted at webmaster@destinyman.com. |
|
|
2. Definitions
|
|
In these Terms of Use:
|
| 2.1 |
Account means your subscription account for use of our services |
| 2.2 |
Content means any information, data, text, software, music, sound, photographs, graphics, video, messages, and tags contained on this website; |
| 2.3 |
Contributor Guidelines means our guidelines for making content contributions to this web site, which is set out here; |
| 2.4 |
ECT Act means the Electronic and Communications Act 25 of 2005; |
| 2.5 |
Privacy Policy means our privacy policy, which is set out here; |
| 2.6 |
Terms of Use means the terms and conditions set out herein; |
| 2.7 |
User means any User of this web site, including any advertiser, subscriber, blogger, member, contributor or other User of the services offered here; |
| 2.8 |
We, us and our means Ndalo Media (Pty) Ltd (and, unless the context indicates otherwise, its owners, employees, suppliers, Internet service providers, agents and affiliates); |
| 2.9 |
You means a User of this website; |
| 2.10 |
The singular includes the plural and vice versa; and |
| 2.11 |
Hyperlinks, which are not operational, will not in any way detract from the validity and interpretation of the Terms; |
|
|
3. General Conditions of Use for this Website
|
| 3.1 |
You agree to use this site in accordance with these terms of use, and all laws, regulations and codes of conduct (including self regulatory) applicable to you and your use of the Internet and the services provided to you on this site, including our Contributor Guidelines. In particular, you agree to use this site only for lawful purposes and in a manner which does not infringe the rights of, or restrict or inhibit the use of or enjoyment of this site by any third party. Furthermore you agree not to use the site in a manner that would bring us, our business and/or any of our affiliates into disrepute. |
| 3.2 |
Please be aware that the Content on this website, including without limitation, as may emanate from our mentorship programme and as may be found in the blogs, forums, chat groups, comment sections and bulletin boards of the website, does not amount to professional advice, diagnosis or treatment of any kind, be it medical, legal, professional, personal or otherwise, and we recommend Users seek their own advice from a professional in their area. If you choose to rely on such content you do so entirely at your own risk and you accept that we will have no liability to you in this regard. We do not generally monitor, edit, control or filter the content posted by our Users. You acknowledge that content submitted to this website by other Users do not necessarily represent our views and that we have not authorised nor endorsed such content. We do not endorse any events, products or services posted, promoted and/or listed by Users on our site and our display of such events, services or products should not be construed as any form of endorsement thereof. All arrangements regarding such events, products and services are to be made directly with the relevant User and are made at your own risk and we, our subsidiaries, officers and employees accept no liability regarding any event, service or product advertised, supplied or otherwise promoted on this site by any third party or any arrangements made in respect thereof, or otherwise incurred in connection with any such events, products or services. |
| 3.3 |
You agree not to use our website for any unlawful purpose, and, specifically, you agree not to post or transfer to our web site (nor include in any message sent to our website) any material that is unlawful or violates any third party’s rights or which is obscene, misleading, inaccurate, defamatory, illegal, in breach of any copyright or other intellectual property right, or damaging to data, software or the performance of our or any other parties’ computer system. You agree to indemnify us in respect of any liabilities, losses, expenses, or other costs whatsoever incurred as a result of a breach of your obligation hereunder, including, but not limited to, any claims made against us by any third party. |
| 3.4 |
We have to protect our business and secure our systems. Consequently, by subscribing to our website you agree that we may intercept and monitor any communication that you may send to or receive via our web site to the maximum extent allowed by law and you understand and agree that we may use, publish and disclose such communications for any lawful purpose. Monitoring may include (without limitation) the filtering of incoming and outgoing electronic data messages to identify, limit and/or prevent the transmission of unlawful or otherwise undesirable material or content. |
| 3.5 |
We reserve the right, in our sole and absolute discretion, without notice to remove any material you have submitted to our website and/or to suspend and/or terminate your subscription, access and/or use of any or all of the services and/or this site at any time without notice, and we will probably do so if you act in breach of these terms. |
| 3.6 |
