POLICIES & PRIVACY
1. GENERAL
Africa Futura Wildlife Restoration Lda is a
Mozambican-registered company, operating in Coutada 5 in
southern Sofala province (refer to the map). The company
is primarily, as the name says, involved with the
restoration of the depleted wildlife of Coutada 5.
2. INTELLECTUAL PROPERTY RIGHTS AND DOMAIN NAME USE
All intellectual property on the Africa Futura Wildlife
Restoration Lda website, including but not limited to
content, trademarks, domain names, patents, design
elements, software, databases, text, graphics, icons and
hyperlinks are the property of or licensed to Africa
Futura Wildlife Restoration Lda and as such, are
protected from infringement by domestic and
international legislation and treaties. Subject to the
rights licensed to the User in clause 2, all other
rights to intellectual property on the Africa Futura
Wildlife Restoration Lda website are expressly reserved.
3. SOFTWARE AND EQUIPMENT
It is the responsibility of the User to acquire and
maintain, at his/her own expense, the computer hardware,
software, lines and access accounts required to access
the Internet and the Africa Futura Wildlife Restoration
Lda website and/or download content from this website.
4. CHANGES AND AMENDMENTS
Africa Futura Wildlife Restoration Lda expressly
reserves the right, in its sole and absolute discretion,
to do any of the following, at any time without prior
notice:
4.1 change these terms and conditions;
4.2 change the content and/or services available from
the Africa Futura Wildlife Restoration Lda website;
4.3 discontinue any aspect of the Africa Futura Wildlife
Restoration Lda website or service(s) available from the
Africa Futura Wildlife Restoration Lda website; and/or
4.4 change the software and hardware required to access
and use the Africa Futura Wildlife Restoration Lda
website.
5. PRIVACY
5.1 Africa Futura Wildlife Restoration Lda shall take
all reasonable steps to protect the personal information
of Users and for the purpose of this clause, “personal
information” shall be defined as detailed in the
Promotion of Access to Information Act 2 of 2000 (PAIA);
5.2 Africa Futura Wildlife Restoration Lda may
electronically collect, store and use, amongst other,
the following personal information of Users:
5.2.1 name and surname;
5.2.2 contact details;
5.2.3 non-personal browsing habits and click patterns;
5.2.4 e-mail address; and
5.2.5 IP address.
5.3 Africa Futura Wildlife Restoration Lda collects,
stores and uses the abovementioned information for the
following purposes:
5.3.1 communicate requested information to the User;
5.3.2 newsletter database;
5.3.3 registration and / or authentication of Users; and
7.3.4 to compile non-personal statistical information
about browsing habits, click-patterns and access to the
Africa Futura Wildlife Restoration Lda website;
5.4 Information detailed above is collected either
electronically by using cookies or is provided
voluntarily by the User. Users may determine cookie use
independently through their browser settings;
5.5 Africa Futura Wildlife Restoration Lda may collect,
maintain, save, compile, share, disclose and sell any
information collected from users, subject to the
following provisions:
5.5.1 Africa Futura Wildlife Restoration Lda shall not
disclose personal information from Users unless the User
consents thereto;
5.5.2 Africa Futura Wildlife Restoration Lda shall
disclose information without the User’s consent only
through due legal process; and
5.5.3 Africa Futura Wildlife Restoration Lda may
compile, use and share any information that does not
relate to any specific individual; and
5.6 Africa Futura Wildlife Restoration Lda owns and
retains all rights to non-personal statistical
information collected and compiled by Africa Futura
Wildlife Restoration Lda.
6. HYPERLINKS TO THIRD PARTY SITES
6.1 Africa Futura Wildlife Restoration Lda may provide
hyperlinks to websites not controlled by Africa Futura
Wildlife Restoration Lda (target sites) and such links
do not imply any endorsement, agreement on or support
for the content of such target sites; and
6.2 Africa Futura Wildlife Restoration Lda does not
editorially control the content on such target sites and
shall not be liable, in any manner whatsoever, for the
access to, inability to access or content available on
or through such target sites.
