Term & Conditions

Website owner, the offering, and binding of Terms

This website is owned and operated by Nature Journaling South Africa. These Terms set forth the terms and conditions under which you may use our website and services as offered by us. This website offers visitors information, links to resources and a discussion forum. By accessing or using the website of our service, you confirm that you have read, understood, and agree to be bound by these Terms, as required by the POPI Act 4 of 2013.

​Who can use our website

In order to use our website and/or receive our services, you must be at least 18 years of age, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.

The requirements to register and create an account

When you create an account with us and register as a member of the Service, you guarantee that you are above the age of 18 years, and that the information you provide us is accurate, complete, and current at all times. Furthermore, you thereby provide your consent for the processing of your personal information, as required by the POPI Act.

Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service. This is especially important with respect to your email address, since that is the primary way in which we will communicate with you about your account.

 

Account

​You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

 
Password

When you register as a member you will be asked to provide a password. You are responsible for safeguarding the password and you agree not to disclose your password to any third party. You agree that you shall be solely responsible for any activities or actions under your password, whether or not you have authorised such activities or actions. You shall immediately notify Nature Journaling South Africa website admin of any unauthorised use of your password.

Submitting Content

Content includes Comments, the Discussion Forums, your profile and/or Blog, images submitted by you. As a registered member of the Service, you will be granted the privilege of participating in forums on the Nature Journaling South Africa website as part of the Service, which means you may post Your Content for display in the relevant areas of the Nature journaling South Africa website, subject to your compliance with the Terms & Conditions, and Site Rules.

​Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.

By posting Content on or through the Service, you represent and warrant that:

  1. the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and

  2. that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright or any other rights of others.

 

You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us the right and licence to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this licence includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.

You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Service on your copyright.

Nature Journaling South Africa has the right but not the obligation to monitor and edit all Content provided by users.

Copyright in Your Content

You recognise and agree that by uploading any content (including, but not limited to designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text and literary works) through any means to the website, you confirm that you own all the relevant rights or received the appropriate licence to upload/transfer/send the content. You agree and consent that the uploaded/transferred content may be publicly displayed at the website.

​Nature Journaling South Africa does not claim ownership rights in Your Content. For the sole purpose of enabling us to make your Content available through the Service, you grant to Nature Journaling South Africa a non-exclusive, royalty-free license to reproduce, distribute, re-format, store, prepare derivative works based on, and publicly display and perform Your Content. Please note that when you upload Content, third parties will be able to copy, distribute and display your Content using readily available tools on their computers for this purpose although other than by linking to your Content on Nature Journaling South Africa any use by a third party of your Content could violate these Terms and Conditions unless the third party receives permission from you by licence.

Right to suspend or cancel user account

We may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms, the Site Rules, or any applicable law or regulations.

You may discontinue use and request to cancel your account and/or any services at any time.

Ownership of intellectual property, copyrights and logos

Except where you are the owner of the content, all other content found on or through this Service may only be used with the permission of Nature Journaling South Africa. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

Except where you are the owner of the content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of Nature Journaling South Africa. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.

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Retention of right to change offering

We may, without prior notice, change the services; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.

 
Indemnification

You agree to defend, indemnify and hold harmless Nature Journaling South Africa from and against any and all claims, demands, loss, damages, obligations, liability, cost or debt, claims or expenses (including but not limited to attorneys’ fees) made against them by any third party due to, or arising out of, or in connection with

  1. your use and access of the website and services, by you or any person using your account and password;

  2. a breach of these Terms, or

  3. Content posted on the Service.

Limitation of liability

To the maximum extent permitted by applicable law, in no event shall Nature Journaling South Africa, be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to:

  1. your access to or use of or inability to access or use the Service;

  2. any conduct or content of any third party on the Service;

  3. any content obtained from the Service;

  4. unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, delict/tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

  5. errors, mistakes, or inaccuracies of content;

  6. personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and

  7. any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.

Right to change and modify Terms 

We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review these pages periodically. When we change the Terms in a material manner, we will notify you that material changes have been made to the Terms. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service. 

Preference of law and dispute resolution

These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under, and enforced in all respects solely and exclusively in accordance with the internal substantive laws of the Republic of South Africa, without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in the eThekwini Magisterial District. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.

​Effective date of these Terms and Conditions: 26 June 2019. 
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