# ONLINE TERMS AND CONDITIONS OF USE
These terms make reference to sections of the Electronic Communications and Transactions Act, 25 of 2002 (hereinafter “the ECT Act”), a copy of which may be obtained at http://www.internet.org.za/ect_act.html .
The use this website is at your own risk. Whilst we endeavour to ensure that the information on this site is accurate and complete, we make no warranties about the accuracy, reliability, completeness or timeliness of information published on this website. The information on this website is intended for general information purposes only and is not intended to serve as financial, legal or other advice. To the maximum extent possible under applicable law, we disclaim liability for any claim, loss, injury or damage arising out of or in connection with the use of information and/or goods and/or services available from or trough this website, whether direct or indirect including, without limitation, any liability relating to any loss of use, interruption of business, lost profits or lost data, or incidental, special or consequential damages of any kind.
# GOVERNING LAW AND JURISDICTION
Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Northern Ireland, Scotland, Wales and the Republic of Ireland.
# SALE OF LIQUOR
To the extent that this website may market, promote or advertise the sale of liquor, it is not intended for persons under the age of 18 years and you are advised that liquor may not by law be sold or supplied to persons under the age of 18 years.
In terms of section 86 of the ECT Act you are notified that it is a criminal offence to gain unauthorised access to any restricted areas of this website or to otherwise interfere with the proper functioning thereof.
This Site and all the Content on it is owned by Distell Limited (or its licensors and content providers). All rights in the Content are reserved to their respective owners, unless expressly stated otherwise.
Any Contribution you send or post to this Site remains your property, but Distell Limited may use your Contribution as described under "Your Contributions" below. You may not use any Content on this Site unless it is expressly stated that you may do so. Where we state that it is permitted to do so, you may download and use Content, but only for the purposes of raising awareness about the campaign efforts.
# You may not
- Use any Content on this Site for personal gain, for any commercial purpose, to advertise or sell any products or services, or to promote a business;
- Copy, transmit, store or distribute any part of this Site, unless we have expressly indicated that you may do so. You may not alter, modify, adapt, reverse engineer, disassemble or create derivative works of any software which is accessible through this Site; or
- Collect or use any personal details from this Site.
# Your Contributions
If you send or post any Contributions to this Site or to Distell Limited, you confirm that you are granting Distell Limited a perpetual (and irrevocable), royalty-free, worldwide, non-exclusive licence to use the material in your Contribution for any purpose in any media in any part of the world. This includes the right for Distell to copy, edit, publish, grant sub-licences, and exercise all other copyright and publicity rights over the material. You also waive all ‘moral rights’ in the materials (‘moral rights’ are described in the Copyright, Designs and Patents Act 1988).
If you do not wish to grant us these rights, please do not send or post your Contribution to this Site or to Distell Limited.
You must not post or send any Contributions to this Site or to Distell Limited that you do not have permission to publish or share in this way, for example clips of music videos or TV shows. By sending or posting a Contribution to this Site or Distell Limited you warrant that:
- Your Contribution does not infringe any person’s intellectual property rights, which include any copyright, moral rights or trade mark rights;
- You have necessary permission from everyone in a picture or video. For children and young people the permission must be from their parent or legal guardian.
You should always give careful consideration before making public any personal information about yourself or anyone else (for example telephone number, home address or email address), especially anything that could identify a child or young person.
Distell Limited does not endorse any Contribution or any opinion, statement, or advice expressed by users of this Site wherever it may appear. To the fullest extent permitted by law, Distell Limited expressly disclaims all liability in connection with any Contributions made by users of this Site wherever it may appear.
# UNLAWFUL USE
You may only use this Site for lawful purposes and you agree to comply with all applicable laws, regulations and codes of conduct and to be solely responsible for all things arising from your use of this Site. You may not submit, publish, post, distribute or transmit any defamatory, offensive, infringing, obscene, indecent or unlawful or objectionable Contributions. You may not interfere with anyone’s use or enjoyment of this Site, for example by threatening, bullying or sending junk mail.
# PHOTOS TAKEN AT ANY OF THE DISTELL EVENTS
Please note that photographs, audio, digital or video images may be taken during this event, which may be used by Distell for promotional purposes, in publications, and on our websites and social media platforms. By attending this event you acknowledge and give consent to such use. If your image is featured on any of our platforms and you are not completely satisfied with this, please contact us and we will ensure that it is removed.
# LIMITATION OF LIABILITY (PLEASE READ CAREFULLY)
You agree that you are solely responsible for your use of this site, and that to the fullest extent permitted at law, Distell Limited, its officers, trustees, employees and agents do not make any representations and do not give any warranties, express or implied, concerning this Site and the Content. In particular, Distell Limited does not warrant or represent that this Site or the Content is virus free.
All software provided by third parties (for example Acrobat Reader and RealPlayer) is the sole responsibility of that third party.
# THIRD PARTY WEBSITES
This Site may contain links to websites operated by parties other than Distell Limited. Such links are provided for your convenience only and you access these links at your own risk. Distell is not responsible for the content of any third party websites linked to or from this Site.
# GENERAL PROVISIONS
# PRIVACY OF PERSONALLY IDENTIFIABLE INFORMATION
We will not disclose any personally identifiable or payment-related information (collectively “personal information”) to third parties without obtaining your prior consent. We shall however not be prohibited from making personal information available within our group of companies or to our marketing agents for marketing purposes, subject thereto that such parties agree to observe the above provision.
