Website Terms & Conditions of Use
Welcome to the Petals Unfurling Website www.petalsunfurling.com (referred to hereafter as the “Website”). The Website provides information about Petals Unfurling, subject to the Terms and Conditions of Use (referred to hereafter as “Terms”) outlined below, which will be legal, binding and enforceable against all persons (referred to hereafter as “Users”) accessing and using any part of the Website or Website Pages.
2. Acceptance of Terms
By accessing and using the Website in any way, you are agreeing to comply with these Terms published on the Website. In addition, when using particular Website services, you agree to abide by any applicable posted conditions and/or guidelines for such service, which may change from time to time.
Petals Unfurling reserves the right, in its sole and absolute discretion, to change these Terms, the content and/or services available from the Website and/or to discontinue any aspect of the Website or service(s) available from the Website, at any time, without prior notice or justification. The Terms, or any changes thereto, are effective from the time of publication thereof on the Website and you agree that it is your responsibility to ensure that you review and remain familiar with the published Terms, on a regular basis.
The Terms constitute the entire agreement between Petals Unfurling and the User and shall take precedence over any disclaimers and/or legal notices attached to any communications and/or postings received from the User.
In the event that any term or condition detailed herein is found unenforceable or invalid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall remain enforceable and applicable.
Should you object to any term, condition or guideline, or any subsequent modifications thereto, or become dissatisfied with the Website in any way, your only recourse is to immediately discontinue use of the Website.
3. Allowed Usage and License
Petals Unfurling licenses the User to view, download and print the content of the Website, provided that such content is used for private, personal, educational, and/or non-commercial purposes only. The Website and information contained therein may not be used for harmful or illegal purposes or for disclosing, sharing or publishing material that may be offensive, defamatory, regulated, copyrighted, incorrect, untrue, prohibited, infringing or damaging to any person.
Petals Unfurling permits you to display on your website, or create a hyperlink on your website, to individual postings on the Website as long as such use is for non-commercial and/or news reporting purposes only (e.g., for use in personal web blogs or personal online media). You may also create a hyperlink to the home page of the Website, as long as the link does not portray Petals Unfurling, its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive matter. Users may not frame the Website on their own sites in any manner whatsoever, without the prior written consent of Petals Unfurling.
4. Authenticated Services
In the event that you receive user login credentials to this Website it is your responsibility to ensure the secrecy of your login credentials. Any activity on the Website authenticated with your login credentials shall be deemed binding on and attributable to you and unless otherwise agreed in writing, we may suspend or terminate access to any services on the Website without notice.
In terms of section 86 of the Electronic Communications and Transactions Act, 25 of 2002 you are notified that it is a criminal offence to gain unauthorised access to any restricted areas of this Website or to otherwise interfere with the proper functioning thereof.
5. User Content
In these Terms, your user content (referred to hereafter as “User Content”) means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this Website, for whatever purpose.
You own your User Content submitted to this Website, and may request its deletion at any time, unless you have shared the User Content with others and they have not deleted it, or it was copied or stored by other users. You grant Petals Unfurling a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, fully paid up and royalty-free right to use, to copy, adapt, prepare derivative works of, improve, distribute, publish, translate, remove, retain, add, process, analyse, use and commercialize, your User Content in any existing or future media, without any further consent, notice and/or compensation to you or to any third parties. Additionally, you also grant to Petals Unfurling the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your User Content must (i) not directly or indirectly breach any law, regulation or legally-binding code; (ii) infringe any person’s or entity’s copyrights, trademarks, privacy rights, moral rights, trade secrets, patents and any other legal rights; (iii) not be false, misleading, defamatory, libellous, slanderous or threatening; (iv) be free of viruses, Trojan horses, trap doors, back doors, Easter eggs, worms, time bombs, or other computer programming routines that may potentially damage, interfere with, intercept, or expropriate any system data or personal information; and (v) not contain nudity, sex, pornography, adult-oriented content or content of an obscene nature; (vi) contain expletive or inappropriate language; (vii) not be experienced as threatening, abusive, libellous, defamatory, racial, sexist, harassing, degrading, intimidating, hateful, invasive of privacy towards any individual or group of people; (viii) not contain or promote “spam”, mail fraud, pyramid schemes, investment opportunities or advice which is not permitted under law, or any other fraudulent activities; (ix) not cause annoyance, inconvenience or anxiety to any internet user; (x) not be capable of giving rise to legal action whether against you or Petals Unfurling or a third party (in each case under any applicable law).
Petals Unfurling reserves the right to edit or remove any User Content submitted to this Website, or hosted or published upon this Website.
Petals Unfurling does not undertake to monitor the submission of User Content, or the publication of such content on, this Website.
