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    Terms and Conditions

    USE OF THE RATETHATRESTAURANT.CO.ZA WEBSITE (the “Website”) IS SUBJECT TO THE FOLLOWING TERMS OF USE:

    Last revised: 5 January 2010

    1. WEBSITE OWNERSHIP:

    The Website is owned by RATE THAT and managed by RATETHATRESTAURANT.CO.ZA as content provider and content aggregator. All materials distributed in the Website (the “Materials”) are either owned by RATE THAT or licensed to RATETHATRESTAURANT.CO.ZA. Except for downloading one copy of the Materials for your personal, non-commercial home use, you must not reproduce, prepare derivative works based upon, distribute, perform or display the Materials without first obtaining the written permission of RATE THAT. Materials must not be used in any unauthorized manner. Text, photographs and or graphic material (collectively, the “Materials”) shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium. Neither these Materials nor any portion thereof may be stored in a computer except for personal and non-commercial use.

    2. MESSAGE FEATURES:

    2.1) Participation: The Website may offer opportunities for you to transmit messages in connection with various features including email, message boards & voting systems (“Message Features”). You must use Message Features in a responsible manner, and are solely responsible for any content you transmit. You must not transmit any message (“Message”) in connection with any Message Feature that: (i) imposes an unreasonable or disproportionately large load on the Website’s infrastructure, or otherwise adversely affects, restricts or inhibits any other user from using and enjoying the Website; (ii) is threatening, abusive, libellous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent; (iii) constitutes or encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any local, state, national or international law; (iv) violates, plagiarizes or infringes the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right; (v) contains a virus or other harmful component; (vi) constitutes or contains false or misleading indications of origin or statements of fact; (vii) contains material irrelevant to the subject matter of the Message Feature; or (viii) contains any virus, Trojan horse, worm, time bomb, cancelbot or other similar harmful or deleterious programming routine. In order to participate in any Message Feature, you will be asked to register by providing certain personal information such as, for example, your name and email address. (The Website’s Privacy Statement explains how such information may be collected and used.) You will also be asked to select a user name (“User Name”) for identification purposes. You must not use any User Name that violates any term of subsections (i)-(viii) above, or any other operating term set forth by RATE THAT.

    2.2) License: By transmitting any Message or User Name, you are granting to RATETHATRESTAURANT.CO.ZA and to RATE THAT a perpetual, royalty-free, non-exclusive, and irrevocable right and license to reproduce, prepare derivative works based upon, distribute, perform or display such Message, User Name, in whole or in part, in any form, media or technology known or hereafter developed.

    2.3) Message and User Name Review: RATETHATRESTAURANT.CO.ZA and RATE THAT act as a passive conduit in connection with your use of Message Features. RATETHATRESTAURANT.CO.ZA and RATE THAT have the right, but not the obligation, to review, edit or delete any Message or User Name transmitted by you that they believe may create a liability for them, and also to deny access to any Message Feature. Display of any Message or User Name in any Message Feature does not constitute its approval or endorsement by RATETHATRESTAURANT.CO.ZA and RATE THAT. You acknowledge that Messages and Screen Names are not confidential and they may be read, intercepted by others and widely accessible on the World Wide Web. You acknowledge that by submitting Messages to this Website, no confidential, fiduciary, contractually implied or other relationship is created between you and RATETHATRESTAURANT.CO.ZA and RATE THAT other than as expressly set forth in this Agreement.

    3. TERMINATION AND VARIATION OF SERVICES:

    RATETHATRESTAURANT.CO.ZA and RATE THAT may change, suspend or discontinue any aspect of the Website at any time, including the availability of any Website feature, database, or content. They may also impose limits on certain features and services or restrict your access to parts or the entire Website without notice or liability.

    4. LIMITATION TO YOUR SUBSCRIPTION:

    Your subscription is strictly personal and limited to your personal use.

