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1.
1.1 Copyright 2005© Linda Garretts swim school. 1200 Lubich Drive, Mountain View, CA 94040. All rights not expressly granted are reserved.
1.2 Users may download, view and print content from this site for private and non-commercial purposes only.
1.3 All moral rights of and its employees/agents are reserved.
1.4 Linda Garrett cannot screen or edit all the content available from the Linda Garrett site and does not accept any liability for illegal, defamatory or obscene content. Users are encouraged to inform Linda Garrett of any content that may be offensive or illegal.
2.
2.1 All the content, trademarks and data on this web site, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, designs and agreements, are the property of or licensed to Linda Garrett and as such are protected from infringement by local and international legislation and treaties.
3.
3.1 When a user visits Linda Garrett or sends e-mails to Linda Garrett, that user consents to receiving communications from Linda Garrett electronically and agrees that all agreements, notices, disclosures and other communications sent by Linda Garrett satisfies any legal requirements, including but not limited, to the requirement that such communications should be "in writing".
4.
4.1 No person, business or web site may link to any page on this site without the prior written permission of Linda Garrett. Such permission could be obtained from the person referred to in clause 1 hereof.
4.2 Hyperlinks provided on this site to Linda Garrett are provided as is and Linda Garrett does not necessarily agree with, edit or sponsor the content on such web pages.
5.
5.1 No person, business or web site may frame this site or any of the pages on this site in any way whatsoever.
6.
6.1 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 Linda Garrett. Such permission could be obtained from the person referred to in clause 1 hereof.
7.
7.1 Apart from the provisions of sections of the Electronic Communications and Transactions Act, neither Linda Garretts swim school nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this web site or the services or content provided from and through this web site. Furthermore, Linda Garrett makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this web site are free from errors or omissions or that the service will be 100% uninterrupted and error free. Users are encouraged to report any possible malfunctions and errors to the person referred to in clause 1.
7.2 This web site is supplied on an "as is" basis and has not been compiled or supplied to meet the user's individual requirements. It is the sole responsibility of the user to satisfy itself prior to entering into this agreement with Linda Garrett that the service available from and through this web site will meet the user's individual requirements and be compatible with the user's hardware and/or software.
7.3 Information, ideas and opinions expressed on this site should not be regarded as professional advice or the official opinion of Linda Garrett and users are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this site.
7.4 Neither Linda Garrett nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use any product sold on this web site.
8.
8.1 :
8.1.1 The price of the service is as per the cost shedule. In the event of a sale or special offer, the discounted price is displayed.
9.
9.1 Linda Garrett shall take all reasonable steps to protect the personal information of Users. 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).
9.2 Linda Garrett may electronically collect, store and use the following personal information of Users:
9.2.1 name and surname;
9.2.2 identity number;
9.2.3 contact numbers;
9.2.4 postal and physical address;
9.2.5 e-mail address
9.3 Linda Garrett collects, stores and uses the abovementioned information for the following purposes:
9.3.1 to authorise the User when a backup / restore from the Linda Garrett web site is required;
9.4 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.
9.5 Linda Garrett may collect, maintain, save, compile, share, disclose and sell any information collected from users, subject to the following provisions:
9.6.1 Linda Garrett shall not disclose personal information from Users unless the User consents thereto;
9.6.2 Linda Garrett shall disclose information without the User's consent only through due legal process; and
9.6.3 Linda Garrett may compile, use and share any information that does not relate to any specific individual.
9.7 Linda Garrett owns and retains all rights to non-personal statistical information collected and compiled by Linda Garrett.
10.
10.1 Any person that delivers or attempts to deliver any damaging code to this web site or attempts to gain unauthorised access to any page on this web site shall be prosecuted and civil damages shall be claimed in the event that Linda Garrett suffers any damage or loss.
10.2 The user agrees and warrants that its log-in name and password shall:
10.2.1 be used for personal use only; and
10.2.2 not be disclosed to any third party.
10.3 The user allows Linda Garrett to take all reasonable steps to ensure the integrity and security of the Linda Garrett site and back-office applications.
11.
11.1 Linda Garrett, in its sole discretion, may change this agreement or any part thereof at any time without notice.
12.
12.1 In the event of any dispute of any nature whatsoever arising between the parties on any matter provided for in, or arising out of this agreement, such a dispute shall be submitted to confidential arbitration in terms of the expedited rules.
13.
16.1 Linda Garrett chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature, 319 Windermere Road, Morningside, Durban, 4001, Kwa Zulu Natal, South Africa.
14.
14.1 This agreement shall commence when the user registers on the Linda Garrett site and continues indefinitely until terminated by Linda Garrett in terms of clause 11 hereto or for any other reason.
15.
15.1 Linda Garretts swim school L Garret Managing Director.
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