1. This service is operated by LAURIE KOHRS (we, us or our).
2. These terms and conditions include general terms and conditions for use of this site, terms and conditions relating to the services provided by Laurie Kohrs on the site and in our premises.
3. We may revise these terms and conditions from time-to-time. Please check this page regularly to ensure you are familiar with the current version.
6. As long as you comply with these Terms and Conditions and any modifications hereto as permitted below, Laurie Kohrs grants you a personal, non-exclusive, non-transferable, non-sub licensable, limited privilege to enter and use the Site.
7. If you disagree with any part of these terms and conditions, do not use our website or services.
Governing Law and Jurisdiction
This Website is hosted, controlled and operated from the Republic of South Africa and therefore governed by South African law and, subject to the ‘Disputes’ clause of these T&C, you and Laurie Kohrs submit to the non-exclusive jurisdiction of the South African courts.
In these terms and conditions, the following definitions apply: “Services” means any information and services ordered and/or provided by Laurie Kohrs through or via the Site or our premises and all services offered as part of any quote, service delivery, lecture, advice or workshop. Any electronic information supplied to you by Laurie Kohrs will constitute part of “Service” not a Product and cancellation rights will apply accordingly. “Products” means any products offered for sale on the Site or in Laurie Kohrs premises. “Site” means the web site at the URL www.Laurie Kohrs.co.za or replacement site(s) from time to time.
Use of this Site
Use of our Services
1. You agree to use our Services for lawful purposes only and in a way that does not infringe the rights of or restrict or inhibit any person’s use and enjoyment of our Services and in compliance at all times with these Terms and with all laws and regulations that apply.
2. In accessing our Services, you agree that you will only access its contents for your own personal and non-commercial use and not for any commercial or other purposes, including advertising or selling any goods or services. You also agree not to adapt, alter or create a derivative work from any content on our Services except for your own personal, non-commercial use. You will need our prior written permission if you want to use any content on our Services for any other reason.
4. You also agree that Laurie Kohrs may, in its sole discretion and without prior notice to you, terminate your access to the Site and your Account for any reason, including without limitation: (1) attempts to gain unauthorized access to the Site or assistance to others’ attempting to do so, (2) overcoming software security features limiting use of or protecting any Material, (3) discontinuance or material modification of the Site or any service offered on or through the Site, (4) violations of the Terms and Conditions, (5) failure to pay for subscriptions or purchases, (6) suspected or actual copyright infringement, (7) unexpected operational difficulties, or (8) requests by law enforcement or other government agencies. You agree that Laurie Kohrs will not be liable to you or to any third party for termination of your access to the Site.
5. If you are under 16 you will need to obtain your parent’s or guardian’s permission before using any interactive features of our Services, such as or uploading any content onto our Services. If you are under 16 you must not reveal any personal information about yourself or anyone else, including your telephone number, home address or email address, to us or to any other user of our Services
6. We make no representation that any of the content on our Services is appropriate or available for use in your country. You are responsible for ensuring that your use of our Services is in compliance with all applicable local laws and regulations.
7. You may view, download and print pages or other content from the website, provided that: (a) you must not republish material from this website (including republication on another website), or reproduce or store material from this website in any public or private electronic retrieval system. (b) you must not reproduce, duplicate, copy, sell, resell, visit, or otherwise exploit our website or material on our website for a commercial purpose, without our express written consent.
Save for Laurie Kohrs being liable to you under the Consumer Protection Act 68 of 2008 (“CPA”) in relation to any products sold by Laurie Kohrs. Neither Laurie Kohrs nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this Website or the services or content provided from and through this Website. Furthermore, Laurie Kohrs makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this Website are free from errors or omissions or that the service will be 100% uninterrupted and error free. You are encouraged to report any possible malfunctions and errors via email (info@Laurie Kohrs.co.za).
Although the products sold via the Website, Laurie Kohrs or our Agents, may be under warranty, the Website itself is supplied on an “as is” basis and has not been compiled or supplied to meet your individual requirements. It is your sole responsibility to satisfy yourself prior to accepting these T&C that the service available from and through this Website will meet your individual requirements and be compatible with your hardware and/or software.
Information, ideas and opinions expressed on this Website should not be regarded as professional advice or the official opinion of Laurie Kohrs and you are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this Website.
Defects, Returns, Refunds, Payments & Guarantees
Unless otherwise set forth on the applicable portion of the Site for particular products or services, all sales of products and services are final and all charges from those sales are non-refundable.
