Terms & Conditions

HIP2B² MAGAZINE
TERMS OF USE

Agreement

1.    Your access to and use of the HIP2B2 magazine (“the magazine”) is subject to these terms of use. The digital version of the magazine may be subject to further terms and conditions which can be found at http://www.hip2b2.com, and which will govern your access and use of the digital version of the magazine along with these terms of use.

2.    If you do not agree to these terms of use, you must immediately stop accessing and using the magazine.

3.    BSquare Communications (Pty) Ltd (“BSquare”) reserves the right to amend these terms of use for any reason from time to time. Any amendment of these terms of use will only apply to subsequent editions of the magazine and you are requested to review the terms of use in force at the time that you access and use any subsequent editions of the magazine.

4.    If you under 18 years old, you confirm through your continued access and use of the magazine that you have your parent’s permission to do so according to these terms of use.

DISCLAIMER

5.    Notwithstanding that BSquare will use reasonable efforts to ensure the accuracy and correctness of any content and information contained in the magazine, BSquare cannot and does not guarantee the accuracy and correctness thereof.

6.    You hereby confirm and agree that any information contained in the magazine has not been compiled to meet your individual requirements and that you are responsible for satisfying yourself that the information is suited to your own requirements before entering into this agreement. If you are not so satisfied, your sole and exclusive remedy is to stop accessing and using the magazine.

7.    Information, ideas and opinions expressed in the magazine do not constitute professional advice, or the official opinion of BSquare, its directors, officers, employees, suppliers, service providers, publishers, partners, affiliates and agents. If you intend taking any action based on the information ideas and opinions expressed in the magazine, you are encouraged to seek independent professional advice before doing so.

8.    The magazine, and all content and information contained therein is provided “as is” and BSquare makes no representations or warranties, express or implied, including but not limited to warranties as to the correctness or suitability of the information contained therein.

LIMITATION OF LIABILITY

9.    BSquare, its directors, officers, employees, suppliers, service providers, publishers, partners, affiliates and agents, shall not be liable for any damage, loss or liability, howsoever arising, incurred by users or any other persons and resulting from their access and use or inability to access and use the magazine.

10.    While BSquare takes reasonable precautions to check any third party content and features which are included in the magazine,  BSquare does not guarantee the suitability, accuracy or correctness of such third party content and features and will not be held liable for any loss or damage arising from your access or use of such third party content and features.

INDEMNITY

11.    Users agree to indemnify and hold harmless BSquare, its directors, officers, employees, publishers, suppliers, service providers, advertisers, sponsors, partners, subsidiaries and affiliates from any claim, demand, action or application or other proceedings, including for attorneys fees and related costs, made by any third party and arising out of or in connection with the users access and use of the magazine.

Intellectual Property

12.    Copyright in all content and material contained in the magazine, including, but not limited to text, photographs, pictures, graphic design, video, sound recordings, computer programs, and published editions is owned by or licensed to BSquare.

13.    The copyright in any advertisements and other third-party content and materials vests in or is licensed to the relevant third-parties and is subject to the same protection as set out in clause 13.

14.    Unless otherwise stated, all content and material contained in the magazine is licensed under the Creative Commons Attribution Non Commercial Share Alike Licence, South Africa 2.5, a copy of which can be found at http://creativecommons.org/licenses/by-sa/2.5/za/, and the contents of which must be read as if specifically incorporated herein.

15.    The HIP2B2 name and logo are registered trademarks owned by BSquare and may not be used in any manner without its permission.

16.    You may not remove any copyright or other proprietary notices attached to the copyright protected material or to any trademarks used and/or associated with the magazine.

Educational and Teaching Use

17.    The content and material contained in the magazine may be used, printed, reproduced and distributed for educational and teaching purposes, subject to the following conditions being met:

17.1    The content and material may only be used and/or distributed within your own school;

17.2    The copyright protected material may not be used for any commercial and/or other non-educational purposes;

17.3    The relevant author or creator of the content must be credited;

17.4    The copyright and other proprietary notices attached to the content and material must not be altered or removed.

User generated content

18.    BSquare encourages and welcomes you to participate in sharing ideas and information with the HIP2B2 platform. Any content submitted by you (“user generated content”) will be assumed to have been submitted for publication free of charge, unless expressly agreed otherwise in writing between BSquare and you.