You acknowledge that the ownership in any intellectual property rights (including without limitation, copyright and patent rights) in the components and features of this site belongs to us, excluding any data, materials, comments, ideas, feedback or suggestions specifically submitted by Users, which will remain vested in such Users. You acknowledge that we also own any intellectual property rights in the compilations, collective works and derivative works created by us which may incorporate the content of Users. Accordingly, no part of this site (including its source HTML code) may be used, transferred, copied or reproduced in whole or in part in any manner other than for the purposes of utilising this site, meaning that you may only display it on your computer screen and print it out on your printer for the sole purpose of viewing its content. If you submit any data, materials, comments, ideas, feedback or suggestions to our website, you grant us an irrevocable, perpetual, worldwide and royalty-free license to use, compile, display, publish, publicly perform, reproduce, distribute, broadcast, lease, adapt, modify and promote such data in any manner of form. |
| 3.7 |
You may only use the trademarks featured in our site for the purpose of displaying this site on your computer screen or printing out this site on your printer in accordance with condition 3(2) above. Any other use of the trademarks without prior written consent is strictly prohibited. |
| 3.8 |
We, our subsidiaries, officers and employees do not make any warranties, representations or undertakings, express or implied, about the content of this site or the services provided on it or about the content of any other website which may be referred to or accessed by hypertext link from this site, and we do not endorse or approve the content of such third party websites. In particular, we disclaim all warranties implied by law and we do not make any representations as to the accuracy, suitability, non-infringement, availability, timeliness, security, completeness or reliability of information contained on this site and we shall not be bound in any manner whatsoever by the information contained on this website, including errors and omissions. Furthermore, we do not represent that this site is free of viruses or bugs or anything else, which may have a harmful effect on any technology or that the site is compatible with all computer systems and browsers. Any material and/or information downloaded or otherwise obtained through the use of this website is thus done at the User's sole discretion and risk and the User is solely responsible for any damage to its computer system or loss of data that results from the download of any such material. |
| 3.9 |
We are committed to protecting your privacy. We will compile and use the information which you give to us to provide you with services and personalise your use and visits of this site. We may also use such information to inform you, the User, about changes in the services we offer and/or about features we think you would find of interest. By giving us this information, you consent to our use of it for these purposes and for the purposes outlined in our Privacy Policy, including for the purpose of processing your requests. For further information regarding our treatment of your personal information, you are referred to our Privacy Policy. |
| 3.10 |
You use our web site at your own risk. We exclude any and all liability that we, our subsidiaries, officers and employees may incur for any losses or claims arising from an inability to access this site or use a service on this site, or arising from any use of this site or reliance of the data obtained from or transmitted using this web site, to the fullest extent permissible by law, even if we, our subsidiaries, officers or employees were negligent or aware of the problem in advance. In no event will we, our subsidiaries, officers and/or employees be liable for any loss of profit, revenues, goodwill, opportunity, business, anticipated saving and/or other direct or indirect or consequential loss of any kind in statute, contract, delict (including negligence and gross negligence) or otherwise arising in connection with your use of this site, save where such liability cannot be excluded by applicable law. |
| 3.11 |
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including attorneys' fees on a party and own client scale, made by any third party due to or arising out of your breach of these terms or the documents it incorporates by reference, or your violation of any law or the rights of a third party. |
| 3.12 |
We also reserve the right, without notice and in our sole and absolute discretion, to make changes to any parts of the site inclusive of changes to these terms of use. It is your sole responsibility to review our terms of use on each occasion prior to making use of this site. If you continue to use this site after our amended terms of use has been posted on the web site, it will constitute a deemed acceptance of such amended terms of use. We specifically reserve the right at any time to change, suspend or discontinue without notice, any service component and/or feature of this web site. |
| 3.13 |
