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Terms & Conditions

This website is operated by Spring Fiesta. Throughout the site, the terms “we”, “us” and “our” refer to Spring Fiesta. Spring Fiesta  offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or engaging with us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply  to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current site shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

 

SECTION 1 - TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

 

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse engagement with anyone for any reason at any time. You understand that your content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

 

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, suspension or discontinuance of the Service.

 

SECTION 5 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

 

SECTION 6 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments or content that you forward to us. We are and shall be under no obligation (1) to maintain any comments or content in confidence; (2) to pay compensation for any comments or content; or (3) to respond to any comments or submission of content. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your content will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your content will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any content. You are solely responsible for any content you submit and their accuracy. We take no responsibility and assume no liability for any content posted by you or any third-party.

 

SECTION 7 - PERSONAL INFORMATION

Your submission of personal information through the site is governed by our Data Use Policy.

 

SECTION 8 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

 

SECTION 9 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall Spring Fiesta , our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

SECTION 10 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Spring Fiesta  and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

 

SECTION 11 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

SECTION 12 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

 

SECTION 13 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

 

SECTION 14 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of .

 

SECTION 15 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

 

SECTION 16 - DATA USE POLICY

INFORMATION YOU PROVIDE DIRECTLY You may provide information directly to us in a number of ways. For example:

  • When you register for our Services, we may ask you for information such as your name, e-mail address, postal address, zip code, telephone number, and social media accounts.
  • When you use our interactive online features (such as forums, blogs, or other Services that allow you to post content), we receive whatever you post.
  • When you contact us for assistance with our Services, we receive the information you provide in that correspondence and any other information that you send to us.

INFORMATION WE RECEIVE AUTOMATICALLY WHEN YOU USE OUR SERVICES We may also automatically receive certain information about your device when you use our Services. For example, we may receive:

  • Information about your interactions with our Services, such as the content you view, information collected by Google Analytics, and information in other cookies and similar technologies.
  • Information about how you access our Services, including information about the type of device you’re using, your browser or operating system, the language in which you asked to view our Service, the referring website through which you accessed our Services, links that you click while using our Services, your Internet Protocol (“IP”) address, location information, and certain device identifiers that may be unique to your device.

USE OF INFORMATION We may use information that we collect through our Services for a variety of purposes supporting our mission, including to:

  • Provide you with the products, promotions, Services, newsletters, and information you request and respond to correspondence that we receive from you. We may also provide you with information about how to use our third-party partner products or services.
  • Contact you with surveys, legal notices, and other information that may be relevant to your use of the Services, such as account status, renewal, or any problems with your account.
  • Customize and personalize your use of our Services, including the use of cookies to remember your login information and interface preferences.
  • Inform you about important public policy issues that relate to our mission or that might affect our Services.

SHARING OF INFORMATION We are committed to maintaining your trust, and we want you to understand when and with whom we may share the information we collect.

  • Service Providers. We may share your information with service providers that perform certain functions or services on our behalf, such as Google Analytics, MailChimp, and Vertical Response.
  • Other Parties When Required By Law or as Necessary to Protect the Services. We may disclose your information to third parties in order to:
  • Protect the legal rights, safety, and security of The Lab and the users of our Services;
  • Enforce the terms of use of our Services;
  • Prevent fraud (or for risk management purposes);
  • Comply with or respond to law enforcement or legal process or a request for cooperation by a government or other entity, whether or not legally required. If The Lab intends to disclose a member’s information to law enforcement or in response to a legal process, we will make reasonable efforts to promptly notify the member—and, if the member is under 18, the member’s parent or legal guardian—unless directed not to by a court of law. In Connection With a Transfer of Assets. If we sell all or part of our business, or make a sale or transfer of assets, or are otherwise involved in a merger or business transfer, or in the unlikely event of bankruptcy, we may transfer your information to one or more third parties as part of that transaction.
  • De-identified and Aggregate Information. We may share de-identified or aggregate data with any entity, including for research and analysis purposes. De-identified data is data that is not linked or reasonably linkable to a particular person or device. Aggregate data is data we collect that has been combined with information from others so that the recipient of the data is not able to identify any particular person or device from the data. However, we will never share personally identifiable information with third party commercial entities for direct marketing purposes, unless you give us permission.
  • Other Parties With Your Consent. We may share information about you with third parties when you consent to such sharing.

