Disclaimer & Terms of Use
Acceptance of Terms
Modififation of this Agreement
Proprietor Rights
Content
Privacy
Disclaimer
Links
Online Commerce
Business Directory
Interactive Features
Registration Data and Account Security
Classified Advertising
Limitation of Liability
Termination
Other
Modififation of this Agreement
Proprietor Rights
Content
Privacy
Disclaimer
Links
Online Commerce
Business Directory
Interactive Features
Registration Data and Account Security
Classified Advertising
Limitation of Liability
Termination
Other
1. ACCEPTANCE OF TERMS
iWellington provides a collection of online resources, including classified ads and various email services, (referred to hereafter as "the Service") subject to the following Terms of Use ("TOU"). By using the Service in any way, you are agreeing to comply with the TOU. In addition, when using particular iWellington services, you agree to abide by any applicable posted guidelines for all iWellington services, which may change from time to time. Should you object to any term or condition of the TOU, any guidelines, or any subsequent modifications thereto or become dissatisfied with iWellington in any way, your only recourse is to immediately discontinue use of iWellington. iWellington has the right, but is not obligated, to strictly enforce the TOU through self-help, community moderation, active investigation, litigation and prosecution. [ back to top ]
2. MODIFICATIONS TO THIS AGREEMENT
We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes. [ back to top ]
3. PROPRIETORY RIGHTS
The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of iWellington. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of iWellington, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service. [ back to top ]
Although iWellington does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to iWellington an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Service, you automatically grant iWellington all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose. [ back to top ]
4. CONTENT
You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item ("Item") of Content that you post, email or otherwise make available via the Service. You understand that iWellington does not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the iWellington site and Content available through the Service may contain links to other websites, which are completely independent of iWellington. iWellington makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other webites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will iWellington be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that iWellington does not pre-screen or approve Content, but that iWellington shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the TOU or for any other reason. [ back to top ]
5. PRIVACY
iWellington is committed to protecting your privacy. This privacy policy tells you about our online collection and use of data. The terms of this policy apply to all iWellington websites, unless different terms are specified in a form or contract provided to you online or offline. By using this site, you understand and agree to the terms of this policy. This site is owned by iWellington, a division of Kreitzer Group, and may be accessed in South Africa and abroad. For data protection purposes, iWellington is the controller and, unless otherwise noted, is also the processor of data. Information collected may be retained, and may be stored, processed, accessed, and used in jurisdictions whose privacy laws may be different and less protective than those of your home jurisdiction.
5.1. Collection of Your Personal Information: When you visit this site, certain kinds of information, such as the website that referred you to us, your IP address, browser type and language, and access times, may be collected automatically as part of the site’s operation. We also may collect navigational information, including information about the pages you view, the links you click, and other actions taken in connection with the site. We may combine your visit and navigational information with personal information that you provide. You may always choose not to provide personal information, but if you so choose, certain products and services may not be available to you. Personal information (e.g., your password, your name, email address, and phone number) is collected when you register. Additional personal information (e.g., your credit card number and billing address) is collected to process transactions or to provide you with products and services.
5.2. Use of Your Personal Information: iWellington collects and uses your personal information to operate and improve our sites, to process your transactions, to provide customer service, to perform research and analysis aimed at improving our products, services and technologies, and to display content that is customized to your interests and preferences. We also use your personal information to communicate with you. We may send transaction-related communications such as welcome letters, billing reminders, and purchase confirmations. We may also send you surveys or marketing communications to inform you of new products or services or other information that may be of interest. Please keep in mind that, if you choose not to receive marketing communications, you will continue to receive transactional or account communications (e.g., confirmation emails and account balance statements). Personal information collected by iWellington may be stored and processed in the South Africa or any other country in which iWellington or its affiliates, subsidiaries, contractors or agents maintain facilities, and by using our sites or services, you consent to any such transfer of information outside of your country. If you would like to exercise any of your data protection rights (including the right to have your personal information deleted), please contact us.
