"Privacy Policy and
Terms of Use"
"Privacy Policy and Terms of Use"
"Privacy is your right and our duty." "We respect your concern for privacy, and we follow this privacy policy."
"1. Your Acceptance of these Terms and Conditions and National Partnership’s Policies"
"Thank you for visiting the IyandaTalks website
By using and or visiting this website, you agree to these Terms and Conditions of Use and Privacy Policy, as they may be amended from time to time. If you do not agree to any of these terms, please do not use the website.
Iyandatalks "hereby grants you permission to use the website, provided that you use the website solely for your personal, noncommercial use and in complete compliance with the terms and conditions set forth herein." Iyandatalks hereby grants you permission to make one copy of any part of the Website in any medium to use for your personal, noncommercial use, but you must obtain" Iyandatalks's prior consent to make additional copies, distribute any copies, or publicly display any of the information provided on the Website."
"You agree not to use or launch any automated system, including without limitation, robots, spiders, or offline readers, that accesses the Website in a manner that sends more request messages to Iyandatalks’s servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Iyandatalks grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials. Iyandatalks reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit any users of the Website for any commercial purposes."
"Links to Third Party Websites"
"The Website contains links to third-party websites that are not owned or controlled by Iyandatalks." Iyandatalks has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. By using the Website, you expressly relieve Iyandatalks from any and all liability arising from your use of any third-party website. Accordingly, Iyandatalks encourages you to be aware when you leave the Website and to read the terms and conditions and privacy policy of each other website that you visit."
"Intellectual Property Rights"
"The content on the Website, including, without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features, and the like ("Content") and the trademarks, service marks, and logos contained therein, are owned by or licensed to Iyandatalks, subject to copyright and other intellectual property rights under South African and foreign laws and international conventions. Content on the Website is provided to you "AS IS" for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. NIyandatalks reserves all rights not expressly granted in and to the Website and the Content. You agree not to engage in the use, copying, or distribution of any of the Content other than as expressly permitted herein. If you download or print a copy of the content for personal, noncommercial use, you must retain all copyright and other proprietary notices contained therein. You acknowledge that you do not acquire any ownership rights by downloading or printing copyrighted content. You agree not to circumvent, disable, or otherwise interfere with security-related features of the Website or features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Website or the Content therein."
"The Information Iyandatalks Collects Through the Website"
Iyandatalks "collects different kinds of information about the users of the Website: User Provided Information: You may provide certain personally identifiable information (such as your name and email address) to Iyandatalks when choosing to participate in various activities on the Website, such as joining an issued campaign or memberships, subscribing to one of our mailing lists, making a donation, or submitting content through our blog or other interactive portion of our Website. (Please note that you may choose not to provide personally identifiable information through the Website, in which case we may not be able to provide certain services or functionality to you.) Cookies Information: When you visit the Website, we may send one or more cookies—a small text file containing a string of alphanumeric characters—to your computer that uniquely identifies your browser. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, some features of the Website may not function properly if the ability to accept cookies is disabled. Log File Information: When you use the Website, our servers automatically record certain information that your web browser sends whenever you visit any website. These server logs may include information such as your web request, Internet Protocol ("IP") address, browser type, browser language, referring/exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time of your request, and one or more cookies that may uniquely identify your browser. If your personal information changes (such as your email address), or if you wish to have your information removed from our database, contact us, and we will correct, update or remove that personal data provided to us."
"The Way Iyandatalks Uses the Information It Collects
If you submit personally identifiable information to us through the Website, we use your personal information to operate, maintain, and provide to you with the features and functionality of the Website. In addition, we may add you to our mailing lists (email or otherwise) and send you emails or other communications about our work and/or the issues that are important to us. If you submit content for posting on the Website through our blog or any other interactive feature of the Website, we may post or publicly disclose any personal information that is contained within such content. For example, if you submit a story about your personal experiences for posting on the Website, we have the right to post the personal information that you include in your story. "We may also identify you, your hometown, and your age in connection with your posting unless you instruct us otherwise at the time of submission."
