Terms of Use

Cartoon Candy (PTY) LTD (“the Company”)
AGREEMENT REGARDING THE USE OF THE CARTOON CANDY WEBSITE

This agreement

This agreement regulates your use of the Company’s website, www.cartooncandy.co.za which is owned and operated by the Company (“the Website”). By accessing and using this Website, you agree to be bound by the terms and conditions of this agreement. If you do not agree to be bound by this agreement, you may not access, display, download, post and/or otherwise distribute any content or copy available on the Website. If there is anything you do not understand please email any enquiry to our webmaster at webmaster@cartooncandy.co.za (“the Webmaster”).

Personal information about you

The Company voluntarily subscribes to Section 51 of the Electronic Communications and Transactions Act (Act 2 of 2000). This means that we agree to the following:

• we cannot collect your personal information, which includes information about you such as your gender, religion, address and name, without your written permission to do so, unless we are required to do so by law;
• once you give us any of your personal information, we may only use this information to the extent to which you agree we may use it or the extent the law requires us to use the information;
• we are obliged to inform you of the specific purpose for which any personal information about you is being requested;
• we may not use your personal information without your permission to do so;
• we must keep a record of the personal information we obtain from you and the purpose for which we obtain this information for a period of at least one year;
• we may not disclose any of your personal information to a third party without your permission to do so or unless required to do so by law;
• we must keep a record of anyone to whom we disclose your personal information;
• we must destroy all personal information we may have about you once it becomes obsolete; and
• we can use your personal information for statistical purposes if we do not link it to you or your name.

Casual Surfing

The Company will receive various types of information from users who access the Website. This information will include information such as the IP address of your computer but will not include your email address or any other personal information about you. This information is used by us to measure the use of the Website such as the number of visits, average time spent at the Website and the pages viewed. We will use this information to improve the content of the Website. Because of the nature of this information, we do not have to keep it confidential and may distribute, copy and use it as we require.

The Company accepts no liability for any content posted to the Website by a third party and you shall remain responsible for the accuracy of any content you post to the Website.

You acknowledge that you are aware that a breach of the warranties contained in this clause is likely to cause The Company to suffer harm, both financial and otherwise. Accordingly, you hereby indemnity The Company in respect of any liabilities, claims, demands, actions, costs, damages and loss arising from the reliance of content provided on the Website or from the non availability of the Website for any reason whatsoever.

Information we will request from you:

Should we request personal information from you, we will advise you as and when we request such information. However, we do not give your personal information to anyone else nor do we allow anyone else to access it. You may choose not give us any personal information if we request it. If you provide any personal information to us, once you have provided this information you can check the accuracy of such information on our system by emailing the Webmaster.

We keep detailed records of the information you give us for a period of a year after the date on which you provide it to us. If the information becomes obsolete, we delete it from our system.

We will take reasonable steps to ensure that your personal information is kept secure.

Information you provide to us for posting to the Website, including but not limited to discussion forums:

By posting anything on the Website, you agree to the Company using it on the Website as we deem appropriate and that no payments will be made to you for such usage. The Company will, however, not be obliged in any way whatsoever to make such material available on the Website. You hereby grant us all rights necessary to enable us to make this information available on the Website, including the right to edit such content in our sole discretion. We will try to credit you as the source of the information, where possible.

You warrant that anything that you post to the Website will not contain any material:

• that contains any obscene, indecent or offensive language;
• that is false, defamatory, abusive, harassing or hateful;
• in respect of which another party holds the rights (without the necessary permission to do so);
• which is encrypted, constitutes junk mail or unauthorised advertising;
• invades anyone's privacy; and/or
• encourages conduct that would constitute a criminal offence or give rise to civil liability, or that otherwise violates any South African or international law or regulation. You agree to use the Website only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability.

You agree not to attempt gain access to the Company’s server by any means whatsoever or to disrupt or interfere with the running of the Website, including its software, or other party’s use of the Website, in any way whatsoever.

In relation to the discussion forum, the following general principles apply in relation to material you include:

• do not post libellous or defamatory comments
• do not post anything relating to any ongoing or pending trial
• do not post content which you have copied from someone else (i.e. you do not own the copyright)
• do not use profanities
• do not post a personal insult about another user
• do not advertise or solicit
• do not impersonate another user

It is not possible for the Company to review all material posted to the Website prior to it being made available on the Website. Should the Company become aware that any content you post to the Website is not in accordance with the principles of this agreement, the Company shall be entitled to remove such content immediately, in its sole discretion. If you are of the view that any content posted to the Website violates the principles of this agreement, please email the webmaster.

