Welcome to LANCEWOOD's® Cake-Off 2018 website at www.lancewoodcakeoff.co.za ("the Cake-Off website" or "the LANCEWOOD® Cake-Off website").
The aforementioned information falls into two categories:
means an individual appointed by LANCEWOOD® or the Customer to carry out administrative and managerial tasks that control the access and usage by yourself and others of the LANCEWOOD® Cake-Off Services and services ancillary thereto;
means any voluntary, specific and informed expression of will in terms of which permission is given for the processing of personal information, as defined in the Protection of Personal Information Act 4 of 2013;
shall have the meaning set out in clause 15;
1.4 DATA SUBJECT
means the person to whom the personal information relates (can also be the "Customer");
in relation to personal information of a data subject, means to delete any information that identifies the data subject, can be used or manipulated by a reasonably foreseeable method to other information that identifies the data subject;
1.6 ELECTRONIC COMMUNICATION
means any text, voice, and sound or image message sent over an electronic communications network which is stored in the network or in the recipient's terminal equipment until it is collected by the recipient;
1.7 INFORMATION OFFICER
as defined in section 1 of means in relation to a public body, means an information officer as contemplated in terms of section 1 or 17 of POPI, or a private body as contemplated in section 1 of PAIA;
means a person who processes personal information for a responsible party in terms of a contract of mandate, without coming under the direct authority of that party;
means the Promotion to Access of Personal Information Act 2 of 2000;
as defined in Chapter 1 of the Protection of Personal Information Act 4 of 2013;
means the Protection of Personal Information Act 4 of 2013;
means any operation or activity or any set of operations, whether or not by automatic means, concerning personal information, including the collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation or use, dissemination by means of transmission, distribution or making available in any other form or merging, linking (as well as restricting) degradation, erasure or destruction of information;
1.13 RESPONSIBLE PARTY
as defined in Chapter 1 of the Protection of Personal Information Act 4 of 2013;
any applications, software or services made accessible to you through the LANCEWOOD® Cake-off website, including without limitation: (a) Applications (if any); and (b) registering as a Customer on the LANCEWOOD® Cake-Off website to receive our newsletter.
1.15 SUBSCRIBER DATA
means any data or information in any format inputted or uploaded or given to LANCEWOOD® via our website by any person to this agreement other than LANCEWOOD®;
1.16 THIRD PARTY APPLICATIONS
means software or Applications (if any) that can be accessed through our website that are not provided by or operated by LANCEWOOD® or a member of the LANCEWOOD® group of companies;
1.17 USER POLICIES
means a thing or device (including software, code, file or programme) which may prevent and / or impair or otherwise adversely affect the operation of any computer's software and / or hardware or network and / or any telecommunications service, equipment or network or any other service or device and / or prevent, impair or otherwise adversely affect access to or the operation of any programme or data, including the reliability of any programme or data (whether by re-arranging, altering or erasing the programme or data in whole, part or otherwise); or adversely affect the user experience, including worms, Trojan Horses, viruses and other similar things or devices;
5.1 Cookies contain information that is transferred to the computer's hard drive. You as the user can block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. Subject to the aforementioned, if you use your browser settings to block all cookies (including essential cookies) you may find that your use of online services or websites may be impacted or become limited.
5.2.1 Strictly necessary cookies. These are cookies that are required for the operation of the LANCEWOOD® Cake-Off Services. They include, for example, cookies that enable a user to log in on our website.
5.2.2 Analytical/performance cookies. These cookies allow LANCEWOOD® to recognise and count the number of visitors and to see how visitors move around any of the LANCEWOOD® Cake-Off Services when they are using them. This helps LANCEWOOD® to improve the way the LANCEWOOD® Cake-Off Services work, for example, by ensuring that users are finding what they are looking for easily.
5.2.3 Functionality cookies. These are used to recognise a user when returning to the LANCEWOOD® Cake-Off Services. This enable LANCEWOOD® to personalise our content and remember preferences (for example, choice of language and region).
5.4 The user herewith agrees that cookies do not amount to automated decision making in terms of Section 5(g) read with section 71 of POPI.
6.1 Where there is an Administrator overseeing your access to the LANCEWOOD® Cake-Off Service then that administrator may be able to attend to the following:
6.1.1 disclose, restrict, delete or access your Subscriber Data; and
6.1.2 control, amend or remove your access or some of your personal information.
