1. WEBSITE TERMS AND CONDITIONS OF USE

     

    1. This document sets out the terms and conditions (“terms”) of The Shabbos Project and its related projects, pertaining to the access and use of the information, products, services and functions provided on https://www.theshabbosproject.org/ (“website”).

    2. Any person (“you” or “user”) who completes the registration process, ticks the tick-boxes associated with the registration process and accesses the website is bound by these terms. Should you disagree with any of the terms, you must refrain from accessing the website and/or using our services.

    3. If you are under the age of 18, you must obtain your parent or legal guardian’s prior consent to be bound by these terms, before purchasing any products or services.

    4. THIS IS AN IMPORTANT SUB-CLAUSE: The services we provide through the website is on a voluntary platform, where people may sign up for events and obtain information, weekly parsha commentary and newsletters. During the registration process, we have collected, collated and/or processed your personal information for the above purpose. This is the purpose for which we collect your personal information. Further information about our privacy policies can be found in the link called “Privacy Policy”. If you wish to opt in to any of our newsletters, parsha emails, etc, you may opt in on the website.

    5. The Shabbos Project may, at its sole discretion, amend and/or replace any of, or the whole of, the terms. Such amendments shall replace any previous terms and shall be made available on the website. Each time you access the website and/or use the services, you shall be deemed to have consented, by such access and/or use, to the new terms, as amended/replaced, from time to time. It is your responsibility to regularly check whether there have been any updates to the terms. If you are not satisfied with the amended/replaced terms, you should refrain from using or accessing the website.

    6. We will, however, give you prior notice where we have collected personal information from you and the purpose for which we collected that information is affected by the intended amendment. Please see the “Privacy Policy”.

    7. If there is anything in these terms that you do not understand, then please contact us as soon as possible in terms of clause 13. We will be happy to explain anything you do not understand. Please note that calls to us are charged at national/mobile rates and may be monitored for training, security and quality assurance purposes.
  1. CONTENT OF THE WEBSITE AND CONTENT LICENCE

    1. The Shabbos Project may make improvements, change or discontinue, without notice, any aspect or feature of the website and any information or content on the website.

    2. The Shabbos Project may change and amend the products and/or services on this website, from time to time, without notice.

    3. The Shabbos Project may use the services of third parties to provide information on the website. The Shabbos Project has no control over this information and makes no representations or warranties of any nature as to its accuracy, appropriateness or correctness. You agree that such information is provided “as is” and that The Shabbos Project and its online partners shall not be liable for any losses or damages that may arise from your reliance on it, however these may arise.

    4. The Shabbos Project makes no representations or warranties, whether express or implied, as to the accuracy, completeness or reliability of any information, data and/or content on the website, including, without limitation:
      1. That the website or information or downloads shall be error-free or that they shall meet any particular criteria or performance and/or quality. The Shabbos Project expressly disclaims all implied warranties, including, without limitation, warranties of merchantability, fitness for a particular purpose and non-infringement, compatibility, security and accuracy, except for gross negligence.

      2. That any files, downloads or applications available from the website are free of viruses, or any other data or code which has the ability to correct, damage or affect the operation of the user systems, except where gross negligence is proved (however, The Shabbos Project has taken reasonable measures to ensure the integrity of the website and its contents); and

      3. The verification of any claims. Information published on the website may be done so in the format in which The Shabbos Project receives it; and statements from external parties are accepted as fact.

    5. The Shabbos Project grants you a personal, revocable, worldwide, royalty-free, non-commercial, non-transferable, and non-exclusive licence to access the website and its content. This licence is for a restricted purpose, ie, to allow you to use the services in a manner permitted by these terms and the services’ functionality and capabilities. In the event that we revoke this licence, you may no longer access the website or its services or make use of any of the content located on the website. By agreeing to these terms, you agree that you do not acquire any ownership rights or rights of use in or to any content on the website and in the services.
  1. LINKED THIRD PARTY WEBSITES AND THIRD PARTY CONTENT

    1. The Shabbos Project may provide links to third party websites and third party content on the website. These links and content are provided to you for convenience purposes only and The Shabbos Project does not endorse, nor does the inclusion of any link or content imply, The Shabbos Project’s endorsement of such websites, the owners, licensees or administrators of such websites or their content or security practices and operations.

