Compliancy Documentation

 
Privacy Notice

This privacy statement is complementary to, and should be read and understood with, the general terms and conditions of the use set out on this website.

 

  1. Oriole Consulting (Pty) Ltd ("Oriole") provides this Privacy Policy to help you make an informed decision about whether to use or continue using the Oriole Site, Oriole Software and/or the Oriole Services. If you do not agree to our practices, please do not use the Oriole Site, the Oriole Software, or the Oriole Service.

 

  1. This Privacy Policy is incorporated into and is subject to the Oriole Terms of Service. Your use of the Oriole Site, the Oriole Software and/or the Oriole Service and any personal information you provide on the Oriole Site, or the Oriole Service remains subject to the terms of this Privacy Policy and our Terms of Service.

 

  1. This Privacy Policy covers the treatment of user information, including personally identifying information, obtained by Oriole, including information obtained when you access the Oriole’s Site, use the Oriole Service or any other software provided by Oriole.

 

  1. This Privacy Policy does not apply to the practices of companies that Oriole does not own or control, or to individuals whom Oriole does not employ or manage, including any of the third parties to which Oriole may disclose user information as set forth in this Privacy Policy.

 

  1. The purpose of this privacy statement is to set out how Oriole collects, uses, shares and otherwise processes your personal information when you use this Site, Oriole products or Services, or when you contact Oriole electronically.

 

  1. Oriole may obtain the following types of information from or concerning you or your business, which may include information that can be used to identify you as specified below (“Personally Identifiable Information”):

    1. User Provided Information: You provide certain Personally Identifiable Information, such as your phone number, billing information (if applicable) and physical address to Oriole when choosing to participate in various uses of the Oriole Service.

    2. Cookies Information: When you visit the Oriole Site, we may send one or more cookies - a small text file containing a string of alphanumeric characters - to your computer that uniquely identifies your browser. Oriole uses both session cookies and persistent cookies. A persistent cookie remains after you close your browser. Persistent cookies may be used by your browser on subsequent visits to the site. Persistent cookies can be removed by following your web browser help file directions. A session cookie is temporary and disappears after you close your browser. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, the Oriole Site may not function properly if the ability to accept cookies is disabled.

    3. Log File Information: When you use the Oriole Site, our servers automatically record certain information that your web browser sends whenever you visit any website. These server logs may include information such as your web request, Internet Protocol ("IP") address, browser type, browser language, referring / exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time of your request, one or more cookies that may uniquely identify your browser, your phone number, phone number you are requesting the status of and various status information. When you use the Oriole Service, our servers log certain general information about you.

 

  1. If you submit Personally Identifiable Information to us through the Oriole Site, or the Oriole Service, then we use your personal information to operate, maintain, and provide to you the features and functionality of the Oriole Site and the Oriole Service. You agree that we may process your personal information for all purposes that relate to the Site and the products, services, facilities, tools or utilities offered on the Site.

 

  1. If you share your personal information with any third parties, we will not be responsible for any loss suffered by you, your dependents, your beneficiaries, spouse or employees.

 

  1. Where applicable and to the extent appropriate, you confirm that we may share your personal information within the Oriole group of companies for administration purposes and the provision of the Oriole Services and infrastructure.

 

  1. You also confirm that we may share and combine all your personal information for any one or more of the aforementioned purposes to customise the Oriole Services to meet your needs.

 

  1. By accepting this privacy statement, you authorise Oriole to obtain and share information about your creditworthiness with any credit bureau or credit provider's industry association or industry body. This includes information about credit history, financial history, judgments, default history and sharing of information for purposes of risk analysis, tracing and any related purposes.

 

  1. You agree that we may transfer your personal information outside South Africa, if you give us an email address that is hosted outside South Africa; or to administer certain services, for example, cloud services.

 

  1. We do not use your phone number or other Personally Identifiable Information to send commercial or marketing messages without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out. We may, however, use your phone number, or email address, if provided, without further consent for non-marketing or administrative purposes.

 

  1. Please let us know if you do not wish to receive any direct electronic marketing from Oriole. Oriole will store your personal information for the purpose of actioning this request and shall action it as soon as reasonably possible.

 

  1. Oriole values the information that you choose to provide and will take appropriate, reasonable technical and organisational steps to protect your personal information from loss, misuse or unauthorised alteration. The information made available to Oriole concerning its clients, is stored in databases that have built-in safeguards to ensure the privacy and confidentiality of that information.

