All references to “Rogz”, “we”, “us” and “our” in these terms and conditions are deemed to refer to Rogz (Proprietary) Limited, registration number 2002/030628/07, a limited liability company incorporated in the Republic of South Africa and having its registered address at 1 Kunene Crescent, Omuramba Park, Omuramba Rd, Montague Gardens, Cape Town, 7441, South Africa. All references to “you” and “your” are deemed to refer to any user and/or visitor of www.rogz.com (“Website”) and/or the blog (“Blog”).
1. Acceptance of terms
2. Use of the Website and/or Blog
2.1 You agree that you will not use any device, software or other instrument to interfere or attempt to interfere with the proper working of this Website and/or the Blog. In addition, you agree that you will not use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorised Rogz representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).
2.2 You may not use the Website or the Blog to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.
2.3 You may not display, publish, copy, print, post or otherwise use the Website and/or the information contained therein for the benefit of any other website without the express prior written consent of an authorised Rogz representative.
3. Ownership and copyright
3.1 Except for the content appearing on the Blog, the contents of this Website, including any information, software, icons, text, graphics, lay-outs, images, sound clips, trade names, logos, trade marks and service marks are protected by law, including but not limited to copyright and trade mark law, and are owned by or licensed to Rogz.
3.2 No licence to or right in any of such content is granted to or conferred upon you. Any unauthorised use, distribution or reproduction of the said content is prohibited.
3.3 The Website allows you to download screensavers and wallpaper featuring Rogz products, Rogz logos and Rogz trade marks. All intellectual property rights in the screensavers, wallpaper, logos and trade marks remain with Rogz. By downloading a screensaver or wallpaper from the Website, you do not obtain any intellectual property rights therein. Rogz grants you a non-exclusive, perpetual licence to display the screensavers and wallpapers on your personal computer only. You may not share any downloaded screensavers or wallpaper with others.
4.1 Any person who accesses this Website or relies on this Website or on the information contained in this Website does so at his or her own risk.
4.2 While Rogz take reasonable measures to ensure that the contents of this Website are accurate and complete, Rogz makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of this Website or as to the accuracy, completeness or reliability of any information on this Website.
4.3 All information provided on this website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a praticular purpose, completess, or non-infringement, as may be allowed in law.
4.4 Rogz does not accept any responsibility for any errors or omissions on this Website.
4.5 In addition to the disclaimers contained elsewhere in these Terms and Conditions, Rogz also makes no warranty or representation, whether express or implied, that the information or files available on this Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise or jeopardise the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way.
5. Linked third party websites
5.1 This Website may contain links or references to other websites (“Third Party Websites”) outside of our control, including those of advertisers. These Terms and Conditions do not apply to those Third Party Websites and Rogz is not responsible for the practices and/or privacy policies of those Third Party Websites or the cookies that those sites may use.
5.2 In addition to the aforementioned, Rogz is not a supplier of any products which may be advertised through Third Party Websites on the Site. Accordingly, Rogz is not liable for any products, purchased by you due to your reliance on the Third Party Websites, which are not ‘safe, good quality goods’ in terms of section 56 of the Consumer Protection Act, No. 68 of 2008.
5.3 Notwithstanding the fact that this Website may refer to or provide links to Third Party Websites, your use of such Third Party Websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such third party websites or your reliance on any information contained thereon.
6. No Hyperlinks or Deep Linking
6.1 You may not establish a hyperlink, frame, metatag or similar reference, whether electronically or otherwise (collectively referred to as “linking”), to this Website or any subsidiary pages (including the Blog) without the prior written consent of an authorised Rogz representative. If Rogz elects to grant such consent, it may be granted subject to such conditions as Rogz may specify from time to time.
6.2 Furthermore, you are not permitted to “deep link” to this Website and/or the Blog or to “frame” any part of this Website and/or the Blog.
7.1 The Blog is a platform on which purchasers of Rogz products can communicate, interact and share their views and experiences on Rogz products. It is up to you as to what information you choose to share with others and make public via the Blog. Accordingly, use of the Blog is entirely at your own risk.
7.2 The views expressed on the Blog are those of its users and do not necessarily represent the views of Rogz. Rogz will not enter into any discussions with Blog users about endorsing their views, preferences and/or opinions.
