Cuppa For CANSA Website Terms and Conditions of Use

Revised 23 July 2020

These terms and conditions listed below are the general terms and conditions that govern the use of this website, as well as access to the content, services and information offered on this site.

Any user who continues to use and or participate on this website tacitly accepts to be bound by the general terms and conditions as applied at the time of the user’s access.

Kindly carefully peruse the relevant terms and conditions before you proceed.

CANSA reserves the right to change any of these terms and conditions at any time and without notice to any users thereof and therefore requests that all users ensure that you consult the most recent version of the terms and conditions every time you visit this website.

In the event you do not wish to be bound by these terms and conditions please exit this website.

A copy of the ECT Act may be downloaded from: https://www.gov.za/documents/electronic-communications-and-transactions-act
(herein referred to as the “ECT Act”)

User Agreement – General Terms and Conditions:

Definitions and Interpretation

a) References herein to User(s) means any person who access the Cancer Association of South Africa’s (“Cuppa For CANSA”) website, notwithstanding the fact that such a person only visited the home page of the website; and

b) References herein to the singular includes the plural and the reversed will apply; and

c) These terms and conditions contain hyperlinks to copyright notices and legislation. If you find any of these hyperlinks are not working please contact us on info@cansa.org.za to obtain copies of the relevant copyright notices and / or legislation (herein referred to as “the relevant information”). It is important to do so, as the relevant information is deemed to be incorporated in the terms and conditions as set out below.

1. General

The mission of CANSA is to substantially reduce the impact of cancer by promoting health in all communities within South Africa, through advocacy and the sustainable facilitation of research, early detection and care.

2. Allowed Use and License

2.1 CANSA licenses the User to view, copy, download and print the content of the Cuppa For CANSA website, provided that:

2.1.1 such content is used for personal, education and / or non- commercial purposes only; and

2.1.2 any reproduction of content from the Cuppa For CANSA website includes the copyright notice as reflected in the footer of the Cuppa For CANSA home page; and

2.1.3 any use will not be done in such a way that same constitutes an infringement of CANSA’s intellectual property rights.”

2.2 As an option, users may register (herein referred to as “registered users”) and post comments, provide more personalised information, or share their point of view (herein referred to as “the service”). Registered users are fully responsible for all activities that occur under their names and indemnify CANSA from any liability which might be incurred by such user due to any comment and or use of this platform, see clause 3 hereof for more information on registered users.

2.3 Content from the Cuppa For CANSA website will not be used or exploited for any commercial and non-private purposes without the prior written consent of CANSA.

2.4 Use of content from the Cuppa For CANSA website in electronic clipping services or personalised news services will only be permitted if such electronic clipping service or personalised news service:

2.4.1 does not copy any part of an article and or the whole article as it appears on the Cuppa For CANSA website, but only provide a short summary of the contents of the article;

2.4.2 acknowledges CANSA as the source of the content;

2.4.3 provides a correct and working hyperlink to the source of the content or article on the Cuppa For CANSA website;

2.4.4 includes the date upon which the content was sourced from the Cuppa For CANSA website in the summary of the content;

2.4.5 if the summary accurately and fairly portrays the content and is not misleading in any way.

2.5 If any User uses content from the Cuppa For CANSA website in breach of the provisions detailed herein:

2.5.1 CANSA reserves the right to claim damages from such User; and / or bring an application for an interdict against such User; and

2.5.2 CANSA reserves the right to institute civil and / or criminal proceedings against the User; and

2.5.3 In the event CANSA is forced to institute legal action against any User, the User agrees that CANSA may claim any and all legal costs from such User on attorney and client scale.

2.6 CANSA will not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of the content and or articles obtained from this website by any User and / or third party.

2.7 Users may quote small and reasonable amounts of content available from the Cuppa For CANSA website only if such quote is placed in inverted commas, the author is acknowledged and a hyperlink to the source of the content and or article is provided as a footnote to such quote.

2.8 Apart from bona-fide search engine operators and use of the search facility provided on the Cuppa For CANSA website by Users, no person may use or attempt to use any technology or applications (including web crawlers or web spiders) or through any automated, deceptive, fraudulent or other invalid means, including but not limited to the use of robots or other automated query tools and / or computer generated search requests to search or copy content from the Cuppa For CANSA website for any purposes, without the prior written consent of CANSA.

2.9 All licenses and / or permissions granted in terms of this clause 2 are provided on a non-exclusive and non-transferable basis and may be terminated or cancelled by CANSA at any time.

