Terms and Conditions

Acceptance of Terms

All information and services on this website, www.gybeset.co.za (“GybeSet”) and our related social media sites, are subject to the terms and conditions laid down in this document. The following are terms of a legal agreement between you and GybeSet and its affiliated third parties including those acting on our behalf as we provide GybeSet and its products and services to you. Affiliated third parties may include companies who perform services for GybeSet.

By accessing, browsing and/or using this Website you acknowledge that you have read, understood, and agree to be bound by this Agreement and disclaimer below, and to comply with all applicable laws and regulations.

If you are not willing to be bound by this Agreement, you may not access or use this Website. In using GybeSet, you represent and warrant that you have any and all permissions necessary to enter into and be bound by this Agreement.

GybeSet may modify this Agreement from time to time, and such modifications shall be effective immediately upon posting of the modified Agreement. We remind you to review the Agreement periodically to be aware of such modifications and your continued access or use of the services shall be deemed your conclusive acceptance of the modified Agreement.
Use Restrictions on the Website Content

Unless otherwise indicated, all marks displayed on GybeSet are subject to the ownership rights of GybeSet. The entire contents of this Website, including but not limited to: all text, graphics, logos, button icons, Flash movies, images, audio clips, digital downloads, data compilations, and software, are the property of GybeSet  or its content suppliers, and are protected by domestic and international copyright and trademark laws.

The material provided on GybeSet is protected by law, including, but not limited to, applicable copyright laws. The copyright in all material provided on GybeSet is held by GybeSet or by its respective licensors and vendors (the “Third Party Providers”). Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means without the prior written permission of GybeSet or the copyright owner. Permission is granted to display, copy, distribute and download the materials on this Website for personal, non-commercial use only; provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions. Any unauthorised use of any material contained on GybeSet may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

If you believe any content appearing on GybeSet constitutes a copyright or trademark infringement of another parties’ rights, please contact us immediately at info@gybeset.co.za to notify us.
License and Content Submission

Your submissions of files including, but not limited to: e-mail, forum postings, flash movies, images, logos, audio loops, and other software hereby constitutes your agreement to grant GybeSet a non-exclusive, royalty-free, worldwide, sub-licensable, perpetual license, to reproduce, distribute, transmit, modify, adapt, sub-license, and publicly display any such submissions, unless otherwise specified by an agreement made in writing between you and GybeSet. You also grant GybeSet the right to utilise your name in connection with all advertising, marketing and promotional materials related thereto.

GybeSet retains the right at all times to remove any inappropriate content, at its sole discretion, from the Website, any social media sites or any online destination that is controlled by GybeSet.
Links to Third-Party Websites and Co-Branded Websites

GybeSet may contain links to third-party websites. GybeSet is not responsible for and cannot control these other sites or their content, including any changes or updates to these sites or links within these linked sites. GybeSet makes no representations whatsoever about any other website which you may access through GybeSet. When you access a non-GybeSet website, even one that may contain the GybeSet logo, please understand that it is independent from us, and that we may have no control over the content on that website. In addition, a link to a non-GybeSet website does not mean that GybeSet endorses or accepts any responsibility for the content, or the use of such a website.
Use of Service

Harassment in any manner or form on GybeSet or our social media sites, including via e-mail, forum, and chat is strictly forbidden. Impersonation of others, including GybeSet or other licensed employee, host, or representative, as well as other members or visitors on the Website, is prohibited. You may not upload to, distribute, or otherwise publish through GybeSet any content which is threatening, invasive of privacy or publicity rights, illegal, or otherwise objectionable which may constitute a criminal or civil offense, violate the rights of any party or which may otherwise give rise to liability, or violate any law. You may not upload commercial content on GybeSet or solicit others to join or become members of any other commercial online service.

Your access to GybeSet, including the Forums, is completely at the discretion of GybeSet, and may be blocked, suspended, or terminated at any time for any reason including, but not limited to, violation of this Agreement or other GybeSet policies, actions that may lead to liability for GybeSet, violation of applicable laws or regulations or other reasons determined by GybeSet.

