IN TERMS OF SECTION 11 OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS (ECT) ACT 25 OF 2002, THESE TERMS AND CONDITIONS ARE BINDING AND ENFORCEABLE AGAINST ALL PERSONS THAT ACCESS THE GIFTOVLIFE WEB SITE OR ANY PART THEREOF.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS YOU MUST LEAVE THE GIFT OV LIFE WEB SITE WITHOUT DELAY, AS FURTHER USE WILL AUTOMATICALLY BIND YOU TO THESE TERMS AND CONDITIONS.
DEFINITIONS AND INTERPRETATION
a) “Gift ov life IT web site” means the Gift ov life web site owned and operated by Gift ov life (Pty) Ltd and located at http://www.giftovlife.com, including any page, part or element thereof;
b) “Gift ov life” means Gift ov life, CK number pending and cc Renewing Fertility trading as Gift ov life.
c) “User” means any person who enters or uses the Gift ov life web site, notwithstanding the fact that such a person only visits the home page of the Gift ov life web site;
d) References herein to the singular includes the plural and vice versa; and
e) Notwithstanding the fact that hyperlinks in these terms and conditions to copyright notices and legislation should be deemed part of these terms and conditions in terms of section 11 of the ECT Act, the fact that some or all of the hyperlinks may be non-operational, shall not play a role in determination of the validity and interpretation of these terms and conditions.
Renewing Fertility cc (“Gift ov life”) or (GOL for reference herein) offers egg donor and surrogate matching services both locally and internationally. We coordinate egg donation arrangements between appropriate and chosen female (hereinafter referred to as “Donor” or “Surrogate”) and individuals or couples (hereinafter referred to as “Intended Parents”) who desire a child by one of these methods. Gift ov life operates an online database of such Donors and Surrogates. GOL also offers an online information portal for adoption and sperm donation.
2. ALLOWED USE AND LICENSE
Gift ov life licenses the User to view, download and print the content of the Gift ov life web site, provided that such content is used for private, personal, educational and/or non-commercial purposes only.
Content from the Gift ov life web site may not be used or exploited by Users for any commercial and non-private purposes without the prior written consent of Gift ov life.
Users may only access, browse and use the Gift ov life web site for legal purposes.
The caching of the Gift ov life web site shall only be allowed if:
- The purpose of the caching is to make the onward transmission of the content from the Gift ov life web site more efficient;
- The cached content is not modified in any manner whatsoever;>
- The cached content is updated at least every 12 (twelve) hours; and
- The cached content is removed or updated when so required by Gift ov life.
If any User uses content from the Gift ov life web site in breach of the provisions detailed herein:
- Gift ov life reserves the right to claim damages from the User;
- Gift ov life reserves the right to institute criminal proceedings against the User; and
- Gift ov life shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of such content by the User or any third party who obtained any content from the User.
Hyperlinks to the Gift ov life web site from any other source shall be directed at the home page of the Gift ov life web site. Links beyond the Gift ov life home page may only be used with Gift ov life’s prior written consent.
Gift ov life shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of content from the Gift ov life web site, if such content was accessed through a hyperlink not directed at the home page of the Gift ov life web site. Persons that wish to link to content beyond the home page of the Gift ov life web site without Gift ov life’s prior written consent shall do so at their own risk and indemnify Gift ov life against any loss, liability or damage that may result from the use of content from the Gift ov life web site, if such content was accessed through a hyperlink not directed at the home page of the Gift ov life web site. Gift ov life’s non-liability for deep linking is based on the fact that deep links bypass these terms and conditions.
Users may quote small and reasonable amounts of content available from the Gift ov life web site and only if such a quote is placed in inverted commas and acknowledged.
No person may, without the prior written consent of Gift ov life, frame the Gift ov life web site in any manner whatsoever.
Apart from bona-fide search engine operators, no person may use or attempt to use any technology or applications (including web crawlers, robots or web spiders)to search, collect or copy content from the Gift ov life web site for any purposes, without the prior written consent of Gift ov life.
E-mail addresses, names, telephone numbers and fax numbers published on the Gift ov life web site may not be incorporated into any database used for electronic marketing or similar purposes. No permission is given or should be implied that information on the Gift ov life web site may be used to communicate unsolicited communications to Gift ov life and all rights detailed in 45 of the ECT Act are reserved.
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 Gift ov life at any time without prior notice or reasons.
