Terms and Conditions

• BLUESTING CC ("BLUESTING"), registration number 2006/004324/23, provides this website, www.bluesting.co.za (the "Website"), including all information, communications, forums, posts, adverts, downloads, software, products, services, scripting, photos, images, graphics, text, links, video, music, sounds and other materials and services (collectively the "Content"), found or made available on the Website or offered as part of or in conjunction with this Website, to you, the user, subject to these Terms and Conditions. By using the Website, you signify your acceptance to the terms of use recorded herein, you agree to be bound by them and constitutes your agreement to all such terms, conditions and notices found herein.

• The Website and Content is controlled and operated by BLUESTING from its office in the province of Gauteng, South Africa. BLUESTING makes no representation that the Content on the Website is appropriate or available for use in any location. Those who choose to access the Website from other locations are responsible for compliance with local laws, if and to the extent local laws are applicable. The Website is not intended to subject BLUESTING to the laws or jurisdiction of any province, country or territory other than the Province of Gauteng and South Africa.

• These Terms and Conditions may be revised, updated, modified, suspended, withdrawn or discontinued, temporarily or permanently, by BLUESTING or the Website at any time without notice to you. By using the Website, you agree to be bound by any such revisions, updates, modifications, suspensions, withdrawals or discontinuances and you agree to periodically visit this page to determine the then current Website Terms and Conditions to which you are bound.

• BLUESTING may modify, suspend, withdraw or discontinue, temporarily or permanently, the Content, in whole or in part, at any time without notice. You agree that BLUESTING shall not be liable to you or to any third party for any modification, suspension, withdrawal or discontinuance of the Content.

• You hereby consent to exclusive jurisdiction of the High Court of South Africa in respect of any disputes arising in connection with the services referred to herein, or the terms or any matter related to or in connection therewith.

• These terms shall be governed by and construed in accordance with the laws of the Republic of South Africa without giving effect to any principles of conflict of law.

• Personal, Lawful and Non-commercial Use

  • The Website and Content is intended for personal, non-commercial and lawful use.

  • You are hereby granted permission to access the Content from the Website in whole or in part, solely for your personal, non-commercial use for any purpose that is lawful and not prohibited by these Terms and Conditions. This permission terminates automatically if you breach any of the Website Terms and Conditions.

  • You acknowledge that BLUESTING and the Website reserves the right in its sole discretion to refuse or terminate access, rights, accounts, service or privilege of using all or any portion of the Website by you or anyone at any time.

• No Warranties

  • USE THE WEBSITE AT YOUR OWN RISK.

  • Those who access the Website do so at their own risk and expense.

  • THIS WEBSITE AND CONTENT IS PROVIDED TO YOU "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BLUESTING OR ANY OF ITS EMPLOYEES, MERCHANTS OR SPONSORS SHALL BE DEEMED TO ALTER THIS DISCLAIMER OF WARRANTY, OR TO CREATE ANY WARRANTY.

  • Neither BLUESTING nor its employees, agents, representatives, third party information providers, affiliates, sponsors, vendors, merchants, licensors or the like warrant that the Website or its operation will be accurate, reliable, uninterrupted or error-free.

  • No member of the general public, employee, agent, representative, third party information provider, manufacturer, affiliate, sponsor, vendor, merchant, licensor or the like has the authority to create any warranty regarding BLUESTING or the Website on behalf of BLUESTING or the Website.

  • BLUESTING and the Website makes no representation that these materials are appropriate or available for use in any location.

  • BLUESTING does not warrant or make any representations regarding the availability, use, timeliness, security, validity, accuracy, or reliability of, or the results of the use of, or otherwise respecting, the content of the site or any other web sites linked to or from the Website.

  • Although BLUESTING intends to take reasonable steps to prevent the introduction of viruses, worms, "Trojan horses" or other destructive materials to this Website, it does not guarantee or warrant that this Website or Content that may be downloaded from this Service do not contain such destructive features. All Content downloaded or otherwise obtained through the use of the site is done at your own risk and you are solely responsible for any damage to your computer system or loss of data that results from the download or use of any such material, or use of this Website.

