Disclaimer - Iphofolo

Acceptance of the Terms and Conditions

Please read the terms and conditions as set out below which governs the use of this website (“Terms and Conditions”).

By clicking on ‘Accept’ all users (“Users”) of this website confirm that they have read and understood the Terms and Conditions and agree to the Terms and Conditions and are bound by the Terms and Conditions. If the Users do not agree to the Terms and Conditions, please exit from this website.

Use of this website may be monitored, tracked and recorded. Users using this Website expressly consent to such monitoring, tracking and recording.

TERMS AND CONDITIONS

Usage

Iphofolo Game Farm (“Iphofolo”) provides all users (“Users”) access to this website (the “Site”).

Information and documents available and published on the Site is supplied by Iphofolo and, where indicated, by certain third parties. Users shall have the right to upload information and documents for enabling Iphofolo to provide Services (Services means any services provided by Iphofolo to the Users.

The Site will allow the Users to view information about the Services, tariffs, payment terms and conditions and such other information from time to time and download/upload application, documents and information.

In making any decision and before entering into any transactions, Users on their own examination of the merits and risks, shall independently determine if the User is able to assume these risks. Iphofolo cannot be responsible for any misrepresentations the Users may make in gaining unauthorized access to the Site.

The Site and its material are provided to the User at no charge. Any material provided to the User is for information purposes only. Iphofolo reserves the right to make changes to the Site; or not reply to any queries; or not provide any support in connection with the Site.

Iphofolo reserves the right to remove any materials from the Site where it reasonably suspects that such material is prohibited and must not be linked to the Site or other websites which are indecent or inappropriate, and the User must forthwith remove any link if Iphofolo in its discretion so requests.

Subject to Iphofolo’s obligation under the Privacy Policy, please note that any information or material sent to Iphofolo via the Site will be deemed to be not privileged or confidential. By sending Iphofolo any information or material, the User grants Iphofolo an unrestricted, irrevocable licence to use, reproduce, display, perform, modify, transmit and distribute that material or information on the Site and use the same for providing Services, and the Users also agree that Iphofolo is free to use any ideas, concepts, know-how or techniques that they send Iphofolo for any purpose.

The terms and conditions applicable to any product, service or information will be those determined at the time of provision of the product, service or information. If Users choose to access the Site, Users do so on their own initiative and are responsible for compliance with applicable local, national or international laws.

Access to this Site or to the Services may be limited to a maximum number of times and/or duration in a given period of time.

Intellectual Property Rights and Ownership

The Site, its content and/or all intellectual property rights pertaining thereto including the design, text, graphics, logos, images, sound and the selection and arrangement thereof, are owned by Iphofolo, and all rights, title and interest therein and thereto shall remain the property of Iphofolo. Certain of the content on this site are provided for use by third parties under agreement with Iphofolo. This Site is copyrighted by Iphofolo (All rights reserved). Users agree not to use and remove any copyright, trademark or other proprietary notice or legend contained on the Site or its content (or printed copies thereof). The Intellectual Property Rights over Iphofolo and other names of Iphofolo products and/or services referenced herein, are exclusively owned by Iphofolo. All or any third party logos, trademarks, images are the properties of each third party and by using or showing such logos, trademarks and/or images in the Site, Iphofolo does not make any representations or claims that such third party logos, trademarks or images are properties of Iphofolo.

Links to other Sites

The Site may contain links to third party web sites that are maintained by others. These links are provided solely as a convenience to Users and not as an endorsement by Iphofolo of the contents on such third-party web sites. Iphofolo is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available on linked third-party web sites. If Users decide to access linked third-party web sites, they do so at their own risk. Users further acknowledge and agree that Iphofolo 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 content, goods or services available on or through any such site or resource.

Modifications and Termination

All contents of the Site are subject to change without notice. Iphofolo reserves the right to modify, add, delete or discontinue these Terms and Conditions or any aspect or feature of the Site or any of the policies or guidelines governing the Site, at any time and in its sole discretion. By using or accessing the Site subsequent to the posting of any changes or modifications to the Terms and Conditions applicable to the use of the Site, Users shall be deemed to have consented to such changes or modifications. User further agree that, Iphofolo shall not be liable to you or any third party for any suspension or termination of your access to the reports, products and/or services available through this Site, or for any deletion of your account information. All provisions relating to disclaimer of warranties, limitation of liability and remedies and damages contained in these Terms and Conditions shall survive termination.

By using or communicating content through the use of the Site, Users expressly warrant that Users are the owner of such material or have the right to use and provide such content.

Access Restrictions

Iphofolo reserves the right to deny, in its sole discretion, any User access to the Site or any portion thereof without notice or justification.

No Unlawful or Prohibited Use

Users warrant to Iphofolo that the User will not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions or by any laws. The User shall not use the Site in any manner which could damage, disable, overburden, or impair the Site or network connected to the Site or interfere with any other party’s use and enjoyment of the Site.

