01 OPERATOR OF WEBSITE
The service provider/operator of this website is an organisation that facilitates the reporting of potential cases of human trafficking. This website is hosted by that organisation under the operational name The National Human Trafficking Hotline “NHTH” (henceforth “NHTH” “we” “us” “our”). Further information about the organisation can be obtained upon request by email info@080022777.org.za
02 DEFINITIONS AND TERMS OF USE
“Claims” means any grievances, allegations, demands, liabilities, debts, losses, obligations, promises, damages, injuries, costs, compensation, commissions, interest, penalties, expenses (including without limitation, attorneys’ fees), lawsuits, actions (in law, equity or otherwise), rights and privileges, and causes of action including but not limited to breach of contract, breach of implied in fact contract, breach of the implied covenant of good faith and fair dealing, promissory estoppel, negligence, fraud, negligent misrepresentation, intentional or negligent interference with contract or economic advantage, indemnity, statutory or common law unfair competition, invasion of privacy, and all other injuries of any nature, kind and description, in law, equity or otherwise whether not now known or ascertained
“Damages and Losses” means damages or losses including but not limited to loss of money, goodwill, reputation, profits or other intangible losses or any special, indirect, punitive, or consequential damages
“Intellectual Property Rights” means trademarks, rights in get-up, rights in goodwill or to sue for passing off, rights in trade names, websites, internet domain names, logos, art work, slogans, know-how, technical information, trade secrets, processes, rights in designs (whether or not registered or registrable), utility models, copyright (including rights in computer software and related preparatory and design materials), semiconductor topography rights, database rights and all rights or forms of protection of a similar nature or having equivalent effect anywhere in the world, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights
“Privacy Policy” means this website’s privacy policy that can be accessed at the footer of this website which may be updated from time to time
“Related Entities” means our subsidiary, affiliated, related and parent corporations, companies and divisions, professional corporations, members, partnerships, limited partnerships, limited liability companies, partners, limited partners, officers, directors, shareholders, board members, employees, managers, employers, associates, principals, independent contractors, administrators, agents, affiliates, experts, legal representatives and attorneys, agents for collections, other agents, representatives, insurers, trusts, trustees, beneficiaries, executors, joint venturers, heirs, predecessors, successors and assigns
“Services” means all sites, tools and services available on this website
“Site” means this website
“Terms and Conditions” means NHTH’s website terms and conditions set out below that will form a legally binding agreement between you and NHTH
We encourage you to read these Terms and Conditions carefully before using our Services. You agree to comply with these Terms and Conditions as well as all the policies included within them when accessing or using our Services
While we strive to maintain the highest standards on our Site, we reserve the right to change these Terms and Conditions at any time as we see fit with no prior notice or warning
03 USING OUR SITE
Information on our Site is provided for informational and non-profit reasons only. NHTH reserves the right to change any information available on this Site without notice or warning. We may restrict or suspend your access to our Site in the event of any breach of these Terms and Conditions, the documents linked in them or any applicable law. NHTH does not make any promise for the suitability of this Site for any purpose apart from providing general information and facilitating reporting cases of potential human trafficking . Note that the Site and its Services must not be relied upon for any other purpose
Please note that any cost or expense incurred in relation to your use of this Site is solely your responsibility. By using this Site you agree not to:
breach or circumvent any laws, third party rights or our systems, policies, or determinations of your account status use our Services if you are not able to form legally binding contracts (for example if you are under 18), or are temporarily or indefinitely suspended from using our Site and Services post false, inaccurate, misleading, defamatory, or libellous content take any action that may undermine the feedback or ratings systems distribute viruses or any other technologies that may harm NHTH or the interests or property of Site users commercialize any NHTH Services or any information or software associated with such Services harvest or otherwise collect information about Site users circumvent any technical measures we use to provide Services
04 UPLOADING INFORMATION TO OUR SITE
Certain portions of this Site, allow you to post information. In posting such information, you expressly authorize and agree to allow us to process such information on our Site. Furthermore, you agree that, by uploading any material to our Site, you are granting us a licence to use, modify or share that information so long as it is within the privacy restrictions set out in our Privacy Policy
We require that any content or material uploaded onto our Site must not be defamatory, offensive, inappropriate, distasteful or unlawful. TNHTH will not be held responsible for you or any third party for content that you have uploaded onto our Site. While using our Site, if you identify any such content that may be defamatory, offensive, inappropriate, distasteful or unlawful, do contact us at: info@080022777.org.za
06 LINKS TO THIRD PARTY WEBSITES