• Exclusion of Liability

  UNDER NO CIRCUMSTANCES WILL BLUESTING OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, STORING OR DISTRIBUTING THE WEBSITE SUCH AS EMPLOYEES, VENDORS, MERCHANTS AND SPONSORS, BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATED TO THE USE OR INABILITY TO USE THE WEBSITE OR ITS CONTENT, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR RELATED TO ERRORS, NEGLIGENCE, LINKS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE FAILURE, AND ALL OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES EVEN IF BLUESTING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

• Indemnity

  You agree to indemnify and hold harmless BLUESTING, its directors, members, officers, shareholders, managers, employees, family members, subsidiaries, affiliates, contractors, vendors, merchants, sponsors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this agreement.

• Address for Service

  The address for service for all purposes relating to these Terms and Conditions including the giving of any notice, the serving of any process, is BLUESTING CC, PO BOX 5412, Halfway House, Midrand, 1685.

• Links and Linking

  • The Website provides links to other third-party websites or resources. BLUESTING makes no representations whatsoever about any other website which you may access through this Website, nor does the Website's inclusion of hyperlinks to such websites imply any endorsement of the material on such websites or any association with their operators. Such hyperlinks are provided for your reference and convenience only. Because BLUESTING has no control over such sites and resources, you acknowledge and agree that BLUESTING is not responsible for the availability of such external sites or resources and the Website is not responsible or liable for any Content, advertising, products, services or other materials on or available from such sites or resources. BLUESTING makes no representation or warranty as to any third party Content, products or services, and you agree that BLUESTING shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party Content, information, products or services available on or through any such site or resource.

  • You are hereby licensed to create hyperlinks to the content on the Website, unless you are subsequently advised or ordered otherwise by BLUESTING, provided that the hyperlink accurately describes the content as it appears on the Website. BLUESTING reserves the right to revoke this license generally, or your right to use specific links, at any time, and may break any hyperlink at any time without notice to you.

  • Under no circumstances may you "frame" the Website or any of its content or copy portions of the Website to a server. Each page within the Website must be displayed in full (including all trademarks, branding, advertising and promotional materials), without any accompanying frame, border, margin, design, branding, trademark, advertising or promotional materials not originally displayed on the page within the Website.

  • All other use of Content from the Website, including, but not limited to uploading, downloading, modification, publication, transmission, participation in the transfer or sale of, copying, reproduction, republishing, creation of derivative works from, distribution, performance, display, incorporation into another web site, reproducing the Website, or in any other way exploiting any of the Content, in whole or in part, or downloading and using software repeatedly for uses other than those expressly permitted may not be made without BLUESTING's prior express written consent.

• Participation in promotions, competitions and other site activities

  If you choose to participate in a promotion, competition or other BLUESTING sponsored activity ("Activity"), you agree to comply with any rules or regulations governing such Activity.

• Transmitted Material

  Internet Transmissions are never completely private or secure. You understand that any message or information you send to the Website may be intercepted by others, unless such message or information is encrypted. Sending a message to BLUESTING or any employee, affiliate, merchant or sponsor does not cause BLUESTING to have a special responsibility to you.

• Copyright and restrictions on use of content:

  • BLUESTING will not tolerate copyright infringement of any kind. BLUESTING does not, however, monitor user-submitted materials for copyright infringement. If you believe that any material on the Website infringes your copyright, you may seek to have the material removed by sending an email to: webmaster [ at ] bluesting.co.za that includes all of the following information:

    • your full name, address and telephone number
    • your e-mail address
    • identification of the copyrighted work(s) that you believe is being infringed
    • identification of the infringing material and information sufficient for BLUESTING to locate the material
    • your statement of good faith belief that (a) the material infringes your copyrights, (b) the information provided in the notice is accurate and (c) under penalty of perjury, you are authorized to act for the copyright owner
    • your physical or electronic signature

  • THE UNAUTHORIZED COPYING, DISPLAYING OR OTHER USE OF ANY CONTENT FROM THIS SITE IS A VIOLATION OF THE LAW.

  • You acknowledge having been advised by BLUESTING that the Content is protected in South Africa and internationally by a variety of laws, including but not limited to, copyright laws and treaty provisions, trademark laws, patent laws, and other proprietary rights laws (collectively "Rights").

  • In addition to BLUESTING's Rights in individual elements of the Content, BLUESTING owns a copyright in the selection, coordination and arrangement of the Content.