Should you not be satisfied with any product purchased by you by reason of a defect, incorrect choice of product, or otherwise, you may, under certain circumstances, be entitled to either be refunded or have the product repaired or replaced, as the case may be. Some of our products and services are governed by warranties and guarantees. These will be discussed with you during installation and purchase.
For any form of payment we offer or accept, you hereby agree to all restrictions, terms and conditions associated with such form of payment. Your card issuer agreement governs your use of your designated card, and you must refer to that agreement and not these Terms and Conditions to determine your rights and liabilities as a cardholder. YOU, AND NOT LAURIE KOHRS , ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY. You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. Unless you notify Laurie Kohrs of any discrepancies within sixty (60) days after they first appear on your credit card statement, you agree that they will be deemed accepted by you for all purposes. If Laurie Kohrs does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by Laurie Kohrs or its agents. You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales, use or value-added taxes.
No Responsibility To Sell Mispriced Products Or Services
Laurie Kohrs shall have the right to refuse or cancel any orders placed for products and/or services listed at an incorrect price, rebate or refund, or containing any other incorrect information or typographical errors. Laurie Kohrs shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Laurie Kohrs shall immediately issue a credit to your credit card account in the amount of the charge.
Modifications to Prices or Billing Terms
1. LAURIE KOHRS RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND BILLING METHODS FOR PRODUCTS OR SERVICES SOLD, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SITE OR BY E-MAIL DELIVERY TO YOU.
2. Information displayed on the Site or in our premises as to pricing and availability is subject to change by Laurie Kohrs without notice.
Promotions, Sweepstakes and Contests
On occasion, Laurie Kohrs or certain advertisers or suppliers to this Site may elect to conduct certain promotions, sweepstakes or contests (collectively, “Promotions”) on this Site. Each such Promotion may have specific rules and regulations, which will be made available to users and which shall be deemed incorporated in and become a part of these Terms and Conditions.
No contract will exist in relation to the Services or Products until we have confirmed to you by email the particulars of your order, the value of your order and the Products or Services (as applicable) you have purchased.
When you communicate with Laurie Kohrs electronically, via email or otherwise, when you set up an Account with Laurie Kohrs and each time you make a purchase from, or stream or download a Digital Download from, the Site, you consent to receive electronic communications from Laurie Kohrs . You agree that all communications (including, but not limited to all notices, agreements and disclosures) provided to you electronically by Laurie Kohrs satisfy any legal requirement that such communication be in writing. If you receive marketing e-mails from Laurie Kohrs and wish to opt out, you may send an e-mail to us at unsubscribe@Laurie Kohrs.co.za or follow the opt-out procedures set forth in such marketing e-mails.
Copyright Infringement Policy
Laurie Kohrs values intellectual property and respects the intellectual property rights of others, and will remove materials on its Site that infringe the copyrights of others or that Laurie Kohrs has a good belief infringes, and may terminate the offending user’s account privileges. If you believe that your copyrighted material may have been infringed by material contained on the Site, then you may notify Laurie Kohrs ’s Designated Agent in writing by sending an email to info@Laurie Kohrs.co.za
In your notice, you must include the following:
(i) a physical or electronic signature of the owner of an exclusive right that is allegedly being infringed or of a person authorized to act on behalf of such owner;
(ii) identification of the copyrighted work(s) that is (are) allegedly being infringed;
(iii) identification of the materials that are allegedly causing the infringement and that are desired to be removed, along with sufficient information to allow us to locate such materials;
(iv) contact information (i.e., name, address, email address) sufficient to enable Laurie Kohrs to contact you;
(v) a statement to the effect that you have a good faith belief that the complained of use of the material was not authorized by the owner of the copyright, its agent or the law; and
(vi) a statement that the information in the notification is accurate, and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner of the exclusive right that is allegedly being infringed.
Intellectual property Rights
1. All information, data, text, documents, graphics, logos, designs, images, pictures, photographs, videos, podcasts, weblogs, RSS feeds, widgets, embeddable media players, software, interactive features, advertisements or other content, services or materials (or any part of them) accessible on our Services (Materials) are protected by copyright, trade marks, database rights and other intellectual property rights and are owned by or licensed to us or are otherwise used by us as permitted by applicable law or regulation. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise, any licence or right to use the Materials other than as permitted in these Terms.
2. Except as specifically permitted on our Services, you undertake not to copy, store in any medium (including on any other website), distribute, transmit, re-transmit, re-publish, broadcast, modify, or show in public any part of our Services without our prior written permission (and the prior written consent of the owner of the relevant intellectual property rights as and if applicable) in accordance with the Copyright, Designs and Patents Act 1988.
