FEEL SA (PTY) LTD WEBSITE TERMS AND CONDITIONS OF USE

Our website (the “Site”) is operated by FEEL SA (PTY) LTD (“Feel SA”, “we”, “us” and/or “our”) and has been created to provide our Site visitors (“you”, “your”) with information about our products/services and our business. The following are the terms and conditions of use of the Site (the “Terms of Use”) and Feel SA reserves the right to update these Terms of Use at any time, without notice to you. By accessing the Site, you are agreeing to the Terms of Use and Privacy Policy (accessed at https://feelsa.co.za/privacy-policy/) and if you wish not to be bound by these Terms of Use, you may not access, use, download, display or in any way copy or distribute the content of the Site.

All rights and/or defences afforded to us in these general terms and conditions shall stand to the benefit of Feel SA.

All users of this Site who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or legal guardian to use the Site.

If you have any questions regarding these Terms of Use, please contact us on newsroom@feelsa.co.za.

  1. Intellectual Property Rights

All content of this Site, including but not limited to all data, trade marks, photographs, images, articles, publications, databases, know-how, graphics, cinematographic films, video clips, text and data relating to Feel SA is the intellectual property of Feel SA, and/or has been authorised for use by Feel SA, unless otherwise stated, and may not be copied, reproduced, adapted, distributed, published, stored, modified, transmitted or recorded in any way without the express written consent from Feel SA. A request for written consent may be directed to newsroom@feelsa.co.za.

Feel SA does authorise non-commercial and lawful use of its content on the Site for informational or reference purposes on condition that Feel SA is provided due attribution to such work when used in other media by using Feel SA’s name following the copyright notice, e.g. © FEEL SA (PTY) LTD 2022 ALL RIGHTS RESERVED.

Subject to the rights afforded to the user herein, all other rights to all intellectual property on this Site are expressly reserved.

  1. Site Disclaimer and Exclusions of Liability

The content of this Site, including any hyperlinks to third party websites, is provided without warranty or representation of any kind, implied or otherwise. If you use or rely on such content you do so entirely at your own risk and you accept that Feel SA and any of the legal entities in respect of which information are contained on this Site, or employees of Feel SA, will have no liability to you in this regard for any damages whatsoever. Content may be removed or changed without notice. Feel SA reserves all its rights in the content. Please notify us immediately if you have reason to believe that any of the content on this Site is incorrect or is used unlawfully by sending us an email at newsroom@feelsa.co.za.

It is your responsibility to ensure prior to accessing this Site that it will be compatible with your hardware and/or software. Feel SA makes no representations or warranties that the technology available from this Site is free from errors or omissions or will meet any particular criteria of performance or quality.

Furthermore, please take care that information, ideas and opinions expressed on this Site should not be regarded as professional advice or the official opinion of Feel SA or any legal entity in respect of which information, ideas and opinions are expressed on this Site. Should you wish to rely on such information we recommend you verify the information.

In respect of any agreement being concluded with Feel SA, please take note that the provisions of Part 2 of Chapter III of the Electronic Communications and Transactions (No. 25 of 2002) (hereinafter the “ECTA”) are hereby excluded from applying to any electronic communications and data messages that you send to Feel SA via this Site. Accordingly, any such communications will be regarded as having been received by Feel SA when receipt is acknowledged in writing, which must not be an automated response, and valid agreements require an acceptance of an offer by Feel SA.

Use of our Site is entirely at your own risk. We make no representations or warranties of any kind, whether express or implied. We do not warrant that the functions provided by the Site will be uninterrupted or error free, or that the Site or the servers that make them available are free from viruses or other harmful components. We accept no liability, to the extent permitted by law, for any direct, indirect, incidental, special or consequential loss or damage of any kind whatsoever or howsoever caused arising from the access or use of our Site or the purchase of any of our products/services. You agree, to the extent permitted by law, to indemnify us against any loss or damage suffered or liability incurred by reason of any act or omission on your part or that of any third party acting on your behalf in connection with your use of our Site and/or your purchase of any products/services.

Without derogating from the generality of the above, Feel SA, nor any of its officers, directors and employees, shall not be liable for:

  • any interruption, malfunction, downtime or other failure of the Site or online services, our system, databases or any of its components, for reasons beyond our control;
  • any loss or damage with regard to your data or other data directly or indirectly caused by malfunction of our system, third party systems, power failures, unlawful access to or theft of data, computer viruses or destructive code on our system or third party systems; programming defects;
  • any interruption, malfunction, downtime or other failure of goods or services provided by third parties, including, without limitation, third party systems such as the public switched telecommunication service providers, internet service providers, electricity suppliers, local authorities and certification authorities;
  • any event over which we have no direct control.
  1. Use of this Site

You are welcome to browse or use our Site for your own personal, non-commercial, shopping and information purposes only. No other use is permitted without our prior written consent. The unauthorised use, copying, reproduction, variation, modification or distribution of the content of any of our websites, the uploading of any unlawful or damaging information or viral software or the creation of any links to our websites is strictly prohibited. You agree to indemnify us against any loss, damage, harm, claim or any other cost whatsoever that we may sustain as a result of your use of our Site and/or the contents of our websites contrary to these Terms of Use.

