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These Terms of Use (“Terms”) govern your use (the “User”) of the Website located at the domain name www.positiveearth.com (“Website”) operated by Positive Earth Fund (Pty) Ltd (“Positive Earth”).

By accessing or using the Website, you agree to be bound by these Terms. If you do not wish to be bound by these Terms, you may not access, display, use, download, or otherwise copy or distribute data, code or content obtained from the Website.

All users of the Website who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or legal guardian to use the Website.

 

Content provided on the Website

The content of the Website, including hyperlinks to third party websites, is provided without warranty or representation of any kind, implied or otherwise. Any use or and/or reliance on such content is done entirely at your own risk and you hereby accept that Positive Earth will have no liability in this regard for any loss or damage whatsoever.

The Website is to be used as a source of general information and Positive Earth shall not be liable for any loss or damage including consequential loss by the users of the Website, having relied on any of the tips, techniques or information provided via the Website.

Please notify us immediately if you have reason to believe that any of the content on this Website is incorrect or is presumed to be used unlawfully by sending an email to info@positiveearth.com.

Neither Positive Earth, nor any of its officers, directors and employees, shall be liable for any resultant loss or damage caused by:

  • any interruption, downtime, malfunction or other failure of the Website or related online services, the system, databases or any of its components, for reasons beyond its control;
  • any data breach, unlawful access to or theft of data, computer viruses or destructive code on its system or linked third party websites and systems;
  • programming defects; or
  • any event over which we have no direct control.

Take care when leaving this Website, even if by following a link provided here, as you will then be subject to the terms and conditions of that site.

 

Using the Website

Positive Earth encourages positive engagement with others. In keeping with this, Users agree not to post comments, statements or other materials on the Website that may be false, unlawful, indecent, obscene, offensive, degrading, harassing, defamatory or that may infringe any intellectual property or privacy rights. Any offensive or unlawful postings may be removed from the Website without notice or warning and Positive Earth cannot be held liable for any comments, statements or other materials posted on the Website by its Users.

Furthermore, Users are strictly prohibited from using this Website for “scraping”, “spoofing”, “hacking”, “flaming”, “cracking”, “phishing” or “spamming” or any other activity designed or aimed at achieving purposes similar to the aforementioned acts.

By accessing or using the Website, you agree and undertake that:

  • Your participation in using the Website is for your own personal use.
  • You will keep secure and confidential your account password or any identification provided to you which allows you access to the Website.
  • You will only use the Website for lawful purposes and in the manner permitted.
  • You will not use the Website to cause nuisance, annoyance or inconvenience.
  • You will not use the Website or information obtained from the Website to advertise or offer for sale any goods or services without Positive Earth’s prior written consent.
  • You will not impair the proper operation of the Website.
  • You will not restrict, inhibit or prevent others from using the Website by using technical means, hacking or defacing any part of the Website.
  • You will not cause or condone any harm to the Website in any way whatsoever.
  • You will provide Positive Earth with whatever proof of identity it may reasonably request.
  • You will not reverse engineer, modify or make derivative works using or based on the Website.
  • You will not create Internet “links” to the Website or “frame” or “mirror” the Website, or any part of its content, on any other server, wireless, online or connected device.
  • You will not access the Website in order to build a competitive product or service, build a product using similar ideas, features, functions, lay-out or graphics of the Website, or copy any ideas, features, functions, lay-out or graphics of the Website.
  • You will not interfere with or disrupt the integrity or performance of the Website.
  • Any non-compliance with these Terms may result in the disclosure of your information to law enforcement authorities and Positive Earth reserves the right to prevent your further access to the Website.

Any failure by Positive Earth to exercise or enforce any right or provision of these Terms shall in no way constitute a waiver of such right or provision. If any Term(s) are not fully enforceable or valid for any reason, such Term(s) shall be severable from the remaining Terms which will not be affected by such invalidity or unenforceability and shall remain enforceable.

 

Intellectual Property

Unless otherwise indicated, the Website is the property of Positive Earth and all source code, object code, databases, functionality, software, lay-out and design, audio, video, text, learning materials, photographs, and graphics featured on or relating to the Website (collectively, the “Content”) and the domain names, trademarks and logos featured or used in relation to the Website (the “Marks”) are owned or licensed by Positive Earth. These elements are protected by intellectual property rights, notably copyright, trademark, unfair competition and privacy laws of South Africa, foreign jurisdictions, and international conventions.

No part of the Website, no Content or Marks may be copied, reproduced, aggregated, adapted or modified, published or republished, uploaded, posted, publicly displayed, stored, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any purpose whatsoever (including promotional, commercial or to represent an association with, or endorsement by Positive Earth), without express prior written permission from Positive Earth or as otherwise expressly provided for in these Terms.

Provided that a User is eligible to use the Website, the User will be granted a limited license to access and use the Website and to download or print a copy of any portion of the Content to which the User has properly gained access solely for the User’s personal, non-commercial use. Positive Earth reserves all rights not expressly granted to a User in and to the Website or Content contained therein.

 

Indemnity

Entry to all Positive Earth sites, events or venues, and participation in any Positive Earth activities are at your personal risk. To the extent afforded by law, Positive Earth is hereby indemnified and will not be held accountable for any injury, loss or damage to individuals or their property.

In respect of any agreement being concluded with Positive Earth, please take note that the provisions of Part 2 of Chapter III of the Electronic Communications and Transactions (No. 25 of 2002) (hereinafter the “ECTA”) are hereby excluded from applying to any electronic communications and data messages that you send to Positive Earth via this Website or any other electronic communications, such as email or text message. Accordingly, any such communications will be regarded as having been received by Positive Earth when receipt is acknowledged in writing. Offers and agreements will only be valid and enforceable if accepted in writing by Positive Earth.

 

Updates

Positive Earth reserves the right to make improvements, to change or to discontinue, without notice, any aspect or feature of the Website and any information or content on the Website.

Positive Earth reserves the right, at its sole discretion, to change, modify, update, add or remove any portion of the Terms at any time, with or without notice. Continued use of the Website after the posting of any changes to the Terms will signify your acceptance of those changes.

 

Governing Law

Positive Earth subscribes to the Governing Laws of South Africa and any actions, posts, object or content expressed, contained on or directed through the Website shall be governed by these laws alone.

 

Who we are and where to find us

In these Terms, any reference to “we”, “us” or “our” refers to Positive Earth Fund (Pty) Ltd of South Africa. Company reg no. 2020/808301/07.

Positive Earth operates from 15 Heron Circle, Kommetjie, Cape Town, 7975, ZA.

  • Positive Earth will accept legal service at the above address.
  • Positive Earth can be contacted via its Website at www.positiveearth.com or by emailing info@positiveearth.com.

 

Click here to read our Privacy Policy.

 

Last updated: 15 July 2021