You may be required to choose a User name and a password to register for use of our subscription services. You are responsible for keeping your User name and password secret. You will be required to enter your Username and password every time you want to use one of our subscription services. You indemnify us from and hold us harmless against any loss or damage suffered or liability incurred arising from your failure to keep your account details (such as User names, passwords and access codes) secure or from you permitting anyone else to use your subscription account with us. You accept that you will be liable for all data submitted and transactions concluded on your subscription account. |
|
| Back To The Top |
|
| Part B: Event and Workshop Terms |
4.1 |
Our workshops and events may be subject to additional terms and rules, which will apply in addition to these Terms of Use. In the event of conflict the event or workshop specific terms will prevail. |
| 4.2 |
Attendance at our workshops and events is subject to availability, and is on a first-come; first-served basis, provided that our subscribers may in some cases receive priority booking. |
| 4.3 |
Please make sure that your details are correct before submitting an attendance request to us since it is unlikely that any mistake you make can be rectified later. When submitting a request you warrant and represent that you are over the age of 18 (eighteen) and that you are authorised to make payment in the stipulated manner. We may require reasonably adequate proof of your age, particularly in the event of events for which a minimum age is stipulated by law. |
| 4.4 |
Proof of payment is required to secure your seat. We reserve the right not to accept or process your booking request and we will notify you if this is the case. We will send you a confirmation email to confirm your attendance if we elect to accept your request. We do not guarantee that such confirmation notice will be received by you, or that, if it is received by you, that it will be legible and uncorrupted. |
| 4.5 |
If the attendance price you paid for an event is incorrect, then, irrespective of whether such price was posted on this web site or otherwise communicated to you, we will have the right to cancel your attendance and refund to you the full amount that you paid in respect of such attendance, unless you promptly pay the relevant difference. |
| 4.6 |
If you do not receive a confirmation notice after submitting your payment information, you should confirm with our offices, tel: 011 300 6700 whether or not your request has been received and processed. Only you may be aware of any problems that may have occurred during the booking process. We will not be liable for any losses you may incur if you assume that a booking was not processed because you failed to receive our confirmation notice. |
| 4.7 |
We do not warrant the accuracy of the arrangements for events and workshops displayed on this site and disclaim, to the maximum extent permitted by applicable law, any liability arising from any omissions and inaccuracies pertaining to such display and description. In particular, we disclaim any and all warranties as to the occurrence, suitability or quality of the seating arrangements, performances, venues or events and will not be liable for any claims arising in respect thereof, even if we have acted in a negligent or grossly negligent manner. |
| 4.8 |
No refunds will apply to a cancellation by you of your booking to attend a workshop or an event or to your failure to attend a workshop or event, unless the contrary is expressly stated. You are welcome to contact our office, tel: 011 300 6700 to enquire about any relevant refund that may apply in these instances. |
| 4.9 |
We may refuse admission to workshops and events, alter the programme or arrangements (such as speakers, venue, time etc) for our workshops and events, or even postpone or cancel events in certain circumstances. Unfortunately, we cannot accept any liability should any of the aforementioned occur. Our decisions in this regard are final and no correspondence will be entered into. However, you are welcome to contact our office, tel: 011 300 6700 to enquire about any relevant refund that may apply in these instances. |
| 4.10 |
Admission is not transferable without our prior written approval. |
| 4.11 |
Unless the contrary is stipulated in writing, all events and workshops are provided without warranty of any kind. Without limiting the aforesaid, we do not give any warranties or make any representations regarding the occurrence, timing, suitability, quality or performance of any event or workshop, or in respect of the venue, admission to such venue or the seating arrangements for such venue. |
| 4.12 |
You assume all risks incidental to the workshop or event for which attendance is procured, whether before, during or thereafter. You agree that we will not be liable for any loss or damage you or anyone accompanying you may incur in the course of attending such an event or workshop and that you will indemnify us against any losses, damages, injuries and claims arising in connection therewith. |
|
| Back To The Top |
|
| Part C: Competition Rules |
5.1 |
Unless expressly stated otherwise these terms will apply to all competitions offered on this website. In the event of conflict between these terms and the rules applicable to any specific competition, the specific competition’s rules will prevail. |
