TERMS AND CONDITIONS OF USE
1.1. These terms and conditions of use apply to the www.varsityliving.co.za website and the website’s associated services. Please read the terms and conditions of use carefully before using the website.
- UNOFFICAL STATUS
Varsity Living is not recognised as an official website of any educational institution in South Africa nor are the contents, logos or any material on the Varsity Living website approved by any educational institution in South Africa.
The following words or phrases will have the following meanings when used in the terms and conditions of use. If a section of the terms and conditions of use contains definitions, it must be read in conjunction with the following definitions:
“Guidelines” all rules, guidelines and announcements (including, but not limited to, VL Rules and Guidelines) posted by Varsity Living on the Website
“Software” the programmes and other instructions used to operate the Website
“Terms” the terms and conditions of use of the Website as set out herein
“Users” the (a) users, members, subscribers, customers and persons who visit the Website; and (b) VL editors, VL moderators, VL ambassadors and any person holding a similar position of responsibility as identified by VL Holdings from time to time
(collectively or individually)
“User Generated Content” the text, messages, chat, files, images, sounds, musical works, works of authorship and any other material that Users post or transmit to the Website
“Varsity Living” operators of the Website, (including the editors, moderators, VL ambassadors and other persons holding a similar position of responsibility as may be identified by VL Holdings) and/or VL Holdings
“VL Ambassador” a person who acts as a representative or promoter for Varsity Living
“VL Editor” a person having responsibility for the compilation and revision or modification of the Website
“VL Holdings” means a company to be named VL Holdings (Pty) Ltd, which is in the process of formation which shall have transferred to it all the rights of ownership to Varsity Living, the Website, trade mark and other rights under these Terms
“Website” the entire contents of www.varsityliving.co.za and the website’s associated services
- LEGAL NOTICE
ATTENTION: This Legal Notice, which is issued by VL Holdings, applies to the entire contents of the Website. The terms of this Legal Notice apply to all Users.
PLEASE READ THESE TERMS CAREFULLY. Using the Website indicates that Users accept the Terms regardless of whether or not they choose to register with Varsity Living. User’s who do not accept the Terms, must not use the Website.
3.1. By accessing any part of the Website, Users shall be deemed to have accepted these Terms in full. If Users do not accept these Terms in full, they must leave the Website immediately.
3.2. When using the Website, Users will be subject to the Guidelines posted on the Website from time to time. All such Guidelines are incorporated by reference into these Terms.
3.3. Varsity Living reserves the right to revise these Terms (including the Guidelines) at any time by updating them. Users should check the Website from time to time to review the then current Terms, because it is binding on them. Certain provisions of these Terms may be superseded by expressly designated Term or Terms located on particular pages of the Website.
4.1. Users acknowledge that the Website is owned by VL Holdings and operated by Varsity Living and that:
4.1.1. The Varsity Living logo, the name “Varsity Living” (both of which are subject to pending trademark and copyright registration)and other intellectual property rights in respect of material on the Website and in the wider public domain (including (but not limited to) photographs and graphical images) are owned by VL Holdings.
4.1.2. The copyright and any other intellectual property rights on the database, the design, text, pictures, graphics and the selection and arrangement of them and in all software compilations, coding, source code, software and in all documents and/or other material on the Web Site belongs to VL Holdings absolutely or is exclusively licensed to VL Holdings.
4.1.3. Users shall only retain ownership rights to the User-Generated Content that they from time to time post or transmit to the Website.. Any User-Generated Content that a User posts or transmits to the Website shall be considered non-confidential.
4.2. By posting User-Generated Content you hereby grant:
4.2.1. VL Holdings a permanent, non-exclusive, assignable, royalty free licence to use, display, reproduce, distribute and modify your User-Generated Content. Images posted to the Website shall become the property of VL Holdings on posting.
4.2.2. To all other Users a non-exclusive licence to display, reproduce or perform (if applicable) your User-Generated Content solely as necessary for such User to participate in the Website activity or functionality.
