User Rating: / 1
PoorBest 

Set forth below are the "Terms and Conditions" governing Overberginfo.com web site located at, or linked to through, the root URL www.Overberginfo.com. Please read this page carefully. If you do not accept the Terms and Conditions stated here, do not use this web site and service. By using this web site, you are indicating your acceptance to be bound by the terms of these Terms and Conditions. The Overberginfo.com, (the "Company") owner of Overberginfo.com, may revise these Terms and Conditions at any time by updating this posting.

You should visit this page periodically to review the Terms and Conditions, because they are binding on you and may change without notice. The terms "You" and "User" as used herein refer to all individuals and/or entities accessing this web site for any reason.

Use of site:

Use of this website by individuals must be eighteen years of age or older to register as a member of Overberginfo.com or use the Web site. Membership in the Service is void where prohibited. By using the Web site, you represent and warrant that you have the right, authority, and capacity to agree to and to abide by all of the terms and conditions of this Agreement.

Use of this website by individuals under 13 years of age is prohibited. Members under the age of 18 may only become members of this site if messages, communication and site updates are handled through a parent or legal guardian acting as a liaison.

Use of Material:

The Company authorizes you to view and download a single copy of the material on Overberginfo.com (the "Web Site") solely for your personal, noncommercial use.

The contents of this Web Site, such as text, graphics, images, logos, button icons, software and other "Material", are protected under United States and foreign copyright, trademark and other laws. All Material is the property of the Company or its content suppliers, vendors and clients. The compilation (meaning the collection, arrangement and assembly) of all content on this Web Site is the exclusive property of the Company and protected by South African. and international copyright laws. Unauthorized use of the Material may violate copyright, trademark, and other laws. You must retain all copyright, trademark, service mark and other proprietary notices contained in the original Material on any copy you make of the Material. You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. The use of the Material on any other web site or in a networked computer environment for any purpose is prohibited. Further, the HTML code that is created by the Company while generating its pages is also protected by the Company's copyright.

Registration:

Membership to Overberginfo.com is "FREE". You will need to register with Overberginfo.com in order to use any of the membership features. You can register on-line. All registration information provided by you must be accurate and updated. If any of your registration information changes, you can update it from your Home Page by selecting the My Profile tab. There is no charge for membership to The Overberginfo.com.

Termination:

You may cancel your membership at any time. Just enter "My profile" page, choose "Account Info" tab and push the "Delete" button.
Overberginfo.com may terminate your membership for violation of these terms and conditions. subscription period

Acceptable Site Use:

General Rules: Users may not use the Web Site in order to transmit, distribute, store or destroy material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, (c) that is defamatory, obscene, threatening, abusive or hateful, or (d) otherwise prohibited by the Company.

Web Site Security Rules. Users are prohibited from violating or attempting to violate the security of the Web Site, including, without limitation, (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Web Site, overloading, "flooding", "spamming", "mailbombing" or "crashing", (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. The Company will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

This site is designed for parties who can legally make binding contracts under applicable law. Therefore, minors are not allowed to use this site without permission of their parents or guardians. Minors who can not meet these requirements may not use this Web Site.

You are also expected to follow all laws and regulations that may be associated with any of the activities involved with the use of the Web Site. You are also expected to pay for any state fees or applicable taxes that may be associated with the activities from this Web Site.

Specific Prohibited Uses:

The Web Site may be used only for lawful purposes by individuals wanting to use the sites services as shown. The Company specifically prohibits any use of the Web Site, and all users agree not to use the Web Site, for any of the following:

1. Posting any incomplete, false or inaccurate information in the open discussions and chat forum sections (if applicable) or other areas of the Web Site. This includes, but is not limited to, any postings that are sexually implicit, use derogatory statements or offensive language, are implicit or immoral in nature, are harassing or libelous, and any unlawful statement.
2. Posting any false or inaccurate biographical information when setting up an account or requesting other information from this Web Site. This includes, but is not limited to misrepresenting yourself, your company, and company goods and/or services.
3. Posting any incomplete, false or inaccurate information in any other part of this Web Site. This includes, but is not limited to posting misleading or false product, service or service request information.
4. Posting of any corrupted files, viruses and other software damaging activities.
5. Posting any franchise, pyramid scheme, multi-level marketing, "club membership", distributorship or sales representative agency arrangement or other business opportunities which requires an up front or periodic payment, pays commissions only, requires recruitment of other members, sub-distributors or sub-agents, or other commercial venture.
6. Attempting to gather or solicit other user's information for any reason not authorized by the Company.
7. Deleting or revising any material posted by any other person or entity. This includes, but is not limited to, the infringement of any third party's content or transmission.
8. Using any device, software or routine to interfere or attempt to interfere with the proper working of this Web Site or any activity being conducted on this site.
9. Taking any action that imposes an unreasonable or disproportionately large load on this Web Site's infrastructure.
10. If you have a password allowing access to a non-public area of this Web Site, disclosing to or sharing your password with any third parties or using your password for any unauthorized purpose.
11. Notwithstanding anything to the contrary contained herein, using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Web Site other than the search engine and search agents available from the Company on this Web Site and other than generally available third party webrowsers, such as Netscape Navigator and Microsoft Explorer.
12. Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Web Site.
13. Aggregating, copying or duplicating in any manner any of the materials or information available from the Web Site.
14. Framing of or linking to any of the materials or information available from the Web Site.
15. Violate any other posted policy in regards to the use of this Web Site, regardless as to where the policy is located at on the Web Site.
16. The Company has a right to refuse to post any message or other postings if the Company believes it is in violation of these terms and conditions. The Company also reserves the right to terminate your use of this site if you violate any of these prohibited uses.
17. Intimidate or harass another.
18. Impersonate any person or entity, or falsely state or otherwise misrepresent yourself or your affiliation with any person or entity.
    

User Information:

When you register (for an account or other information) regardless of reason for the Web Site, you will be asked to provide the Company with certain information including, without limitation, a valid email address (your "Information"). In addition to the terms and conditions that may be set forth in any privacy policy on this Web Site, you understand and agree that the Company may disclose to third parties, on an anonymous basis, certain aggregate information contained in your registration application. The Company will not disclose to any third party your name, address, e-mail address or telephone number without your prior consent (and you may opt out of this as well), except to the extent necessary or appropriate to comply with applicable laws or in legal proceedings where such information is relevant. The Company reserves the right to offer third party services and products to you based on the preferences that you identify in your registration and at any time thereafter; such offers may be made by the Company or by third parties. Please see the Company's Privacy Policy for further details regarding your Information.

The Company does not sell or rent your personal information to third parties for marketing purposes without your consent and we only use your information as described here and in the Privacy Policy. Your personal information and safeguarding it is very important to the Company. Your information is on computers and is protected by physical as well as technological security devices. If you object to your Information being transferred or used in this way please do not use our services.

User Submissions:

As a user, you are responsible for your own communications and are responsible for the consequences of their posting. You must not, and by using this Web Site you agree not to, do the following things (as mentioned above): post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; post material that reveals trade secrets, unless you own them or have the permission of the owner; post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity; post a sexually-explicit image or statement; post advertisements or solicitations of business, post chain letters or pyramid schemes; impersonate another person; or post material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.

It is the responsibility of the User to verify the accuracy of all the information (including personal) posted by that party to the Web Site.
The Company does not represent or guarantee the truthfulness, accuracy, or reliability of communications posted by users or endorse any opinions expressed by users. As a user, you will be liable for all damages based on your content. You acknowledge that any reliance on material posted by other users will be at your own risk.

The Company does not represent or guarantee the truthfulness, accuracy, or reliability of communications posted by the Company, such as articles and interviews, nor does the Company endorse any opinions expressed in these postings. The Company does not endorse any of the products that are sold on this web site. All postings by the Company and products sold are for informational and convenience purposes only.
The Company acts as a passive conduit for the online distribution and publication of user-submitted information, such as company ("Vendor") and product information, as well as lyrics, and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring material posted by users. If notified by a user of communications which allegedly do not conform to these Terms and Conditions, the Company may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. The Company has no liability or responsibility to users for performance or nonperformance of such activities. The Company reserves the right to expel users and prevent their further access to the Web Site for violating the Terms and Conditions or the law and the right to remove communications which are false, misleading, abusive, illegal, or disruptive. The Company may take any action with respect to user-submitted information that it deems necessary or appropriate in its sole discretion if it believes it may create liability for the Company or may cause the Company to lose (in whole or in part) the services of its ISPs or other suppliers.