Use and access to content on the Website

The Company holds the rights necessary to enable it to make the content contained on the Website available on the Website. This content is protected by South African and international copyright laws. All rights in and to the content on the Website (including copyright, throughout the universe, for all purposes, in all media, whether now known or hereafter devised and for the life of the copyright and any extensions and renewals) are retained by The Company and nothing in this agreement shall be interpreted to mean that you acquire any of these rights. You may not use this content, other than by retrieving and displaying it on a computer screen, without the prior written permission of The Company to do so. Should you wish to request permission to use any of our content, please email the Webmaster.

The Company uses reasonable endeavours to ensure that the content on the Website is accurate and complete. However, some of the content contained on the Website may be provided by third parties and The Company is unable to check it for completeness or accuracy. The Company provides the content “as is”, without any warranties whatsoever. The Company shall not be responsible, in any way whatsoever, for any liabilities, claims, demands, actions, costs, damages and loss arising from the reliance of content provided on the Website or from the non availability of the Website for any reason whatsoever. In particular, The Company shall not be liable for any consequential loss.

Competitions and prizes

The following rules shall apply to all competitions, unless other rules are specifically provided in relation to a competition:

• The judges’ decision is final and no correspondence will be entered into.
• Staff of The Company, prize sponsors and their advertising agencies and families may not enter the competition.
• The prize is non-transferable and may not be converted into cash.
• All entries must be submitted in English only.
• Prize allocation to be provided in accordance with the allocated project budget.
• If the winner is under 18 years of age, the legal guardian’s written consent is required.
• The entrant consents to his/her name, biographical details and involvement in the competition being made available to the sponsors.
• The winner agrees to be photographed and to appear in marketing-related material of the Company.
• Only one entry per person is allowed (unless stated otherwise).
• The Company accepts no responsibility for any problems resulting in lost entries.
• Winners use the prize at their own risk. The Company shall not be liable for any loss, damage, personal injury or death which is suffered or sustained (including but not limited to that arising from any person’s negligence, including gross negligence) in connection with this competition or accepting or using the prize.
• Entrants will be deemed to have accepted these rules and agreed to be bound by them when entering. These rules are legal and binding upon entrants.
• The Company reserves the right to cancel, modify or amend the competition at any time, if deemed necessary in its opinion and if circumstances arise outside of their control.

Indemnity

You hereby indemnify The Company and its subsidiaries, affiliates, officers, employees, advertisers, partners, agents and representatives, and hold them harmless from any and all claims, demands and liabilities (including legal fees on the attorney and own client scale) that may arise from your submissions or provision of content, from your unauthorised use of material obtained from the Website, from your breach of this Agreement, or from any such acts arising through your use of the Website or any other violation of the rights of another person or party.

Law applying to this agreement

The Website is operated, controlled and administered by The Company from its offices within the Republic of South Africa. If you are accessing the Website from outside of South Africa, it is your responsibility to ensure that you comply with the laws of your country. This agreement shall be governed and interpreted by the laws of the Republic of South Africa and you consent to the jurisdiction of the jurisdiction of the Witwatersrand High Court in the event of a dispute or litigation.

This is the whole agreement

This agreement constitutes the sole record of the agreement between us and supersedes all previous agreements. Neither of us shall be bound by any representation, express or implied term, warranty, promise or the like not recorded in this agreement.

Changes to this agreement

The Company may change this agreement from time to time and we reserve the right to do so. These changes will become effective from the date on which they are posted to the Website. Accordingly, it is your responsibility to check the Website from time to time to see whether the terms of this agreement have been changed. Your continued use of the Website will be deemed to be an acceptance by you of agreement to these amendments.

Other than the variation of this agreement by us placing such amendment on the Website, as mentioned above, no addition to, variation of, novation, or agreed cancellation of this agreement shall be of any force or effect unless in writing.

No Waiver

No relaxation or indulgence which either of us may grant to the other shall constitute a waiver of the rights of that party and shall not preclude that party from exercising any rights which may have arisen in the past or which might arise in the future.

Severability

Should any provision of this agreement be void for vagueness or for any other reason, then that provision of this agreement shall be capable of being severed from the remainder of this agreement, which shall remain of full force and effect.