Terms of Use


This page (together with the documents referred to on it) sets out the terms of use on which you may make use of the eshashalazini website and the eshashalazini mobile application (together and separately, "Site"/"Service"), whether as a guest or a registered user. Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before you start to use the site. By using our site, you indicate that you accept these terms of use, which include the privacy policy that applies to our site (the "Privacy Policy") and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our site.


We may amend these Terms and Conditions and any linked information from time to time by posting amended terms on the Website, without notice to you.


LICENSE TO USE THIS SITE


Upon your agreement, eshashalazini hereby grants you a non-exclusive, non-transferable limited license to use this site in strict accordance with the terms and conditions in this Agreement. You agree not to make any false or fraudulent statements as you use this site. You acknowledge and agree that all content and services available on this site are property of eshashalazini and are protected by copyrights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws, in the Republic of South Africa and internationally. All rights not expressly granted herein are fully reserved by eshashalazini, its advertisers and licensors as described in the privacy policy.


Our site is primarily aimed at users who are over the age of 18. There are however no barriers to those under 18 accessing our site or registering as users. Users under 18 should only use our site with the permission of a parent or guardian. The parents or guardians of anyone under 18 using our site should review these Terms of Use carefully.


LICENSE RESTRICTIONS USE


Except as may be explicitly permitted, you agree not to save, download, cut and paste, sell, license, rent, lease, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from materials from this site. Systematic retrieval of data or other content from this site to create or compile, directly or indirectly, a collection, database or directory without written permission from eshashalazini is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in this Agreement is prohibited.


SECURITY


You agree that you shall not try to reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter any executable code, contents or materials on or received via this site. You understand that such actions are likely to subject you to serious civil and criminal legal penalties and that eshashalazini shall pursue such penalties to the full extent of the law to protect its rights and the rights of its other licensors.


ERRORS AND CORRECTIONS


While we use reasonable efforts to include accurate and current information on our Website, we do not warrant or represent that the Website will be error-free. Data entry errors or other technical problems may sometimes result in inaccurate information being shown. We reserve the right to correct any inaccuracies or typographical errors on our Website, including pricing and availability of products and services, and shall have no liability for such errors. We may also make improvements and/or changes to the Website’s features, functionality, or content at any time. If you see any information or description you believe to be incorrect, please contact us and we’ll verify it for you.


LINKS TO OTHER WEBSITES


Our Site contains links to other websites for your information and convenience. These third-party websites are responsible for, and undertake to maintain, their own site terms of use. We suggest that you carefully review the terms of use of each site you choose to access from our Website.


USER’S LICENSE GRANT TO SITE


Except with regard to personal information, all information which you post on this site or communicate to eshashalazini through this site (collectively “Submissions”) shall forever be the property of eshashalazini. eshashalazini shall not treat any submission as confidential and shall not incur any liability as a result of any similarities that may appear in future eshashalazini services or products. Without copy, eshashalazini shall have exclusive ownership of all present and future existing rights to any Submission of every kind and nature everywhere. You acknowledge that you are fully responsible for the message, including its legality, reliability, appropriateness, originality and copyright. You hereby represent and warrant that your Submission does not infringe the rights of any third party.


USER CONDUCT


By using features of this site that allow you to post or otherwise transmit information to or through this site, or which may be seen by other users, you agree that you shall not upload, post, or otherwise distribute or facilitate distribution of any content – including text, communications, video, software, images, sounds, data, or other information – that:


  1. Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortuous, obscene, sexually explicit or graphic, or otherwise in violation of this site’s rules or policies.

  2. Infringes any patent, trade mark, service mark, trade secret, copyright, moral right, right of publicity, privacy or other proprietary right of any party;

  3. Constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;

  4. Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or

  5. Impersonates any person or entity, including any employee or representative of this site, its licensors or advertisers.

You also agree that you shall not harvest or collect information about the users of this site or use such information for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic email or communications for any other commercial purpose of your own or a third party.


You further agree that you shall not solicit or collect information, or attempt to induce any physical contact with, anyone 18 years old or younger without appropriate parental consent.


This site generally does not pre-screen, monitor, or edit the content posted by users of this site. However, this site and its agents have the right, at their sole discretion, to remove any content that, in this site’s sole judgment, does not comply with the Site Submission Rules or is otherwise harmful, objectionable, or inaccurate. This site is not liable for any failure, delay, damages or results, in removing such content.


You agree that your use of this site may be suspended or terminated immediately upon receipt of any notice which alleges that you have used this site in violation of these Rules and/or for any purpose that violates any local, provincial, national or law of other nations, including but not limited to the posting of information that may violate third party rights, that may defame a third party, that may be obscene or pornographic, that may harass or assault other, that may violate hacking or other criminal regulations, etc. of its agents, officers, directors, contractors or employees. In such event, you agree that the owner of this site may disclose your identity and contact information, if requested by a government or law enforcement body or as a result of a subpoena or other legal action, and the owner of this site shall not be liable for damages or result of a subpoena or other legal action, and the owner of this site shall not be liable for damages or results thereof, and you agree not to bring any action or claim against the owner of this site for such disclosure.