By submitting content to any public or non-public area of the Web Site, including regular postings, message boards, forums, contests, photographs and chat rooms, you grant the Company and its affiliates the loyalty-free, perpetual, irrevocable, sublicenseable (through multiple tiers), non-exclusive right (including any moral rights) in your copyright, trademark, publicity and database rights, a license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also warrant that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any subscriber to access, display, view, store and reproduce such content for personal use. These rights also include your information in any media now known or not currently known. Subject to the foregoing, the owner of such content placed on the Web Site retains any and all rights that may exist in such content. The owner of any lyrics will remain the owner and retain all rights in those lyrics. This information will only be used in accordance with the Company's privacy policy.
Any hyperlinks contained in any postings will be, at the discretion of the Company, disabled for use by others.

Intellectual property posted.

Any sound recordings, musical and/or vocal works, pictures, videos, song lyrics, text, resumes, bios, manuscripts and/or other materials (collectively the "Material") submitted by you shall be available for Overberginfo.com and their affiliates, to use on a non-exclusive basis anywhere and everywhere throughout the universe without any payment to you. You agree to authorize and/or license Overberginfo.com to reproduce, distribute, publicly perform, publicly display and digitally perform and/or distribute the Material in whole or in part, alone or together with other material. Overberginfo.com will not sell your material to anyone, their goal is to promote your work, not exploit it.

License Grant:

If you post or submit material, (unless we indicate otherwise), you grant Overberginfo.com and its affiliates a royalty-free, non-exclusive, worldwide, non-terminable, perpetual right and license, but not the obligation, to post, display, exhibit, reproduce, mechanically reproduce, modify, adapt, translate, encode, print, distribute, transmit, retransmit, stream, archive, stream on-demand, make available digitally for download and publicly perform, broadcast, rebroadcast, and webcast through any use of Internet based protocols, distribute in any media through any electronic, wireless or broadband means, now known or hereafter devised, electronically publish and synchronize with visual images, electrically transcript, your content and Materials. This license applies to any and all content of any sort submitted or in any way posted under the terms in effect at the time of the submission. This license will terminate when you terminate your membership with Overberginfo.com.

Registration:

You are responsible for maintaining the confidentiality of your information. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify the Company of any unauthorized use of your registration.

Copyright Notification in the Event of Possible Infringement:

If you believe that your copyrighted work has been uploaded, posted or copied to this Web Site and is accessible on this Web Site in a way that constitutes copyright infringement, please notify us by providing the Company with the following information:

   1. The physical or electronic signature of either the copyright owner or of a person authorized to act on the owner's behalf;
   2. A description of the copyrighted work you claim has been infringed, and a description of the activity that you claim to be infringing;
   3. Identification of the URL or other specific location on this web site where the material or activity you claim to be infringing is located or is occurring; you must include enough information to allow us to locate the material or the activity;
   4. Your name, address, telephone number and, if you have one, your e-mail address;
   5. A statement by you that you have a good faith belief that use on the web site of the copyrighted work in the manner you are complaining of is not authorized by the copyright owner, any agent of the copyright owner, or the law; and
   6. A statement by you, made under penalty of perjury, that the information you have provided in your notice is accurate and that you are either the copyright owner or are authorized to act on behalf of the copyright owner.

Questions concerning Overberginfo.com's Copyright and Trademark Infringement Policy and Notification Procedure should be addressed as described in No. 6 above or by calling +27 (0)84 555 0811.

Please note, until receiving notification from Content Providers and Complainants that their disputes have been resolved, it is unlikely that Overberginfo.com knowingly will permit any Content Provider, including the Complainant, to post such allegedly infringing Content and/or the Name on the Website. Of course, Overberginfo.com will be happy to cooperate as is reasonable with respect to implementing any agreement among the parties to such a dispute

Termination of Users who Violate the Company's policy on infringement of Copyright or other Intellectual Property rights of Others:

The Company, and all of our affiliated companies respect the intellectual property of others, and we ask our users, account holders and content partners to do the same. The companies use of these lyrics are for educational use only and are not intended to be used for any other reason. The unauthorized reproduction, copying, distribution, modification, public display or public performance of copyrighted works constitutes infringement of the copyright owner's rights. As a condition to your use of this Web Site, you agree not to use the Web Site to infringe the intellectual property rights of others in any way. We will terminate the accounts of any account holders, and block access to our Web Site of any users, who are repeat infringers of the copyrights, or other intellectual property rights, of others. We reserve the right to take these actions at any time, in our sole discretion, with or without notice, and without any liability to the account holder who is terminated or to the user whose access is blocked.