 

  1. You have the right to know what personal information Oriole holds about you. If you wish to receive a copy, please complete an 'Access Request Form' on www.oriole.co.za and specify the information you would like. Oriole will take all reasonable steps to confirm your identity before providing details of your personal information.

 

  1. You have the right to request Oriole to update, correct or delete your personal information. Where Oriole cannot delete your personal information, Oriole will take all reasonable steps to make such information anonymous. You agree that Oriole may retain your personal information until you request, in writing, Oriole to delete or destroy it. This is subject to our compliance with any laws which requires that we retain/store or dispose thereof.

 

  1. Oriole may enter into arrangements with its partners and other third party suppliers in order for them to provide services to you. Those arrangements may require Oriole to disclose your personal information to them. If a third party asks Oriole for any of your personal information, we will share it with them only if: you have already given your consent for the disclosure of this information to that third party; or we have a legal or contractual duty to give the information to that third party.

 

  1. We may collect and release Personally Identifiable Information and/or non-personally-identifiable information if required to do so by law, or in the good-faith belief that such action is necessary to comply with the laws of the Republic of South Africa, international law or respond to a court order, subpoena, or search warrant or equivalent.

 

  1. Oriole also reserves the right to disclose Personally Identifiable Information and/or non-personally-identifiable information that Oriole believes, in good faith, is appropriate or necessary to enforce our Terms of Service, take precautions against liability, to investigate and defend itself against any third-party claims or allegations, to assist government enforcement agencies, to protect the security or integrity of the Oriole Site or our servers, and to protect the rights, property, or personal safety of Oriole, our users or others.

 

  1. You may, of course, decline to submit Personally Identifiable Information through the Oriole Site or The Oriole Service, in which case Oriole may not be able to provide certain services to you. If you do not agree with our Privacy Policy or Terms of Service, please discontinue use of the Oriole Service; your continued usage of the Oriole Service will signify your assent to and acceptance of our Privacy Policy and Terms of Service.

 

  1. If we want to share your personal information for any other reason, we will do so only with your permission.

 

  1. Please note that if you refuse to accept cookies from this Site you might not be able to access portions of our site.

 

  1. To protect your privacy and security, we take reasonable steps to verify your identity before granting you access to the Oriole Service. Please contact Oriole via email or available web forms with any questions or comments about this Privacy Policy, your personal information, your consent, or your opt-in or opt-out choices.

 

  1. Oriole uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit to Oriole and you do so at your own risk. Using unsecured Wi-Fi or other unprotected networks to submit messages through the Oriole Service is never recommended. Once we receive your transmission of information, Oriole makes commercially reasonable efforts to ensure the security of our systems.

 

  1. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. If Oriole learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. Oriole may post a notice on the Oriole Site or through the Oriole Service if a security breach occurs.

 

  1. The Oriole Site and Service are hosted in the Republic of South Africa and are intended for and directed to users in the Republic of South Africa. If you are a user accessing the Oriole  Site and Service from the United States, European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from the laws of the Republic of South Africa, please be advised that through your continued use of the Oriole  Site and Service, which are governed by South African law, this Privacy Policy, and our Terms of Service, you are transferring your personal information to the Republic of South Africa and you expressly consent to that transfer and consent to be governed by South African law for these purposes.

 

  1. In the event that Oriole is acquired by or merged with a third party entity, we reserve the right to transfer or assign the information we have collected from our users as part of such merger, acquisition, sale, or other change of control. In the unlikely event of our bankruptcy, insolvency, reorganisation, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, we may not be able to control how your personal information is treated, transferred, or used.

 

  1. Oriole may amend this privacy statement at any time, and we recommend that you familiarise yourself with this privacy statement regularly. The most updated version of this privacy statement will govern the respective rights and obligations between you and Oriole each time that you access and use the Site.

 

  1. If you believe that Oriole has used your personal information contrary to this Privacy Statement, you must first attempt to resolve any concerns with Oriole. If you are not satisfied after this process, you have the right to lodge a complaint with the Information Regulator, under the Protection of Personal Information Act.

