Terms and Conditions of Use
ACCESS TO AND USE OF THE QUI MEDIA WEBSITE ("SITE") IS PROVIDED BY QUI MEDIA (PTY) LIMITED (TOGETHER "WE", "US", "OUR") SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS.
BY USING THIS SITE YOU AGREE TO COMPLY WITH AND BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS AND CONDITIONS, YOU MUST EXIT THIS SITE NOW. WE RESERVE THE RIGHT TO CHANGE THESE TERMS AND CONDITIONS AT ANY TIME BY POSTING CHANGES ONLINE. YOU ARE RESPONSIBLE FOR REVIEWING REGULARLY INFORMATION POSTED ONLINE TO OBTAIN TIMELY NOTICE OF ANY SUCH CHANGES. BY USING THIS SITE AFTER ANY SUCH CHANGES YOU AGREE TO COMPLY WITH, AND BE BOUND BY, THE TERMS AND CONDITIONS AS CHANGED.
1. OWNERSHIP:
This site, and all information contained on this site, are owned solely by Qui Media (Pty) Limited. This site and the materials contained in it are copyrighted and are protected by international copyright laws. Copyright © Qui Media (Pty) Limited, All Rights Reserved. You acknowledge that we own the intellectual property rights in and to this site, and all services contained herein, and that the unauthorised use thereof is expressly prohibited. The words or marks "Qui Media", "Welcome to our online" and "WHAT2NIGHT.CO.ZA", however represented, including stylised representation, all associated logos and symbols and combinations of any of the aforegoing with another word or mark, used on this site, are one of our trademarks. We will protect our intellectual property rights to the full extent of the law. ANY PERSON, PERSONS OR ENTITY THAT INFRINGES ON OUR INTELECTUAL PROPERTY WILL BE PROSECUTED AND HELD LIABLE FOR ANY SUCH INFRINGEMENTS TO THE MAXIMUM EXTENT PERMITTED BY LAW.
2. LIMITED LICENCE:
We hereby authorise you to view materials published by us on this site solely for personal and non-commercial use. No other use of the information is authorized without prior written permission from us. Without limitation of the foregoing, and in consideration of this authorization, the materials may not be used in any unauthorized manner. Text or graphic material (collectively, the “Materials") shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium. Neither these Materials nor any portion thereof may be stored in a computer except for personal and non-commercial use.
3. TERMINATION AND VARIATION OF SERVICES:
We may change, suspend or discontinue any aspect of the site at any time, including the availability of any site feature, database, service or content. We may also impose limits on certain features and services or restrict your access to parts or the entire site without notice or liability.
4. LINKING:
The site may contain links and pointers to other World Wide Websites and resources. Links to and from the site to other Websites maintained by third parties, do not constitute an endorsement by us or any of our affiliates of any third party Web site or content. We are not responsible for the availability of these third party resources or their contents. You should direct any concerns regarding any external link to its Website administrator or Webmaster.
5. DISCLAIMER OF WARRANTIES:
5.1. USE OF THE SITE AND THE SERVICES, ARE AT YOUR EXCLUSIVE RISK, AND THE RISK OF INJURY FROM THE FOREGOING RESTS EXCLUSIVELY WITH YOU.
5.2. EXCEPT FOR ANY WARRANTIES THAT MAY BE EXPRESSLY PROVIDED BY THE APPLICABLE VENDOR, THE SITE, INCLUDING, BUT NOT LIMITED TO ALL SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
5.3. WE DO NOT WARRANT THAT: (1) THE SITE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; (2) DEFECTS OR ERRORS IN THE SITE OR SERVICES WILL BE CORRECTED; (3) THE SITE OR THE SERVICES WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; OR (4) ANY INFORMATION CONTAINED IN THE SITE, OR THE SERVICES WILL BE ACCURATE OR RELIABLE
6. LIMITATIONS ON LIABILITY:
IN NO EVENT MAY WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO USE OF OR INABILITY TO USE THE WEBSITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE LIABILITY OF US IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
7. INDEMNIFICATION:
You hereby agree to indemnify and hold us. - and our respective shareholders, members, directors, officers, employees, agents and representatives - harmless from all claims, liabilities, damages and expenses (including attorneys' fees and expenses) arising out of or relating to: (A) your use of the site or (B) any alleged breach of this Agreement by you.
8. TERMINATION:
This Agreement may be immediately terminated at any time by us in our sole discretion. In addition and without prejudice to any other remedy available to us and we may immediately terminate this Agreement if you breach any term of this Agreement or other operating term set forth by us.
9. CHOICE OF LAW AND JURISDICTION:
Any controversy that may arise from this agreement will be governed by the South African Law and Court of jurisdiction will be the Court of Pretoria, also for connection and guarantee.