| 5.2 |
All competitions offered on this website will be open to residents of South Africa only unless expressly stated otherwise. |
| 5.3 |
Anyone working for us or for the specified competition partner, or for any of our affiliated companies, or for any of our advertising, media or PR agencies, as well as any family members or associates of the aforesaid persons are prohibited from entering a competition offered on this website. |
| 5.4 |
No cash alternative is available to any prize unless expressly stated otherwise. |
| 5.5 |
The closing date for any competition will be as stated. The judges cannot accept responsibility for late entries. |
| 5.6 |
Entrants must also be over 18 years of age. Entrants expressly declare that they are duly authorised to participate in the competition. |
| 5.7 |
The judges decision will be final. We will not enter into correspondence. |
| 5.8 |
All entrants' information will be used only in accordance with our Privacy Policy. |
| 5.9 |
Where entry by SMS is applicable, SMSs are charged at R3 each. Premium rates apply. Free rates do not apply. |
| 5.10 |
We reserve the right to cancel any competition without notice at any time. |
| 5.11 |
Multiple winners may be subject to tie-break to decide an outright winner. |
| 5.12 |
Any deviation from the rules and/or attempt to manipulate the outcome of the prize will result in disqualification. |
| 5.13 |
Winners under 21 years old require permission from a parent/guardian to take the prize and any winner may be required to submit proof of age. |
| 5.14 |
Winners may be required to be photographed for publicity purposes. |
| 5.15 |
Prizes are non-transferable in whole or in part, must be taken as stated and may not be sold to a third party. You must confirm acceptance of the prize as stated, failing which you will no longer be eligible for a prize, and that prize will be re-allotted. |
| 5.16 |
Where prizes involve travelling abroad, winners must be in possession of a valid passport, required visas and the relevant health certificates. |
| 5.17 |
We accept no responsibility for any incorrect or incomplete registration details that you may supply as part of your registration. No responsibility will be accepted for undelivered, lost or delayed entries. Proof of sending is not proof of receipt. Errors in entries may, in the judges discretion, void entries. |
| 5.18 |
If any prize offered is unavailable, we reserve the right to select alternative prizes of equivalent value and we reserve the right to modify, supplement or withdraw all or part of this competition without notice and no refunds of costs of entry will be payable. |
| 5.19 |
Entrants acknowledge that in consideration of the prize offered to winners by us the winning entries may be released, displayed to the public by us or any company connected with the promotion. This will be in the form of the winner's name and place of origin. Entrants agree that we are the owner of all right, title and interest in all entries, including the entire copyright, whether now existing or howsoever, arising in the future, including all worldwide rights to promote, reproduce for commercial use or otherwise, edit, advertise and publicise, produce, record and reproduce by any art medium or method whether now known or later developed ('Exploitation Rights') to be exercised in our sole discretion throughout the world for the full term of copyright and other rights in the entries and all extensions thereof including for the avoidance of doubt the right to register any design rights and/or trademarks. Entrants undertake to do all things necessary, including the execution of any requisite documentation to transfer the Exploitation Rights to us, as and when requested by us. |
| 5.20 |
Further, the entrant irrevocably and unconditionally waives all moral rights to which they may now or at any time in the future be entitled pursuant to any copyright law and under any similar law in force from time to time anywhere in the world in respect of all works referred to herein. |
| 5.21 |
Ndalo Media, our other affiliates, our competition partner/s and their respective shareholders shall not be liable in any way whatsoever for any loss, damage, injury or costs, howsoever arising, suffered as a result of your participation in a competition. |
|
| Back To The Top |
|
| Part D: Contributor Guidelines |
Rule 1: |
We ask all Users to embrace the spirit of civil disagreement. This means that, as a community whose aim is to connect, empower and inform business-minded women, we require and encourage users to share their opinions openly but with due consideration for others. In other words, we want Users to agree or disagree as strongly as they believe appropriate without being abusive. While we appreciate constructive criticism we expect all Users to treat others with respect. Users must also be at least 18 years old to post comments, chat or blog on this site. |
| Rule 2: |
