Terms and Conditions of Website Usage
Welcome to http://www.healingarts.co.za (“this website”), the official website of Mannie Barstz. These terms and conditions are binding and enforceable against all persons that access this website or any part thereof (in terms of section 11(2) of the Electronic Communications and Transactions (ECT) Act 25 of 2002. If for some reason you, the user of this website, do not agree to the terms and conditions you must leave this website now, as any further usage of this website will automatically bind you to these terms and conditions.1. COPYRIGHT
1.1 Copyright 2008 © MANNIE BARSTZ. All rights not expressly granted are reserved. To obtain permissions for the commercial use of any content on this site contact Mannie Barstz.
1.2 Users may download, view and print content from this site for private and non-commercial purposes only, provided that:
1.2.1 the downloaded content must not be modified in any way
1.2.2 the downloaded content must be attributed to this website, or the relevant third party reference as indicated in the relation to the aforesaid information.
2. INTELLECTUAL PROPERTY RIGHTS
2.1 Most of the intellectual property, including but are not limited to content, domain names, text, software, photographs, graphics, databases, hyperlinks, designs, agreements and other material contained in the website are the property of MANNIE BARSTZ and as such are protected from infringement by domestic and international legislation and treaties.
2.2 All other photographs, graphics, designs and content are publicly available. If you see any content that is otherwise owned, please let us know immediately to either add a credit or remove it.
3. ELECTRONIC COMMUNICATIONS
3.1 When a user visits this website or sends e-mails to MANNIE BARSTZ, that user consents to receiving communications from MANNIE BARSTZ electronically and agrees that all agreements, notices, disclosures and other communications sent by MANNIE BARSTZ satisfies any legal requirements, including but not limited, to the requirement that such communications should be "in writing".
4. HYPERLINKS
4.1 Hyperlinks are provided on this site to other sites. These linked websites are not under the control of MANNIE BARSTZ and MANNIE BARSTZ therefore does not take any responsibility for the privacy practices or the content of those sites, or any liability arising from access to any website which is linked from this site, or any hyperlink contained in a linked website. Your action to link to any such website is entirely at your own risk.
5. FRAMING
5.1 No person, business or web site may frame this site or any of the pages on this site in any way whatsoever without prior permission. Such permission could be obtained from the person referred to in clause 1 hereof.
6. SPIDERS AND CRAWLERS
6.1 No person, business or web site may use any technology to search and gain any information from this site without the prior written permission of MANNIE BARSTZ. Such permission could be obtained from the person referred to in clause 1 hereof.
7. DISCLAIMER
7.1 Apart from the provisions of sections 43(5) and 43(6) of the Electronic Communications and Transactions Act, neither MANNIE BARSTZ nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this web site or the services or content provided from and through this web site. Furthermore, MANNIE BARSTZ makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this web site are free from errors or omissions or that the service will be 100% uninterrupted and error free. Users are encouraged to report any possible malfunctions and errors to the person referred to in clause 1.
7.2 This web site is supplied on an "as is" basis and has not been compiled or supplied to meet the user's individual requirements. It is the sole responsibility of the user to satisfy itself prior to entering into this agreement with MANNIE BARSTZ that the service available from and through this web site will meet the user's individual requirements and be compatible with the user's hardware and/or software.
7.3 Information, ideas and opinions expressed on this site should not be regarded as professional advice or the official opinion of MANNIE BARSTZ and users are encouraged to consult us personally before taking any course of action related to information, ideas or opinions expressed on this site.
8. GOVERNING LAW
8.1 This site is hosted, controlled and operated from the Republic of South Africa and therefore governed by South African law.
9. PRIVACY
9.1 This site collects personal and other information from the user when the user uses any electronic contact form on the website. The personal information that is collected is necessary to act on the communication that was sent from the website.
9.2 None of the information collected or received via the online forms is and will be used for marketing purposes, except if the sender requests more information concerning the subject matter, or .
9.3 We will not disclose personal information to third party without the user’s permission unless: we are compelled to do so by law or in terms of a court order; it is in the public interest to do so; it is necessary to protect our rights.
10. SECURITY
10.1 Any person that delivers or attempts to deliver any damaging code to this web site or attempts to gain unauthorised access to any page on this web site shall be prosecuted and civil damages shall be claimed in the event that MANNIE BARSTZ suffers any damage or loss.
10.2 The user allows MANNIE BARSTZ Ltd to take all reasonable steps to ensure the integrity and security of the MANNIE BARSTZ site and back-office applications.
11. CHANGES TO AGREEMENT
11.1 MANNIE BARSTZ may, in its sole discretion, change this agreement or any part thereof at any time without notice.
12. REMOVAL AND CORRECTION OF CONTENT
12.1 Users are encouraged to report untrue, inaccurate, defamatory, illegal, infringing and/or harmful content available from this website to MANNIE BARSTZ. MANNIE BARSTZ undertakes to correct and/or remove such content or any part thereof if the person reporting such content provides reasonable grounds to prove the alleged nature of the content.
13. TERMS AND TERMINATION
13.1 This agreement shall commence when the user registers on the MANNIE BARSTZ site and continues indefinitely until terminated by MANNIE BARSTZ in terms of clause 21 hereto or for any other reason.
13.2 Access to this website may be monitored by MANNIE BARSTZ and MANNIE BARSTZ, may in its sole discretion, at any time terminate your access to this website and any account(s) you may have in connection with this website, unless otherwise agreed.