6. Privacy and Information Disclosure
Although every effort is made to protect the privacy of user contact information, your use of the Website signifies your agreement that Petals Unfurling may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
(i) comply with legal process;
(ii) enforce these Terms;
(iii) respond to claims that any Content violates the rights of third parties
(iv) respond to claims that contact information (e.g. phone number, street address) of a third-party has been posted or transmitted without their consent or as a form of harassment
(v) protect the rights, property, or personal safety of Petals Unfurling and officers, its Users or the general public
(vi) Petals Unfurling reserve the right to disclose aggregate and personally non-identifiable information to third parties.
This Website contains “Cookies”, which are used to optimise the efficiency of the Website for the user to monitor levels of traffic to the Website, and to compile reports on Website activity and usage. Data is collected for monitoring and reporting Website traffic, activity and is not tied to personally identifiable information. We therefore do not collect or store your personal information (e.g. your name or address) so this information cannot be used to identify who you are.
A cookie is a small text file that contains information and is stored on a user’s device when the user visits a website. This website uses both per-session cookies and persistent cookies:
Per-Session Cookies are temporarily stored on the user’s device during a browsing session and are deleted from the user’s device when the web browser is closed.
Persistent Cookies are stored on a users’ device for a fixed period and are not deleted when the web browser is closed. Persistent cookies are used to collect and store a user’s identifying information and Website preferences, so that they are remembered for the next visit.
Read our Cookies Policy for more information about the cookies we use and why we use them.
8. Electronic Communications
Any communication or material you transmit to the Website or the Webmaster by electronic mail or otherwise, including, but not limited to, any data, questions or answers, comments, suggestions, or the like, will be treated as non-confidential and non-proprietary by Petals Unfurling unless you and Petals Unfurling have entered into a valid confidentiality undertaking or similar written agreement. Petals Unfurling is entitled to unrestricted use of any communication or material transmitted to this Website, for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the submission.
Electronic communications shall only be deemed to have been received if and when responded to in a manner, other than by way of an automated response.
Electronic communications, including all attachments thereto, transmitted to you by us are subject to the following specific terms:-
(i) Information contained in electronic communications must be regarded as confidential and intended solely for the use of the intended recipient. Any unauthorised disclosure, copying, distribution or action in reliance upon the contents of this electronic communication is strictly prohibited and unlawful.
(ii) The views expressed in any electronic communications transmitted are those of the individual sender, unless the context clearly provides otherwise.
9. Disclaimer and Limitation of Liability
You agree that use of the Website is entirely at your own risk.
You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials (“Content”) posted on or linked by Users, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item of Content that you post, e-mail or otherwise make available via the Website. You understand that Petals Unfurling does not editorially control, and is not responsible for Content made available by Users and that by using the Website, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable.
10. Third Party Content, Sites and Services
The Website may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of Petals Unfurling, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.
Your interactions with organisations and/or individuals via the Website, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party organisations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
You agree that Petals Unfurling, its officers, employees, agents, affiliates and its successors are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that Petals Unfurling is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Petals Unfurling, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our Service.
11. Limitations on Service
You acknowledge that Petals Unfurling may establish limits concerning use of the Website, including the maximum number of days that Content will be retained, the maximum number and size of postings, e-mail messages, or other User Content that may be transmitted or stored by the Website, and the frequency with which you may access the Website. You agree that Petals Unfurling has no responsibility or liability for the deletion or failure to store any User Content maintained or transmitted via the Website. You acknowledge that Petals Unfurling reserves the right at any time to modify or discontinue the website and/or pages (or any part thereof) with or without notice, and that Petals Unfurling shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website.
12. Breaches of These Terms and Conditions
Without prejudice to Petals Unfurling and other rights under these Terms, if you breach these Terms in any way, Petals Unfurling may take such action as Petals Unfurling deems appropriate to deal with the breach, including suspending your access to the Website, prohibiting you from accessing the Website, blocking devices using your IP address from accessing the Website, contacting your internet service provider to request that they block your access to the Website and/or bringing court proceedings against you.
13. Intellectual Property Rights
Intellectual property, i.e. logos, icons and trade marks, on the Petals Unfurling Website may not be hyperlinked or used for other purposes without prior written consent from Petals Unfurling.
The names, images and logos identifying Petals Unfurling are proprietary marks of Petals Unfurling. Copying our logos and/or any other third party logos accessed through this site is not permitted without prior approval from the relevant copyright owner.
Requests for permission to use the Petals Unfurling logo should be emailed to email@example.com.
14. User Computer Equipment and Software
The User is responsible for acquiring and maintaining the necessary computer hardware, software, communication lines and Internet access accounts required to access the Website, at his/her own expense.
15. Virus Protection
Petals Unfurling makes no representation or warranty that the web servers on which this Website is located and made available to the public are free of viruses or any other devices that may infect your computer equipment with viruses or cause harm or damage in any way when you access, link to or download from this site.
15. Governing Law and Legal Costs
South African law, as applied and enforced by South African courts, governs the use of the Website, the Content and the Terms outlined above. Petals Unfurling shall not be liable for costs incurred by Users to obtain professional advice with regard to the legality of these Terms.
Published 20 March 2020.
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