Welcome to Tsogo Sun’s digital sharing platform. Access to the platform is restricted to registered users only.
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"Content": the content of the Tsogo Sun DigiShare, consisting of images, print media, logos, trademarks, regarding the different properties of Tsogo Sun throughout the world;
"Errors": any errors and defects appearing and/or occurring during the use of the Content, including pricing, editing errors and the failure of the Tsogo Sun DigiShare services to operate in conformity with its functionality;
"Tsogo Sun DigiShare": a digital database of Tsogo Sun's marketing images, print media, logos (Content);
"Registration": registration whereby the Tsogo Sun DigiShare grants the User a right of use with respect to the Tsogo Sun DigiShare;
"User": a person who uses the Tsogo Sun DigiShare website.
"Un-Registered User": a user who has not yet registered by a registration process. An un-registered user has limited use on the Tsogo Sun DigiShare.
"In-Active User": either a user who has registered and is still waiting to be vetted or an active user whose time has expired.
"Active User": a vetted user who can download or email images provided they have an access key to a group of images or still have time left.
"Channel Partner": an approved person or company who markets Tsogo Sun and its properties as a destination.
"Tsogo Sun": Tsogo Sun Hotels, Gaming and Entertainment Proprietary Limited, a private company duly incorporated in terms of the Company Laws of the Republic of South Africa, with its principal place of business at Palazzo Towers East, Montecasino Boulevard, Fourways, 2055, Republic of South Africa.
2.1 These Terms and Conditions shall be applicable to the provision of access to the Tsogo Sun DigiShare, as well as to each installation and to each use of the Tsogo Sun DigiShare.
2.2 Tsogo Sun is the owner and manager of this website. The information has been provided by Tsogo Sun, who have granted the Tsogo Sun DigiShare permission to distribute the information to the active users of the Tsogo Sun DigiShare electronically, by mail and otherwise and to grant active users the right of use mentioned below. Diversified Technologies are the designers and developers of this application and hold full rights to the source code.
3.1 Tsogo Sun grants the User limited, non-exclusive and non-transferable right of use with respect to the Tsogo Sun DigiShare. This right of use consists of the rights to access the Tsogo Sun DigiShare, to consult the Tsogo Sun DigiShare, and to use and to retrieve minor parts (with a limit of 250 resources per user company per annum) of the Content for the sole purpose of distributing these elements of the Content to the travel industry and to other third parties in printed and/or electronic promotional material.
3.2 The non-exclusive right of use is granted for an limited period of time and is not transferable to any party other than the one who is registered with permission from the Tsogo Sun DigiShare
3.3 Tsogo Sun reserves all rights not explicitly granted to the Users.
3.4 In no event does the right of use include a right to use the retrieved Content, in whole or in part, to compile a databank, either by or through the User, or to otherwise use the Content for purposes that compete with the Tsogo Sun DigiShare.
3.5 The right of use in no event includes a right to borrow the Tsogo Sun DigiShare concept, either in whole or in part, and/or to put this concept, either in whole or in part, at the disposal of third parties.
3.6 The User shall not, without the written permission of Diversified Technologies, make (or have others make) changes in or additions to the Tsogo Sun DigiShare.
3.7 Tsogo Sun reserve the right to change information regarding images stored on the site at any time without notice.
3.8 Some of the images and/or resources contained in this Site are used under licence or by consent of third parties. Therefore, upon the expiry of such a licence or the withdrawal of consent by the third party, neither Tsogo Sun nor any User is entitled to use such images or resources. Images or resources subject to a use licence or the consent of a third party shall be indicated on the Site together with the date of the expiry of the use licence or the date on which consent is withdrawn. In the event that you continue to use images and/or resources subject to a use licence or the consent of third parties after the termination of the use licence or the withdrawal of consent, you indemnify Tsogo Sun, its Directors, employees and agents from any claim for any loss or damage instituted by such third party as a result of such use, howsoever arising.
4.1 No intellectual property rights are transferred to the User and the use of the Tsogo Sun DigiShare shall not, in any event, constitute an intellectual property right on the part of the User regarding the Content or the technology offered by the Tsogo Sun DigiShare.
4.2 Tsogo Sun and Diversified Technologies hereby declares, without being liable to pay compensation, that they have produced the Tsogo Sun DigiShare entirely with their own corporate resources and/or that Tsogo Sun owns the rights to dispose of the applications and data files contained herein. At the time of delivery Tsogo Sun and Diversified Technologies are not aware of any third party that holds any rights that could adversely affect the undisturbed use of the Tsogo Sun DigiShare.
4.3 If any third party states to the User that the third party has any rights with respect to the Tsogo Sun DigiShare, the User shall immediately notify Tsogo Sun thereof in writing.
4.4 With regard to third parties who state that their rights are being infringed, the User shall refrain, without prior written permission from the Tsogo Sun DigiShare, from making any oral or written statements or promises, from acknowledging any rights or facts, from committing the User in any way whatsoever and from entering into settlements.
