WEBSITE TERMS & CONDITIONS:
USAGE
1. By accessing and using the Joshua Generation Church ("Joshgen") Website, you, the User agrees to be bound by the Terms and Conditions set out in this legal notice. If the User does not wish to be bound by these Terms and Conditions, the User may not access, display, use, download, and/or otherwise copy or distribute Content obtained at the Website.
2. Joshgen reserves the right to change, modify, add to or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to this Website. It is the User's obligation to periodically check these Terms and Conditions at the Website for changes or updates. The User's continued use of this Website following the posting of changes or updates will be considered notice of the User's acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.
3. This Website is only intended to provide the User with information regarding Joshgen.
4. Joshgen expressly reserves the right, in its sole and absolute discretion, to alter or amend any criteria or information set out in this Website without notice.
5. OWNERSHIP AND COPYRIGHT
5.1. Copyright and Intellectual Property Rights: Joshgen provides certain information at the Website. Content currently or anticipated to be displayed at this Website is provided by Joshgen, its affiliates and/or subsidiary, or any other third party owners of such content, and includes but is not limited to Literary Works, Musical Works, Artistic Works, Sound Recordings, Cinematograph Films, Sound and Television Broadcasts, Program-Carrying Signals, Published Editions and Computer Programs ("the Content"). All such proprietary works, and the compilation of the proprietary works, are copyright of Joshgen, its affiliates or subsidiary, or any other third party owner of such rights ("the Owners"), and is protected by South African and international copyright laws. Joshgen reserves the right to make any changes to the Website, the Content, or to products and/or services offered through the Website at any times and without notice. All rights in and to the Content are reserved and retained by the Owners. Except as specified in these Terms and Conditions, the User is not granted a license or any other right including without limitation under Copyright, Trademark, Patent or other Intellectual Property Rights in or to the Content.
5.2. Limited License to General Users:
5.2.1. Joshgen grants the User, subject to the further terms of these Terms and Conditions, a non-exclusive, non-transferable, limited and revocable right to access, display, use, download and otherwise copy the current and future Content for personal, non-commercial and information purposes only.
5.2.2. This Website and the Content may not be reproduced, duplicated, copied, re-sold, visited or otherwise exploited for any commercial purpose without the express prior written consent of Joshgen.
5.2.3. All moral rights of Joshgen and its employees or agents are reserved.
5.2.4. The license does not allow the User to collect product or service listings, descriptions or other information displayed here, and does not allow any derivative use of this Website or the Content for the benefit of another merchant.
5.2.5. Documents specified above include the design and layout of this web site. Elements of this Website are protected by law and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from this web site may be copied or re-transmitted unless expressly permitted by Joshgen.
5.2.6. The User may not frame nor use framing technologies to enclose the Joshgen Website or the Content nor any part thereof without the express written consent of Joshgen.
5.2.7. Joshgen and the Owners do not offer products or services to minors. If you are under the age of 18, you may not respond to or otherwise accept or act upon any offers in the Website.
5.2.8. Joshgen and the Owners, their affiliates or subsidiary reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
5.2.9. Any unauthorised use terminates this license.
6. DISCLOSURES REQUIRED BY SECTION 43 OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT, NO. 25 OF 2002
6.1. The full name and legal status of the Website owner is JOSHUA GENERATION CHURCH, a voluntary association also known as "Joshgen".
6.2. The full address of the Website owner is detailed hereunder:
6.2.1. The website address of this Website is: www.joshgen.co.za
6.2.2. Elders of the Church: Andrew Selley, Philip van der Westhuizen, Russell Fraser, Morne van der Walt, Mike Davies, Grant Banwell, William Marais.
6.2.3. Physical address for receipt of legal service: 12 Wingate Crescent, Sunningdale, South Africa.
7. CHANGES AND AMENDMENTS
7.1. This Website may include technical or other inaccuracies or typographical errors. Changes and amendments are periodically made to the information herein and these changes will be incorporated in any new editions of this Website. Joshgen reserves the right to make improvements and/or changes or amendments to this Website at any time.
7.2. Joshgen reserves the right to change and amend the prices and rates quoted on this Website without any notice.
8. PRIVACY POLICY
Joshgen respects your privacy and is committed to privacy protection principles.
