Terms and Conditions

Acceptance of Terms:
If an individual purports, and has the legal authority, to sign these Terms of Service electronically on behalf of an employer or client, “you” refers to the employer or client. If not, “you” refers to the individual signing hereon. You are responsible for assuring that all the terms and conditions of this Agreement are complied with. By clicking any button on www.denistonmain.co.za, you will be agreeing to the terms of this Agreement. Furthermore, by clicking any button, after typing in your username, or other indication of your identity, you do confirm to us that typing in such indication of identity constitutes your “signing” of this Agreement for all purposes under applicable law. Any individual clicking the button on behalf of another individual or entity, listed as the Member above, does hereby represent and warrant that such agreement is being made with full authority.

Description of service:
(Applies to All Members and Users of www.fbslc.org.za)

Who We Are : ” False Bay Surf Lifesaving Club ” , “FBSLC” or “False Bay SLC” is a trade name and registered service mark of False Bay Surf Lifesaving Club, a South African Non-Profit Organisation, who owns and operates the website with the URL: https://www.fbslc.org.za (the “Website”).

Purpose : The purpose of these Terms of Service (this “Agreement”) is to set forth the terms and conditions under which you are permitted to use the website, distribution and management system, and lifesaving teachings, operations and information (the “Services”), and any user created content, including but not limited to any related emails or correspondence or posts created using the Services, are referred to herein as a “Content.”

Changes : We reserve the right to amend any of the terms of this Agreement by posting the revised Terms of Service on our Website and/or by sending an email to the last email address you have given to us. Unless the Term is terminated within ten (10) days, this new Agreement will be effective immediately with respect to any continued or new use of the Services.

Registration:

As a condition to using our Services, you are required to open an account with False Bay Surf Lifesaving Club and select a password and username, and to provide registration information. The registration information you provide must be accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your use.You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorisation, or a name that is otherwise offensive, vulgar or obscene.

You are responsible for maintaining the confidentiality of your password and are solely responsible for all activities resulting from the use of your password and conducted through your www.fblsc.org.za account.

Services are available only to individuals who are either (i) at least 18 years old, or (ii) at least 14 years old, and who are authorised to access the Site by a parent or legal guardian. If you have authorised a minor to use the Site, you are responsible for the online conduct of such minor, and the consequences of any misuse of the Site by the minor. Parents and legal guardians are warned that the Site does display photographs and images containing nudity and violence that may be offensive to some.

False Bay Surf Lifesaving Club reserves the right to refuse service or to terminate accounts for any user, and to change eligibility requirements at any time, in its sole discretion.

Legal Consequences:
Warning: Under Section “10” of these Terms of Service, if you engage in certain conduct, such as violating laws that regulate the creation of your content for people to view, try to take advantage of us in violation of our Terms of Service by taking such actions as using our servers to host images for your website.

Termination of Service:
Either party may terminate the Term of this Agreement at any time for any reason by providing Notice to the other party. We may suspend our Services to you at any time with or without cause. We will refund a pro rata portion of your monthly prepayment if we terminate you without cause. We will not refund and/or reimburse you in such manner, if there is cause, such as you using our website to create content for people with whom your relationship does not meet the requirements of our user description. Once terminated, we may remove any of your created content and related data and files from our Website and any other storage.

Additionally, if you do not log in to your account for 12 or more months, we may deem your account “inactive” and permanently delete your account and all data associated with it.

Ownership:
Proprietary Rights Owned by Us : You acknowledge that we, or our suppliers, own all proprietary rights in the Website and the software used to provide the Services, including, but not limited to, any patents, trademarks, service marks and copyrights.Proprietary Rights Owned by You : You represent and warrant to us that you will not add or upload any content to the Website to create content, or for any other purpose unless you are the owner of all proprietary rights in that content (or have been given a valid license from the owner of the proprietary rights in such content) and have obtained releases for all related privacy and publicity rights.

User Conduct:
You agree to the following:You will not incorporate into your created Content any text, photos, graphics or other content that is not created by you, not provided by us for you to incorporate into your content or you are not otherwise permitted to use.

You will not post on the Website, including in any content created or sent using our Services, any misleading or incorrect name, address, email address, subject line or any other misleading or incorrect information.

You will not publish any material that contains sexually related text, photographs or other content, or content that is defamatory, obscene, indecent, threatening, abusive or hateful.

You will not share your password.

You will not attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way used or downloaded from the Website.

You will not include in any created content any material, including, but not limited to, text and graphics, the inclusion of which is in violation of any other party’s rights, including, but not limited to, copyrights and privacy and publicity rights.

You will not set up multiple accounts for any individual, organization or entity or in order to send substantially similar content unless you are part of a franchise.

You will not import or incorporate into any lists, emails or uploads to our servers any of the following information: Social Security Numbers, Identity Numbers, passwords, security credentials, or sensitive personal information of any kind.

You will not send transactional messages of any kind through www.fblsc.org.za.