3. Unless otherwise stated, we own the intellectual property rights in the website and material on the website. Subject to the licence below, all our intellectual property rights are reserved.
4. You may use the Site for personal and lawful use and in accordance with these terms and you are not allowed to copy or use any material from the Site for any commercial purpose.
5. You must not use the Site to post, upload or otherwise transmit material which is obscene or pornographic, threatening, menacing, racist, offensive, defamatory, infringing of any intellectual property or otherwise unlawful, to harass, stalk, threaten or otherwise violate the rights of others, to misrepresent your identity or status, to hack into this Site or any other related computer system, to make excessive traffic demands, deliver viruses or forward chain letters or similar materials that may reasonably be expected to inhibit other users from using and enjoying the Site or any other web site or damage or destroy the reputation of Laurie Kohrs
6. Laurie Kohrs accepts no obligation to monitor the use of the Site. However, Laurie Kohrs reserves the right to disclose any information as required by law and/or to remove, refuse to post or to edit any information or materials, to block your access and to take such other action as may be reasonably necessary to prevent any breach of these terms and conditions or any breach of applicable law or regulation. Laurie Kohrs will also in its absolute discretion fully co-operate with law enforcement and other relevant authorities with respect to any investigation of suspected unlawful activity or violation of network security. You should refresh your browser each time you visit the Site to ensure that you download the most up to date version of the Site as we may change the site from time to time.
User Contributions to our Site and Services
PLEASE READ THIS SECTION CAREFULLY BEFORE UPLOADING OR OTHERWISE TRANSMITTING ANY CONTENT TO THE SITE. IF YOU DO NOT WANT TO GRANT US THE PERMISSIONS SET OUT IN THESE TERMS, PLEASE DO NOT SUBMIT YOUR CONTRIBUTION TO THE SITE.
1. We may now or in the future enable users to transmit and/or submit (submit) contributions (including without limitation any text, photographs, graphics, video or audio material) to our Services (User Contributions).
2. Whenever you make use of a feature that allows you to submit User Contributions or to make contact with other users of our Services, you must comply with the content standards set out in the Code of Conduct. You promise that any User Contribution complies with the Code of Conduct and you will fully reimburse us for any costs arising from breach of your promise.
3. You remain the owner of the copyright in any original User Contribution that you submit. By submitting any User Contribution to any of our Services (including without limitation any forum, blog, social network, discussion page, photo album or video uploading facility) and in consideration of us making available to you the opportunity to upload any User Contribution (which you acknowledge as a sufficient benefit to you), you irrevocably and unconditionally grant us free of charge a non-exclusive, worldwide, royalty-free, sub-licensable licence of the entire right, title and interest in and to such User Contribution so that we and any successor may use the User Contribution in any way, including without limitation the right to copy, reproduce, modify, edit, adapt, reformat, translate, create derivative works from, incorporate into other works, transmit, distribute, perform, play, broadcast, commercialise and otherwise make available to the public such User Contribution (whether in whole or in part or copies of the same) in any format or medium currently known or developed in the future for the full period during which such rights subsist (including all renewals, revivals, reversions and extensions of the same) and thereafter to the fullest extent possible in perpetuity.
4. The permission you have granted to us is not exclusive and therefore you may continue to use the User Contribution in any way in any medium, including allowing others to use it, provided such use does not interfere with or impair the rights you have granted to us.
5. You authorise us to grant and we hereby grant to each user of our Services a non-exclusive licence to view, hear, read, stream, download, link to and otherwise access your User Contributions to our Services through our Services and otherwise to use such User Contributions as permitted through the functionality of our Services and in accordance with these Terms.