The User undertakes not to post to or send via the Site or upload in the Site any materials that are or could reasonably be construed as: (i) defamatory, libelous, obscene, offensive, abusive, liable to incite racial hatred, discriminatory or blasphemous; (ii) in breach of any obligation of confidence or privacy or any trade secret; (iii) infringing the proprietary rights of any third party or for which you have not obtained all necessary licences and/or approvals; or (iv) violating any other law.

User is prohibited to access the content on this Site from locations where it is illegal to obtain such access. By accessing, using, downloading or otherwise receiving the content from this Site, you are expressly agreeing that you are not in a country where such prohibition exists. Anyone who accesses this Site from any locations does so on their own initiative and is responsible for compliance with applicable local laws.

Any material downloaded or otherwise obtained through the Site is done at Users’ own discretion and risk and that User will be solely responsible for any damage to Users computer system, mobile telephone or other access device or loss of data that results from the download of any such material.

Users understand and acknowledge that all information, data, text, messages or other materials (“Content”), posted or uploaded at the Site, are the sole responsibility of the person from which such Content originated. Users, and not Iphofolo, are entirely responsible for all Content that Users upload, post, email or otherwise transmit via the Site. Iphofolo does not control the Content posted via the Site and, as such, cannot and does not guarantee the accuracy, integrity or quality of such Content.

Liability

In no event shall Iphofolo, its shareholders, directors, officers, employees, agents, representatives or any of its affiliates be liable or responsible for any direct, indirect, incidental, special, punitive or consequential damages (whether in contract or tort or otherwise) for any amount or kind of loss (including, without limitation, damages for loss of data, business or profits) to User or a third party arising out of or in connection with these Terms and Conditions, the Site, the inability to use the Site or products, services, or information obtained or stored in or from the Site, or any of the reports, products and/or services available through the Site or transactions entered into via the Site, any website linked to the Site or material on such websites, including but not limited to loss or damage due to viruses that may infect User computer system, software, data or other property on account of access to, use of Site or Users downloading any material from the Site or from any website linked to the Site whether based on contract, tort, strict liability or otherwise, even if Iphofolo or any of its affiliates has been advised of the possibility of such damages, and notwithstanding the failure of the essential purpose of any remedy. This shall not affect Users’ statutory rights.

Iphofolo shall not be liable for any loss or damage arising from or occasioned by (a) any such inaccuracy, correctness, error, delay or omission, or (b) interruption in any such data, information or message, due either to any act or omission by Iphofolo or to any force majeure event or any other cause beyond the reasonable control of Iphofolo.

Indemnity

The Users agree to indemnify, defend and hold harmless Iphofolo, its licensors, suppliers, vendors and its affiliates from and against any and all suits, losses, claims, demands, liabilities, damages, costs and expenses (including reasonable attorney’s fees) arising from or relating to (i) their misuse of the Site whether intended or otherwise; (ii) their breach of these Terms and Conditions; or (iii) their violation of any applicable law, statute, ordinance, regulation or any third party’s rights. This obligation survives the termination of these Terms and Conditions.

Governing Law

The Terms and Conditions shall be governed by and construed in accordance with the laws of South Africa and shall be subject to the exclusive jurisdiction of the courts in South Africa.

Severance

If any provision of these Terms and Conditions (or part of a provision) is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force. If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention thereof.

PRIVACY POLICY

This policy covers how Iphofolo treats personal information that Iphofolo collects and receives, including information related to the Users past use of Iphofolo’s products and services.

Personal Information:

Personal information is collected from Users on a voluntary basis. Personal information may include name, title, company name, address, phone number, email address, and other relevant data. Questions or comments submitted by visitors may also include personal information.
Iphofolo will not use or share, with a third party, any information collected on the Site for direct marketing purposes. Because of the nature of the Internet, Iphofolo may transmit the information to another country, but among Iphofolo and its affiliates, for purposes other than direct marketing, such as for storage, or for carrying out the processing detailed above, or because of where Iphofolo servers are located, but Iphofolo do not provide or use personal information to unrelated businesses for any marketing purposes.
To the extent required or permitted by law, Iphofolo may also collect, use and disclose personal information in connection with security related or law enforcement investigations or in the course of cooperating with authorities or complying with legal requirements.

Non-personal Information:

At the Site, information sent by the Users web browser, may be automatically collected. This information typically includes the Users domain name (the site after the @ in the Users e-mail address). It may also contain the Users user name (the name before the @ in the Users e-mail address). Other examples of information collected by Iphofolo’s server include the Internet protocol (IP) address used to connect the Users computer to the Internet, operating system and platform, the average time spent on the Site, pages viewed, information searched for, access times, websites visited before and a the User visits the Site, and other relevant statistics. The amount of information sent depends on the settings the User has on its web browser; please refer to respective browser if the Users wants to learn what information it sends.
Iphofolo may from time to time supply the owners or operators of third party websites from which it is possible to link to the Site with information relating to the number of Users linking to the Site from such third party website. You will not be identified from this information.
Iphofolo uses the information it automatically receive from the Users web browser to see which pages the User visit within the Site.