You may not post comments, statements or other materials on the Site that may be unlawful, obscene, defamatory or that may infringe copyright, trade marks or any other intellectual property rights. Any such unlawful postings will immediately be removed from the Site, without notice or warning and Feel SA cannot be held liable for any comments, statements of other materials posted on the Site.

Furthermore, you are strictly prohibited from using this Site for “spoofing”, “hacking”, “flaming”, “cracking”, “phishing” or “spamming” or any other activity designed or aimed at achieving purposes similar or the same as the aforementioned acts.

Without derogating from the generality of the above, you must not:

  • post, transmit or otherwise make available, through or in connection with the Site anything that is or may be threatening, harassing, degrading, fraudulent, wrongful, obscene, indecent or otherwise objectionable;
  • harvest or collect personally identifiable information about other users of the Site;
  • restrict or inhibit any other person from using the Site (including hacking or defacing any portion of the Site;
  • use the Site to advertise or offer to sell or buy any goods or services without Feel SA’s express written consent;
  • reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, or access to the Site.
  1. ECTA and disclosure of information

Access to the services, content, software and downloads available from the Site may be classified as “electronic transactions” as defined in terms of the ECTA, and therefore you have the rights detailed in Chapter 7 of the ECTA and Feel SA has, amongst others, the duty to disclose the following information:

  • The full name and legal status of Feel SA

means Feel SA, a private company incorporated in accordance with the Company Laws of the Republic of South Africa under Registration Number: 2022/723370/07

  • Governance of Feel SA

Feel SA’s board members are: Tania Nefdt; Jacki McEwen-Powell; Steven Robert Powell; and Shahan Ramkissoon.

  • Contact details

Telephone number: +27 21 023 0440

Email address: newsroom@feelsa.co.za

  • Website Address of this Site

http://www.https://feelsa.co.za/

  • Registered Head Office and physical address for receipt of legal services

Suite 605 Buitenkloof Studios

8 Kloof Street

Gardens

Western Cape

8001

  • Main business

Feel SA is an independent online multimedia news website and content production service that focusses on putting positive news first by being at the heart of the South African story. 

  • Records of transactions

Records of transactions may be obtained from Feel SA on request.

  1. Personal Information and Privacy

Your privacy matters to us and we are committed to the protection of your personal information. If you wish to know more about when and how we collect, use, share and store your personal information, please read our privacy notice located at https://feelsa.co.za/privacy-policy/.

  1. Security

Feel SA reserves the right to institute any legal action against any person that delivers or attempts to deliver any damaging code to this Site or attempts to gain unauthorised access to any page on this Site.

  1. Linking and Framing

Should you wish to frame any page on this Site, in any way whatsoever, this may not be done without the prior written approval on Feel SA.

Furthermore, our Site may contain various hyperlinks to third party operator websites over which we have no control and are only for convenience. Accordingly, Feel SA disclaims all responsibility and liability in respect of the use of any such hyperlinks, whether directly or indirectly, or the websites to which such hyperlinks point. Hyperlinks found on our Site do not imply the endorsement of such links or the websites to which they point, by Feel SA. Your reliance on any information contained in such third party material is entirely at your own risk.

  1. Marketing

We send out various newsletters and other marketing material. You are free to unsubscribe from any marketing material at any stage.

  1. Severability

These Terms of Use, along with Feel SA’s Privacy Policy which can be found here https://feelsa.co.za/privacy-policy/ constitute the relationship between you and Feel SA. Any failure by Feel SA to exercise or enforce any right or provision of these Terms of Use shall in no way constitute a waiver of such right or provision. If any term is not fully enforceable or valid for any reason, such term(s) shall be severable from the remaining terms and the remaining terms shall not be affected by such invalidity or unenforceability and shall remain enforceable.

  1. Non-compliance

Any non-compliance with our Terms of Use will be met with the disclosure of your information to law enforcement authorities and Feel SA reserves the right to disallow access to this Site.

  1. General

These Terms of Use are governed by the laws of the Republic of South Africa. Any dispute arising in relation to these Terms of Use shall, to the extent permitted by law, be referred to arbitration in Cape Town at a venue of our choice applying the Uniform Rules of the High Court of South Africa.

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