Anti-SPAM Agreement and Abuse Related Rules:

You agree to the following:

Definition of SPAM: The definition of Spam has been adopted the Spamhaus website at http://www.spamhaus.org/definition.html The first line of the Spamhaus definition reads:The word “Spam” as applied to user created content means Unsolicited Bulk Email (“UBE”).It is a concern to us if you use www.fblsc.org.za to send any unsolicited email to anyone with whom you have no relationship. It is much more of a concern, and more likely to cause our system to be blocked by various ISP’s, for you to send an unsolicited email to an entire list of people you don’t know.

Requirements: You agree that you will use:

• No purchased lists (no matter the cost).
• No rented lists (even if they “opted in”).
• No 3rd party lists whatsoever.

Prohibited Content and Industries

Don’t use www.fblsc.org.za to send anything offensive, or to promote anything illegal, or to harass anyone. You may not send:

• Pornography or other sexually explicit Emails
• Emails offering to sell illegal substances
• Emails that violate the CAN-SPAM Law

There are certain industries that send certain types of content that result in higher than normal bounce rates and abuse complaints, which in turn jeopardise the deliverability of our entire system. Because we promise the highest delivery rates possible for all our customers, we do not allow businesses that offer these types of services, products, or content:

• Illegal goods or services
• Escort and dating services
• Pharmaceutical products
• Work from home, Internet Lead-gen, Make money on online opportunities, etc.
• Online trading, day trading tips, or stock market related content
• Gambling services, products or gambling education
• Multi-level marketing
• Affiliate marketers
• Credit repair, get-out-of-debt content
• Mortgages and/or Loans
• Nutritional Supplements, Herbal Supplements or Vitamin Supplements
• Pornography or nudity in content
• Adult novelty items or references in content
• List brokers or List rental services
• Marketing or sending commercial email without proper permission

Payment Agreement:

Fees, Refunds, Account Suspensions, Etc.You agree:

False Bay Surf Lifesaving Club reserves the right to change our fees at any time by posting a new fee structure to our Website and/or sending you a notification of the change by email.

If a user violates any of the terms of this Agreement, we reserve the right to cancel accounts, or bar access to accounts, without refund.

If, for some reason, we are unable to process your credit card order, we will attempt to contact you by email and we will suspend usage of your account until your payment can be processed.

Reporting Abuse and Violations:

It’s in our best interest to keep our system clean, because our reputation and deliverability depends on it. So here’s what we do:We take abuse reports seriously at False Bay Surf Lifesaving Club. If you’ve received spam that you think came from a False Bay Surf Lifesaving Club user, we want to hear about it. Please report the fact that you received spam from what appears to be a False Bay Surf Lifesaving Club user to us at legal[at]fblsc.org.za.

If you become aware that any other person is violating any of the terms and conditions of this Website, please notify us immediately. If you believe that any person has posted material in violation of any copyrights that you may have, you may notify us: legal[at]fblsc.org.za.

If you believe that any user of this Website has posted materials in violation of any other rights that you may have, you may notify us: legal[at]fblsc.org.za

No Warranties:

To the maximum extent permitted by law, the material on this website and the services (including all content, software, functions, services, materials and information made available herein or accessed by means hereof) are provided as is, without warranties of any kind, either express or implied, including but not limited to, warranties of merchantability and fitness for a particular purpose. 

Limitation of Liability:

To the maximum extent permitted by law, you assume full responsibility and risk of loss resulting from your use of the website and the services including any downloads from the website. Under no circumstances shall we or any of our employees or representatives be liable for any indirect, punitive, special or consequential damages even if we or any of our employees or representatives have been advised of the possibility of such damages. Our total liability in any event is limited to the amount, if any, actually paid by you for use of the website and the Services for the one month period ending on the date a claim is made and you hereby release us and our employees and representatives from any and all obligations, liabilities and claims in excess of this limitation. 

Indemnity:

You agree to indemnify and hold False Bay Surf Lifesaving Club, and our directors, officers, employees and representatives, harmless from any and all losses (including, but not limited to, attorney fees) resulting from any claims not permitted under this Agreement due to a “Limitation of Liability” or other provision, that you assert, or may assert, based on or relating to your use, or the use of any individual using your password, of this Website or the Services. You further agree to indemnify and hold us, and our directors, officers, employees and representatives, harmless from any and all losses resulting from claims of third parties, including, but not limited to, attorney fees, that result in whole or in part from allegations of conduct by you that, if true, would constitute a violation by you, or any individual using your password, of any of the terms of this Agreement. 