DATA SECURITY Protection of our users’ information is important to us, so we maintain security safeguards to help protect against loss, misuse, unauthorized access, disclosure, alteration, or destruction of the information you provide to us. However, please note that no data transmission or storage can be guaranteed to be 100% secure. As a result, while we strive to protect your information and privacy, we cannot guarantee the security of any information you disclose or transmit to us online and cannot be responsible for the theft, destruction, or inadvertent disclosure of your information.

CHILDREN’S PRIVACY The privacy and protection of children is of great importance to us. We will not knowingly collect, use, or disclose personal information from children under the age of 18 without obtaining consent from a parent or legal guardian, except as otherwise permitted by law.

SOCIAL NETWORKING AND THIRD PARTY SITES SOCIAL NETWORKING SERVICES We have worked with certain third-party social media providers to offer you their social networking services through our Services. For example, you can use third-party social networking services, including but not limited to Facebook, LinkedIn, Pinterest, and Twitter, to share information about your experience on our Services with your friends and followers on those social networking services. The third-party social networking services may be able to collect information about you, including your activity on our Services. The third-party social networking services also may notify your friends, both on our Services and on the social networking services themselves, that you are a user of our Services or about your use of our Services, in accordance with applicable law and their own privacy policies. If you choose to access or make use of third-party social networking services, we may receive information about you that you have made available to those social networking services, including information about your contacts on those social networking services.

LINKS TO THIRD PARTY SITES AND SERVICES Our Services may contain links to other websites or online services that are operated and maintained by third parties and that are not under our control or maintained by us. Such links do not constitute an endorsement by us of those other websites, the content displayed therein, or the persons or entities associated therewith. This Policy does not apply to this third-party content. We encourage you to review the privacy policies of these third-party websites or services.

EMBEDDED CONTENT FROM OTHER WEBSITES Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website. These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracing your interaction with the embedded content if you have an account and are logged in to that website.

HOW LONG WE RETAIN YOUR DATA If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue. For users that register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.

WHAT RIGHTS YOU HAVE OVER YOUR DATA If you have an account on this site, or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.

WHERE WE SEND YOUR DATA We do not sell data about visitors under any circumstances. Visitor comments may be checked through an automated spam detection service. When visitors leave comments on the site we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection. Contact information and communications preferences submitted through contact forms or signup forms on this site may be shared with the third-party vendors we use to manage newsletters, event registrations, and other communications activities.

UPDATES AND COMMUNICATIONS DATA USAGE POLICY UPDATES We may decide to change the Data Usage Policy but, if we choose to do so, we will post the changes here. You will always have access to the Privacy Policy in order to determine:

  • Whether or not we gather personal information about you;
  • Whether or not we use information about you; and
  • Whether or not we disclose your information to anyone else.

Your continued use of the Services after any modification to the Privacy Policy will constitute your acceptance of the new terms and conditions.

COMMUNICATIONS PREFERENCES You may choose to receive promotional e-mails, newsletters, and similar communications from us. You may opt out of receiving these e-mails from us by clicking on the opt-out or “unsubscribe” link included in the e-mails you receive. Please note that opt-out requests may take up to 10 business days to be effective. Your opt-out request will not apply to messages that you request or that are not promotional in nature. For example, we may contact you concerning your account or any purchases or donations you have made with us, even if you opt out of receiving unsolicited promotional e-mail messages.

 

SECTION 17 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at info@springfiesta.co.za.