KwaZulu-Natal Heritage Preservation Initiative

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Terms & Conditions

The KwaZulu-Natal Heritage Preservation Initiative ( here forth known as the KZNHPI) located at www.kznheritage.org  provides this website portal to the public to  inform it about the rich heritage of the KwaZulu-Natal province. The following describes the terms (the “Terms”) that govern your use of the KZNHPI portal, and the services and goods provided through the KZNHPI portal. Your use of the KZNHPI portal constitutes your agreement to all of the Terms. If you do not agree with any of the Terms you may not use the KZNHPI portal. The term “materials” includes all or any information, artwork, text, video, audio, animation or image files.

Use of the  KZNHPI portal

Content
The information and materials contained on the KZNHPI portal, including the text, images, audio, video, documents and general design (collectively, the “Content”) -(unless otherwise specified) are owned or licensed by the KZNHPI and it’s participating partners. You are authorised to view or download the Content solely for your personal, educational, non-commercial use provided you retain all proprietary notices contained in the Content. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Content.
Reproduction of the Content except as specifically provided in this paragraph is prohibited without the express written authorisation of the KZNHPI or the copyright owner of the material. Any publication or commercial use of the Content is strictly prohibited. Copying, redistribution or exploitation of the Content for personal or corporate gain is not permitted.

Prohibited Use
You may not use the KZNHPI portal in any manner which is contrary to applicable local, provincial, national, international and foreign laws or regulations governing your use of the KZNHPI portal. Specifically, the KZNHPI portal is both owned and operated from the Republic of South Africa. As a result, the laws of the Republic of South Africa govern these terms. It is solely your responsibility to determine whether your use of the KZNHPI portal is lawful. You may not use the KZNHPI portal in any manner which could damage, disable, overburden or impair the KZNHPI portal or interfere with any other party’s use and enjoyment of the KZNHPI portal.

Modification
The KZNHPI reserves the right to change or modify the terms, conditions, and notices under which you may use the KZNHPI portal . The KZNHPI will post all changes or modifications to these Terms on the KZNHPI portal. Each use of the KZNHPI portal will constitute your acceptance of the Terms posted on the NMF Site at that time.

Privacy
The KZNHPI is committed to protecting the privacy of its online guests and customers. We only collect personally identifiable information that you provide or that is otherwise provided to us on your behalf. Unless we advise otherwise, your information will only be used for the purpose for which it was provided or to contact you.

Disclaimer
The KZNHPI portal and the Content are provided on an ‘as is, where is’ basis. The KZNHPI  disclaims all conditions, terms, representations and warranties, express or implied, statutory or otherwise, including but not limited to, implied warranties of merchantability, quality, fitness for a particular purpose, title and non-infringement, with respect to any of the Content.
The KZNHPI does not warrant that the KZNHPI portal and the Content are free from errors or other program limitations or that the KZNHPI portal and Content will be accessible and perform in accordance with your expectations.  This disclaimer shall apply to all damages or injuries incurred from, or related to your use of the KZNHPI portal including but not limited to failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus or communication line failure.
Except as otherwise specifically provided herein, the KZNHPI further does not warrant, guarantee, or make any representations (I) regarding the goods or services provided through the KZNHPI (the ‘products’), (II) regarding the use of the products, (III) that the products will perform in accordance with your expectations, or (IV) that any defects in the products will be corrected.

Limitation of Liability
The express warranties in these terms are in lieu of all other warranties, conditions, terms, representations and obligations of the parties to these terms.
The KZNHPI will not be liable to you or any other person for any damages (direct, indirect, general, special, consequential, or otherwise), expenses, loss of profits, loss of earnings, loss of business opportunities, loss of data or other loss, arising directly or indirectly out of or in connection with the provision, use or failure of the KZNHPI portal , and/or the content, whether negligent or otherwise, and which would otherwise give rise to a cause of action in contract, tort, or any other doctrine of law.

Indemnity
You agree to indemnify, defend and hold harmless the KZNHPI portal and its respective agents, directors, officers, employees and licensors, and all other related, associated, or connected persons (collectively, the “Indemnified Parties”) from and against any and all liabilities, expenses and costs, including without limitation reasonable legal fees and expenses, incurred by the Indemnified Parties in connection with any claim or demand arising out of, related to, or connected with the use of the KZNHPI portal by you or your breach of this agreement. You will assist and co-operate as fully as reasonably required by the Indemnified Parties in the defence of any such claim or demand.

Copyright

General copyright
The KZNHPI portal comprises and contains copyrighted works. Copyright in such works remains with the KZNHPI or that of the original copyright owners. The works are protected by copyright law, and the regulations thereunder, and by similar laws in other countries.
Information on this website has been posted with the intent that it be readily available for private enjoyment or study only. Downloaded material must not be modified, must retain any associated copyright or other proprietary notices, and must acknowledge the source of the original material or owners.  Users must adhere to any additional terms and restrictions that may appear on individual pages of the website. All other uses are prohibited without the express written authorisation of the KZNHPI or the copyright owner, including:

reproduction of any kind in any medium;
redistribution in any manner for commercial use, including commercial publication, or for personal gain;
storage in any medium including extraction into any other database, computer program or website;
rental, leasing, or lending; and
extraction, manipulation or alteration in any respect.
Anyone wishing to use the materials from this website for these or other purposes must obtain prior written approval from the KZNHPI. Permission for such use is granted on a case-by-case basis and at the sole discretion of the KZNHPI.
For information on and permission to use KZNHPI website images, including licensing requests, and other KZNHPI media such as film or video, please contact us at info@kznheritage.org.

Third-Party Materials
The KZNHPI has taken all reasonable efforts to ensure that materials, for which copyright belongs to others, are reproduced on the KZNHPI portal with the full consent of the copyright owners. The KZNHPI does not warrant that the use of materials displayed in the website will not infringe the rights of third parties. Such works may not be used in any form; they may not be copied or downloaded without prior permission from the third party.

Miscellaneous

Logo
KZNHPI logo and that of it’s partners that appears on the KZNHPI portal are registered trademarks, trademarks or service marks of the KZNHPI. The use of the logo’s are strictly prohibited without the prior written consent from the KZNHPI. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.

Severability
If any provision of these Terms are invalid or unenforceable under applicable law, then it will be, to that extent, deemed omitted and the remaining provisions will continue in full force and effect.

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