    2. THIS IS AN IMPORTANT SUBCLAUSE: While The Shabbos Project tries to provide links and content only to reputable websites and from reputable content providers, The Shabbos Project cannot accept responsibility or liability for the information provided on other websites or in other content. Linked websites or pages are not under, nor subject to, the control of The Shabbos Project. The Shabbos Project is not responsible for and gives no warranties and makes no representations in respect of the terms, privacy policies or practices of linked or any third party that uses the website.

    3. THIS IS AN IMPORTANT SUBCLAUSE: You agree that The Shabbos Project shall not be held liable, directly or indirectly, in any way for the content, the use or inability to use or access any website or any links contained in a linked website, nor for any loss or damage of any sort incurred as a result of any dealings with, or as a result of, the presence of such third party linked websites or content on the website. Any dealings that you may have with any linked websites or content found on the website are solely between you and the third party websites or third party.
  1. USAGE RESTRICTIONS
    You agree that you will comply with all applicable laws of South Africa and elsewhere, these terms, and you shall not yourself, nor through a third party:
    1. Copy (other than for backup, archival or disaster recovery purposes), duplicate, reproduce, translate, adapt, vary, modify, lease, license, sublicense, or in any other way deal with any part of the website, for any reason and in any manner, unless it is consistent with the intent and purpose of these terms;

    2. Decompile, disassemble or reverse engineer any portion of the website;

    3. Write and/or develop any derivative of the website or any software program based on the website;

    4. Modify or enhance the website. In the event of a user effecting any modifications and enhancements to the website in breach of this clause, such modifications and enhancements shall be the property of The Shabbos Project;

    5. Without The Shabbos Project’s prior written consent, provide, disclose, divulge or make available to or permit the use of any or give access to the website by persons other than you;

    6. Remove any identification, trademark, copyright or other notices from the website;

    7. Post or transmit, by means of reviews, comments, suggestions, ideas, questions or other information through the website, any content which is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane or hateful, or racially, ethnically or otherwise objectionable content of any kind;

    8. Create a false identity or otherwise attempt to mislead any person as to your identity or the origin of any communication through the website

    9. Reformat or reframe any portion of the pages of the website, save to the extent expressly permitted by these terms and/or the applicable laws of South Africa;

    10. Disseminate or transmit files, graphics, software or any other material which actually or potentially infringes any other person’s intellectual property;

    11. Export, re-export or otherwise transmit data, information, software or any other material in contravention of relevant South African laws and these terms;

    12. Interfere with, disrupt or attempt to gain unauthorised access to information of other users of the website;

    13. Use the website in any manner that violates the privacy or other user rights of any other person, whether another user or not; and/or

    14. Without the express permission of The Shabbos Project, sell, resell, or exploit in any manner, any aspect or element of the website.
  1. SECURITY

    1. In order to ensure the security and the reliable operation of the services to all the users, The Shabbos Project may take whatever action it may deem necessary to preserve the security, integrity and reliability of its network, servers and back-office applications and operations.

    2. You may not utilise the website in any manner which may compromise the security of our networks or tamper with the website in any manner whatsoever, which shall include without limitation, gaining or attempting to gain unauthorised access to the website, or delivering or attempting to deliver any unauthorised, damaging or malicious code to the website, all of which is expressly prohibited. Any person or entity which does so, or attempts to do so, shall be held criminally liable by the authorities. Further, should The Shabbos Project suffer any damage or loss, civil damages may be claimed by The Shabbos Project against you/the user.

    3. Any user who commits any of the offenses detailed in Chapter 13 of the ECTA, specifically sections 85 to 88 (inclusive) shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by The Shabbos Project and its affiliates, agents and/or partners.
  1. INTELLECTUAL PROPERTY RIGHTS

    1. For the purpose of this clause, the following words/phrases shall have the following meanings ascribed to them: ‘intellectual-property rights’ means all and any of the rights in and to intellectual property of any nature whatsoever owned and/or controlled, directly or under licence, by The Shabbos Project, now or in the future, including without limitation, The Shabbos Project’s rights, title and interests in and to all technology, source code/s, object code/s trade secrets, confidential information, logos, trademarks, systems, methods, trade names, styles, insignia, designs, patents and copyright, and all similar proprietary rights which may subsist in any part of the world, whether registered or not.

    2. All copyright and other intellectual property rights in all content, trademarks, software, data, material, including logos, databases, text, graphics, icons, hyperlinks, confidential information, designs, agreements, and multimedia works, published on or via the website (“proprietary material”), are the property of, or licensed to, The Shabbos Project, and as such are protected from infringement by local and international legislation and treaties.