19.    The publication of user generated content is within the sole and exclusive discretion of BSquare.

20.    You retain all of your ownership rights in user generated content that you submit to BSquare. By submitting such content, you grant BSquare, its subsidiaries, affiliates, publishers, and licensees, a royalty-free, worldwide, perpetual license to display, distribute, reproduce, and create derivatives of the user generated content, in whole or in part, for any editorial, commercial or promotional purposes in connection with the magazine and/or any other information products and services offered now or in future by BSquare.

21.    If you believe that your work has been used in a way that may constitute copyright infringement, please send notification to BSquare at the following address or send an email to info@hip2b2.com.

Privacy

22.    BSquare may collect personal information about you from time to time, including but not limited to your name, age, address, contact number, email address, grade and name of school.

23.    If you wish to unsubscribe from any mailing list administered by BSquare, SMS the word “Unsubscribe” and your cellphone number to 31445, or send an email with the word “unsubscribe” in the subject header using the email address listed on the relevant database to unsubscribe@hip2b2.com.

24.    BSquare will take reasonable care to ensure that the privacy of your personal information is safeguarded.

25.    BSquare may process your personal information for marketing and promotional purposes, including promotions associated with BSquare’s other content products and services.

26.    BSquare shall not use your personal information for any other purpose without your written consent. BSquare shall not disclose your personal information to any third parties who are not involved in the production and delivery of BSquare’s content products and services unless you have given your written consent for it to do so.

SMS rules

27.    You must include your name and surname in any SMS’s sent to BSquare.

28.     All SMS’s are charged at standard rates, free minutes do not apply.

Advertising

29.    The magazine may contain advertising and sponsorship by third parties. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion in the magazine complies with all applicable laws and regulations, including the Consumer Protection Act of 2008.

30.    BSquare will not be responsible or liable for any loss or damage caused by any inaccuracies or errors in any advertising or sponsorship material contained in the magazine.

Competitions and promotions

31.    BSquare may run competitions and other promotions in the magazine from time to time. These competitions and promotions will be subject to additional terms and conditions which will be made available to users and/or entrants at the applicable time.

Prizes and promotional products and services

32.    BSquare offers no warranties, express or implied, of any kind with respect to products and services offered as prizes or for promotional purposes in or through the magazine, including but not limited to, merchantability, and fitness for a particular purpose.

33.    You acknowledge that you have not specifically informed BSquare of any particular purpose for which you wish to acquire or use any products or services to be won or acquired.

34.    In no event shall BSquare, its directors, officers, employees, publishers, suppliers, service providers, advertisers, sponsors, partners, subsidiaries and affiliates be liable for special, indirect, consequential, or punitive damages related to any product or service sold on or through the information products and services.

35.    All claims relating to any product or service warranties offered by third party manufacturers or service providers should be made directly to such third party in accordance with their terms and conditions.

General

36.    The magazine, including the digital version, is directed at users in South Africa. BSquare will not be liable for any loss or damage suffered by any person who accesses or uses the magazine outside of South Africa.

37.    These terms of use are deemed to have been concluded in Cape Town, South Africa and the laws of South Africa shall govern this agreement.

38.    In the event of any dispute or difference arising between the parties relating to or arising out of these terms of use, including the implementation, execution, interpretation, rectification, termination or cancellation of these terms of use, such dispute shall be referred to arbitration in Cape Town in accordance with the Rules of the Arbitration Foundation of Southern Africa (or any succeeding body) by an arbitrator or arbitrators appointed by the Foundation. The decision of the arbitrator shall be final and binding and may be made an order of Court at the instance of any party to the arbitration. The provisions of this clause are separate and severable from the rest of these terms of use and shall remain in effect despite the termination or invalidity for any reason of the remainder of these terms of use.

39.    No failure to exercise, or any delay in exercising, any right, power or remedy under these terms of use or by law shall operate as a waiver, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise or the exercise of any other right or remedy.

40.    If at any time any provision of these terms of use is or becomes illegal, invalid or unenforceable in any respect under any law of any jurisdiction, neither the legality, validity or enforceability of the remaining provisions nor the legality, validity or enforceability of such provision under the law of any other jurisdiction will, in any way, be affected or impaired

41.    These terms of use constitute the entire agreement between BSquare and you and they supersede any prior written or oral agreement between you.