We refuse to publish and will remove any content we think is unacceptable. We call everything that is published on our web site content, including your blogs, comments and responses, as well as your personal and business profile information, messages, poll responses, video, text, images etc. If it is available on our site, it is considered content. And while we encourage you to share your views, expand your network and make the connections that count, we must insist that your content not include or be linked to any of the following, which we will probably consider to be unacceptable: |
| |
| |
Hate speech, racism, discrimination, or content that is libellous, defamatory, false or misleading or misrepresents another person – particular if obvious or deliberate. |
| |
Any writings that include swear words or obscene or inappropriate language. |
| |
Activities that constitutes stalking, harassment or abuse, or is considered threatening towards a person or other people. |
| |
Anything that infringes someone else’s intellectual property rights (including copyright, trademark, trade secret or patent) or amounts to an unauthorised disclosure of confidential information or trade secret. If you quote someone in the content you provide, it’s up to you to credit the original author and publication. |
| |
Anything that contains information contains unsolicited advertising or marketing links or material – particularly if such links or material is unrelated to the particular discussion. |
|
|
We generally decide what’s acceptable or not on an item-by-item basis, but we are also in no way limiting ourselves to only evaluating the things mentioned above. We reserve the right to edit and/or remove content, and alter the unacceptable list, as and when required without notifying Users. To a large degree, we will be relying on you to help us evaluate the content on the site. If you see something that you feel is in breach of any or all of the above, please contact us directly on +27 (0)11 300 6700 or email us at feedback@destinyman.com. |
| Back To The Top |
|
| Part E: Complaints and General |
6.1 |
We aim to provide you with a quality service. If, however, you feel that you have cause to complain, you can contact us at the email address given in section 1 of Part A above. We will try to do our best to resolve any problems that arise. Please provide us with the following as part of your complaint: |
| |
| |
Your full names, physical address, telephone number and email address |
| |
The location and description of the feature or component of our web site which is the cause of your complaint |
| |
The rights that you allege to be infringed by such feature or component |
| |
The actions you would like us to take to remedy the problem |
| |
A statement confirming that you are making the complaint in good faith |
| |
A statement confirming that the information you are providing to us is to the best of your knowledge true and correct |
| |
Please incorporate your signature into the complaint |
|
| 6.2 |
Use of this web site is subject to the laws of the Republic of South Africa, and the exclusive jurisdiction of the Western Cape High Court, Cape Town provided that we may, in our discretion, approach any Magistrate’s Court of competent jurisdiction to adjudicate on any dispute arising from or in connection with these terms of use notwithstanding that the amount in dispute may exceed such court’s jurisdiction, and you consent thereto. You agree to accept service of legal process at the addresses you may provide to us when you use or subscribe to our web site services. |
| 6.3 |
These terms of use and the terms incorporated herein by reference constitute the entire agreement between you and us with respect to this site, the services offered here and any products and services acquired through this site, and supersede any previous agreements, negotiations, representations, arrangements, undertaking or proposals whether written or oral concerning the subject matter hereof. |
| 6.4 |
Our failure to enforce any provision of this agreement will not be construed as a waiver of any provision or right. In the event that a portion of this agreement is held unenforceable or invalid by any competent authority, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, failing which it will be severed from the remainder of the provisions which will remain of full force and effect to the maximum extent permitted by law. |
| 6.5 |
You will not have the right to subcontract, cede, delegate, transfer and assign any of your rights, obligations or duties hereunder to any other person and/or entity without our prior written consent. We will have the right to cede, delegate, transfer and assign our rights, obligations and duties hereunder to any person and/or entity, and you hereby consent to such cession, delegation, assignment and transfer. |
| 6.6 |
We will be excused any failure to perform or delay in performance of any or all of our obligations hereunder as a result of an event of force majeure, including without limitation acts of God (including flood, fire, earthquake or other similar events), riots, war, strikes, lock-outs or other industrial disputes, epidemics, failure of telecommunications systems, failure of the world wide web, any outages of the internet or connection or communications thereto, governmental restraints and act(s) of legislature or any other cause outside our reasonable control. |
|
| Back To The Top |
|
| |
| |
| © MAN.DESTINYCONNECT.COM 2009. ALL RIGHTS RESERVED. |
| |
|
|
|
|