    3. By submitting any content (other than your personal information) to The Shabbos Project for posting on the website, the User automatically grants The Shabbos Project and its affiliates, agents and/or partners, a non-exclusive, royalty-free, perpetual, irrevocable right and licence to use, reproduce, publish, translate, sublicense, copy and distribute such content in whole or in part worldwide, and to incorporate it in other works in any form, media, or technology now known or hereinafter developed, for the full term of any copyright that may exist in such content. Subject to this licence, you retain any and all rights that may exist in such content.

    4. All rights not expressly granted are reserved and no right, title or interest in any proprietary material or information contained in the website is granted to you.

    5. Except with The Shabbos Project’s express written permission, no proprietary material from the website may be copied or retransmitted.

    6. Irrespective of the existence of copyright, you acknowledge that The Shabbos Project is the proprietor of all material on the website, (except where a third party is indicated as the proprietor), whether it constitutes confidential information or not, and that the user has no right, title or interest in any such material.

    7. The Shabbos Project authorises you only to view, copy, temporarily download to a local drive and to print the content of the website, or any part thereof, provided that such content is used for personal purposes, for information purposes, and for non-commercial purposes only, and is in line with fair dealing principles.
  1. RISK, LIMITATION OF LIABILITY AND INDEMNITY

THIS IS AN IMPORTANT CLAUSE. PLEASE READ CAREFULLY.

    1. Your use of this website and the information contained on the website is entirely at your own risk and the user assumes full responsibility and risk of loss resulting from the use thereof.

    2. The transmission of information via the Internet, including, without limitation, email, is susceptible to monitoring and interception. You bear all risk of transmitting information in this manner (whether e-mail or any other form of data message). Under no circumstances shall The Shabbos Project be liable for any loss, harm, or damage suffered by you as a result thereof. The Shabbos Project reserves the right to request independent verification of any information transmitted via email and you consent to such verification should The Shabbos Project deem it necessary.

    3. To the maximum extent permissible by law:
      1. Neither The Shabbos Project, its affiliates, licensees, members, shareholders, agents, consultants, contractors or employees shall be liable for any damages whatsoever, including, without limitation, any direct, indirect, special, incidental, consequential or punitive damages, howsoever arising (whether in an action arising out of contract, statute, delict or otherwise, except for gross negligence) related to the use of, or the inability to access or use the content of the website or any functionality thereof, or the information contained on the website, or any linked website or content, even if the service provider knows, or should reasonably have known or is expressly advised thereof.

      2. The liability of The Shabbos Project for faulty execution of the website as well as all damages suffered by you, whether direct or indirect, as a result of the malfunctioning of the website, shall be limited to The Shabbos Project rectifying the malfunction, within a reasonable time and free of charge, provided that The Shabbos Project is notified immediately of the damage or faulty execution of the website. The liability contained in this clause 7.3.2 shall fall away and be expressly excluded if you attempt to correct or allow third parties to correct or attempt to correct the website without the prior written consent of The Shabbos Project. However, in no way shall The Shabbos Project be liable to you for loss of profits or for special, incidental, consequential or punitive losses or damages arising out of or in connection with the website, or its use or the delivery, installation, servicing, performance or use of it in combination with other computer software.

      3. As The Shabbos Project, we cannot be responsible for the actions and/or omissions of our licensees, affiliates, associates, partners, agents, contractors or consultants, nor their compliance with the Consumer Protection Act number 68 of 2008 (“CPA”), the ECTA and the Protection of Personal Information Act number 4 of 2013 (“POPIA”) and other relevant laws of South Africa, and therefore, we shall not be held liable for any damages whatsoever, including without limitation any direct, indirect, special, incidental, consequential or punitive damages, howsoever arising  (whether in an action arising out of contract, statute, delict or otherwise) related to the actions or omissions of the above entities; nor their compliance with the CPA, ECTA and POPIA.

      4. You indemnify The Shabbos Project and agree to hold The Shabbos Project free in law from all loss, damages, claims and all costs, of whatsoever nature suffered or incurred by The Shabbos Project or instituted against The Shabbos Project as a direct or indirect result of
        1. Your use of the website;

        2. Software, programs and support services supplied by, obtained by or modified by you or any third party without the consent or knowledge of The Shabbos Project;

        3. Your failure to comply with any of the terms or any other requirements which The Shabbos Project may impose from time to time;

        4. The actions or requirements of any telecommunications authority or supplier of telecommunications services or software;

        5. The unavailability of, or interruption in, the services which are beyond the control of The Shabbos Project; and

        6. The actions and/or omissions of our licensees, affiliates, partners, associates, contractors and the like, except where gross negligence can be proved on the part of The Shabbos Project.

