THESE TERMS AND CONDITIONS ARE BINDING AND ENFORCEABLE AGAINST ALL PERSONS THAT ACCESS THE HOPE HOUSE TRUST WEB SITE OR ANY PART THEREOF (THE HOPE HOUSE TRUST WEB SITE) IN TERMS OF SECTION 11 OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS (ECT) ACT 25 OF 2002.

IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS YOU MUST LEAVE THE HOPE HOUSE TRUST WEB SITE NOW, AS FURTHER USE WILL AUTOMATICALLY BIND YOU TO THESE TERMS AND CONDITIONS.

A COPY OF THE ECT ACT MAY BE DOWNLOADED FROM:
http://www.info.gov.za/gazette/acts/2002/a25-02.pdf

DEFINITIONS AND INTERPRETATION

a) "Hope House Trust web site" means the Hope House Trust site located at www.hopehousetrust.co.za and/or www.hope-house.co.za and includes any part or element thereof;

b) "User" means any person who enters or uses the Hope House Trust web site, notwithstanding the fact that such a person only visited the home page of the Hope House Trust web site;

c) References herein to the singular includes the plural and vice versa; and

d) Notwithstanding the fact that hyperlinks in these terms and conditions to copyright notices and legislation should be deemed part of these terms and conditions in terms of section 11 of the ECT Act, the fact that some or all of the hyperlinks may be non-operational, shall not play a role in determination of the validity and interpretation of these terms and conditions.

1. GENERAL

Hope House Trust serves as a home of safety for adults with schizophrenia who need supervision and care.

2. ALLOWED USE AND LICENSE

2.1 Hope House Trust licenses the User to view, download and print the content of the Hope House Trust web site, provided that such content is used for personal, educational and/or non-commercial purposes only.

2.2 Content from the Hope House Trust web site shall not be used or exploited by Users for any commercial and non-private purposes without the prior written consent of Hope House Trust.

2.3 Users may only access and use the Hope House Trust web site for legal purposes.

2.4 The caching of the Hope House Trust web site shall only be allowed if:
2.4.1 The purpose of the caching is to make the onward transmission of the content from the Hope House Trust web site more efficient;
2.4.2 The cached content is not modified in any manner whatsoever;
2.4.3 The cached content is updated at least every 12 (twelve) hours; and
2.4.4 The cached content is removed or updated when so required by Hope House Trust.

2.5 If any User uses content from the Hope House Trust web site in breach of the provisions detailed herein:
2.5.1 Hope House Trust reserves the right to claim damages from the User;
2.5.2 Hope House Trust reserves the right to institute criminal proceedings against the User; and
2.5.3 Hope House Trust shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of such content by the User or any third party who obtained any content from the User.

2.6 Hyperlinks to the Hope House Trust web site from any other source shall be directed at the home page of the Hope House Trust web site. Hope House Trust shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of content from the Hope House Trust web site, if such content was accessed through a hyperlink not directed at the home page of the Hope House Trust web site. Persons that wish to link to content beyond the home page of the Hope House Trust web site shall do so at their own risk and indemnify Hope House Trust against any loss, liability or damage that may result from the use of content from the Hope House Trust web site, if such content was accessed through a hyperlink not directed at the home page of the Hope House Trust web site.

Hope House Trust's non-liability for deep linking is based on the fact that deep links bypass these terms and conditions.

2.7 Users may quote small and reasonable amounts of content available from the Hope House Trust web site only if such quote is placed in inverted commas and acknowledged.

2.8 No person may frame the Hope House Trust web site, in any manner whatsoever, without the prior written consent of Hope House Trust.

2.9 Apart from bona-fide search engine operators and use of the search facility provided on the Hope House Trust web site by Users, no person may use or attempt to use any technology or applications (including web crawlers or web spiders) to search or copy content from the Hope House Trust web site for any purposes, without the prior written consent of Hope House Trust.