5.3. Sharing of Your Personal Information: Except as disclosed in this privacy policy, iWellington does not share your personal information with any outside parties. We may share your personal information within our corporate group, including with our subsidiaries, affiliated companies and divisions, all of whom may use your information for the purposes disclosed herein.
We may share your personal information with service providers who perform services on our behalf. For example, we may hire other companies to handle the processing of payments, to provide data storage, to host websites, to fulfill orders and shipments, to assist in direct marketing, to conduct audits, etc. Those companies will be permitted to obtain only the personal information they need to provide the service. They are required to maintain the confidentiality of the information and are prohibited from using it for any other purpose. Information about our customers, including personal information, may be disclosed as part of any merger, acquisition, or sale of the company and/or its assets, as well as in the unlikely event of insolvency, bankruptcy, or receivership, in which personal information would be transferred as one of the business assets of the company. We will notify you of such an occurrence as described in the "Changes to This Privacy Policy" section below.
We reserve the right to disclose your personal information if required to do so by law, or in the good-faith belief that such action is reasonably necessary to comply with legal process, respond to claims, or protect the rights, property or safety of our company, employees, customers, or the public.
5.4. Use of Cookies and Other Technologies: "Cookies" are small bits of text that are either used for the duration of a session ("session cookies"), or saved on a user's hard drive in order to identify that user, or information about that user, the next time the user logs on to a web site ("persistent cookies"). The iWellington web site and its component sites do not use persistent cookies. One or more of the iWellington component sites may use session cookies to provide streamlined navigation throughout their sites and for statistical analysis. These session cookies are deleted from the component's server soon after your session ends and are not collected or saved. You can set up your Web browser to inform you when cookies are set or to prevent cookies from being set. You can still use our web site if you do not accept the cookies, but you may be unable to use certain cookie-dependent features. In some cases, our third-party service providers may use cookies on our sites. We have no access to or control over these cookies. This privacy statement covers the use of cookies by iWellington only, and does not cover the use of cookies by third parties. You have the ability to accept or decline cookies. Most browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies. If you choose to decline cookies, you may not be able to sign in or use other interactive features of our sites and services that depend on cookies.
5.5. Children: We do not intend to solicit or collect personal information from anyone under the age of 18. If you are under 18, you should not use or enter information on this site, including without limitation, any Interactive Areas of the site.
5.6. Changes to This Privacy Policy: We reserve the right to change the terms of this privacy policy at any time. When we make changes, we will revise the "last updated" date at the bottom of the policy. If there are material changes to this statement or in how iWellington will use your personal information, we will notify you by prominently posting a notice of such changes here or on our home page, or by sending you an email. We encourage you to review this policy whenever you visit one of our sites.
5.7. Questions on Privacy: If you have any questions about the practices of iWellington, or your dealings with iWellington, please contact us.
6. DISCLAIMER
This Service includes links and pointers to Internet sites, content and services provided by third parties. Neither iWellington, its parent or subsidiary companies nor their affiliates operate or control in any respect any information, products or services that third parties may provide on or through iWellington or on a website linked to by iWellington. The materials in this site and the third-party sites are provided "as is" and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, iWellington disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. iWellington does not warrant that this website or any of its functions will be uninterrupted or error-free, that defects will be corrected, or that this site, including content categories, or the servers that make it available, are free of viruses or other harmful components. iWellington does not warrant or make any representations regarding the use or the results of the use of the materials in this site or in third-party sites in terms of their correctness, accuracy, timeliness, reliability or otherwise. You (and not iWellington) assume the entire cost of all necessary maintenance, repair or correction. [ back to top ]
7. LINKS
You may not use a iWellington logo or other proprietary graphic of iWellington to link to this Site without the express written permission of iWellington. Further, you may not frame any iWellington trademark, logo or other proprietary information, including the iWellington Content, without iWellington's express written consent. iWellington makes no claim or representation regarding, and accepts no responsibility for, directly or indirectly, the quality, content, nature or reliability of third-party websites accessible by hyperlink from iWellingon, or websites linking to iWellingon. Such sites are not under the control of iWellington and iWellington is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. iWellington provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by iWellington of any site or any information contained therein. When you leave iWellington.co.za, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site. Your participation, correspondence or business dealings with any third party found on or through the Site, regarding the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that iWellington shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings. [ back to top ]