42.    The grant of any indulgence, extension of any time or relaxation of any provision by a party to this agreement shall not constitute a waiver of any right by the grantor or prevent or adversely affect the exercise by the grantor of any existing or future right of the grantor.

 

HIP2B2 WEBSITE

TERMS AND CONDITIONS OF USE

Definitions

1.    The following terms will be assigned the following meanings when used in these terms and conditions:

1.1    “BSquare” and/or “we” means BSquare Communications (Pty) Limited, the proprietor of the HIP2B2 website;

1.2    “user” means any person accessing any part of the website, including the home page;

1.3    “consumer” means any person (including juristic persons, partnerships and trusts) who enters or intends entering into an electronic transaction with this website as the user of the goods and/or services offered by this site;

1.4    “this website” means http://www.hip2b2.com and all content found therein, including but not limited to any text, images, computer programs, software code, metadata, databases, graphic design elements and all other materials accessible through the site, excluding links to external third party websites;

1.5    “Intellectual Property Rights” means all patents, trademarks, designs, trade or business names, trade secrets, know-how, and copyright or any changes or additions thereto (if any), whether or not registerable, registered or application for registration of any such rights has been made in any country;

1.6    “ECT Act” means the Electronic Communications and Transactions Act 25 of 2002;

1.7    “party/ies” means BSquare and the user, or any one of them as the context indicates;

2.    The clause headings in these terms and conditions have been inserted for purposes of convenience only and will not be taken into consideration in its interpretation;

3.    Any reference to:

3.1    the singular includes the plural and vice versa;

3.2    any gender includes the other genders; and

3.3    a natural person includes a juristic person and vice versa.

4.    The rule of construction that a contract shall be interpreted against the party responsible for the drafting or preparation of the contract shall not apply to these terms and conditions and the parties waive any rights they have to rely on such rules.

5.    Any reference to “days” means calendar days, and any time period prescribed in these terms and conditions will be calculated by excluding the first and including the last day of that period.

6.    The word “including” means “including without limitation”. The use of the word “including” followed by a specific example/s will not be construed as limiting the meaning of the general wording preceding it.

Binding agreement

7.    BY ACCESSING AND USING THIS WEBSITE, THE USER AGREES TO AND IS DEEMED TO HAVE ACCEPTED ALL THE TERMS AND CONDITIONS CONTAINED HEREIN, INCLUDING ANY PRIVACY OR OTHER POLICIES WHICH MAY BE PUBLISHED ON THIS WEBSITE FROM TIME TO TIME.

8.    IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE, YOU MUST LEAVE THIS WEBSITE IMMEDIATELY AS YOUR CONTINUED ACCESS AND USE OF THE WEBSITE WILL BE INFERRED TO BE A STATEMENT OF YOUR INTENT TO BE BOUND BY THESE TERMS AND CONDITIONS AS PER SECTION 24 OF THE ECT ACT.

9.    Should these terms and conditions not be accessible from any link provided on this website, a copy may be requested by contacting BSQUARE on +27 21 4619627 or info@hip2b2.com.

Registration

10.    When registering to use this website, users agree that:

10.1    they will provide full and accurate information when required, including a username and password;

10.2    registration is for a single user and a user’s username and password cannot be shared with any other person or be used to allow multiple access to other users over a network;

10.3    they will not impersonate or attempt to impersonate any other person or use any false names or details when registering; and

10.4    they will frequently check and update the information pertaining to their registration.

Acceptable use of this website

11.    Users agree that they will not utilise this website or any service provided on or through it to:

11.1    upload, post or otherwise transmit any content that is unlawful, harmful, abusive, defamatory, obscene or otherwise objectionable;

11.2    upload, post or otherwise transmit any content that constitutes harassment or hate speech, or which is invasive of the privacy of another;

11.3    impersonate any person connected to this website or any service provided on it or otherwise misrepresent their association with any such person;

11.4    take any steps to disguise the origin of any communications or content;

11.5   take any steps to restrict access to any part of this website;

11.6    upload, post or otherwise transmit any content that infringes the intellectual property rights of a third party or which the member is restricted from uploading, posting or otherwise transmitting by operation of law, contract or duty of care;

11.7    use this website or any service provided on it to engage in any unsolicited, unlawful or unauthorised marketing, advertising or promotional activities, including but not limited to the harvesting of addresses and the sending of spam and chain letters;

11.8    upload, post or otherwise transmit any content that contains any malicious code which is designed to or will have the effect of disrupting in any way and to any degree the operation of this web site or any service provided on it, and of any software, hardware or electronic communications equipment on which it relies for its operation;

11.9    collect and / or store data on any other user or users;

11.10    engage in any commercial activity on or through the website without the prior written consent of BSQUARE.

