Terms
& Conditions
1. General
- You (the User) agree, with your use of this application and/or site, which provides
you with access to download certain third party services for free and/or for payment("the
services"), that you are bound to these terms which may be amended without notice
at any time and which will be available on Leaf's website from time to time. Your
use of the services constitutes your binding acceptance of these Terms. Should you
not agree to the terms, you should immediately stop using the services. Only persons
of a legal age to contract may make use of the Services and if you are not of a
legal age to contract, you should immediately discontinue use of the Services;
- Leaf shall mean Leaf International Communications (Pty) Ltd and its affiliated companies
and agents from time to time;
- Leaf should in no way be seen as a content aggregator;
- Some of the third party applications and/or content items ("third party services")
that forms part of the Services may be subject to additional terms and conditions
as posted on the particular third party website and/or available from the particular
third party from time to time;
- Leaf has the right, but not the obligation, to take any of the following actions
in our sole discretion at any time and for any reason without giving you any prior
notice:
- Restrict, suspend, or terminate your access to all or any part of our Services;
- Change, suspend, or discontinue all or any part of our Services;
- Move, or remove any link to content that is available on our sites;
- Deactivate or delete your accounts and all related information and files in your
account;
- The User agrees that Leaf shall not be liable to it or any third party for taking
any of the actions set out above;
2. Services and third party applications
- Leaf renders the service of providing users with a link to certain services as listed
in the application and/or on the website;
- Leaf does not own, create, aggregate or have any other interest in the third party
services and/content.
- Your use of each third party service shall be subject to the terms and conditions
applicable to such third party application and/or content item from time to time
and is entirely out of Leaf's control. The user therefore uses the services entirely
at its own risk and Leaf does not guarantee the accuracy, availability, integrity,
or the quality of the third party services. Leaf shall not be responsible and/or
liable for contributions by content providers not being what they purport to be,
which will include it being of an explicit or offensive nature. The user understands
the risk of being exposed to content that he finds offensive, indecent, or objectionable
or that is inaccurate, and the user bears all risks associated with using the services.
Leaf shall use its best endeavours in its sole discretion, but shall be under no
obligation, to remove any service that may in its sole opinion violate any user's
rights Leaf's terms or which is otherwise objectionable.
- Leaf does not sell, resell, or license any of third party services and the content
of such third party services which is offered as part of Leaf's service offering
and Leaf disclaims any responsibility for or liability related to it. Your correspondence
or related activities with third parties, including payment transactions and goods-delivery
transactions, are solely between you and such third party. You agree that Leaf will
not be responsible or liable for any loss or damage of any kind incurred as the
result of any of your transactions with third parties whether directly, indirectly
or consequential of nature. Any questions, complaints, or claims related to any
product, content or service on a third party site should be directed to the appropriate
content provider.
3. Privacy policy
- All of the information that we collect from you, such as registration and credit
card information, is subject to our privacy policy which may be found on our website.
4. User conduct
- If Leaf issues you a password, you may not reveal it to anyone else and similarly
you may not use anyone else's password. The responsibility for maintaining the confidentiality
of your accounts and passwords remains with the user. The user agrees to immediately
notify Leaf of any unauthorized use of your passwords or accounts or any other breach
of security when the user becomes aware of such breach. The user further hereto
agrees to exit from his account at the end of each session and Leaf shall not be
responsible for any loss or damage that may result in the user's failure to do so;
- The service and any necessary software and technology used in connection with the
service is the property of Leaf and the end user shall not copy, loan, create derivative
works, modify, lease, rent, loan, sell, assign, distribute, reverse engineer or
otherwise transfer any right to the technology or software underlying the services
or Leaf's website and/or application. The user agrees not to modify versions of
such software, including (without limitation) for the purpose of obtaining unauthorized
access to the application and/or site and/or obtain unauthorised access through
any other means than the intended interface;
- The user agrees not to (without limitation):
- Harass, defame, abuse, threaten, defame, infringe on a person's privacy, or violate
the legal rights of others in any manner;
- Interfere with or disrupt Leaf's sites, servers, or networks; Download any file
that the user should/does reasonably know cannot be legally obtained in such manner;
- Restrict or inhibit any other user from using and enjoying any public area within
Leaf's application and/or site;
- Collect or store personal information about other end users for any reason whatsoever;
- Engage in any illegal activities in the territory in which it is accessed.
