Terms of Use

Welcome to www.winthis.co.za.(the “Website”), which is owned and operated by WinThis ("WinThis", "We", "Us" or "Our"). On the Website you will be able to view all the best online competitions being offered in South-Africa and participate shall you choose.

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY (THE "TERMS", OR THE "TERMS OF USE"). BY USING THE WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY ANY OR ALL OF THE TERMS, PLEASE REFRAIN FROM ACCESING AND/OR USING THE WEBSITE.

The Website is not directed at children under the age of 16. Therefore, if you are under 16, you may browse the Website but may not participate in competitions unless they specifically permit it.

The Services

The Website is an online platform which centralizes all the best online competitions in South-Africa making it easy and quick for you to find – all free of course.

The competitions offered on the Website are made available for informational purposes only. We do not, expressly or impliedly, recommend or endorse, or in any manner assume any responsibility for any competitions, products or services being offered in the competition or on the website. The sole responsibility for the quality and fulfillment of the service or product which is offered in the Competition lies with the company and/or /merchant and/or the website offering the Competition, as is defined it each competition’s terms of use, and all claims, if any, are to be directed to them (collectively, the "Services").

Electronic Communications

By using this Website or communicating with WinThis by electronic means, You consent and acknowledge that any and all agreements, notices, disclosures, or any other communication satisfies any legal requirement, including but not limited to the requirement that such communications should be in writing.

Acceptable use of the Services

Subject to these Terms, and provided that you are at least 16 years old, you may access and use the Website.

When using the Website, you agree to: (1) ahead to all applicable laws, regulations and rules; (2) take full account for all acts or omissions associated with your access and use of the Website and the access and use of Website by anyone on your behalf; (3) refrain from interfering with, circumventing, manipulating, or disrupting the functionality or the operation of the Website; (4) communicate your requests, queries and other submissions with respect to your use of the Website and Services thereof, only to Us and (5) comply with any instructions and technical specifications provided by Us, to enable the proper functionality of the Website, including by not altering or modifying any computer code provided to you.

• sending automated or machine generated search queries;

• breaching these Terms, or any other applicable rules and/or instructions that We may convey with respect to the use of the Website and the Services;

• interfering with or disrupting the functionality of the Website and/or circumventing or manipulating the operation, or functionality of the Website and any Services offered through the Website;

• impersonating any person or entity, or making any false statement pertaining to your identity, gender, age or affiliation with any person or entity;

• using crawlers, robots and similar applications to collect and compile content from the Website, for the purposes of competing with the Website or with any other of Our services, or in such ways that may impair or disrupt the Website's functionality;

• displaying the Website or any part thereof in an exposed or concealed frame, or linking, including in-line linking, to elements on Website, such as images, videos and players, independently from the web pages of the websites on which they originally appear without Our prior written consent;

• collecting or processing personal information of the Website's users without their and Our explicit consent in writing;

Subscription

The Website serves all Internet users above the age of 16. In order to enjoy the services and receive information on all the latest and greatest Competitions you may subscribe to our daily email by providing us with your email address. Bear in mind that false, incorrect, or out dated information may prevent you from subscribing and impair Our ability to provide you with the requested information and/or contact you. We will indicate the fields for mandatory completion. Unfortunately, If you do not enter the requisite data in these fields, you will not be able to register with the Website.

You may unsubscribe from Our daily email at any time, by clicking on the unsubscribe link at the included in every daily email that we send (at the bottom) or by sending us a request to unsubscribe to info[at]winthis.co.za

Notwithstanding any remedies that may be available under any applicable law, We may temporarily or permanently limit, suspend, deny or terminate your user account, prohibit you from accessing the Website and take technical and legal steps to keep you off the Website, if We believe that -

• you deliberately submitted false information; or,

• you made use of the Website to perform an illegal act, or for the purpose of enabling, facilitating, assisting or inducing the performance of such an act; or,