# LINKING AND FRAMING
You may not establish a link to this website from a third party site, unless the link does not imply any association, endorsement or sponsorship by us of such website, or any products or services offered on such site; or unless the linked pages from the website are displayed without alteration of any kind. You may in particular not cause a user's web browser to display a "framed" version of this web site in response to activating a link.
# AUTOMATED ACCESS
Other than bona fide public search engines, you may not access any pages in this website using any automated process or technology, including, without limitation, any web spiders, crawlers, or similar technologies.
# ELECTRONIC COMMUNICATIONS
Any communication or material you transmit to us by electronic mail or otherwise, including, but not limited to any data, questions or answers, comments, suggestions, or the like, will be treated as nonconfidential and non-proprietary by us, unless expressly agreed otherwise in writing. Electronic communications shall only be deemed to have been received if and when responded to in a manner, other than by way of an automated response. Information contained in electronic communications must be regarded as confidential and intended solely for the use of the intended recipient. Any unauthorised disclosure, copying, distribution or action in reliance upon the contents of this electronic communication is strictly prohibited and unlawful. Whilst we employ virus filtering, we provide no guarantees or warranties that electronic communication will be virus-free. You are accordingly advised to employ your own virus scanning tools. The views expressed in any electronic communications transmitted are those of the individual sender, unless the context clearly provides otherwise.
You can donate to the DOYOURPART fundraiser, as part of the Bicycles Change Lives campaign run by Qhubeka (http://qhubeka.org/ ). All funds donated are held by Qhubeka, and processed through the GivenGain payment gateway.
- You may only use the DOYOURPART GivenGain pages to fundraise for Qhubeka.
- You must not advertise, sell anything or promote a business other than for fundraising.
- You must not use inappropriate usernames, passwords or page names.
- Anything you post must be civil, polite, tasteful and appropriate.
- Anything you post must not be unlawful, inappropriate or objectionable - this includes anything obscene (e.g. violent or sexually explicit), defamatory, or that someone else might find offensive, upsetting, abusive or threatening.
- You must not behave disruptively, offensively or abusively – this includes threatening, bullying, harassing or revealing personal details about someone else without their permission.
- Please make sure you have permission from everybody appearing in pictures that you post. Do not post any content featuring persons under 18 years of age.
- Please do not post anything which is copyrighted, such as music videos or TV shows, and which you don’t have permission to use.
The views expressed on the GivenGainPages and the Fundraiser Showcase pages are those of members of the public, and not necessarily those of Distell Limited.
# Fundraising dos and don'ts
If you are fundraising for Qhubeka, please make sure you stay legal – and take a moment to read the following guidelines and information before you start:
Your fundraising materials must not suggest that you represent the charity, only that you are fundraising in support of us.
If you are raising money in the course of a business, deducting any amount to cover costs, or splitting the money raised between Distell Limited and another charity, then you’ll need a Fundraising Agreement.
We don’t advise you to collect money in a public place or door to door. If you do choose to do so, you’ll need your own licence from your local authority (you should find details about this on your local authority’s website).
Persons under the age of 18 must not fundraise in any way.
If you are planning any type of lottery (such as a raffle, tombola or sweepstake), please be aware that there are strict rules about what you can do. For England, Wales and Scotland, the Gambling Commission publishes useful guidance on lotteries at gamblingcommission.gov.uk. In Northern Ireland, the Northern Ireland Council for Voluntary Action publishes a good practice guide at nicva.org.
You should always consider whether you need appropriate insurance cover for your fundraising activity. If necessary, carry out a risk assessment and make sure participants are fully briefed about the activity.
For more information on fundraising please see the Institute of Fundraising website, how2fundraise.org.
# Disclaimer – please read!
Please be safe! Whilst we really appreciate your support, Distell Limited is not responsible for organising, supervising or hosting your fundraising activity. All activities, and participation in them, are at the organisers’ and participants’ own risk. Your activity should not pose a danger to you or any onlookers.
Distell Limited does not accept responsibility or liability for any loss or damage, or for any death or personal injury, arising out of any fundraising activity including liability as a result of negligence (except death or personal injury caused by Distell Limited’s negligence).
If you wish to donate to Qhubeka or sponsor anyone for DOYOURPART, please note that your donation or sponsorship payment is non-refundable. If you sponsor someone your sponsorship is not conditional on the activity being completed.
# INFORMATION DISCLOSURE
The following information of Distell Limited is disclosed in terms of section 43 of the ECT Act and section 51 of the Companies Act, 61 of 1973:-
Full name and legal status: Distell Limited
Registration number: 1963/001333/06
Names of directors: MJ Botha, W Bührmann, PF Carolin, VC de Vries, DJ Gallow, C Gous, DM Hegland, SW Klopper, MG Lambrechts, NT Moodley, K Pillay, RM Rushton (Managing Director), CLC Snyman, JJ Venter
Place of registration: Republic of South Africa
Physical address: Aan-de-Wagen Road, Stellenbosch, RSA
Telephone number: +27 (0)21 809 7000
Website address: www.distell.co.za
E-mail address: firstname.lastname@example.org