Terms & Conditions

1. Acceptance of Terms

These Terms and Conditions (“Terms”) govern your access to and use of www.refiloemokgalaka.com (“Website”, “we”, “us”, or “our”). By accessing or using the Website, you agree to comply with and be bound by these Terms, our Privacy Policy, and all applicable laws and regulations.

If you do not agree with any part of these Terms, you must not use our Website.

2. Use of the Website

2.1 Permitted Use

You may use the Website for lawful purposes only and in accordance with these Terms. You agree not to use the Website:

• In any way that violates any applicable national or international law or regulation
• To transmit or procure the sending of any advertising or promotional material without our prior written consent
• To impersonate or attempt to impersonate us, our employees, another user, or any other person or entity
• In any way that infringes upon the rights of others or restricts or inhibits anyone’s use or enjoyment of the Website
• To engage in any conduct that could damage, disable, overburden, or impair the Website

2.2 Prohibited Activities

You shall not:

• Use any automated system, including but not limited to robots, spiders, or scrapers, to access the Website
• Attempt to gain unauthorised access to any portion of the Website
• Interfere with or disrupt the Website or servers or networks connected to the Website
• Use the Website to distribute viruses, malware, or other harmful computer code
• Copy, reproduce, modify, or distribute any content from the Website without authorisation
• Engage in any activity that could harm our reputation or business interests

3. Intellectual Property Rights

3.1 Ownership

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, design, selection, and arrangement) are owned by www.refiloemokgalaka.com, its licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

3.2 Limited Licence

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Website for your personal, non-commercial use only. This licence does not include any right to:

• Modify or copy the materials
• Use the materials for any commercial purpose or public display
• Remove any copyright or other proprietary notations from the materials
• Transfer the materials to another person or mirror the materials on any other server

3.3 Trademarks

All trademarks, service marks, and logos displayed on the Website are the property of their respective owners. Nothing on the Website should be construed as granting any licence or right to use any trademark without the prior written permission of the owner.

4. User Content

4.1 Responsibility for Content

If you submit, upload, post, or otherwise transmit any content to the Website (“User Content”), you are solely responsible for such User Content. You represent and warrant that you own or have the necessary rights to use and authorise us to use all User Content.

4.2 Licence Grant

By submitting User Content to the Website, you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content.

4.3 Content Standards

User Content must not:

• Contain any material that is defamatory, obscene, offensive, or hateful
• Violate any applicable laws or regulations
• Infringe any intellectual property rights
• Contain viruses or other harmful code
• Be used to impersonate any person or misrepresent your affiliation with any person or entity

5. Privacy and Data Protection

Your use of the Website is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand how we collect, use, and protect your personal information.

6. Third-Party Links and Services

The Website may contain links to third-party websites or services that are not owned or controlled by us. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services.

You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any third-party content, goods, or services available on or through such websites or services.

7. Disclaimer of Warranties

The Website is provided on an “AS IS” and “AS AVAILABLE” basis without any warranties of any kind, either express or implied, including but not limited to:

• Warranties of merchantability or fitness for a particular purpose
• Warranties that the Website will be uninterrupted or error-free
• Warranties regarding the accuracy, reliability, or completeness of content
• Warranties that any defects will be corrected

We do not warrant that the Website will meet your requirements or that it will be compatible with your system.

8. Limitation of Liability

To the fullest extent permitted by law, in no event shall www.refiloemokgalaka.com, its directors, employees, partners, agents, suppliers, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses resulting from:

• Your access to or use of or inability to access or use the Website
• Any conduct or content of any third party on the Website
• Any content obtained from the Website
• Unauthorised access, use, or alteration of your transmissions or content

Our total liability to you for all claims arising from or related to the Website shall not exceed the amount you paid us, if any, to access the Website in the twelve months preceding the claim.

9. Indemnification

You agree to defend, indemnify, and hold harmless www.refiloemokgalaka.com and its licensors, employees, contractors, agents, officers, and directors from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney’s fees) arising from:

• Your use of and access to the Website
• Your violation of any term of these Terms
• Your violation of any third-party right, including intellectual property rights
• Any User Content you submit or transmit through the Website

10. Account Registration

If the Website requires you to create an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security of your password and account
• Immediately notify us of any unauthorised use of your account
• Accept responsibility for all activities that occur under your account

We reserve the right to suspend or terminate your account at any time for any reason, including violation of these Terms.

11. Termination

We may terminate or suspend your access to the Website immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Website will immediately cease.

All provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

12. Modification of Terms

We reserve the right to modify or replace these Terms at any time at our sole discretion. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use the Website after revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the Website.

13. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located in South Africa for the resolution of any disputes.

14. Dispute Resolution

Any dispute, controversy, or claim arising out of or relating to these Terms or the breach, termination, or validity thereof shall first be attempted to be resolved through good faith negotiations between the parties.

If the dispute cannot be resolved through negotiation within 30 days, either party may pursue legal remedies in accordance with the governing law provisions.

15. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired. The invalid or unenforceable provision shall be replaced by a valid, enforceable provision that most closely matches the intent of the original provision.

16. Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

17. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published by us on the Website, constitute the entire agreement between you and www.refiloemokgalaka.com concerning your use of the Website and supersede all prior agreements and understandings.

18. Force Majeure

We shall not be liable for any failure or delay in performance under these Terms due to circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labour, or materials.

19. Assignment

We may assign or transfer these Terms, in whole or in part, without restriction. You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent.

20. Contact Information

If you have any questions about these Terms and Conditions, please contact us at:

Website: www.refiloemokgalaka.com