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Terms & Conditions

It is important to note that the use of this web site is subject to the terms and conditions of use set out below. These serve both to protect users and the web site owner from unreasonable conduct. By using this site the user agrees and is deemed to have agreed to observe all terms & conditions of use, including any privacy or other policies which may appear elsewhere on this web site.

Click on the links below to access sections of this document:

Definitions

“web site owner” and/or “we” means eDot Web Technologies
“user” means any person accessing any part of the web site
“consumer” is defined as meaning any natural person (not a company, CC, trust etc) who enters or intends entering into an electronic transaction with this site as the end-user of the goods or services offered by this site.
“this web site” means http://www.kittycat.co.za and all sub pages thereof excluding links to external sites
“ECT Act” means the Electronic Communications & Transactions Act 25 of 2002

Use of this site

1. Use of this web site is strictly at the sole risk of the user.

2. This site provides information, listings, directories and information-sharing opportunities for the community of cat lovers, including classified advertisements placed by users and information about upcoming community events.

3. Unless otherwise indicated, users are welcome to copy, download or print out any of the visible text or images on this web site for personal and non-commercial use.

4. Users wishing to utilise content for their own commercial purposes may only doing so with the prior written permission of the web site owner. Requests for commercial use may be submitted by e-mailing kittycatsa@gmail.com The granting or refusing of permission is completely within the discretion of the web site owner, and may be conditional.

5. Any use of the content or any other part of this web site, including any content submitted by users, must clearly acknowledge www.kittycat.co.za as being the source thereof.

Amendments to content and information

6. The web site owner expressly reserves the right in its sole discretion to affect any amendment or alteration to the content and information set out in this web site.

7. Users acknowledge that it is their responsibility to familiarise themselves with any amendment or alteration affected.

Owner information & required disclosures under section 43 of the ECT Act

8. Please submit any query in respect of these Terms & Conditions or the use of this web site to us in any of the following ways

Web site owner:

eDot Web Technologies
E-mail: kittycatsa@gmail.com

Postal Address
P.O. Box 1220, Randburg, 2125, South Africa

No offer

9. Users should regard nothing contained in this web site as an offer but rather as an invitation to do business.

Disclaimers

10. THIS ENTIRE WEB SITE, INCLUDING TEXT, IMAGES, LINKS, DOWNLOADS AND CODING, IS PROVIDED “AS IS” AND “AS AVAILABLE”. THE WEB SITE OWNER MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES AS TO THE CORRECTNESS OR SUITABILITY OF EITHER THE WEB SITE OR THE INFORMATION CONTAINED IN IT.

11. SUBJECT TO CHAPTER 7 OF THE ECT ACT AND TO THE FULLEST EXTENT POSSIBLE UNDER THE APPLICABLE LAW, THE WEB SITE OWNER DISCLAIMS ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES OR LOSS HOWSOEVER ARISING, INCLUDING BUT NOT LIMITED TO DIRECT, ECONOMIC, CONSEQUENTIAL LOSS OR LOSS OF PROFITS, RESULTING FROM THE USE OF OR INABILITY TO USE THIS SITE IN ANY MANNER OR FROM RELIANCE ON ANY INFORMATION OR PICTORIAL REPRESENTATION CONTAINED ON THIS WEB SITE.

12. Notwithstanding any verification which may take place, the web site owner does not assert control over third party content and features which can be accessed through the use of this web site and does not examine or edit such content and features or act as an agent for third parties accessible through this web site. The web site owner is under no obligation to monitor the contents of the web site. As such and to the fullest possible extent permissible under law the web site owner disclaims any liability whatsoever for any loss or damage arising from the use of third party web sites, contents and features.

INDEMNITY

13. USERS AGREE TO INDEMNIFY AND HOLD HARMLESS THE WEB SITE OWNER, ITS OFFICERS, EMPLOYEES, ISPs, SERVANTS, SUBCONTRACTORS, PARTNERS, SUBSIDIARIES AND AFFILIATES FROM ANY DEMAND, ACTION OR APPLICATION OR OTHER PROCEEDINGS, INCLUDING FOR ATTORNEYS FEES AND RELATED COSTS SUCH AS TRACING FEES, MADE BY ANY THIRD PARTY AND ARISING OUT OF OR IN CONNECTION WITH THE USER’S USE OF OR INABILITY TO USE THIS WEB SITE, THIRD PARTY WEB SITES OR ANY OF THE SERVICES OFFERED THROUGH SUCH SITES IN ANY WAY, INCLUDING BUT NOT LIMITED TO THE PROVISION OF CONTENT.

THIRD PARTY SERVICES

14. Third party services such as advertisements and classifieds remain the full responsibility of the party offering such services and the web site owner disclaims any liability or responsibility for the content of such services or the actions of such third-parties.

15. Third parties offering services through this site hereby warrant that any content or other material supplied by them will be lawful and, in particular, will not constitute any infringements of the intellectual property rights of others.

16. The web site owner reserves the right to remove any third party content or service offering.

RECEIPT OF DATA MESSAGES

17. Data messages, including e-mail messages, sent by users to the web site owner shall be deemed to be received only when acknowledged or responded to.

18. A data messages sent by the web site owner to users shall be regarded as received when the complete data message enters an information system designated or used for that purpose by the recipient and is capable of being retrieved and processed by the recipient.

