TERMS AND CONDITIONS OF USE
These Terms and Conditions of Use ("Terms of Use") govern your access to and use of the Chipin website located at chipin.co.za, including all associated sites linked to chipin.co.za and any mobile application described as Chipin (collectively, "the Site"). The Site is the sole and exclusive property of Chipin ("CI"). By accessing and using the Site, you agree to abide by these Terms of Use.
Changes to Terms of Use
CI reserves the right to modify, amend, or remove sections of these Terms of Use at its discretion and without prior notice. It is your responsibility to review these Terms of Use periodically for any updates or changes. Your continued use of the Site following any modifications constitutes acceptance of the revised Terms of Use.
Content Ownership
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to CI and is protected by copyright and trademark laws, and various other intellectual property rights and unfair competition laws. Except as expressly permitted by these Terms of Use, no portion of the Site or its Content may be reproduced, distributed, transmitted, or used for any commercial purpose without CI's prior written consent.
User Conduct
You are prohibited from employing any automated tools or manual processes such as "deep-linking," "page-scraping," "robots," "spiders," or similar methods to access, copy, or monitor any part of the Site or its Content, or to bypass the Site's navigational structure or presentation. Unauthorized attempts to access any portion of the Site, its features, or connected systems or networks, including CI servers, are strictly forbidden. Additionally, you must not engage in probing, scanning, or testing the Site's vulnerability or breach its security measures. Exploiting the Site or its services to obtain information about other users or visitors, or interfering with the Site's proper functioning, transactions, or another person's use of the Site is not allowed. Any use of the Site or its Content for unlawful purposes, including those prohibited by relevant laws such as the Electronic Communications Act 25 of 2002, or for activities that infringe upon CI's or others' rights, is strictly prohibited.
Access and Registration
To access the Site, you'll need to register and create your own login credentials. It's your responsibility to keep your login information confidential and to monitor all activity under your profile. If you suspect any unauthorized use of your profile or login details, you must promptly inform CI. However, you could be held responsible for any losses incurred by CI or other users due to unauthorized use of your profile. Using someone else's profile or login information without their explicit consent is strictly prohibited. CI bears no responsibility for any loss or damage resulting from your failure to adhere to these obligations.
Links to Third-Party Sites
The Site may contain links to third-party websites ("Linked Sites") for your convenience. CI does not endorse or control these Linked Sites and is not responsible for their content. Your use of Linked Sites is at your own risk, and you should review the terms and conditions and privacy policies of any third-party site that you visit.
Disclaimers
You acknowledge that the product information, specifications, and advertising material on the Site are provided and approved by the respective vendors listed therein. CI does not guarantee the accuracy of this information or its suitability for any particular purpose. CI bears no liability for any claims, damages, or losses resulting from the use of product information and specifications on the Site. Redeemable points for purchasing products will remain available as long as they are provided by third-party vendors.
CI makes no promises regarding the error-free or uninterrupted operation of the Site or its Content, services, or features. The Site and its Content are provided on an "as is" and "as-available" basis. All information on the Site is subject to change without notice. CI cannot guarantee that any files or data downloaded from the Site will be free of viruses or other harmful features. CI disclaims any liability for the actions, omissions, or conduct of third parties related to your use of the Site.
You are solely responsible for your use of the Site and any linked sites. If you are dissatisfied with the Site or its Content, your only recourse is to stop using the Site. This limitation of liability is part of the agreement between you and CI.
The disclaimer above applies to any damages, liabilities, or injuries caused by factors such as performance failure, errors, interruptions, viruses, theft, or unauthorized access, whether due to breach of contract, negligence, or any other cause of action.
CI reserves the right to modify, suspend, or terminate access to the Site at any time without notice. This includes modifying the Site, its terms, or policies, as well as interrupting Site operations for maintenance or other changes.
Limitation of Liability
Except where prohibited by law, CI shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising out of your use of the Site or its Content. Your sole remedy for dissatisfaction with the Site is to discontinue use of the Site.
Indemnification
You agree to indemnify and hold CI harmless from any claims, losses, liabilities, or expenses arising out of your use of the Site or violation of these Terms of Use.
Violation of These Terms of Use
In the event of a violation of these Terms of Use, CI reserves the right to disclose any information about you, including your identity, if deemed necessary for investigating complaints related to your use of the Site. This may include identifying, contacting, or taking legal action against individuals causing harm or interference to CI's rights, property, or the rights of other Site users. CI may disclose such information to comply with applicable laws, regulations, legal processes, or governmental requests.
CI retains the discretion to terminate your access to the Site and block future access without prior notice if it determines that you have violated these Terms of Use or any associated agreements or guidelines. If legal action is taken against you due to such violations, you agree to compensate CI for all attorney's costs incurred on an attorney and own client scale, in addition to any other remedies granted to CI. You acknowledge that CI will not be liable to you or any third party for the termination of your Site access resulting from a violation of these Terms of Use.
Governing Law
These Terms of Use are governed by the laws of the Republic of South Africa. Any disputes arising from these Terms of Use shall be subject to the exclusive jurisdiction of the courts of South Africa.
Transmission of Information (data)
Information that is transmitted over the http network (“Internet”) may be vulnerable to third-party interception and unlawful access. CI (including its holding company, all subsidiary, and associated companies) will not be held liable for any loss or damage that you may suffer as a result of this occurring.
Liability Disclaimer
CI disclaims any warranties, expressed or implied, as to the integrity of the information provided by any third parties. Its Agents, its Employees, and any affiliated entities hereby disclaim all liability to the maximum extent permitted by applicable law (in South Africa and Internationally) for any loss or damage directly, indirectly, special, consequential, or punitive as a result of using our website or from any information gathered from the site.