DEFINITIONS KEY

DEFINITIONS KEY

1.1 We are required, throughout all of our terms, conditions, agreements, policies, and procedures, to make use of certain legal terms. Certain words will also have a very specific meaning, that is only applicable within the context of the document that you are reading. We appreciate that this can be confusing, and it is for this reason that we have created this Definitions Key to assist you.

1.2 This Definitions Key contains an explanation of all of the important terms (legal and otherwise) that are used in our terms, conditions, agreements, policies, and procedures and gives each word a specific meaning within the context of the document that you are reading. Please refer back to this Definitions Key whenever you are uncertain about the meaning or context of any word that you come across in any of our documents.

1.3 In our terms, conditions, agreements, policies and procedures, clause headings are for convenience only and shall not be used in the interpretation of the document that you are reading.

1.4 Unless the context clearly indicates a contrary intention, an expression which denotes any gender includes the other gender; a natural person includes an artificial or juristic person and vice versa; the singular includes the plural and vice versa.

1.5 In addition to other terms that have been defined in the body of the document that you are reading, the following words have the following meanings:

“Ancillary Terms”

all additional terms, conditions, policies and procedures that are applicable to the supply of the Products and Services and the use of the Site, including but not limited to: this Definitions Key, the Privacy Policy, the Cookie Policy, the Disclaimer and the PAIA Manual;

“Business Day”

any day other than a Saturday, Sunday or official public holiday within the Republic of South Africa

“Children’s Act”

the Children’s Act 28 of 2005, together with any regulations promulgated in relation thereto, as amended from time to time;

“Commencement Date”

the first time that you access the Site, for any reason whatsoever, as a guest or as a registered User

“Consent”

voluntary, specific and informed consent that is provided by you, of your own free will, and without any undue influence from any person whatsoever;

“Contracted Third Parties”

third parties with whom we contract in order to be able to optimally perform our obligations and supply the Products and render our Services to you, including, but not limited to: service providers, affiliates, consultants, credit bureaus (to report account information, as permitted by law), insurance providers and other companies or persons that assist with parts of our business operations (including fraud prevention, bill collection, marketing and technology services);

“CPA”

the Consumer Protection Act 68 of 2008, together with any regulations promulgated in relation thereto, as amended from time to time;

“ECTA”

the Electronic Communications and Transactions Act 25 of 2002, together with any regulations promulgated in relation thereto, as amended from time to time;

“Fees”
the fees payable by you to CBS in respect of the Subscription Plan selected by you, the Products purchased by you, and/or the Services provided to you, exclusive of VAT, as updated from time to time, and as more fully set out on the Site and in the General Site Terms and Conditions;
“IP”

Internet Protocol, meaning the set of rules governing the format of data sent via the internet or local network;

“Intellectual Property Rights”

intellectual property of all kinds and descriptions, together with all rights subsisting therein, whether statutory or at common law, including, all Proprietary Information, all copyrighted works, trade marks (whether registered or not), designs (whether registered or not), inventions (whether patented or not), software programs, procedures, methodologies, data and flow charts and all statutory registrations and applications therefor as at the Commencement Date, together with all improvements, developments and customisations of the aforegoing;

“Internet Usage Information”

includes, but is not limited to: your IP address; browsing habits, click patterns, version of software installed, system type, screen resolutions, colour capabilities, plug-ins, language settings, cookie preferences, search engine keywords, JavaScript enablement, the content and pages that you access on the Site, and the dates and times that you visit the Site, paths taken, and time spent on sites and pages within the Site;

“ISP”

Internet Service Provider;

“Mobile Application”

the application software of Love Howick developed for mobile devices, which may be downloaded and installed on your mobile device, through which you may access certain information regarding your User account and certain Products and Services;

“Mobile Website”

the condensed version of the Website, designed specifically for access via a mobile device;

“NCA”
the National Credit Act 34 of 2005, together with any regulations promulgated in relation thereto, as amended from time to time;

Love Howick “the Organisation”, “us”, “our” and “we”

Cornerstone Business Strategists (CC) Limited t/a CBS, a South African company with registration number: 2016/137783/07 having its registered address in Hilton, KZN, South Africa.

“Optional Information”

Personal Information that is provided by you to us on a voluntary basis, in addition to the Personal Information that is collected from your browser when you are on our Site or collected by us when you subscribe or sign-up to use our Services;

“PAIA”

the Promotion of Access to Information Act 2 of 2002, together with any regulations promulgated in relation thereto, as amended from time to time;

“PAIA Manual”

a document compiled in terms of section 51 of PAIA, as read with section 17 of POPIA, which explains how people can get access to records held by a body;

“Parties”

CBS and the User collectively and “Party” shall mean either one of them, as the context may indicate;

“Personal Information”

all information which may be personal in nature, or information about an identifiable natural or juristic person in terms of the CPA, the ECTA, PAIA and POPIA;

“Platforms”

all online platforms and tools, subscribed to and operated by CBS that allow you to create, share, and exchange information and content with others, including but not limited to: Facebook, Instagram, LinkedIn, Twitter, and TikTok;

“POPIA”

the Protection of Personal Information Act 4 of 2013, together with any regulations promulgated in relation thereto, as amended from time to time;

“Process/Processing”

the manual or automated activity of collecting, receiving, using, recording, organising, combining, collating, storing, updating, modifying, retrieving, altering, distributing (or otherwise making available in any form), disseminating, merging, linking, restricting, degrading, deleting, or removing Personal Information;

“Products”
any products offered for sale on the Site from time to time;
“Proprietary Information”

any and all know how, trade secrets and data/information of a proprietary and/or confidential nature, including data/information of a Party that the other Party should reasonably have known to be proprietary or confidential in nature;

“RSA”
the Republic of South Africa;
“Services”

all of the services provided by the Parties to you in accordance with the General Site Terms and Conditions and the Ancillary Terms, consisting of, inter alia:

a platform where:

  • Local business product and service providers and local residents and visitors can find each other, book, and pay for products and services as promoted on the Site from time to time;

inclusive of all ancillary and related services, and all modifications, enhancements, updates and additions to the Services, together with any support services required by you in relation to the Services;

“Site”

collectively, the Website, the Mobile Website, the Mobile Application and the Platforms;

“Subscription Plan”
the monthly, annual or other subscription plan that you select and register for, which allows you to make use of certain Services;
“URL”

Uniform Resource Locator;

“User”, “you”, “your” and “yourself”

any person who visits the Site, purchases Products, or makes use of the Services offered by the Parties for any purpose whatsoever;

“VAT”

Value Added Tax as levied in terms of the Value Added Tax Act 89 of 1991, together with any regulations promulgated in relation thereto, as amended from time to time; and

“Website”

the website owned and operated by Love Howick, which can be located at LoveHowick.org.za or LoveCities.org.za.

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