6.2 Any such access or use is outside of LANCEWOOD's® control. Please speak to your administrator about your rights in this regard.
7.1 In terms of POPI, all data processing will only take place as provided for in the act, lawfully and with the consent of the customer / data subject and user. The data processing will take place on the basis that:
7.1.1 the responsible person (LANCEWOOD®) will be held accountable and ensure that all responsibilities are met;
7.1.2 the processing will take place lawfully, reasonably and does not infringe the privacy of the data subject;
7.1.3 the information requested will be minimal;
7.1.4 the necessary consent has been given;
7.1.5 the data is collected directly from the data subject or it has consented for collection from another source;
7.1.6 there is a specific purpose for the information;
7.1.7 the quality of the information has been updated, completed, and is accurate and not misleading;
7.1.8 the necessary notification has been given to the data subject that personal information is being collected; and
7.1.9 the necessary security measures have been taken.
8.1.1 Information given to LANCEWOOD® by yourself. You may give LANCEWOOD® information about yourself when entering the LANCEWOOD ® Cake-Off competition or any LANCEWOOD® Cake-Off Services. This information you give LANCEWOOD® may include your name, email address, telephone number and information, a personal description and photograph, etc.
8.1.2 Information LANCEWOOD® collects about you. With regards to each of your uses of any of the LANCEWOOD® Cake-Off Services, LANCEWOOD® may automatically collect information, including the Internet Protocol (IP) address used to connect your computer to the internet, the most appropriate language to present the LANCEWOOD® Cake-Off Services to you, your browser type and version, time zone setting, browser plug-in types and versions, operating system and platform.
8.1.3 Information LANCEWOOD® receives from other sources. LANCEWOOD® works closely with Third Parties (including, for example, business partners, resellers, sub-contractors in technical, payment and delivery service, advertising networks, analytical providers, search information providers, credit reference agencies and credit bureaus).
8.2 By accepting this Agreement, I consent thereto that LANCEWOOD® is collecting the abovementioned data and I am made aware thereof as provided for in section 5(a)(i) read with section 18 of POPI. Furthermore, I consent that the personal information has been collected directly from myself (the data subject) in terms of Section 12 of POPI and that I consent to the processing of my personal information in terms of section 11(1)(a) read with section 10 and confirm that the information is adequate, relevant and not excessive.
8.3 Further to the above, I consent that the data and / or personal information may be collected from another source, and that in doing so, LANCEWOOD® is not in breach of this agreement or section 12(1) of POPI.
8.4 I also consent that the data collected from myself may be subject to a Trans-border Information Flow in terms of section 72 of POPI.
9.1 You can review, update, correct or delete any of the personal information held included un your entry into the LANCEWOOD® Cake-Off competition by going to appropriate section of the LANCEWOOD® Cake-Off website. In terms of section 24 of POPI you may request the responsible party to correct or delete information which is inaccurate, irrelevant, excessive, out of date, incomplete, misleading or obtained unlawfully.
9.2 LANCEWOOD® confirms herewith that it will maintain all documentation and records of all processing operations (after collection has taken place) under its responsibility as referred to in sections 14 of 51 of PAIA. Further to this, LANCEWOOD® confirms that all practical steps have been taken to ensure that the personal information is complete, accurate, not misleading and updated where necessary.
9.3 LANCEWOOD® will retain your information as it is entitled to do in terms of section 14 of POPI. If your subscription or access to the LANCEWOOD® Cake-Off Services is removed, then except in rare cases where retention of your information is legally necessary (for example to resolve a dispute – see section 14(1)(a- d)), then your information will be deleted from our system within 30 (THIRTY) days. It is, however, possible that backed-up versions of the information might exist for a short time after deletion or for statistical, historical or research purposes, as stated in section 14(2) of POPI.
9.4 The LANCEWOOD® Cake-Off Services are not intended to be an archive or back-up facility. This means that LANCEWOOD® does not back-up or archive specific data that compromises the Subscriber Data or any personal information except where this may be incidental to maintaining LANCEWOOD® Cake-Off Services. If any Subscriber Data or other information is deleted, modified or altered unintentionally, LANCEWOOD® will not have any means of recovering the previous unmodified, unaltered or undeleted version. For that reason we strongly recommended that any Subscriber Data is not stored only through the LANCEWOOD® Cake-Off Services.