       The contact details are:

Postal Address:

The Information Regulator (South Africa)
33 Hoofd Street
Forum III, 3rd Floor Braampark
P.O Box 31533
Braamfontein, Johannesburg, 2017

Telephone Number:

+27 (0) 10 023 5207

Fax Number:

(011) 403-0668

Complaints email:

complaints.IR@justice.gov.za

General enquiries email:

inforeg@justice.gov.za

 

 

This Privacy Notice was last modified 17th June 2021

Cookie Policy

To be read in conjunction with the Terms and Conditions and Privacy Policy on this Site

 

Oriole Consulting (Pty) Ltd (“Oriole”), may use cookies, web beacons, tracking pixels, and other tracking technologies when you visit our website www.oriole.co.za including any other media form, media channel, mobile website, or mobile application related or connected thereto (collectively, the “Site”) to help customize the Site and improve your experience.

 

Oriole reserves the right to make changes to this Cookie Policy at any time and for any reason. Oriole will alert you about any changes by updating the “Last Updated” date of this Cookie Policy. Any changes or modifications will be effective immediately upon posting the updated Cookie Policy on the Site, and you waive the right to receive specific notice of each such change or modification. You are encouraged to periodically review this Cookie Policy to stay informed of updates. You will be deemed to have been made aware of, will be subject to, and will be deemed to have accepted the changes in any revised Cookie Policy by your continued use of the Site after the date such revised Cookie Policy is posted.

 

USE OF COOKIES

A “cookie” is a string of information which assigns you a unique identifier that Oriole stores on your computer. Your browser then provides that unique identifier to use each time you submit a query to the Site. Oriole use cookies on the Site to, among other things, keep track of services you have used, record registration information, record your user preferences, keep you logged into the Site, facilitate purchase procedures, and track the pages you visit. Cookies help Oriole understand how the Site is being used and improve your user experience.

 

TYPES OF COOKIES

The following types of cookies may be used when you visit the Site:

Advertising Cookies

Advertising cookies are placed on your computer by advertisers and ad servers in order to display advertisements that are most likely to be of interest to you. These cookies allow advertisers and ad servers to gather information about your visits to the Site and other websites, alternate the ads sent to a specific computer, and track how often an ad has been viewed and by whom. These cookies are linked to a computer and do not gather any personal information about you.

Analytics Cookies

Analytics cookies monitor how users reached the Site, and how they interact with and move around once on the Site. These cookies let Oriole know what features on the Site are working the best and what features on the Site can be improved.

Our Cookies

Oriole cookies are “first-party cookies” and can be either permanent or temporary. These are necessary cookies, without which the Site won’t work properly or be able to provide certain features and functionalities. Some of these may be manually disabled in your browser but may affect the functionality of the Site.

 

 

 

Personalization Cookies

Personalization cookies are used to recognize repeat visitors to the Site. Oriole uses these cookies to record your browsing history, the pages you have visited, and your settings and preferences each time you visit the Site.

Security Cookies

Security cookies help identify and prevent security risks. Oriole use these cookies to authenticate users and protect user data from unauthorized parties.

Site Management Cookies

Site management cookies are used to maintain your identity or session on the Site so that you are not logged off unexpectedly, and any information you enter is retained from page to page. These cookies cannot be turned off individually, but you can disable all cookies in your browser.

Third-Party Cookies

Third-party cookies may be place on your computer when you visit the Site by companies that run certain services we offer. These cookies allow the third parties to gather and track certain information about you. These cookies can be manually disabled in your browser.

 

CONTROL OF COOKIES

Most browsers are set to accept cookies by default. However, you can remove or reject cookies in your browser’s settings. Please be aware that such action could affect the availability and functionality of the Site. For more information on how to control cookies, check your browser or device’s settings for how you can control or reject cookies.

 

OTHER TRACKING TECHNOLOGIES

In addition to cookies, Oriole may use web beacons, pixel tags, and other tracking technologies on the Site to help customize the Site and improve your experience. A “web beacon” or “pixel tag” is tiny object or image embedded in a web page or email. They are used to track the number of users who have visited particular pages and viewed emails and acquire other statistical data. They collect only a limited set of data, such as a cookie number, time and date of page or email view, and a description of the page or email on which they reside. Web beacons and pixel tags cannot be declined. However, you can limit their use by controlling the cookies that interact with them.

 

PRIVACY POLICY

For more information about how we use information collected by cookies and other tracking technologies, please refer to Oriole Privacy Policy posted on the Site – www.oriole.co.za This Cookie Policy is part of and is incorporated into Oriole Privacy Policy. By using the Site, you agree to be bound by this Cookie Policy and our Privacy Policy.

