TERMS AND CONDITIONS

By accessing any pages of this website, the person accessing this website (hereinafter referred to as the user) agrees to abide by and remain bound by the Terms and Conditions, and to accept any disclaimer, as recorded herein below:

1. RULES OF CONDUCT

Kaya FM 95.9 may from time to time publish bulletin boards, discussion forums, blogs, chat rooms and the like. Users utilizing such forums will be bound by the following conditions:

1. Kaya FM 95.9 reserves the right to edit, delete, or review any submissions which it views defamatory, abusive, illegal, unconstitutional or contrary to the interests of KAYA FM 95.9.
2. The user shall not be entitled to submit illegal or unconstitutional material.
3. The user shall not submit material for the purposes of “spamming”.
4. The user shall not submit material which is or may be classified as being indecent, vulgar, defamatory, abusive, profane, pornographic or which may be information constituting a criminal offence and / or may incur civil liability in terms of South African Law.
5. The user warrants that the submission of any material does not constitute the infringement of copyright, trademark or any other intellectual property right of any other person, alternatively that he/she has obtained the permission of such other person, company or entity to submit such material.
6. The user will not submit any material to the Kaya FM 95.9 website, which contains harmful material or a virus of any nature.
7. The user will not submit any material with purpose of utilizing the Kaya FM 95.9 website for commercial purposes, or which may contain marketing or promotional material, or which intends to solicit donations on or through the Kaya FM 95.9 website.

2. INDEMNITY AND DISCLAIMER

1. The user utilizing the Kaya FM 95.9 website, does so entirely at his/her own risk and entirely on an “As Is” basis.
2. Kaya FM 95.9 does not warrant, nor does it make any representations, express or implied, as to the veracity, correctness or accuracy of any information, data, services, products, material, logo’s, text or graphics appearing on this website.
3. Kaya FM 95.9 makes no warranties and/or representations express or implied, as to the contents of this website, nor the operation of this website.
4. Kaya FM 95.9 does not warrant nor does it make any representations for the proper performance of this website, the accuracy of the images, timeliness or completeness of information or that the website will be free of harmful material and viruses.
5. The user accordingly indemnifies Kaya FM 95.9 against all and any damages (be it special, consequential, punitive, direct or indirect), loss, and actions and any consequent costs incurred or awarded, whether arising out of any criminal or civil action against the user, and irrespective of whether such action is based on contract, negligence, delict or any other cause of action, arising from but not limited to:
1. Any or all failure, delay or interruption of the website; or
2. The use of this website; or
3. The information or contents contained in this website; or
4. Any products, services and the like obtained from this website.
6. The user further confirms, by logging on to the Kaya FM website, that the user will be assuming all risks associated with the use of the Internet, including any risk which may be posed to the hardware or software which the user are using, or any data which you may have stored on the user’s computer, being damaged by any virus which may be transmitted or activated via the Kaya FM website or the user’s access to it.
7. The user further indemnifies Kaya FM and/or the promoters or clients for which it is acting as agent, against any claims in respect of any loss or damage resulting from or related to:
1. the user’s use of or inability to use any of the Information or the provision of the Service;
2. any fact or circumstance beyond our reasonable control;
3. any line failure;
4. the performance or unavailability of our Website, or any other website to which it is connected;
5. any suspension or interruption in the provision of access by us;
6. any breach of privacy or security by any person or entity;
7. the loss, damage, destruction, theft, contamination or corruption of any data, Information or content accessible by means of our Website;
8. the preservation and integrity of any text or any other form of data, Information or content which is contained on or accessible from our Website;
9. any publication or use of any Information or data contained on or accessible from our Website;
10. the user’s access to the Internet or our Website;
11. the user’s failure to perform any of your obligations in terms of this agreement.
8. Without limiting the generality of the aforegoing, we and our promoters or clients using our services shall not be liable for any consequential or indirect loss suffered by the user or any other person, and the user hereby indemnifies and hold us and our promoters or clients using our services harmless against any such claim or liability, including but not limited to loss of profits, loss of data and/or loss of anticipated business or goodwill.

3. AGREEMENT AS TO USE

1. By using and/or accessing the contents of this website the user accepts the terms and conditions hereof which are binding on the user.
2. Should the user violate any of the terms and conditions contained herein, Kaya FM 95.9 reserves the right to institute the appropriate legal proceedings against the user.

4. LINKS

1. Kaya FM 95.9 may provide links to various third party websites from the Kaya FM website. KAYA FM makes no representation as to the content of these websites and does not endorse the content thereof or warrant that the content will not offend you or further that the website will not contain computer viruses or otherwise adversely affect the use of your computer.
2. Kaya FM 95.9 shall not be liable in any manner whatsoever for any loss or damage that a user may suffer as a result of the use of any links accessed from the Kaya FM website.