8.1. The Owners of the Website will not be responsible for any damages you or any third party may suffer as a result of the transmission of confidential information that you make to the Owners through the Internet, or that you expressly or implicitly authorise the Owners to make, or for any errors or any changes made to any transmitted information. To ensure acquaintance with and awareness of the privacy measures and polices of Joshgen, the User is urged to take care to read and understand the underlying privacy clauses incorporated in these Terms and Conditions:
8.1.1. Privacy: casual surfing: The User may visit the Website without providing any personal information. The Website servers will in such instances collect the IP address of the User computer, but not the email address or any other distinguishing information. This information is aggregated to measure the number of visits, average time spent at the Website, pages viewed, etc. Joshgen uses this information to determine use of the Website, and to improve Content thereon. Joshgen assumes no obligation to protect this information, and may copy, distribute or otherwise use such information without limitation.
8.1.2. Privacy: unsolicited information: If the User posts unsolicited content or other information ("the Information") to the Website, and unless otherwise indicated, then the User grants the Owners a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Information throughout the world in any media. The User grants the Owners the right to use the name that the User submits in connection with such Information, if they choose. The User warrants that the User owns or otherwise controls all of the rights to the Information that the User posts; that the Information is accurate; that by the supply of the Information to Joshgen, the User does not violate this Policy and does not infringe the rights of any person or entity; and that the User indemnifies the Owners for all claims resulting from the receipt by Joshgen of the Information the User supplies to it. Joshgen reserves the right but not the obligation to monitor and edit or remove any Information, where posted to public pages. Joshgen takes no responsibility, and assumes no liability for any Information posted by the User or any third party.
8.1.3. Privacy: solicited information the User give to Joshgen: Joshgen requires certain personal information to process transactions if the User requires any of Joshgen's products or services. Joshgen receives and stores all Information the User enters on the Website or gives to Joshgen, in any other way. The User may choose not to provide certain Information, but that may limit the services or products that the User may wish to obtain from Joshgen. Joshgen provides its products and services in conjunction with its affiliates and subsidiaries. In this regard and unless specifically restricted by the User from the license below, the User grants the Owners a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Information throughout the world in any media. The User information that is required by affiliates and subsidiaries to give effect to transactions that the User chooses to enter into, is shared with those entities.
8.1.4. Privacy: promotional information: Joshgen aspires to provide first-class service to its customers, which necessitates Joshgen providing information to the User regarding new services or special offers. In each instance, the User is provided an opportunity to opt-out of such information circulars. For more information, please call the Joshgen Help Desk, or send an email to: info@joshgen.org.za.
8.1.5. Privacy: lawful purposes: When Joshgen is served with due legal process requiring the delivery of personal customer Information, it has the legal duty to abide by that demand, and will do so.
8.1.6. Privacy: surveys: Joshgen understands that efficiency and customer care translates to good service. Joshgen may periodically conduct online customer care surveys to facilitate the updating of service standards. When it conducts a survey, Joshgen will inform the User how the information gathered will be used, and will provide the User with the opportunity to opt-out from such surveys.
8.1.7. Choice of Law: This Website is controlled, operated and administered by Joshgen from its offices as set out below within the Republic of South Africa. Joshgen makes no representation that the Content is appropriate or available for use in the locations or countries. Access to the Website from territories or countries where the Content is illegal is prohibited. The User may not use this Website in violation of South African export laws and regulations. If the User accesses this Website from locations outside of South Africa, that User is responsible for compliance with all local laws. These Terms and Conditions shall be governed by the laws of the Republic of South Africa, and the User consents to the jurisdiction of the Western Cape High Court in the event of any dispute. If any of the provisions of these Terms and Conditions are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect. These Terms and Conditions constitute the entire agreement between Joshgen and the User with regard to the use of the Content and this Website.
8.2. This privacy policy statement sets out Joshgen's information gathering and dissemination practices. Joshgen will not disclose any personal information to anyone except as provided for in this policy. We may however need to disclose personal information to Joshgen employees or agents who require such information to carry out their duties. There may also be situations where the law requires us to disclose your personal information. In all other situations, Joshgen will not disclose your personal information without giving you prior notice thereof and an opportunity to give your consent thereto.
8.3. Joshgen is not responsible for and gives no warranties or makes any representations in respect of the privacy policies or practices of linked or any third party websites.
8.4. Joshgen reserves the right to alter the Terms and Conditions of this privacy policy at any time. You will be responsible for reviewing any such changes each time you access the Joshgen Website and your continued use of the Website after changes have been posted online, constitutes your acceptance of this policy as modified by the posted changes.
