THE SERVICES OFFERED BY OR THROUGH THE CLOSETHEGAP WEBSITE LOCATED AT WWW.CLOSETHEGAP.CO.ZA HEREINAFTER THE "WEBSITE"), ARE MADE AVAILABLE SUBJECT TO THE TERMS AND CONDITIONS OF USAGE AS SET OUT BELOW.
THE WEBSITE IS OWNED BY CLOSETHEGAP (PTY) LTD, WITH (HEREINAFTER REFERRED TO AS "CLOSETHEGAP").
BY USING THE WEBSITE ASSOCIATED THEREWITH, END USERS (HEREINAFTER "USER") OR (HEREINAFTER "YOU" OR "YOUR")) AGREE TO BE BOUND BY OR COMPLY WITH THESE TERMS AND CONDITIONS OF USAGE AND ANY OTHER TERMS AND CONDITIONS THAT CLOSETHEGAP MAY PRESCRIBE FROM TIME TO TIME.
Terms and conditions of usage
Please read the following Website and Mobile Application Terms and Conditions carefully as it contains the terms and conditions of usage of the Website www.Closethegap.co.za owned by Closethegap. It further provides other important legal notices applicable to the end user accessing the Website and Mobile Application linked to the Website and Mobile Application.
Enquiries: info@Closethegap.co.za
The Website refers to the Closethegap Website including online / digital publication and Mobile Application linked and hosted on the Website URL. The User's usage of the online information services contained on the Website and Mobile Application constitutes Your acceptance of the Terms and Conditions of Usage contained below and Your arising obligations towards Closethegap. Closethegap may amend these Terms and Conditions of Usage at any time by posting the amended terms and conditions on www.Closethegap.co.za and/or by providing the updated Terms and Conditions on the Mobile Application. All amended terms shall automatically become effective immediately and any subsequent use of the Website and/or Mobile Application shall be governed by such amended terms. You are advised to regularly check any amendments or updates to these Terms and Conditions.
Limited Liability of Closethegap
The User understands and agrees that usage of the Website and the Mobile Applications linked to same is at the sole discretion and risk of the User. Closethegap reserves the right at any time to change or discontinue any aspect or feature of the Website and the Mobile Application.
Notwithstanding the effort placed on maintaining the availability and accessibility of the Website and the Mobile Application, Closethegap takes no responsibility for, and will not be liable for, the Website and Mobile Application being unavailable or inaccessible.
Other Displayed Websites
Closethegap's Website may, from time to time, depict further Third-Party websites which are not owned by Closethegap. Should the User choose to leave the Closethegap Website and venture to a website and/or mobile application which is not owned by Closethegap, the User does so at their own risk. Closethegap is in no way liable for the protection of information collected and stored by any website and/or mobile application, depicted on its platform, but which is not owned by Closethegap. Closethegap is further not liable for any damage which may occur as a result of a person leaving the initial Website and browsing or interacting with a further third party platform. Closethegap offers no warranty in regard to the aforementioned protection and you as the user hereby indemnify Closethegap from liable for any damage or disclosure of personal information caused by a third party website or mobile application.
Intellectual Property
All text, images, photographs, pictures, layout, format, logos, music, coding, designs, front and back end, "look and feel" and expression of the Website and/or Mobile Application are the sole intellectual property of Closethegap. Any unauthorised use thereof or any attempt to copy or infringe Closethegap's rights to same will be unlawful and will be met by the necessary legal proceedings. User's hereby warrant that no attempt will be made to use, copy, replicate, or breach the intellectual property of or attempt to derive any economic gain from the aforementioned intellectual property of Closethegap, without exclusive written consent from Closethegap.
Malware
Users hereby warrant that they will not, under any circumstances, utilise computer viruses, trojan horses, worms, spyware, adware, ransomware, scareware, and/or any other malicious programs, in order to damage the Website, database or servers, or to gain access to any information stored on the Website or database or servers be it personal information or otherwise for any reason whatsoever. Furthermore, the User warrants that no attempt will be made to gain access to any information by any unauthorised means such as, but not limited to, hacking, cracking or password "mining" including but not limited to brute force attacks and DNS attacks. No other illegitimate and unlawful means omitted herein may be used in order to gain unauthorised access to any information stored on the Website and/or Mobile Application.
