TERMS AND CONDITIONS

This page states the terms and conditions under which you may use Pocket Caddie Software. Please read this page carefully. If you do not accept the terms and/or conditions stated here, do not use this website and service. By using this website, you are indicating your acceptance to be bound by the terms of these terms and conditions. Pocket Caddie Software may revise these terms and conditions at any time by updating this page. You should visit this page periodically to review the terms and conditions, to which you are bound. The terms "You" and "User" as used herein refer to all individuals and/or entities accessing this website for any reason.

 

1.

COPYRIGHT

1.1

Copyright 2004-2008© Pocket Caddie Software, PO Box 3520 Cramerview 2060, South Africa. All rights not expressly granted are reserved.

1.2 

Users may download, view and print content from this site for private and non-commercial purposes only.

1.3

All moral rights of Pocket Caddie Software and its employees/agents are reserved.

2.

INTELLECTUAL PROPERTY RIGHTS

2.1

All the content, trademarks and data on this web site, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, designs and agreements, are the property of or licensed to Pocket Caddie Software and as such are protected from infringement by local and international legislation and treaties.

3.

ELECTRONIC COMMUNICATIONS

3.1

When a user visits Pocket Caddie Software's site or sends e-mails to Pocket Caddie Software, that user consents to receiving communications from Pocket Caddie Software electronically and agrees that all agreements, notices, disclosures and other communications sent by Pocket Caddie Software satisfies any legal requirements, including but not limited, to the requirement that such communications should be "in writing".

4.

HYPERLINKS

4.1

No person, business or web site may link to any page on this site without the prior written permission of Pocket Caddie Software.

4.2

Hyperlinks provided on this site to non-Pocket Caddie Software sites are provided as is and Pocket Caddie Software does not necessarily agree with, edit or sponsor the content on such web pages.

5.

FRAMING

5.1

No person, business or web site may frame this site or any of the pages on this site in any way whatsoever without the prior written permission of Pocket Caddie Software.

6.

SPIDERS AND CRAWLERS

6.1

No person, business or web site may use any technology to search and gain any information from this site without the prior written permission of Pocket Caddie Software. Such permission could be obtained from the person referred to in clause 1 hereof.

7.

DISCLAIMER

7.1

Apart from the provisions of sections 43(5) and 43(6) of the Electronic Communications and Transactions Act, neither Pocket Caddie Software nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this web site or the services or content provided from and through this web site. Furthermore, Pocket Caddie Software makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this web site are free from errors or omissions or that the service will be 100% uninterrupted and error free. Users are encouraged to report any possible malfunctions and errors to the person referred to in clause 1.

7.2

This web site is supplied on an "as is" basis and has not been compiled or supplied to meet the user's individual requirements. It is the sole responsibility of the user to satisfy itself prior to entering into this agreement with Pocket Caddie Software that the service available from and through this web site will meet the user's individual requirements and be compatible with the user's hardware and/or software.

7.3

Information, ideas and opinions expressed on this site should not be regarded as professional advice or the official opinion of Pocket Caddie Software and users are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this site.

7.4

All items purchased from Pocket Caddie Software are made pursuant to agreements with shipping and delivery agents and risk of loss pass from Pocket Caddie Software to such agents upon delivery of any item to such carrier.

7.5

Neither Pocket Caddie Software nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use any product sold on this web site.

8.

GOVERNING LAW

8.1

This site is hosted, controlled and operated from the Republic of South Africa and therefor governed by South African law.

9.

PRIVACY

9.1

Pocket Caddie Software shall take all reasonable steps to protect the personal information of Users. For the purpose of this clause, "personal information" shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.polity.org.za/html/govdocs/legislation/2000/act2.pdf

9.2

The User may elect not to receive any communications from Pocket Caddie Software and/or its partners / affiliates.

9.3

Pocket Caddie Software may collect, maintain, save, compile, share, disclose and sell any information collected from users, subject to the following provisions:

9.3.1    Pocket Caddie Software shall not disclose personal information from Users unless the User consents thereto;
9.3.2    Pocket Caddie Software shall disclose information without the User's consent only through due legal process; and
9.3.3    Pocket Caddie Software may compile, use and share any information that does not relate to any specific individual.

9.4

Pocket Caddie Software owns and retains all rights to non-personal statistical information collected and compiled by Pocket Caddie Software

10.

SECURITY

10.1

Users are prohibited from violating or attempting to violate the security of the Website, including, but without limitation:

  1. accessing data not intended for such user or logging into a server or account which the user is not authorized to access;

  2. attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;

  3. attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the website, overloading, "flooding", "spamming", "mailbombing" or "crashing";

  4. sending unsolicited email, including promotions and/or advertising of products or services;

  5. forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting;

  6. deleting or revising any material posted by any other person or entity;

  7. using any device, software or routine to interfere or attempt to interfere with the proper working of this website or any activity being conducted on this site.

 

10.2

Violations of system or network security may result in civil or criminal liability. Pocket Caddie Software will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations and civil damages shall be claimed in the event that Pocket Caddie Software suffers any damage or loss.

10.3

The user agrees and warrants that its log-in name and password shall:

10.3.1 be used for personal use only; and

10.3.2 not be disclosed to any third party.

10.4

The user allows Pocket Caddie Software to take all reasonable steps to ensure the integrity and security of the Pocket Caddie Software site and back-office applications.

11

WARRANTY

11.1

In no event shall Pocket Caddie Software, its suppliers, or any third parties referred to on this website be liable for any damages of whatsoever nature, whether for bodily, moral or material injury (including, without limitation, indirect, punitive, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the website and the material, whether based on warranty, contractual or extra-contractual liability, or any other legal matters, and whether or not Pocket Caddie Software is advised of the possibility of such damages.

12

CHANGES TO AGREEMENT

12.1

Pocket Caddie Software may, in its sole discretion, change this agreement or any part thereof at any time without notice.

13

DISPUTES

13.1

In the event of any dispute of any nature whatsoever arising between the parties on any matter provided for in, or arising out of this agreement, and not resolved through the Customer Relations Department of Pocket Caddie Software, then such a dispute shall be submitted to confidential arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa. Arbitration proceedings shall be conducted in Johannesburg in English. The arbitration rules may be downloaded from: http://www.arbitration.co.za/Pages/docs/expedited_rules.pdf.

14

TERM AND TERMINATION

14.1

This agreement shall commence when the user registers on the Pocket Caddie Software site and continues indefinitely until terminated by Pocket Caddie Software.

 

© Pocket Caddie Software 2009

 

A COPY OF THE ECT ACT MAY BE DOWNLOADED FROM: http://www.polity.org.za/pdf/ElectronicCommunications.pdf