| Kindly note that
these terms and conditions may not be copied or used,
in part or whole, without the express written permission
of KALEIDOSCOPE ADVERTISING & EMARKETING. |
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| 1. |
USAGE
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1.1 |
Persons using the
wikibaby website for any reason whatsoever, subject
themselves to and agree to the terms and conditions
and privacy policy of wikibaby when accessing the
website as set out below.
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1.2 |
This website is
only intended to provide the user with information
regarding wikibaby, its products offered and services
rendered and advice given.
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1.3 |
Without derogating
from the a foregoing, wikibaby hereby authorises the
user to view, copy, download to a local drive, print
and distribute the content of this website, or any
part thereof, provided that:
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1.3.1 |
such contents is used for information
and/or non-commercial purposes only; and |
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1.3.2 |
any reproduction of this the
content of this website, or portion thereof, must
include the following copyright notice: wikibaby 2006.
ALL RIGHTS RESERVED. |
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1.4 |
Users that wish to use content
from this site for commercial purposes may only do
so with prior written permission. |
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| 2. |
INTELLECTUAL PROPERTY RIGHTS |
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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 wikibaby, and as such, are protected from infringement
by domestic and international legislation and treaties.
Subject to the rights afforded to the user herein,
all other rights to all intellectual property on this
site is expressly reserved. |
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| 3. |
ELECTRONIC COMMUNICATIONS |
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By using this website or communicating
with wikibaby 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". |
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| 4. |
CHANGES
AND AMENDMENTS
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4.1 |
wikibaby expressly reserves the right,
in its sole and absolute discretion, to alter and/or
amend any criteria or information set out in this website
without prior notice. |
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4.2 |
wikibaby reserves the right to change
and amend the prices and rates quoted on this website
without any notice. |
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4.3 |
The user undertakes to check wikibaby
frequently and to acquaint themselves with the changes
and/or amendments in the information supplied on the
website. |
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| 5. |
PRIVACY POLICY |
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5.1 |
wikibaby protects the user's privacy: |
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5.2 |
No personal information
will be disclosed to third parties without the user's
permission or due process. |
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5.3 |
wikibaby gathers
and will be in possession of the following private
and personal information: |
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5.4 |
Information provided
by the user voluntarily - this information is used
to provide a better service to users; |
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5.5 |
Information automatically
provided (e.g. cookies) - this information is gathered
to better your browsing and interaction with wikibaby.
Cookies cannot harm your computer or carry viruses;
and |
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5.6 |
By using this website
the User consents to the following: |
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5.6.1 |
wikibaby may use your personal
information to communicate with the user from time
to time. Users may indicate if they do not wish to
receive such communications; and |
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5.6.2 |
wikibaby may use user's information
for non-personal statistical purposes. |
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5.7 |
wikibaby retains
the copyright in databases of personal information
of users. |
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| 6. |
LINKING AND FRAMING |
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6.1 |
Any third party site
may link to this website provided that such a link
is directed at the home page of this website. It is
expressly prohibited for any person, business, entity
or web site to link to any page other than the home
page of this website, without the prior written approval
of wikibaby. |
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6.2 |
It is expressly prohibited for
any person, business, entity, or website to frame
any page on this website, including the home page,
in any way whatsoever, without the prior written approval
of wikibaby. |
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AGREEMENTS IN TERMS OF
SECTION 21 OF THE ELECTRONIC COMMUNICATIONS &
TRANSACTIONS ACT |
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7.1 |
No information or data on this
website is an offer but merely an invitation to do
business. |
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7.2 |
No agreements shall be concluded
merely by sending a data message to this website or
its owners, valid agreements require an acknowledgement
an offer, of receipt from this website. |
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| 8. |
SEARCHING TECHNOLOGY |
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The use of non-malicious
search technology, such as "web-crawlers"
or "web-spiders", to search and gain information
from this website is not permitted if such technology
will result in slowing down this website server or
copyright infringement of any data and information
available from this website. Data and information
may only be used in compliance with sections 5 to
8 hereof. |
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| 9. |
LINKS TO THIRD PARTY SITES |
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9.1 |
wikibaby may provide
links to the user only as a convenience and the inclusion
of any link does not imply wikibaby's endorsement
of such sites. |
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9.2 |
Linked websites or
pages are not subject to the control of wikibaby.
wikibaby shall not be held responsible or liable,
directly or indirectly, in any way for the contents,
use, or inability to use or access any linked websites
or any links contained in a linked website. |
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| 10. |
SECURITY OF INFORMATION |
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10.1 |
All reasonable steps
will be taken to secure a user's information. |
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10.2 |
Users undertake not to divulge
their user name and passwords to any other person. |
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10.3 |
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. Any person
who 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
shall be held criminally liable, and in the event
that wikibaby should suffer any damage or loss, civil
damages will be claimed. |
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| 11. |
DISCLAIMER |
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11.1 |
Subject to the provisions
of sections 43(5) and 43(6) of the Electronic Communications
and Transactions Act, wikibaby shall be liable for
any damage, loss or liability of whatsoever nature
arising from the use or inability to use this website
or the services or content provided from and through
this website. Furthermore, wikibaby makes no representations
or warranties, implied or otherwise, that, amongst
others, the content and technology available from
this website are free from errors or omissions or
that the service will be 100% uninterrupted and error
free. |
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11.2 |
This website is supplied on an
"as is" basis and has not been compiled
or supplied to meet the user's individual requirements.
It is the sole responsibility of the user to satisfy
itself prior to entering into this agreement with
wikibaby that the service available from and through
this website will meet the user's individual requirements
and be compatible with the user's hardware and/or
software. |
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11.3 |
Information, ideas and opinions
expressed on this site should not be regarded as professional
advice or the official opinion of wikibaby and users
are encouraged to consult professional advice before
taking any course of action related to information,
ideas or opinions expressed on this site.
Wikibaby will not be held liable for any adverse effects
caused as a direct result of implementing information/following
advice provided on the website, and that provided
information is to be used at own risk.
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11.4 |
All items purchased from wikibaby
are made pursuant to agreements with shipping and
delivery agents and risk of loss pass from wikibaby
to such agents upon delivery of any item to such carrier. |
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11.5 |
Neither wikibaby nor any of its
agents or representatives shall be liable for any
damage, loss or liability of whatsoever nature arising
from the use or inability to use any product sold
on this website. |
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11.6 |
Postings of any kind posted to
this website or e-mail sent to this website are not
editorially controlled and therefore wikibaby cannot
be held liable for illegal or unconstitutional content.
The user indemnifies wikibaby from all liability in
this regard. |
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| 12. |
SEVERABILITY |
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12.1 |
These Terms and Conditions of Use
constitute the entire agreement between wikibaby and
you, the user of this website. Any failure by wikibaby
to exercise or enforce any right or provision of these
Terms and Conditions of Use shall in no way constitute
a waiver of such right or provision. |
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12.2 |
In the event that any term or condition
of the use of this website is not fully enforceable
or valid for any reason, such term(s) or condition(s)
shall be severable from the remaining terms and conditions.
The remaining terms and conditions shall not be affected
by such unenforceability or invalidity and shall remain
enforceable and applicable. |
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| 13. |
APPLICABLE AND GOVERNING
LAW |
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This website is hosted,
controlled and operated from the Republic of South
Africa, and thus the South African Law governs the
use or inability to use this website and these terms
and conditions. |
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| 14. |
CONTACT INFORMATION / DOMCILIUM
CITANDI ET EXECUTANDI |
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If you have any questions, queries or wish to request
permission to use any part of this website, including,
linking, framing, or searching, please contact us
at: info@wikibaby.co.uk
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