6. You shall be solely responsible for your User Contributions and the consequences of submitting them to our Services. You promise that:
1. the User Contribution is your own original work and you own the entire right, title and interest in and to the User Contribution and/or you have all necessary licences, rights, consents and permissions to use and to authorise us to use any and all intellectual property rights (including without limitation copyright) in such User Contribution to enable us to use the User Contribution in the manner contemplated by these Terms;
2. nothing in the User Contribution is defamatory, obscene, indecent, pornographic, sexually explicit, harassing, threatening or offensive, incites racial, cultural or religious hatred, impersonates or appears to impersonate any other person, is in contempt of court, violates any law or regulation or encourages conduct that would amount to a criminal offence (including without limitation any conduct that would be considered an offence under the Terrorism Act 2006) or give rise to a civil liability and/or is otherwise objectionable and/or an infringement of any UK or other applicable law or regulation;
3. you will not collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any material, data or information, whether personally identifiable or not, posted by or concerning any other person, firm or enterprise, in connection with your User Contribution or in connection with your use of our Services, unless you have obtained the express, prior permission of such other person (or their parent or guardian if such other person is under 16), firm or enterprise to do so;
4. the User Contribution does not contain any virus, corrupt file, cancelbot, worm programme or other malicious code designed to interrupt, destroy or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, nor any adware, spy ware, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information;
5. you shall not forge any TCP/IP packet header or part of the header information in any User Contribution for any reason;
6. you shall not submit any material or perform any actions that result in the transmission of junk email, chain letters, surveys, contests, pyramid selling schemes, duplicative or unsolicited messages or so-called “spamming” and “phishing”; and
7. we shall not be required to pay or incur any sums to any person or entity as a result of our use or exploitation of any User Contribution.
8. You shall, and will procure that any necessary third parties shall, do all such further acts and execute and deliver all such other documents as may be reasonably requested by us to confirm the licences and rights granted under these Terms.
9. All User Contributions will be considered non-confidential and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose relevant information to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, their right to privacy or any UK or other applicable law or regulation.
10. Laurie Kohrs has no control over, and does not endorse, any User Content and expressly disclaims any and all liability in connection with any User Content. However, in connection with User Content posted at this Site, in addition to all other rights it has under these Terms and Conditions and at law or in equity, Laurie Kohrs reserves the right in its sole and absolute discretion, to: (i) remove without notice, or refuse to post in the first instance, any User Content; and/or (ii) revoke any user’s right to use this Site.
Use of Materials
1. We are entitled at our option, but are not obliged to (a) actively review User Contributions to our Services; and/or (b) remove any User Contributions submitted to our Services by you or any other user if, in our opinion, such User Contributions do not comply with these Terms.
2. We reserve the right in our sole discretion at any time without liability and with or without prior notice (a) not to post any User Contribution on our Services; (b) to remove or suspend or disable access to any User Contributions; (c) to revoke your registration (where applicable) and right to access and/or use our Services or submit any User Contributions; and (d) to use any technological, legal, operational or other means available to enforce these Terms, including without limitation blocking specific IP addresses or deactivating your registration and/or user name and password (where applicable).
3. If you are a rights-owner (or an agent acting for a rights-owner) and believe that any content (including any User Contribution) appearing on our Services infringes your rights and you wish us to remove it or suspend or disable access to it, please send a notice by email with the subject line “Removal request” to the general e-mail address listed on the Contact Us page of the website on which the content appears.
4. In your e-mail, you need to provide us with the following information:
1. details of the content that you claim is infringing or which is the subject of infringing activity, together with information reasonably sufficient to permit us to locate the content (including a URL and/or screen shot);
2. information reasonably sufficient to permit us to contact you, such as a postal address, telephone number and, if available, an e-mail address; and
3. a statement by you that:
4. you are the rights-owner or are duly authorised to act on the rights-owner’s behalf;
5. you believe in good faith that use of the content in the manner complained of is not authorised by the rights-owner or the rights-owner’s agent or by law; and
6. the information in the notification is true and accurate.
7. Materials on this Site (including those streamed or downloaded from the Site), including but not limited to software, images, text, graphics, music, videos, long form programs, user interfaces, logos and trademarks, along with the overall “look and feel” of the Site (collectively referred to as the “Material”), are owned or licensed by Laurie Kohrs and are protected under various intellectual property laws.
8. Except as otherwise indicated on this Site, copying, reproduction, uploading, downloading, transmitting or any other use of the Material, in whole or part, without the express written permission of Laurie Kohrs , is prohibited. However, if you have an Account (described below) with Laurie Kohrs , you may, copy, reproduce, download, transmit and/or print individual pages contained on this Site and stream and/or download digital class videos for your personal, non-commercial use, provided you agree not to conceal, remove or alter any trademark, copyright or other notice contained on: (i) this Site; (ii) any of the Material; or (iii) any such individual pages so copied, reproduced, downloaded, transmitted or printed or digital class videos streamed or downloaded. Or, if you are a member of the press, you may access, download and use photographs available for press purposes from the “Media Downloads” section of the Site solely for your press publications provided you do not conceal, remove or alter any trademark, copyright or other notice printed on or accompanying such photographs. Your use hereunder does not grant you any ownership rights to such Material and Laurie Kohrs and its licensors reserve all rights to such Material. You may not reverse engineer, decompile, disassemble, or modify any Material, or copy, reproduce, download, transmit and/or print substantial portions of this Site or the Material contained hereon without the express written permission of Laurie Kohrs . Any unauthorized use of this Site and/or the Material may subject you to criminal prosecution and/or civil liability under applicable law.