9.5 LANCEWOOD® will delete / destroy / de-identify all data / personal information in terms of section 14(4) of POPI as soon as reasonably practicable after LANCEWOOD® is no longer authorised to retain the record in terms of subsection (1) or (2). This destruction will be done so that no reconstruction to an intelligible form cannot take place.
10.1 LANCEWOOD® uses information held about you in the following ways:
10.1.1 Information you provide to LANCEWOOD®, will be used:
10.1.1.1 For carrying out LANCEWOOD's® obligations arising from any contracts entered into between yourself and LANCEWOOD® and to provide you with the information, products and services that you request from LANCEWOOD®;
10.1.1.2 To provide you with information about other goods and services LANCEWOOD® may offer that are similar to those that you have already purchased or enquired about;
10.1.1.3 To notify you about changes in the LANCEWOOD® Cake-Off Services;
10.1.1.4 To ensure that content from the LANCEWOOD® Cake-Off Services is presented in the most effective manner for you and for your computer.
10.1.2 Information LANCEWOOD® collects / receives about you will be used:
10.1.2.1 To administer the LANCEWOOD® Cake-Off Services and for internal operations, such as troubleshooting;
10.1.2.2 To improve the LANCEWOOD® Cake-Off Services to ensure that content is presented in the most effective manner for you and for your computer;
10.1.2.3 To allow you to participate in interactive features at the LANCEWOOD® Cake-Off Services (if any), when you choose to do so;
10.1.2.4 As part of our efforts to keep the LANCEWOOD® Cake-Off Services safe and secure; and
10.1.2.5 LANCEWOOD® will combine information received from other sources with information it already has for the purposes as set out above.
10.2 All use and/or processing of personal information and/or data will be done lawfully and the responsible party will at all times comply with section 4, Chapter 3 (dealing with Conditions for Lawful Processing of Personal Information).
10.3 Further to the above, I confirm that LANCEWOOD® hereby conforms with section 13 of POPI by informing me of the purpose (stated in 11.1 above) for which this data / personal information collection is taking place.
11.1 LANCEWOOD® may share your personal information with any member of its group, which means its subsidiaries, its ultimate holding company and its further subsidiaries, as defined in terms of the Companies Act 71 of 2008.
11.3 LANCEWOOD® may share your information with selected third parties including business partners, suppliers and sub-contractors only where such information sharing is necessary for the purpose of assisting you with any issues you have with the LANCEWOOD® Cake-Off Services when you raise the request for such assistance, as provided for in paragraph 11.
11.4 LANCEWOOD® may disclose your personal information to third parties:
11.4.1 if LANCEWOOD® or substantially all of its assets or any aspect of the LANCEWOOD® Cake-Off Services are acquired by a Third Party, in which case personal data held by LANCEWOOD® about its customers may be one of the transferred assets; or
11.4.2 if LANCEWOOD® is under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our TOU and other User Policies; or to protect the rights, property or safety of LANCEWOOD® or any of the group companies, our customers or other interested parties. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
12.1 All information you provide LANCEWOOD® is stored in encrypted secure servers operated by Digital Ocean. Details of the security at this storage can be provided upon written request.
12.3 Unfortunately, the transmission of information via the internet is not completely secure. Although LANCEWOOD® will do its best to protect your personal information, LANCEWOOD® cannot guarantee the security once it is transmitted to the LANCEWOOD® Cake-Off Services; any transmission is at your own risk. Once LANCEWOOD® has received your personal information, LANCEWOOD® will use strict procedures and security features to try to prevent unauthorised access.
13.1 Whilst LANCEWOOD® does not intend to process your personal information for marketing purposes without your permission (which you have already consented to in terms of paragraph 11.4, you have the right to ask LANCEWOOD® not to process your personal information for marketing purposes. LANCEWOOD® will seek your permission if LANCEWOOD® intends to use your data for such purposes or if LANCEWOOD® intends to disclose your information to any Third Party for such purposes. You can also exercise the right at any time by contacting LANCEWOOD® at email@example.com
13.2 The LANCEWOOD® Cake-Off website may, from time to time, contain links to and from the websites of Third Parties including our partner networks, providers of Third Party Applications and services and affiliates. It also provides you with the opportunity to use, and have access to, Third Party Services. If you follow a link to any of these websites or use any Third Party services, please note that they will have their own Privacy Policies and that LANCEWOOD® does not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data or Subscriber Data to these websites or use the Third Party Services.
