BRIGHT HOUSE BRAND (PTY) LTD

General Terms of Use & Services

These terms of service ("Terms") are effective as of: 1 August "Effective Date”.

Read these terms carefully before browsing the Bright House Brands platform. Your continued use of the Bright House Brands platform whether as a user (which incorporated a browser) ("A User", "You" or "Your") indicated that you have both read and accept these terms. You cannot use the Bright House Brands platform if you do not accept these terms. All sections of these terms are applicable to you unless the section expressly states otherwise. These terms shall operate in addition to any other more specific terms that might apply to a user. If there exists a conflict between these terms and the more specific terms applicable to a user, the more specific terms shall prevail to the extent of such inconsistency.

1. Introduction

These Terms will apply fully and affect a User’s use of Bright House Brands proprietary software products (the “Bright House Brands Platform”). By using the Bright House Brands Platform, a User agrees to accept the Terms contained herein in full.
Should a User not agree to the Terms contained herein, a User must immediately desist from using the Bright House Brands Platform.
Minors are not allowed to use the Bright House Brands Platform.

2. Intellectual Property Rights

Bright House Brands and/or Bright House Brands licensors own all the intellectual property rights and materials as are contained on the Bright House Brands Platform.
As such, we own all of Bright House Brands material, information, data, software, icons, text, graphics, layouts, images, sound clips, advertisements, video clips, trade names, logos, animations, trademarks, designs, copyright and service marks, organisation, user interface, layout, and software code.
The Bright House Brands Platform is all legally protected against infringement and a User can’t copy, download, print, modify, alter, publish, broadcast, distribute, sell, or transfer any of it without our permission.

A User is granted a limited license only for purposes of utilising the Bright House Brands Platform.

3. Restrictions

A User may not:
1. publish or mirror any of the Bright House Brands Platform’s material in any media whatsoever;
2. use the Bright House Brands Platform for any objectionable or unlawful purpose, including the posting of any threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic, profane or spam material;
3. take any action that may impose an unreasonable or disproportionately large load on the Bright House Brands Platform’s infrastructure of any nature;
4. use the Bright House Brands Platform in any manner would result in a User breaching any applicable legislation or licensing obligations (including with respect to privacy) or any obligations a User may owe to third parties;
5. conduct any activity which compromises or breaches any third-party’s patent rights, trademark, copyright or other intellectual property rights;
6. introduce any virus, worm, trojan horse, malicious code or other program which may damage computers or other computer-based equipment of Bright House Brands or affect the performance of the Bright House Brands Platform.
7. engage in any data mining, data harvesting, data extracting or any other similar activity in relation to the Bright House Brands Platform.
8. use the Bright House Brands Platform contrary to applicable laws and regulations, or in any way may cause harm to the Bright House Brands Platform, or to any person or business entity.
9. use the Bright House Brands Platform to engage in any advertising or marketing other than in a manner expressly permitted by the Bright House Brands Platform.
10. crawl, spider or scrape the content of the Bright House Brands Platform, except to the extent required by recognised search engines (e.g., Google) for the purposes of indexing the Bright House Brands Platform; or
11. provide unauthorised interfaces to the Bright House Brands Platform.

4. A User’s Content

In these Terms, “a User’s Content” shall mean any audio, video text, images, or other material a User may choose to display on the Bright House Brands Platform, if applicable. By displaying a User’s Content, a User grants Bright House Brands non-exclusive, worldwide irrevocable, sub licensable license to use, reproduce, adapt, publish, translate, and distribute it in any and all media.
A User’s Content must be a User’s own and must not be invading any third-party’s rights. Bright House Brands reserves the right to remove any of a User’s Content from the Bright House Brands Platform at any time without notice.

5. Links to other Websites

The Bright House Brands Platform may contain links or portals to other websites. Bright House Brands has no control over websites operated by third parties and a User agrees that Bright House Brands is not responsible for and will have no liability in connection with a user’s access to or use of any third-party website.

6. No Warranties

The Bright House Brands Platform is provided “as is,” with all faults, and Bright House Brands express no representations or warranties, of any kind related to the Bright House Brands Platform or the materials contained on the Bright House Brands Platform.
We cannot guarantee Bright House Brands Platform’s accuracy. Your information and opinions on the Bright House Brands Platform don’t belong to us and we don’t necessarily support or guarantee their accuracy either.
Bright House Brands cannot guarantee or warrant that any file downloaded from the Bright House Brands Platform or delivered to a User will be free of infection or virus, worms, trojan horses or other code that has contaminating or destructive qualities. A User is responsible for implementing appropriate processes, systems, and procedures to circumvent this type of issue.

7. Limitation of Liability and Indemnification

Unless provided elsewhere in more specific terms, in no event shall Bright House Brands, or any of its officers, directors and employees, be held liable for anything arising out of or in any way connected with a User’s use of the Bright House Brands Platform whether or not such liability is under contract, delict or otherwise.
A User indemnifies Bright House Brands and agrees to keep Bright House Brands indemnified, from and against any claim, loss, damage, cost or expense that Bright House Brands may suffer or incur as a result of or in connection with a User’s improper use of or conduct in connection with the Bright House Brands Platform, including any breach by a User of these terms or any applicable law or licensing requirements.
To the extent that Bright House Brands liability cannot be excluded by law, Bright House Brands maximum liability, whether in contract, equity, statute or tort (including negligence), to a User will be limited to the minimum amount imposed by such law.
Notwithstanding anything to the contrary in these Terms, in no circumstances will Bright House Brands be liable for any indirect, punitive, or consequential loss or damages, loss of income, profits, goodwill, data, contracts, use of money or any loss or damages arising from or in any way connected to interruption of the Bright House Brands Platform of any type, whether in delict, contract or otherwise.

8. Severability

If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.

9. Variation of Terms

To the extent permitted by law, Bright House Brands is permitted to revise these Terms at any time as it sees fit, without prior notice to Users, and any revisions to the Terms will take effect when posted on the Bright House Brands Platform and agreed to by a User, unless a later date is stated in the revised Terms. A User’s continued use of the Bright House Brands Platform will be construed as a User’s consent to the amended or updated Terms and will be conditional upon the Terms in force at the time of use. A User’s only remedy, should such User not agree to these amended Terms, is to stop the use of the Bright House Brands Platform.

10. Assignment

Bright House Brands is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, a User is not allowed to assign, transfer, or subcontract any of its rights and/or obligations under these Terms.

11. Entire Agreement

These Terms constitute the entire agreement between Bright House Brands and a User, unless other more specific terms have been agreed to, in relation to a User’s use of the Bright House Brands Platform.

12. Governing Law & Jurisdiction

These Terms will be governed by and interpreted in accordance with the laws of the Republic of South Africa.