TERMS AND CONDITIONS OF USE OF THE
HAPPY & HEALTHY CO. ONLINE COMMUNITY
1 ACCEPTANCE OF TERMS
1.1 Your access to and use of Happy & Healthy Co. Online (“the Website”) and any Services referred to in Clause 2, is subject exclusively to these Terms and Conditions. You will not use the Website/Services for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website/Services you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website/Services.
1.2 We reserve the right to update or amend these Terms and Conditions at any time and your continued use of the Website/Services following any changes shall be deemed to be your acceptance of such change. It is therefore your responsibility to check the Terms and Conditions regularly for any changes.
2 THE SERVICES
The Website may provide communication tools such as email, bulletin boards, chat areas, news groups, forums and/or other message or communication facilities (“the Services”) designed to enable you to communicate with others. Unless stated otherwise the Services are for your personal and non-commercial use only.
3.1We are committed to responsible data management and subscribe to the principals of the data protection legislation in South Africa. We are committed to maintaining the privacy of our users and maintaining the security of any personal information received from you. If you register for any of the Services you will be asked to provide basic personal information. The information provided by you is not available for sale or use by third parties. The information is used solely for notifying you of changes or updates to the Website/Services.
3.2 We may use a technology called “cookies” as part of our normal business procedure to track patterns of behaviour of visitors to the Website. A cookie is an element of data that the Website sends to your browser that is then stored on your system. You can set your browser to prevent this happening. Any information collected in this way can be used to identify you unless you change your browser settings.
4 USER ACCOUNT, PASSWORD AND SECURITY
If a particular Service requires you to open an account you will be required to complete the registration process by providing certain information and registering a username and password for use with that Service. You are responsible for maintaining the confidentiality of the username and password and also for all activities which take place under your account. You agree to immediately notify us of any unauthorised use of your password or account or any other breach of security. In no event will The Happy & Healthy Co. be liable for any indirect or consequential loss or damage whatsoever resulting from the disclosure of your username and/or password. You may not use another person’s account at any time, without the express permission of the account holder.
5 ACCEPTABLE USE
5.1 You acknowledge that all information, text, graphics, logos, photographs, images, moving images, sound, illustrations and other materials (“the Content”), whether posted publicly or transmitted privately, are the sole responsibility of the person from whom such Content originated. Happy & Healthy will not be liable in any way for any Content or for any loss or damage of any kind resulting from the use of any Content transmitted via the Services and you agree to bear all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content.
5.2 In using the Website/Services you agree not to:
5.2.1 use the Services to send junk email, spam, chain letters, pyramid schemes or any other unsolicited messages, commercial or otherwise;
5.2.2 post, publish, distribute or disseminate material or information that is defamatory, infringing, obscene, indecent, threatening, abusive, harassing or unlawful;
5.2.3 use the Services or Materials for any unlawful purposes or to conduct any unlawful activity, including, but not limited to, fraud, embezzlement, money laundering or insider trading;
5.2.4 post, publish, distribute or disseminate material or information that incites discrimination, hate or violence towards any person or group on account of their race, religion, disability, nationality or otherwise;
5.2.5 threaten, abuse, disrupt, stalk or otherwise violate the legal rights (including rights of privacy and publicity) of others;
5.2.6 use any information or material in any manner that infringes any copyright, trademark, patent or other proprietary rights of any party;
5.2.7 upload, post, email, transmit or otherwise make available or initiate any Content that contains software viruses, worms, Trojan horses or any other computer code, files or programs that interrupt, destroy or limit the functionality of the Services or the Materials or that may impact the ability of any Happy & Healthy user to access the Services;
5.2.8 access the Services through automated methods. The Services may only be used or accessed through an electronic device through manual control at all times;
5.2.9 send messages using the Services which do not correctly identify the sender and you may not alter the attribution of origin in electronic mail messages or postings;
5.2.10 share your password, let anyone else access your account, or do anything that might jeopardize the security of your account. You will not attempt to or actually access the Services or Materials by any means other than through the interfaces provided by Happy & Healthy;
5.2.11 attempt to or actually override any security component included in or underlying the Materials or Services;
5.2.12 attempt or engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on Squarespace’s infrastructure;
5.2.13 collect or store personal information about others, including email addresses;
5.2.14 advertise or offer to buy or sell goods or services for any commercial purpose, unless such communication facility specifically allows such messages;
5.2.15 impersonate any person or entity;
5.2.16 imply or state, directly or indirectly, that you are affiliated with or endorsed by Squarespace without our express written permission;
5.2.17 publish Content that is spam, is machine- or randomly-generated, and/or contains unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing), or mislead recipients as to the source of the material (such as spoofing);
5.2.18 use the Website/Services in any manner that could damage, disable, overburden or impair the Website/Services or interfere with any other party’s use and enjoyment of the Website/Services;
5.2.19 post, publish, distribute or disseminate material or information that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information or confidential information disclosed in the course of employment or under a confidentiality agreement);
5.2.20 attempt to gain unauthorised access to any of the Services, other accounts, computer systems or networks connected to the Website/Services through hacking, password mining or any other means;
5.2.21 violate any applicable laws or regulations;
5.2.22 breaches another’s privacy;
5.2.23 publish Content, or links to Content, that is:
i. Pornographic, sexually explicit, or violent.