14.1 Where you upload, download, input or access any Data through the LANCEWOOD® Cake-Off website that includes any personal data then it is both your and our intention that (as relevant) you and/or the company or person that entered into the agreement through which you have obtained access to the LANCEWOOD® Cake-Off Service ("the Customer") shall be the data controller(s) and LANCEWOOD® shall be a data processor. In any such case you:
14.1.1 shall ensure that you are entitled to transfer the relevant personal data to LANCEWOOD® so that LANCEWOOD® may lawfully use, process and transfer the personal data in accordance with this agreement on your behalf; and
14.1.2 shall ensure that the relevant Third Parties have been informed of, and have been given their consent to such use, processing and transfer as required by all applicable data protection legislation.
14.2 LANCEWOOD® shall process the personal data only in accordance with POPI and the terms of these agreements entered into with the Customer and any lawful instructions reasonably given by the Customer from time to time.
14.3 We shall take appropriate technical and organisational measures against unauthorised or unlawful processing of the personal data or its accidental loss, destruction or damage but shall not be responsible or liable for any steps taken in accordance with any requests or instructions made by the Customer.
15.1 LANCEWOOD® shall obtain no right, title and interest in and to any of your Subscriber Data. The correct identity of the owner shall be determined by yourself and any Third Parties that may have an interest therein. You warrant and represent that you are fully aware and responsible for the legality, reliability, integrity, accuracy and quality of the Subscriber Data.
15.2 You warrant and represent that you have all the necessary permissions, licences or authorities of any kind as may be needed to carry out such actions with the Subscriber Data as you carry out when using the LANCEWOOD® Cake-Off Services.
15.3 You agree to hold LANCEWOOD® harmless in relation to any claim made against LANCEWOOD® regarding any Subscriber Data.
16.1 Your Data will be retained until such time as deleted, whether that deletion is by yourself or a person authorised by you. Once Data is deleted it is removed from the LANCEWOOD® Cake-Off Services and cannot be resurrected by LANCEWOOD®.
17.1 In terms of Section 18 of POPI, LANCEWOOD® brings to the attention of the Customer the following:
17.1.1 the responsible party in this collection of information is LANCEWOOD® SA (PTY) Ltd
17.1.2 the purpose for the collection of this data is in paragraph 11;
17.1.5 the recipient of your information will be LANCEWOOD®;
17.1.6 you do have the right to lodge a complaint to the Information Regulator; and
17.1.7 you may object to the processing of your personal information / data in terms of section 11(3) of POPI.
Effective Date: 23 May 2018
Welcome to LANCEWOOD's® Cake-Off 2018 website at www.lancewoodcakeoff.co.za ("the Cake-Off website" or "the LANCEWOOD® Cake-Off website"). We want you to fully understand your rights and our rights relating to your use of the website and the provisions of the Lancewood Cake-Off Services (defined below) and ask that you please take a moment to read these terms carefully.
BY ACCESSING, BROWSING, OR USING THE SERVICES (INCLUDING WITHOUT LIMITATION UPLOADING OR DOWNLOADING ANY INFORMATION OR MATERIALS TO OR FROM THE SERVICES), YOU AGREE TO AND ACCEPT THESE TOU (AS UPDATED FROM TIME TO TIME).
ACCEPTANCE OF THE TOU MEANS THAT YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY IT. Any breach of your obligations under the TOU may result in action being taken against you. Acceptance of the TOU also means that you:
IF YOU DO NOT AGREE WITH THESE TOU OR ANY OTHER POLICIES, YOU MUST NOT ACCEPT THEM. IF YOU DO NOT ACCEPT THESE TOU, YOU ARE NOT AUTHORISED TO ACCESS OR USE THE SERVICES FOR ANY PURPOSE WHATSOEVER.
1.1 The TOU contain provisions which limit our exposure to risk and legal liability as well as provisions which constitutes an assumption of risk or liability on your part, including indemnification provisions and acknowledgement of facts by you by virtue of your agreement to these TOU. Certain of these provisions appear in CAPITAL LETTERS below.