8. ONLINE COMMERCE
In addition, iWellington may allow you to purchase many different types of products and services online that are provided by third parties. iWellington is not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. If you make a purchase from a merchant hosted by iWellington or linked to by iWellington, the information obtained during your visit to that merchant's online store, and the information that you give, such as your credit card number and contact information, is collected by the merchant and not by iWellington. These merchants may have separate privacy and data collection practices. iWellington has no responsibility or liability for these independent policies. For more information regarding the merchant, its online store, and its privacy policies, return to that store's home page and click on its information links or contact the merchant website directly. You release iWellington and its affiliates from any damages that you incur, and agree not to assert any claims against them, arising from your purchase or use of any products or services made available by third parties through iWellington. [ back to top ]
9. BUSINESS DIRECTORY
The information contained in the Business Directory is provided for business lookup purposes and is not to be used for marketing or telemarketing applications. This information may not be copied or redistributed and is provided "as is" without warranty of any kind. In no event will iWellington or its suppliers be liable in any way with regard to such Information. [ back to top ]
10. INTERACTIVE FEATURES
11. REGISTRATION DATA AND ACCOUNT SECURITY
To use certain features of the iWellington, you must register with iWellington on the interface provided. You agree (a) to provide true, accurate, current and complete information about yourself as prompted by the iWellington's registration interface, and (b) to maintain and promptly update the information you provide to keep it true, accurate, current and complete. If iWellington has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of iWellington (or any portion thereof). Our use of any personally identifying information you provide to us as part of the registration process is governed by the terms of our Privacy Policy.
Passwords: To use certain features of the iWellington, you may need a user name and password, which you will obtain through iWellington's registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. iWellington cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information. [ back to top ]
12. CLASSIFIED ADVERTISING
When you submit a classified ad for publication on iWellington, you agree that the advertisement as it appears on iWellington becomes the property of iWellington and you assign all ownership interest in the advertisement as it appears on iWellington under copyright law or otherwise to iWellington. Submission of an advertisement does not constitute a commitment to publish the advertisement, and publication of an advertisement does not constitute an agreement for continued publication. We will accept only standard abbreviations and required proper punctuation. iWellington reserves the right to edit, reclassify, revise, reject or cancel any advertisement at any time, in its sole discretion. Rates and specifications are subject to change. [ back to top ]
13. LIMITATION OF LIABILITY
Under no circumstances, including, but not limited to, negligence, shall iWellington, its subsidiary and parent companies or affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, iWellington materials, products or services, or third party materials, products or services made available through iWellington. You specifically acknowledge and agree that iWellington is not liable for any defamatory, offensive or illegal conduct of any user. If you are dissatisfied with any iWellington materials, products or services or with any of iWellington terms and conditions, your sole and exclusive remedy is to discontinue using iWellington. [ back to top ]
14. TERMINATION
iWellington may cancel or terminate your right to use iWellington or any part of the iWellington website at any time without notice. In the event of termination, you are no longer authorized to access the part of iWellington affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from iWellington, and the disclaimers and limitations of liabilities set forth in these Terms of Use, shall survive. [ back to top ]
15. OTHER
This agreement constitutes the entire agreement between iWellington and you with respect to the subject matter contained in this agreement and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral. You also may be subject to additional terms and conditions that may apply when you use the products or services of a third party that are provided through iWellington. In the event of any conflict between any such third party terms and conditions and these Terms of Use, these Terms of Use shall govern. This agreement shall be governed by and construed in accordance with the laws of South Africa without giving effect to any principles or conflicts of law. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. [ back to top ]
March 1, 2010.