• you have abused your rights to use the Website; or

• you have breached the Terms; or

• you have performed any act or omission that violates any applicable law, rules, or regulations; or,

• you have performed any act or omission which is harmful or likely to be harmful to WinThis, or any other third party, including other users and suppliers of WinThis; or,

Particiaption in Competitions, Fees, Payments and Merchantibilty

No purchases, payments and participations to competitions (hereinafter “Actions”) are made directly on WinThis. WinThis only serves as a platform which provides you with information as to the competitions being offered in South-Africa. Your Actions, if any, are done independently and are not related in any way, shape or form to WinThis. Additionally, we advise you to read the terms and conditions of any competitions that you participate in and to use reasonable caution when doing so.

WINTHIS WILL NOT BE RESPONSIBLE FOR THE PRODUCTS OR SERVICES OFFERED OR THE RESULTS OF ANY PARTICIAPTION, WINNINGS OR LOSSES AND ALL RESPONSIBILTY LIES ON YOU OR ON THE HOLDER OF THE COMPETITION.

Links to other sites

The Website includes links to content on other websites and online services. We do not operate, or monitor these websites and services. You may find them or the content and information included therein not compatible with your needs, or you may object to their content, or find their content to be improper, annoying, unlawful or immoral. By linking to a certain website or service, We do not sponsor or endorse their content, or confirm their accuracy, credibility, authenticity, validity, integrity or legality. We assume no responsibility or liability for such third party websites or services, or for their availability.

The Website may include commercial information, including, but not limited to, advertising. By clicking on the commercial information you may be transferred to another website or receive any other messages, information or offers. WinThis is not responsible for any of the commercial information and advertisers' practices including their privacy practices, or for the content of their websites, information, messages or offers and we recommend that you read their terms and conditions.

Privacy

We respect your privacy. The Website's Privacy Policy is available at: http://www.winthis.co.za./privacy/ It explains Our accepted privacy practices on the Website and is incorporated by reference to the Terms. The terms of the Privacy Policy may change every so often and We therefore recommend that you read it from time to time.

Intellectual property

All rights, title and interest in and to the Website and to any content thereof, including patents, copyrights, trademarks, trade names, service marks, trade secrets and other intellectual property rights, and any goodwill associated therewith, are owned by, or licensed to WinThis.

nless otherwise expressly permitted in the Terms, you may not distribute, display, copy, or perform publicly, sublicense, decompile, disassemble, process, compile, reduce to human readable form, execute publicly, adapt, make available to the public, make commercial use, translate, sell, lend, rent, reverse engineer, combine with other software, modify or create derivative works of any of the content on the Website, which is subject to intellectual property or other proprietary rights, either by yourself or by a third party on your behalf, in any way or by any means, including electronic, mechanical or optical means, other than expressly permitted in the Terms.

You may not adapt or use otherwise any name, mark or logo that is identical, or confusingly similar to any of the WinThis trademarks, service marks and logos.

You must avoid any action or omission which may dilute, or tarnish the WinThis goodwill.

You agree to abide by all messages and signs pertaining to proprietary rights, such as – Copyright mark [©] or Trademark [® or ™] accompanying the content. You agree to retain and avoid distorting such signs and notices in any copy thereof.

Changes in the Website

From time to time, We may change the Website's layout, design or display, as well as the scope and availability of the content and services therein and available offers, without giving prior notice. Changes of this type by their very nature may cause inconvenience or even malfunctions at first. You agree and acknowledge that WinThis does not assume any responsibility with respect to, or in connection with the introduction of such changes or from any malfunctions or failures that may result there from.

Website and service availability

The availability and functionality of the Website depends on various factors and elements, including software, hardware and communication networks, partially provided by third parties. These factors are not fault free, and We do not warrant otherwise.

Termination of operation

WinThis may at all times, in its sole discretion, terminate the operation of the Website, or any part thereof, temporarily or permanently without prior notice. At any time, the contents or services on the Website, may be blocked, removed or deleted without maintaining any backup copy.

