BluWave provides the BluWave Web site subject to the user's compliance with the terms and conditions stated below.
PLEASE READ THIS BEFORE ACCESSING THE BLUWAVE SITE. BY ACCESSING THE BluWave SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE BluWave SITE.
1. Rules
While visiting the BluWave Site, you may not:
- Post, transmit or otherwise distribute information constituting or encouraging conduct that would constitute a criminal offence or give rise to civil liability, or otherwise use the BluWave Site in a manner which is contrary to law or would serve to restrict or inhibit any other user from using or enjoying the BluWave Site or the Internet.
- Post or transmit any information or software, which contains a virus, trojan horse, worm or other harmful or disruptive component.
- Upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the BluWave Site which is protected by copyright, or other intellectual property right, or derivative works with respect hereto, without obtaining permission of the copyright owner or right holder.
2. Monitoring
BluWave has no obligation to monitor the BluWave Site. However, you agree that BluWave has the right to monitor the BluWave Site electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate the BluWave Site properly, or to protect itself or its subscribers. BluWave will not intentionally monitor or disclose any private electronic-mail message unless required by law. BluWave reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this Agreement.
3. Buying over the Internet
When making purchases or conducting other transactions through the BluWave Site or the Internet, you may be asked by the Merchant or Information or Service Provider, to supply certain information, including credit card or other payment mechanisms. You agree that all information you provide any merchant or Information or Service Provider through the BluWave Site will be accurate and complete. You agree to pay all charges incurred by you or other users of your account or credit card or other payment mechanisms at the prices in effect when such charges are incurred. You also will be responsible for paying all applicable taxes, if any, relating to purchases on the BluWave Site. BluWave is in no way responsible for any charges you or any user of your account incurs when making purchases or other transactions in this manner.
4. Limitation of Liability
BluWave takes no responsibility for the accuracy or validity of any claims or statements contained in the documents and related graphics on the BluWave Site. Further, BluWave makes no representations about the suitability of any of the information contained in documents and related graphics on the BluWave Site for any purpose. All such documents and related graphics are provided without warranty of any kind. In no event shall BluWave or its suppliers or affiliates be liable for any damages whatsoever, including special, indirect or consequential damages, arising out of or in connection with the use or performance of information available from the service.
5. Recourse
If you are dissatisfied with the BluWave Site or with any terms, conditions, rules, policies, guidelines, or practices of BluWave in operating the BluWave Site, your sole and exclusive remedy is to discontinue using the BluWave Site.
6. Confidential Information
You authorise BluWave to collect from any party and to retain all relevant information relating to your use of the BluWave Site, and you hereby authorise any party to provide us with such information.
7. Indemnity
You agree to defend, indemnify and hold BluWave and its affiliates, suppliers and related companies harmless from any and all liabilities, costs and expenses, including reasonable attorneys' fees, related to any violation of this Agreement by you or users of your account, or in connection with the use of the BluWave Site or the Internet or the placement or transmission of any message, information, software or other materials on the BluWave Site or on the Internet by you or users of your account.
8. Trademarks
BluWave and other trade marks, logos and icons identifying BluWave and BluWave products and services referenced herein are trademarks or registered trademarks of BluWave. All other product and/or brand or company names mentioned herein are the trademarks of their respective owners.
9. Miscellaneous
This Agreement, including any and all documents referenced herein, constitute the entire agreement between BluWave and the user pertaining to the subject matter hereof. BluWave's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provisions or right. If any of the provisions contained in this Agreement were determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions contained herein. This Agreement shall be governed by and construed in accordance with the prevailing laws of South Africa.
Privacy Statement
General
BluWave respects the privacy of every individual who visits our websites or responds to our interactive advertisements. This Privacy Statement outlines the information BluWave will collect and how we will use that information. This Statement will also instruct you on what to do if you do not want your personal information collected or shared when you visit BluWave websites or respond to our advertisements.
I. Personally-Identifiable Information
BluWave will not collect any personally-identifiable information about you (that is, your name, address, telephone number, or email address) unless you provide it to us voluntarily.
If you do not want your personally-identifiable information collected, please do not submit it to us. If you have already submitted this information and would like for us to remove it from our records, please contact us at the Web site, listed at the bottom of this Statement. We will use reasonable efforts to delete your information from our existing files.
When you do provide us with personally-identifiable information, we may use that information in the following ways, unless stated otherwise: we may store and process that information to better understand your needs and how we can improve our products and services; we may use that information to contact you; and we may provide that information to third parties.
II. Children
BluWave has no intention of collecting any personally-identifiable information (that is, name, address, telephone number, or email address) from individuals under thirteen years of age. Where appropriate, BluWave will specifically instruct children not to submit such information on our websites or advertisements. If a child has provided us with personally-identifiable information, a parent or guardian of that child should contact us at the email address or phone number listed at the bottom of this Statement if they would like this information deleted from our records. We will use reasonable efforts to delete the child's information from our existing files.
III. Non-Personally-Identifiable Information Collected Automatically
In some cases, we may collect information about you that is not personally-identifiable. Examples of this type of information include the type of Internet Browser you are using, the type of computer operating system you are using, and the domain name of the website from which you linked to our site or advertisement.
IV. Information We May Place Automatically On Your Computer's Hard Drive
When you view one of our websites or advertisements, we may store some information on your computer. This information will be in the form of a "Cookie" or similar file and will help us in many ways. For example, Cookies allow us to tailor a website or advertisement to better match your interests and preferences. With most Internet Browsers, you can erase Cookies from your computer hard drive, block all Cookies, or receive a warning before a Cookie is stored. Please refer to your Browser instructions or help screen to learn more about these functions.
V. Who to Contact
If you have submitted personally-identifiable information through a BluWave website or interactive advertisement, and would like that information deleted from our records, please email us and provide us with the requested information. We will use reasonable efforts to delete this information from our existing files.