2.10 All licenses and/or permissions granted in terms of this clause 2 are provided on a non-exclusive and non-transferable basis and may be terminated or cancelled by Hope House Trust at any time without giving reasons therefore.

3. INTELLECTUAL PROPERTY RIGHTS AND DOMAIN NAME USE

3.1 All intellectual property on the Hope House Trust web site, including but not limited to content, trademarks, domain names, patents, design elements, software, databases, text, graphics, icons and hyperlinks are the property of or licensed to Hope House Trust and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights licensed to the User in clause 2, all other rights to intellectual property on the Hope House Trust web site are expressly reserved.

4. SOFTWARE AND EQUIPMENT

It is the responsibility of the User to acquire and maintain, at his/her own expense, the computer hardware, software, lines and access accounts to access the Internet and the Hope House Trust web site and/or download content from this web site.

5. DISCLOSURES REQUIRED BY SECTION 43 OF THE ECT ACT

Access to the services, content, software and content downloads available from the Hope House Trust web site is classified as "electronic transactions" in terms of the ECT Act and therefore Users have the rights detailed in Chapter 7 of the ECT Act and Hope House Trust has the duty to disclose the following information:

5.1 The full name and legal status of the web site owner: Hope House Trust (Number IT.3077/2000) Non- profit Organisation Number 012-500 NPO;

5.2 Street address: Amajuba, 41 Klipper Road, Rondebosch, 7700;

5.3 Postal address: Amajuba, 41 Klipper Road, Rondebosch, 7700;

5.4 Physical address for receipt of legal service: Amajuba, 41 Klipper Road, Rondebosch, 7700, South Africa;

5.5 Main business: Hope House Trust serves as a home of safety for adults with schizophrenia who need supervision and care;

5.6 The web site address of the Hope House Trust web site is: www.hopehousetrust.co.za and/or www.hope-house.co.za;

5.7 The official e-mail addresses of the Hope House Trust web site is: [email protected];

5.8 The Manual published in terms of section 51 of the Promotion of Access to Information Act 2 of 2000 of the owner of the Hope House Trust web site may be downloaded from: www.hopehousetrust.co.za and/or www.hope-house.co.za.

5.9 Management:
HOPE HOUSE TRUST (NUMBER IT.3077/2000) NON- PROFIT ORGANISATION NUMBER 012-500 NPO
Trustees: Allison Berange, David Borman, Grant Mackintosh, Jess Mackintosh (Chairperson), Heather McKenzie, Peter Smith, Elizabeth Solomon

5.10 The costs associated with the access and use of the Hope House Trust web site are as follows: Free access.

5.11 Alternative dispute resolution: Subject to urgent and/or interim relief, all disputes regarding:
5.11.1 access to the Hope House Trust web site;
5.11.2 the inability to access the Hope House Trust web site;
5.11.3 the services and content available from the Hope House Trust web site; or
5.11.4 these terms and conditions,

shall be referred to arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa and such arbitration proceedings shall be conducted in Bellville in English. The arbitration ruling shall be final and the unsuccessful party shall pay the costs of the successful party on a scale as between attorney and own client. The expedited rules of the Arbitration Foundation of South Africa may be downloaded from the following web site: http://www.arbitration.co.za;

5.12 Cooling-off period: In terms of the operation of section 42(1)(d) of the ECT Act, the cooling-off provisions of the ECT Act do not apply to this web site;

5.13 Users may lodge complaints concerning the Hope House Trust web site with Hope House Trust at [email protected].

6. CHANGES AND AMENDMENTS

Hope House Trust expressly reserves the right, in its sole and absolute discretion, to do any of the following, at any time without prior notice:

6.1 change these terms and conditions;

6.2 change the content and/or services available from the Hope House Trust web site;

6.3 discontinue any aspect of the Hope House Trust web site or service(s) available from the Hope House Trust web site; and/or

6.4 change the software and hardware required to access and use the Hope House Trust web site.