3. Registered User Conduct

3.1 All information, data, text, photographs, graphics, messages, or other materials (collectively herein referred to as “the content”) publicly posted by a registered user is the sole responsibility of the registered user. This means that the registered user, and not CANSA, bears all risks and liabilities for all content that the registered user uploads, posts, emails, transmits, or otherwise makes available via the service.

3.2 The registered user agrees not to use the service to:

3.2.1 upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (collectively herein referred to as “the rights”) of any party;

3.2.2 upload, post, email, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation. (Posting the same note more than once can be considered “spam” or “spamming”);

3.2.3 upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

3.2.4 upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, if legally or otherwise objectionable;

3.2.5 impersonate any person or entity, including, but not limited to, a CANSA official, former leader, guide or post, or falsely state or otherwise misrepresent his affiliation with a person or entity;

3.2.6 forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through this service;

3.2.7 disrupt the normal flow of dialogue, cause the screen to “scroll” faster than other users of the service are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in the real time exchanges;

3.2.8 intentionally or unintentionally violate any applicable local, state, national or international law;

3.2.9 “stalk” or otherwise harass another person and or entity;

3.2.10 harvest or otherwise collect or store personal information about other users.

3.3 The registered user acknowledges that CANSA and its designee’s will have the right (but not the obligation) in their sole discretion to refuse, move, edit or delete any content that is publicised via this service by any registered user regardless of whether such communications violate these terms and conditions;

3.4 registered users agree that it is their responsibility to ensure the accuracy, completeness, or usefulness of any information publicised on this platform.

3.5 Registered users acknowledge and agree that CANSA may disclose content if required to do so by law or in the good faith believes that such disclosure is reasonably necessary to:

3.5.1 comply with any legal process; and / or

3.5.2 enforce this agreement; and / or

3.5.3 respond to claims that any content violates the rights of third parties; and / or

3.5.4 protect the rights, property or personal safety of CANSA, its users and the public.

4. User Submissions

4.1 The registered user agrees that by adding content to this website that:

4.1.1 such content will vest in the public domain and not be considered to be confidential information;

4.1.2 become the property of CANSA;

4.1.3 CANSA may use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display the communication or content in any media or medium, or any form, format or forum now known or hereafter developed such content as it deems fit.

5. Modifications and Termination of the Service

5.1 The registered user agrees that:

5.1.1 CANSA may at any time modify or discontinue, temporarily or permanently, the service (or any part thereof) without notice to the registered users; and

5.1.2 CANSA , in its sole discretion, may terminate the registered user’s password, registration or use of this service and remove and discard any content within the service for any reason, including but not limited to for lack of use and/or in the event CANSA believes that the registered user has violated or acted inconsistently with the letter or spirit of this agreement without notice to the registered users.

6. Intellectual Property Rights and Domain Name Use

6.1 CANSA is the owner alternatively bone fide possessor of all intellectual property on this website, including but not limited to content, design elements, software, databases, text, graphics, icons and hyperlinks (herein referred to as “CANSA’s property”).

6.2 CANSA’s property is protected from infringement by domestic and international legislation and treaties and as such all rights to intellectual property on the Cuppa For CANSA website are expressly reserved.

6.3 “CANSA” is a registered trademark and users agree not to use the CANSA trademark or the “Cuppa For CANSA” mark as an element of a domain name or sub domain name and upon request to do so, a user will immediately cease to use such domain name.

7. Disclosures Required by Section 43 of the ECT Act

Access to the services and content available from this website is classified as “electronic transactions” in terms of the ECT Act and therefore users have the rights detailed in Chapter 7 of the Act and CANSA has the duty to disclose the following information:

7.1 The full name and legal status of the website owner: CANSA, Reg. No. 1932/003720/08; NPO No. 000-524;

7.2 Street address and address for service of legal documents: 26 Concorde Road West, Bedfordview, 2007, South Africa;

7.3 Postal address: PO Box 2121, Bedfordview, 2008, South Africa;

7.4 The website address of the Cuppa For CANSA website is https://cuppa.org.za/; email: info@cansa.org.za.

7.5 Management information of CANSA is available from: https://cansa.org.za/cansas-governance-and-people/

7.6 User may lodge complaints concerning the Cuppa For CANSA website with CANSA.

8. Changes and Amendments

8.1 CANSA expressly reserves the right, in its sole and absolute discretion, to do any of the following, at any time without prior notice:

8.1.1 change these terms and conditions; and / or

8.1.2 change the content and / or services available from this website; and / or

8.1.3 discontinue any of the services available on this website; and / or

8.1.4 change the software and hardware required to access and use this website.

