Terms of Use

DISCLAIMER

We will not disclose any personally identifiable or payment-related information (collectively “personal information”) to third parties without obtaining prior consent.

We shall however not be prohibited from making personal information available within our various departments or to our marketing agents for marketing purposes, subject thereto that such parties agree to observe the above provision.

TERMS AND CONDITIONS

Interpretation

“user”: a person who uses and/or access computer Software and/or material via the Smile 90.4FM site;

” Smile 90.4FM “: Smile 90.4FM established in terms of the Broadcasting Act No. 4 of 1999;

“Software”: Including but not limited to any images or files incorporated in or generated by the software or data accompanying such software;

“material”: Including but not limited to: text, submissions, images, audio and/or video in whole or in part;

“content”: Included but not limited to software and material;

” Smile 90.4FM site”: All the sites on the World Wide Web controlled and/or owned by Smile 90.4FM;

“submissions”: Including but not limited to notes, images, creative materials, ideas, suggestions, concepts, communication including any data, questions, comments and other information submitted in the Smile 90.4FM site via transmission by electronic mail or otherwise;

“forums”: Including but not limited to bulletin boards, chatrooms and other public areas found on the Smile 90.4FM site;

In this agreement unless it appears to the contrary, the singular shall include the plural and visa versa, any reference to any gender shall also includes the opposite gender and any reference to a natural person, shall include legal person and visa versa.

1. Trade mark / copyrights and restrictions on use

1.1. The site consist of contents which are derived entirely or in part from content supplied by Smile 90.4FM and other sources. The said contents are protected under applicable South African Copyright and Trade Mark Laws, International Trade Marks and Copyright Laws and conventions.

1.2. The user, with the inclusion of but not the limitation of, may not reproduce, duplicate, publish, modify, copy, download, upload in any manner, post, broadcast or transmit, reverse engineer or disenable, display, or distribute or in any way exploit any of the contents that being software and/or material. Except in so far that the user may download one copy of the content on any single computer for the user’s personal, non commercial home use only. Provided that all propriety notices and restrictions attached onto the content are kept intact, unless expressly permitted by the site, or unless prior written consent from Smile 90.4FM has been obtained. Requests for permission regarding any issue relating the contents which fall into the ambit of the limitations stated above, can be made by contacting

1.3. The user is also strictly prohibited from creating works, and/or software materials derived from or which are based on the contents found on this site. The prohibition applies regardless of whether the content is sold, negotiated or given away and/or further alienated in any manner whatsoever.

2. Access and availability of service and links

2.1. Smile 90.4FM contains links to other related world web Internet sites. No inference can be made or representation implied that the Smile 90.4FM is connected with, operates or controls these linked web sites. Whether or not these linked sites are in fact affiliated with Smile 90.4FM, Smile 90.4FM is not responsible for the content on the aforesaid sites. The linked sites are for the users convenience only and the user access thereto is at the users own risk.

2.2. When visiting linked sites the user must refer to that linked sites individual terms of use and can not rely on the terms of this agreement.

3. Submissions / bulletin boards

3.1. Any submissions, shall be deemed to be and remain the exclusive property of Smile 90.4FM. The various forums content, which are found on the Smile 90.4FM site, shall be deemed to remain the exclusive property of Smile 90.4FM.

3.2. Snile 90.4FM has the right, but not the obligation to monitor and review submissions submitted by users, in the forums. Smile 90.4FM shall not be responsible for any of the content of these messages. Smile 90.4FM further reserves the right, to delete, move or edit submissions that Smile 90.4FM , in its exclusive discretion, deems abusive, defamatory, obscene or in violation of any Copyright or Trademark laws or otherwise objectionable.