      5. The Shabbos Project makes no warranty or representation as to the availability, accuracy or completeness of the content of the website. You expressly waive and denounce any and all rights of whatsoever nature that you may have against The Shabbos Project for any loss suffered by you as a result of information supplied by The Shabbos Project’s being incorrect, incomplete or inaccurate.
  1. COOKIE POLICY

THIS IS AN IMPORTANT CLAUSE. PLEASE READ CAREFULLY.

    1. This clause provides details about our cookie policy, which policy forms part of these terms. If you have any questions, please contact us at [email protected].

    2. The services The Shabbos Project provides through the website is a voluntary platform within which service providers can display their services to service selectors, who may select from among all the services and service providers on the website to conduct services on his/her behalf. When you submit your personal information to The Shabbos Project, you agree that we may collect and process such information on the basis described in this policy and in terms of the law. The Shabbos Project’s service providers are generally home and office and general maintenance service providers and are vetted by The Shabbos Project.

    3. The website may collect certain information about your visit, such as the name of the Internet service provider (ISP) and the Internet Protocol (IP) address used by you to access the Internet and the website; the date, time and duration of such access and the Internet address of the website from which you connected to the website. This information is used to assist us in improving the website, analysis of trends and administration of the website.

    4. The Shabbos Project may use, via the website, cookies and tracking technology. This information is useful in collecting information such as browser type and operating system, tracking the number of visitors to the website and how users use the website. Personal information cannot be collected via cookies or other tracking systems; however, cookies may be associated with previously provided personal information. This information may be shared with other parties, according to law and this privacy policy.

    5. When and where do we use cookies?
      We use cookies on the website. Cookies are small portions of data that The Shabbos Project stores on the device you use to access the website so that we can recognise repeat users. Each cookie expires after a certain period of time, depending on what it is used for. We use cookies for several reasons, including:
      1. To make the website easier to use and improve our services and products;
      2. For security reasons;
      3. To provide you with personalised content, for example, our newsletter; and
      4. Google Analytics, SLOs and geolocation.

    6. We currently do not process or comply with any web browser’s “do not track” signal or other similar mechanism that indicates a request to disable online tracking of our users who visit other websites and apps, but in compliance with this clause.

    7. How can you refuse or opt out of cookies?

      If you do not wish to be tracked via cookies or other means, remember to disable cookies or regularly delete cookies in your browser.

    8. The Shabbos Project will inform you (in writing by email, physical address, postal address, placed prominently on the website, published in news media or as may be directed by the Regulator) and the Regulator (in writing) if there has been a breach of its security relative to the personal information of its users, as soon as reasonably possible after such breach, where there are reasonable grounds to believe that the personal information of a data subject has been accessed or acquired by any unauthorised person, unless the identity of the affected user cannot be established.

    9. The Shabbos Project is committed to ensuring that your information is kept secure. In order to prevent unauthorised access or disclosure, The Shabbos Project has implemented suitable physical, electronic and managerial procedures to protect and secure your valuable, confidential and personal information that we collect from you and online. The systems we use make use of relatively secure data transmission and storage protocols and technologies to reasonably protect your personal information and prevent unauthorised disclosure and its maintenance and integrity. These protocols and the technology implementations are essential to our running the website efficiently and effectively. If you do not approve of our incorporating such protocols and technology, you are advised to refrain from using our website and to delete your profile from the website.  
  1. CONFIDENTIALITY

    1. By subscribing as a user, you agree that you shall hold in the strictest confidence and not disclose to any third party, information required in connection with any aspect of the products and/or services offered by The Shabbos Project, its affiliates, agents and partners. You shall notify the service provider should you discover any loss or unauthorised disclosure of information.

    2. Except in terms of POPI, any information or material sent to The Shabbos Project will be deemed not to be confidential, unless otherwise agreed in writing by you and The Shabbos Project in writing.
  1. BREACH BY YOU AND CANCELLATION BY THE SHABBOS PROJECT

    1. The Shabbos Project is entitled, upon 14 business days’ notice, in addition to any other remedy available to it at law or under these terms, including obtaining an interdict, to cancel these terms, limit or deny such user use of the website and services, or to claim specific performance of any obligation whether or not the due date for performance has arrived, in either event, without prejudice to The Shabbos Project’s right to claim damages, should any user:
      1. Breach any of these terms;
      2. At the sole discretion of The Shabbos Project, use the website in an unauthorised manner; or
      3. Infringe any statute, regulation, ordinance or law.