4.3. Users may only download User-Generated Content from the Website for their own personal and non-commercial use.
4.4. Users shall not pass off or attempt to pass off any User-Generated Content posted by other Users as their own work. To do so would constitute an infringement of copyright and moral rights and may also breach regulations set out by educational institutions. This will automatically give rights to the owner of such Rights to a legal action against you.
4.5. If a User believes that the content of the Website in any way infringes Intellectual Property Rights belonging to you or any third party, the User should contact Varsity Living immediately.
4.6. Users acknowledge and agree that the Software used by Varsity Living contains proprietary and confidential information that is protected by applicable intellectual property and other laws.
4.7. Users further acknowledge and agree that content of the Website including the content of sponsor advertisements or other information presented to you either on the Website or through links from the Website is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on such content or the Software, in whole or in part.
- USER-GENERATED CONTENT AND CONDUCT
5.1. Any use of the User-Generated Content by Users other than for private, non commercial research or study is strictly prohibited.
5.2. Users are prohibited from posting or transmitting to or from the Website any material:
5.2.1. That is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, violent, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
5.2.2. For which Users have not obtained all necessary licences and/or approvals; or
5.2.3. Which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or
5.2.4. Which is technically harmful (including (but not limited to) computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data. (together “Inappropriate User-Generated Content”)
5.3. Varsity Living will fully co-operate with any law enforcement authorities or court order requesting or directing Varsity Living to disclose or identify or locate anyone posting any inappropriate User-Generated Content.
5.4. Varsity Living does not accept any responsibility for actively monitoring any forums contained in the Website for inappropriate User-Generated Content.
5.5. Varsity Living shall have the sole discretion to edit, refuse to post or remove any User-Generated Content that is submitted and/or posted to the Website.
5.6. Users agree that Varsity Living accepts no liability whatsoever if Varsity Living so chooses from time to time to edit, restrict or remove the User-Generated Content.
5.7. Users are entirely responsible for all the User-Generated Content that they upload, post, email or otherwise transmit via the Website. By submitting such User Generated Content, Users are declaring that they are the owner of all privileges to that content. Under no circumstances will Varsity Living be liable in any way for any User-Generated Content , including, but not limited to, any errors or omissions in any User-Gernerated Content, or any loss or damage of any kind incurred as a result of the use of any User-Generated Content.
5.8. Users shall be solely responsible for any User-Generated Content that they supply and warrant to Varsity Living that submitted User-Generated Content:
5.8.1. Does not contain any inaccurate or misleading information;
5.8.2.Does not infringe any copyright or other personal or proprietary right of any other person or entity;
5.8.3. Does not infringe any personal moral rights; and
5.8.4. Is not immoral, unlawful, threatening, abusive, defamatory, obscene, vulgar, profane and/or does not cause offence.
- PROHIBITED USE OF THE WEBSITE
6.1 No part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without the prior written consent of Varsity Living.
6.2. Users agree that they will not:
6.2.1. Use the Website for any purpose that is unlawful or prohibited by these Terms;
6.2.2. Use the Website in such a manner as would, in the sole discretion of Varsity Living, cause harm to the Website or other Users or otherwise interfere with the enjoyment of the Website;
6.2.3. Harass, abuse, bully, threaten or defraud another User;
6.2.4. Use any robot, spider, scraper or other automated means to access the Website for any purpose;
6.2.5. Attempt to gain authorised access to the Website through hacking, password mining or any other means; or
6.2.6. Interfere or attempt to interfere with the proper working of the Website.
6.3 Users specifically agree not to post on the Website any content or any correspondence which may be or may relate to:
- Adult content
- Drugs and associated objects
- Goods embargoed
- Guns, explosives, ammunition, military replicas and items
- Official documents issued by the State
- Dangerous and illegal substances
- Invitation to perform illegal activities
- Drugs and drugstore
- Violence, discrimination and racial hatred
- Objects related to policing
- Stolen goods
- Bodies and products of the human body
- Plants and seeds regulations
- Copies and fake products
- LINKS TO AND FROM OTHER WEBSITES
7.1. Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. Varsity Living has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability. Varsity Living therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If Users decide to access any of the third party websites linked to the Website, they do so entirely at their own risk.
