(Version effective as of 1 January 2017)
Welcome to the home of MentorFeed, a website currently located at www.mentorfeed.com.
(2) Our terms contain specific provisions to limit our liability. These terms have been set out in capital letters. You should pay particular attention to these terms since they limit your ability to recover losses that you may incur in connection with your use of our website.
Part A: General Information and Terms
1. General Information
For your convenience, we have listed below some general information about ourselves:
“We” are Ndalo Media (Pty) Ltd, and “us” and “our” have a corresponding meaning herein.
Ndalo Media (Pty) Ltd is a private company incorporated in accordance with the laws of the Republic of South Africa with registration number 2007/005856/07.
The managing director of Ndalo Media (Pty) Ltd is Ms K Dhlomo and the Board of Directors of Ndalo Media (Pty) Ltd are Mr L Dhlomo and Mr R Lalbahadur.
Our postal address is PO Box 2077, Lonehill 2062.
Our address of establishment is at Bryanston Corner Office Park, 1st floor, Building B, 18 Ealing Crescent (off Culross Road), CNR Main Road & Bryanston Drive, Bryanston, 2191, South Africa and we will accept service of all legal documents there;
Our telephone and facsimile numbers are Tel: +27 (0)11 300 6700, Fax: +27 (0)11 300 6767
Our e-mail address is email@example.com
Our webmaster can be contacted at firstname.lastname@example.org
We, us and our means Ndalo Media (Pty) Ltd (and, unless the context indicates otherwise, its owners, employees, suppliers, internet service providers, agents and affiliates);
You mean a user of this website; and
Hyperlinks, which are not operational, will not in any way detract from the validity and interpretation of the terms;
3. General Conditions of Use for this Web Site
(1)You are solely responsible for any and all telephone usage and rental fees and/or Internet access service fees that may apply to your use of this website and the services offered on it.
(2)You may not access this site for any purpose other than for utilising the services offered on it in the normal manner. You may not access our site for the purposes of redistributing or otherwise using any of our content for your own business purposes unless you are expressly licensed thereto by us in writing. You may not use your access to this site in a manner that would bring us, our business and/or any of our affiliates into disrepute. Furthermore, you may not access this site for unlawful purposes or use it in a manner which infringes our rights or the rights of any other person or restricts or inhibits the use of or enjoyment of this site by any other person. In this regard, you must comply with the laws, regulations and codes of conduct applicable to your use of this site. You may not post or transfer any material to our website that is unlawful or violates any third party’s rights or which is obscene, misleading, inaccurate, defamatory, illegal, in breach of any copyright or other intellectual property right, or damaging to data, software or the performance of our or any other parties’ computer system. We may remove any content you have submitted to this site and/or suspend your access to any part of this site at any time without notice.
(3)We do not usually monitor, edit, control or filter the content submitted to this site by our users. Such content, including as may emanate from our mentorship programmes or as may be found in blogs, forums, chat groups, comment sections and bulletin boards, do not represent our views and we have not authorised or endorsed such content. Such content should also not be viewed as professional advice of any kind, be it medical, legal, financial or otherwise. Please notify our team if you have a complaint about the activities of or content submitted by a user of this site via email@example.com
(4)We do not distribute or endorse any products, services or events posted, promoted and/or listed on our site other than the products and services we supply ourselves and our display of such products, services or events should not be construed as any form of endorsement thereof. All arrangements regarding such products, services and events are to be made directly with the supplier thereof.
(5) Notwithstanding that this site may contain links to third party websites and that some third party websites may contain links to this site we do not control, endorse or approve the activities or content of any such third-party websites. Please contact the relevant website proprietor if you have a complaint about the activities or contents of a third party website.
(6) Proprietary rights (including without limitation, the trade marks, copyright and patent rights) in the components of this site belong to us and our licensors, including in the compilations, collective works and derivative works created incorporating the content of our users. The individual content you may submit will remain your property, but you grant us an irrevocable, perpetual, worldwide, transferable, sub-licensable and royalty-free license to use such content free from any restriction and on the basis as if we were the owners thereof, including by modifying, reproducing, compiling, publishing, publicly performing, distributing, broadcasting and promoting it.
(7) The downloading and use of data contained on this website is done at your sole discretion. You should independently verify the completeness and reliability of the information provided on or via this site. Also be aware that viruses or code which may have a harmful effect on your computer system could be transmitted to you. You are responsible for implementing suitable protection mechanisms to prevent such harm from occurring.