The Company may terminate your membership for any reason, at any time

The Company’s Liability:

overberginfo.com is only a venue. This Web Site acts as a venue for users (such as Vendors, Customers and other parties) to post information about their company, goods and services, as well as other related information, and does not screen or censor the posting made. The web site is also a venue for the different products, articles and interviews. The Company is not involved in the actual communications between users, unless specifically mentioned otherwise. As a result, the Company has no control over the content of the various postings, Vendor information, product information or users work product. In addition, note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other users with whom you come in contact through the Web Site. There is no agency agreement of any kind made between any Vendor and the Company.
Because user authentication on the Internet is difficult, Overberginfo.com cannot and does not confirm that each user is who they claim to be. Because we do not and cannot be involved in user-to-user dealings or control the behavior of participants on Overberginfo.com, in the event that you have a dispute with one or more users, you release the Company (and our agents and employees) from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

We are under no legal obligation to, and generally do not, control the information provided by other users, vendors and others, which is made available through the Web Site. By its very nature, other people's information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that you will use caution and common sense when using this Web Site.

The Material may contain inaccuracies or typographical errors. The Company makes no representations about the accuracy, reliability, completeness, or timeliness of the Web Site or the Material. The use of the Web Site and the Material is at your own risk. Changes are periodically made to the Web Site and may be made at any time.

You acknowledge and agree that you are solely responsible for the form, content and accuracy of any postings placed by you on the Web Site. Users needing services are also solely responsible for their postings on the Web Site.

If a user decides to use the services or goods of any Vendor mentioned in this web site, they do so at their own risk. The Company will not be liable for any products or services offered by any Vendor, or if the user follows the advice of any Vendor.

AGAIN, THE COMPANY DOES NOT ENDORSE ANY VENDOR OR OTHER PARTY THAT A USER FOUND ON Overberginfo.com
THE COMPANY DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THE WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE WEB SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS.

THE WEB SITE AND MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.

Disclaimer of Consequential Damages:

IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE WEB SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEB SITE AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES

Contacting Company:

Users may contact the Company, for customer support or service at the following e-mail address(s):
This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Links to Other Sites:

The Web Site contains links to third party web sites. The Company does not endorse any of these sites and is provided to you as a convenience only. The Company is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party web sites. If you decide to access linked third party Web sites, you do so at your own risk.
Many of the Vendors will provide links to their web sites. If you access their web sites, you will need to follow their terms and conditions, privacy policies, and any other agreements found on their web site. The Company is not liable for of the Vendor's agreements, nor did the Company have any control of its contents.

No Resale or Unauthorized Commercial Use:

You agree not to resell or assign your rights or obligations under these Terms of Use. You also agree not to make any unauthorized commercial use of the Web Site.

INTERCEPTION OF COMMUNICATION

   1. Subject to the provisions of the Regulation of Interception of Communications and Provision of Communication-Related Information Act 70 of 2002 (“ROICA”), you agree to our right to intercept, block, filter read, delete, disclose and use all communications (including all “data messages” as defined in the Electronic Communications and Transactions Act 25 of 2002 (“the ECT Act”)) sent using our Software or Services.