- If a user chooses a username that, in Leaf's sole discretion, is obscene, indecent,
abusive or deemed to be inappropriate for any reason in Leaf's sole discretion Leaf
reserves the right, without prior notice to you, to automatically change/refuse
user's username or any other action which it deems to be appropriate.
- Unauthorized access to Leaf's sites is a material breach of the terms of use and
is illegal.
5. Disclaimers
- The user understands and agrees that,
- The use of the application and/or website and/or services is entirely at his own
risk. The services are provided on an "as is" basis and all warranties, guarantees
and/or conditions and other terms implied by statute or common law are, to the fullest
extent permitted by law, excluded. Without limiting the aforegoing, Leaf makes no
warranty (whether express or implied) that (a) the Products will meet the User's
requirements, (b) the Services will be uninterrupted, timely, secure, virus- free
or error-free; (c) the results that may be obtained from the use of the Services
will be effective, accurate or reliable, (d) the quality of the Services and/or
sites linked to will meet the User's expectations or any defects in the services
will be corrected, or that (f) the information provided will be accurate. In addition,
Leaf makes no representations and warranties, express or implied, including the
implied warranties of fitness for a particular purpose, merchantability and non-infringements.
In no event will Leaf, its employees, contractors, affiliated companies and/or affiliated
third parties mentioned on Leaf's website from time to time be liable for any loss,
injury, death or damages of any kind, including without limitation, direct, indirect,
incidental, punitive or consequential damages (including, but not limited to, damages
for lost profits, incidental, special or consequential damages, business interruption
and loss of programmes or information) claims and/or actions arising out of or in
connection with the services and/or use of the services, performance or use of the
services. This clause shall survive the termination or expiration of this agreement
for any reason whatsoever.
6. General
- These terms constitute the entire agreement between the parties. In the event of
the invalidity of any part or portion of these terms for any reason whatsoever,
such invalidity shall not affect the validity or enforceability of any other part
or provision of this agreement and such invalid part or portion shall be deemed
to have been struck out of the agreement. No waiver by Leaf in respect of the User's
actions or omissions with regard to any breach, failure or default in performance
by the User, and no failure, refusal or neglect by Leaf to exercise any right hereunder
or to insist upon strict compliance with or performance of the User's obligations
under this agreement, shall constitute a waiver of the provisions of this agreement
and Leaf may at any time require strict compliance with the provisions hereof. These
terms and conditions will be governed by and construed in accordance with the laws
in force in the Republic of South Africa. All disputes arising out of or relating
to this agreement including disputes as to the meaning or interpretation of any
provision of these terms, shall first be resolved or attempted to be resolved by
the parties (parties in this context meaning the user and Leaf) through bona fide
discussion within 30 (thirty) days of such dispute having been declared by any of
the parties; Subject to the parties not being able to resolve the matter as contemplated
aforementioned, any dispute will be referred to an independent Advocate of the Johannesburg
Bar Council with at least 10 years standing and has experience in the field of IT
law, as agreed on by the parties; The arbitrator shall act as an expert and not
an arbitrator and shall not be bound to the rules of arbitration under the provisions
of the arbitration laws for the time being in force in the Republic of South Africa
(as it is constituted from time to time). The arbitrator will be entitled to make
such award, including an award for specific performance, an interdict, damages or
a penalty or otherwise as he in his sole discretion may deem fit and appropriate
and to deal as he deems fit with the question of costs. The aforestated will not
preclude either party from obtaining intermediate relief on an urgent basis from
a court of competent jurisdiction, pending the decision of the arbitrator.