3. INTELLECTUAL PROPERTY RIGHTS
All intellectual property on the Gift ov life web site, including but not limited to content, trademarks, domain names, patents, design elements, software, source code, meta tags, databases, text, graphics, icons and hyperlinks are the property of or licensed to Gift ov life and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights licensed to the User in clause 2, all other rights to intellectual property on the Gift ov life web site are expressly reserved.
4. SOFTWARE AND EQUIPMENT
It is the responsibility of the User to acquire and maintain, at his/her own expense, the necessary computer hardware, software, communication lines and Internet access accounts
required to access the Internet and the Gift ov life web site and/or download content from the Gift ov life web site.
5. DISCLOSURES REQUIRED BY SECTION 43 OF THE ECT ACT
Access to the services, content, software and downloads available from the Gift ov life web site may be classified as “electronic transactions” as defined in terms of the ECT Act and therefore Users have the rights detailed in Chapter 7 of the ECT Act and Gift ov life has, amongst others, the duty to disclose the following information:
- The full name and legal status of the web site owner: Renewing Fertility T/A Gift ov life cc
- Street address: Johannesburg – No.17, Scott Street, Waverly, 2090
- Postal address: Johannesburg – Po Box 650796, Benmore, 2010
- Physical address for receipt of legal service: No. 17 Scott Street, Waverly, 2090,Johannesburg, South Africa
- Main business: egg donor and surrogate matching services both locally and internationally.
- The web site address of the Gift ov life web site is: http://www.Giftovlife.com
- The official e-mail address of the Gift ov life web site IS: info@Giftovlife.com ;
- Gift ov life’s members are : D Blank and T Sussman
- Users may lodge complaints concerning the Gift ov life web site with Gift ov life at email: info@Giftovlife.com
6. CHANGES AND AMENDMENTS
Gift ov life reserves the right, in its sole and absolute discretion, to do any of the following, at
any time without prior notice or justification:
- Change these terms and conditions;
- Change the content and/or services available from the Gift ov life web site;
- Discontinue any aspect of the Gift ov life web site or service(s) available from the Gift ov life web site; and/or
- Change the software and hardware required to access and use the Gift ov life website.
Gift ov life shall take all reasonable steps to protect the personal information of Users and for the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from:
Gift ov life may electronically collect, store and use the following personal information of Users:
- name and surname;
- contact numbers;
- non-personal browsing habits and click patterns;
- e-mail address;
- IP address; and/or
- User selected username and password.
Gift ov life collects, stores and uses the abovementioned information for the
- following purposes:
- Communicate requested information to the User;
- Provide the User with access to restricted pages on this web site; and
- Compile non-personal statistical information about browsing habits,
- click-patterns and access to the Gift ov life web site.
Information detailed above is collected either electronically by using cookies or is provided voluntarily by the User. Users may determine cookie use independently through their browser settings.
Gift ov life may collect, maintain, save, compile, share, disclose and sell any information collected from users, subject to the following provisions:
- Gift ov life shall not disclose personal information from Users unless the User consents thereto;
- Gift ov life shall disclose information without the User’s consent only through due legal process; and
- Gift ov life may compile, use and share any information that does not relate to any specific individual.
Gift ov life owns and retains all rights to non-personal statistical information collected and compiled by the Gift ov life.
8. HYPERLINKS TO THIRD PARTY SITES
Gift ov life may provide hyperlinks to web sites not controlled by Gift ov life (“target sites”) and such links do not imply any endorsement, agreement on or support for the content of such target sites.
Gift ov life does not editorially control the content on such target sites and shall not be liable, in any manner whatsoever, for the access to, inability to access or content available on or through such target sites.
Gift ov life shall take all reasonable steps to secure the content of the Gift ov life web site and the information provided by and collected from Users from unauthorised access and/or disclosure. However, Gift ov life does not make any warranties or representations that content shall be 100% safe and secure.
Gift ov life is under no legal duty to encrypt any content or communications from and to the Gift ov life web site and is also under no legal duty to provide digital authentication of any page on the Gift ov life web site.
Users may not deliver or attempt to deliver, whether on purpose or negligently, any damaging code, such as computer viruses, to the Gift ov life web site or the server and computer network that support the Gift ov life web site.
Notwithstanding criminal prosecution, any person who delivers any damaging code to the Gift ov life web site, whether on purpose or negligently, shall, without any limitation, indemnify and hold Gift ov life harmless against any and all liability, damages and losses Gift ov life and its partners / affiliates may suffer as a result of such damaging code.
Users may not develop, distribute or use any device to breach or overcome the security measures of the Product and Gift ov life reserves the right to claim damages any and all persons concerned with a security failure or breach.
