(Last reviewed on / updated on 24 June 2008)
Each Subscriber must comply and adhere to this Code in order to access and use the Website or participate in any discussion group on the Website which contains detailed information on Subscribers’ and third party’s goods, services, skills, resources, requirements, opportunities, opinions, etc.
In order to use and participate in this Website, all Subscribers must accept this Code by clicking the “I accept” button at the end of this document. Upon such acceptance, each Subscriber will be given a unique logon ID for participation in discussion groups which may, for the purpose of security, be monitored and tracked by a member of Navigate-Us staff (“Overseer”). The Subscriber acknowledges that the Navigate-us has no control over any content placed on the Website by Subscribers and the Supplier does not purport to monitor the content of the Website.
Each Subscriber and any material which he/she posts onto the Website or any forum (“Material”) must comply with the following basic standards. Accordingly, the Subscriber shall:
(a) only use the Website for lawful, decent and honest purposes;
(b) only use the Website in accordance with this Code;
(c) ensure that any Material does not infringe any applicable laws or third party rights (which shall include any Material that is obscene, indecent, vulgar, pornographic, seditious, offensive, defamatory, libellous, threatening, abusive, harassing, tortuous, discriminatory, menacing, blasphemous, or in breach of any third party intellectual property rights);
(d) not upload, post, e-mail or otherwise disseminate any content that it does not have a right to disseminate under any law or under contractual or fiduciary relationships;
(e) ensure that it complies with generally accepted principles of internet usage (whether governed by the laws of any jurisdiction or not) including by:
(i) never disseminating or hosting harmful content including viruses, time bombs, worms, trojan horses, cancelbots or any other computer code, files or programs that may damage, interrupt, interfere with, intercept or expropriate any system, program, data or personal information or limit the functionality thereof;
(ii) never disseminating or offering fraudulent goods, services, schemes, or promotions;
(iii) never pirating or otherwise illegally copying software or other proprietary material; or
(iv) never violating the security of any website or engaging in unauthorised decryption of protected material;
(f) ensure that it complies with generally accepted principles of e-mail usage (whether governed by the laws of any jurisdiction or not) including by:
(i) never disseminating or sending any unsolicited e-mails or spam except to such persons who have given their express consent to such e-mails being sent;
(ii) never disseminating or sending e-mails offering fraudulent goods, services, schemes, or promotions;
(iii) never disseminating or sending harmful e-mails the contents of which contain or attach viruses, time bombs, worms, trojan horses, cancelbots or any other programs or devises that may damage, interfere with, intercept or expropriate any system, program, data or personal information;
(iv) never disseminating or sending any e-mails the contents of which contain or attach pirated or otherwise illegally copied software or other proprietary material;
(v) never disseminating or sending any e-mails the contents of which is likely to violate the security of any website or result in the unauthorised decryption of protected material;
(vi) never disseminating or sending any harassing e-mails (including by way of size, frequency or language) or malicious e-mails (including by way of “mailbombing” or “trolling”);
(g) not undertake any act or omission which is harmful or is likely to be harmful to the Navigate-us’ servers, networks, systems, reputation or any third party or which violates any of the same including by way of hacking, avoiding system restrictions, failing to safeguard accounts, unauthorised monitoring, interference (such as “mailbombing”) or forging any TCP-IP packet header, e-mail header or any part of a message header); and
(h) not undertake any reverse engineering, reverse compiling or otherwise deriving the underlying source code or structure or sequence of any service connected with the Website.
If Navigate-us determines that the manner in which the Subscriber is using the Services is harmful or is likely to be harmful to its servers, networks, systems, reputation or any third party; or there is, or there is likely to be, a breach of this Code, the Supplier may without notice do all such things as it deems reasonably necessary including:
(a) restricting or ceasing to provide all or part of the Website to the Subscriber or otherwise;
(b) removing any Material from the Website; or
(c) removing the Website from its server.
Specific Responsibilities of Subscribers
(a) Each Subscriber is solely responsible for the accuracy, legality, currency and compliance of its own Material and will be solely liable for false, misleading, inaccurate, infringing or other actionable material contained or referred to therein.
(b) Each Subscriber is solely responsible for maintaining the confidentiality of its unique logon ID, and for its use. As traffic on this Website and in the discussions groups is monitored, evidence of use of the logon ID can be produced to support or defend any dispute or actionable cause or matter which arises in relation to the same.
(c) Where Subscribers collaborate with one another as a result of use of this Website or the discussion groups, they do as independent contracting parties. Subscribers acknowledge that Navigate-Us will not in any way be construed as a party to such collaboration nor be liable nor responsible in any way for the dealings of such collaboration or the parties to such collaboration.
