Terms & Conditions
THESE ARE THE GENERAL TERMS AND CONDITIONS GOVERNING YOUR USE OF MEG FAURE’S WEB SITE, NEWSLETTER, FACEBOOK PAGE, SERVICES & PRODUCTS. BY ACCESSING, USING OR SIGNING UP FOR THE ABOVE MENTIONED OR ANY OTHER SERVICES, YOU ARE CONCLUDING A LEGALLY BINDING AGREEMENT BASED ON THESE TERMS.
By using the Web Site you confirm that you have familiarized yourself with the terms and conditions governing the conduct of parties accessing or using the Web Site. We provide services to you through our Web Site and those services are provided to you on the basis of these terms and conditions. Please note that they may vary from time to time without notice to you.
Modifications to this Agreement
Meg Faure may make changes to this Agreement from time to time in its sole discretion, by updating this posting on this Web Site, and specifying the effective date of the new version of the Agreement. Your continued use of the Web Site following the posting of a new version of the Agreement constitutes your acceptance of any such changes. Accordingly, whenever you visit this Web Site you should check to see if a new version of the Agreement has been posted.
If you have any questions or concerns with respect to this Agreement or the Web Site you may contact a representative of Meg Faure by email ([email protected]).
Web Site Intended Audience
This Web Site is operated by Meg Faure from its offices in South Africa. This Web Site is directed to adults and is not intended for children under the age of eighteen.
Code of Conduct
You are responsible for anything which you transmit or receive to, from or via or post on our web site. We do not control or screen the content of what is posted to, from or via our web site by our members or third parties, and accordingly we do not guarantee its accuracy, integrity or quality or that it will not be objectionable to you. You should not place any reliance on, nor will we be responsible or liable for anything which has been transmitted or received, or ought to have been transmitted or received but was not.
You are not permitted to use our Web Site or any of our services for any reason or purpose, which is unlawful, defamatory, harmful or objectionable, and, in particular, you are not permitted to transmit anything that, in our opinion, harms our business or offends other users.
You are not permitted to transmit to, from or via or post on our Web Site anything that you do not have a clear right to use. You must ensure that you do not transmit or post on our Web Site any material containing software viruses or files designed to damage or disrupt the good working order of any computer or telecommunications equipment.
You are not permitted to do anything that may disrupt in any way the operation of our Web Site and services, nor are you permitted to do anything that would disrupt the use and enjoyment of our Web Site and our services by any other user.
Other than as expressly permitted, by us, you are not permitted to use our Web Site to engage in any commercial activity of any form.
We may be entitled at our discretion to refuse or remove anything that is transmitted to, from or via or posted on our Web Site that, in our opinion, is objectionable or otherwise does not comply with these terms and conditions. We will not be liable at all for doing this.
We may record preserve and disclose anything which has been transmitted to, from or via or posted on our Web Site and the services, where required by law or where we are acting in good faith.
Your Use of Content and Information – Disclaimer with Respect to Content
A variety of information, advice, recommendations, letters, messages, comments, posts, text, graphics, software, music, sound, photographs, videos, data, and other materials (“Content”) is available on the Web Site. Some of the Content is provided by Meg Faure or its suppliers, and other Content is provided by persons who use the Web Site (“Users”), such as User opinions and views provided via posts to chat rooms, blogs, bulletin boards, or discussion forums. While Meg Faure strives to keep the Content that it posts on the Web Site accurate, complete, and up-to-date. Meg Faure cannot guarantee, and is not responsible for, the accuracy, completeness, or timeliness of any Content, whether provided by Meg Faure or its suppliers, or by Users of the Web Site. Any opinions, advice, statements or other information expressed or made available by Users or third parties, including but not limited to bloggers, are those of the respective User or other third party and not of Meg Faure. Meg Faure does not endorse and is not responsible for the accuracy or reliability of any opinion, advice or statement made on the Web Site.
Meg Faure does not have any obligation to prescreen, edit, or remove any Content provided by Users that is posted on or available through the Web Site.
Notwithstanding the foregoing, Meg Faure will have the right (but not the obligation), in its sole discretion and for any reason, to prescreen, edit, refuse to accept, remove, or move any such Content.
THE CONTENT AVAILABLE VIA THE WEB SITE IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER MEG FAURE NOR ITS SUPPLIERS OR USERS ARE ENGAGED IN RENDERING MEDICAL, COUNSELING, LEGAL, OR OTHER PROFESSIONAL SERVICES OR ADVICE.
