Terms & Conditions

1-Website Terms and Conditions

howtobooks.co.za & sans10400.co.za

(For “Terms and Conditions of Use of and Sale and Purchase of Products” see below)

(1)            Introduction

These terms of use govern your use of our website; by using our website, you agree to these terms of use in full. If you disagree with these terms of use, or any part of these terms of use, you must not use our website.

Our website might use cookies from time to time. By using our website and agreeing to these terms of use, you consent to our use of cookies in accordance with the terms of our privacy policy.

 

(2)            Licence to use website

Unless otherwise stated, we own the intellectual property rights in the website and material content displayed on the website. Subject to the licence below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms of use.

You must not:

(a)            republish material from this website (including republication on another website);

(b)            sell, rent or sub-license material from the website;

(c)            show any material from the website in public;

(d)            reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;

(e)            edit or otherwise modify any material on the website; or

(f)            redistribute material from this website except for content specifically and expressly made available for redistribution (such as our newsletter or documents from our “downloads” page) this specifically excludes any handbooks or featured booklets that have peen put up for sale.

 

(3)            Acceptable use

You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including, without limitation, scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.

You must not use our website to transmit or send unsolicited commercial communications, without the express written permission of the owners.

You must not use our website for any purposes related to marketing without our express written consent.

 

(4)            Restricted access

Access to certain areas of our website is restricted. We reserve the right to restrict access to other areas of our website, or indeed our whole website, at our discretion.

If we provide you with (or use one that you generate) a user ID and password to enable you to access restricted areas of our website or other content or services, you must ensure that the password is kept confidential.

You must notify us in writing immediately if you become aware of any unauthorised use of your account or password.

You are responsible for any activity on our website arising out of any failure to keep your password confidential and may be held liable for any losses arising out of such a failure.

You must not use any other person’s user ID and password to access our website, unless you have that person’s express permission to do so.

We may disable your user ID and password at any time in our sole discretion with or without notice or explanation.

 

(5)            User content

In these terms of use, “your content” means material (including, without limitation, text, images, audio material, video material and audio-visual material) that you submit to our website, for whatever purpose.

You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your content in any existing or future media. You also grant to us the right to sub-license these rights and the right to bring an action for infringement of these rights.

You warrant and represent that your content will comply with these terms of use.

Your content must not be illegal or unlawful, must not infringe any third party’s legal rights and must not be capable of giving rise to legal action whether against you or us or a third party in each case under any applicable law.

You must not submit any content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website.

Notwithstanding our rights under these terms of use in relation to your content, we do not undertake to monitor the submission of such content to, or the publication of such content on, our website.

 

(6)            Limited warranties

All the information on this site is provided in good faith as a service to the general public. We do not warrant the completeness or accuracy of the information published on this website; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to this website and the use of this website including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill.

 

(7)            Limitations and exclusions of liability

Nothing in these terms of use will: (a) limit or exclude our or your liability for death or personal injury resulting from negligence; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; (c) limit any of our or your liabilities in any way that is not permitted under applicable law; or (d) exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and exclusions of liability set out in this Section and elsewhere in these terms of use: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under these terms of use or in relation to the subject matter of these terms of use, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

We will not be liable to you in respect of any loss or corruption of any data, database or software.

We will not be liable to you in respect of any special, indirect or consequential loss or damage.

 

(9)            Indemnity

You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including, without limitation, legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms of use, or arising out of any claim that you have breached any provision of these terms of use.

 

(10)            Breaches of these terms of use

Without prejudice to our other rights under these terms of use, if you breach these terms of use in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

 

(11)            Variation

We may revise these terms of use from time to time. Revised terms of use will apply to the use of our website from the date of publication of the revised terms of use on our website.

 

(12)            Assignment

We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms of use without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms of use.

 

(13)            Severability

If a provision of these terms of use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

 

(14)            Exclusion of third party rights

These terms of use are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms of use is not subject to the consent of any third party.

 

(15)            Entire agreement

Subject to the first paragraph of Section 8, these terms of use, together with our privacy policy, constitute the entire agreement between you and us in relation to your use of our website and supersede all previous agreements in respect of your use of our website.

 

(16)            Law and jurisdiction

These terms of use will be governed by and construed in accordance with Roman Dutch law, and any disputes relating to these terms of use will be subject to the exclusive jurisdiction of the courts of South Africa.

 

2-Terms and Conditions of

Use of and Sale and Purchase of Products

 

Definition

The term ‘products’ within these terms and conditions refers to the downloadable e-books, including other downloads available free or to purchase through the websites: howtobooks.co.za, buildingregulations.co.za and ownerbuilding.co.za.

(1.) Advice

The contents of the products and websites constitute advice provided in good faith as a service to the general public. See: “Limited Warranties” and “Limitations and exclusions of liability” under “Website Terms and Conditions” above.

(2.) Refund Policy

E-books are non-returnable and non-refundable.