Legal Matters:

Applicable Law and Jurisdiction : This Agreement will be governed by the laws of South Africa. Except as otherwise provided in this Section below, each of the parties does hereby agree that any dispute related to this Agreement, any other agreement between the parties, the Privacy Policy or the Services, will be decided by the South African National Court and agrees that that party is subject to the jurisdiction of such courts in such locality. If, under applicable law relating to the selection of venue in South Africa, a case may not be brought in a court located elsewhere, the case may be filed in a provincial or federal court of competent jurisdiction located in South Africa where the case may be brought.Attorney Fees : In the event that we file an action against you claiming you breached this Agreement and seeking to recover liquidated damage and/or other relief, and we prevail, we shall be entitled to recover reasonable attorney’s fees in addition to any damages or other relief which we may be awarded.

Disclaimers : We disclaim and are not responsible for the behaviour of any advertisers, linked websites or other users.

Assignments : You may not assign any of your rights hereunder. We may assign all rights to any other individual or entity at our discretion.

Compliance With Law : In using the Services, you agree that you will comply with all applicable laws, irrespective of country of origin and ubiquity.

Warranty of Compliance:

For EU, Iceland, Norway and Liechtenstein(Applies to All Members to the extent they use False Bay Surf Lifesaving Club for content made specifically viewable by Residents of the European Economic Area (“EEA”) Which Is Composed of the Members of the European Union (“EU”) Together with Iceland, Norway and Liechtenstein).

You represent and warrant that in creating your content, and embedding it via the Services and collecting information as a result of individuals visiting your website or otherwise, with respect to your customers and potential customers who reside in the EEA, you:

• (a) Will have clearly described, and will continue to clearly describe, in writing how you intend to use any data collected, including for creating content if you obtain express consent from your customers and potential customers to use the data in that manner, and include an express consent to transfer the data to False Bay Surf Lifesaving Club as part of this process, and otherwise comply with whatever privacy policy you have posted.
• (b) Represent and warrant that you have complied, and will comply, with all data protection and privacy laws and regulations applicable to the countries in which you are embedding any form of content using False Bay Surf Lifesaving Club including, for example, with respect to the United Kingdom, the Data Protection Act, and the regulations relating to the European Union Privacy and Electronic Communications Directive. In this regard, you represent and warrant that you have collected, stored, used and transferred all data relating to any individual in accordance with all data protection laws and regulations relating to the country in which such individual resides and obtained all necessary consents to enable False Bay Surf Lifesaving Club to receive and process that data and forward communications to that individual on your behalf.
• You further agree to indemnify and hold us harmless from any losses, including attorney fees, resulting from your breach of any part of the foregoing warranties.

Performance Notice:

We shall not be held liable for any delay or failure in performance of any part of this Agreement from any cause beyond our control and without our fault or negligence, such as acts of God, acts of civil or military authority, then current laws and regulations and changes thereto, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, other major environmental disturbances, unusually severe weather conditions, acts of hackers and other illegal activities of third parties, inability to secure products or services of other persons or transportation facilities, or acts or omissions of transportation or telecommunications common carriers or overloading or slow downs over the internet or any third party internet service providers.

More about this agreement:

o   Survivability : The ownership and proprietary rights provisions set forth in this Agreement, and any other provisions that by their sense and context the parties intend to have survive, shall survive the termination of this Agreement for any reason.o   Severability : The unenforceability or invalidity of any term, provision, section or subsection of this Agreement shall not affect the validity or enforceability of any remaining terms, provisions, sections or subsections of this Agreement, but such remaining terms, provisions, sections or subsections shall be interpreted and construed in such a manner as to carry out fully the intention of the parties hereto.

o   Interpretation : The fact of authorship by or at the behest of a party shall not affect the construction or interpretation of this Agreement.

o   Amendments : No amendment or other change of this Agreement shall be effective except as either expressly permitted under these Terms of Service or agreed to in writing between the parties. Notwithstanding the foregoing, additional terms may be required for certain features of the Service (the “Additional Terms.”) The Additional Terms shall be considered incorporated into this Agreement at the time the feature is activated by you. Where there is a conflict between these Terms and the Additional Terms the Additional Terms shall control.

o   Privacy Policy : You agree that we may access, collect, use and disclose your information as set forth in our Privacy Policy. In this regard the terms of the Privacy Policy are to be treated as if they were added to and part of this Agreement and shall be binding on all parties hereto.

o   Further Actions : You agree to execute any and all documents and take any other actions reasonably required to effectuate the purposes of this Agreement.

o   Amendments : No amendment or other change of this Agreement shall be effective unless and until the revised Agreement is posted by us on the Website.

o   Notices : Any notice to you will be effective when sent to the last email or physical address you have given us or posted on our Website. Any notice to us will be effective when delivered to us at legal[at]fblsc.org.za or such replacement addresses as we may later provide on the Website.

o   No Changes in Agreement at Request of Member : Because of our large membership base, we cannot, as a practical matter, change this Agreement for any one Member or group of Members.

Entire Agreement : The terms of the Privacy Policy posted on this Website are incorporated by reference herein. This Agreement, including such policy which is incorporated by reference herein, embody the entire agreement and understanding of the parties, and supersedes all prior agreements, representations and understandings between the parties hereto, relating to the subject matter hereof.