Please read this user agreement carefully. It contains important contractual rights, obligations and conditions between you and Special Spaces (Pty) Ltd. Your acceptance of the terms of this user agreement is required for your continued use of this website. By accessing and using the website, you agree to be bound by the terms.
2. DEFINITIONS
2.1 “account” means your registration account for use of our service;
2.2 “content” means any information, data, text, software, music, sound, photographs, graphics, video, messages and tags;
2.3 “copyright act” means the Copyright Act 98 of 1978 and any amendments made thereto from time to time;
2.4 “downloads” means any software, data, files or content retrieved, viewed, or downloaded by you through your registration to or use of a service;
2.5 “Intellectual Property Rights” means any and all rights, title and interest in and to (whether registered or not) any intellectual property, copyright, related rights, patents, trade marks, trade names, designs, know how, trade secrets, inventions, goodwill, source code, meta tags, databases, text, content, graphics as may exist anywhere in the world;
2.6 “register” means your act of registering to a service in any way including but not limited to writing, through the internet or by telephone, and registration has a corresponding meaning;
2.7 “service or services” means inter alia content, product, software, downloads, games or other service which the website may provide from time to time;
2.8 “third party service” means any service or content, whether related or similar to our services, which is provide by us in collaboration with a third party, or which is provided to us by a third party to enable us to provide the services;
2.9 “use” includes but is not limited to accessing, retrieving, downloading, logging on to, contributing to, or viewing a service, and user has a corresponding meaning;
2.10 “username” means any name, password, number, or email address allocated to you or created by you when registering to or using our services;
2.11 “rules” means any rules which appear on the website and which purport to regulate a service;
2.12 “we, us and our” means Special Spaces and its agents and affiliates;
2.13 “you” means the user and any user who registers to a service.
3. USAGE
Persons using the specialspaces.co.za website for any reason whatsoever, subject themselves to and agree to these terms and conditions and privacy policy of Special Spaces when accessing this website.
The specialspaces.co.za website consists of information, content and services provided by Special Spaces, its licensor(s), third parties and users of the website.
Special Spaces expressly reserves the right, in its sole and absolute discretion, to remove, alter, modify, supplement and/or restrict access to the services, content, information, software, or file(s) appearing on or transmitted through the specialspaces.co.za website.
Any information and/or content appearing on or transmitted through the specialspaces.co.za website does not constitute advice and you, the user, are encouraged to consult with your professional advisor before acting on any information or content appearing on or transmitted through the specialspaces.co.za website.
You agree to use these services:
3.1 in accordance with the rules and the terms;
3.2 for lawful purposes;
3.3 for the purposes for which they are designed.
Nothing on this website shall be construed as an offer by Special Spaces to you, the user, but merely an invitation to do business. We expressly reserve the right, in our sole and absolute discretion, to amend this agreement.
4. PROVISION OF SERVICES
4.1 We will always endeavour to provide the services to the user.
4.2 You are however aware that there are various factors, such as transmissions over various networks, which we do not have control over.
4.3 We do not warrant or guarantee that any service will always be available and reliable and free of errors or interruptions.
4.4 You further acknowledge and accept that we do not encrypt any content or communications from and to the website and we do not provide digital authentication of any page on the site.
4.5 You understand that advertising plays an important role in the provision of the services and that we will display advertisements and other information as part of the services which you may use.
4.6 From time to time we may send promotional email to you.
4.7 Where we publish or provide content or advertisements as part of a service we do not warrant or guarantee that the content or advertisements are suitable, accurate, reliable or lawful.
4.8 We shall not be liable for any loss or damage of any nature incurred as the result of any such interactions, or as the result of the presence of such advertisers on the website.
5. DURATION
You are bound by the terms for as long as you subscribe to or use the service.
6. SUSPENSION OR TERMINATION OF SERVICES
We may suspend, interrupt, change or end any service or any part thereof at any time for any reason in our sole discretion without notice to you and without incurring any liability to you.
7. INTELLECTUAL PROPERTY RIGHTS & LICENSE
All content, trademarks and data on this website, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, and designs are the property of or licensed to Special Spaces (Pty) Ltd specialspaces.co.za, and as such, are protected from infringement by domestic and international legislation and treaties.
7.1 We retain all intellectual property rights to downloads.
7.2 You will not, unless with our express consent:
7.2.1 sell or otherwise transfer any downloads to any third party;
7.2.2 appropriate the downloads in whole or in part for any other purpose;
7.2.3 incorporate the downloads into any other content for any reason whatsoever;
7.2.4 You may retrieve, store, cite or refer to or print content from the website for educational, research or non-commercial purposes only, as provided for in the Copyright Act.
7.2.5 You may not reproduce, publish, perform, broadcast, make an adaptation of or sell any copy of any content in respect of which we own the copyright without our consent.
7.2.6 You acknowledge that we own the right, title and interest in and to the services developed and provided by us, the system which provides the services and all software associated with the services as well as all intellectual property rights thereto.
7.2.7 You will retain ownership of any original content that you provide when using the service, including any text, data, information, images, photographs, music, sound, video or any other material which you may upload, transmit or store when making use of our service, however with regards to content which you may upload or make available for inclusion on publicly accessible areas, you grant us irrevocable rights to use, publicly display, publish, reproduce, distribute, broadcast, adapt, modify and promote on any medium.
7.2.8 All rights not expressly granted are reserved. The intellectual property rights in all content, information, services and/or software vesting in specialspaces.co.za shall continue to vest in specialspaces.co.za and no right, title or interest in any proprietary material or information contained in this website is granted to you.