MONITORING AND INTERCEPTION OF DATA MESSAGES

19. In order to provide a relevant and secure service, and where required to do so under law, the web site owner may monitor and/or intercept electronic communications, such as e-mail, which are sent to this web site. To the full extent necessary under law the user hereby acknowledges that he or she is aware of such potential monitoring and/or interception and consents thereto.

Submission of content

20. Any content received by e-mail or other data message will be assumed to have been submitted for publication free of charge, unless the sender clearly stipulates that payment for the content is required and includes all relevant contact and pricing information in the e-mail or other data message.

21. The publication of content, either on-line or off-line, is within the sole and exclusive discretion of the web site owner.

Security

22. While we take all reasonable security precautions and subject to Chapter 7 of the ECT Act, no liability will lie for damage caused by the malicious use of this site or by destructive data or code that is passed on to the user through the use of this site.

23. The following acts in connection with this web site are expressly prohibited:

a. Gaining or attempting to gain unauthorised access to any web page or part of this web site;
b. Delivering or attempting to deliver any unauthorised or malicious code or content to this web site; and/or
c. Any amendment to or attempt to amend any of the content or any other part of this web site by unauthorised persons.

24. We will pursue prosecution of and compensation from any person that delivers or attempts to deliver any destructive code to this web site or attempts to gain unauthorized access to any page on or part of this web site.

Copyright and Intellectual Property protection

25. Copyright in all information, images, source codes and other original material contained in this web site which is not attributed to a third party, is held by or licensed to the web site owner. THE WEB SITE OWNER ASSERTS AND RESERVES ALL ITS RIGHTS, INCLUDING MORAL RIGHTS, IN THIS REGARD.

26. The web site owner grants to users a personal, non-exclusive, non-assignable and non-transferable license to use, print and display all content and information on any machine of which the user is the primary user for non-commercial purposes only.

27. If you believe that this site in any way infringes a third party copyright or other intellectual property right please let us know by e-mailing kittycatsa@gmail.com specifying the full details of the alleged infringement.

Automated searching

28. Automated transactions and searches are subject to these terms and conditions.

29. The use of malicious search technology is prohibited.

30. The use of search technology in an unlawful manner or for the collecting or harvesting of data for commercial gain is prohibited.

31. Search technology which does not unduly retard the operation of this web site is acceptable but the web site owner reserves the right to prohibit any specific entity from employing search technology on the web site.

Hyperlinks, deep links & framing

32. Permission to link to this web site is given without assumption of any liability. We reserve the right to withdraw permission granted to link to this web site at any time and for any reason.

33. Hyperlinks and/or advertisements contained on this web site and directed towards other web sites or users are provided without any warranties or endorsements as to the content, suitability, accuracy or security of the site linked to. This web site in no manner controls or edits the content of sites or pages linked to, and disclaims all liability, direct or indirect, which may arise from the use or inability to use a link or a linked-to web site.

34. Use of the sites or pages linked to is accordingly exclusively at the risk of the user.

35. The express permission in writing of the web site owner, which may be subject to conditions, is required before this site, any of its pages and/or any of the information contained on the site is framed. Requests for permission can be e-mailed to kittycat@kittycat.co.za.

What law governs this Agreement?

36. The user hereby agrees that the law applicable to these terms and conditions of use, their interpretation and any matter or litigation in connection therewith or arising from them will be the law of South Africa.

37. This web site is owned, hosted and maintained within the Republic of South Africa.

38. When using this site and agreeing to these Terms and Conditions such use and agreement is deemed to have taken place in Cape Town, South Africa.

DISPUTE RESOLUTION

39. Any dispute arising out of or in connection with these Terms and Conditions including any question regarding its existence, validity or termination, shall be settled by the online dispute resolution process in accordance with the TrustEnforce.org Mediation and Arbitration rules, which rules are deemed to be incorporated by reference into this clause.

40. Where the dispute has arisen in South Africa between parties in South Africa the place of the arbitration is deemed to be Cape Town, so the arbitration will be governed by these rules and by the arbitration law of South Africa and the dispute will be resolved in accordance with the law of South Africa.

41. Where the dispute has arisen between parties in different countries the arbitration is deemed to be an international arbitration, and the place of the arbitration is deemed to be Auckland, New Zealand, so the arbitration will be governed by the TrustEnforce.org mediation and arbitration rules and by the arbitration law of New Zealand, which has adopted the UNCITRAL Model Law on International Commercial Arbitration. In the case of an international arbitration the dispute will be resolved in accordance with the United Nations Convention on Contracts for the International Sale of Goods (1980)(if concerned with the sale of goods)and the UNIDROIT Principles of International Commercial Contracts (1994), supplemented where necessary by the CENTRAL List of Lex Mercatoria principles, rules and standards.

42. The language used during the dispute resolution process will be English.

43. Further information on Trustenforce.org is available from www.trustenforce.org.

Enforceability of this Agreement

44. Users may not cede, sub-license or otherwise transfer any rights they may have under these terms and conditions or which may otherwise have been obtained through the use of this site.

45. In the event of any part of these Terms and Conditions being found to be partially or fully unenforceable, for whatever reason, this shall not effect the application or enforceability of the remainder of this Agreement.

46. These Terms of Use contain the record of the entire agreement between the user and the web site owner.

47. Failure to enforce any provision of these Terms and Conditions shall not be deemed a waiver of such provision nor of the right to enforce such provision.

Date of Last Review: 12 May 2005

(c) 2005. nicciferguson inc. all rights reserved.

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