Information placed on the Users Computer: Iphofolo may store some information such as cookies on the Users computer when the Users looks at the Site. Cookies are pieces of information that a website transfers to the hard drive of a visitor’s computer for record-keeping purposes. This information facilitates the Users use of the Site and ensures that the Users do not need to re-enter their details every time they visit it. The Users can erase or choose to block this information from their computer if they want to; please refer to the respective browser settings to do so. Erasing or blocking such information may limit the range of features available to the Users on the Site. Iphofolo also use such information to provide the Users a personalized experience on the Site. Iphofolo may use such information to allow the Users to use the Site without logging on upon returning, to auto-populate email forms, to make improvements and to better tailor Iphofolo Site to the Users’ needs. Iphofolo also use this information to verify that the Users meet the criteria required to process their requests.

Third Parties: For the Users convenience, this page may contain certain hyperlinks to other pages as well as to websites outside Iphofolo. In addition, the Users may have linked to Iphofolo Site from another website. Iphofolo is not responsible for the privacy policies and practices of other websites, even if the Users access them using links from Iphofolo website. Iphofolo make no promises or guarantees regarding data collection on the hyper-linked pages and on websites that are not owned by Iphofolo. Iphofolo recommend that the Users check the policy of each Site the Users visit, or link from, and contact the owners or operators of such websites if the Users have any concerns or questions.

DISCLAIMER

By using the Site, the User agrees that the use is solely at the User’s own risk. Iphofolo does not represent or warrant that the Site will be available at all times or that the content of the Site is timely, accurate or complete. The contents of the Site have been provided in good faith and are for general purposes. Iphofolo makes no commitment to update or correct any information that appears on the Site. Access to this Site is confirmation that the User understands and agrees to be bound by all of these Terms and Conditions. The security of this site and User content cannot be guaranteed.

Although information available on the Site is believed to be reliable, Iphofolo make no representation or warranty, express or implied, (a) as to the accuracy or completeness of any information, data, reports, products and/or services available through this Site, and (b) the accuracy of the results from any use of any of the information, data, reports, products and/or services available through this Site or derivative works based on information, content or any of the reports, products and/or services available through this site. Iphofolo, nor any of its officers, directors, employees, stockholders, owners, affiliates, agents or representatives will have any liability to the other party or any other person resulting from the use of the information, and data copied from the Site.

The ultimate decision to proceed with any transaction rests solely with the Users. Iphofolo is not acting as the User’s advisor or agent. Therefore, prior to entering into any transaction, the Users should determine, without reliance on the Site, the economic risks and merits, as well as consequences of the transaction, and independently determine if the User is able to assume these risks.

While considering this information as reliable Iphofolo takes no liability or responsibility or makes any or warranty, express or implied, as to the accuracy or completeness of any information, and data available on the Site, and neither Iphofolo, nor any of its officers, directors, employees, stockholders, owners, affiliates, agents or representatives will have any liability to the other party or any other person resulting from the use of the information, and data copied from the Site. Iphofolo does not give any guarantee or representation or warranty of any kind, whether actual or implied to the Users / visitors. The information and services included in or available on this Site may include inaccuracies or typographical errors.

Information is supplied upon the condition that the User receiving the same will make their own determination as to its suitability for their purposes prior to use or in connection with the making of any decision. Any use of the Site or the information is at the User’s own risk.

The content of this Site is provided solely for informational purposes. The use of any content provided on this Site and your provision or submission of any information while using this Site will not create a service provider-client relationship between you and Iphofolo unless expressly approved by Iphofolo. Please be aware that any information that you provide by reason of your use of this Site is NOT privileged or confidential. Iphofolo is neither responsible nor liable for third party content provided or content from any other aspect of any other websites, which may be accessed from the Site.

Iphofolo also disclaims any express or implied representations or warranties (a) the accuracy or completeness of any of the reports, products and/or services available through this Site; (b) the accuracy of the results from any use of any of the reports, products and/or services available through this Site or derivative works based on information, content or any of the reports, products and/or services available through this site.

THE SITE/INFORMATION IS PROVIDED TO THE USER ON AN “AS IS” AND “WHERE-IS” BASIS, WITHOUT ANY WARRANTY. IPHOFOLO, FOR ITSELF AND ANY THIRD PARTY PROVIDING MATERIALS, SERVICES, OR CONTENT TO THE SITE, MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE OF CORRECTNESS, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, WITH RESPECT TO THE SITE, THE INFORMATION OR ANY PRODUCTS OR SERVICES TO WHICH THE INFORMATION REFERS. IPHOFOLO WILL NOT BE LIABLE TO THE USER OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING FROM OR CONNECTED WITH THE SITE, INCLUDING BUT NOT LIMITED TO, USER’S USE OF THE SITE OR USER’S INABILITY TO USE THE SITE, EVEN IF IPHOFOLO HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.