Disclaimer and Terms or Conditions of Use The Centre for Constitutional Rights (“the CFCR”) is a unit of the FW de Klerk Foundation, which is a Trust (registration number T1863/99) a non­‐profit organization (registration number 031 061 NPO) and a Public Benefit Organization (registration number PBO 930004278).

The CFCR provides this internet website. Your use of the website is subject to the following terms and conditions that the CFCR may revise at any time, with the revised terms taking effect as of the date of posting. 

 

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

By using this site, you signify your assent to these terms and conditions of use. If you do not agree to these terms and conditions of use, you may not use the website.

 

Use of Proprietary Information on this Website

The CFCR maintains this website for your personal information and education. You may download or print the Proprietary Information on this website for your own non-­‐ commercial, educational, private or domestic use only. You may not delete or change any copyrighted matter, trademark, or other intellectual property, or distort, mutilate or otherwise modify the Proprietary Information in a manner that may be prejudicial to the CFCR. You should assume that everything you see or read on the website (such as images, photographs, illustrations, icons, texts, video clips, written and other Proprietary Information) is copyrighted and protected under treaty provisions and world-­‐wide copyright laws, unless otherwise noted, and is the property of or is licensed to the CFCR (“CFCR’s Proprietary Information”). You may not sell, reproduce, distribute, modify, display (whether on any other website or in a networked computer environment for any purpose), publicly perform, prepare derivative works based on, report or otherwise use any of the CFCR’s Proprietary Information in any way for any public or commercial purpose. If you violate any of these terms your permission to use the CFCR’s Proprietary Information will automatically terminate and you must immediately destroy any copies you have made of it. 

 

Your Submissions or Communications

Any communication or material you transmit to the website by electronic mail or otherwise, including but not limited to any data, questions or answers, comments, suggestions, or the like, will be treated as non‐confidential and non‐proprietary by the CFCR.

By posting communications to the website, you automatically grant the CFCR a royalty­‐free, perpetual, irrevocable non­‐exclusive licence to use, reproduce, modify, publish, edit, translate, distribute, perform, and display such communication(s) alone, or as a part of other works, in any form, media, or technology, and to sublicense such rights to anyone. Anything you transmit or post may be used by the CFCR or licensed to others by the CFCR for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast and posting, or developing, manufacturing and marketing products using such information.

 

Privacy

The CFCR analyses aggregate and identifiable data relating to usage of this site. E-­‐mail addresses and other personally identifying data about you are made known to CFCR when submitted to us. In addition, we may use previously submitted e-­‐mail addresses and other contact information in any way we see fit. 

 

Disclaimer

The information on this site is intended for general information purposes only and is not intended to serve as advice. Whilst the CFCR tries to ensure that the information on this site is accurate and complete, much of the information is supplied to us by third parties. The CFCR is not able to check the accuracy or completeness of the information. Your use of the website is at your own risk. The CFCR does not warrant or represent that the CFCR’s Proprietary Information is accurate, error-­‐free, truthful or reliable or that your use of the CFCR’s Proprietary Information will not infringe rights of third parties. The CFCR does not warrant that the functional aspects of the website will be error-­‐free or that the server that makes it available is free of viruses or other harmful components. If your use of this website or the CFCR’s Proprietary Information necessitates servicing or maintenance or the replacement of property, material, equipment or data, the CFCR would not be responsible for such costs. Without limiting the foregoing, everything on the web site is provided to you “AS IS” and “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF REASONABLE CARE AND SKILL, OR NON-­‐INFRINGEMENT. The CFCR makes no warranties about the accuracy, reliability, completeness, or timeliness of the CFCR’s Proprietary Information, software text, graphics, and links, or about results to be obtained from using the website.

Trademark Notice

The trademarks, logos and service marks that you see on this site are registered or unregistered trademarks of the CFCR or its affiliates or are licensed to the CFCR by third parties. Nothing contained on the website should be construed as granting, by implication or estoppel or otherwise, any licence or right to use any trademark displayed on this website without the written permission of the CFCR or third party who owns the trademark. Your misuse of any trademark displayed on the website, or any other content on the website, except as provided herein, is strictly prohibited.

 

Copyright Notice

All contents of this CFCR website are subject to copyright protection and reproduction of the content, or any part thereof, is prohibited without prior consent from the CFCR. © The Centre for Constitutional Rights, 2009. All rights reserved.

 

Links

On this site you may be offered links to other sites operated by parties other than the CFCR. The inclusion of any link to such sites does not imply endorsement by the CFCR of the sites or the services or products offered on such sites. The CFCR has not reviewed all of the sites linked to this website and is not responsible for the content or accuracy of any other sites linked to this web site. Your linking to any other sites is at your own risk. You may not establish a link to this website from a third party site, unless:

• The link does not imply any association, endorsement or sponsorship by the CFCR of such site or any products or services offered on such site.
• The link is to the CFCR home page at Error! Hyperlink reference not valid.
• The linked pages from the website are displayed without alteration of any kind; specifically, you may not cause a user’s web browser to display a “framed” version of this website in response to activating a link.

 

Termination

You agree that the CFCR may terminate your use of the website if the CFCR reasonably believes that you have violated or acted inconsistently with the letter or spirit of these term and conditions of use, or violated the rights of the CFCR or any third party, or for any reason with or without notice to you. You agree that the CFCR may modify or discontinue this website, with or without notice to you. You agree that the CFCR will not be liable to you or any third party as a result of such modification or discontinuation. The paragraphs entitled “Your Submissions and Communications”, “Disclaimer”, “Limitation of Liability” and “General Provisions” will survive termination of this Agreement.

 

Limitation of liability

 

Under no circumstances whatsoever shall the CFCR be liable for any loss arising out of or in connection with the use of information available from this website whether direct or indirect including, without limitation, any liability relating to any loss of use, interruption of business, lost profits or lost data, or incidental, special or consequential damages of any kind regardless of the form of action, whether in contract, tort (including fault) or otherwise.

 

Enforceability

If any of the foregoing is not fully enforceable for any reason, the remainder shall nonetheless continue to apply.

 

Jurisdiction

These terms and conditions shall be governed by and construed in accordance with the laws of the Republic of South Africa without giving effect to any principles of conflict of law. You hereby consent to the exclusive jurisdiction of the High Court of South Africa in respect of any disputes arising in connection with your use of this website, or these terms and conditions or any matter related to or in connection therewith.

 

General provisions

Unless otherwise specified, the information and Proprietary Information on this site are presented solely for informational purposes. The CFCR makes no representation that the CFCR’s Proprietary Information is appropriate or available for use in every country of the world. 

• You use this website at your own risk and are responsible for compliance with applicable local laws, keeping in mind that access to the CFCR’s Proprietary Information may not be legal by certain persons or in certain countries.
• Any cause of action you may have with respect to this website must be commenced within three years after the claim or cause of action arises or such claim or cause of action is deemed to be barred by mutual agreement.
• The waiver by the CFCR of a breach of any provision of this Agreement will not be interpreted as a waiver of any other or subsequent breach.

The Centre For Constitutional Rights
PO Box 15785
Panorama
7506
Cape Town
Republic of South Africa