SUCH CONTENT IS INTENDED SOLELY AS A GENERAL EDUCATIONAL AID. IT IS NOT INTENDED AS MEDICAL OR HEALTHCARE ADVICE, OR TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT, FOR ANY INDIVIDUAL PROBLEM. IT IS ALSO NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE AND SERVICES FROM A QUALIFIED HEALTHCARE PROVIDER FAMILIAR WITH YOUR UNIQUE FACTS. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER REGARDING ANY MEDICAL CONDITION AND BEFORE STARTING ANY NEW TREATMENT.
The operator(s) of this site, and the publisher, specifically disclaim all responsibility for any liability, loss or risk, personal or otherwise, which is incurred as a consequence, directly or indirectly, of the use and application of any of the material on this site.
Representations Made and Rights Granted
You are responsible for all Content that you submit, post, or otherwise make available to or through the Web Site. By doing so, you represent and warrant to Meg Faure that such content is not confidential and that you have all necessary permission to submit, post and otherwise make available such Content.
Meg Faure makes no claims to ownership of Content that you submit, post or otherwise make available to or through the Web Site and you continue to retain all ownership rights in such Content and the right to use your Content as you determine. However, you do grant to Meg Faure and its affiliates a worldwide, non-exclusive, perpetual, fully sub-licensable, royalty-free right and license as set below:
a. with respect to Content other than photos, graphics, audio, video, or journals that you submit, post or otherwise make available to public areas of the Web Site (e.g. not intended as a private communication), the license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and publicly display such Content (in whole or part) worldwide via the Web Site or otherwise, and/or to incorporate it in other works in any form, media, or technology now known or later developed; and
b. with respect to photos, graphics, audio, video or journals that you submit, post or otherwise make available to public areas of the Web Site, the license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and publicly display such Content for the purpose for which such Content was submitted, posted or made available.
Do(s) and Don’t(s) for Users
You agree that you will comply with applicable laws, this Agreement, and DO(s) and DON’T(s).
User Rights and Responsibilities
Please bear in mind that much of the material you read in our community areas come from other members. Because our community is very large, Meg Faure doesn’t monitor or verify the information posted by our members. The comments, opinions, and statements posted on our bulletin boards and chats reflect the views of the user who makes the post and don’t necessarily reflect the views of Meg Faure. The information posted on our boards and chats, including advice and opinions, are the responsibility of those members who create the posts. Posts from users may contain medical information that is incorrect or dangerous to you or your children. Please consult your doctor or other qualified professional before relying on information you find in the community areas. If you believe that you have an emergency of any kind, please contact your healthcare provider or your local emergency number for assistance.
MEG FAURE AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE CONTENT AVAILABLE VIA THE WEB SITE, INCLUDING THE COMMUNITY AREAS. YOU MUST EVALUATE, AND BEAR ALL RISKS ASSOCIATED WITH, THE USE OF ANY CONTENT, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF CONTENT POSTED IN THE COMMUNITY AREAS.
THE CONTENT AVAILABLE IN THE COMMUNITY AREAS IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER MEG FAURE NOR ITS SUPPLIERS OR USERS ARE ENGAGED IN RENDERING MEDICAL, COUNSELING, LEGAL, OR OTHER PROFESSIONAL SERVICES OR ADVICE.
YOU SHOULD NOT UTILIZE SUCH CONTENT AS MEDICAL OR HEALTHCARE ADVICE, MEDICAL DIAGNOSIS, OR TREATMENT FOR ANY INDIVIDUAL PROBLEM. IT IS ALSO NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE AND SERVICES FROM A QUALIFIED HEALTHCARE PROVIDER FAMILIAR WITH YOUR UNIQUE FACTS. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER REGARDING ANY MEDICAL CONDITION.
Ownership and Intellectual Property Rights
This Web Site is owned by Meg Faure. All right to, title to, and interest in the Content available via the Web Site, the Web Site’s look and feel, the designs, trademarks, service marks, and trade names displayed on the Web Site, and the Web Site URLs, are the property of Meg Faure, and are protected by copyrights, trademarks, patents, or other proprietary rights and laws.
License to Use Content
Meg Faure grants you a non-exclusive, non-transferable, revocable, limited license to view, copy, print, and distribute Content retrieved from the Web Site only for your personal, non-commercial use, provided that you do not remove or obscure any copyright notice, trademark notice, or other proprietary rights notices displayed on or in conjunction with the Content. You may not use any Content available via the Web Site in any other manner or for any other purpose without the prior written permission of Meg Faure . All rights not expressly granted in this Agreement are expressly reserved to Meg Faure.
All trademarks, service marks, logos and designs used on this Web Site, whether registered or unregistered, are owned by Meg Faure or other third parties. You may not use or display any trademarks, service marks, logos or designs owned by Meg Faure or its affiliates without our prior written consent.