1.2 The LANCEWOOD® Cake-Off Content (defined below) available through the LANCEWOOD® Cake-Off Service are made available to you for limited uses. Certain of these provisions appear in CAPITAL LETTERS below.
1.3 It is therefore important that you familiarise yourself with these provisions before you use the Service or the Content.
The website is owned by LANCEWOOD® HOLDINGS, a division of Libstar Operations (Pty) Ltd, a company registered in the Republic of South Africa with registration number 2014/062496/07, which as its registered address at PO Box 9998, George 6530, South Africa and its physical address at 11 Ruby Cres, Tamsui Industria, George, 6529 ("LANCEWOOD®").
2.1 All rights and benefits afforded to LANCEWOOD® in these TOU shall be applicable to LANCEWOOD® and all of its subsidiaries and any company which is its holding company or a subsidiary of such holding company whether or not such subsidiary or holding company is incorporated in the Republic of South Africa (hereinafter collectively referred to as the "LANCEWOOD® Group Companies").
3.1 LANCEWOOD® may replace, change, modify, add to or remove portions or the whole of the TOU. Any such changes to the TOU will become effective when the changes are posted to this website. Your continued use of this website following the posting of changes or updates will be considered notice of your acceptance of the amended TOU.
4.1 Our LANCEWOOD® Cake-Off Services are focused on providing you with information about the LANCEWOOD® Cake-Off Competition (defined below) as well as information ancillary thereto. ACCORDINGLY, LANCEWOOD® LICENSES YOU TO VIEW, DOWNLOAD, AND PRINT THE CONTENT (DEFINED BELOW) PROVIDED THAT SUCH CONTENT IS USED FOR PERSONAL, EDUCATIONAL, AND/OR NON-COMMERCIAL PURPOSES ONLY.
4.2 The Services, including our information (such as data, text, software, sound, photographs, graphics, video, messages, posts, tags or other images or materials) to which you may have access to as part of, or through, your use of the LANCEWOOD® Cake-Off Services ('the Content") are intended for informational purposes only. We are not involved in the online sale and purchase of any goods and/or services. No monetary payment to us is required to access the LANCEWOOD® Cake-Off Services.
4.3 LANCEWOOD® DO NOT GUARANTEE THE ACCURACY OR CORRECTNESS OF ANY TECHNICAL, SCIENTIFIC, OR OTHER INFORMATION REGARDING THE PRODUCTS (OR THE NON-LANCEWOOD® PRODUCTS) OR ANY OTHER CONTENT AND THE USE OF SUCH INFORMATION BY YOU IS ENTIRELY AT YOUR OWN RISK AND YOU HEREBY WAIVE ANY AND ALL CLAIMS WHICH YOU MAY HAVE AGAINST US, AND INDEMNIFY US AGAINST ANY AND ALL CLAIMS FROM THIRD PARTIES, ARISING FROM THE USE OF SUCH INFORMATION.
5.1 YOU MAY ONLY USE THE SERVICES IF YOU DO SO IN ACCORDANCE WITH THE TOU.
5.2 THE SERVICES ARE FOR YOUR PERSONAL AND NON-COMMERCIAL USE. YOU MAY NOT MODIFY, COPY, DISTRIBUTE, TRANSMIT, DISPLAY, PERFORM, REPRODUCE, PUBLISH, LICENSE, CREATE DERIVATIVE WORKS FROM, TRANSFER OR SELL FOR ANY COMMERCIAL PURPOSES ANY PORTION OF THE SERVICES, USE OF THE SERVICES OR ACCESS TO CONTENT. YOU MAY NOT USE THE SERVICE, OR ASSIST OR ENCOURAGE ANY OTHER PARTY, TO ENGAGE IN ANY OF THE FOLLOWING PROHIBITED USES:
5.2.1 actions which are unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
5.2.2 actions with the purpose of harming or attempting to harm minors or any other person in any way;
5.2.3 actions which in any way breaches or infringes any other person's right to respect for their private or family life, right to prohibition from discrimination or data protection rights in terms of the Protection of Personal Information Act 4 of 2013 ("POPI");
5.2.4 to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards and / or other restrictions;
5.2.5 to transmit or procure the sending of any unsolicited advertising or promotional material or any other form of similar solicitation (spam); or
5.2.6 knowingly transmit any data, send or upload any material that contains viruses, Trojan Horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer codes designed to adversely affect the operation of any computer software or hardware.