"In addition, if you submit a photograph in connection with your posting, you represent that you have the right to submit the photograph to us and that we can use the photograph in connection with your submission." We use both your personally identifiable information and certain non-personally-identifiable information (such as anonymous user usage data, cookies, IP addresses, browser type, click stream data, etc.) to improve the quality and design of the Website and to create new features, promotions, functionality, and services by storing, tracking, and analyzing user preferences and trends. "We use cookies and log file information to monitor the effectiveness of our marketing campaigns, to monitor aggregate metrics, such as the total number of visitors, and pages viewed, and to track your entries and submissions."
"When Iyandatalks discloses information
We do not share your personally identifiable information (such as name or email address) with third parties without your consent. We do share non-personally-identifiable information (such as anonymous user usage data, referring/exit pages and URLs, platform types, and the number of clicks) with interested third parties to assist them in understanding the usage patterns for certain content, services, advertisements, promotions, and/or functionality on the Website. We may release personally identifiable information and/or non-personally identifiable information if required to do so by law, or in the good faith belief that such action is necessary to comply with state and federal laws or respond to a court order, subpoena, or search warrant. Iyandatalks also reserves the right to disclose personally identifiable information and/or non-personally-identifiable information that Iyandatalks believes, in good faith, is appropriate or necessary to enforce the terms and conditions set forth herein, to take precautions against liability, to investigate and defend itself against any third party claims or allegations, to assist government enforcement agencies, to protect the security or integrity of our Website, and to protect the rights, property, or personal safety of Iyandatalks, our users, or others."
"Posting Material to the Website
Itandatalks welcomes your postings to the Website, as part of our blog or in other interactive areas of the Website. By submitting content to us for posting on the Website (including, without limitation, text, illustrations, photographs, and/or videos), you agree to the terms and conditions contained herein. You agree not to post anything to the Website that is defamatory, constitutes an invasion of privacy or publicity, violates the intellectual property rights of any third party, or is otherwise unlawful.
You understand that Iyandatalks has the right to refuse to post your content if, in our sole discretion, we believe that your posting is inappropriate, indecent, or otherwise objectionable. Iyandatalks does not control and accepts no responsibility or liability for any third-party content posted on the Website by you or any third party. You retain all copyright rights in the content that you post on the Website.
However, by posting content to the Website, you grant the Iyandatalks a perpetual, nonexclusive, royalty-free right to reproduce, distribute, display, publish, adapt, and otherwise use your content for any purpose in any media, including the right to use the name, age, and location submitted with such a posting. (As stated above, if you do not want your full name, age, and location used in connection with your posting, you need to state the extent of disclosure that you would permit at the time of your submission. We will honor your request if it is stated clearly and sent to us with your submission. You represent and warrant that (a) you own or otherwise control all of the rights to the content that you post, or you otherwise have the right to post such content to the site and to grant the rights granted herein; (b) the information you supply is true, accurate, and not misleading; and (c) the use and posting of the content you supply does not violate these rules and will not violate any rights of or cause injury to any person or entity and will not violate any laws. In addition, you agree to indemnify the Iyandatalks and their directors, officers, and employees for all claims, losses, and damages (including reasonable attorneys’ fees) that may arise out of any alleged breach of the foregoing representations and warranties. "Any use of the Website in violation of these terms and conditions may result in, among other things, termination or suspension of your rights to post content to the Website."
"Takedown Provisions If you believe that materials that have been posted on the Website have copied your work in a way that constitutes copyright infringement, please provide Iyandatalks’s Copyright Agent (identified below) the following information: An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest. A description of the copyrighted work that you claim has been infringed. A description of where (by URL and physical description) the material that you claim is infringing is located on the Website. Your address, telephone number, and email address. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law, a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Iyandatalks’s Copyright Agent is Sibongile Tshisikhawe Upon our receipt of a takedown notice that materially complies with all of these requirements, we will remove, or cause to be removed, the identified materials. The individual who posted such materials will then have an opportunity to demand to repost. You will receive notice of such if the individual properly requests reposting. Iyandtalks will not accept third-party materials from repeat offenders"
"Warranty Disclaimer :
YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, IYANDATALKS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF.