8.2 If CANSA changes these terms and conditions, it will post notice of these changes and the date they become effective, within the current terms and conditions.

8.3 Users acknowledge that CANSA may establish general practices and limit the use of its website, including but not limited to

8.3.1 the maximum number of days that email messages, message board postings or other uploaded content is retained by the website;

8.3.2 the maximum number of emails that can be sent or received by a registered user;

8.3.3 the maximum disk space allotted on servers for a registered user;

8.3.4 the maximum duration for which a registered user may have access to the website in a given period of time; and

8.3.5 CANSA has no responsibility or liability for the failure to store and / or for deleting any messages or comments or postings and other communications or other content maintained or transmitted by the Cuppa For CANSA website servers.

8.4 CANSA reserves the right to change these general practices at any time with or without notice.

9. Privacy

9.1 CANSA will take all reasonable steps to protect the personal information of users.

9.2 The users agree that CANSA may electronically collect, store and use the following personal information of users:

9.2.1 name and surname;

9.2.2 contact numbers;

9.2.3 e-mail address;

9.2.4 user selected password.

9.3 CANSA collects, stores and uses the abovementioned information for the following, but not limited to, purposes:

9.3.1 to communicate requested information to the user;

9.3.2 to provide the user with access to restricted pages on this website;

9.3.3 to inform the user about events from CANSA.

9.4 The information detailed above is collected electronically and is provided voluntary by the user.

9.5 The user may elect not to receive any communications from CANSA. The user can do so by:

9.5.1 unsubscribing to the receipt of communication by using the unsubscribe link that is placed on each e-newsletter.

9.6 CANSA reserves the right to collect, maintain, save, compile, share, disclose and sell any information collected from users, subject to the following provisions:

9.6.1 CANSA will not disclose personal information from users unless the user consent’s thereto at the time of registration;

9.6.2 CANSA will disclose personal information without the user’s consent only through due legal process.

10. Hyperlinks to Third Party Sites

10.1 CANSA may provide hyperlinks to websites not controlled by CANSA and such links does not imply any endorsement, agreement with or support of the content of such target sites.

10.2 CANSA does not editorially control the content on such target sites and will not be liable, in any manner whatsoever, for the access to, inability to access or content available on or through such target sites.

11. Security

11.1 CANSA will take reasonable steps to secure the content of the website however do not make any warranties or representations that the content will be 100% safe and secure.

11.2 CANSA is under no legal duty to encrypt any content or communications from and to this website and is further under no legal duty to provide digital authentication of any page on this website.

11.3 Users may not deliver or attempt to deliver, whether on purpose or negligently, any damaging code such as computer viruses, to this website or the server and computer network that support this website.

11.4 Notwithstanding criminal prosecution, any person who delivers any damaging code to this website, whether on purpose or negligently, will, without any limitation, indemnify and hold CANSA harmless against any and all liability, damages and losses CANSA and its partners / affiliates may suffer as a result of such damaging code.

12. Disclaimer and Limitation of Liability

12.1 Subject to the provisions of sections 43(5) and 43(6) of the ECT Act, if applicable, and as far as allowed by law, CANSA (including its owners, employees, suppliers, network operators, partners, affiliates and agents) will not be liable for any damage, loss or liability of whatsoever nature incurred by whomever and resulting from:

12.1.1 access to this website;

12.1.2 access to websites linked to this website;

12.1.3 inability to access this website;

12.1.4 inability to access websites linked to this website;

12.1.5 content available on this website;

12.1.6 services available from this website;

12.1.7 any other reason not directly related to CANSA’s gross negligence.

12.2 This website is supplied on an “as is” basis and has not been compiled to meet the user’s individual requirements.

12.3 No information given on this website is to be seen and or construed by any user as medical advice. This website content should not be relied upon as a substitute for consultations with qualified health professionals who are familiar with the user’s individual medical needs.

12.4 It is the responsibility of the user to satisfy himself or herself whether this website is compatible with the User’s computer hardware and / or software.

12.5 Information, ideas and opinions expressed on the Cuppa For CANSA website should not be regarded as professional advice. Users are encouraged to consult professional advice before taking any course of action.