    2. Breach of these terms entitles The Shabbos Project to take legal action without prior notice to the user, and you hereby agree to reimburse the costs associated with such legal action to The Shabbos Project on an attorney and own client scale.
  1. COMPLIANCE WITH SECTION 43 OF THE ECTA

    1. In compliance with section 43(1) of the ECTA, the following is noted:
      1. Full name: The Shabbos Project
      2. Website address:  www.theshabbosproject.org
      3. Email address: [email protected]

    2. In compliance with section 43(2) of the ECTA, you have the right to:
      1. Review this entire agreement and its concomitant electronic transaction;
      2. Correct any mistakes; and
      3. Withdraw from the transaction, before finally subscribing to our services.
  1. COMPLIANCE WITH LAWS

    You shall comply with all applicable laws, statutes, ordinances and regulations pertaining to your use of and access to this website.

  1. NOTICES

    1. Except as explicitly stated otherwise, any notices shall be given by e-mail: in the case of The Shabbos Project, and to the email address you have provided to The Shabbos Project in the registration process, or such other address that you have specified to The Shabbos Project in writing. Notice shall be deemed given 48 hours after an email is sent, unless the sending party is notified that the email address is invalid. Alternatively, The Shabbos Project may give you notice by registered mail, prepaid postage and return receipt requested, to the address which you have provided to The Shabbos Project. In such case, notice shall be deemed given seven (7) days after the date of mailing. You acknowledge that all agreements, notices or other communications required to be given by virtue of these terms and the CPA and POPI may be given via electronic means and that such communications shall be deemed “in writing”. Additionally, if the use of email is made and the party appends his name at the bottom of such email, that shall constitute a “signature”. Notwithstanding anything to the contrary, a written notice of communication actually received by a party shall be an adequate written notice of communication to it, notwithstanding that it was not sent to the recipient at its chosen address for that purpose.

    2. If you have any concerns or questions about any of the provisions of the terms or how we operate our services on the website, please send an email to the above email address.
  1. GENERAL
    1. These terms shall be governed in all respects by the laws of the Republic of South Africa as such laws apply to agreements entered into and to be performed within South Africa. By registering and agreeing to these terms, you agree to the jurisdiction of the high court.

    2. This website is controlled, operated and administered by The Shabbos Project from its offices within the Republic of South Africa. The Shabbos Project makes no representation that the content of the website is appropriate or available for use outside of South Africa. Access to the website from territories or countries where the content of the website is illegal is thereby prohibited. Users may not use this website in violation of South African laws and export rules and regulations. If you access this website from locations outside of South Africa, you are responsible for compliance with South African law and the laws, regulations and rules of the territory in which you are using the website.

    3. The Shabbos Project does not guarantee continuous, uninterrupted or secure access to our services, as operation of our website may be interfered with as a result of a number of factors which are outside of our control.

    4. If any provision of these terms is held to be illegal, invalid or unenforceable for any reason, such provision shall be struck out from these terms and the remaining provisions shall be in force to the full extent of the law.

    5. The Shabbos Project’s failure to act with respect to a breach by any user does not constitute a waiver of our right to act with respect to subsequent or similar breaches.

    6. You shall not be entitled to cede or assign or transfer your rights or delegate any obligations contained in these terms to any third party without the prior written consent of The Shabbos Project.

    7. No party shall be bound by any express or implied term, representation, warranty, promise or the like not recorded herein, whether it induced the contract and/or whether it was negligent or not.

    8. The headnotes or headings to the clauses and sub-clauses of these terms are inserted for reference purposes only and shall not impact on the interpretation of any of the provisions to which they relate.

    9. Words importing the singular shall include the plural and vice versa; and words importing the masculine gender shall include the feminine and vice versa; and words importing persons shall include partnerships and corporate and unincorporated entities.

    10. These terms set forth the entire agreement between The Shabbos Project and you with respect to the subject matter hereof.

    11. Words such as ‘including’, ‘includes’, ‘such as’ and similar terms shall be deemed not to limit what else may be included or follow such words.

    12. Registration on the website and use of our services do not create a relationship of legal partnership, employee or agency.