Your use of the Service and any activities conducted online through the Service shall not violate any applicable GybeSet policies, laws, rules or regulations or the rights of GybeSet, or any third party. GybeSet cannot accept any responsibility for any injury or loss that results from inaccurate, unsuitable, offensive, illegal internet communications, or from any other use of GybeSet in violation of this Agreement or any law. Any incident deemed to be an unauthorised use of this Service is strictly prohibited and may be subject to penalties, civil or criminal liability.
Content Review and Take Down

GybeSet does not and cannot review all communications, materials posted or uploaded to the Website or our social media sites and is, therefore, not responsible for the content of these communications or materials. You acknowledge that by providing you with the ability to distribute your content on GybeSet or social media sites, GybeSet is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Website, including the forums or any public areas.

GybeSet reserves the right to block or remove any content, materials, information or communication at any time and without notice that it determines, in its sole discretion to be:

(a) abusive, defamatory, indecent or obscene;

(b) fraudulent, deceptive, or misleading;

(c) in violation of a copyright, trademark or; other intellectual property right of another;

(d) in violation or in infringement of someone else’s rights;

(e) in violation of any laws;

(f) offensive or otherwise unacceptable to GybeSet at its sole discretion.

Any messages, advice, opinions or other information contained in any discussion area should not be construed as professional advice or instruction.

You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against GybeSet with respect to your use of GybeSet, and agree to indemnify and hold GybeSet, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of GybeSet.
Indemnification

You agree to indemnify, defend, and hold harmless GybeSet, its officers, directors, employees, agents, licensors, suppliers, and Licensors (collectively the Service Providers) from and against all losses, expenses, damages and costs, including reasonable legal fees, resulting from any breach of this Agreement, any GybeSet policy or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Website using your Internet account or any action by you with respect to your use of GybeSet or social media sites that violates any law, regulation or any of our policies.
Term & Termination

This Agreement shall commence upon your accessing GybeSet. This Agreement may be terminated by GybeSet without notice at any time for any reason and may be terminated by you upon notice to GybeSet at any time for any reason. The provisions on Copyright, Trademarks, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous shall survive termination of this Agreement.
Miscellaneous

GybeSet’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. GybeSet may assign its rights and duties under this Agreement to any party at any time without notice to you. You acknowledge that the provisions, disclosures and disclaimers set forth above are fair and reasonable and your agreement to follow and be bound to them is not the result of fraud, duress or undue influence exercised upon you by any person or entity. There are no representations, promises, warranties or undertakings by GybeSet contrary to those set forth above. GybeSet may deliver notice to each user by means of electronic mail, a general notice on GybeSet, or by written communication delivered to such User’s address on record in GybeSet’s records.
Disclaimer

GybeSet, our social media sites and the materials, products, and services available from GybeSet are provided as is and without warranties of any kind, whether express or implied. To the fullest extent permissible, pursuant to applicable law, GybeSet t disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non- infringement. GybeSet does not represent or warrant that the functions contained in GybeSet will be uninterrupted or error-free, that defects will be corrected, or that GybeSet or the server that makes the site available are free of viruses or other harmful components. GybeSet does not make any warranties or representations regarding the use of the materials in GybeSet in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. The website could contain technical inaccuracies or other errors.
Limitation of Liability

To the maximum extent permitted by applicable law, GybeSet t shall not be liable for any special or consequential damages suffered as a result of using, or inability to use, the materials or content from GybeSet or services on GybeSet. In no event shall GybeSet  be liable for any indirect, extraordinary, exemplary, punitive, special, incidental, or consequential damages (including loss of data, revenue, profits, use or other economic advantage) however arising, whether for breach or in tort, even if GybeSet  has been previously advised of the possibility of such damage. You agree that you have sole responsibility for adequate protection and backup of data and/or equipment used in connection with GybeSet and will not make a claim of any nature against GybeSet including for lost data, inaccurate output, and work delays or lost profits resulting from the use of GybeSet. You agree to hold GybeSet entirely harmless from, and you covenant not to sue GybeSet or its affiliates, successors or assigns, for, any claims related to the GybeSet website or social media sites. GybeSet makes no representation that the operation of the website will be uninterrupted or error-free, that defects will be corrected, and that the website or the server on which the website resides will be free of viruses or other harmful components. GybeSet will not be liable for the consequences of any interruptions, errors, or loss of any data.

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