Site Terms & Conditions
Your use of tbae.co.za and/or your acceptance of these Site Terms & Conditions, including our Privacy and Security Statement constitutes your agreement to all such terms, conditions and statements pertaining to tbae.co.za. If you do not agree with these Site Terms and Conditions you are not authorized to use the Site and should leave the Site immediately. We reserve the right to amend these Site Terms & Conditions from time to time without notice to you and at our sole discretion. It is your responsibility to review this page for updates which shall come into effect once posted.
In this Agreement, unless the contrary intention appears:
- 'Intellectual Property Rights' means copyright, patents, trademarks, and other statutory rights and all common law or equitable rights protecting business or personal reputation or confidential information;
- 'Site' means the internet site found at www.tbae.co.za, and includes all webpages attached thereto and such other websites as we incorporate.
All rights in all material and content including, but not limited to, Intellectual Property Rights, text, images, web pages, sound, software (including, code, interface and website structure) and video, and the look and feel, design and compilation thereof) accessed at or comprising this Site are owned by us or our licensors. You acknowledge and agree that you are permitted to use the material and/or content only as set out in these Site Terms & Conditions or as otherwise expressly authorised in writing by us or our licensors, and that you may not otherwise copy, reproduce, transmit, publicly perform, distribute, commercially exploit, adapt, translate, modify, bundle, merge, share or make available to any person, or create derivative works of such material or content.
We are the owner and/or permitted to use of all Intellectual Property Rights (including without restriction trademarks, service marks, patents, copyrights, database rights and all other Intellectual Property Rights) appearing on or contained within the Site, unless otherwise indicated. You acknowledge and agree that use of the Site does not grant to you any right of use or interest in any Intellectual Property Rights in the Site. Except as provided in these Site Terms & Conditions, any use or reproduction of such Intellectual Property Rights by you is prohibited and to do so is a breach of these terms and may infringe the Intellectual Property Rights of third parties or our Intellectual Property Rights.
You may view this Site and print hard copies of content, information or material appearing on the Site solely for your lawful, personal, non-commercial use. You agree not to copy, modify, download, reproduce, transmit, publicly perform, distribute, adapt, translate, modify, bundle, merge, store, sell, share or make available to any person, any such content, information or material, or use it for any commercial purposes. All other rights are reserved.
You must not, and must not attempt to:
(a) Use the Site in any way that causes, or is likely to cause, the Site or access to it to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Site is in any way impaired;
(b) Authorise any other person to do any act which would, if that act were to be done by you, infringe any Intellectual Property Rights of TBAE or its licensors;
(c) Reverse engineer, decompile, disassemble, modify, translate, or otherwise uncover the source code of any software application forming part of the Site;
(d) Capture or copy any software on the Site for any reason whatsoever (temporary copies for facilitating a technical computing process excepted);
(e) Hack, infiltrate or otherwise do anything which may compromise the Site;
(f) Create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;
(g) Contain any computer viruses, macro viruses, Trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer or to surreptitiously intercept, access without authority or expropriate any system, data or personal information;
(h) Prevent or restrict us from complying with any applicable industry code or Court order.
You understand that you, and not TBAE nor a licensee and, are responsible for all electronic communications and content sent from your computer to us and you must use the Site for lawful purposes only.
Further, you must not do any of the following:
1. Use the Site or any of Our Services for any improper, unlawful or immoral purpose, causing any nuisance by your use of Our Services or causing the operation of Our Services to be jeopardised or impaired;
2. Use the Site or any of Our Services to create, host or transmit (whether in a live chat room, on a bulletin board or otherwise) any defamatory, offensive, or obscene material or engaging in activities which would cause offence to others on grounds of race, religion, creed or sex;
3. Use the Site or any of Our Services to harm, or attempt to harm, persons (including persons under the age of 18 years) in any way;
4. Use the Site or any of Our Services to create, host or transmit any material that threatens or encourages bodily harm or the destruction of property or would constitute a criminal offence or give rise to civil liability;
5. Use the Site or any of our Services to create, host or transmit material which infringes the Intellectual Property Rights (including, without restriction copyright, trademark, patent, trade secret or other intellectual property rights) of any other party;
6. Use the Site or any of our Services to create, host or transmit unsolicited advertising material to other users;
7. Use the Site or any of our Services to create, host or transmit any material that harasses another person; defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others, or use the Site or any of Our Services to make fraudulent offers to sell or buy products, items or services to any person;
8. Add, removing or modifying identifying network header information in an effort to deceive or mislead;
9. Use the Site or any of Our Services to access, or to attempt to access, the accounts of others or to penetrate, or attempt to penetrate, our or a third party's security measures, computer software, hardware, electronic communication system, or telecommunications systems;
10. Use the Site or any of Our Services to collect, or attempt to collect, personal information about third parties without their knowledge or consent or to engage in screen scraping, database scraping or any other activity with the purpose of obtaining lists of users or other data;
11. Use the Site or any of Our Services for any activity which adversely affects the ability of other people or systems to use the Site or any of Our Services, or the Internet generally, including the uploading of files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer;
12. Resell, repurposing or redistributing any part of the Site or any of Our Services without our prior written consent;
13. At any time while you are using the Site or any of Our Services, impersonate any person or entity or use or provide a false name or a name that you are not authorised to use.