LIABILITY AND INDEMNITY

   1. We shall not be liable for any delay, failure, breakdown, damage, loss, cost, claim, penalty, fine or expense arising from use of the Software or any Service; operator error on the part of you; any fault in the hardware, third party software or software supplied to or obtained by you from any entity other than ourselves; the intentional or negligent act or omission of any person not being a duly authorised employee, sub-contractor, agent of Overberginfo or any third party not authorised to act in terms of this Agreement; and the actions, omissions or service interruptions of any utilities provider or third party service provider, including a telecommunications service, electrical service or a supplier of a telecommunications or electrical service, VOIP service, electronic communications service provider or electronic communications network service provider.
   2. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR LOSS OF DATA, LOSS OF PROFITS OR FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE INSTALLATION, PERFORMANCE OR USE OF THE SOFTWARE OR ANY OF OUR SERVICES, OR ARISING FROM YOUR INCORPORATION OR ATTACHMENT OF ANY PROGRAM, PLUG-IN OR DEVICE TO THE SOFTWARE; CHANGES TO THE SOFTWARE BY YOU; ANY FAILURE TO BACKUP ANY DATA USED IN OR OTHERWISE ASSOCIATED WITH THE SOFTWARE; USE OF THE SOFTWARE FOR ANY OTHER PURPOSE OTHER THAN THAT FOR WHICH IT WAS DESIGNED; AND USE OF THE SOFTWARE ON ANY DEVICE OR SYSTEM OTHER THAN THE SPECIFIED OR RECOMMENDED PLATFORMS FOR THE SOFTWARE.
   3. IN NO EVENT SHALL WE BE LIABLE FOR SPECIAL, EXEMPLARY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR DELICTUAL DAMAGES SUFFERED BY YOU ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING LOSS OF DATA, LOSS OF PROFITS OR LOSS OF BUSINESS, AND INCLUDING WITHOUT LIMITATION ANY SUCH DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SOFTWARE OR ANY OF OUR SERVICES, UNAUTHORISED USE OF YOUR USER ID OR PASSWORD, THE MARKETING, DELIVERY, INSTALLATION, FURNISHING, MAINTAINING, HOSTING OR SUPPORTING OF THE SOFTWARE BY US OR ANY PERSON APPOINTED BY US, THE PERFORMANCE OF THE SOFTWARE, AND WHETHER OR NOT YOU WERE AWARE OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
   4. It is understood and acknowledged by you that the Software and Services are not intended to ensure, nor do we warrant, compliance with any common law, statutory or regulatory requirement or obligation to which you may be subject in your own jurisdiction. Use of the Software and Services is entirely at your risk.
   5. YOU HEREBY INDEMNIFY AND HOLD US HARMLESS AGAINST ANY CLAIM BY ANY THIRD PARTY RELATING TO ANY MALFUNCTION OF THE SOFTWARE OR ARISING OUT OF THE USE OF THE SOFTWARE OR SERVICES BY YOU. WE SHALL FURTHERMORE HAVE NO LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY BREACH OF A LEGAL OBLIGATION AS SPECIFIED ABOVE TO WHICH YOU OR ANY THIRD PARTY MAY BE SUBJECT.
   6. Subject to the above clauses, the entire liability of Overberginfo, and your exclusive remedy for damages related to or arising from this Agreement, whether in contract or in delict, will not exceed the average aggregate of the charges paid by you to us during the 3 (three) months directly preceding the claim.

WHOLE AGREEMENT

   1. This Agreement constitutes the whole agreement between us and you and no agreements, representations or warranties between the parties other than those set out herein or incorporated by reference are binding on the parties.

WAIVER & SEVERABILITY

   1. Any failure by us to exercise or enforce any right or provision of this Agreement shall in no way constitute a waiver of such right or provision. In the event that any of the terms of this Agreement are found to be invalid, unlawful or unenforceable, those terms will be severable from the remaining terms, which will continue to be valid and enforceable.

MISCELLANEOUS PROVISIONS

   1. We reserve the right to modify the terms of this Agreement at any time by publishing the revised terms on the Site and providing you with a link thereto.
   2. This Agreement shall be governed by, construed and interpreted in accordance with the laws of the Republic of South Africa and, save for any application for urgent injunctive relief, you agree that any dispute arising between us and you shall be resolved exclusively by means of arbitration held in Cape Town, South Africa.
   3. This Agreement shall be interpreted as including by incorporation by reference our privacy policy and our acceptable use policy(ies) as published from time to time on the Site.
   4. You will not be entitled to cede or assign this Agreement or any part thereof without our prior written consent and this Agreement shall be binding on your respective successors and assigns. We shall be entitled to assign our rights and obligations without your consent to an entity which acquires all or substantially all of the assets of Overberginfo, provided that such assignment does not relieve such assignee of its obligations under this Agreement.
   5. Neither one of us shall without the prior written consent of the other refer to itself as an authorised representative of the other, nor use the other’s logos, trade or service marks. Notwithstanding the foregoing, Overberginfo is hereby authorised to identify you as it’s customer for reasonable marketing and/or publicity announcements.