INTELLECTUAL PROPERTY RIGHTS


The Website design, text, content, selection and arrangement of elements, organization, graphics, compilation, magnetic translation, digital conversion, and other matters related to the Website are protected under applicable copyright laws, ALL RIGHTS RESERVED. The posting of any such elements on the Website does not constitute a waiver of any right in such elements. Except as otherwise provided herein, none of these elements may be used, copied, reproduced, downloaded, posted, displayed, transmitted, mechanical, photocopying, recording, or otherwise, without eshashalazini’s prior written permission.


As a visitor to our site, you may download a single copy of the material for your own non-commercial, private viewing purposes only. No copying or distribution for any commercial or business use is permitted without our prior written consent. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. In addition, you may not include a link to our site or display the contents of our site surrounded or framed or otherwise surrounded by material not originating from Us without our consent. Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged. If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.


eshashalazini name, logo, and all product names, eshashalazini names, and other logos, unless otherwise noted, are trademarks and/or trade dress of eshashalazini. The use or misuse of any Marks or any other materials contained on the Website, without the prior written permission of their owner, is expressly prohibited.


THIRD PARTY SITES


You may be transferred to online merchants or other third party sites through links or frames from this site. You are cautioned to read their Terms and Conditions and/or Privacy Policies before using such sites. These sites may contain information or material that is illegal, unreasonable or that some people may find inappropriate or offensive. These other sites are not under the control of eshashalazini and are not monitored or reviewed by eshashalazini. The inclusion of such a link or frame does not imply endorsement of this site by the eshashalazini, its advertisers or licensors, any association with its operators and is provided solely for your convenience. You agree that eshashalazini and its licensors have no liability whatsoever from such third party sites and your usage of them. You acknowledge and appreciate the risk associated with purchasing from third parties.


DISCLAIMER OF WARRANTIES


eshashalazini, its advertisers and licensors make no representation or warranties about this site, the suitability of the information contained on or received through use of this site, or any service or products received through this site. All information and use of this site are provided “AS-IS” without warranty of any kind. eshashalazini, advertisers and/or its licensors hereby disclaim all warranties without regards to this site, the information contained or received through use of this site, and any services or products received through this site, including all express, statutory, and implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. eshashalazini, advertisers and/or its licensors do not warrant that the contents or any information received through this site are accurate, reliable or correct; that this site will be available at any particular time or location; that any defects or errors will be corrected; or that the contents of any information received through this site is free of viruses or other harmful components. Your use of this site is solely at your risk. User agrees that it has relied on no warranties, representations or statements other than in this agreement. Because some jurisdictions do not permit the exclusion of certain warranties, these exclusions may not apply to you but shall apply to the maximum extent permitted by law of your jurisdiction.


LIMITATION OF LIABILITY


Under no circumstances shall eshashalazini, advertisers and/or its licensors be liable for any direct, indirect, punitive, incidental, special, or consequential damages that result from the use or inability to use, this site. This limitation applies whether the alleged liability is based on contract, tort, negligence, strictly liability, or any other basis, even if eshashalazini, advertisers and/or its licensors have been advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, the eshashalazini, advertisers and/or its respective licensors’ liability in such jurisdictions shall be limited to the maximum extent permitted by law of your jurisdiction.


INDEMNIFICATION


You agree to defend, indemnify, and hold harmless eshashalazini, its advertisers, licensors, subsidiaries and other affiliated companies, and their employees, contractors, officers, agents and directors from all liabilities, claim, and expenses, including attorney’s fees, that arise from your use of this site, or any services, information or products from this site, or any violation of this Agreement. eshashalazini reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with eshashalazini in asserting any available defenses.


MOBILE TERMS OF USE


When accessing our website via mobile, standard network charges apply. Your handset must be WAP enabled. You may incur additional WAP and GPRS charges from your network operator according to your contract.


JURISDICTION AND APPLICABLE LAW


This site (excluding third party linked sites) is controlled by the eshashalazini. It can be accessed from all countries around the world to the extent permitted by site. As each of these places has laws that may differ from the Republic of South Africa, by assessing this site, both you and the eshashalazini agree that the statutes and laws of the Republic of South Africa shall apply to any actions or claims arising out of or on relation to this Agreement or your use of this site, without regards to conflicts of laws principles thereof. You and eshashalazini also agree and hereby submit to the filing of any claim only in the exclusive personal jurisdiction and venue of the Republic of South Africa and any legal proceedings shall be conducted in English. The eshashalazini makes no representation that materials on this site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited.


MISCELLANEOUS


This site reserves the right to revise these provisions at its discretion, so check back from time to time to be sure you are complying with the current version.


FEEDBACK


If you have any concerns about material that appears on our site, or have questions about these Terms and Conditions or if you wish to report breaches of these Terms and Conditions, please contact us via our Contact page or emailing us at [email protected]