4. Rules of conduct for the user

4.1. The user with the inclusion of but not the limitation of, agrees that they will not transmit submissions to the Smile 90.4FM site that;
4.1.1. Use any of the forums for illegal purposes;
4.1.2. Are for purpose of spamming;
4.1.3. Restrict or inhibit any other user from using and enjoying the forums;
4.1.4. Are unlawful, threatening, abusive, defamatory, obscene, vulgar, profane pornographic and/or allow for indecent information that constitutes a criminal offence and/or gives rise to a civil liability claim or otherwise violates any local, national or international law;
4.1.5. Violate the Copyright, Trademark or other Intellectual property rights of any other person by the submission of the content to the Smile 90.4FM site through the forums or other avenues, which allow for such submissions. The user by the transmission of content in any manner whatsoever, represents to Smile 90.4FM that they are the rightful owner of such content transmitted or that the user has obtained permission from the rightful owners to submit such content transmitted;
4.1.6. Contain viruses or other harmful contents;
4.1.7. Are intended for commercial purposes, contain marketing or promotional materials or are intended to solicit donations.

The user agrees that all submission become the exclusive property of Smile 90.4FM . The user agrees that they shall be solely liable for any damage resulting from any infringement of Copyrights, Trademarks and other proprietary rights or any other damages resulting from such a submission. The user further indemnifies and holds Smile 90.4FM harmless against all claims for any damages whatsoever arising from the use of the Smile 90.4FM site.

5. Damages, Warranty, Indemnity

5.1. The user expressly agrees that the use of the Smile 90.4FM site is at the users sole risk. Smile 90.4FM does not guarantee or warrant;
5.1.1. that the Smile 90.4FM site will be uninterrupted;
5.1.2. that the Smile 90.4FM site will be default free and that the defects will be corrected;
5.1.3. that the results that may be obtained from the use or application from information gained from the Smile 90.4FM site in so far as accuracy and content of any such information is concerned;
5.1.4. any merchandise provided through the Smile 90.4FM site.

5.2. These sites are provided “AS IS” and on an “IS AVAILABLE” basis, without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to warranties of satisfactory quality, non- infringement, title, security and compatibility.

5.3. The user acknowledges and confirms the Smile 90.4FM indemnity to, including but not limited to, indirect, direct, incidental, special, consequential or punitive damages arising from the use of or inability to use the Smile 90.4FM site. The user acknowledges that the provisions of this paragraph shall apply to all the contents of the Smile 90.4FM site.

5.4. The disclaimer of liability applies to damages or injury, including but not limited to, indirect, direct, incidental, special, consequential or punitive damages or any damages whatsoever arising from use or loss of use of data or of profits, whether in breach of contract, tortious action, negligence, or under any other cause of action.

5.5. If any of the terms and conditions of this agreement should be deemed to be unlawful, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms and conditions are intended to be effective than to the extent only and within the jurisdiction in which that term and condition is illegal, invalid or unenforceable, it shall be severed and deleted from this agreement and the remaining terms and conditions shall survive, remain in full force and effect and continue to be binding and enforceable.

6. General

6.1. This agreement, the terms, conditions and operating rules for the Smile 90.4FM site, constitute the entire agreement between the parties with respect to the subject matter hereof. The agreement and the terms and conditions shall be governed and construed in accordance with the laws of the Republic of South Africa. Any dispute arising here from shall be exclusively subject to the jurisdiction of the courts and/or Tribunals of the Republic of South Africa. The section headings used herein are for convenience only and shall be of no legal consequence.

6.2. Smile 90.4FM may at any time revise these terms and conditions by updating the postings. The user is bound by such revisions and should therefore periodically visit this agreement to review the then current terms and conditions to which the user is bound.

6.3. Smile 90.4FM shall have the exclusive right to at any time change or discontinue any aspect or feature of the Smile 90.4FM site.

7. Agreement to and termination of agreement

7.1. The use of or access to these sites constitutes the users acceptance of terms and conditions hereof, which are binding on the user and take effect on a date which the user first makes use of, or access to the Smile 90.4FM site.

7.2. If the user does not accept all the terms and conditions in full, the user must exit the site immediately. Smile 90.4FM has the exclusive discretion to terminate the agreement at any time.

7.3. After the user has exited the site as aforesaid the user must destroy all content, whether materials or software, obtained from the site and all copies thereof.

7.4. In the event of the user failing to exit the site as aforesaid, Smile 90.4FM has the right to claim any indirect, direct, incidental, special or punitive damages caused to Smile 90.4FM from the users unauthorized access and/or use of the Smile 90.4FM site. The user further indemnifies Smile 90.4FM against any claims for damages of whatsoever nature caused to another party by the users unauthorized use and/or access of the site.