7.2. If Users would like to link to the Website, they may only do so on the basis that they link to, but do not replicate, any page of the Website. subject to the following conditions, which prohibit Users from:
7.2.1. Removing, distorting or otherwise altering the size or appearance of Varsity Living’s logo;
7.2.2. In any way imply that Varsity Living is endorsing any products or services other than its own;
7.2.3.Misrepresenting their relationship with Varsity Living or presenting any other false information about Varsity Living;
7.2.4 Otherwise using the Varsity Living trademark (approval pending) displayed on the Website without the express written permission from Varsity Living;
7.2.5 Linking from a website that the User does not have the necessary authority or permission to link from.
7.3. Users may not:
7.3.1 Include links in their User-Generated Content redirecting Users to any other websites without the express written permission of Varsity Living;
7.3.2 Copy, modify or distribute content from the Website or trademarks of Varsity Living; or
7.3.3. Collect in any way whatsoever information about Users, including email addresses, without their consent..
8.1. The Website is not available for any person under the age of 12 or to any member banned, suspended or removed from the Website.
8.2. Each registration is for a single user only. Varsity Living does not permit a User to share its user name and password with any other person nor with multiple users on a network.
8.3. Responsibility for the security of your password(s) rests with the User. The User must not allow any other person or multiple users to use its user name or password.
- SERVICE ACCESS AND MODIFICATIONS
9.1. While Varsity Living endeavours to ensure that the Website is normally available 24 hours a day, Varsity Living shall not be liable if for any reason the Website is unavailable at any time or for any period.
9.2. Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond Varsity Living’s control.
9.3. Varsity Living reserves the right at any time and from time to time to modify or discontinue the Website. Users agree that Varsity Living shall not be liable to Users or to any third party for any modification, suspension or discontinuance of the Website.
- REPORTING OF VIOLATIONS OF REGULATIONS
10.1.Users can report any problems, offensive content and all violations of regulations to Varsity Living. In the event that Varsity Living suspects that there has been a violation by a User of statutory provisions, third party rights (including intellectual property rights such as trademarks, rights copyright) or of these Terms, the User will be notified of the suspected violation of regulations. If the User fails to comply with the regulations, Varsity Living reserves the right to impose one or more of the following sanctions:
- Delay publication of the hosted content
- Remove any content posted in violation of these provisions
- Restrict / limit or prohibit access and / or use of the Website
- Suspend the User’s access to the site and the User’s account
- Ban the User from the site and the User’s account.
- For security reasons, Varsity Living can also cancel unconfirmed accounts or accounts that have been inactive for more than 6 months.
10.2. Except where Varsity Living is duly informed of the existence of illegal content (within the meaning of the law) and has not have acted expeditiously to remove it, Varsity Living cannot be held responsible for the content or actions (or lack of actions) by the Users.
10.3. Rather, the purpose of the Website is to provide a platform for students to exchange information and ideas including information about goods or services that they wish to buy or sell. Varsity Living may also, from time to time, promote goods and services that may be of interest to Users.
10.4.Except as may specifically disclosed (from time to time), Varsity Living is not involved in any transaction between a buyer and a seller. As such, Varsity Living is not involved in the transfer of ownership of such goods and services. The agreements of sale / purchase are concluded directly between the buyer and seller. Consequently Varsity Living has no control over the quality, safety or legality of the items listed; the truth or the accuracy of the content posted or transmitted by Users; the ability of sellers to sell said items; or the ability of buyers to pay for the said property. Any indication on rates or any other advice offered by Varsity Living on its site is provided for informational purposes only. Varsity Living cannot ensure that the seller or the buyer will execute the transaction. The seller is free to choose with whom he wishes to transact. Moreover, Varsity Living cannot guarantee: continuous, secure access to the Website and the operation the Website may be affected by factors outside Varsity Living’s control. Consequently, within the limits of the law, Varsity Living excludes all representations and warranties and cannot be held responsible for financial loss or reputation, nor special, indirect or consequential arising from or related to the use of the Website.
