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TERMS OF USE
These Terms of Use (together with the documents referred to in it) sets out the terms on which you, the visitor, may make use of our, the OD Union website (www.odunion.com), whether as a guest or a registered user. Use of our website includes accessing, browsing, or registering to use our website.
Your use of our website constitutes your acceptance of these Terms of Use, in consideration of our provision to you of our website. If you do not agree to these Terms of Use, you must not use our website.
OTHER APPLICABLE TERMS
These Terms of Use refer to the following additional terms, which also apply to your use of our website:
our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our website, you consent to such processing and you warrant that all data provided by you is accurate; and
our Cookie Policy, which sets out information about the cookies used by us on our website.
ABOUT US
This website is operated by the OD Union, a voluntary unincorporated not for profit association, whose registered office is at The Mitre, 65 Campground Road, Rondebosch, Cape Town, 7700.
You are able to contact us in relation to our website at info@odunion.com, or write to us at the above address, FAO: The Mitre. Further contact information can be located at the [“Contact Us”] page of this website.
CHANGES TO THESE TERMS
We reserve the right to revise these Terms of Use at any time by amending this page. We shall reasonably attempt to notify you of any changes to these Terms of Use at the time of your first visit to our website following such changes being made, but in any event recommend that you check this page regularly. Any changes made shall have immediate effect upon being posted to this website, and your continuing use of our website constitutes your acceptance of such amended Terms of Use.
CHANGES TO OUR WEBSITE
We may update our website and/or change the content at any time. However, we do not guarantee that our website, or any content on it, will be free from errors or omissions. Any of the content on our website may be out of date at any given time, and we are under no obligation to update it.
ACCESSING OUR WEBSITE
Our website is made available free of charge.
We do not guarantee that our website, or any content on it, will always be available or be uninterrupted. Access to our website is permitted on a temporary basis. We may suspend, withdraw, discontinue, and/or change all or any part of our website without notice. We will not be liable to you if for any reason our website is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to our website. You are also responsible for ensuring that all persons who access our website through your internet connection are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them[(note, in particular, the section entitled “Children Under 12 Years of Age” in these Terms of Use).
YOUR ACCOUNT AND PASSWORD
If you use a login email address and choose a password, and/or we provide you with or you use any other piece of information, as part of our security procedures, you must treat such information as confidential and must not disclose it to any third party.
We have the right to disable any user account (including the use of any login email address and/or password on our site), whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Use.
If you know or suspect that anyone other than you know your login password, you must promptly notify us at: infor@odunion.com
CHILDREN UNDER 12 YEARS OF AGE
Children under 12 years of age may only obtain a profile on our website and use password-restricted areas with express parental consent. Any information obtained about children under 12 years of age shall be obtained, retained, and used in accordance with the terms of the Privacy Policy and Cookie Policy, and such child shall be subject to these Terms of Use (as with any user of our website).
If you do not consent to your child using our website, you must ensure that your child ceases all use of our website immediately.
INTELLECTUAL PROPERTY RIGHTS
This website and all content, including any software, code, designs, graphics, and/or other materials contained on or pertaining to this website are owned by or licensed to us and are protected by copyright, trade marks, patents, and/or other proprietary or intellectual property rights and/or laws (the “IP”). All of our rights pertaining to our IP (including any moral authorship or otherwise) are reserved. You are not permitted to use any of our IP except for as provided in these Terms of Use (or as otherwise specified on this website).
You may print off one copy, and may download extracts, of any page(s) from our website for your personal use, and you may draw the attention of others within your organisation to content posted on our website. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences, and/or any graphics provided on our website separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our website must always be acknowledged, and you must not remove any copyright or trade mark notices from any copies of the content of this website without our prior written consent. You must not use any part of the content on our website for commercial purposes without obtaining a licence to do so from us or our licensors (as applicable).
If you print off, copy or download any part of our website in breach of these Terms of Use, your right to use our website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You are responsible at all times for complying with these Terms of Use and any applicable intellectual property laws which apply to our website.
NO RELIANCE ON INFORMATION
The content on our website is provided for general information only. It is not intended to amount to advice on which you should rely.