Reliance on Information on our Services
1. Information published via our Services is intended solely for the purpose of providing general information and is not intended to amount to advice on which reliance should be placed. We do not warrant that any Materials are accurate or free from error and we disclaim all liability and responsibility arising from any reliance placed on any content on our Services by you or by anyone who may be informed of any of the contents of our Services.
2. You acknowledge that when using our Services you may be exposed to Materials from a variety of sources and that we are not responsible for the content, truth, accuracy, usefulness or safety of such Materials. We do not endorse any User Contributions or any opinion, recommendation or advice expressed in any User Contribution and we disclaim any and all liability in connection with such User Contributions or other material.
3. We aim to update our Services regularly and may change the content at any time. We may suspend access to our Services, or close them indefinitely at any time at our sole discretion. The Materials may be out of date at any given time and we are under no obligation to update them.
Warranties and Disclaimer
1. Our Services are provided “AS IS” and on an “AS AVAILABLE” basis without any representation or endorsement of any kind. To the fullest extent permitted by applicable law, we disclaim all warranties, conditions and other Terms of any kind, express or implied, in connection with our Services and your use of our Services (including, without limitation, as to satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy).
2. We do not warrant that the functions contained in any Materials on our Services will be uninterrupted or error-free, that defects will be corrected or that our Services or the servers that makes them available are free of viruses or bugs.
3. Laurie Kohrs warrants that the Products and Services will be supplied with reasonable skill and care.
4. Laurie Kohrs will supply information on warrantees and guarantees where applicable and these will be subject to the terms and limitations of the suppliers. Laurie Kohrs will outline any warranties on services provided by us.
Limitation of Liability and Use Disclaimer
1. We accept no liability in respect of any User Contributions submitted by any of our users. Your use of our Services, the Materials and/or any User Contributions is entirely at your own risk.
2. To the fullest extent permitted by law, we and third parties connected to us hereby expressly exclude any liability for any direct, indirect, consequential, special or exemplary loss or damage (whether such losses were foreseen, foreseeable, known or otherwise) arising from, out of or in connection with the use of our Services, including without limitation: (a) injury and/or damage to persons or property as a result of any statement, including any actual or alleged defamatory statement; (b) losses suffered by any third party, including infringement of any intellectual property or privacy rights; (c) loss of data; (d) loss of revenue or anticipated profits; (e) loss of business or contracts; (f) loss of opportunity; (g) loss of anticipated savings; (h) wasted management or office time; or (i) loss of goodwill or injury to reputation.
3. This does not affect our liability for death or personal injury arising from our negligence, fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable laws or regulations.
4. We shall not be responsible for any breach of these Terms caused by circumstances beyond our control.
5. The information on this website is provided free-of-charge, and you acknowledge that it would be unreasonable to hold us liable in respect of this website and the information on this website. Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on this website is kept up-to-date.
6. Our liability is limited and excluded to the maximum extent permitted under applicable law. We will not be liable for any direct, indirect or consequential loss or damage arising under these terms and conditions or in connection with our website, whether arising in tort, contract, or otherwise – including, without limitation, any loss of profit, contracts, business, goodwill, data, income, revenue or anticipated savings. However, nothing in these terms and conditions shall exclude or limit our liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law.
7. It is also vital that you supply us with correct information about yourself. We cannot be liable for any incorrect information supplied by you to us. We try to make sure that all information contained on this web site (and provided by us to you as part of any Services or Products) is correct, but, subject to the paragraph below, we do not accept any liability for any error or omission and exclude all liability for any action you (your legal representatives, heirs) may take or loss or injury you may suffer (direct or indirect including loss of pay, profit, opportunity or time, pain and suffering, any indirect, consequential or special loss, however arising) as a result of relying on any information on this web site or provided through any Service supplied by us to you.
8. You, your legal representatives and your heirs release waive, discharge and covenant, not to sue Laurie Kohrs and its representatives for any injury or death caused by their negligence or other acts.