11.1. Users can visit the Website without providing personally identifiable information about themselves. Varsity Living collects personally identifiable information from visitors to the Website through:
11.1.1. Registration, which is when Users create an account;
11.1.2. In surveys, if Users choose to take part in them;
11.1.3. When Users email Varsity Living with a query; and
11.1.4. When Users participate in discussion forums on the Website.
In addition to the above, Varsity Living’s servers automatically collect domain names, IP addresses, browser details, details of a User’s country of origin and how the User got to the site.
11.2. Varsity Living processes personal information collected via the Website for the purposes of:
11.2.1. Providing and personalising the service;
11.2.2. Dealing with Users’ enquiries and requests;
11.2.3. Administering membership records;
11.2.4. Providing information about products and services that may be of interest to Users; and
11.2.5. Conducting market research.
11.3. Varsity Living will send Users information that it thinks will be useful to them. From time to time Varsity Living would like to send you emails from carefully selected third parties that offer products or services that may be of interest to Users.
11.4. Varsity Living may also use your IP address to help diagnose any problems with its servers or to administer the Website. Your IP address may be used to help identify Users and to gather broad demographic information to help us understand our Users’ requirements.
11.5. Varsity Living is intended for general use by university students and does not knowingly collect personal data from children.
11.6. Users’ information may also be used to send Users details of products or services that Varsity Living has identified as likely to be of interest to them.
11.7. Varsity Living may share your information with any member of our group and with selected third parties including:
11.7.1. Business partners and sub contractors, for the performance of any contract that Varsity Living enter into with them or advertisers that require the data to select and serve relevant advertisements to you;
11.7.2. Analysts and search engine providers that assist Varsity Living in the optimisation of the Website;
11.7.3. The relevant authorities where Varsity Living is obliged to disclose such data by law or where the disclosure is ‘necessary’ for purposes of national security, taxation and criminal investigation; or
11.7.4. Any third party where Varsity Living has your consent.
11.9. Unfortunately the transmission of information via the internet is not completely secure. Although Varsity Living will do its best to protect your personal data, Varsity Living cannot guarantee the security of the data transmitted to the Website. Any transmission is at your own risk.
11.11. Varsity Living has security measures in place to protect the loss, misuse and alteration of information within its control. Users are strongly recommended to take steps to keep their log in information secure. Varsity Living cannot be held responsible for any failure to do so. If a User suspects that his or her log in information has been breached, the User must take steps to change both the User’s password and email address under the options available in [My Profile].
- MARKETING OF PRODUCTS AND SERVICES
Nothing in the Terms shall prohibit or prevent either Varsity Living from marketing products, events, tangible goods, financial services to Users in any such manner as Varsity Living shall decided.
14.1. Varsity Living has several different e-mail addresses, details of which can be found on the ‘Contact Us’ link on the Website.
16.1. Varsity Living may terminate this Agreement immediately if a User at any time:
15.1.1 breaches the Terms ; and/or
15.1.2 A User is suspected of plagiarism or infringement of copyright in relation to any material provided by Varsity Living to a User.
- DISCLAIMER OF LIABILITY
15.1. Varsity Living shall use its reasonable endeavours to ensure the security of the Website. Varsity Living shall have no liability where the security of the Website is breached due to acts and/or omissions by any party.
15.2.Varsity Living shall use reasonable endeavours to monitor the material on the Website and to ensure that any material that is immoral, unlawful, threatening, abusive, defamatory, obscene, vulgar, profane and/or causes offence is removed.