5.2.7 removing any copyright, trademark or other proprietary rights notices contained in or on the Services;
5.2.8 uploading content or other data to the Services which is:
18.104.22.168 defamatory of any person;
22.214.171.124 obscene, offensive, hateful or inflammatory;
126.96.36.199 promote sexually explicit material, violence or any illegal activity;
188.8.131.52 promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
184.108.40.206 promote hate crimes or xenophobia;
220.127.116.11 infringe any copyright, database right, trade mark or other intellectual property right of any other person;
18.104.22.168 be likely to deceive any other person;
22.214.171.124 be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
126.96.36.199 be threatening, abuse or invade another's privacy or cause annoyance, inconvenience or needless anxiety;
188.8.131.52 be likely to harass, upset, embarrass, alarm or annoy any other person;
184.108.40.206 be used to impersonate another person, or to misrepresent your identity or affiliation with any other person;
220.127.116.11 give the impression that they emanate from LANCEWOOD®, if this is not the case; or
18.104.22.168 advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
5.3 You also agree (except as may be allowed by any applicable law which is incapable of exclusion by agreement between the parties or as expressly provided for in the TOU):
5.3.1 NOT TO ATTEMPT TO COPY, MODIFY, DUPLICATE, CREATE DERIVATIVE WORKS FROM, FRAME, MIRROR, REPUBLISH, DOWNLOAD, DISPLAY, TRANSMIT OR DISTRIBUTE ALL OR ANY PORTION OF THE SOFTWARE AND / OR DOCUMENTATION (AS APPLICABLE) MADE AVAILABLE THROUGH THE LANCEWOOD CAKE-OFF® WEBSITE AND SERVICES IN ANY FORM OR MEDIA OR BY ANY OTHER MEANS;
5.3.2 NOT TO ATTEMPT TO REVERSE COMPILE, DISASSEMBLE, REVERSE ENGINEER OR OTHERWISE REDUCE TO HUMAN-PERCEIVABLE FORM ALL OR ANY PART OF THE SOFTWARE MADE AVAILABLE THROUGH THE LANCEWOOD® CAKE-OFF WEBSITE OR SERVICES; AND
5.3.3 NOT TO ACCESS, WITHOUT AUTHORITY, INTERFERE WITH, DAMAGE OR DISRUPT:
22.214.171.124 any part of the LANCEWOOD® Cake-Off Services;
126.96.36.199 any equipment or network on which the LANCEWOOD® Cake-Off Services is stored;
188.8.131.52 any software used in the provision of the LANCEWOOD® Cake-Off Services;
184.108.40.206 any equipment or network or software owned or used by any third party accessed through or in connection with the LANCEWOOD® Cake-Off Services;
5.3.4 LICENSE, SELL, RENT, LEASE, TRANSFER, ASSIGN, DISTRIBUTE, DISPLAY, DISCLOSE OR OTHERWISE COMMERCIALLY EXPLOIT OR OTHERWISE MAKE THE LANCEWOOD® SERVICES AVAILABLE TO ANY THIRD PARTY, OR
5.3.5 ATTEMPT TO OBTAIN, OR ASSIST THIRD PARTIES IN OBTAINING, ACCESS TO THE LANCEWOOD® CAKE-OFF SERVICES WITHOUT THEM HAVING THEIR OWN CURRENT AND VALID SUBSCRIPTION.
5.4 LANCEWOOD® will determine, in its own discretion, whether there has been a breach of these TOU through your use of the LANCEWOOD® Cake-Off Services. Any breach of the TOU may result in LANCEWOOD® taking all or any of the following actions:
5.4.1 immediate, temporary or permanent withdrawal of your right to use any of the LANCEWOOD® Cake-Off Services;
5.4.2 issuing of a warning to you;
5.4.3 legal proceedings being instituted against you, the cost of which will be for your account (on an Attorney and own Client basis); and