7.3 Although you may use the Blog to express your views and opinions, you may not post any content that amounts to or promotes hate speech, violence or discrimination based on race, ethnicity, religion, culture, disability, gender, age, marital status, pregnancy or sexual orientation/gender identity.
7.4 While Rogz will do its best to monitor the content of the Blog to ensure that it does not contain anything which is defamatory, offensive, amounts to hate speech or is otherwise unlawful, we cannot guarantee that the content of the Blog will not offend you. Accordingly, Rogz will not be liable to you or to any third party for any losses arising from the blog, unless such losses are proven to be due to the gross negligence of Rogz.
7.5 When using the Blog, you must not mislead or confuse other users by pretending to be someone else or pretending to represent or have an affiliation with an organisation when in fact you do not. If you use your work email address for identification purposes on the Blog, it may be construed that you are using the Blog in your capacity as an employee and the information you post on the Blog could be interpreted as being the view of your employer, even if that was not your intention. This can have serious repercussions for you and your employer. Therefore we strongly recommend that you use a personal email address for identification purposes on the Blog, and not your work email address.
7.6 You may not use the Blog to promote dangerous or illegal activity. You also may not use the Blog to make threats against another person or engage in a personal vendetta.
7.7 Just as we value your privacy, you too must respect the privacy of others. You may not post the personal information of other persons on the Blog.
7.8 When posting information or files to the Blog, please ensure that the information or file does not contain viruses, cause pop-ups, attempts to install software or otherwise impacts the Blog with malicious code.
7.9 If you choose to post photographs on the Blog other than of yourself, please ensure that you obtain the consent of those other persons to publish their image
7.10 If you feel that content posted by other users on the Blog violates these Terms and Conditions, please contact us.
9. Limitation of liability
9.1 Rogz shall not be liable for any direct, indirect, incidental, special or consequential injury, loss or damages which might arise from your use of, or reliance upon, any material or content contained in, or inability to use, and/or any linked third party website, unless such loss or damage arises due to the gross negligence of Rogz.
9.2 You hereby indemnify Rogz against any loss, claim or damage which may be suffered by yourself of any third party arising in any way from your use of this website, the blog and/or any linked third party website.
10. Changes to these Terms and Conditions
Rogz reserves the right to update and/or amend the Terms and Conditions from time to time and will give written notice to you of such amendments by placing the amended terms and conditions on the Website or Blog. You are accordingly encouraged to check the Website regularly. Any such change will only apply to your use of this Website and/or the Blog after the change is displayed on this Website. If you use this Website and/or the Blog after such updated or amended Terms and Conditions have been displayed on this Website, you will be deemed to have accepted such updates or amendments.
11. Breach of these Terms and Conditions
Without prejudice to our other rights under these Terms and Conditions, if you breach these Terms and Conditions in any way, Rogz may take such action as it deems appropriate to deal with the breach, including suspending your access to the Website, prohibiting you from accessing the Website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the Website and/or bringing court proceedings against you.
12. Availability and termination
12.1 We will use reasonable endeavours to maintain the availability of the Website and/or Blog, except during scheduled maintenance periods, and reserve the right to discontinue providing the Website and/or Blog or any part thereof with or without notice to you.
12.2 Rogz may in its sole discretion terminate, suspend and modify this Website and/or the Blog, with or without notice to you. You agree that Rogz will not be liable to you in the event that it chooses to suspend, modify or terminate this Website and/or the Blog.
13. Entire Agreement and Enforceability
13.2 If there is any provision in these Terms and Conditions that are unenforceable or invalid for any reason, then such provision will be severable from the remaining terms and conditions and will in no way affect the enforceability and validity of the remaining terms and conditions.
14. Governing Law
These Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Website and/or Blog will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.
15. Electronic Communications and Transaction Act Compliance
In compliance with section 43(1) of the Electronic Communications and Transaction Act, 25 of 2002, please note the following:
Full name: Rogz (Proprietary) Limited;
Physical address: 1 Kunene Crescent, Omuramba Park, Omuramba Rd, Montague Gardens, Cape Town, 7441, South Africa;
Telefax number: +27 (0) 21 551 9732;
Telephone number: +27 (0) 21 551 2839;
Website address: http://www.rogz.com;
E-mail address: email@example.com;
Registration number: 2002/030628/07;
Country of incorporation: South Africa;
Directors: I Raubenheimer, A Fuller.