Any User who commits any of the offences detailed in sections 85 to 88 of the ECT Act shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by Gift ov life and its partners / affiliates. The ECT Act may be downloaded from:
10. DISCLAIMER AND LIMITATION OF LIABILITY
Subject to the provisions of sections 43(5) and 43(6) of the ECT Act, if applicable, and as far as allowed by law, Gift ov life (including its owners, employees, suppliers, Internet service providers, partners, affiliates and agents) shall not be liable for any damage, loss or liability of any nature incurred by whomever and resulting from:
- access to the Gift ov life web site;
- access to web sites linked to the Gift ov life web site;
- inability to access the Gift ov life web site;
- inability to access web sites linked to the Gift ov life web site;
- content available on the Gift ov life web site;
- services available from the Gift ov life web site;
- downloads and use of content from the Gift ov life web site; and/or
- any other reason not directly related to the Gift ov life’s gross negligence.
The Gift ov life web site is supplied on an “as is” basis and has not been compiled to meet User’s individual requirements. It is the responsibility of the User to satisfy himself or herself, prior to entering into this agreement with Gift ov life, that the content available from and through the Gift ov life web site meet the User’s individual requirements and is compatible with the User’s computer hardware and/or software.
Information, ideas and opinions expressed on the Gift ov life web site should not be regarded as professional advice or the official opinion of Gift ov life and Users are encouraged to consult professional advice before taking any course of action related to the information, ideas or opinions expressed on the Gift ov life web site.
Gift ov life does not make any warranties or representation that content and services available from the Gift ov life web site will in all cases be true, correct or free from any errors. Gift ov life shall take all reasonable steps to ensure the quality and accuracy of content available from the Gift ov life web site.
Gift ov life does not make any warranties or representations that the Gift ov life web site shall be available at all times. Users acknowledge that the Gift ov life web site may be unavailable due to updates or other causes beyond the reasonable control of Gift ov life, including, but not limited to virus infection, unauthorised access (hacking), power failure or other “acts of God”.
11. REMOVAL AND CORRECTION OF CONTENT
Users are encouraged to report untrue, inaccurate, defamatory, illegal, infringing and/or harmful content available from the Gift ov life web site to Gift ov life and Gift ov life 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.
12. INTERCEPTION OF COMMUNICATIONS
Subject to the provisions of the Regulation of Interception of Communications (RIC) Act 70 of 2002, the User agrees to Gift ov life’s right to intercept, block, filter, read, delete, disclose and use all communications send or posted by the User to the Gift ov life web site, its staff and employees. The RIC Act may be found at http://www.polity.org.za/pdf/RegOfInterOfCommAct70.pdf.
The User agrees and acknowledges that the consent provided by the User in clause 12.1 satisfies the “writing” requirement as detailed in the ECT Act and the RIC Act.
13. ENTIRE AGREEMENT AND SEVERABILITY
These terms and conditions constitute the entire agreement between Gift ov life and the User and shall take precedent over any disclaimers and/or legal notices attached to any communications and/or postings received by Gift ov life from the User.
Any failure by Gift ov life to exercise or enforce any right or provision shall in no way constitute a waiver of such right or provision. 13.3 In the event that any term or condition detailed herein is found unenforceable or invalid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall remain enforceable and applicable.
14. AGREEMENT IN TERMS OF SECTION 21 OF THE ECT ACT
The User and Gift ov life agree that:
- the User shall be bound to these term and conditions and such agreement is concluded in Johannesburg (South Africa) at the time the User enters the Gift ov life web site for the first time;
- data messages (as defined in the ECT Act) addressed by the User to Gift ov life shall only be deemed to have been received if and when responded to;
- data messages (as defined in the ECT Act) addressed to the User by Gift ov life shall be deemed to be received by the User as detailed in section 23(b) of the ECT Act;
- data messages (as defined in the ECT Act) addressed by the User to Gift ov life shall be deemed to have been created and sent by the User from within the geographical boundaries of South Africa;
- electronic signatures, encryption and/or authentication is not required for valid electronic communications between the User and Gift ov life; and
- the User agrees and warrants that data messages that are sent to Gift ov life from a computer, IP address or mobile device normally used by or owned by the User,
was sent and/or authorised by the User personally.
15. APPLICABLE AND GOVERNING LAW
The Gift ov life web site 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 Gift ov life web site, its content, services and these terms and conditions.
16. LEGAL COSTS
Gift ov life shall not be liable for costs incurred by Users to obtain professional advice relating to these terms and conditions.
© ALL RIGHTS RESERVED