ii. Illegal (including stolen copyrighted material and material that infringes or has the potential to infringe the intellectual property rights of another).
iii. Reasonably likely to cause harm, or that could be reasonably considered as slanderous or libelous.
5.3 We will monitor the Services and are entitled to review materials posted to a communications facility and, at our sole discretion, to remove any material that breaches these Terms and Conditions or is otherwise objectionable.
We have the right to terminate your access to any or all of the Services at any time, without notice, for any reason, including without limitation, breach of these Terms and Conditions. We may also at any time, at our sole discretion, discontinue the Website/Services or any part thereof without prior notice and you agree that we shall not be liable to you or any third party for any termination of your access to the Website/Services.
7 LINKS TO THIRD PARTY WEBSITES
The Website/Services may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that the Happy & Healthy Co. is not responsible for the Content or availability of any such sites.
8 INTERNATIONAL USE
You agree to comply with all applicable laws regarding the transmission of technical data exported from South Africa or the country in which you reside (if different) and with all local laws and rules regarding acceptable use of and conduct on the Internet.
9 INTELLECTUAL PROPERTY RIGHTS
9.1 The Website and its Content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website and the Services) are protected by copyright, trade marks, patents and other intellectual property rights and laws.
The Happy & Healthy Co. encourages you to access, copy, re-tweet, share, download and print, view and/or listen to the Content on the website for educational and non-commercial use, provided you credit the Happy & Healthy Co. and abide by any notice or restrictions in the material that you copy, re-tweet, share, download or print.
You must not use the Happy & Healthy Co. Content for any other purpose without prior written approval from the Happy & Healthy Co., including:
• commercial purposes;
• republish any Happy & Healthy Co. Content on another website (although this does not prevent you from sharing Happy & Healthy Co. Content via on media);
• modify Happy & Healthy Content in any way;
• use any illustrations, images, video or audio sequences or any graphics within Happy & Healthy Co. separately from any accompanying text; and
• remove any trade mark, copyright or other proprietary notices contained in or appearing on Happy & Healthy Co. Content in whole or in part.
If you wish to make any use of Happy & Healthy Co. Content that is not authorised by these Terms and Conditions of Use, please contact us for permission explaining the purpose of use and full details of any Happy & Healthy Co. Content you wish to use.
9.2 The Happy & Healthy Co. does not claim ownership of any materials you post, upload or submit to any publicly accessible area of the Happy & Healthy website. However, by doing so you are granting us a world-wide, royalty free, non-exclusive license to copy, distribute, transmit, reproduce, publicly display, edit, translate or publish such Content for as long as you elect to display such Content via the Services. The license shall be terminated when such Content is deleted from the Services.
You agree to indemnify and hold the Happy & Healthy Co. harmless from and against any breach by you of these Terms and Conditions and any claim or demand brought against the Happy & Healthy Co. by any third party arising out of your use of the Services and/or any Content submitted, posted or transmitted through the Services, including without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by the Happy & Healthy Co. in consequence of your breach of these Terms and Conditions.
11 DISCLAIMERS AND LIMITATION OF LIABILITY
11.1Use of the Website/Services is at your own risk. The Website/Services are provided on an “AS-IS” and “AS-AVAILABLE” basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
11.2 To the extent permitted by law, the Happy & Healthy Co. will not be liable for any indirect or consequential loss or damage whatsoever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website/Services.
11.3 The Happy & Healthy Co. makes no warranty that the Website/Services will meet your requirements, that Content will be accurate or reliable, that the functionality of the Website/Services will be uninterrupted or error-free, that defects will be corrected or that the Website/Services or the server that makes them available are free of viruses or anything else which may be harmful or destructive.
11.4 Nothing in these Terms and Conditions shall affect your statutory rights as a consumer.