Terms and Conditions

User” means the viewer or user of our Platforms. 

Platforms” means all our websites, mobile sites, social media platforms or any other technology or mechanism you may use to interact with us.

The owner of the Platforms is AWIC Waterfall TM JVCO (RF) Pty Ltd, registration number 2016/010916/07, a private company duly registered in the Republic of South Africa and whose registered office is Att House, 2nd Floor, Maxwell Office, 37 Magwa Crescent, Waterfall City, Waterfall, Gauteng, 2090  (“TM JVCO”).
By continuing to browse and use our Platforms the User is agreeing to comply with and be bound by the following terms and conditions of use (“Terms and Conditions”), which, together with TM JVCO’s Privacy Policy which can be accessed via https://waterfall.co.za/privacy-policy/, governs TM JVCO’s relationship with the User in relation to our Platforms.

Using our Platforms

As a condition of the use of our Platforms, the User agrees that it will not:

  • use our Platforms for any unlawful purpose, including committing a criminal offence, gaining unauthorised access to other computer systems or transmitting unlawful material;
  • distribute viruses or any other technologies that may harm our Platforms or the interests or property of TM JVCO or other Users;
  • impose an unreasonable load on our infrastructure or interfere with the proper working of our Platforms;
  • copy, modify, resell, or distribute any content on our Platforms without TM JVCO’s consent;
  • use any robot spider, scraper or other automated means to access our Platforms and collect content for any purpose without our express written permission;
  • harvest or otherwise collect information about others, including email addresses, without their consent or otherwise violate the privacy of another person;
  • create a link to our Platform from another website or document without TM JVCO’s prior written consent; and/or
  • bypass measures used to prevent or restrict access to our Platforms.

The content on our Platforms is for the User’s general information and use only. It is subject to change without notice.

TM JVCO reserves the right, at its discretion, to restrict a User’s usage of the site either temporarily or permanently.

Copyright and other intellectual property

  • Our Platforms contain material which is owned by or licensed to TM JVCO. This material includes, but is not limited to, the design, layout, look, appearance, photographs and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these Terms and Conditions.
  • All trademarks reproduced on our Platforms which are not the property of, or licensed to, TM JVCO are acknowledged on the Platform.

Security

In order to ensure the security and reliable operation of our Platforms for all Users, TM JVCO reserves the right at its discretion to take whatever action it finds necessary to preserve the security, integrity and reliability of its network and back-office applications. Any user who commits any of the offences detailed in Chapter 13 of the Electronic Communications and Transactions Act, 2002 (specifically sections 85 to 88 (inclusive)) will, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by TM JVCO and its affiliates, agents and/or partners.

Links to third party websites

From time to time, our Platforms may also include links to other websites. These links are provided for the User’s convenience to provide further information. TM JVCO HOLDS NO RESPONSIBILITY FOR THE CONTENT OF THE LINKED WEBSITE(S). TM JVCO HAS NO CONTROL OVER THE NATURE, CONTENT, AND AVAILABILITY OF THOSE SITES. THE INCLUSION OF ANY LINKS DOES NOT NECESSARILY IMPLY A RECOMMENDATION OR ENDORSE THE VIEWS EXPRESSED WITHIN THEM AND THE USER’S ACCESS TO SUCH SITES ARE NOT GOVERNED BY TM JVCO’S PRIVACY POLICY.

Liability

  • EVERY EFFORT IS MADE TO KEEP OUR PLATFORMS UP AND RUNNING SMOOTHLY. HOWEVER, TM JVCO TAKES NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE FOR, OUR PLATFORMS BEING TEMPORARILY UNAVAILABLE DUE TO TECHNICAL ISSUES BEYOND ITS CONTROL.
  • THE INFORMATION CONTAINED ON OUR PLATFORMS IS FOR GENERAL INFORMATION PURPOSES ONLY. THE INFORMATION IS PROVIDED BY TM JVCO, AND WHILE TM JVCO ENDEAVOURS TO KEEP THE INFORMATION UP TO DATE AND CORRECT, TM JVCO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ABOUT THE COMPLETENESS, ACCURACY, RELIABILITY, SUITABILITY OR AVAILABILITY IN RESPECT OF OUR PLATFORMS OR THE INFORMATION, PRODUCTS, SERVICES, OR RELATED GRAPHICS CONTAINED ON OUR PLATFORMS FOR ANY PURPOSE. ANY RELIANCE PLACED BY THE USER ON SUCH INFORMATION IS THEREFORE STRICTLY AT OWN RISK.
  • THE USER ACKNOWLEDGES THAT SUCH INFORMATION AND MATERIALS MAY CONTAIN INACCURACIES OR ERRORS AND TM JVCO EXPRESSLY EXCLUDES LIABILITY FOR ANY SUCH INACCURACIES OR ERRORS TO THE FULLEST EXTENT PERMITTED BY LAW.
  • THE USER’S USE OF ANY INFORMATION OR MATERIALS ON OUR PLATFORMS IS ENTIRELY AT THEIR OWN RISK, FOR WHICH TM JVCO SHALL NOT BE LIABLE. IT SHALL BE THE USER’S OWN RESPONSIBILITY TO ENSURE THAT ANY PRODUCTS, SERVICES, OR INFORMATION AVAILABLE THROUGH OUR PLATFORMS MEET THEIR SPECIFIC REQUIREMENTS.
  • IN NO EVENT WILL TM JVCO BE LIABLE FOR ANY LOSS OR DAMAGE INCLUDING WITHOUT LIMITATION, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE, OR ANY LOSS OR DAMAGE WHATSOEVER ARISING FROM LOSS OF DATA OR PROFITS OR OTHERWISE ARISING OUT OF, OR IN CONNECTION WITH, THE USE OF OUR PLATFORMS.

General

  • These Terms and Conditions and the other policies posted on our Platforms constitute the entire agreement between TM JVCO and the User.
  • The User’s use of our Platforms and any dispute arising out of such use of our Platforms are subject to the laws of the Republic of South Africa.
  • If TM JVCO does not enforce any particular provision, it is not waiving its right to do so at a later stage. 
  • In the event that any term(s) or condition(s) contained in these Terms and Condition is found to be unenforceable or invalid for any reason by a court of law within the Republic of South Africa, such term(s) or condition(s) shall be severable from the remaining Terms and Conditions and the remaining Terms and Conditions shall remain enforceable and applicable. 

Any such change will be effective from the date of being posted on the our Platforms.

  • TM JVCO reserves the right to update these Terms and Conditions, as well as change or discontinue the content available on its Platforms, at any time and in its sole discretion.

For information on COVID-19 in South Africa, please visit www.sacoronavirus.co.za