8.5. If you have any questions or concerns arising from this policy or the way in which we are handling your personal information, please contact us at info@joshgen.co.za.
9. TRANSMISSION OF INFORMATION
9.1. The User acknowledges that information transmitted via the Internet, including without limitation e-mail, is susceptible to monitoring and interception. The User is therefore discouraged from transmitting to Joshgen any information that may be confidential, proprietary, or sensitive. The User shall bear all risk of transmitting such information in this manner and under no circumstances will Joshgen be liable for any loss, harm, or damage suffered by the User as a result thereof.
9.2. Any information or material sent to Joshgen will be deemed not to be confidential, unless otherwise agreed in writing by the User and Joshgen.
10. SEARCHING TECHNOLOGY
10.1. The use of non-malicious search technology, such as "web-crawlers" or "web-spiders", to search and gain information from this Website is not permitted if such technology will result in slowing down this Website server and/or copyright infringement of any data and information available from this Website. Data and information may only be used in compliance with sections 4.2 to 4.3 above.
11. LINKS TO THIRD PARTY SITES
11.1. Joshgen may provide links to the User only as a convenience and the inclusion of any link does not imply Joshgen's endorsement of such sites.
11.2. Linked websites or pages are not subject to the control of Joshgen, and Joshgen shall not be held responsible or liable, directly or indirectly, in any way for the contents, use, or inability to use or access any linked websites or any links contained in a linked website.
12. SECURITY
12.1. It is expressly prohibited for any person, business, or entity to gain or attempt to gain unauthorised access to any page on this Website, or to deliver or attempt to deliver any unauthorised, damaging or malicious code to this Website. Any person who delivers or attempts to deliver any unauthorised, damaging or malicious code to this Website or attempts to gain unauthorised access to any page on this Website shall be held criminally liable, and in the event that Joshgen should suffer any damage or loss, civil damages will be claimed.
13. DISCLAIMER
13.1. This Website and the information contained therein is provided "as is" and Joshgen makes no express or implied representations or warranties with regard thereto. Without limiting the generality of the aforegoing:
13.1.1. Joshgen does not warrant that the Website or information will be error-free or will meet any particular criteria of performance or quality. Joshgen expressly disclaims all implied warranties, including, without limitation, warranties of merchantability, title, fitness for a particular purpose, non-infringement, compatibility and accuracy; and
13.1.2. Whilst Joshgen has taken reasonable measures to ensure the integrity of this Website and its contents, no warranty, whether express or implied is given that any files, downloads or applications available via this Website are free of viruses, trojans, bombs, time-locks or any other data or code which has the ability to corrupt, damage or affect the operation of the User's system.
14. RISK AND LIMITATION OF LIABILITY
14.1. The User's use of this Website and the information contained therein is entirely at the User's own risk and the User assumes full responsibility and risk of loss resulting from the use thereof. Neither Joshgen, its affiliates, or their shareholders, agents, consultants or employees will be liable for any damages whatsoever, including, without limiting any direct, indirect, special, incidental, consequential or punitive damages, whether in an action arising out of contract, statute, delict or otherwise, relating to the use of, or inability to use, this Website or the information contained therein. This clause does not apply to section 43(5) and (6) of the Electronic Communications and Transactions Act, No. 25 of 2002.
14.2. While all reasonable steps have been take to ensure the accuracy and safety of the Joshgen Website, the use of the products or services advertised on this Website are used at the User's own risk. The User accepts full responsibility and risk of any injury, damage, or loss resulting from the use thereof. Joshgen will not be liable for any personal or physical damage or loss, howsoever caused, whether directly or indirectly, resulting from the use of the Joshgen Website.
15. SEVERABILITY
15.1. These Terms and Conditions of Use constitute the entire agreement between Joshgen and you, the User of this Website. Any failure by Joshgen to exercise or enforce any right or provision of these Terms and Conditions of Use shall in no way constitute a waiver of such right or provision.
15.2. In the event that any term or condition of the use of this Website is not fully enforceable or valid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall not be affected by such unenforceability or invalidity and shall remain enforceable and applicable.
16. CONTACT INFORMATION
16.1. If you have any questions, queries or wish to request permission to use any part of this Website, including, linking, framing, or searching, please contact us at:
Street Address: 12 Wingate Crescent, Sunningdale, Western Cape, South Africa.
Postal Address: PO BOX 50110, West Beach, 7449
Tel: [021 557 6020]
Fax: [021 557 5492]
Email: info@joshgen.org.za