Responsibilities of Navigate-Us
(a) Navigate-Us will check the identity of Subscribers before a logon ID is given for any Subscriber participating in discussion groups on the Website. At the annual review of Subscribers Navigate-Us will reconfirm that each logon ID remains associated with a current Subscriber.
(b) Navigate-Us will manage and oversee the Website and discussion group and will appoint an Overseer for such purpose. This appointee will also be responsible for administering the Complaints and Sanctions Procedure specified in Section 4 below.
Complaints and Sanctions Procedure
(a) The Website discussion group is a self-regulatory facility for Subscribers only and any complaint by a Subscriber will, in the first instance, be referred to the Overseer who shall have all the powers of an arbiter.
(b) The Overseer will use all reasonable endeavours to deal with complaints within 10 days of receipt and where necessary, call upon evidence of the applicable Subscribers in dispute.
(c) Sanctions available to the Overseer will include (but not be limited to) the following:
(i) suspending or expelling the guilty Subscriber;
(ii) referring the matter to the appropriate law enforcement agency, where the dispute is of a criminal or illegal nature; and
(iii) referring the matter to a court of competent jurisdiction if the dispute necessitates the same (eg. requires an interdict/injunction, seizure or similar judicial measure).
Each Subscriber agrees to indemnify and keep indemnified Navigate-Us, its successors and assigns, and each of their respective directors, officers, employees and agents (collectively “Website Owners”) from and against any and all liability, damages, losses, claims (including reasonable legal fees) resulting in any way from any breach of this Code, its use of and from any material posted on this Website, to its discussion groups or from any other matter relating to its participation herein including but not limited to use of the information contained on the Website, from discussion groups or arising from any introduction or collaboration resulting therefrom or otherwise arising from using the Website.
Exclusion of Warranties and Liability
(a) The Website Owner does not warrant the content, accuracy or veracity of any Material or other information on the Website, the responsibility for which rests with each of the Subscribers in accordance with this Code.
(b) To the fullest extent permissible in law, each Subscriber accepts the Website “AS IS” and “AS AVAILABLE” with any faults or failings and without any representation, warranty or guarantee whatsoever, express or implied, including without limitation any implied warranty of accuracy, completeness, quality, merchantability, fitness for a particular purpose or non-infringement.
(c) To the fullest extent permissible in law, in no event will the Website Owner be liable for any injury, loss, claim, damages or any special, incidental, consequential, exemplary or punitive damages of any kind arising out of or in connection with any Subscriber’s access to, or use of the Website, any Material thereon or any goods, materials or services available therefrom, whether based in contract, tort and whether negligent or otherwise, even if any Website Owner has been advised of the possibility of such damages. In the event that this exclusion of liability is held by a court of competent jurisdiction to be unlawful, but that liability may be lawfully limited, the Website Owner’s aggregate total liability to any Subscriber for all such damages and losses shall be limited to the Website Subscriber fee paid by the Subscriber suffering loss during the twelve months preceding the event giving rise to liability.
All rights in the design, text, graphics and other material on the Website and the selection or arrangement thereof are the copyright of Navigate-us or other third parties. Permission is granted to electronically copy and print hard copy portions of the Website solely in connection with this Code. Any other use of materials on the Website (including reproduction for purposes other than those noted above and alteration, modification, distribution, or republication) without our prior written consent of Navigate-us, is strictly prohibited. The Subscriber hereby grants to Navigate-us a perpetual royalty-free irrevocable licence to copy and keep (either in whole or in part or in a modified or edited form) any Material that it may up-load or post to Website which is not in breach of this Code.
Term and Termination
Each Subscriber agrees to be bound by this Code (as amended from time to time) for as long as they remain a Subscriber of the Website and wishes to use the Website unless the Website Owner or the Overseer earlier terminates, suspends or otherwise limits access to the Website and/or discussion group in accordance with this Code or as it otherwise deems is appropriate.
Each Subscriber agrees that this Code and any dispute arising in any way in relation to the Website will be governed by and construed in accordance with the applicable laws of England.
(a) In the event that any provision in this Code is determined to be unenforceable or invalid, such provision shall be severed and the remaining provisions which shall be enforceable to the fullest extent permitted by law.
(b) This Code represents the entire agreement between Subscriber and the Website Owner relating to the subject matter hereof, and supersedes any prior understanding or agreements regarding the Website.
ACCEPTANCE OF THE CODE return to members registration