7. PRIVACY

7.1 Hope House Trust shall take all reasonable steps to protect the personal information of Users and for the purpose of this clause, "personal information" shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.info.gov.za/gazette/acts/2000/a2-00.pdf

7.2 Hope House Trust may electronically collect, store and use the following personal information of Users:
7.2.1 name and surname;
7.2.2 contact numbers;
7.2.3 non-personal browsing habits and click patterns;
7.2.4 e-mail address; and
7.2.5 IP address.

7.3 Hope House Trust collects, stores and uses the abovementioned information for the following purposes:
7.3.1 Communicate requested information to the User;
7.3.2 Provide the User with access to restricted pages on this web site; and
7.3.3 to compile non-personal statistical information about browsing habits, click-patterns and access to the Hope House Trust web site.

7.4 Information detailed above is collected either electronically by using cookies or is provided voluntarily by the User. Users may determine cookie use independently through their browser settings.

7.5 Hope House Trust may collect, maintain, save, compile, share, disclose and sell any information collected from users, subject to the following provisions:
7.5.1 Hope House Trust shall not disclose personal information from Users unless the User consents thereto;
7.5.2 Hope House Trust shall disclose information without the User's consent only through due legal process; and
7.5.3 Hope House Trust may compile, use and share any information that does not relate to any specific individual.

7.6 Hope House Trust owns and retains all rights to non-personal statistical information collected and compiled by Hope House Trust.

8. HYPERLINKS TO THIRD PARTY SITES

8.1 Hope House Trust may provide hyperlinks to web sites not controlled by Hope House Trust (target sites) and such links do not imply any endorsement, agreement on or support for the content of such target sites.

8.2 Hope House Trust does not editorially control the content on such target sites and shall not be liable, in any manner whatsoever, for the access to, inability to access or content available on or through such target sites.

9. SECURITY

9.1 Hope House Trust shall take all reasonable steps to secure the content of the Hope House Trust web site and the information provided by and collected from Users from unauthorised access and/or disclosure. However, Hope House Trust does not make any warranties or representations that content shall be 100% safe and secure.

9.2 Hope House Trust is under no legal duty to encrypt any content or communications from and to the Hope House Trust web site and is also under no legal duty to provide digital authentication of any page on the Hope House Trust web site.

9.3 Users may not deliver or attempt to deliver, whether on purpose or negligently, any damaging code, such as computer viruses, to the Hope House Trust web site or the server and computer network that support the Hope House Trust web site.

9.4 Notwithstanding criminal prosecution, any person who delivers any damaging code to the Hope House Trust web site, whether on purpose or negligently, shall, without any limitation, indemnify and hold Hope House Trust harmless against any and all liability, damages and losses Hope House Trust and its partners / affiliates may suffer as a result of such damaging code.

9.5 Users may not develop, distribute or use any device to breach or overcome the security measures of the Product and Hope House Trust reserves the right to claim damages any and all persons concerned with a security failure or breach.

9.6 Any User who commits any of the offences detailed in sections 85 to 88 of the ECT Act shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by Hope House Trust and its partners / affiliates. The ECT Act may be downloaded from: http://www.info.gov.za/gazette/acts/2002/a25-02.pdf

10. DISCLAIMER AND LIMITATION OF LIABILITY

10.1 Subject to the provisions of sections 43(5) and 43(6) of the ECT Act, if applicable, and as far as allowed by law, Hope House Trust (including its owners, employees, suppliers, Internet service providers, partners, affiliates and agents) shall not be liable for any damage, loss or liability of any nature incurred by whomever and resulting from:
10.1.1 access to the Hope House Trust web site;
10.1.2 access to web sites linked to the Hope House Trust web site;
10.1.3 inability to access the Hope House Trust web site;
10.1.4 inability to access web sites linked to the Hope House Trust web site;
10.1.5 content available on the Hope House Trust web site;
10.1.6 services available from the Hope House Trust web site;
10.1.7 downloads and use of content from the Hope House Trust web site;
10.1.8 any other reason not directly related to Hope House Trust's gross negligence.