9. You are referred to the important liability statement at the top of these terms and conditions. Subject to that statement you agree that your use of this Site and the Service is on an “as is” and “as available” basis. On that basis, except as expressly set out in these terms, Laurie Kohrs does not enter into conditions, warranties or other terms in relation to the Site or the Products or the Services (including any implied term relating to quality, fitness for a particular purpose) or any guaranteed or predicted result.
10. The Site may include links to external sites and co-branded pages. Laurie Kohrs has included links to these sites and co-branded pages to provide you with access to information and services that you may find useful or interesting, However, Laurie Kohrs is not responsible for the content of these site and pages or for anything provided by them.
11. Subject to the important liability statement, Laurie Kohrs is not liable for failure to comply with these terms and conditions due to any event beyond its reasonable control, including, without limitation, the input of incorrect information by you.
12. Certain jurisdictions prohibit the limitation of liability for certain types of damages, and accordingly, such limitations may not apply to you. In such jurisdictions, Laurie Kohrs ’s liability is limited to the greatest extent allowable under applicable law.
You agree to indemnify, defend and hold harmless Laurie Kohrs , its parent, subsidiary and affiliated entities, and each of their respective owners, officers, directors, employees and agents from and against any and all claims, demands, losses, liabilities, damages, costs and expenses (including but not limited to attorneys’ fees) arising from or in connection with: (i) your use of the Site or Materials (whether on the Site, streamed or downloaded); (ii) any violation by you of these Terms and Conditions or your violation of any law, regulation or third-party right; and/or (iii) any User Content submitted by you to the Site. You agree that your representations and warranties, and your obligation to indemnify Laurie Kohrs , shall survive beyond any term that these Terms and Conditions are in effect.
Reimbursement by You
You agree to reimburse us in full and any of our officers, directors, employees, agents, representatives, licensors, suppliers and operational service providers on demand in respect of any and all claims, actions, proceedings, demands, damages, losses, liabilities, costs and expenses suffered or reasonably incurred by us as a result of, or in connection with, your access to and use of our Services other than in accordance with these Terms or any applicable law or regulation.
Viruses, Hacking and Other Offences
1. You must not misuse our Services by introducing, transmitting or arranging the sending of any viruses, corrupt file, cancelbot, Trojan horse, worm, time or logic bomb, keystroke logger, spyware, adware or other material designed to adversely affect the operation of any computer software, hardware or telecommunications equipment or interfere with, wrongly intercept or expropriate any data or personal information. You must not attempt to gain unauthorised access to our Services, the servers on which they are stored or any server, computer or database connected to our Services. You must not attack our Services via a denial-of-service, distributed denial-of service or other type of attack.
2. Any breach of this provision constitutes a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Services will cease immediately.
3. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Services, your downloading of any Materials on our Services or on any materials on any other website linked to it.
Links To and From our Services
Linking from our Services
1. We have no control over the content or availability of third party sites that you may access through our Services and such links are provided for your information only. If you visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements.
2. We do not endorse and are not responsible or liable (directly or indirectly) for any content, advertising, products, services, views expressed or information on or available from third party websites (including without limitation payment for and delivery of any products or services) or for any damage, loss or offence caused by or in connection with your access to and use of such third party sites and any available services. Any Terms, conditions, warranties or representations associated with any dealings on any third party sites are solely between you and the relevant provider of that site and/or any relevant service.
Linking to our Services
1. You may link to the home page of any website within our Services without seeking our further written consent PROVIDED THAT you fully comply with these Terms.
2. You are not permitted to create a link to any part of our Services other than the home page unless you have our prior written consent (and for the avoidance of doubt, such consent shall be deemed given in respect of RSS feeds, widgets and embeddable media players which we may make available PROVIDED THAT you use them in accordance with these Terms and any further instructions published through our Services). We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in the Code of Conduct. Our Services must not be framed on any other site.
3. Any links to our Services must be made in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in any way that suggests any form of association, representation, approval or endorsement on our part where none exists. Links to our Services do not imply that we endorse, are affiliated with or are associated with any linked site or that any linked site is authorised to use any of our trade marks, trade names, brands, logos or copyright symbols or those of any of our affiliates or licensors.
4. Links to our Services are not permitted from the following “Excluded Websites”:
1. websites that incite hatred whether based on race, religion, gender, sexuality or otherwise, or promote encourage or facilitate anti-social behaviour;
2. websites that promote, encourage or facilitate violence;
3. websites that promote, encourage or facilitate terrorism or other activities that risk national security;
4. websites that discriminate against any specific social group or otherwise exploit vulnerable sections of society;
5. websites that promote, facilitate or encourage illegal activity;
6. websites which are misleading, pornographic, defamatory, or that contain illegal, or otherwise actionable content under RSA law; or
7. websites which infringe individual privacy.