12.6 CANSA will take reasonable steps to ensure the quality and accuracy of content available from this website but do not guarantee that the content and services available from this website will in all cases be true, correct and complete, current or free from any errors.

12.7 CANSA do not guarantee that this website will be available at all times. Users acknowledge that this website may be unavailable due to updates or other causes beyond the reasonable control of CANSA, including, but not limited to virus infection, power failure or other “acts of God”.

13. Removal and Correction of Content

Users are encouraged to report untrue, inaccurate, defamatory, illegal, infringing and / or harmful content available from this website to CANSA and CANSA undertakes to correct and / or remove such content or any part thereof if the person reporting such content provided reasonable grounds to prove the alleged nature of the content.

14. Interception of Communications

14.1 The user agrees (and consents) in terms of Chapter 2, Part 1 section 5 of the Regulation of Interception of Communications and Provision of Communication-Related Information (RIC) Act 70 of 2002 to CANSA intercepting, blocking, filtering, reading, deleting, disclosing and using all communications send by the user to the website or CANSA’s staff and employees as CANSA deems appropriate.

14.2 The user agrees and acknowledges that the consent provided by the user in clause 14.1 above constitutes consent in “writing” as required in terms of the RIC Act and contemplated in terms of section 12 of the ECT Act.

15. Applicable and Governing Law

The Cuppa For CANSA website is hosted, controlled and operated from the Republic of South Africa and therefore the South African law enforced by the South African courts governs the use or inability to use the Cuppa For CANSA website, its content, services and these terms and conditions.

16. Legal Costs

16.1 CANSA will not be liable for costs incurred by users to obtain professional advice relating to these terms and conditions.

16.2 Should CANSA take any legal steps against the User as result of breach of contract, the User will be liable for payment of the legal costs of such legal steps on an attorney and own client scale.

17. Prohibited Uses

The user will not authorize or encourage any third party to:

17.1 edit, modify, filter, truncate or change the order of the information contained on the Cuppa For CANSA website:

17.1.1 engage in any action or practice that reflects poorly on CANSA or otherwise disparages or devalues CANSA’s reputation or goodwill; and/or

17.1.2 use or extract any information on the website for marketing purposes without the prior written approval of CANSA.

17.2 The user acknowledges that any attempted participation or violation of the foregoing is a material breach of this agreement.

18. Online Shopping Terms

These online shopping terms and conditions apply to all purchases ordered online under the e-shop function on this website.

18.1 All products displayed on the website are subject to availability;

18.2 CANSA reserves the right to discontinue or change the specifications of its products and services from time to time without notice.

18.3 Payment may be made by credit card or by electronic transfer of funds.

18.4 CANSA cannot always guarantee availability of stock. In the event CANSA is unable to supply all items ordered or the quantities of such product/s ordered, the purchaser nevertheless agrees to accept delivery and make payment for the items delivered.

18.5 Orders placed online constitute the purchaser’s offer to purchase subject to these terms. The purchaser’s offer is deemed to have been accepted by CANSA when the confirmation of the order is sent to the elected email address of the person who placed such order.

18.6 The risk in and to the products will pass to the purchaser and or his representative, on delivery of the product. CANSA will retain ownership in the products until payment in terms of each order has been received in full.

18.7 The purchaser undertakes not to use the products purchased through this website for any illegal or unlawful purposes or in contravention of any law, bylaw or regulation.

18.8 The purchaser undertakes not to use the products in such a way that it constitutes a contravention of the intellectual property which CANSA holds in relation to all Cuppa For CANSA events.

18.9 The purchaser undertakes not to dispose of the products to third parties or otherwise, under circumstances where the intent is to host events which would constitute an infringement of the intellectual property rights of CANSA.

18.10 The products or sold “voetstoots” and CANSA will not be held liable for any latent defects.

18.11 The purchaser hereby indemnifies CANSA against any liability for any damages or harm caused as a result of the use of the products by the purchaser or any other third person.

19. Entire Agreement and Severability

19.1 These terms and conditions constitute the entire agreement between CANSA and the user and will take precedent over any disclaimers and / or legal notices attached to any communications and / or postings received by CANSA from the user.

19.2 Any delay or failure by CANSA to exercise or enforce any right or provision will in no way constitute a waiver of such right or provision.

19.3 In the event that any term or condition detailed herein is found unenforceable or invalid for any reason, such term(s) or condition(s) will be severable from the remaining terms and conditions. The remaining terms and conditions will remain enforceable and applicable.