10.2 The Hope House Trust web site is supplied on an "as is" basis and has not been compiled to meet the User's individual requirements. It is the responsibility of the User to satisfy himself or herself, prior to entering into this agreement with Hope House Trust, that the content available from and through the Hope House Trust web site meet the User's individual requirements and is compatible with the User's computer hardware and/or software.

10.3 Information, ideas and opinions expressed on the Hope House Trust web site should not be regarded as professional advice or the official opinion of Hope House Trust and Users are encouraged to consult professional advice before taking any course of action related to the information, ideas or opinions expressed on the Hope House Trust web site.

10.4 Hope House Trust does not make any warranties or representation that content and services available from the Hope House Trust web site will in all cases be true, correct or free from any errors. Hope House Trust shall take all reasonable steps to ensure the quality and accuracy of content available from the Hope House Trust web site.

10.5 Hope House Trust does not make any warranties or representations that the Hope House Trust web site shall be available at all times. Users acknowledge that the Hope House Trust web site may be unavailable due to updates or other causes beyond the reasonable control of Hope House Trust, including, but not limited to virus infection, unauthorised access (hacking), power failure or other "acts of God".

11. REMOVAL AND CORRECTION OF CONTENT

Users are encouraged to report untrue, inaccurate, defamatory, illegal, infringing and/or harmful content available from the Hope House Trust web site to Hope House Trust and Hope House Trust undertakes to correct and/or remove such content or any part thereof if the person reporting such content provided reasonable grounds to prove the alleged nature of the content.

12. INTERCEPTION OF COMMUNICATIONS

12.1 Subject to the provisions of the Regulation of Interception of Communications (RIC) Act 70 of 2002, the User agrees to Hope House Trust's right to intercept, block, filter, read, delete, disclose and use all communications send or posted by the User to the Hope House Trust web site, its staff and employees.

12.2 The User agrees and acknowledges that the consent provided by the User in clause 12.1 satisfies the "writing" requirement as detailed in the ECT Act and the RIC Act.

13. ENTIRE AGREEMENT AND SEVERABILITY

13.1 Subject to the provisions of the Content Use License, these terms and conditions constitute the entire agreement between Hope House Trust and the User and shall take precedent over any disclaimers and/or legal notices attached to any communications and/or postings received by Hope House Trust from the User.

13.2 Any failure by Hope House Trust to exercise or enforce any right or provision shall in no way constitute a waiver of such right or provision.

13.3 In the event that any term or condition detailed herein is found unenforceable or invalid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall remain enforceable and applicable.

14. AGREEMENT IN TERMS OF SECTION 21 OF THE ECT ACT

The User and Hope House Trust agree that:

14.1 the User shall be bound to these term and conditions and such agreement is concluded in Cape Town (South Africa) at the time the User enters the Hope House Trust web site for the first time or immediately after the User indicated consent as required in Content Use Agreement;

14.2 data messages (as defined in the ECT Act) addressed by the User to Hope House Trust shall only be deemed to have been received if and when responded to;

14.3 data messages (as defined in the ECT Act) addressed to the User by Hope House Trust shall be deemed to be received by the User as detailed in section 23(b) of the ECT Act;

14.4 data messages (as defined in the ECT Act) addressed by the User to Hope House Trust shall be deemed to have been created and send by the User from within the geographical boundaries of South Africa;

14.5 electronic signatures, encryption and/or authentication is not required for valid electronic communications between the User and Hope House Trust; and

14.6 the User agrees and warrants that data messages that are sent to Hope House Trust from a computer, IP address or mobile device normally used by or owned by the User, was sent and/or authorised by the User personally.

15. APPLICABLE AND GOVERNING LAW

The Hope House Trust web site is hosted, controlled and operated from the Republic of South Africa and therefore the South African law enforced by the South African courts governs the use or inability to use the Hope House Trust web site, its content, services and these terms and conditions.

16. LEGAL COSTS

Hope House Trust shall not be liable for costs incurred by Users to obtain professional advice relating to these terms and conditions.