(8) RELIANCE ON AND USE OF OUR WEBSITE, CONTENT AND SERVICES ARE THEREFORE AT YOUR OWN RISK. IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE OF ANY KIND IN CONTRACT, DELICT (INCLUDING NEGLIGENCE), STATUTE OR OTHERWISE ARISING IN CONNECTION WITH YOUR RELIANCE ON OR USE OF THIS SITE OR THE CONTENT OR SERVICES PROVIDED, SAVE TO THE EXTENT THAT SUCH LIABILITY CANNOT BE EXCLUDED BY APPLICABLE LAW OR THE CONTRARY IS EXPRESSLY STATED.
(10) You will be required to choose a username and a password when registering with us or using some of our services. You are responsible for keeping your username and password secret. You will be required to enter your username and password every time you want to use one of our subscription services. You accept that you will be personally liable for all transactions concluded on your account.
(11) We are committed to protecting your privacy. We will collate the information which you give to us to provide you with services and personalise your use and visits to this site. We may also use such information to inform you, the user, about changes in the services we offer and/or about features we think you would find of interest. We may also permit the affiliated entities in our company group to inform you about products or services they offer that might interest you. By giving us this information, you consent to our use of it for these purposes.
(12) We have to protect our business and secure our systems. Consequently, you should note that we may monitor and keep records of any communication that you may send to or receive via our website and we may use, publish and disclose such communications for any lawful purpose. This may include our filtering of incoming and outgoing electronic data messages to identify, limit and/or prevent the transmission of unlawful or otherwise undesirable material or content.
Part B: Competitions
(1)Unless expressly stated otherwise these terms will apply to all competitions offered on this website. In the event of a conflict between these terms and the rules applicable to any specific competition, the specific competition’s rules will prevail. Specific competition rules will be made available on this website. The competition offers will set out at least the following:
The prizes on offer
The steps required to participate
The basis for determining the winners
The closing date
How the winners will be made known
Where, when and from whom prizes are to be claimed
The address of the web pages where the competition rules and these terms can be obtained
(2)All competitions offered on this website will be open to residents of South Africa only unless expressly stated otherwise. We may also stipulate additional entry criteria for entrants to a competition (e.g. a minimum age) and any entrant failing to comply with such criteria may be refused entry.
(3)Anyone working for us or any entity in our group or for the supplier of the prizes for the relevant competition (including any director, employee, contractor, agent or consultant) and any person with more than 5% shareholding in any of our group entities, or for any of our advertising, media or public relations agencies, as well as any family members of any of the aforesaid are prohibited from entering any competitions offered on this website.
(4)The closing date for any competition will be as stated. The judges cannot accept responsibility for late entries.
(5) We reserve the right to cancel or amend the Competition or the Rules without notice in the event of a catastrophe, war, civil or military disturbance, act of God or any actual or anticipated breach of any applicable law or regulation or any other event outside our reasonable control. Any changes will be posted either within these terms and conditions or the competition post.
(6) In the event of any dispute regarding the Rules, conduct, results and all other matters relating to a Competition, the decision of the judge(s) shall be final and no correspondence or discussion shall be entered into.
(7) We will be entitled to all right, title and interest in all entries submitted, including all intellectual property rights. Entrants must do all things necessary, including the execution of any required documentation to transfer such rights to us, as and when requested.
(8) Any entrant may be required to submit proof of age. If you are not yet 18, you will be required to obtain your parents' or legal guardians' advance authorisation, permission and consent to participate in a competition or any of the related activities. If you fail to obtain such consent you may not participate in the competition or the related activities.
(9) Where entry by SMS is applicable, SMSs are charged. Standard rates apply of R1,50 per SMS. Free rates do not apply. Errors will be billed.
(10) Any deviation from the rules and/or attempt to manipulate the outcome of the prize will result in disqualification.
(11) We reserve the right not to award a prize in any situation where it would be unlawful to do so.
(12 )Multiple winners may be subject to the tie-break to decide an outright winner.
(13) We may re-allot prizes if we are unable to contact selected winners. Please ensure that you provide the correct contact details.
(14) Your name and place of residence may be published when winners are announced.
(15) Winners may be requested to be photographed for publicity purposes or to participate in a radio or television broadcast or other marketing activity. No fees will be payable in this regard. Participation in any such marketing activity is voluntary and may be declined.
(16) No cash alternative is available to any prize unless expressly stated otherwise.
(17) Prizes are non-transferable in whole or in part, must be taken as stated and may not be sold to a third party. You must confirm acceptance of the prize as stated, failing which you will no longer be eligible for a prize, and that prize will be re-allotted.
