"user" a person who uses and/or accesses computer Software and/or material via The Pavilion Shopping Centre website;
"The Pavilion Shopping Centre" This Website, its sponsors, affiliates and creators;
"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;
"submissions" Including but not limited to notes, images, creative materials, ideas, suggestions, concepts, communication, including any data, questions, comments and other information submitted to The Pavilion Shopping Centre site via transmission by electronic mail or otherwise;
"forums", Including but not limited to bulletin boards, chatrooms and other public areas found on The Pavilion Shopping Centre site;
In this agreement, unless it appears to the contrary, the singular shall include the plural and vice versa; any reference to any gender shall also include the opposite gender, and any reference to a natural person shall include a legal person and vice versa.
TRADEMARK / COPYRIGHTS AND RESTRICTIONS ON USE
The Pavilion Shopping Centre consists of content derived entirely or in part from content supplied by The Pavilion Shopping Centre and other sources. The said contents are protected under applicable South African Copyright and Trademark Laws, International Trademarks and Copyright Laws and conventions.
The user 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 content, 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; and provided that all propriety notices and restrictions attached to the content are kept intact unless expressly permitted by the site, or unless prior written consent from The Pavilion Shopping Centre has been obtained. Requests for permission regarding any issue relating to the content which falls into the ambit of the limitations stated above can be made by contacting The Pavilion Shopping Centre contact person listed.
The user is also strictly prohibited from creating works and/or software materials derived from or 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.
ACCESS AND AVAILABILITY OF SERVICE AND LINKS
SUBMISSIONS / BULLETIN BOARDS / FORUMS / BLOGS / USER GENERATED CONTENT
Any submissions shall be deemed to be and remain the exclusive property of The Pavilion Shopping Centre. The various forms of content, which are found on The Pavilion Shopping Centre site, shall be deemed to remain the exclusive property of The Pavilion Shopping Centre.
The Pavilion Shopping Centre has the right, but not the obligation, to monitor and review submissions submitted by users. The Pavilion Shopping Centre shall not be responsible for any of the content of these messages.
The Pavilion Shopping Centre further reserves the right to delete, move or edit submissions that The Pavilion Shopping Centre, in its exclusive discretion, deems abusive, defamatory, obscene or in violation of any Copyright or Trademark laws or otherwise objectionable.
RULES OF CONDUCT FOR THE USER
The user, with the inclusion of but not the limitation of, agrees that they will not transmit submissions to The Pavilion Shopping Centre that;
The user agrees that all submissions become the exclusive property of The Pavilion Shopping Centre. 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 The Pavilion Shopping Centre harmless against all claims for any damages whatsoever arising from the use of The Pavilion Shopping Centre.
DAMAGES, WARRANTY, INDEMNITY
The user expressly agrees that the use of The Pavilion Shopping Centre is at the user’s sole risk. The Pavilion Shopping Centre does not guarantee or warrant;
This site is 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.
The user acknowledges and confirms The Pavilion Shopping Centre 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 Pavilion Shopping Centre. The user acknowledges that the provisions of this paragraph shall apply to all the contents of The Pavilion Shopping Centre.
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.
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 are 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.
This agreement, the terms, conditions, and operating rules for The Pavilion Shopping Centre 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 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.
The Pavilion Shopping Centre may revise these terms and conditions by updating the postings at any time. 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.
The Pavilion Shopping Centre shall have the exclusive right to change or discontinue any aspect or feature of The Pavilion Shopping Centre at any time.
AGREEMENT TO AND TERMINATION OF AGREEMENT
The use of or access to this site constitutes the user's 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 Pavilion Shopping Centre.
If the user does not accept all the terms and conditions in full, the user must exit the site immediately. The Pavilion Shopping Centre has the exclusive discretion to terminate the agreement at any time.
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.