No offer

12.    Users should regard nothing contained in this website as an offer, but rather as an invitation to do business.

User’s consumer rights under the ECT Act

13.    The purchase and sale of any goods or services displayed on this website may be classified as “an electronic transaction” for the purposes of the ECT Act. Users, who are consumers for the purposes of Chapter 7 of the ECT Act, enjoy certain rights in relation to such transactions which are set out below.

14.    BSquare is required in terms of section 43 of the ECT to provide users with the following information:

14.1    Website owner: BSquare Communications (Pty) Limited;

14.2    Legal status: BSquare Communications (Pty) Limited is a private company with limited liability, duly incorporated in accordance with the Company Laws of South Africa, as amended from time to time;

14.3    Registration Number: 2006/029384/07;

14.4    Directors: Graeme Comrie, Julia Fourie;

14.5    Description of main business: Owner of the HIP2B2 brand, an education initiative that promotes the study of maths, science and technology related subjects to develop entrepreneurial skills;

14.6    Telephone number: +27 21 4619627;

14.7    Facsimile number: +27 21 4619742;

14.8    E-mail address: info@hip2B2.com;

14.9    Website address: http://www.hip2B2.com;

14.10    Physical Address: The Boulevard Office Park, No 37, Ground Floor, Searle Street, Woodstock, Cape Town, 8001, South Africa;

14.11    Postal Address: B Square Communications Pty Ltd, Boulevard Kwikspar, 168843, Searle Street, Woodstock, Salt River, 7925;

14.12    Registered Address: 12 Plein Street, Durbanville, Cape Town, 7551, South Africa ;

14.13    VAT Number: 4730236934.

15.    The rights contained in section 44 of the ECT Act do not apply to the content and information goods and services provided on this website.

Disclaimers

16.    This entire website, including text, images, links, downloads and coding, is provided “as is” and “as available”. BSquare makes no representations or warranties, express or implied, including but not limited to warranties as to the correctness or suitability of either the website or the information contained in it.

17.    Users agree that their access to and use of this website, including the downloading and/or use of any information or materials from this website, is at their own risk and that they will be solely responsible for any damage to any information system or loss of data that results from such access and use.

Limitation of liability

18.    Users hereby confirm and agree that any content and information contained in this website has not been compiled to meet their individual requirements and that they are responsible for satisfying themselves that the content and information accessed and used is suited to their own requirements. If they are not so satisfied, their sole and exclusive remedy is to stop accessing and using this website.

19.    Information, ideas and opinions expressed in this website do not constitute professional advice, or the official opinion of BSquare, its directors, officers, employees, suppliers, service providers, publishers, partners, affiliates and agents. If you intend taking any action based on the information, ideas and opinions expressed in this website, you are encouraged to seek independent professional advice before doing so.

20.    BSquare, its directors, officers, employees, publishers, suppliers, ISPs, partners, affiliates and agents, shall not be liable for any damage, loss or liability, howsoever arising, incurred by users or any other persons, including but not limited to direct, economic, consequential loss or loss of profits, resulting from the use of, or the inability to use, this website in any manner.

21.    In particular, BSquare will not be liable for the following:

21.1    providing access to, or transmitting, routing or storing any data messages via this website, provided that BSquare did not initiate the transmission, select the addressee, or modify the data contained in the relevant data message and performed its functions in an automatic and technical manner;

21.2    the automatic, intermediate and temporary storage of any data transmitted via this website, where the purpose of storing such data is to make the onward transmission of the data more efficient to others upon their request, provided that BSquare does not modify the data, complies with conditions and rules on accessing and updating the data, and does not interfere with the lawful use of technology, widely recognised and used in this regard;

21.3    the storage of data provided by users or any other party where BSquare does not have actual knowledge that the data message or an activity relating to the data message is infringing the rights of another party, or is not aware of facts or circumstances from which the infringing activity or the infringing nature of the data message is apparent, and, upon receipt of a valid take-down notification, acts expeditiously to remove or to disable access to such data;

21.4    referring or linking users to another webpage containing an infringing data message or infringing activity, where BSquare does not have actual knowledge that the data message or activity relating to the data message is infringing the rights of another party, or is not aware of facts or circumstances from which the infringing activity or the infringing nature of the data message, and it does not receive any financial benefit directly attributable to the infringing activity or data message, and removes the reference or link within a reasonable time after being notified of the infringing activity or data message.