5. This Site may contain links to other websites that are not controlled and/or maintained by Laurie Kohrs . Access to and use of such other websites is at your own risk and subject to any terms, conditions and privacy policies that govern such websites, which may be different from those of Laurie Kohrs and/or which may provide their users with less security than this Site. By providing such links, Laurie Kohrs shall not be deemed to endorse, recommend, approve or guarantee any third parties or their services or products, or any facts, views, advice, information and/or products found on such websites. Laurie Kohrs is not responsible for the content contained on any such sites, or for the failure of any product or service offered for sale on any such sites or for any damages that may result therefrom. Copyrights in the materials or information on the linked sites are owned by other organizations.
Advertising And Sponsorship
Parts of or all of the Services may from time to time contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that any materials submitted for inclusion on our Services comply with relevant laws, regulations and codes and these Terms. We shall not be responsible for any error or inaccuracy in such advertising or sponsorship materials.
From time to time certain software which is our protected work or the protected work of our suppliers may be made available to download via our Services. You are licensed to use the software on a non-exclusive basis only for the purposes for which it is indicated. You may not use the software for any other purpose and may not redistribute, sell, decompile, reverse engineer, disassemble or otherwise deal with the software.
4. While Laurie Kohrs takes reasonable steps to safeguard and to prevent unauthorized access to your personal information, we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied, or otherwise, that we will prevent unauthorized access to your private information. IN NO EVENT SHALL LAURIE KOHRS OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY’S UNAUTHORIZED ACCESS TO YOUR PERSONAL INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER LAURIE KOHRS WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.
RSS Feeds, Widgets and Embeddable Media Players
1. By downloading an RSS feed from our Services or by adding our widgets or embeddable media players to a website you agree to be bound by these Terms, including for the avoidance of doubt the terms set out in this “RSS Feeds, Widgets and Embeddable Media Players” section and the terms set out in the section above headed “Linking to our Services”.
2. Subject to these Terms, we grant you a non-transferable, non-sub-licensable, royalty-free, non-exclusive licence to display on your website (Your Website) the active links or other source identifiers and other information or materials that you specifically select to receive either from us via an RSS feed or via our widgets or embeddable media players (Our Content).
3. YOU MAY NOT DIRECTLY OR INDIRECTLY CHARGE USERS SPECIFICALLY FOR ACCESSING OUR CONTENT OR OTHERWISE COMMERCIALISE SUCH CONTENT, NOR ATTEMPT TO RE-SELL OUR CONTENT IN ANY WAY. RSS FEEDS AND/OR WIDGETS AND/OR EMBEDDABLE MEDIA PLAYERS MAY NOT BE USED IN CONNECTION WITH COMMERCIAL ACTIVITIES.
4. You may not directly or indirectly change, edit, add to or produce summaries of Our Content or any content on our Services nor place any of Our Content in an HTML frame-set.
5. We may restrict, suspend or terminate our RSS feeds, the content fed to our widgets or embeddable media players, the licence granted herein or your use or access to the RSS feeds, widgets or embeddable media players or Our Content at any time without liability. You agree to destroy all copies of the RSS feeds, widgets or embeddable media players and all Our Content upon receiving notice of termination from us.
6. You promise that:
1. Your Website is not an Excluded Site and does not contain material which is libelous, defamatory, pornographic, obscene or which may bring us or the Laurie Kohrs into disrepute, or which is in breach of any third party intellectual property rights; and
2. users of Your Website are required to comply with terms that are equivalent to these Terms in relation to their use of Our Content.
Order of Precedence
If there is any conflict between these Terms and any specific terms appearing elsewhere on our Services relating to specific material (including the Code of Conduct), then the latter shall prevail.
If any of these Terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these Terms and the remaining Terms shall survive, remain in full force and effect and continue to be binding and enforceable.
Jurisdiction (Applicable Law)
1. The Terms are governed by and construed in accordance with the laws of The Republic of South Africa (SA).
2. This notice will be governed by and construed in accordance with SA law, and any disputes relating to this notice shall be subject to the exclusive jurisdiction of the courts of South Africa.
3. These terms and conditions shall be governed and interpreted in accordance with SA law, and you consent to the non-exclusive jurisdiction of the SA courts.
1. Any disputes arising from or related to our Services shall be subject to the jurisdiction of the courts of The Republic of South Africa.