5.4.4 DISCLOSURE OF SUCH INFORMATION TO LAW ENFORCEMENT AUTHORITIES AS LANCEWOOD® MAY DEEM TO BE NECESSARY.
6.1 Any software or applications that can be accessed through our website that are not provided by or operated by LANCEWOOD® or a member of the LANCEWOOD® Group Companies ("Third Party Applications") shall be accessed or used by you subject to the following terms:
6.1.1 LANCEWOOD® does not endorse or approve any Third Party website nor the content thereof made available via the LANCEWOOD® Cake-Off Services;
6.1.2 YOU DO SO SOLELY AT YOUR OWN RISK AND ACKNOWLEDGE AND AGREE THAT LANCEWOOD® MAKES NO REPRESENTATION OR COMMITMENT AND SHALL HAVE NO LIABILITY OR OBLIGATION WHATSOEVER IN RELATION TO THE CONTENT OR USE OF ANY THIRD PARTY APPLICATIONS, INCLUDING WITHOUT LIMITATION ANY LIABILITY RESULTING FROM:
220.127.116.11 the loss of any data stored, communicated to or through, created using, processed by or is in any other way dealt within whole or in part using the Third Party Applications; or
18.104.22.168 any virus or harmful material that infects your computer or network as a result of using Third Party Applications.
6.1.3 any contract entered into and any transaction completed via any Third Party website is between yourself and the relevant Third Party, and not LANCEWOOD®;
6.1.4 any acts or omissions by the provider of the Third Party Applications including any use they make of any Personal Information about you); or
6.1.5 any transactions completed, and any contract entered into by you with any third party.
7.1 YOU ACKNOWLEDGE AND AGREE THAT LANCEWOOD® AND/OR ITS LICENSORS OWN ALL INTELLECTUAL PROPERTY RIGHTS IN THE SERVICES AND THE CONTENT. Except as expressly stated herein, these TOU do not grant you any rights, whether current or future, in the following:
7.2.1 patents, copyrights, database right, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licences in respect of the Service or the Content; or
7.2.2 any rights to the use of the LANCEWOOD® name, trademarks, domain names or brand.
7.3 You hereby grant us a non-exclusive licence in perpetuity to do and carry out the following:
7.3.1 Anything that you request LANCEWOOD® to do and carry out through the Services;
7.3.2 Any action necessary for LANCEWOOD® to comply with its obligations in the TOU, including but not limited to the backing up of LANCEWOOD® Cake-Off Services and the processing of your Personal Data. This permission extends to any compliance by LANCEWOOD® under agreements entered into with any Third Party that LANCEWOOD® works with to provide your access to and use of the LANCEWOOD® Cake-Off Services and Content.
8.1 THE LANCEWOOD® CAKE-OFF SERVICES ARE PROVIDED TO YOU FOR FREE AND ON AN "AS IS" AND "AS AVAILABLE" BASIS. RELIANCE ON AND USE OF OUR SERVICES AND CONTENT ARE THEREFORE AT YOUR OWN RISK AND UNDER NO CIRCUMSTANCES WILL WE BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE OF ANY KIND IN CONTRACT, DELICT (INCLUDING NEGLIGENCE), STATUTE OR OTHERWISE ARISING IN CONNECTION WITH YOUR RELIANCE ON OR USE OF THIS SITE OR THE CONTENT OR SERVICES PROVIDED, SAVE TO THE EXTENT THAT SUCH LIABILITY CANNOT BE EXCLUDED BY APPLICABLE LAW OR THE CONTRARY IS EXPRESSLY STATED.
8.2 ACCORDINGLY, ALL WARRANTIES, REPRESENTATIONS, CONDITIONS AND ALL OTHER TERMS OF ANY KIND WHATSOEVER IMPLIED BY STATUTE OR COMMON LAW ARE, TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW, EXCLUDED FROM THESE TOU.
8.3 LANCEWOOD® DOES NOT WARRANT THAT YOUR USE OF THE LANCEWOOD® CAKE-OFF SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; OR THAT THE INFORMATION OBTAINED BY YOU THROUGH YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS AND YOU AGREE THAT NOTHING IN THESE IS GIVING ANY WARRANTIES OF THIS SORT.
