Disclaimer

Southern Sun Limited Terms and Conditions - Legal Notices

By using this website, you are deemed to have familiarised yourself with the terms and conditions of using the website.

Please read the terms and conditions carefully before using this website.

Updated: 28 February 2023

Terms of Use

Your use of this site, which is owned and/or administered by Southern Sun Limited, its subsidiaries, affiliates and related entities (“Southern Sun”) is strictly in terms of these conditions.

Southern Sun website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Southern Sun website constitutes your agreement to all such terms, conditions, and notices.

Modification of these Terms and Conditions

Southern Sun reserves the right to change the terms, conditions, and notices under which the Southern Sun website is offered, including but not limited to the charges associated with the use of the Southern Sun website without prior notice.

By accessing and using this site, you agree to be bound by the terms and conditions set out below. If you do not wish to be bound, do not proceed to make use of the site in any manner whatsoever.

Amendments will be posted on the site at this address and will be effective immediately. Your continued use of the site after the posting of amendments will constitute your agreement to be bound by the amended conditions.

Copyrights and Trademarks

Southern Sun or its licensors are the owners of all intellectual property rights, including without limitation, copyright, trademark rights in Southern Sun and related services and products which distinguish it from others and any other trademarks and all content appearing on this site. The copying or conversion of any of this site’s contents without the express written permission of the right holder is prohibited. Southern Sun will only consider properly motivated written or e-mail applications for consent to use its intellectual property rights and may give or withhold permission in its sole and absolute discretion and subject to such conditions as it chooses. You may request permission by submitting your query to Southern Sun.

Disclaimer

Whilst Southern Sun takes reasonable care to ensure that the information on the site is correct and up to date, users of the site should not assume that this will invariably be the case. Southern Sun does not give any warranties as to the accuracy, timeliness, validity and safety of any information appearing on the site.

Southern Sun will not be liable for any loss or damage directly or indirectly caused by your use of, or inability to use, this site. It is advised that this site makes use of flash functionality and image transition which may be concerning to some users. In addition, Southern Sun shall not be liable for any damage or loss caused by information changes, deletions, site suspension or discontinuation, or for any errors or reliance upon any information contained on this site.

Southern Sun reserves the right to change or delete any of the site contents without prior notice and may suspend or discontinue the whole or any part of this site at its sole and absolute discretion. Southern Sun does not guarantee that any data or files downloaded or accessed through the site are free of worms, viruses, Trojan horses or other code that is contaminating or destructive.

Accordingly, you download or access data, files, software on the site at your own risk.

The owners, directors, managers, employees and representatives of Southern Sun shall accept no liability for any loss or damage of any nature whatsoever (whether it be direct, indirect or consequential), which the user suffers arising from or in connection with the information made available on this site, and any actions resulting there from.

Monitoring

Although Southern Sun does not always monitor your use of the site, including e-mail, it reserves the right to do so, and you hereby consent thereto.

Acceptable Use

You agree to act responsibly when using this site. Your use of the site may not be for any purpose that may be illegal in South Africa or within the jurisdiction from which you are accessing the site. You may not introduce viruses or malicious code or any other code with destructive or contaminating properties or anything of a nature which may damage, place unreasonable burdens on, or interfere with, the operation of the site or the systems on which it runs, nor may you attempt to gain access to any restricted areas of the site without the express written permission of Southern Sun.

You may not collect any information about other users of the site without their express written consent.

Links to Other Websites

This site may contain links to third party websites. These sites are independently managed and maintained by such third parties, their representatives and/or individuals. Southern Sun does not control those linked sites.

Southern Sun has no responsibility for any loss or damage caused by using any websites that are linked to our site and you use such websites at your own discretion and risk. Please note that other websites may contain sexually explicit, violent, racist or any other types of material which are objectionable or which may be offensive, user discretion is advised.

Additionally, these links do not suggest that Southern Sun holds any special affiliations or associations with the third parties, their representatives and/or individuals which own, manage, maintain, advertise on or link to these sites.

Applicable Law and Jurisdiction

You agree that all matters governing your use of the site shall be governed by South African Law. You also agree that all claims arising out of the use of the site will be heard in South Africa and you consent to the jurisdiction of the South African Courts.

If you have accessed this site from outside of South Africa, it is your responsibility to ensure that you comply with the relevant laws of your jurisdiction and you warrant that you are familiar with such laws.

No Unlawful or Prohibited Use

As a condition of your use of the Southern Sun website, you warrant to Southern Sun that you will not use Southern Sun website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use Southern Sun website in any manner which could damage, disable, overburden, or impair Southern Sun website or interfere with any other party's use and enjoyment of Southern Sun website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Southern Sun website.

Use of Communication Services

Southern Sun website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
• Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
• Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
• Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
• Conduct or forward surveys, contests, pyramid schemes or chain letters.
• Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
• Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
• Restrict or inhibit any other user from using and enjoying the Communication Services.
• Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
• Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
• Violate any applicable laws or regulations.

Southern Sun has no obligation to monitor the Communication Services. However, Southern Sun reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Southern Sun reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Southern Sun reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Southern Sun sole discretion.

Always use caution when giving out any personally identifying information about yourself or your next of kin in any Communication Service. Southern Sun does not control or endorse the content, messages or information found in any Communication Service and, therefore, Southern Sun specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and Hosts of the Communication Services are not authorized Southern Sun spokespersons, and their views do not necessarily reflect those of Southern Sun.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

Email Communications

Email communications from Southern Sun, are intended for the designated recipient(s) only, and may be confidential, non-public and proprietary to the business entities operated by Southern Sun. Unauthorised reading, distribution, copying, editing or other use of this communication is prohibited, may be unlawful and may lead to civil liability. Southern Sun reserves the right to verify the content of an email when presented by the recipient to ensure its validity. Receipt by anyone other than the intended recipient(s) should not be deemed a waiver of any privilege or protection. If you are not the intended recipient or if you believe that you have received this email in error, please notify the sender immediately and delete all copies from your computer system without reading, saving, distributing or using it in any manner. Although it has been checked for viruses and other malicious software (malware), we do not warrant, represent or guarantee in any way that these communications are free of malware or potentially damaging defects. All liability for any actual or alleged loss, damage, or injury arising out of or resulting in any way from the receipt, opening or use of this email is expressly disclaimed. Content included may be subject to unintentional errors or omissions (E&OE). Southern Sun shall not be held liable for any such errors or omissions and reserves the right to amend, update, or correct any information as necessary. The disclaimer applies to all email communications and any attachments.

Liability Disclaimer

The information, software, products, and services included in or available through the Southern Sun website may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Southern Sun and/or its suppliers may make improvements and/or changes in the Southern Sun website at any time. Advice received via the Southern Sun website should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.

Southern Sun and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the Southern Sun website for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided "as is" without warranty or condition of any kind. Southern Sun and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.

To the maximum extent permitted by applicable law, in no event shall Southern Sun and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Southern Sun website, with the delay or inability to use the Southern Sun website or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Southern Sun website, or otherwise arising out of the use of Southern Sun website, whether based on contract, tort, negligence, strict liability or otherwise, even if Southern Sun or any of its suppliers has been advised of the possibility of damages.

If you are dissatisfied with any portion of the Southern Sun website, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the Southern Sun website.

Termination / Access Restriction

Southern Sun reserves the right, in its sole discretion, to terminate your access to the Southern Sun website and the related services or any portion thereof at any time, without notice.

Copyright Notice

All contents of the Southern Sun website are: Copyright © 2019 Southern Sun and/or its suppliers. All rights reserved.