Terms & Conditions
FAIR TRADE TOURISM WEBSITE TERMS AND CONDITIONS
1.1 These terms and conditions (“Terms”) apply to the Fair Trade Tourism website (the “Website”), which is owned by Fair Trade Tourism NPC (“FTT”). FTT used to be known as “Fair Trade in Tourism South Africa”, but has changed its name to “Fair Trade Tourism”.
1.2 These Terms are binding on everyone who chooses to access the Website without qualification or exception. By using this Website, the person accessing the Website (the “User”) agrees to be bound by and shall be regarded to have accepted to abide by these Terms, and acknowledges to have read and understood them. If the User does not agree to any of the Terms, the User should not enter, view or make use of the Website.
1.3 FTT reserves the right to and may occasionally make any changes to these Terms without notifying the User. If the User’s continues to use this Website, after the changes have been made, this action shall represent the User’s agreement to the updated Terms.
2. WEBSITE USE
2.1 The content published on the Website reflects the views of the author and does not necessarily represent the official opinion of FTT unless otherwise stated.
2.2 No content that is illegal, unlawful, obscene, defamatory, discriminatory, disparaging of others, derogatory, inflammatory, harassing, insulting, offensive or likely to promote violence or hatred against others or that contains abusive, offensive or profane language may be posted on the Website nor may such content be associated in linking to the Website.
2.3 Any material uploaded by the User to the Website will be considered to be in the public domain and anyone can produce or distribute them and in doing so the User grants FTT a non-exclusive, royalty free, sub-licensable licence to use, copy, adapt, distribute and reveal to third parties any such material for any purpose in any form throughout the world without any time limitation.
2.4 The Website may contain links to other websites. FTT has no control over such websites and does not review their content and will not be responsible for their content or accuracy. The User accesses such websites at the User’s own risk and judgment.
2.5 The User may not link to this Website, without FTT’s prior written consent.
2.6 Although every effort will be made to have this Website available at all times, the Website may become unavailable due to maintenance or repairs, loss of connectivity or some other form of interruption. FTT does not warrant against nor will it be held legally responsible for such downtime and is hereby indemnified from any loss, damage, claims, costs or penalties incurred as a result of such unavailability.
2.7 By gaining entry to this Website the User represents and warrants that he owns and/or otherwise controls all of the rights to the content that he posts and/or uploads. Furthermore, the User represents and warrants that the content submitted to the Website is accurate; can be used; and will not result in injury, insult any person or violate any clause of these Terms or any law. FTT is therefore indemnified from and against any and all loss by any person which results from a violation of these representations or warranties.
3.1 If the User chooses or is provided with identification codes, usernames, passwords or any similar form of identification information as part of the Website’s security systems, such User must keep this information secret and confidential and must not permit anyone else to use it. The User shall be responsible for all access to the Website with the User’s username and password. When the User’s username and password have been used in order to gain access to the Website, FTT shall be entitled to assume that such use and all related communications emanate from the User. FTT shall not be liable for any loss or damage arising from unauthorised use of the User’s identification information.
3.2 Should the User become aware of a breach of the confidentiality of the User’s username and password, the User must immediately communicate this to FTT with a later confirmation in writing. The compromised username and password will be deactivated as soon as reasonably possible and a new username and password will be issued to the User. FTT may, in its sole and absolute discretion and for any reason whatsoever, require the User to change his username and password at any time.
4. LIABILITY AND INDEMNITY
4.1 Any commentary, advice, information, suggestions, opinions, answers or any other information posted on the Website is not intended to nor shall it be interpreted to amount to advice on which a User should rely. Such items are posted merely to guide the User on the subject of discussion. The User makes use of any such information at the User’s own risk and in the User’s own discretion. The User indemnifies FTT from and against any and all liability and responsibility arising from the User relying on such information whether posted on the Website or by any other person visiting the Website.
4.2 The Website and all information, content, materials and services included or otherwise made available to the User in it or provided on an “as is” and on an “as available” basis.
4.3 FTT does not warrant, whether express or impliedly, in regard to the Website, its contents, accuracy or availability. Without taking away from anything that has been previously said, FTT does not warrant that the Website or any files that may be downloaded from it are free of viruses, worms, trojan horses or any other code that have malicious, contaminating or destructive properties.
4.4 The User takes all responsibility and risk for making use of the Website. Despite anything to the contrary contained in these Terms, FTT will have no liability for any loss, damage, cost, claim or penalty of whatsoever nature including, but not limited to, indirect and consequential loss or damage and loss of profits, however arising out of or in connection with these Terms or the Website, whether caused by latent or patent defects in the Website, the use of the Website and/or information contained on the Website or otherwise.
4.5 FTT shall not be liable for and the User hereby indemnifies FTT against any and all liability of any nature whatsoever suffered by the User or any third party in relation to any act or omission by the User or, where applicable, the User’s shareholders, members, directors, officers, employees, representatives, agents or assigns or any third party in relation to the Website and the use thereof by the User, and/or arising from the provisions of these Terms.
4.6 FTT will not be liable for any delay, failure, violation or non-compliance with its obligations under these Terms if such delay, failure, violaton or non-compliance is beyond the reasonable control of FTT.
4.7 These Terms do not intend to, nor shall they be interpreted to, limit the liability of FTT in any way which would be against the law for FTT to exclude or attempt to exclude or where such exclusion is banned by any law in force from time to time in the Republic of South Africa.
5. INTELLECTUAL PROPERTY
5.1 The User accepts that FTT and/or its licensors are the owners of any and all copyright, trade marks and other intellectual property connected with, related to or appearing on the Website (“Intellectual Property”).
5.2 The content of the Website, including but not limited to any pictures, photos, text, presentations, names, titles, brands, drawings, models and associated software are protected by South African and international law. The owners of such content shall continue to own all such rights therein unless provided otherwise in these Terms.
5.3 FTT graphics, trade marks, logos, page headers, button icons, scripts and service names are the trade marks or trade dress of FTT. FTT’s trade marks and trade dress may not be used in connection with any product or service that is not conducted by FTT or in any manner that is likely to cause confusion among customers, or in any manner that ridicules or discredits FTT. All other trade marks not owned by FTT that appear on the Website are the property of their individual owners who may or may not be associated with, connected to, or sponsored by FTT. The User may not use such trade marks without consent from the relevant owners.
5.4 The User agrees:
5.4.1 not to use or register any trade marks, trade names or other devices which are or incorporate marks which are the same as or confusingly similar to FTT’s trade marks or which marks are likely to be related with to FTT’s trade marks or where such use would take unfair advantage of or be detrimental to the distinctive character or the reputation of FTT’s trade marks;
5.4.2 not at any time to do or cause to be done any act or thing in any way that will impair or tend to impair any part of FTT’s rights, title and interest in and to the Intellectual Property; and
5.4.3 not in any way to make unauthorised use of the Intellectual Property or to represent that User has any rights of any nature in the Intellectual Property or any registrations thereof.
5.5 The User agrees not to make any unauthorised use, reproductions or copies of any work or material displayed or made available on the Website and agrees to adhere to and comply with all policies, conditions of use and rules that may apply to the use of such work or material. Despite the aforesaid, the User may download and print one copy of the Website’s contents, non-commercial and information purposes only.
If the User commits any breach of these Terms or in any other way interacts with or uses the Website in an unlawful or unauthorised manner, FTT will be entitled, in its sole and absolute discretion, to terminate the User’s access to the Website immediately, without prior notice, without any liability on FTT’s part and without prejudice to FTT rights in terms of these Terms or at law.