2. Notwithstanding anything to the contrary set forth in these Terms and Conditions, Laurie Kohrs may at any time seek injunctive or other appropriate relief against you and/or against others. In the event that Laurie Kohrs believes that you have violated or threatened to violate any of Laurie Kohrs ’s intellectual property rights and you hereby consent to the exclusive jurisdiction and venue of such courts.
3. In the event that any portion of these Terms and Conditions are deemed unenforceable, unlawful or void by a court of competent jurisdiction, in any jurisdiction for any reason because of the scope, duration or area of its applicability or for other reasons, unless narrowed by construction, such provision shall for purposes of such jurisdiction only, be construed as if such invalid, prohibited or unenforceable provision had been more narrowly drawn so as not to be invalid, prohibited or unenforceable (or if such language cannot be drawn narrowly enough, the court making any such determination shall have the power to modify, to the extent necessary to make such provision or provisions enforceable in such jurisdiction, such scope, duration or area or all of them, and such provision shall then be applicable in such modified form). If, notwithstanding the foregoing, any such provision would be held to be invalid, prohibited or unenforceable in any jurisdiction for any reason, such provision, as to such jurisdiction only, shall be ineffective to the extent of such invalidity, prohibition or unenforceability, without invalidating the remaining provisions. No narrowed construction, court-modification or invalidation of any provision shall affect the construction, validity or enforceability of such provision in any other jurisdiction. No waiver by Laurie Kohrs of any term or condition of these Terms and Conditions shall be deemed a further or continuing waiver of such term or of any other term, and Laurie Kohrs ’s failure to assert any right or demand compliance with any provision of these Terms and Conditions shall not be deemed to constitute a waiver of any such right or provision.
4. Copyright 2013 Laurie Kohrs. Laurie Kohrs and the Laurie Kohrs logo (or any other applicable mark) are trademarks or registered trademarks of Laurie Kohrs. All other marks are either trademarks or registered trademarks of their respective owners. All rights reserved.
5. Save for urgent or interim relief which may be granted by a competent court, in the event of any dispute of any nature whatsoever arising between you and Laurie Kohrs on any matter provided for in, or arising out of these T&C, and not resolved through your Laurie Kohrs Agent or representative, then such a dispute shall be submitted to confidential arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa. The expedited arbitration rules may be downloaded from http://www.arbitration.co.za/downloads/expedited_rules.pdf.
Suspension and termination of Service
1. Laurie Kohrs may suspend the operation of the Site for repair or maintenance work or in order to update or upgrade the contents or functionality of the Site from time to time. Access to or use of the Site or any Sites or pages linked to it will be not necessarily be uninterrupted or error free.
2. Laurie Kohrs may terminate the Service immediately in the event you breach any of these terms and conditions or do not pay any sums due to Laurie Kohrs (including if the credit/debit card you use is not valid or does not work for another reason).
Certain pages or sections of this Site may contain terms and conditions of use which are in addition to or different from these Terms and Conditions. For example, certain Promotions or content that is designated as “premium” or “special” content may only be made available to users of the Site that consent to Laurie Kohrs ’s sharing of their Personally Identifiable Information with the sponsors of such Promotions and/or advertisers appearing on such content pages. In the event that there is a conflict between such additional and/or different terms and conditions of use and these Terms and Conditions, the additional and/or different terms and conditions of use will govern with respect to those specific pages or sections to which they apply.
Changes in Policy
From time to time, the policies set forth in these Terms and Conditions may change. We will post changes to the Terms and Conditions at this Site, and any changes will become effective immediately upon being posted unless we tell you otherwise. Please review these Terms and Conditions often so that you will remain abreast of our current policies. Your use of this Site, including any purchases you may make from the Site or any streaming or downloading of a Digital Download from the Site, subsequent to any amendment of these Terms and Conditions will signify your acceptance of, and assent to, its revised terms and that such revised terms shall be applicable.
Acquisition of Business
In the event that Laurie Kohrs is involved in a merger, acquisition, consolidation, restructuring, reorganization, liquidation, sale or similar transaction relating to any portion of its business and/or assets, you hereby acknowledge and agree that this Site, all data collected on this Site, and all of Laurie Kohrs ’s rights hereunder may be included in the assets of, and/or transferred pursuant to, such transaction. If that occurs, Laurie Kohrs will post a notice to such effect on this Site.
If you have any questions concerning the Site or any of the policies set forth in these Terms and Conditions, please contact us using the information provided on the contact us page.