iWellington provides a collection of online resources, including classified ads and various email services, (referred to hereafter as "the Service") subject to the following Terms of Use ("TOU"). By using the Service in any way, you are agreeing to comply with the TOU. In addition, when using particular iWellington services, you agree to abide by any applicable posted guidelines for all iWellington services, which may change from time to time. Should you object to any term or condition of the TOU, any guidelines, or any subsequent modifications thereto or become dissatisfied with iWellington in any way, your only recourse is to immediately discontinue use of iWellington. iWellington has the right, but is not obligated, to strictly enforce the TOU through self-help, community moderation, active investigation, litigation and prosecution. [ back to top ]
2. MODIFICATIONS TO THIS AGREEMENT
We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes. [ back to top ]
3. PROPRIETORY RIGHTS
The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of iWellington. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of iWellington, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service. [ back to top ]
Although iWellington does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to iWellington an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Service, you automatically grant iWellington all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose. [ back to top ]
4. CONTENT
You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item ("Item") of Content that you post, email or otherwise make available via the Service. You understand that iWellington does not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the iWellington site and Content available through the Service may contain links to other websites, which are completely independent of iWellington. iWellington makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other webites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will iWellington be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that iWellington does not pre-screen or approve Content, but that iWellington shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the TOU or for any other reason. [ back to top ]
5. PRIVACY
iWellington is committed to protecting your privacy. This privacy policy tells you about our online collection and use of data. The terms of this policy apply to all iWellington websites, unless different terms are specified in a form or contract provided to you online or offline. By using this site, you understand and agree to the terms of this policy. This site is owned by iWellington, a division of Kreitzer Group, and may be accessed in South Africa and abroad. For data protection purposes, iWellington is the controller and, unless otherwise noted, is also the processor of data. Information collected may be retained, and may be stored, processed, accessed, and used in jurisdictions whose privacy laws may be different and less protective than those of your home jurisdiction.
5.1. Collection of Your Personal Information: When you visit this site, certain kinds of information, such as the website that referred you to us, your IP address, browser type and language, and access times, may be collected automatically as part of the site’s operation. We also may collect navigational information, including information about the pages you view, the links you click, and other actions taken in connection with the site. We may combine your visit and navigational information with personal information that you provide. You may always choose not to provide personal information, but if you so choose, certain products and services may not be available to you. Personal information (e.g., your password, your name, email address, and phone number) is collected when you register. Additional personal information (e.g., your credit card number and billing address) is collected to process transactions or to provide you with products and services.
5.2. Use of Your Personal Information: iWellington collects and uses your personal information to operate and improve our sites, to process your transactions, to provide customer service, to perform research and analysis aimed at improving our products, services and technologies, and to display content that is customized to your interests and preferences. We also use your personal information to communicate with you. We may send transaction-related communications such as welcome letters, billing reminders, and purchase confirmations. We may also send you surveys or marketing communications to inform you of new products or services or other information that may be of interest. Please keep in mind that, if you choose not to receive marketing communications, you will continue to receive transactional or account communications (e.g., confirmation emails and account balance statements). Personal information collected by iWellington may be stored and processed in the South Africa or any other country in which iWellington or its affiliates, subsidiaries, contractors or agents maintain facilities, and by using our sites or services, you consent to any such transfer of information outside of your country. If you would like to exercise any of your data protection rights (including the right to have your personal information deleted), please contact us.
5.3. Sharing of Your Personal Information: Except as disclosed in this privacy policy, iWellington does not share your personal information with any outside parties. We may share your personal information within our corporate group, including with our subsidiaries, affiliated companies and divisions, all of whom may use your information for the purposes disclosed herein.
We may share your personal information with service providers who perform services on our behalf. For example, we may hire other companies to handle the processing of payments, to provide data storage, to host websites, to fulfill orders and shipments, to assist in direct marketing, to conduct audits, etc. Those companies will be permitted to obtain only the personal information they need to provide the service. They are required to maintain the confidentiality of the information and are prohibited from using it for any other purpose. Information about our customers, including personal information, may be disclosed as part of any merger, acquisition, or sale of the company and/or its assets, as well as in the unlikely event of insolvency, bankruptcy, or receivership, in which personal information would be transferred as one of the business assets of the company. We will notify you of such an occurrence as described in the "Changes to This Privacy Policy" section below.