15.3. Any postings on the Website that contain questions, views, opinions and/or advice are those of the User and are not of Varsity Living.
15.4. Varsity Living will not be liable to any User (whether under the Law of Contract, Torte or otherwise) in relation to the content of, or use of or otherwise in connection with the Website for any (including but not limited to):
15.4.1. Direct, indirect, incidental, consequential losses or damages;
15.4.2. Loss of income, profits or anticipated savings and/or damage to goodwill;
15.4.3. Loss of contracts or business relationships;
15.4.4. Loss of and/or corruption of information or data or other intangible loss;
15.4.5. Loss due to the transmission of a software virus, mail bomb, Trojan horse or any other harmful computer code, files or programmes designed to interrupt, damage, corrupt or destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
15.4.6. Loss due to the failure of the network provider or any failure which prohibits the User from being able to use the Website for whatever reason;
15.4.7. Loss due to unauthorised access to or alteration of any User-Generated Content, or
15.4.8 Loss arising from the the conduct of any third party.
These limitations of liability apply even if Varsity Living has been expressly advised of the potential loss.
15.5. By using the Website, Users agree that the exclusions and limitations of liability set out in the Terms are reasonable.
15.6. Users further acknowledge that:
15.6.1. The use of the Website is at the User’s sole discretion and risk. The service is provided on an “as is” and “as available” basis. Varsity Living expressly disclaims all warranties, whether expressed or implied, including but not limited to any kind of implied term of merchant liability, any terms as to the provision of services to a standard of reasonable care and skill or as to any terms relating to the infringement of any intellectual property rights.
15.7. Varsity Living does not warrant that:
15.7.1. The Service will be uninterrupted, secure or error free;
15.7.2. The material on the Website is either accurate, complete or up to date.
15.7.3. The results that maybe obtained from the use of the Website will be accurate;
15.7.4. Any errors in the software will be corrected.
The material is provided “as is”.
Should Users find an issue with the Website they may simply delete their Varsity Living account or contact a VL Ambassadors to lodge a complaint. It is up to Varsity Living to determine whether a complaint should be followed up or not.
15.8. Varsity Living reserves the right to modify or discontinue the service if there is a change in the law or Varsity Living’s operational requirements. Varsity Living will not be liable to Users for any loss they may suffer if Varsity Living has to modify or cease its service.
15.9. These Terms of Service shall be governed by and constructed in accordance with the laws of South Africa and therefore, any disputes will be decided only by the Courts of South Africa. Varsity Living shall not be held liable for any arguments/upset caused by/within its forum.
15.20 Varsity Living, any other party (involved in creating, producing, maintaining or delivering the Website), and any of Varsity Living group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to a User or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the Website (including the User-Generated Content) in any way or in connection with the use, inability to use or the results of use of the Website (including the User-Generated Content), any websites linked to the Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website (including the User-Generated Content) or the downloading by Users of any material from the Website (including the User-Generated Content) or any websites linked to the Website.
15.21. The Services being provided by Varsity Living are for free and therefore the provisions of all South African legislation relating to consumer protection shall not be applicable as the Users are not consumers.
ALL USERS AGREE TO INDEMNIFY AND HOLD VARSITY LIVING AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND OTHER PARTNERS EMPLOYEES AND REPRESENTATIVES, HARMLESS FROM ANY LOSS, COSTS, CLAIMS OR DAMAGES OF WHATSOEVER NATURE, FEES, MADE BY ANY USER OR THIRD PARTY DUE TO OR ARISING OUT OF USER-GENERATED CONTENT THAT HAS BEEN SUBMITTED, POSTED TO OR TRANSMITTED THROUGH THE WEBSITE, A USER’S USE OF THE WEBSITE, A USER’S CONNECTION TO THE WEBSITE,VIOLATION OF THE TERMS, OR THE VIOLATION OF ANY RIGHTS OF ANOTHER.