8.4 FURTHER TO THE ABOVE AND YOU AGREE THAT LANCEWOOD® SHALL NOT BE LIABLE FOR:
8.4.1 ANY ACTIONS TAKEN BY THE ADMINISTRATOR;
8.4.2 ANY ACTIONS OF PERSONS NOT ACTING FOR OR ON BEHALF OF LANCEWOOD®;
8.4.3 ANY ACTIONS TAKEN BY LANCEWOOD® AT YOUR DIRECTION.
8.5 THE TOU AND OTHER USER POLICIES SHALL NOT PREVENT LANCEWOOD® FROM ENTERING INTO SIMILAR AGREEMENTS WITH THIRD PARTIES, OR FROM INDEPENDENTLY DEVELOPING, USING, SELLING OR LICENCING DOCUMENTATION, PRODUCTS AND/OR SERVICES WHICH ARE SIMILAR TO THOSE PROVIDED UNDER THESE TOU AND/OR THE USER POLICIES.
9.1 YOU AGREE TO INDEMNIFY AND HOLD LANCEWOOD® AND ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES AND THIS PARTY SERVICE PROVIDERS HARMLESS FROM ANY AND ALL CLAIMS, ACTIONS, PROCEEDINGS, LOSSES, DAMAGES, LIABILITIES, EXPENSES AND COSTS (INCLUDING WITHOUT LIMITATION LEGAL COSTS ON AN ATTORNEY AND OWN CLIENT SCALE) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES AND/OR YOUR BREACH OF THE TOU AND USER POLICIES.
10.1 SUBJECT TO 10.2, LANCEWOOD® SHALL NOT BE LIABLE UNDER THE TOU FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE (INCLUDING WITHOUT LIMITATION ANY LOSS OF ANTICIPATED INCOME, PROFITS OR CONTRACTS) IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT, REGARDLESS OF WHETHER SUCH DAMAGE OR LOSS AROSE DUE TO A BREACH OF THIS AGREEMENT, IN DELICT, OR OTHERWISE, OR WHETHER IT WAS FORESEEABLE OR KNOWN.
10.2 NOTHING IN THESE TOU EXCLUDES THE LIABILITY OF LANCEWOOD® FOR LIABILITY FOR LOSS OR DAMAGE:
10.2.1 CAUSED BY ITS FRAUD OR WILFUL MISCONDUCT;
10.2.2 CAUSED BY ITS NEGLIGENCE, IN THE EVENT OF DEATH OR PERSONAL INJURY; OR
10.2.3 WHICH, AS A MATTER OF LAW, IS NOT ALLOWED TO EXCLUDE OR LIMIT IN WHICH CASE SUCH LIABILITY WILL ONLY BE EXCLUDED OR LIMITED TO SUCH AN EXTENT AS ALLOWED BY THE APPLICABLE LAWS.
11.1 These TOU (including the other User Policies), constitute the entire Agreement between the parties and supersede any previous arrangement, understanding or agreement between them relating to the subject matter they cover.
11.2 Each of the parties acknowledges and agrees that in entering into these TOU it does not rely on any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person (whether this person is a party to this Agreement or not) relating to the subject matter of these TOU, other than as expressly set out these TOU.
11.3 If any provision (or part thereof) of these TOU is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.
11.4 If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention and / or purpose of the parties.
11.5 You acknowledge that no terms at variance with the TOU shall be of any force and effect unless LANCEWOOD® has, in writing, expressly and unambiguously agreed that the terms so sought to be introduced by you shall apply.
11.6 Any failure by LANCEWOOD® to exercise or enforce any right or provision shall in no way constitute a waiver of such right or provisions.
12.1 You shall not, without the prior written consent of LANCEWOOD® assign, transfer, cede, change, sub-contract or deal in any other manner with all or any of your rights or obligations under these TOU or other User Policies.
12.2 LANCEWOOD® may at any time assign, transfer, change, sub-contract or deal in any other manner with all or any of its rights or obligations under these TOU or the User Policies.
13.1 Unless expressly stated otherwise, these TOU do not confer any other rights on any person or party (other than the parties to this TOU and, where applicable, their successors in title and permitted assigns).
14.1 This Agreement shall be interpreted and implemented in accordance with the laws of the Republic of South Africa.
SUPPORT AND QUESTIONS:
We will provide support to you and answer any of your questions related to the website and our Services via the following methods:
- Email: firstname.lastname@example.org
Our further contact details can be obtained in the "Contact" section of this website at www.lancewoodcakeoff.co.za.