Terms and Conditions

Other than the content owned by The Shay Way, such content owned by third parties (Video and Images), under these Terms, and/or its licensors own all the intellectual property rights and materials contained in this Website.

You are granted limited license only for purposes of viewing the material contained on this Website.

3.1  You may:

• view pages from our website in a web browser;
• download pages from our website for caching in a web browser;
• print pages from our website; and
• stream audio and video files from our website,

subject to the other provisions of these terms and conditions.

3.2  Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.

3.3  You may only use our website for your own personal and business purposes, and you must not use our website for any other purposes.

3.4  Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.

3.5  Unless you own or control the relevant rights in the material, you must not:

• republish material from our website (including republication on another website);
• sell, rent or sub-license material from our website;
• show any material from our website in public;
• exploit material from our website for a commercial purpose; or
• redistribute material from our website, save to the extent expressly permitted by these terms and conditions.

3.6  We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

4.1  The Shay Way may from time to time make available on the website downloadable content (such as newsletters, brochures, white papers and technical specifications).

4.2  In addition to the rights granted under Section 3.1 above, you may redistribute print and electronic copies of downloadable content within your business, organisation, company or group of companies, providing that copies of downloadable content must not be edited or amended in any way and must retain:

• the name of our company;
• any disclaimers, copyright notices and other legal notices; and
• any authorial credits.

5.1  You must not:

• use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
• use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
• use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
• conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
• access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing; or
• use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

5.2  You must not use data collected from our website to contact individuals, companies or other persons or entities.

5.3  You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.

6.1  This Section 6 governs all testimonials relating to our business that you send to us, whether through our website, by email or otherwise.

6.2  The licensing of testimonials shall be governed by this Section 6, and Section 7 shall not apply to testimonials.

6.3  You grant to us an exclusive, worldwide, royalty-free licence to:

• edit your testimonials, providing that such editing shall not materially distort the meaning of any testimonial;
• publish your testimonials on our website and in such other print and electronic media as we may determine from time to time; and
• publish, together with each testimonial, the name and logo of the business and the name and job title of the person giving the testimonial.

6.4  You grant to us the right to sub-license the rights licensed under Section 6.3.

6.5  You grant to us the right to bring an action for infringement of the rights licensed in Section 6.3.

7.1  In these terms and conditions, “your content” means all works and materials (including without limitation text, graphics, images, audio
material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.

7.2  You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media.

7.3  You grant to us the right to sub-license the rights licensed under Section 7.2.

7.4  You grant to us the right to bring an action for infringement of the rights licensed under Section 7.2.

7.5  You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.

7.6  Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.

This Website is provided “as is,” with all faults, and express no representations or warranties, of any kind related to this Website or the materials contained on this Website. Also, nothing contained on this Website shall be interpreted as advising you.

In no event shall , nor any of its officers, directors and employees, shall be held liable for anything arising out of or in any way connected with your use of this Website whether such liability is under contract. , including its officers, directors and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.

You hereby indemnify to the fullest extent from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms.

If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.

The Shay Way is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review these Terms on a regular basis.

The Shay Way is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

These Terms constitute the entire agreement between and you in relation to your use of this Website, and supersede all prior agreements and understandings.

These Terms will be governed by and interpreted in accordance with the laws of South Africa , and you submit to the non-exclusive jurisdiction of the courts located in for the resolution of any disputes.