(3.) Downloading

Products are not deliverable by post. They are available for immediate download after you have made payment. Please note that after you have ordered and paid for your product/s, you will automatically be re-directed to the url for the download page. This page only remains active for 48 hours to prevent copying and distributing of the url to third parties. The owners of the howtobooks.co.za and sans10400.co.za websites do not take responsibility for failure of any customer to download the products within the specified time, or for any computer failure, or failure to have available the correct software for opening the file (Adobe Acrobat for ebooks, pdf’s). However, special concessions will be made for those who encounter problems downloading the products. The website administrators request that anyone encountering such problems should contact the e-mail address given at purchase, as soon as possible, so that the situation can be rectified.

(4.) Copyright

All rights, including copyright and database right, in the products and this website and its contents, whether or not a copyright sign is displayed, are owned by Penny Swift and/or Jan Szymanowski. You undertake not to copy, store in any medium (including in any other website), distribute, transmit, re-transmit, broadcast, modify, or show in public any part of the products or websites without the prior written permission of Penny Swift and/or Jan Szymanowski.

(5.) Usage

In using the products, you agree that you will access the contents solely for your own private use and not for any commercial or public use. By using the products you agree to comply fully with these terms and conditions. The right to use these products is personal to you and is not transferable.

(6.) Disclaimer of Warranty; Limitation of Liability

You expressly agree that use of the products is at your sole risk. Penny Swift and Jan Szymanowski do not warrant that these products will be error free; nor make any warranty as to the results that may be obtained from use of these products, or as to the accuracy, reliability or content of any information provided by Penny Swift or Jan Szymanowski. The products are provided on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under applicable laws.

(7.) Limitation of Liability

This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, theft or destruction or unauthorised access to, alteration of, or use of record, whether for breach of contract, negligence, or under any other cause of action. In no event will Penny Swift or Jan Szymanowski or any person lawfully involved in creating, producing or distributing these products, be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use or inability to use these products. You hereby acknowledge that the provisions of this section shall apply to all content within the products.

(8.) Errors and Omissions

In addition to the terms set forth above, Penny Swift and Jan Szymanowski shall not be liable, regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity of the information contained within the products, or on the websites, or for any delay or interruption in the transmission thereof to the user, or for any claims or losses arising therefrom or occasioned thereby. Penny Swift and Jan Szymanowski shall not be liable for any third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages. Penny Swift and Jan Szymanowski do not warrant or guarantee the timeliness, sequence, accuracy or completeness of this information. Additionally, there are no warranties as to the results obtained from the use of this information.

(9.) Changes to Websites and Products

Penny Swift and Jan Szymanowski reserve the right to change or remove (temporarily or permanently) any part of the websites or any product/s sold through these sites and you confirm that neither Penny Swift or Jan Szymanowski shall be liable to you for any such change or removal. Penny Swift and Jan Szymanowski reserves the right to change these Terms and Conditions at any time, and your continued use of the websites following any changes shall be deemed to be your acceptance of such change.

(10.) Network Issues

Penny Swift and Jan Szymanowski shall not be held responsible for loss or damage caused by the telecommunications’ network.

(11.) Security

This website has security measures in place to protect the loss, misuse and alteration of the information under the control of Penny Swift and Jan Szymanowski. Unauthorised use, tampering with or modification of this system may violate Federal, International or other statutes and may subject the violator to criminal and civil penalties. In the event of unauthorised intrusion, all relevant information regarding possible violation of law may be provided to law enforcement officials.

(12.) Indemnification

You agree to defend, indemnify and hold harmless Penny Swift and Jan Szymanowski from and against all claims and expenses, including attorneys’ fees, arising out of your use of the products.

(13.) Links

The products or websites may reference and/or link to third party sites through the World Wide Web. Penny Swift and Jan Szymanowski have no control over these sites or the content within them. Penny Swift and Jan Szymanowski cannot guarantee, represent or warrant that the content contained in the sites is accurate, legal and/or inoffensive. Penny Swift and Jan Szymanowski do not endorse the content of any third party site, nor warrant that they will not contain viruses or otherwise impact your computer. By using the products or websites to link to another site, you agree and understand that you may not make any claim against Penny Swift and/or Jan Szymanowski for any damages or losses, whatsoever, resulting from your use of the products or websites to link to another site.

(14.) Agreement

This Agreement and any operating rules for the products or websites established by Penny Swift and Jan Szymanowski constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. These Terms and Conditions shall be governed by and construed in accordance with International Laws. Disputes arising here from shall be exclusively subject to the jurisdiction of the courts of each individual country without regard to its conflict of laws. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. By using the websites and purchasing a copy of the products, you are agreeing to the above Terms and Conditions.

Our details

The full name of our company is PJA Web.

Our address is PO Box 558, Somerset Mall, Western Cape South Africa 7137

You can contact us by email at: janek@howtobooks.co.za or admin@sans10400.co.za.