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Transmission of Information

You acknowledge that information transmitted via the Internet, including without limitation, electronic mail, is susceptible to monitoring and interception. You are accordingly discouraged from transmitting to DietQuest any information that may be confidential, proprietary or sensitive. You will bear all risk of transmitting such information in this manner and under no circumstances will DietQuest or any of its associates be liable for any loss, harm or damage suffered by you as a result thereof. DietQuest will have the right to request independent verification of any information transmitted electronically and you authorise and consent to such verification should DietQuest deem it necessary. Any information or material sent to this site will be deemed not to be confidential, unless otherwise agreed in writing by you and DietQuest.

Security

You are expressly prohibited from gaining or attempting to gain unauthorised access to any page on or part of this site, or to deliver or attempt to deliver any unauthorised, damaging or malicious code to this site. If you deliver or attempt to deliver any unauthorised, damaging or malicious code to this site or attempt to gain unauthorised access to any page or part of this site a complaint will be laid against you to be criminally charged and, and in the event DietQuest suffers any damage or loss, a civil damages claim will be proceeded with against you. Code of Conduct You may not use this site or any of the site’s material for or in conjunction with any illegal, unlawful or immoral purpose or as prohibited by these terms and conditions of use. You undertake to comply with all the laws, rules and regulations regarding online conduct in the Republic of South Africa and, to the extent you are accessing the site outside of the Republic of South Africa, you are to also comply with the laws, rules and regulations of your country. In the event that you link to any page on this site or are permitted to frame this site or any of the pages on this site or any part thereof, in any way whatsoever, you:

undertake to acknowledge DietQuest and the specific reference, if applicable, as your source; do so at your own risk; and you indemnify DietQuest against any loss, liability or damage that may arise as a result of the use of content, products and/or services from the site. You undertake to adhere to generally acceptable Internet and electronic mail etiquette. In this regard, without limitation to the examples listed below, you undertake not to:

  • engage in any abuse of electronic mail or spamming, including (without limitation) the posting or cross-posting of unsolicited articles with the same or substantially the same message to recipients that did not request to receive such messages;
  • engage in any activity intended to entice, solicit or otherwise recruit users of the site to join an organisation except where such activities are expressly authorised, in writing, by DietQuest and permitted in terms of the laws of the Republic of South Africa and, if you are accessing the site from another country, the laws also of your country;
  • take any action aimed at deceiving or misleading any person, attempt to impersonate or misrepresent your affiliation to any person or forge headers or otherwise manipulate identifiers in order to disguise the origin of anything posted or transmitted through the products and/or services;
  • impersonate any other person or use a false or unauthorised name so as to create a false identity and/or electronic mail address or to misrepresent the origin or identity of any communication to the site and/or its owner;
  • modify, access or make available any data stored on a computer device which has been accessed through the site;
  • make available or upload files that contain software or any other material not owned or appropriately licensed to you;
  • use the products and/or services or the site to post or transmit, by means of listings, reviews, comments, suggestions, ideas, questions or otherwise, anything which is unlawful, defamatory, discriminatory, obscene, offensive, vulgar, threatening, abusive, harassing, harmful, hateful, profane, sexually explicit or which carries child pornography, religious or racial slurs, racially, ethnically or otherwise objectionable in any way or threatens or encourages bodily harm or the like or which may violate any person's personality rights;
  • use the products and/or services to make fraudulent offers to sell or buy products, items or services or to offer or solicit for any type of financial scam such as "pyramid schemes" and "chain letters";
  • use the products and/or services in a manner that may infringe the intellectual property rights (for example copyright or trademarks) or other proprietary rights of others, including (without limitation) the transmission of pirated software;
  • use the products and/or services in any manner which could damage, impair, overburden or disable the products and/or services or interfere with any other party's use or enjoyment of the products and/or services;
  • use the products and/or services to post or transmit anything which contains viruses or any other destructive features, regardless of whether or not damage is intended;
  • gather electronic mail addresses and/or names for commercial, political, charity or like purposes or use the products and/or services to collect or attempt to collect personal information about third parties without their knowledge or consent;
  • violate the privacy of any person or attempt to gain unauthorised access to the products and/or services or any other website or network, including (without limitation) through hacking, password mining or any other means;
  • use the products and/or services to engage in any illegal or unlawful activity;
  • use any robot, spider, other automatic device or technology, or manual process or similar data gathering and extraction tools to monitor or copy portions of the site for any non-personal or commercial use;
  • use any meta tags or other “hidden text” utilizing the DietQuest names or trademarks, without the prior written consent of DietQuest, as the case may be;
  • frame or utilize any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout or form) of DietQuest, without the prior written consent of DietQuest, as the case may be;
  • collect or use any listings, descriptions or price lists from the site for the benefit of a competing merchant that supplies products or services comparable to those advertised on the site; and
  • act in any way which may, could or does impose an unreasonable or unusually large load of traffic on the site, or otherwise interferes with its proper and timely functioning.

Should you engage in any one or more of the above practices, DietQuest will be entitled, without prejudice to any other rights it may have, to:

  • without notice, suspend or terminate your access to the products and/or services, as well as, the site;
  • charge, invoice and reclaim from you all reasonable costs it has incurred pursuant to or arising from your aforementioned activities, including (without limitation) bandwidth, administration costs, downtime, usage of name or registered domain name; and/or
  • notwithstanding the Privacy Policy below, disclose any information relating to you, whether public or personal, to all persons affected by your actions.

Software and Equipment

It is your responsibility to acquire and maintain, at your own expense, the computer hardware, software, communications infrastructure and access accounts required to safely and securely access the Internet and the site, as well as, to safely download content from the site.

Monitoring of communications

You hereby, subject to the provisions of the Regulation of Interception of Communications Act, 2002 (Act No. 70 of 2002), as amended, consent and permit DietQuest to intercept, block, filter, read, delete, disclose and use all and/or any communications you send, transmit to or post on or through the site, as well as any electronic mail accounts or locations associated with DietQuest. It being specifically understood that your aforementioned consent satisfies the “writing” requirement prescribed in both of the Regulation of Interception of Communications Act, 2002 (Act No. 70 of 2002), as amended, and the Electronic Communications and Transactions Act, 2002 (Act No. 25 of 2002), as amended.



 
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