Whyfriday (Pty) Ltd website Terms & Conditions
Last Updated: 30 June 2021
Who are we?
When we refer to ‘Whyfriday’ ‘we’ ‘our’ or ‘us’ in this Privacy Notice, we refer to: Whyfriday (pty) Ltd whose registered office is at: 49 Kristal Street, Nelspruit, Mpumalanga, South Africa, and whose registration number is: 2014/232083/07.
We also refer to our website: https://whyfriday.com
Acceptance of terms
Access to and use of the Whyfriday website, emails and other electronic sites which give a user access to certain of our services and our associated domains (the “Website”), and the data, content, products and services made available on or via the Website, is subject to the following terms and conditions.
- By accessing the Website or using any services which are accessed using the Website, you agree to be bound by these Terms.
- If you agree to these Terms as an individual, you must be at least 18 years old and otherwise of legal age to form a binding contract.
- If you are acting on behalf of an institution, business, organization, agency, or other entity (“Organisation”), you will be responsible for ensuring that:
- you have authority to bind that Organization to these Terms, and your agreement to these Terms will be treated as the agreement of the Organization
- any individual or entity to whom you provide access to the Website, or any services is made aware of and complies with these Terms
- In that case, “you” and “your” in these Terms shall refer to the Organisation you represent.
- By using this Website in any way, you shall be deemed to have accepted all the Terms unconditionally.
- You must not use this Website if you do not agree to the Terms.
Accuracy of content and no legal advice
This content housed on the Website should not be regarded as an all-encompassing guide to Whyfriday.
Content is not intended to and does not constitute legal advice or any other advice.
The accuracy, completeness, adequacy or currency of the Website or the content is not warranted or guaranteed and your use of the Website and content or materials linked from this Website is at the User’s own risk.
Proprietary rights
All intellectual property on the Website, including but not limited to content, trademarks, domain names, patents, design elements, software, databases, text, graphics, icons, and hyperlinks are the property of Whyfriday and as such, are protected from infringement by domestic and international legislation and treaties.
Subject to the rights licensed to the User under this Agreement all other rights to intellectual property on the Website are expressly reserved.
As a User of the Website, you are granted a non-exclusive, non-transferable, revocable, limited license to access and use the Website and content and in particular the intellectual property rights, provided that such access and use is strictly in accordance with these Terms.
Where a user accesses content from the Website, the User expressly acknowledges that nothing in these terms transfers or grants to the User any proprietary rights to use that content other than the rights set out under this Agreement.
All terms and conditions relevant to the content are included also for the benefit of, and may be enforced by, the respective content providers without prejudice to any other rights or remedies they may have by law or otherwise.
Acceptable use rights
The Website consists of content which is derived entirely or in part from content sourced by Whyfriday or provided to Whyfriday from other sources.
The Website is provided only for the User’s own non-commercial, internal, and personal use, and always subject to these Terms.
The content on this website is not for commercial exploitation.
The User shall not or assist, encourage, or permit any individual or entity to do any of the following in respect of any part of the Website or the content
- copy, save to the extent necessary for viewing the content in your browser or where specifically made available for download, for that purpose
- distribute, give, or allow access to or otherwise make available to any other individual or entity, or frame, mirror, overlay, or employ other technologies used to enclose, display or similar
- modify, translate, adapt, or create derivative works
- sell, rent, lease, license, loan, commercialize or use for the benefit of any other person nor in connection with any direct or indirect revenue-generating activities (including generating internet traffic for websites containing advertising) or that result in developments that are used for such activities. For the avoidance of doubt, uses in connection with work that is carried out on the request, or at the direction or expense, of a person will be considered as being for the benefit of that person
- send altered, deceptive, or false source-identifying information, including “spoofing” or “phishing”, run any form of autoresponder or “spam” or use in connection with any unsolicited communication, advertising or similar
- attempt to bypass any measure intended to prevent or restrict non-authorized use, make use of any means of access not made available for that purpose (including via accounts, computer systems or networks connected to the Website) or probe, scan, or test for vulnerabilities
- decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms except to the extent reserved by applicable laws and having given Whyfriday prior notice
- use any manual or automated means, including robots, scripts, or spiders to access, monitor, crawl, scrape, spider, or mine, except those expressly authorized by us in advance in writing
- may not use any network monitoring or discovery software to determine the site architecture or extract information
- may not use this Website to transmit any false, misleading, fraudulent, or illegal communications
- may not frame the Website, in any manner whatsoever, without the prior written consent of the provider.
- may quote small and reasonable amounts of content available from the Website only if such quote is placed in inverted commas and acknowledged
- may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit, or public purposes all or any portion of this Website, except to the extent permitted above and or expressly provided for below.