7. SECURITY
7.1 Africa Futura Wildlife Restoration Lda shall take
all reasonable steps to secure the content of the Africa
Futura Wildlife Restoration Lda website and the
information provided by and collected from Users from
unauthorised access and/or disclosure. However, Africa
Futura Wildlife Restoration Lda does not make any
warranties or representations that content shall be 100%
safe and secure;
7.2 Africa Futura Wildlife Restoration Lda is under no
legal duty to encrypt any content or communications from
and to the Africa Futura Wildlife Restoration Lda
website and is also under no legal duty to provide
digital authentication of any page on the Africa Futura
Wildlife Restoration Lda website;
7.3 Users may not deliver or attempt to deliver, whether
on purpose or negligently, any damaging code, such as
computer viruses, to the Africa Futura Wildlife
Restoration Lda website or the server and computer
network that support the Africa Futura Wildlife
Restoration Lda website;
7.4 Notwithstanding criminal prosecution, any person who
delivers any damaging code to the Africa Futura Wildlife
Restoration Lda website, whether on purpose or
negligently, shall, without any limitation, indemnify
and hold Africa Futura Wildlife Restoration Lda harmless
against any and all liability, damages and losses Africa
Futura Wildlife Restoration Lda and its partners /
affiliates may suffer as a result of such damaging code;
7.5 Users may not develop, distribute or use any device
to breach or overcome the security measures of the
Africa Futura Wildlife Restoration Lda website and
Africa Futura Wildlife Restoration Lda reserves the
right to claim damages any and all persons concerned
with a security failure or breach; and
7.6 Any User who commits any of the offences detailed in
sections 85 to 88 of the ECT Act shall, notwithstanding
criminal prosecution, be liable for all resulting
liability, loss or damages suffered and/or incurred by
Africa Futura Wildlife Restoration Lda and its partners
/ affiliates.
8. DISCLAIMER AND LIMITATION OF LIABILITY
10.1 Subject to the provisions of sections 43(5) and
43(6) of the ECT Act, if applicable, and as far as
allowed by law, Africa Futura Wildlife Restoration Lda
(including its owners, directors, employees, suppliers,
Internet service providers, partners, affiliates and
agents) shall not be liable for any damage, loss or
liability of any nature incurred by whomever and
resulting from:
8.1.1 access to the Africa Futura Wildlife Restoration
Lda website;
8.1.2 access to websites linked to the Africa Futura
Wildlife Restoration Lda website;
8.1.3 inability to access the Africa Futura Wildlife
Restoration Lda website;
8.1.4 inability to access websites linked to the Africa
Futura Wildlife Restoration Lda website;
8.1.5 content available on the Africa Futura Wildlife
Restoration Lda website;
8.1.6 services available from the Africa Futura Wildlife
Restoration Lda website;
8.1.7 downloads and use of content from the Africa
Futura Wildlife Restoration Lda website; or
8.1.8 any other reason not directly related to Africa
Futura Wildlife Restoration Lda’s gross negligence.
8.2 The Africa Futura Wildlife Restoration Lda website
is supplied on an "as is" basis and has not been
compiled to meet the User's individual requirements. It
is the responsibility of the User to satisfy himself or
herself, prior to entering into this agreement with
Africa Futura Wildlife Restoration Lda, that the content
available from and through the Africa Futura Wildlife
Restoration Lda website meets the User's individual
requirements and is compatible with the User's computer
hardware and/or software;
8.3 Information, ideas and opinions expressed on the
Africa Futura Wildlife Restoration Lda website should
not be regarded as professional advice or the official
opinion of Africa Futura Wildlife Restoration Lda and
Users are encouraged to seek professional advice before
taking any course of action related to the information,
ideas or opinions expressed on the Africa Futura
Wildlife Restoration Lda website;
8.4 Africa Futura Wildlife Restoration Lda does not make
any warranties or representations that content and
services available from the Africa Futura Wildlife
Restoration Lda website will in all cases be true,
correct or free from any errors. Africa Futura Wildlife
Restoration Lda shall take all reasonable steps to
ensure the quality and accuracy of content available
from the Africa Futura Wildlife Restoration Lda website
and encourage Users to report incorrect and untrue
information subject to the right of Africa Futura
Wildlife Restoration Lda to rely on its free expression
rights and determine, in its sole and absolute
discretion, the contents of this website; and
8.5 Africa Futura Wildlife Restoration Lda does not make
any warranties or representations that the Africa Futura
Wildlife Restoration Lda website shall be available at
all times. Users acknowledge that the Africa Futura
Wildlife Restoration Lda website may be unavailable due
to updates or other causes beyond the reasonable control
of Africa Futura Wildlife Restoration Lda, including,
but not limited to virus infection, unauthorised access,
power failure or other “acts of God.”