You agree and acknowledge that WinThis does not assume any responsibility with respect to, or in connection with the termination of the Website's operations and loss of any data as a result.

Amendments to the Terms

WinThis may, from time to time, change the Terms, including any and all documents, forms and policies incorporated thereto. Substantial changes will take effect 7 days after an initial notification was posted on the Website's homepage or any other relevant web pages on the Website, unless these terms state otherwise regarding certain changes. Other changes will take effect immediately after their initial posting on the Website, unless the Terms are amended to comply with legal requirements, where in such cases the amendments will become effective as required, or ordered.

You agree to be bound by any of the changes made in the Terms, including changes to any and all documents, forms and policies incorporated thereto. Continuing to use the Website will indicate your acceptance of the amended terms. If you do not agree with any of the amended terms, then you must avoid any further use of the Website.

We advise you to periodically read the Terms, as they may change from time to time.

DISCLAIMER OF WARRANTY

WINTHIS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR QUALITY OF THE SERVICES, PRODUCTS AND/OR INFORMATION OFFERED ON THE WEBSITE OR THEIR CORRECTNESS, ACCURACY, RELIABILITY, COMPATIBILITY, QUALITY OR OTHERWISE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOURSELF AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF OR RELIANCE UPON THE WEBSITE AND/OR ANY OF ITS CONTENT AND SERVICES THEREIN. THE USE OF THE SERVICES AND ANY RESULTS DERIVING FROM SUCH USE IS ENTIRELY AT YOUR OWN RISK. YOU HEREBY ACKNOWLEDGE AND WARRANT THAT YOU WILL ACT BY ANY APPLICABLE LAW, INCLUDING THE LAWS VALID AT YOUR STATE OF RESIDENCE AND YOU WILL NOT HAVE ANY REQUEST, COMPLAINT, DEMAND, SUIT OR OTHER CLAIM AGAINST WINTHIS IN CONNECTION WITH YOUR USE OF THE SERVICES.

THE WEBSITE IS PROVIDED FOR USE WITH ALL FAULTS, "AS IS" AND "AS AVAILABLE". WINTHIS DISCLAIMS ALL WARRANTIES AND REPRESANTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE WEBSITE AND THE USE OF THE SERVICES THEREOF, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, SECURITY OR ACCURACY. WINTHIS DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER OR THAT THE WEBSITE WILL ALWAYS BE AVAILABLE OR FREE FROM ALL HARMFULL COMPONENTS, OR ERROR, OR THAT THE WEBSITE WILL BE IMMUNE FROM UNAUTHORIZED ACCESS. YOU AGREE AND ACKNOWLEDGE THAT THE USE OF THE WEBSITE IS ENTIRELY, OR AT THE MAXIMUM PERMITTED BY THE APPLICABLE LAW, AT YOUR OWN RISK.

LIMITATION OF LIABILITY

WINTHIS, INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, AGENTS, PARENT COMPANIES, SISTER COMPANIES, SUBSIDIARIES AND OTHER AFFILIATES (TOGETHER THE "WINTHIS GROUP") WILL NOT BE LIABLE TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, FOR ANY DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, OR ANY OTHER DAMAGE AND LOSS (INCLUDING LOSS OF PROFIT, LOSS OF DATA AND WORK STOPPAGE), COSTS, EXPENSES AND PAYMENTS, REGARDLESS OF THE ALLEGED LIABILITY OR FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, INCLUDING NEGLIGENCE, INTELLECTUAL PROPERTY INFRINGEMENT AND STRICT LIABILITY, THAT RESULT FROM, OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE THE WEBSITE, OR FROM ANY FAILURE, ERROR, OR DOWNTIME IN THE FUNCTION OF THE WEBSITE, OR FROM ANY FAULT OR ERROR MADE BY WINTHIS GROUP'S STAFF, OR FROM YOUR RELIANCE ON UPLOADED CONTENT ON THE WEBSITE, OR FROM ANY COMMUNICATION WITH THE WEBSITE, OR WITH WINTHIS GROUP, OR WITH OTHER USERS ON OR THROUGH THE WEBSITE, OR FROM ANY DENIAL OR CANCELATION OF YOUR USER ACCOUNT, OR FROM RETENTION, DELETION, DISCLOSURE OR ANY OTHER USE OR LOSS OF CONTENT ON THE WEBSITE, REGARDLESS OF WHETHER WINTHIS GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, YOUR SOLE REMEDY WILL BE LIMITED TO THE CORRECTIONS OF SUCH ERRORS, OR MALFUNCTIONS, IF APPLICABLE AND SUBJECT TO WINTHIS’S SOLE DISCRETION.