We reserve the right to disclose your personal information if required to do so by law, or in the good-faith belief that such action is reasonably necessary to comply with legal process, respond to claims, or protect the rights, property or safety of our company, employees, customers, or the public.
5.4. Use of Cookies and Other Technologies: "Cookies" are small bits of text that are either used for the duration of a session ("session cookies"), or saved on a user's hard drive in order to identify that user, or information about that user, the next time the user logs on to a web site ("persistent cookies"). The iWellington web site and its component sites do not use persistent cookies. One or more of the iWellington component sites may use session cookies to provide streamlined navigation throughout their sites and for statistical analysis. These session cookies are deleted from the component's server soon after your session ends and are not collected or saved. You can set up your Web browser to inform you when cookies are set or to prevent cookies from being set. You can still use our web site if you do not accept the cookies, but you may be unable to use certain cookie-dependent features. In some cases, our third-party service providers may use cookies on our sites. We have no access to or control over these cookies. This privacy statement covers the use of cookies by iWellington only, and does not cover the use of cookies by third parties. You have the ability to accept or decline cookies. Most browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies. If you choose to decline cookies, you may not be able to sign in or use other interactive features of our sites and services that depend on cookies.
5.5. Children: We do not intend to solicit or collect personal information from anyone under the age of 18. If you are under 18, you should not use or enter information on this site, including without limitation, any Interactive Areas of the site.
5.6. Changes to This Privacy Policy: We reserve the right to change the terms of this privacy policy at any time. When we make changes, we will revise the "last updated" date at the bottom of the policy. If there are material changes to this statement or in how iWellington will use your personal information, we will notify you by prominently posting a notice of such changes here or on our home page, or by sending you an email. We encourage you to review this policy whenever you visit one of our sites.
5.7. Questions on Privacy: If you have any questions about the practices of iWellington, or your dealings with iWellington, please contact us.
6. DISCLAIMER
This Service includes links and pointers to Internet sites, content and services provided by third parties. Neither iWellington, its parent or subsidiary companies nor their affiliates operate or control in any respect any information, products or services that third parties may provide on or through iWellington or on a website linked to by iWellington. The materials in this site and the third-party sites are provided "as is" and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, iWellington disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. iWellington does not warrant that this website or any of its functions will be uninterrupted or error-free, that defects will be corrected, or that this site, including content categories, or the servers that make it available, are free of viruses or other harmful components. iWellington does not warrant or make any representations regarding the use or the results of the use of the materials in this site or in third-party sites in terms of their correctness, accuracy, timeliness, reliability or otherwise. You (and not iWellington) assume the entire cost of all necessary maintenance, repair or correction. [ back to top ]
7. LINKS
You may not use a iWellington logo or other proprietary graphic of iWellington to link to this Site without the express written permission of iWellington. Further, you may not frame any iWellington trademark, logo or other proprietary information, including the iWellington Content, without iWellington's express written consent. iWellington makes no claim or representation regarding, and accepts no responsibility for, directly or indirectly, the quality, content, nature or reliability of third-party websites accessible by hyperlink from iWellingon, or websites linking to iWellingon. Such sites are not under the control of iWellington and iWellington is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. iWellington provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by iWellington of any site or any information contained therein. When you leave iWellington.co.za, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site. Your participation, correspondence or business dealings with any third party found on or through the Site, regarding the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that iWellington shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings. [ back to top ]
8. ONLINE COMMERCE
In addition, iWellington may allow you to purchase many different types of products and services online that are provided by third parties. iWellington is not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. If you make a purchase from a merchant hosted by iWellington or linked to by iWellington, the information obtained during your visit to that merchant's online store, and the information that you give, such as your credit card number and contact information, is collected by the merchant and not by iWellington. These merchants may have separate privacy and data collection practices. iWellington has no responsibility or liability for these independent policies. For more information regarding the merchant, its online store, and its privacy policies, return to that store's home page and click on its information links or contact the merchant website directly. You release iWellington and its affiliates from any damages that you incur, and agree not to assert any claims against them, arising from your purchase or use of any products or services made available by third parties through iWellington. [ back to top ]
9. BUSINESS DIRECTORY
The information contained in the Business Directory is provided for business lookup purposes and is not to be used for marketing or telemarketing applications. This information may not be copied or redistributed and is provided "as is" without warranty of any kind. In no event will iWellington or its suppliers be liable in any way with regard to such Information. [ back to top ]
10. INTERACTIVE FEATURES
iWellington may include a variety of features, such as an Annual Calendar, Online Classifieds and e-mail services, which allow feedback to iWellington and real-time interaction between users. iWellington does not control the messages, information or files delivered to classified listings and notices. It is a condition of your use of iWellington that you do not:
- Restrict or inhibit any other user from using and enjoying iWellington.
- Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, provincial, national or international law.
- Post or transmit any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder.
- Post or transmit any information, software or other material which contains a virus or other harmful component.
- Post, transmit or in any way exploit any information, software or other material for commercial purposes, or which contains advertising. You understand that iWellington has no obligation to monitor any listings, classified ads, or other areas of the site through which users can supply information or material. However, iWellington reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, that in iWellington sole discretion are objectionable or in violation of these Terms of Use. [ back to top ]
11. REGISTRATION DATA AND ACCOUNT SECURITY
To use certain features of the iWellington, you must register with iWellington on the interface provided. You agree (a) to provide true, accurate, current and complete information about yourself as prompted by the iWellington's registration interface, and (b) to maintain and promptly update the information you provide to keep it true, accurate, current and complete. If iWellington has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of iWellington (or any portion thereof). Our use of any personally identifying information you provide to us as part of the registration process is governed by the terms of our Privacy Policy.
Passwords: To use certain features of the iWellington, you may need a user name and password, which you will obtain through iWellington's registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. iWellington cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information. [ back to top ]
12. CLASSIFIED ADVERTISING
When you submit a classified ad for publication on iWellington, you agree that the advertisement as it appears on iWellington becomes the property of iWellington and you assign all ownership interest in the advertisement as it appears on iWellington under copyright law or otherwise to iWellington. Submission of an advertisement does not constitute a commitment to publish the advertisement, and publication of an advertisement does not constitute an agreement for continued publication. We will accept only standard abbreviations and required proper punctuation. iWellington reserves the right to edit, reclassify, revise, reject or cancel any advertisement at any time, in its sole discretion. Rates and specifications are subject to change. [ back to top ]
13. LIMITATION OF LIABILITY
Under no circumstances, including, but not limited to, negligence, shall iWellington, its subsidiary and parent companies or affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, iWellington materials, products or services, or third party materials, products or services made available through iWellington. You specifically acknowledge and agree that iWellington is not liable for any defamatory, offensive or illegal conduct of any user. If you are dissatisfied with any iWellington materials, products or services or with any of iWellington terms and conditions, your sole and exclusive remedy is to discontinue using iWellington. [ back to top ]
14. TERMINATION
iWellington may cancel or terminate your right to use iWellington or any part of the iWellington website at any time without notice. In the event of termination, you are no longer authorized to access the part of iWellington affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from iWellington, and the disclaimers and limitations of liabilities set forth in these Terms of Use, shall survive. [ back to top ]
15. OTHER
This agreement constitutes the entire agreement between iWellington and you with respect to the subject matter contained in this agreement and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral. You also may be subject to additional terms and conditions that may apply when you use the products or services of a third party that are provided through iWellington. In the event of any conflict between any such third party terms and conditions and these Terms of Use, these Terms of Use shall govern. This agreement shall be governed by and construed in accordance with the laws of South Africa without giving effect to any principles or conflicts of law. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. [ back to top ]
March 1, 2010.