    5. LINKING:

    The Website may contain links and pointers to other World Wide Web sites and resources. Links to and from the Website to other Web sites maintained by third parties, do not constitute an endorsement by RATETHATRESTAURANT.CO.ZA and RATE THAT or any of its affiliates of any third party Web site or content. RATETHATRESTAURANT.CO.ZA and RATE THAT are not responsible for the availability of these third party resources or their contents. You should direct any concerns regarding any external link to its Web site administrator or Webmaster.

    6. DISCLAIMER OF WARRANTIES:

    6.1) USE OF THE WEBSITE AND THE SERVICES, ARE AT YOUR EXCLUSIVE RISK, AND THE RISK OF INJURY FROM THE FOREGOING RESTS EXCLUSIVELY WITH YOU.

    6.2) EXCEPT FOR ANY WARRANTIES THAT MAY BE EXPRESSLY PROVIDED BY THE APPLICABLE VENDOR, THE WEBSITE, INCLUDING, BUT NOT LIMITED TO ALL SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

    6.3) RATETHATRESTAURANT.CO.ZA AND RATE THAT DO NOT WARRANT THAT: (1) THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; (2) DEFECTS OR ERRORS IN THE WEBSITE OR SERVICES WILL BE CORRECTED; (3) THE WEBSITE OR THE SERVICES WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; OR (4) ANY INFORMATION CONTAINED IN THE WEBSITE, OR THE SERVICES WILL BE ACCURATE OR RELIABLE.

    7. LIMITATIONS ON LIABILITY:

    7.1) NOTWITHSTANDING ANY TERM IN THIS AGREEMENT, OTHER OPERATING TERM SET FORTH BY RATETHATRESTAURANT.CO.ZA AND RATE THAT, YOU ARE EXCLUSIVELY LIABLE FOR THE CONTENT OF EVERY MESSAGE AND USER NAME YOU TRANSMIT VIA THE WEBSITE.

    7.2) IN NO EVENT MAY RATETHATRESTAURANT.CO.ZA AND RATE THAT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO USE OF OR INABILITY TO USE THE WEBSITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF RATETHATRESTAURANT.CO.ZA AND RATE THAT HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE LIABILITY OF RATETHATRESTAURANT.CO.ZA AND RATE THAT IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

    8. INDEMNIFICATION:

    You hereby agree to indemnify and hold RATETHATRESTAURANT.CO.ZA and RATE THAT – and their respective shareholders, members, directors, officers, employees, agents and representatives – harmless from all claims, liabilities, damages and expenses (including attorneys’ fees and expenses) arising out of or relating to: (A) your use of the Website or (B) any alleged breach of this Agreement by you.

    9. TERMINATION:

    This Agreement may be immediately terminated at any time by RATETHATRESTAURANT.CO.ZA and RATE THAT in their sole discretion. In addition and without prejudice to any other remedy available to RATETHATRESTAURANT.CO.ZA and RATE THAT, and they may immediately terminate this Agreement if you breach any term of this Agreement or other operating term set forth by RATETHATRESTAURANT.CO.ZA and RATE THAT.

    10. CHOICE OF LAW AND JURISDICTION:

    Any controversy that may arise from this agreement will be governed by the Law of the Republic of South Africa and Court of jurisdiction will be the Court of Pretoria, also for connection and guarantee.

    11. MISCELLANEOUS:

    This Agreement constitutes the entire agreement between the parties, and supersedes all prior agreement and communications with respect to the subject matter herein. Sections 5, 6, 7, 9, 10 and 11 of this Agreement will survive any termination or cancellation of this Agreement. The section headings in this Agreement are for convenience only and must not be given any legal importance.

    12. ACCEPTANCE OF TERMS OF USE:

    By using the Website, you signify your agreement to the terms of this Agreement. If you do not agree to the terms in this Agreement, you must not use the Website. RATETHATRESTAURANT.CO.ZA and RATE THAT may change the terms of this Agreement at any time, and your use of the Website after such changes are posted will mean that you accept them.

    Rate That Restaurant © 2010 • Terms & Conditions