4.5 If it is established, either in or out of court, that the use of the applications or any parts thereof contained in the Tsogo Sun DigiShare infringes any intellectual property right, Tsogo Sun shall exert its best efforts to change the relevant applications in such a manner that the User may continue to use the applications.
4.6 The User warrants and represents that the User shall at all times observe the limits of the right of use granted to the User and, more specifically, always respect the intellectual property rights of Tsogo Sun and of the third parties whose protected material is included in the Tsogo Sun DigiShare.
5.1 To the maximum extent permitted by law, Tsogo Sun and Diversified Technologies shall not be liable for any damage suffered by the User, including damage that is caused if the Content of The Tsogo Sun DigiShare is incomplete, incorrect, not up-to-date or technically not fit for the intended use.
5.2 Any User who carries on a profession or business shall indemnify Tsogo Sun and Diversified Technologies for and against any claims by third parties, including Subscribers, for compensation or damages, including for loss of profit, suffered as a result of the use of the Tsogo Sun DigiShare.
5.3 Tsogo Sun and Diversified Technologies shall not be liable for the content of websites to which the Users are referred via links.
5.4 Tsogo Sun and Diversified Technologies shall not be liable if the Tsogo Sun DigiShare cannot be used for practical reasons such as Errors and technical breakdown or for legal reasons such as court orders.
5.5 The inclusion of information provided by Tsogo Sun does not in any way imply the Tsogo Sun DigiShare endorsement of the business of the Subscriber. Tsogo Sun and Diversified Technologies shall not be liable for any damage caused by a User or other third parties.
5.6 Tsogo Sun and Diversified Technologies shall not be liable for the failure to fulfil any of their obligations under these Terms and Conditions, if the fulfilment has been interfered with, hindered, delayed or prevented by circumstances not reasonably within the control of the Tsogo Sun DigiShare.
5.7 Any liability on the part of the Tsogo Sun DigiShare shall never exceed the amount paid out by the insurance company with which Tsogo Sun has insured its interests under this agreement (if any).
5.8 The User hereby indemnifies Tsogo Sun against any claim or liability which may arise due to the User's use of the digital resources mentioned herein.
6.2 All personal data registered by the Tsogo Sun DigiShare will be treated in accordance with the applicable legislation in the Republic of South Africa.
6.3 In the User registration process you provide information about yourself, your company and its business, products for which you intend to use content (printed and/or electronic) and Internet sites you intend to use. We use this information to support our relationship with you and to improve our services, i.e., to inform you about upgrades to our website, special offers or promotions and new services and products that we offer. We share the information with our subsidiaries and business partners to enable them to provide you with information about their services and products. With respect to these services, we have an opt-out policy: If you do not wish to receive such marketing information, you may let us know by sending an e-mail to firstname.lastname@example.org
6.4 In addition, we may use the information for public relations, marketing and sales purposes. As part of our services, we may compose, print and distribute directories that include the information you provide. These directories enable us to create e-communities of our Users, and other services that facilitate contact between Users and Tsogo Sun if they so wish.
6.5 Due to the international nature of the Internet, the information you provide may cross national and South African borders.
7.1 Registration, which constitutes acceptance of these Terms and Conditions, shall enter into effect from the instant the User clicks the button "Continue".
7.2 A request for cancellation of the Registration by the User shall be addressed to the Image Library's office at Tsogo Sun's Head Office, as described on the website, in writing either by mail or electronically. Cancellation shall come into effect within 30 days of receipt of the request.
7.3 The Tsogo Sun DigiShare reserves the right to cancel, at any time and for any reason (including any violation to clause 3), the Registration of the User. The use of the Tsogo Sun DigiShare by the User shall be terminated with immediate effect from the moment of cancellation.
7.4 For a period of thirty days after termination, the User may continue the distribution of the existing promotional material that includes Content retrieved from the Tsogo Sun DigiShare prior to termination, unless the Registration was terminated because of the unlawful use of the Content, in which case such distribution shall be prohibited with immediate effect.
8.1.1 The Tsogo Sun DigiShare shall have the right to amend these Terms and Conditions and to declare the amended Terms and Conditions applicable to an existing Registration. The amended Terms and Conditions are accepted by logging into the Tsogo Sun DigiShare. If the User does not accept the amended Terms and Conditions, the use of the Tsogo Sun DigiShare by the User shall terminate automatically with the effect described in clause 7, sub-clauses 3 and 4.
8.1.2 If the Tsogo Sun DigiShare declares that the amended Terms and Conditions are applicable to an existing Registration, the Tsogo Sun DigiShare shall make the amendments known in a timely manner. The amended Terms and Conditions shall thenceforth immediately enter into force and effect.
8.1.3 The Registration, and thus these Terms and Conditions, shall be governed by the laws of the Republic of South Africa.
ATTENTION: PLEASE READ ALL THESE PROVISIONS ("TERMS") CAREFULLY BEFORE USING THIS WEB SITE. USING THIS WEB SITE INDICATES YOUR AGREEMENT AND ACCEPTANCE OF THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEB SITE OR DOWNLOAD MATERIALS FROM THIS SITE.