Your Contact with Advertisers or Other Third Parties and Other Web Sites
We may use the Web Site or any of the services we provide or in any of the correspondence we send to you to run advertisements promoting products and services we offer or any of its subsidiaries, or any person or corporation duly authorised by us to advertise or promote their product or services through us.
Your dealings with advertisers or other third parties found on or accessible through the Web Site are solely between you and the third party. These dealings include, but are not limited to, your participation in promotions, the payment for and delivery of items if any, and any terms, conditions, warranties, or representations associated with such dealings. These links are provided solely as a convenience to Users and should not be construed as an endorsement by Meg Faure of content, items, or services on those third-party Web sites. You access and use such sites, including the content, items, or services on those sites, solely at your own risk.
Meg Faure does not make any representations or warranties with respect to any content or privacy practices, or otherwise with respect to such third parties or any items or services that may be obtained from such third parties, and you agree that Meg Faure will have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party, or as a result of the presence of such third parties on the Web Site.
Disclaimer of Warranties With Respect to Web Site
THE WEB SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MEG FAURE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.
MEG FAURE DOES NOT MAKE ANY WARRANTY THAT THE WEB SITE WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. MEG FAURE MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEB SITE OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEB SITE.
Limitations of Liability
MEG FAURE AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE CONTENT AVAILABLE VIA THE WEB SITE. YOU MUST EVALUATE, AND BEAR ALL RISKS ASSOCIATED WITH, THE USE OF ANY CONTENT, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF SUCH CONTENT. YOU SPECIFICALLY ACKNOWLEDGE THAT BABYSENSE IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF USERS OR THIRD PARTIES.
ADDITIONALLY, IN NO EVENT WILL MEG FAURE OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, OR ANY OTHER SUCH DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM (1) THE USE OF, OR THE INABILITY TO USE THE WEB SITE; (2) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, ITEMS, OR WEB SITES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEB SITE; OR (5) ANY OTHER MATTER RELATING TO THE WEB SITE. THESE LIMITATIONS WILL APPLY WHETHER OR NOT MEG FAURE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
You agree to indemnify and hold harmless Meg Faure, its directors, officers, employees, agents, and affiliates, from and against any and all liability, damages, losses, claims, expenses of any kind (including, without limitation, reasonable attorneys’ fees) directly or indirectly related to (1) your breach of the Agreement; or (2) the Content you submit, post, or transmit through the Web Site.
When you visit the Web Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. Meg Faure will communicate with you by e-mail or by posting notices on the Web Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
We aim to satisfy the requirements of all of our customers as efficiently as we can, but we realise that at times things may go wrong. When they do we will put them right as soon as possible. If you have a complaint please email us on [email protected]. Your complaint will be handled confidentially and we will acknowledge your correspondence within 5 working days. At that time we will advise you how long it will take to resolve your complaint and we will give you a contact name and telephone number of the person handling your complaint. We will keep you informed throughout the process.
You are responsible for maintaining the confidentiality of any passwords associated with your Meg Faure account, monitor all activity under the account, and assume full responsibility for all activities that occur under your account (unless we cause a security breach).
Modification or Suspension of the Web Site
Meg Faure may at any time modify, discontinue, or suspend its operation of this Web Site, or any part thereof, temporarily or permanently, without notice to you.
Use and Storage
We may establish general practices and limits concerning the use of the Web Site and the services we provide, including limits to the size or number of e-mail messages you send or the time that messages may be stored or posted on our Web Site. We are entitled to delete any material at any time and we will not be liable in any way for deleting or failing to store or post any material which you may transmit to us.
Either party may terminate the Agreement for any or no cause, at any time, which shall be effective immediately or as specified in a notice email. After termination, you shall no longer access the Web Site. The provisions of this Agreement which by their intent or meaning intended to survive such termination shall continue to apply indefinitely.
Severability of Agreement
If any provision of the Agreement is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties’ intentions as reflected in that provision, and the remaining provisions contained in the Agreement shall continue in full force and effect.
This Agreement and the resolution of any dispute related to this Agreement or the Web Site shall be governed by and construed in accordance with the laws of South Africa without giving effect to any principles of conflicts of law. Any legal action or proceeding between Meg Faure and you related to the Agreement shall be brought exclusively in the Magistrate’s Court in Cape Town, South Africa, and you agree to submit to the personal and exclusive jurisdiction of such courts.
These terms and conditions constitute the entire agreement between us in respect of the use of our services and of our Web Site and supersede any and all prior agreements, arrangements and representations (save in respect of those made fraudulently).
You are not permitted to reproduce, sell or exploit for any commercial purpose any part of the web site or our services.
If you have any questions about the above, please contact us at [email protected] or by writing to us at Customer Services, Meg Faure, 7 Highwick Drive, Kenilworth, 7708, South Africa.