Users shall not take any action that imposes or may impose an unreasonable or disproportionately large load on Whyfriday’s (or its third-party providers’) infrastructure nor interfere or attempt to interfere with the normal and proper working of the Website or any activities conducted on the Website.
Without limiting that discretion, Whyfriday may determine unreasonable usage by comparing a user’s activity for any given period against the average for all equivalent users of the relevant part of the Website.
Whyfriday shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of the Website or the use of any content by the User or by any third party who obtained any content from the User.
Persons that wish to link to content of the Website shall do so at their own risk, and on the condition that any such hyperlinks to the Website from any other source shall be directed at the home page of the Website. Whyfriday shall not be liable, in any manner whatsoever, for any damage, loss or liability that results from the use of content from the Website, especially if such content was accessed through a hyperlink that is not directed at the home page of the Website.
The Website may contain links to other websites (“Third-Party Websites”) owned or operated by parties other than Whyfriday. Such links are provided for your reference only. Whyfriday does not monitor or control outside Third-Party Websites and is not responsible for their content and you access them solely at your own risk.
Whyfriday may terminate this license at any time where the User fails to comply with or follow the above Terms.
Disclaimer
The information on this Website is intended to provide general information about a particular subject or subjects and is not an exhaustive treatment of such subject(s).
It is the sole responsibility of the User to satisfy itself prior to accessing the Website that the Website will meet the User’s individual requirements and be compatible with the User’s hardware and/or software.
Information, ideas, and opinions expressed on this Website should not be regarded as professional advice or the official opinion of Whyfriday.
Users are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this Website.
Whyfriday makes no representations or warranties, implied or otherwise, that, among others, the Content and technology available from this Website are free from errors or omissions, that the service will be 100% uninterrupted and error -free or will meet any criteria of performance or quality.
This Website is provided ‘as is’.
Whyfriday expressly disclaims all implied warranties, including, without limitation, warranties of merchantability, title, fitness for a particular purpose, non-infringement, compatibility, security, and accuracy in relation to the Website or its Content.
Whyfriday makes no express or implied representations or infringement, compatibility, security, and accuracy in relation to the Website or its Content.
Whyfriday makes no express or implied representations or warranties regarding the Content of the Website and that the Website has been compiled or supplied to meet the User’s individual requirements.
Users are encouraged to report any possible errors, malfunctions, or offensive material by using the feedback link.
The use of this Website and its Content is at the User’s own risk.
Whyfriday, its directors and employees will not be liable for any special, indirect, incidental, consequential or punitive damages or any other damages whatsoever, whether in an action of contract, statute, tort (including, without limitation, negligence), or otherwise, relating to the use of this Website or its Content. If any of the foregoing is not fully enforceable for any reason, the remainder shall nonetheless continue to apply.
Subject to sections 43(5) and 43(6) of the Electronic Communications and Transactions Act, 2002 (Act 25 of 2002), Whyfriday shall not be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this Website or Content provided from and through this Website.
The provisions of Part 2 of Chapter III of the Electronic Communications and Transactions, Act, 2002 (Act 25 of 2002), is hereby excluded from applying to any electronic communications and data messages that a User sends through this site. Any communications or data message that a User sends to Whyfriday using the Website will be regarded as having been received by Whyfriday when receipt is acknowledged in writing by Whyfriday. If the User does not receive a response within a reasonable period, the User should follow it up with the site manager. Whyfriday shall not be liable for any failure to respond.
Security
Whyfriday has in place reasonable commercial standards of technology and operational security to protect all information provided by users from loss, misuse, alteration, or destruction.
All reasonable steps will be taken to secure User information.
Authorised employees, who are responsible for the maintenance of any sensitive data submitted, are required to maintain the confidentiality of such data.
It is expressly prohibited for any person, business, or entity to gain or attempt to gain unauthorised access to any page on this Website, or to deliver or attempt to deliver any unauthorised, damaging or malicious code to this Website.
If a person including any User delivers or attempts to deliver any unauthorised, damaging, or malicious code to this Website or attempts to gain unauthorised access to any page on this Website, a criminal charge will be laid against that person and, where applicable losses, and damages incurred as a result thereof will be claimed.
It is expressly prohibited for any person, including any User, business, entity, or website to frame any page on this Website, including the home page, in any way whatsoever, without prior written approval of Whyfriday.
Whyfriday may provide links to other websites only as a convenience. The inclusion of any link does not imply that Whyfriday endorses such sites.
Termination
Whyfriday may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your account or profile, including User Submissions.
Upon termination, all rights granted under this Agreement shall terminate and you shall immediately stop using the Website and/or Content.
If you wish to terminate your account or profile, you may do so by following instructions available on the relevant part of the Website. All provisions of these Terms which by their nature should survive termination shall survive termination, including ownership provisions, warranty disclaimers, indemnities, and limitations of liability.