7.2.9 Special Spaces grants to you, the user, a personal, non-exclusive, non-assignable and non-transferable licence to use, print and display all content, information, software, or file(s) on any machine(s) of which you, the user, are the primary user for non-commercial purposes only.
7.2.10 You, the user, are prohibited from sublicensing, assigning or transferring this licence to any person. Unauthorised copying of content, information, software, or file(s), including content, information, software, or file(s) that have been amended, modified, combined or included with such content, information, software, or file(s), or the written materials associated therewith is expressly prohibited. Any unauthorised copying and/or sublicensing, or attempt at copying and/or sublicensing, assignment or transfer of this agreement, shall result in the immediate termination of this agreement by Special Spaces without notice.
7.2.11 You, the user, shall be responsible for all use of the information, content or service accessed through your user account, which may be determined by cookies, password(s) or authentication certificate(s).
7.2.12 You, the user hereby ratify, guarantee and agree to be personally liable for any and all obligations entered into or assumed by others who use the information, content or services through your user account.
7.2.13 Except as expressly permitted in this User Agreement, neither you, the user, nor your designated users may reproduce, redistribute, retransmit, publish or otherwise transfer, or commercially exploit, any information, software or other content which they receive or access through the service.
For more information on how your information is stored and how it can be accessed by yourself, please read our POPIA page: (link goes here)
8. ELECTRONIC COMMUNICATIONS
By using this website or communicating with Special Spaces by electronic means, the user consents and acknowledges that any and all agreements, notices, disclosures, or any other communication satisfies any legal requirement, including but not limited to the requirement that such communications should be “in writing”.
9. CHANGES & AMENDMENTS
9.1Special Spaces (Pty) Ltd may include technical or other inaccuracies or typographical errors. Changes and amendments are periodically made to the information herein and these changes will be incorporated in any new editions of this website.
9.2 Special Spaces reserves the right to make improvements and/or changes or amendments to this website at any time. Special Spaces reserves the right to change and amend the prices and rates quoted on this website without any notice.
10. YOUR INFORMATION
10.1 When you register to or start to use a service, if requested by us, you will provide us with your full names, email address and telephone number. In doing so you warrant that all information provided by yourself is true and correct.
10.2 We may treat any misrepresentations by you as a fraudulent act.
10.3 You agree that, as long as you use or have registered to a service, we may collect and store your personal information (please refer to the POPIA page for further information).
11. LIMITATION OF OUR LIABILITY
11.1 You register and use our service at your own risk.
11.2 We are not liable to you or any other third party for any damages suffered by you or a third party howsoever arising from your registration to, use of or reliance on a service, including but not limited to any damages suffered by you due to:
11.2.1 access to the website or websites linked thereto;
11.2.2 an interruption of or error in the service including an inability to access the website;
11.2.3 inaccurate information or unreliable results;
11.2.5 our failure to fulfill our obligations as a result of uncontrollable events;
11.2.6 disclosure of your personal information.
12. BREACH
12.1 If you breach any of the terms, then we may, without prejudice to any of our other rights and without notice to you:
12.1.1 claim immediate payment of any outstanding amounts due to us;
12.1.2 stop or suspend your use of any services;
12.1.3 terminate this agreement;
12.1.4 retain all amounts already paid by you and recover all costs associated with your breach.
13. COMMUNICATION
You authorise us to communicate with you from time to time about our services including but not limited to special offers, discounts, promotions, operational changes and/or new services.
14. GOVERNING LAW
The terms are governed by and construed under the laws of the Republic of South Africa and all disputes and other matters relating thereto shall be determined in accordance with such law.
15. JURISDICTION
You hereby consent to the jurisdiction of the Western Cape High Court, Cape Town.
16. WHOLE AGREEMENT
16.1 The terms constitute the whole of the agreement between us and you relating to the matters dealt with herein.
16.2 No undertaking, representation, warranty, guarantee, term or condition relating to the terms not incorporated therein will be binding on you or us.
17. ADDRESSES
17.1 You select as your address for the purpose of receiving legal process and notices, the address furnished when you register to or start using a service.
17.2 We may send you any notices (other than legal process) by email.
17.3 You will notify us of any change in address.
17.4 We select as our address for the purposes of receiving legal process and notices the address in 1 above.
18. WAIVER
18.1 Any waiver, indulgence, relaxation or extension of any of the terms will be effective only in the specific instance and for the purpose given.
18.2 No failure or delay on our part in exercising any of our rights will constitute or be deemed to be a waiver.
18.3 No single or partial exercise by us of any of our rights will preclude us from any other or further exercise thereof.
19. SEVERABILITY
19.1 Each provision of the terms is severable from the other provisions.
19.2 If any provision is found to be invalid or unenforceable, the remainder of the terms will remain enforceable.
20. PRIVACY
20.1 We shall endeavour to protect your privacy as best we can; however we do not accept liability for any unauthorised or unlawful disclosures of your personal information made by third parties who are not subject to our control.
20.2 We voluntarily subscribe to the principles outlined in Section 51 of the Electronic Communications and Transactions Act 25 of 2002
20.3 When you access the website we will receive various information such as the IP (internet protocol) address of your computer.
20.4 We will use this information to improve the content of the service and you consent to us doing so.
The websites are owned and / or managed by Special Spaces (Pty) Ltd, a private company duly registered in accordance with the company laws of the Republic of South Africa of 52 Washington Road, Claremont, Cape Town, South Africa and can be contacted via email using the address info@specialspaces.co.za