22.    For the purposes of clause 19.3, BSquare designates the following person as its agent to receive notifications of infringement:

Louise Day, 021 4619627, The Boulevard Office Park, No 37, Ground Floor, Searle Street, Woodstock, Cape Town, 8001, South Africa, louise@hip2b2.com

Take down notifications

23.    Users who become aware of any infringing activity or content connected to or with this website are requested to submit written notification of such unlawful activity or content to BSquare or to its designated agent as detailed in clause 20.

24.    Such written notifications must be signed by the user and include the following:

24.1    the user’s full names, physical address, telephone number and email address;

24.2    identification of the right that has allegedly been infringed;

24.3    identification of the material or activity that is claimed to be the subject of the complaint;

24.4    the remedial action required to be taken by BSquare in respect of the complaint;

24.5    a statement that the user is acting in good faith;

24.6    a statement by the user that the information in the notification is to his or her knowledge true and correct;

25.    Should a user knowingly and materially misrepresent the facts in any notification, they will be liable for damages for wrongful take-down.

26.    BSquare will not be liable for any damages for wrongful take-down.

Indemnity

27.    Users agree to indemnify and hold harmless BSquare, its directors, officers, employees, publishers, suppliers, ISPs, servants, subcontractors, partners, subsidiaries and affiliates from any demand, action or application or other proceedings, including for attorneys fees and related costs made by any third party and arising out of or in connection with the users use of this website, third party websites or any of the content offered through such sites in any way.

Security and monitoring

28.    While BSquare takes all reasonable security precautions to protect the accessibility and integrity of this website and all content contained therein, BSquare will not be liable for any damage caused by the malicious use of this website or by the introduction or downloading of any harmful or destructive data or code that is passed on to the user through their use of this website.

29.    The following acts in connection with this website are expressly prohibited and will constitute a criminal offence under South African law:

29.1    Gaining or attempting to gain unauthorised access to this website or any part thereof;

29.2    Intercepting or attempting to intercept any data contained in or transmitted to or from this website without authority or permission to do so;

29.3    Interfering or attempting to interfere with any data contained in or transmitted to or from this website without authority or permission to do so;

29.4    Using or attempting to use any device, including a computer program or a component designed primarily to overcome any security measures for the protection of data, to overcome any security measures used by BSQUARE in relation to this website;

29.5    Interfering with the access of others to this website which constitutes a denial, or partial denial of service to such persons;

29.6    Delivering or attempting to deliver any unauthorised or malicious code or content to this website; and/or

30.    There is no general obligation on BSquare to monitor any data which is transmitted or stored via this website; or to actively seek facts or circumstances which may indicate any unlawful activity. However, in order to provide a relevant and secure service and where required to do so under law, BSquare may monitor and/or intercept electronic communications which are sent and received by this website from time to time.

31.    The user hereby acknowledges that they are aware of such potential monitoring and/or interception and they expressly and voluntarily consent thereto.

Intellectual Property Rights

32.    Copyright in all content and material contained in this website, including, but not limited to text, photographs, pictures, graphic design, video, sound recordings, computer programs, and databases is owned by or licensed to BSquare.

33.    The copyright in any advertisements and other third-party content and materials vests in or is licensed to the relevant third-parties and is subject to the same protection as set out in clause 32.

34.    Unless otherwise stated, all content and material contained in this website is licensed under the Creative Commons Attribution Non Commercial Share Alike Licence, South Africa 2.5, a copy of which can be found at http://creativecommons.org/licenses/by-sa/2.5/za/, and the contents of which must be read as if specifically incorporated herein.