The Site may contain links or references to websites operated by other organisations. Any such links or references are provided for your convenience only. We do not control such websites, and are not responsible for their contents. Our inclusion of links or references to such websites does not imply any endorsement of the material on such websites or any association with their operators. You are responsible for evaluating the accuracy and completeness of any information contained on third party websites, and also the value and integrity of any goods and services offered
Your use of a third party website linked from our Site may be governed by the terms and conditions of that third party website
07 PRIVACY AND COOKIES
We value your privacy. We are dedicated to keeping all personal information secure. To know more about how we store and use your information and how we use cookies on our Site read our Privacy Policy
08 LINKING TO THIS SITE
You may link to our Site provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. Further, you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. Our Site must not be framed on any other website, nor may you create a link to any part of our Site other than the home page. We reserve the right to withdraw linking permission without notice
09 INTELLECTUAL PROPERTY AND OWNERSHIP
The Site and all the Intellectual Property Rights it contains is owned by NHTH or its Related Entities and protected under the applicable legislation
No part of this Site may be reproduced, reused, retransmitted, adapted, published, broadcast, or distributed for any commercial purpose whatsoever unless expressly permitted under any applicable laws. All names, logos, and trademarks are property of NHTH, its Related Entities or the third parties who have contributed to this Site. Nothing on the Site should be interpreted as granting any rights to use or distribute any names, logos, or trademarks, without the express written agreement of NHTH or the relevant third parties
Failure to comply with the above mentioned terms will result in you immediately losing your right to use our Site resulting from a direct breach of our Terms and Conditions
10 DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We try to keep our Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. The material displayed on this our Site is provided without any guarantees, conditions or warranties as to its accuracy. To the fullest extent permitted by applicable law, NHTH disclaims all liability and responsibility for any direct or indirect loss or damage which may be suffered by you using this Site, or relying on any detail contained on the Site or omitted from this Site.
To the fullest extent permitted by applicable law, we and any content providers, suppliers and advertisers hereby specifically and expressly exclude and disclaim all warranties of any kind, including but not limited to all express or implied warranties, terms and conditions including but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement, as well as all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity. Note that this Site is provided “as is"
In addition, to the extent permitted by applicable law, NHTH and our Related Entities are not liable, and you agree not to hold us or our Related Entities responsible for any Damages or Losses, or Claims – which result directly or indirectly from:
your use of or your inability to use our Services
delays or disruptions in our Services
viruses or other malicious software obtained by accessing, or linking to, our Services
glitches, bugs, errors, or inaccuracies of any kind in our Services
damage to your hardware device from the use of our Site or any of our websites or Services
a suspension or other action taken with respect to your account or breach of these Terms and Conditions
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you if you reside in such a jurisdiction.
Certain portions of the Site may allow entities and persons who are NOT employees, agents or representatives of NHTH (“Non-NHTH Posters”) to post written or visual content. We expressly disclaims any responsibility or liability for content posted by Non-NHTH Posters, and reserves the right to remove such content or pages at any time, for any reason, in its sole determination and election
11 RELEASE
If you have a dispute with one or more users, you release us and our Related Entities, from all Claims, and from Damages or Losses as well as any other demands (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favour at the time of agreeing to this release
12 INDEMNITY AND REPRESENTATION OF USER
You agree not to carry on any activity in relation to this Site which might involve us in liability. You further agree to indemnify and hold us and our Related Entities harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms and Conditions, your improper use of our Services or your breach of any law or the rights of a third party
13 APPLICABLE LAW
The subject matter and formation of these Terms and Conditions along with the use of this Site, are governed by the law of South Africa
14 SEVERABILITY AND SURVIVAL
Except as otherwise provided in these Terms and Conditions, if any provision of these Terms and Conditions is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions. In our sole discretion, we may assign these Terms and Conditions
The following sections survive any termination of these Terms and Conditions: all sections and provisions relating to Intellectual Property, Disclaimer of Warranties, Limitation of Liability, Indemnity and any other section which by its construction or effect is intended to so survive
15 WAIVER
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of these Terms and Conditions
16 NO AGENCY
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms and Conditions
17 ENTIRE AGREEMENT
The Terms and Conditions, the Privacy Policy, and all other policies referred to in these Terms and Conditions set forth the entire understanding and agreement between you and us and supersede all prior understandings and agreements of the parties
18 CONCERNS AND QUERIES
We are happy to resolve any concerns or queries you may have regarding NHTH, our Site, Terms and Conditions or our Services
For any queries, contacts us at: info@080022777.org.za