 

CONTACT US

If you have questions or comments about this Cookie Policy, please contact us at www.oriole.co.za or the PoPI Information Officer: caryn@oriole.co.za

Last updated June 2021

Terms of Service / Terms and Conditions of Use

Terms of Service / Terms and Conditions of Use

 

This constitutes an agreement between Oriole Consulting (Pty) Ltd (“Oriole”), the owner and operator of www.oriole.co.za  (hereinafter referred to as the “Site”), which will include any Oriole software provided on the Site, including all content provided by Oriole on the Site, or any of the "Service/s" provided on the Site ), and you (“User” or “You” or “you” or “Your” or “your”) a user of the Site.

 

BY ACCESSING AND/OR USING THIS SITE, YOU ACKNOWLEDGE AND AGREE TO BE BOUND, WITHOUT MODIFICATION OF WHATSOEVER NATURE, TO THESE TERMS AND CONDITIONS OF THE SITE, INCLUDING ANY NOTICES SET FORTH BELOW (COLLECTIVELY “THE TERMS ”) , AND ORIOLES PRIVACY POLICY, WHICH CAN BE FOUND AT www.oriole.co.za, AND WHICH IS INCORPORATED HEREIN BY REFERENCE. Should You choose not to agree with any of these terms, you may not use the Service and/or the Site.

 

The User is responsible for reviewing these Terms each time it uses the Site and Services. Oriole reserves the right at any time, at our sole discretion, to change or otherwise modify the Terms without prior notice,(b) change the content and/or services available on or through the Site and/or (c) discontinue any aspect of the Site or service(s) available from the Site, and your continued access or use of this Site signifies your acceptance of the updated or modified Terms. Oriole further reserves the right, in its sole discretion, to delete the Site.

 

OUR TERMS CONTAIN SPECIFIC PROVISIONS TO LIMIT OUR LIABILITY. THESE TERMS HAVE BEEN SET OUT IN CAPITAL LETTERS. The User should pay particular attention to these terms since they limit the User’s ability to recover losses which the User may incur in connection with the use of this Site.

 

As a condition of your use of this Site, You warrant that all information supplied by You on this Site is true, accurate, current and complete.

 

The language of choice of Oriole for the Site is English, and whilst the Service may be viewed in other languages, Oriole shall not be held liable for any incorrect translation of any language, content, information or interpretation from English to any other language.

 

Oriole retains the right, at our sole discretion, to deny anyone access to this Site and/or the Services offered by Oriole, at any time and for any reason, including, but not limited to, for violation of these Terms.

 

This Site, the content hereof and the Services available through this Site are the property of Oriole, and all proprietary rights therein vest in Oriole, or alternatively, are licensed to Oriole.  The User acknowledges that ownership of all intellectual property rights, including the trade marks indicated on the Site (whether registered or not), vest in Oriole or its licensors, and that it is not authorized to use, amend or exploit any of the intellectual property rights, including the trade marks in any manner whatsoever, without the prior written consent of Oriole. The User shall not, other than for his personal and non-commercial use (a) store on his computer or print copies of extracts from this Site; (b) mirror or cache information provided via this Site on his own server or other computer or other storage facility of whatsoever nature; or (c) copy, adapt, modify or re-use the text or graphics from this Site, without the prior written consent of Oriole.

 

These Terms apply to all Users of the Site. Information provided by our Users through the Site may contain links to third party websites that are not owned or controlled by Oriole.

This Site and Services may also make available other services, service providers, dealings, websites and/or web pages operated by third parties offering material, information and online services (the "third party service").  The use of the third party services and the use of information collected by the operators of such services / sites are governed by the terms of use and privacy policies found at such sites (if any).  Third party services are made available only as a convenience, and the inclusion within the Services of any link to a third party service does not imply endorsement by Oriole of the operator of such site or any association between Oriole and such operator.  Any direct dealings between the User and any third party in connection with a third party service, including the delivery of and payment for goods and services and any other terms, conditions, warranties or representations associated with such dealings, are solely between the User and such third party or the operator of such site, Oriole will not be responsible or liable for any part of any such dealings.  Oriole has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. Oriole does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Site or any hyperlinked website or other advertising, and Oriole will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. By using the Service, You expressly acknowledge and agree that Oriole shall not be responsible for any loss, damages, claims or other liability of whatsoever nature arising from or related to your use of any third-party website.