Although we make reasonable efforts to update the information on our website, we make no representations, warranties or guarantees, whether express or implied, that the content on our website is accurate, complete, or up-to-date.
LIMITATION OF LIABILITY
Nothing in these Terms of Use excludes or limits our liability for:
death or personal injury arising from our negligence;
fraud or fraudulent misrepresentation; or
any other liability that cannot be excluded or limited by applicable law.
To the extent permitted by law, we exclude all conditions, warranties, representations, and/or other terms which may apply to our website or any content on it, whether express or implied (including any warranties with respect to availability, merchantability, fitness for a particular purpose, or otherwise).
We will not be liable to any user or any other person for any loss or damage (including any direct, indirect, incidental, and/or consequential losses), whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the:
use of, or inability to use, our website (or any part of our website); and/or
use of or reliance on any content displayed on our website,
whether or not we have been advised of the possibility of such claims and/or losses in advance, and even if such claim or loss is foreseeable.
We only provide our website for domestic and private use, and you agree not to use our website for any commercial or business purposes without obtaining our prior written consent.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service (DDOS) attack, or other technologically harmful material that may infect or otherwise affect your computer equipment, computer programs, data, and/or other proprietary material due to your use of our website or to your accessing or downloading of any content on our website, or on any website linked to it.
We assume no responsibility for the content of websites linked on our website. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
We shall not be liable to you for any breach of these Terms of Use or any failure or delay in providing to you our services through this website.
UPLOADING CONTENT TO OUR WEBSITE
Any content you upload to our website will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute, and/or disclose to third parties any such content for any purpose. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our website constitutes a violation of their intellectual property rights, or of their right to privacy.
You shall ensure that: (i) any content which you upload to, or post on, our website shall not be illegal, defamatory, or offensive; and (ii) that you have at the time of posting and shall maintain all relevant proprietary and intellectual property rights in the content which you are uploading or posting. You shall additionally ensure that you comply with our forum rules, as may be posted on our website from time to time, at all times when posting or uploading content to our website.
We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our website. We have the right to remove any posting you make on our website for any reason, including where, in our opinion, your post is obscene, offensive, and/or infringes on third party intellectual property rights.
The views expressed by other users on our website do not represent our views or values.
VIRUSES
We do not guarantee that our website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access our website. You should use your own, up-to-date virus protection software.
You must not misuse our website by knowingly introducing viruses, trojans, worms, logic bombs, and/or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our website, the server on which our website is stored, or any server, computer, or database connected to our website. You must not attack our website via a denial-of-service (DOS) attack or a distributed denial-of service (DDOS) attack. By breaching this provision, you may commit a criminal offence under the Electronic Communications Act 36 of 2005 and/or Communications and Transaction Act of 2002, and we will report any such breach to the relevant law enforcement authorities and co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our website will cease immediately.
LINKING TO OUR WEBSITE
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. Our website must not be framed on any other website, nor may you create a link to any part of our website other than the home page.
You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. You must not establish a link to our website in any website that is not owned by you. We reserve the right to withdraw linking permission without notice.
If you wish to make any use of content on our website other than that set out above, please contact us using the details set out in the “About Us” section of these Terms of Use.
THIRD PARTY LINKS AND RESOURCES IN OUR WEBSITE
Where our website contains links to other Sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those websites or resources. The following of any link to an external website is entirely at your own risk, and we shall not be liable for the content of such websites (see the “Limitation of Liability” section of these Terms of Use).
To the extent that this website or any content on this website is published or hosted by a third party, such third party shall not be responsible for the accuracy of such.
SEVERANCE
In the event that any part of these Terms of Use is held to be invalid, unlawful, or unenforceable by a competent body, it shall not affect the validity, legality, or enforceability of any other remaining terms within these Terms of Use.
WAIVER
If we do not enforce any right conferred to us under these Terms of Use, such non-enforcement shall not constitute a waiver of that right.
APPLICABLE LAW AND JURISDICTION
These Terms of Use (including their formation), your use of this website, and the contents of this website shall be governed by and construed in accordance with the laws of South Africa and will be subject to the exclusive jurisdiction of the High Court of South Africa.