Indemnification

You agree to indemnify, defend and hold harmless, WinThis Group, at your own expense and immediately after receiving a written notice, from and against any damages, loss, costs, expenses and payments, including reasonable attorney’s fees and legal expenses, resulting from any complaint, claim, or demand, arising from, or in connection with your use of the Website, any communications that you conveyed through the Website, or your breach of the Terms, or any other terms, rules or regulations applicable to the use of the Website.

Governing Law, Jurisdiction

These Terms of Use shall be governed by and construed in accordance with the laws of South-Africa without giving effect to any choice of law or conflict of law rules or provisions, which would result in the application of the laws of a jurisdiction other than those of South-Africa. You agree to resolve any dispute or claim that you may have against WinThis group and to submit to personal jurisdiction in the exclusive jurisdiction of South-Africa in the competent courts of Johannesburg or Pretoria by sole choice of WinThis.

Notices

We may contact you and send you notices via e-mail, regular mail, Short Message Services ('SMS'), fax messages and postings on the Website. You may contact Our customer service by using the “contact us” form on the contact page on the Website, or by using the contact details found on the Website. We reserve the right to publish in public – including on the Website - any communications with you, as long as your personal details will not be made public without your prior consent. All communications will be deemed as received after one business day.

General

These Terms of Use constitute the entire agreement between you and Us with respect to the use of the Website and the Services therein.

No waiver, concession, extension, representation, alteration, addition or derogation from the Terms by Us, or pursuant to the Terms, will be effective unless consented to explicitly and executed in writing by Our authorized representative.

The Terms of Use will take precedence over all documents, forms and policies incorporated thereto, which may conflict with the Terms of Use, unless specifically indicated in such documents that a certain provision is determined notwithstanding any of the provisions of the Terms of Use.

Failure on Our part to demand performance of any provision in the Terms will not constitute a waiver of any of Our rights under the Terms.

The United Nations Convention on Contracts for the international Sale of Goods will not govern these Terms.

Changes in Ownership

We may incorporate the ownership or management of the Website as a separate corporation, or transfer ownership rights and title in the Website, to a third party, provided that your rights according to the Terms are not harmed by the transfer of rights. In that case, a copy of the details and information pertaining to you will be transferred to the corporation receiving the rights in the Website and you hereby give your prior consent thereto.

No Assignment

Your rights and obligations under the Terms are not assignable. Any attempted or actual assignment thereof by you will be null and void without Our prior explicit consent in writing.

Interpretation

The section headings in the Terms are included for convenience only and will take no part in the interpretation, or construing of the Terms.

"including", whether capitalized or not, means without limitation.

Severability

If any provision of the Terms is held to be illegal, invalid, or unenforceable by a competent court, then the provision will be performed and enforced to the maximum extent permitted by law, and the remaining provisions of the Terms will continue to remain in full force and effect.

Survival

The provisions of the intellectual property, disclaimer of warranty, limitation of liability and indemnification sections, will survive the termination, or expiration of the Terms.

Last Update: December 2011

© ABD Legal services/WinThis – 2011. This document is copyrighted. If you would like to purchase the right to use it, please contact us through our contact page.