(18) If any prize offered becomes unavailable for reasons outside of our control, we reserve the right to select an alternative prize of equivalent type and value.
(19) Where prizes involve travelling abroad, winners must be in possession of a valid passport, required visas and the relevant health certificates.
(20) We accept no responsibility for any incorrect or incomplete registration details that you may supply as part of your registration. No responsibility will be accepted for undelivered, lost or delayed entries. Proof of sending is not proof of receipt. Errors in entries may, in the judges’ discretion, void entries.
(21) YOU ENTER OUR COMPETITIONS AT YOUR OWN DISCRETION AND RISK. WE, OUR AFFILIATES, COMPETITION PARTNER/S AND THEIR RESPECTIVE SHAREHOLDERS, EMPLOYEES, OFFICERS AND REPRESENTATIVES SHALL NOT BE LIABLE IN ANY WAY WHATSOEVER FOR ANY LOSS, DAMAGE, INJURY OR COSTS, HOWSOEVER ARISING, SUFFERED AS A RESULT OF YOUR PARTICIPATION IN A COMPETITION, SAVE TO THE EXTENT THAT SUCH LIABILITY MAY NOT BE EXCLUDED UNDER APPLICABLE LAW.
Part C: Comment Guidelines
Our website is home to a community of business-minded women and men and their colleagues, partners, friends and family. So, to be a part of our community and engage with other users on an ongoing basis, there are two non-negotiable rules we enforce to protect users and ourselves:
Rule 1: We ask all Users to embrace the spirit of civil disagreement. This means that, as a community whose aim is to connect, empower and inform business-minded people, we require and encourage users to share their opinions openly but with due consideration for others. In other words, we want Users to agree or disagree as strongly as they believe appropriate without being abusive. While we appreciate constructive criticism we expect all users to treat others with respect.
Rule 2: We refuse to publish and will remove any content we think is unacceptable. We call everything that is published on our website content, including your blogs, comments and responses, as well as your personal and business profile information, messages, poll responses, video, text, images etc. If it is available on our site, it is considered content.
And while we encourage you to share your views, expand your network and make the connections that count, we must insist that your content not includes or be linked to any of the following, which we will probably consider being unacceptable:
Hate speech, racism, discrimination, or content that is libellous, defamatory, false or misleading or misrepresents another person – particular if obvious or deliberate.
Any writings that include swear words or obscene or inappropriate language.
Activities that constitute stalking, harassment or abuse, or is considered threatening towards a person or other people.
Anything that infringes someone else’s intellectual property rights (including copyright, trademark, trade secret or patent) or amounts to an unauthorised disclosure of confidential information or trade secret. If you quote someone in the content you provide, it’s up to you to credit the original author and publication.
Anything that contains information contains unsolicited advertising or marketing links or material – particularly if such links or material is unrelated to the particular discussion.
We generally decide what’s acceptable or not on an item-by-item basis, but we are also in no way limiting ourselves to only evaluating the things mentioned above. We reserve the right to edit and/or remove content, and alter the unacceptable list, as and when required without notifying Users. To a large degree, we will be relying on you to help us evaluate the content on the site. If you see something that you feel is in breach of any or all of the above, please contact us directly on +27 (0)11 300 6700 or email us at firstname.lastname@example.org
Part D: Complaints and General
(1) We aim to provide you with a quality service. If, however, you feel that you have cause to complain, you can email email@example.com. We will try to do our best to resolve any problems that arise. We require that provide us with the following as part of your complaint:
Your full names, physical address, telephone number and email address
The location and description of the service feature or transaction which is the cause of your complaint
The problem with the service or transaction or rights that you allege to be infringed by such feature or component
The actions you would like us to take to remedy the problem
A statement confirming that you are making the complaint in good faith
A statement confirming that the information you are providing to us is to the best of your knowledge true and correct
Please incorporate your signature into the complaint
(4) Our failure to enforce any provision of this agreement strictly will not be construed as a waiver of any provision or right. In the event that a portion of this Agreement is held unenforceable or invalid by any competent authority, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in force and effect to the fullest extent permitted by the law.
(5) You may not subcontract, cede, delegate, transfer or assign any of your rights, obligations or duties hereunder to any other person without our prior written consent. We may cede, delegate, transfer and assign our rights, obligations and duties hereunder to any other person.
(6) We will be excused from a failure to perform or delay in performance of our obligations hereunder if and to the extent that circumstances outside our reasonable control prevent or delay such performance.