Warranty disclaimer
The website and related service is provided and available; and is without warranty, condition or guarantee of any kind, express or implied, including any warranty of title, non-infringement, merchantability and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed. Without limiting the foregoing, Whyfriday, and its directors, employees, agents, suppliers, partners, integrators, and content providers do not warrant that: (a) the website will be secure or available uninterrupted at any particular time or location; (b) any defects or errors will be corrected; (c) any content available at or through the website is free of viruses or other harmful components; or (d) the results of using the website will meet your requirements. Your use of the website is solely at your own risk. The foregoing provisions shall apply to the maximum extent permitted by applicable law.
Indemnification
Users shall defend, indemnify, and hold harmless Whyfriday and its affiliates, and their respective officers, directors, employees, or agents, on demand from all losses, liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to any act by a User or any third party using a User’s account. which amounts to:
- the use or misuse of, or access to, the Website, and the Content,
- the violation, infringement, or non-compliance of these Terms,
- the violation of any Proprietary Rights or other right of any individual or entity.
Whyfriday reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by a User, in which event the User will assist and cooperate with Whyfriday in asserting any available defenses.
Limitation Of Liability
In no event shall Whyfriday , its affiliates, suppliers, partners, licensors, integrators or content providers, or their respective officers, directors, employees, or agents be liable with respect to the website, content or the subject matter of this agreement under contract, tort, strict liability, negligence, or any other legal or equitable theory (i) for any (ii) for any indirect, incidental, punitive, or consequential damages of any kind whatsoever; (iii) for any loss of profits, revenue, business or savings, depletion of goodwill and/or similar losses nor for data loss or cost of procurement of substitute goods or services; (iv) for any bugs, viruses, trojan horses, or the like (regardless of the source of origination); or (v) for any matter arising from your breach or negligence, or beyond Whyfriday ’s reasonable control. The foregoing provisions shall apply to the maximum extent permitted by applicable law.
Privacy
A User may visit this Website without providing any personal information.
However, certain areas of the Website may call for a User to provide personal information, which use by Whyfriday is described under its Privacy notice and which the User agrees will be provided in accordance therewith.
Cookies
Whyfriday uses cookies on its website, which are used to ensure that the Website is well managed, to facilitate improvement of the Website and to ensure that the Website is serving as a useful and effective information source.
To find out more about these Cookies and how to adjust them, please read the Whyfriday cookies notice.
Legal Terms
Any failure by Whyfriday to exercise or enforce any right or provision of these Terms 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 unenforceability or invalidity and shall remain enforceable and applicable
The Website is hosted, controlled, and operated from the Republic of South Africa and therefore the South African law enforced by the South African courts governs the use or inability to use the Website, its content, services and these terms and conditions.
Whyfriday shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Whyfriday’ s reasonable control, including mechanical, electronic or communications failure or degradation (including “line-noise” interference).
The Terms are personal to the User, and are not assignable, transferable or sublicensable by the User except with Whyfriday’ s prior written consent.
Whyfriday may assign, transfer or delegate any of its rights and obligations hereunder without consent.
Any reference to “includes” and “including” shall mean including without limitation and general words shall not be given a restrictive meaning by reason of the fact that they are followed by particular examples intended to be embraced by the general words.
No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and neither party has any authority of any kind to bind the other in any respect.
All notices under these Terms will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the business day after it is sent, if sent for next day delivery by recognized overnight delivery service.
Interception Of Communications and Investigations
Subject to the provisions of the Regulation of Interception of Communications Act 70 of 2002, (RICA) the User agrees to Whyfriday ’s right to intercept, block, filter, read, delete, disclose and use all communications sent or posted by the User to the Website and / or where applicable its staff and employees.
Whyfriday reserves the right to investigate complaints, suspicions or reported violations of these Terms and to take any action it deems appropriate including but not limited to reporting any suspected unlawful activity to the applicable authorities, regulators or third parties and disclosing and information necessary to appropriate such persons or entities
Changes & Amendments
Whyfriday expressly reserves the right, in its sole and absolute discretion, to do any of the following, at any time without prior notice:
- change these terms and conditions
- change the content and/or services available from the Website
- discontinue any aspect of the Website or service(s) available from the Website; and/or
- change the software and hardware required to access and use the Website.
If any of these Terms should be determined to be illegal, invalid, or otherwise unenforceable by reason of the laws of any state or country in which these Terms are intended to be effective, it shall be severed and deleted from this clause. All other Terms of Use and Terms & Conditions shall remain in full force and continue to be binding and enforceable.
Whyfriday reserves the right to change these any of its terms and conditions at any time by posting changes online.
If you do not accept these Terms in full, you must stop using this website immediately.
