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WEBSITE TERMS AND CONDITIONS 

Introduction

Welcome to the Moja Love (herein after the “Channel”) website www.mojalove.co.za The website is owned Moja TV Channels (Pty) Ltd (herein after the “Company”) , hosted by Moja Love, and is located within the Republic of South Africa.

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full.   If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

Your use of the website

You agree that your use of this website is for lawful purposes only. You agree that you will not use this website for any unlawful purpose, including committing a criminal offence, gaining unauthorised access to other computer systems, or transmitting unlawful material.

General disclaimer

 You agree to access and use this site entirely at your own risk. Please read the Limitation of Liability clauses below.

License to use website

Unless otherwise stated, the Company and/or Channel and/or its licensors own the intellectual property rights in the website and material on the website.  Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

  • republish material from this website (including republication on another website);
  • sell, rent or sub-license material from the website;
  • show any material from the website in public;
  • reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
  • edit or otherwise modify any material on the website; or
  • redistribute material from this website except for content specifically and expressly made available for redistribution.

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without the Company and/or Channel’s express written consent.

You must not use this website to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without the Company and/or Channel’s express written consent.

Restricted access

The Company and/or Channel reserves the right to restrict access to areas of this website, or indeed this entire website, at its sole discretion.

User content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

You grant to the Company and/or Channel a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media.  You also grant to the Company and/or Channel the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or the Company and/or Channel or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

The Company and/or Channel reserves the right to edit or remove any material submitted to this website or stored on the Company and/or Channel’s servers, or hosted or published upon this website.

Notwithstanding the Company and/or Channel’s rights under these terms and conditions in relation to user content, the Company and/ or Channel does not undertake to monitor the submission of such content to, or the publication of such content on, this website. The Company and/or Channel will also not be held accountable for any receipt of unsolicited third-party proposals and or ideas, will be completely indemnified in this regard.

Your comments

We value feedback received from visitors to our site. However, you agree not to transmit any material that is unlawful, harmful, defamatory, abusive, threatening, vulgar or obscene. You remain liable to any third party for your comments, and the Company and/or Channel is not liable to any third party for the content of your comments.

Please also note that we cannot respond to all feedback we receive.

No warranties

 This website is provided “as is” without any representations or warranties, express or implied. The Company and/or Channel makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, The Company and/or Channel does not warrant that:

  • this website will be constantly available, or available at all; or
  • the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind.  [If you require advice in relation to any [legal, financial or medical] matter you should consult an appropriate professional.]

Your privacy

We respect the privacy of all visitors to this site. You may use this site without providing any personal information. However, so that we can regularly assess and improve the site, we collect information on the number of visits to the site, pages viewed, etc.

Limitations of liability

You expressly agree that the use of this website is entirely at your own risk. The website and all its contents are provided on an “as is” basis, and the Company and/or Channel makes no representations or warranties of any kind, whether express or implied, to the accuracy of the contents of the website. The Company and/or Channel does not warrant that the website’s functions will be uninterrupted or error-free, or that the site or its server is free from viruses or other harmful components.

The Company and/or Channel will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

  • to the extent that the website is provided free-of-charge, for any direct loss;
  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if the Company and/or Channel has been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit the Company and/or Channel’s liability in respect of any:

  • death or personal injury caused by its negligence;
  • fraud or fraudulent misrepresentation on its part; or
  • matter which it would be illegal or unlawful for the Company and/or the Channel to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

Other parties

You accept that, as a limited liability entity, the Company and/or the Channel has an interest in limiting the personal liability of its officers and employees.  You agree that you will not bring any claim personally against the Company and/or Channel’s officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect the Company and Channel’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as the Company and/or Channel.

External links and advertising

Wherever this website provides links to other websites, this should not be construed as constituting any relationship or endorsement of the linked third party, and reliance on all information provided by the external link is done so at your own risk.

Wherever third party advertising or promotional material is displayed on this website, this should not be construed as the Company and/or the Channel endorsing or creating any relationship between itself and that third party. Reliance on any such material is entirely at your own risk.

Linking

Any third party wishing to link to this website from their website must obtain permission from the Company and/or Channel, and permission may be granted on terms and conditions agreed.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify the Company and/or Channel and undertake to keep the Company and/or Channel indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by the Company and/or Channel to a third party in settlement of a claim or dispute on the advice of the Company and/or Channel’s legal advisers) incurred or suffered by the Company and/or Channel arising out of any breach by you of any provision of these terms and conditions[, or arising out of any claim that you have breached any provision of these terms and conditions].

Breaches of these terms and conditions

Without prejudice to the Company and/or Channel’s other rights under these terms and conditions, if you breach these terms and conditions in any way, the Company and/or Channel may take such action as it deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

The Company and/or Channel may revise these terms and conditions from time-to-time.  Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website.  Please check this page regularly to ensure you are familiar with the current version.

Assignment

The Company and/or Channel may transfer sub-contract or otherwise deal with its rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions constitute the entire agreement between you and the Company and/or Channel in relation to your use of this website and supersede all previous agreements in respect of your use of this website.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with South African law, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of South Africa.

Company/ Channel contact details

You can make contact by email at: enquires@mojalove.co.za