The User warrants further that no attempt will be made to bombard the Website and/or Mobile Application with an unnatural overload of traffic, be it through an external device or otherwise, in an attempt to crash the servers thereof or interfere with the normal running of the Website.
Failure to adhere to the above will result in both criminal and civil proceedings being instituted against the User in question.
Further User's Warranty and Closethegap's Indemnification
The User hereby warrants that they are of the aforementioned age of use of the Website and Mobile Application or have the necessary consent from their parents or guardians, that they have the necessary capacity to engage in any activity displayed on the Website and/or Mobile Application whether it be purchasing services or products, registering an account on the Website and/or Mobile Application, providing the relevant details or any further activity as depicted thereon, that they are of sober, sound and capable mind to make any applications and/or purchases thereon and that they are in fact the person who they portray themselves to be on the Website and/or Mobile Application.
The User indemnifies Closethegap from any liability as a result of damage occurring due to the User lacking the aforementioned authority, capacity, ability, or knowledge thereof.
Unsolicited Commercial Communications
You agree not to collect or use any Personal Information of Users of the Website and/or Mobile Application and/or members of Closethegap for the purposes of transmitting and/or facilitating in the transmission of unsolicited commercial communications ("SPAM").
Unauthorised use of the Website and Mobile Application
The User is permitted to use the Website and Mobile Application for lawful purposes only. Unauthorised use of the Website and/or Mobile Application includes, but is not limited to, posting or transmission of data which violates or infringes in any way upon the rights of Closethegap, its partners, affiliates, owners, subsidiaries, officers, directors, shareholders, sponsors, advertisers, suppliers or agents and/or third parties, which is unlawful, defamatory or otherwise objectionable or which constitutes advertising of goods or services in the absence of written approval from Closethegap or relevant authorities or third parties.
Unauthorised use of the Website and/or Mobile Application may give rise to Closethegap instituting a claim for damages against You and all involved and/or You and all involved may be found guilty of a statutory and/or criminal offence and/or be liable for civil damages.
Website Links
From time to time the Website and/or Mobile Application may include links to other websites. These links are provided for Your convenience for the purposes of providing further information. Such links do not signify that Closethegap endorses the website(s) linked to and or associated with it. Such websites may provide opinions, recommendations, or other information from various individuals, sponsors, organisations or companies. In providing such links, Closethegap does not investigate the content of such information nor endorse, guarantee, warrant, or recommend the accuracy of such information, alternatively subscribe to any such opinions or recommendations. You agree that Closethegap shall have no responsibility or bear no liability in relation to the content of the linked website(s)
Website Intellectual Property
The Website and the Mobile Application comprise of software and content (such as, but not limited to, text, news headlines, prices, dates, times and summaries, articles, images and audio tracks, animation, photographs, video, music, sound and voice), designs, trademarks, (all names, marks, brands, logos, designs, trade dress, slogans, symbols used on/in connection with the Website and/or Mobile Application) and trade secrets that is the intellectual property of Closethegap and/or its partners, affiliates, owners, subsidiaries, officers, directors, sponsors, advertisers, suppliers, agents and or various third parties are subject to the intellectual property/other laws of the Republic of South Africa and if applicable foreign laws, international conventions and treaties. Further, and to the extent that Closethegap does not own specific content or such content falls within the public domain, Closethegap may hold copyright/further intellectual property rights in the selection, co-ordination, arrangement and enhancement of such content on the Website and/or Mobile Application. Specific content may be licensed from third parties. Such third party content is subject to the applicable copyright restrictions, which vary by copyright holder. No license to Closethegap intellectual property or the intellectual property of its partners, affiliates, owners, subsidiaries, officers, directors, sponsors, advertisers, suppliers, agents or third parties has been granted to You unless otherwise indicated. Without limitation to the prohibitions placed on the User by contract or law and subject to 1.9 You expressly agree not to:
Reproduce or use the aforementioned intellectual property either in print or electronic form in violation of the intellectual property rights of Closethegap and/or its partners, affiliates, owners, subsidiaries, officers, directors, sponsors, advertisers, suppliers, agents or such third parties as applicable;
Commercially exploit, reproduce, distribute, transmit, display, publish or broadcast any Website and/or Mobile Application intellectual property without prior written approval of Closethegap or in the case of its partners, affiliates, owners, subsidiaries, officers, directors, sponsors, advertisers, suppliers, agents or third party content, the rights holder of such intellectual property;
Claim or convey ownership of any Website and/or Mobile Application intellectual property either in its entirety or otherwise;
Modify the Website and/or Mobile Application content for the purposes of reposting to other websites;
Alter or remove any trademark, copyright or other notice from the Website and/or Mobile Application content; and
Copy, store, or otherwise incorporate the Website and/or Mobile Application content or intellectual property into any other website, electronic retrieval system, publication or other work.