  • By posting content on the Website, you are giving BLUESTING the right to display such content on the Website and to use such content for promotional, marketing or any other lawful purpose.

  • All PHP code and algorithms, JavaScript code and algorithms, HTML code, MySQL database design and structure (collectively "Source Code") is copyright BLUESTING, except where otherwise indicated in the Source Code. Under no circumstances is the Source Code of BLUESTING to be copied, distributed, transmitted, displayed, saved, uploaded, downloaded, reproduced, published, licensed, modified, rewritten, transferred, sold or derivative works created from without prior express written consent from BLUESTING.

  • Except for Content and material in the public domain under South African copyright law, all Content and Source Code on the Website is protected by South African and foreign copyright laws.

  • Except as otherwise expressly provided in these Terms and Conditions, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, modify, rewrite, create derivative works from, transfer, or sell any Content on the Website without the prior consent of the copyright owner.

  • If BLUESTING receives notice or otherwise discovers that you have posted material that infringes another party's copyright rights or violates another party's rights of privacy or publicity, BLUESTING may terminate your access to the Website, including all of your privileges or accounts that you may have established in connection with the Website.

• Trademarks, Slogans, Logos and Service Marks

  • There are a number of proprietary logos, service marks, brands, trademarks, slogans, copyrights and product designations found on this Website. By making them available on this Website, BLUESTING is not granting you a license to use them in any fashion. Access to this Website does not confer upon you any license under any of BLUESTING's or any third party's intellectual property rights. BLUESTING makes this information available to promote products and services in good faith.

  • These proprietary logos, service marks, brands, trademarks, slogans, copyrights and product designations remain the property of their respective owners.

  • BLUESTING respects all copyrights, trademarks, logos, slogans and product designations as being the property of their respective owners. If you believe that any material on the Website infringes you or your companies rights, you may seek to have the Content removed, replaced or altered by sending an email to: webmaster [ at ] bluesting.co.za that includes all of the following information:

    • your full name, address and telephone number
    • your e-mail address
    • identification of the infringing work(s) that you would like removed, replaced or altered
    • location of the infringing material or information sufficient for BLUESTING to locate the material
    • your statement of good faith belief that (a) the material infringes your Rights, (b) the information provided in the notice is accurate and (c) under penalty of perjury, you are authorized to act for the copyright owner
    • your physical or electronic signature

• General

  These Terms and Conditions constitute the entire agreement and understanding between you and BLUESTING with respect to use of the Website, superseding all prior or contemporaneous communications and/or proposals. BLUESTING reserves the right to make changes to these Terms and Conditions immediately by posting the changed Terms and Conditions to this location. By continuing to use the Website, you are agreeing to all changes made by BLUESTING. A printed version of these Terms and Conditions shall be admissible in judicial or administrative proceedings based upon or relating to use of the Website to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

• Full Electronic Communications (email) Disclaimer

  Every effort is made to provide accurate and complete information. However, given the substantial amounts of information for our communications at the time of dissemination, often uploaded within short deadlines, we cannot guarantee that there will be no errors. We therefore accept no responsibility for any loss or damage which may arise from reliance on information contained in any communication sent. Neither BLUESTING nor its employees and contractors, nor their subsidiaries, affiliates, sponsors, merchants, vendors or manufacturers make any warranty with respect to the accuracy of any information expressed or implied in any communication. The information in this communication (which includes any files transmitted with it) is confidential and may be legally privileged. It is intended solely for the addressee. Access to this e-mail by anyone else is unauthorised. If you are not the intended recipient, any disclosure, copying, distribution or any action taken or omitted to be taken in reliance on it, is prohibited and may be unlawful. When addressed to our clients any opinions or advice contained in this communication are subject to the terms and conditions expressed in any governing client engagement letter. The contents of an attachment to this e-mail may contain software viruses which could damage your own computer system. While BLUESTING has taken every reasonable precaution to minimise this risk, we cannot accept liability for any damage which you sustain as a result of software viruses. You should carry out your own virus checks before opening the attachment. Copyright in this e-mail and any document created by us will be and remain vested in us and will not be transferred to you. We assert the right to be identified as the author of and to object to any misuses of the contents of this communication or such documents.