Tsogo Sun DigiShare is owned and provided by Tsogo Sun Hotels, Gaming and Entertainment Proprietary Limited (hereinafter referred to as "Tsogo Sun"). The applicable Web site is referred to herein as the "Site." The Site is provided so that Tsogo Sun can disseminate marketing resources to channel partners in a vettable format. Channel partners can be tracked and notified of any changes. Please feel free to register on the Site; however, your access to and use of the Site is subject to these Terms and all applicable laws.
The Site contains marketing resources, and may not be copied, reproduced, republished, modified, uploaded, posted, transmitted or distributed in any way or decompiled, reverse engineered or disassembled. Logos have to be used in the correct manner. If you are unsure of the required Logo useage please contact the Librarian. Modification of the resources or use of the recources contained on the Site for any other purpose is a violation of the Tsogo Sun's proprietary rights and may violate other laws. The use of the images on any other Web site or networked computer or environment is prohibited without Tsogo Sun's express written consent. If you breach any of these Terms, your authorization to use the Site automatically terminates and you must immediately destroy any downloaded or printed resources.
The Site, resources contained therein and related communications are provided "as is" without any representations or warranties, express or implied, of any kind, including, but not limited to, warranties of merchantability, non-infringement, or fitness for particular purpose. Some jurisdictions do not allow for the exclusion of implied warranties, so the above exclusions of implied warranties may not be applicable under certain circumstances. Tsogo Sun and Tsogo Sun DigiShare also do not warrant the accuracy or completeness of the images, including but not limited to the reliability of any advice, statement or other information displayed or distributed through the site. You acknowledge by the use of the site that any reliance on any such materials, advice, statement or information shall be at your sole risk.
Tsogo Sun and Tsogo Sun DigiShare assume no responsibility, and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the site or your downloading of any images from the site.
Your use and browsing of the Site is at your risk. If you are dissatisfied with any of the resources contained in the Site, or with any of these Terms, your sole and exclusive remedy is to discontinue accessing and using the Site.
Under no circumstances will Tsogo Sun, its Directors, employees, agents or others involved in creating, producing, or delivering the site be liable for any direct, incidental, consequential, indirect, special or punitive damages whatsoever (including without limitation, costs and expenses of any type incurred, lost profits, lost data or programs, and business interruption) arising out of your access to, use, inability to use or the results of use of the site, or any materials contained on the site (including but not limited to those caused by or resulting from a failure of performance; error; omission; interruption; deletion; defect; delay in operation or transmission; computer virus; communication line failure; or destruction, unauthorized access to, alteration of, or use of any computer or system), whether based on warranty, contract, tort, negligence, strict liability, or any other legal theory and whether or not Tsogo Sun was advised of the possibility of such damages.
The Site is administered by Tsogo Sun from its Head Office in South Africa. The downloadable resources published at the Site may differ to resources seen elsewhere. Consult the librarian in this regard. If you access the Site from a location outside of South Africa, you are responsible for compliance with all applicable laws.
These Terms shall be governed by the laws of South Africa, without giving effect to any principles of conflicts of law. If any provision of this Agreement and Terms shall be unlawful, void, or for any reason unenforceable then that provision shall be severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
These Terms constitute the entire agreement between Tsogo Sun and all its users with respect to the use of the Site. Any cause of action you may have with respect to your use of the Site must be commenced within six (6) months after the claim or cause of action arises, failing which you waive your right to institute such action within the prescribed period of three (3) years in terms of the Prescription Act.
The Tsogo Sun DigiShare is aware of the need to address Internet privacy issues and we believe you should be aware of how we intend to treat any information about you that we might receive on the Internet as a result of your visit to the Site.
You cannot download any information from this Site without filling out a form telling us who you are. In general, we gather information about users of the Site in order to determine, for example, which areas users access more frequently.
Tsogo Sun is the sole owner of the information collected on this site. We will not sell, share, or rent this information to others in ways different from what is disclosed in this statement. The information is gathered by the librarian.
This web site takes every precaution to protect our users' information. When you submit sensitive information via the web site, your information is protected both online and off-line. This code of conduct is strictly adhered to by Tsogo Sun and Tsogo Sun DigiShare. Tsogo Sun and Tsogo Sun DigiShare undertake that they shall comply with the provisions of the Protection of Personal Information Act, in so far as the Act may apply to these Terms.
Tsogo Sun and Tsogo Sun DigiShare reserves the right, in its sole discretion, to revise these Terms at any time and correct any errors or omissions in any portion of the Site. Data may also be changed, modified, added, or removed and updated without notice at any time; however, The Tsogo Sun DigiShare is under no obligation to update the data. Your continued use of the Site after any changes to Tsogo Sun and Tsogo Sun DigiShare will be considered acceptance of those changes. You should revisit these Terms from time to time to review the then-current Terms because they are binding on you.
If at anytime The Tsogo Sun DigiShare changes its privacy commitment, The Tsogo Sun DigiShare will post those changes here.
© 2014, Tsogo Sun DigiShare, All Rights