 

THE USE OF THIS SITE AND SERVICES IS AT THE USER’S OWN RISK.  IN NO EVENT, INCLUDING WITHOUT LIMITATION, NEGLIGENCE, WILL ORIOLE, ITS SUBSIDIARIES, AFFILIATES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR SUPPLIERS BE LIABLE TO THE USER OR ANY THIRD PARTY FOR ANY LOSS OR DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, VIRUSES, WORMS, SPAM, WHETHER OR NOT ORIOLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THE SERVICES, MATERIALS OR INFORMATION, THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THE SERVICES, MATERIALS OR INFORMATION OR ANY DEALINGS WITH VENDORS OR OTHER THIRD PARTIES, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF THE USER’S TRANSMISSIONS OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE OR LOSS OF DATA, FILES OR OTHER CONTENT, ANY SERVICES AVAILABLE THROUGH THE SERVICES OR SITE THAT ARE DELAYED OR INTERRUPTED, OR ANY WEBSITE REFERENCED OR LINKED TO FROM THE SERVICES FEATURE.

 

If You are a consumer you have certain rights under South Africa’s e-commerce legislation Chapter VII of the Electronic Communications and Transactions Act 25 of 2002 (“ECT Act”)

If You are a consumer as defined in the ECT Act and the goods and services You are using are not excluded from protection, You may have certain rights as a consumer under Chapter VII of the ECT Act.

A consumer is defined in the ECT Act as a natural person who enters or intends entering into an electronic transaction with a supplier as the end user of the goods or services offered by that supplier.

For more information on these rights visit Acts Online or www.acts.co.za or http://www.acts.co.za/ect_act/index.htm and refer to Chapter VII. If You need more information regarding this, please contact Oriole. Nothing in these Terms will be interpreted to deny consumers of any of the rights given to them under the ECT Act.

 

Required by Section 43 of the South African Electronic Communications and Transaction Act

  1. The full name and legal status of the Site owner is Oriole Consulting (Pty) Ltd (registration number: 2015/095508/07) registered in South Africa.

  2. The full address of the Site owner is 3 Joseph Road, Silva Monte.

  3. Membership to self-regulatory or accreditation bodies: NA

  4. Codes of conduct to which this Site subscribes: NA

  5. Legal persons: Caryn Myers, Natalie Grundlingh, Jens Gembicki

  6. Physical address for receipt of legal service: 23 Joseph Road, Silva Monte, 2192

  7. Main business: Consulting Services

 

Information, ideas and opinions expressed on this Site should not be regarded as professional advice or the official opinion of Oriole. Oriole cannot be held liable for illegal or unconstitutional content. The User indemnifies Oriole from all liability in this regard.
 

  1. Subject to your compliance with these Terms, Oriole hereby grants You permission to use the Service, provided that:

    1.  your use of the Service as permitted is solely for your use, and You are not permitted to resell or charge others for use of or access to the Service, or in any other manner inconsistent with these Terms;

    2.  You shall not duplicate, transfer, give access to, copy or distribute any part of the Service in any medium whatsoever; and

    3.  You shall otherwise comply with the terms and conditions of these Terms and Privacy Policy.

  2. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc. or "load testers" such as wget, apache bench, mswebstress, httpload, blitz, Xcode Automator, Android Monkey, etc.

  3. No person, business or web site may use any technology to search and gain any information from this Site without the prior written permission of Oriole.

  4. The use of search technology, such as "web-crawlers" or "web-spiders", to search and gain information from the Site is not permitted.

  5. You agree not to collect or harvest any personally identifiable information from the Site, nor to use the communication systems provided by the Site for any commercial or spam purposes. You agree not to spam, or solicit any Users of the Site.

  6. The design of the Site along with Oriole created text, scripts, graphics, interactive features, the trademarks, service marks and logos contained therein are owned by Oriole, subject to copyright and other intellectual property rights under the Republic of South Africa and foreign laws and international conventions. The Site is provided to You AS IS for your information and use only.

  7. Oriole makes no warranties or representations about the accuracy or completeness of this Site’s content and assumes no liability or responsibility whatsoever. The User understands that when using this Site and/or Services, the User will be exposed to content from a variety of sources.  The Site and/or Services and other services and materials could include technical or other mistakes, inaccuracies or typographical errors or offensive, indecent, or objectionable content. If the User does so object, the User should not use this Site and/or Services. The information, services and materials may be out of date, and Oriole gives no undertaking of any manner whatsoever to update such information, services or materials.  Any information contained on our Site, is intended for general information purposes only, and is not meant to be an endorsement or representation by Oriole or any other party and should in no way be construed as professional advice.  The User should refrain from making any business decisions on the basis of this information without consulting Oriole for advice related to your specific and precise requirements. Any reliance the User places on any content is strictly at the User’s own risk.