Your publication of the Website and/or Mobile Application content
If you are an editor, producer or webmaster of a website or other online publication you may include the Website and/or Mobile Application headlines provided that you include the appropriate links to the corresponding articles on the Websites web server and mention Closethegap at www.Closethegap.co.za as the source of these headlines (and, as applicable, the source of any third party news release). You agree to use a functional link to the full story on the Website that shall display the full content immediately. Websites wishing to make use of this permission must request such permission in writing from Closethegap and Closethegap reserves the right to deny such permission or withdraw such permission from any website at any time. You further agree not to frame or otherwise control the browser window (if any) in which the Website and/or Mobile Application content opens, including limiting the size or position of such window. You agree not to associate any Website and/or Mobile Application content with any content that might harm the reputation of Closethegap, its affiliated sites, authors, employees, contributors or partners. You agree not to use Website and/or Mobile Application content on any site that provides instruction on or promotes illegal activities, or is in any way misleading, obscene, defamatory, or invasive of personal privacy. In the event of any uncertainty in this regard, you are advised to contact Closethegap at info@Closethegap.co.za
Termination of Use
The User hereby agrees that Closethegap may terminate or suspend Your account at any time as well as your access to any part of the Website and/or Mobile Application without limitation and without any notice of the aforementioned termination.
Any suspected theft, fraud, cybercrime, illegal or abusive activities or any further illegal or immoral activities will be reported by Closethegap to the relevant authorities and the account in question will be immediately terminated
Electronic Communications
Transactions entered into between the consumer and Closethegap through the Website and/or Mobile Application will be legally binding.
Age Limit
Closethegap bases its Website and Mobile Application around online applications. Accordingly, any application must be made by individuals who are at least 18 (eighteen) years of age (being the age of majority in terms of the Children's Act 38 of 2005 of the Republic of South Africa), unless a purchase is made with verifiable parental consent.
If Closethegap discovers that a purchase or disclosure of personal information has occurred by an individual below the age of 18 (eighteen), Closethegap will make every reasonable attempt, as may be expected by any legal obligation that may be placed on Closethegap under the circumstances, to cancel the purchased Plan and/or delete the relevant information.
Undertaking
The User hereby undertakes to- at all relevant times- utilise the Website and/or Mobile Application in a lawful manner and within the rules as set out herein.
Duration
These terms and conditions shall be of force and effect from the date of acceptance and continue throughout the duration of any transaction entered into between the consumer and Closethegap and will continue to be of equal force and effect for any further transaction entered into thereafter.
Severability
If any provision of the Website and Mobile Application Terms and Conditions is found to be invalid, unlawful, void or unenforceable by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Website and Mobile Application Terms and Conditions, which shall remain in full force and effect.
Jurisdiction
The aforementioned Terms and Conditions contained herein are at all relevant times governed by the laws of the Republic of South Africa, unless otherwise specifically stated.
Applicable Law and Jurisdiction
You consent to the jurisdiction of the relevant Magistrates Court and/or High Court of South Africa, at the election of Closethegap, for the adjudication of any legal dispute between Closethegap and You as the User. The Website and Mobile Application Terms and Conditions will be construed and interpreted in accordance with the laws of the Republic of South Africa.
Contact Details
Should you still have any uncertainty with regard to the above or should you have any further questions relation to Closethegap's Terms and Conditions and Privacy Policy, you are welcome to contact Closethegap via email at info@Closethegap.co.za