9. REMOVAL AND CORRECTION OF CONTENT
Users are encouraged to report untrue, inaccurate,
defamatory, illegal, infringing and/or harmful content
available from the Africa Futura Wildlife Restoration
Lda website to Africa Futura Wildlife Restoration Lda
and Africa Futura Wildlife Restoration Lda undertakes to
correct and/or remove such content or any part thereof
if the person reporting such content provided reasonable
grounds to prove the alleged nature of the content.
10. INTERCEPTION OF COMMUNICATIONS
10.1 Subject to the provisions of the Regulation of
Interception of Communications (RIC) Act 70 of 2002, the
User agrees to Africa Futura Wildlife Restoration Lda’s
right to intercept, block, filter, read, delete,
disclose and use all communications sent or posted by
the User to the Africa Futura Wildlife Restoration Lda
website, its staff and employees; and
10.2 The User agrees and acknowledges that the consent
provided by the User in clause 12.1 satisfies the
“writing” requirement as detailed in the ECT Act and the
RIC Act.
11. ENTIRE AGREEMENT AND SEVERABILITY
11.1 These terms and conditions constitute the entire
agreement between Africa Futura Wildlife Restoration Lda
and the User and shall take precedence over any
disclaimers and/or legal notices attached to any
communications and/or postings received by Africa Futura
Wildlife Restoration Lda from the User;
11.2 Any failure by Africa Futura Wildlife Restoration
Lda to exercise or enforce any right or provision shall
in no way constitute a waiver of such right or
provision; and
11.3 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.
12. AGREEMENT IN TERMS OF SECTION 21 OF THE ECT ACT
The User and Africa Futura Wildlife Restoration Lda
agree that:
12.1 the User shall be bound to these terms and
conditions and such agreement is concluded in Centurion
(South Africa) at the time the User enters the Africa
Futura Wildlife Restoration Lda website for the first
time;
12.2 data messages (as defined in the ECT Act) addressed
by the User to Africa Futura Wildlife Restoration Lda
shall only be deemed to have been received if and when
responded to;
14.3 data messages (as defined in the ECT Act) addressed
to the User by Africa Futura Wildlife Restoration Lda
shall be deemed to be received by the User as detailed
in section 23(b) of the ECT Act;
12.4 data messages (as defined in the ECT Act) addressed
by the User to Africa Futura Wildlife Restoration Lda
shall be deemed to have been created and sent by the
User from within the geographical boundaries of South
Africa;
12.5 electronic signatures, encryption and/or
authentication is not required for valid electronic
communications between the User and Africa Futura
Wildlife Restoration Lda; and
12.6 The User agrees and warrants that data messages
that are sent to Africa Futura Wildlife Restoration Lda
from a computer, IP address or mobile device normally
used by or owned by the User, was sent and/or authorised
by the User personally.
13. APPLICABLE AND GOVERNING LAW
Subject to clause 5.4, the Africa Futura Wildlife
Restoration Lda website is hosted, controlled and
operated from the Republic of South Africa and therefore
the South African law enforced by the South African
courts governs the use or inability to use the Africa
Futura Wildlife Restoration Lda website, its content,
services and these terms and conditions.
14. LEGAL COSTS
Africa Futura Wildlife Restoration Lda shall not be
liable for costs incurred by Users to obtain
professional advice relating to these terms and
conditions.
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