  8. Oriole may from time to time supply Users with information including but not limited statistics, comparisons and/or data collected on/by the Site, Oriole shall not be held liable for the accuracy of this information, statistics, comparisons and/data. 

  9. Please be aware that by submitting content to this Site, postings on this Site or otherwise, including but not limited to reviews, questions, comments, suggestions and/or ideas (“Submissions”), You grant Oriole a non-exclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to:

    1. use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display such content in any media; and

    2. use the name that you submit in connection with such content, posting or otherwise.

  10. You acknowledge and agree that Submissions are non-confidential and non-proprietary.

  11. The User agrees that it will only use this Site, the information contained herein and the Services in respect of the specific purposes for which it is created.  In using the Site, information or Services, the User will not: (a) disrupt or interfere with any other user's enjoyment of such Services or materials or any affiliated or linked sites; (b) upload, post or otherwise transmit any viruses or other harmful, disruptive or destructive files; (c) create a false identity; (d) use or attempt to use another's account, password, service or system without authorization from Oriole; (e) access or attempt to access any service or content which the User is not authorized to access; (f) disrupt or interfere with the security of, or otherwise cause harm to, any system resources, accounts, passwords, servers or networks connected to or accessible through such feature or any affiliated or linked sites; (g) conduct any surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise); (h) threaten, defame, abuse, harass, stalk or otherwise violate the legal rights (including the rights of privacy and publicity) of others; (i) publish, post, upload, distribute or disseminate any defamatory, obscene, or unlawful topic, name, material or information; (j) upload or otherwise make available files that contain images, photographs, software or other material protected by intellectual property laws, including, without limitation, copyright, trademark, patents, designs, privacy and publicity laws unless the User owns or controls the rights thereto or has received all necessary authority to do the same; (k) advertise or offer to sell or buy any goods or services for any purpose; (l) violate any laws or regulations of the Republic of South Africa or any other country applicable. 

  12. You expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:

    1. Any message, data, information, text, music, sound, photos, graphics, code or any other material ("Content") that is unlawful, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;

    2. Content that would constitute, encourage or provide instructions for a criminal offence, violate the rights of any party, or that would otherwise create liability or violate any local, national or international law,

    3. Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;

    4. Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including Oriole;

    5. Unsolicited promotions, political campaigning, advertising, contests, raffles, or solicitations;

    6. Private information of any third party, including, without limitation, surname, addresses, phone numbers, email addresses, identity numbers and credit card numbers;

    7. Viruses, corrupted data or other harmful, disruptive or destructive files; or

    8. Content or links to content that, in the sole judgment of Oriole,

      1. violates the terms and conditions of these Terms

      2. is objectionable,

      3. which restricts or inhibits any other person from using or enjoying the Site in any way whatsoever, or

      4. which may expose Oriole or its affiliates or its users to any harm or liability of any type.

  13. The Site is controlled and offered by Oriole from its facilities in the Republic of South Africa. Oriole makes no representations that the Site is appropriate or available for use in other locations. Those who access or use the Site from other jurisdictions do so at their own volition and are responsible for compliance with local law.

  14. You affirm that you are either more than 18 years of age, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, representations, and warranties set out in these Terms, and to abide by and comply with these Terms.

  15. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by Oriole without restriction.

  16. In the event of a dispute as to the content of these terms and conditions at any time, a certificate signed by the administrator responsible for maintaining the website shall be prima facie proof of the date of publication and content of the current version and all previous versions of these Terms.

  17. You agree that:

    1. the Site shall be deemed solely based in the Republic of South Africa;

    2. the Site shall be deemed a passive server that does not give rise to personal jurisdiction over Oriole, either specific or general, in jurisdictions other than the Republic of South Africa; and

    3. that you agree to subject to the jurisdiction of the Republic of South Africa, more specifically the South Gauteng High Court, in the event of any legal dispute.

    4. These Terms shall be governed by the laws of the Republic of South Africa.

    5. Any claim or dispute between You and Oriole that arises in whole or in part from the Site shall be decided exclusively by a court of competent jurisdiction, more specifically the High Court of South Africa, Gauteng Local Division.

  18. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.

  19. No waiver of any term of this these Terms shall be deemed a further or continuing waiver of such term or any other term, and Oriole’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.