35.    The HIP2B2 name and logo are registered trademarks owned by BSquare and may not be used in any manner without its permission. OK I see this now so it can be taken out above

36.    You may not remove any copyright or other proprietary notices attached to the copyright protected material or to any trademarks used and/or associated with this website.

Educational and Teaching Use

37.    The content and material contained in this website may be used, printed, displayed, reproduced and distributed for educational and teaching purposes, subject to the following conditions being met:

37.1    The content and material may only be used and/or distributed within your own school;

37.2    The copyright protected material may not be used for any commercial and/or other non-educational purposes;

37.3    The relevant author or creator of the content must be credited;

37.4    The copyright and other proprietary notices attached to the content and material must not be altered or removed.

User generated content

38.    BSquare encourages and welcomes you to participate in sharing ideas and information with the HIP2B2 platform. Any content submitted by you (“user generated content”) will be assumed to have been submitted for publication free of charge, unless expressly agreed otherwise in writing between BSquare and you.

39.    The publication of user generated content is within the sole and exclusive discretion of BSquare.

40.    You retain all of your ownership rights in user generated content that you submit to BSquare. By submitting such content, you grant BSquare, its subsidiaries, affiliates, publishers, and licensees, a royalty-free, worldwide, perpetual license to display, distribute, reproduce, and create derivatives of the user generated content, in whole or in part, for any editorial, commercial or promotional purposes in connection with this website and/or any other information products and services offered now or in future by BSquare.

41.    If you believe that your work has been used in a way that may constitute copyright infringement, please send notification to BSquare at the following address or send an email to info@hip2b2.com.

Privacy and Confidentiality of communications

42.    BSquare may collect personal information including but not limited to your name, age, address, contact number, email address, grade and name of school.

43.    BSquare may process your personal information for marketing and promotional purposes, including promotions associated with BSquare’s other content products and services.

44.    BSquare shall not use your personal information for any other purpose without your written consent. BSquare shall not disclose your personal information to any third parties who are not involved in the production and delivery of BSquare’s content products and services unless you have given your written consent for it to do so.

45.    BSquare respects the privacy of users’ personal information.

46.    If you wish to unsubscribe from any mailing list administered by BSquare, SMS the word “Unsubscribe” and your cellphone number to 31445 (standard sms rates apply), or send an email with the word “unsubscribe” in the subject header using the email address listed on the relevant database to info@hip2b2.com.

SMS rules

47.    You must include your name and surname in any SMS’s sent to BSquare.

48.    All SMSes are charged at R1.00, free minutes do not apply. Standard sms rates apply.

Advertising and sponsorship

49.    This website may contain third party advertising. Advertisers are responsible for ensuring that material submitted for inclusion in this web site complies with all applicable laws and regulations.

50.    BSquare will not be responsible or liability for any error or inaccuracy appearing in any advert which appears on this website.

Competitions and promotions

51.    BSquare may run competitions and other promotions on this website. These competitions and promotions will be subject to additional terms and conditions which will be made available to users and/or entrants at the applicable time.

Prizes and promotional products and services

52.    BSquare offers no warranties, express or implied, of any kind with respect to products and services offered as prizes or for promotional purposes in or through this website, including but not limited to, merchantability, and fitness for a particular purpose.

53.    You acknowledge that you have not specifically informed BSquare of any particular purpose for which you wish to acquire or use any products or services to be won or acquired.

54.    In no event shall BSquare, its directors, officers, employees, publishers, suppliers, service providers, advertisers, sponsors, partners, subsidiaries and affiliates be liable for special, indirect, consequential, or punitive damages related to any product or service sold on or through the information products and services.

55.    All claims relating to any product or service warranties offered by third party manufacturers or service providers should be made directly to such third party in accordance with their terms and conditions.

Search technology

56.    BSquare provides search functionality on this website. However, BSquare does not warrant that such functionality will always be suitable, available and/or accurate, and it does not accept liability for any inconvenience, loss or harm that may be caused to any party as a result of the search functionality of the website not being suitable, available and/or accurate.

57.    No technology or applications may be used to perform automated searches of this website and its content, including the use of web crawlers or web spiders, without the express, prior written permission from BSquare, unless used for the performance of its services by a legitimate search engine operator.

58.    The use of search technology in an unlawful manner, or for the collecting or harvesting of data for commercial gain, or which obstructs the efficient operation of this website is strictly prohibited.