IYANDATALKS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS WEBSITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY
(I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,
(II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE,
(III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
(IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE,
(IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR
(V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE.
IYANDATALKS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND IYANDATALKS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Limitation of Liability
IN NO EVENT SHALL IYANDATALKS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY
(I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,
(II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE,
(III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
(IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE,
(IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, THAT MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR
(V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT IYANDATALKS SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU"
"Indemnity":
You agree to defend, indemnify and hold harmless Iyandtalks, its officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
(i) your use of and access to the Website;
(ii) your violation of any term of these Terms and Conditions of Use;
(iii) your violation of any third party right or any law, including without limitation any copyright, property, or privacy right; or
(iv) any claim that content you submit for posting on the Website violates any third party right or any law."
"Ability to Accept These Terms and Conditions of Use and Privacy Policy" You confirm that you are either 18 years of age or older, an emancipated minor, or possess legal parental or guardian consent and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions of Use and Privacy Policy, and to abide by and comply with these Terms and Conditions of Use and Privacy Policy. In any case, you affirm that you are at least 13 years of age, as the Website is not intended for children under 13."
"Our Commitment To Children’s Privacy Protecting the privacy of young children is especially important. For that reason, Iyandatalks does not knowingly collect or maintain personally identifiable information or non-personally identifiable information on the Website from persons under 13 years of age, and no part of our Website is directed to persons under 13. If you are under 13 years of age, then please do not use or access the Website at any time or in any manner. If Iyandatalks learns that personally identifiable information of persons under 13 years of age has been collected on the Website without verified parental consent, then Iyandatalks will take the appropriate steps to delete this information."
"In the Event of Merger, Sale, or Bankruptcy" These Terms and Conditions of Use and Privacy Policy, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Iyandatalks without restriction. In addition, in the event that Iyandatalks is acquired by or merged with a third-party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from our users as part of such a merger, acquisition, sale, or other change of control. "In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, we may not be able to control how your personal information is treated, transferred, or used."
"General These Terms and Conditions of Use and this Privacy Policy shall be governed by the internal substantive laws of the Republic of South Africa without respect to its conflict of laws rules. Any claim or dispute between you and Iyandatalks that arises in whole or in part from the Website shall be decided exclusively by a court of competent jurisdiction located in Mpumalanga Province. These Terms and Conditions of Use and Privacy Policy and any other legal notices published by Iyandatalks on the Website shall constitute the entire agreement between you and Iyandatalks concerning the Website. If any provision of these Terms and Conditions of Use and Privacy Policy is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions set forth herein, which shall remain in full force and effect. "No waiver of any term of these Terms and Conditions of Use and Privacy Policy shall be deemed a further or continuing waiver of such term or any other term, and Iyandatalks’s failure to assert any right or provision under these Terms and Conditions of Use and Privacy Policy shall not constitute a waiver of such right or provision."
"Changes and Updates to these Terms and Conditions of Use and Privacy Policy" This Terms and Conditions of Use and Privacy Policy may be revised periodically, and this will be reflected by the date below. Please revisit this page to stay informed of any changes. Your continued use of the Website constitutes your agreement to these Terms and Conditions of Use and Privacy Policy and any future revisions. Please note that, in general, we only use your personal information in the manner described in the privacy policy in effect when we received the personal information you provided unless we obtain additional permissions from you regarding such use.
Contact Us If you have any questions about the Website or these Terms and Conditions of Use and Privacy Policy, please contact us at Iyandatalks 6 Impala Street, Emalahleni, Mpumalanga, South Africa, 1034; or by email at info@iyandatalks.com.m November 25, 2022.
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