14. Use the Site or any of Our Services for fraudulent purposes or to send, use or reuse any material that is abusive, is otherwise injurious to third parties or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any 'spam', or to cause annoyance, inconvenience or needless anxiety.
This list only serves to provide examples of misuse of the Site and Our Services and is not intended to be an exclusive list of unauthorised conduct. If you breach any of these requirements or if we determine in our sole discretion that your conduct constitutes misuse of the Site or any of Our Services, we may restrict, suspend or terminate your access to the Site and any of Our Services without first providing notice to you. All users hereby agree to comply with all local rules regarding on-line conduct and acceptable content. Users also agree to comply with any applicable rules regarding the export of any data from any country.
Photographs, testimonials, case studies and other
Users authorised by TBAE or its licensees may contribute photographs, testimonials, case studies and other content to the site and any user of the site may send communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of Intellectual Property. Rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of 'spam'. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content or your identity. We reserve the right (but not the obligation) to remove or edit any content at any time in our sole discretion and without first providing notice to you.
If you do post content or submit material to the Site, and unless we indicate otherwise, you grant to us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub licensable (through multiple tiers) right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content and/or material throughout the world in any media now known or not currently known but which becomes known. You grant us and our sub licensees the right to use the name that you submit in connection with any such content, if we elect to do so. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You also waive or consent to us engaging in conduct which infringes any moral rights you have in your content and warrant to us that a license and consent in the same terms has been obtained from any third party who owns copyright in or was a creator of all or part of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to us including the execution of deeds and documents, at our request.
You represent and warrant that:
(a) You own or otherwise control all of the rights to the content or material that you post to the Site;
(b) As at the date that such content or material is submitted:
(i) the content and material is accurate;
(ii) use of the content and material you supply does not breach any applicable TBAE policies or guidelines or these Site Terms and Conditions
(iii) use of the content and material you supply will not cause injury to any person or entity (including that the content or material is not defamatory).
This Site may contain photographs, testimonials, case studies and other content ('User Content'). We do not actively monitor use of any of the ‘User Content’ available on the Site. Similarly, we do not exercise editorial control over the content of any third party sites, electronic mail transmission, text message, news group, bulletin board, chat room or other material created or accessible over or through the Site. As a result, you may be exposed to content on the Site or on sites accessible over or through the Site that you find offensive or objectionable. However, we do reserve the right to monitor any of the ‘User Content’ available on the Site and to remove any content which, in our sole discretion, constitutes a misuse of the ‘User Content’ and may restrict, suspend or terminate your use of the ‘User Content’ or the Site in our sole discretion.
The opinion(s) expressed by users or other ‘User Content’ do not represent the opinion(s) of TBAE or its licensees. Any statements, advice and opinions made by such persons are those of such participants only. We neither endorse nor shall be held liable in any way or at all responsible for any such statements, advice or opinions.
We (and our parent, subsidiaries, affiliates, officers, directors, agents and employees) do not guarantee continuous, uninterrupted or secure access to the Site or any of Our Services, and operation of the Site may be interfered with by numerous factors outside of our control. Our Site and Our Services are provided "as is" and as and when available, and to the extent permissible by law we exclude all implied warranties, conditions or other terms, whether implied by statute or otherwise, including without limitation any terms as to skill and care or timeliness of performance.
All implied terms, conditions and warranties (whether statutory or otherwise) are excluded from your use of the Site and the supply of Our Services.