Hyperlinks, deep links & framing

59.    Permission to link to this website is given without assumption of any liability on the part of BSquare. BSquare reserves the right to withdraw such permission at any time and for any reason.

60.    Hyperlinks, whether in the form of text, images or banner advertising, contained in this website and directed towards other websites are provided without any warranties or endorsements as to the content, suitability, accuracy or security of the website linked to. This website does not control and/or edit the content of the other websites or pages linked to, and BSquare disclaims all liability, direct or indirect, which may arise from the use or inability to use a link or a linked-to website. Use of the websites or pages linked to is exclusively at the risk of the user.

61.    Express, prior written permission from BSquare, which may be subject to any further terms and conditions that it deems fit, is required before this website, any of its pages and/or any of the content contained therein is framed. Requests for permission can be submitted to info@hip2b2.com.

Termination of this agreement

61.1    BSquare reserves the right, in its sole and absolute discretion and without prior notification, to terminate access to and use of this website by any user for any action or inaction by a user which constitutes a breach of these terms and conditions of use, or as a result of events beyond the reasonable control of BSquare, including technical failures, or for any other valid reason in law.

Applicable law and jurisdiction

62.    The user hereby agrees that the law applicable to these terms and conditions of use, their interpretation, and any matter or litigation in connection therewith or arising from them will be the law of the Republic of South Africa.

63.    This website is owned, hosted and maintained within the Republic of South Africa.

64.    When using this site and agreeing to these terms and conditions, you agree that such use and agreement is deemed to have taken place in Cape Town, South Africa.

Dispute resolution

65.    In the event of any dispute or difference arising between the parties relating to or arising out of these terms and conditions, including the implementation, execution, interpretation, rectification, termination or cancellation of the agreement constituted thereby, the said dispute or difference shall be submitted to arbitration in Cape Town in accordance with the Rules of the Arbitration Foundation of Southern Africa (or any succeeding body) by an arbitrator or arbitrators appointed by the Foundation.

66.    Notwithstanding anything to the contrary contained herein, any party to the arbitration may seek interlocutory relief in any competent court having jurisdiction pending the institution of appropriate proceedings for the enforcement of any rights under this agreement.

67.    The parties undertake to keep the arbitration, including the subject matter of the arbitration and the evidence heard during the arbitration, confidential and not to disclose it to anyone except for the purposes of an order to be made in the arbitration.

68.    The decision of the arbitrator shall, in the absence of manifest error, be final and binding on the parties and may be made an order of any competent court in South Africa at the instance of any party.

69.    These provisions are separate and severable from the rest of this agreement and, accordingly, will remain in effect despite the termination or invalidity for any reason of these terms and conditions.

Amendment of these terms and conditions of use

70.    BSquare reserves the right, at any time, to amend any of these terms and conditions of use without any specific notice being given to the user. An updated version of the terms and conditions will be posted on this website and it will be the sole responsibility of the user to check and read the latest version of these terms and conditions when accessing the website.

71.    If the user objects to any amendment of these terms and conditions, their sole remedy will be to terminate their access and use of this website.

General provisions

72.    Each of the terms and conditions of use are deemed to be separate and severable from each other and if any term or condition contained herein is found by any court of competent jurisdiction to be invalid and/or unenforceable then, notwithstanding such invalidity and/or unenforceability, the remaining terms and conditions will be and remain of full force and effect.

73.    These terms and conditions of use and any other policies published on this website, constitute the entire agreement between the parties regarding the access and use of this website. No other agreements, representations or warranties between the parties regarding the access and use of this website other than those set out herein are binding on the parties.

74.    No latitude, extension of time or other indulgence which may be given or allowed by any party to the other in respect of the performance of any obligation under these terms and conditions will be construed to be an implied consent or election by such party, or operate as a waiver or a novation of, or otherwise affect any of the party’s rights in terms of or arising from these terms and conditions.

Users under 18 years

75.    If you are 18 years or younger, you confirm through your continued access and use of this website that you have your parent’s permission to do so according to these terms and conditions of use.

76.    Parents of minor children (i.e. under the age of 18 years) warrant that they have, prior to giving permission to their children to access and use this website, read and understood these terms of use, and that, by allowing their child to continue to access and use this website, they confirm their acceptance thereof.