Terms of service

Thank you for visiting this website. Please read these Terms and Conditions ("Terms") carefully before using this site.

These Terms apply to the entire contents of this website, to any downloaded or streamed content and to any correspondence by e-mail between us and you.

1. User agreement

1.1. If you do not agree to be bound by these Terms, please do not access or use this website. You must read, agree with and accept all of the Terms contained in this document which includes those expressly set out below and those incorporated by reference, before you may make use of the website and related services.

1.2. If you use the website (including downloading or streaming from the website) you will be bound by these Terms whether or not you have registered with us, and they will form a contract between you and us.

2. Definitions

2.1. Reference in these Terms to "we", "our" or "us" means Rhodes University, and "you" or "your" means any person or entity using the website and related services.

3. Accessing and Using the website

3.1. You agree to only use the website in a manner that complies with all applicable laws and regulations and is consistent with the Terms and does not infringe the rights of anyone else, nor restrict or inhibit their use and enjoyment of the website (including, without limitation, by hacking).

3.2. We reserve the right in our sole discretion to deny any user access to the website or any part of it without prior notice.

4. Trademarks, Intellectual Property Rights and Copyright

4.1. The Fishtory and Rhodes Unviersity logo and all artwork on this website is artistic work protected within the law.

4.2. You may not use any of Fishtory or Rhodes University trademarks in any way without our express prior written permission, and then only in ways contractually agreed to.

4.3. Our trademarks and any other programme, initiative or product name that we may present on the website from time to time may not be used in connection with any product or service that is not our’s nor in any manner that is likely to cause confusion, or in any way that may disparage or discredit Fishtory or Rhodes University.

4.4. Other logos and names used on the website may also be the trade marks of our FishforLife partners. No permission is given by us in respect of the use of any such trade marks, names or logos and such use may constitute an infringement of the holder's rights.

4.5. You acknowledge that all copyright, trade marks and other intellectual property rights in the website and all photographs, designs, images, text, software, data, audio, video, files and other material in the website or material generated by or transmitted from the website ("Fishtory Material") are owned by us or our licensors.

4.6. Provided you use the website and our materials in accordance with these Terms you are permitted to copy content, print, download and receive extracts of our materials ("Extracts") ONLY for your personal noncommercial use and for private study or teaching purposes, provided in each case that:

4.6.1. copyright and source indications are also printed and copied and/or stored in association with the Extracts;

4.6.2. no modifications are made to the Extracts and Extracts are not used as part of any other publication or derivative work; and

4.6.3. any Extract is retained, printed and/or copied entirely and is not used in a derogatory or misleading context and in particular may not be used for the purpose of promoting, advertising, endorsing or implying a connection with you (or any third party) and Rhodes University, its agents or employees.

4.7. The rights in term 6.6 are not transferable and no other use of our materials may be made without first obtaining our express prior written permission. In particular, you may not do the following unless you have first obtained our written permission:

4.7.1. incorporate our materials in any other work, broadcast or publication, whether in hard copy or electronic form; or

4.7.2. make any commercial use or publish our materials (other than as necessary for the purpose of viewing or listening to the website in the course of business); or

4.7.3. perform, broadcast or otherwise transmit, post, share or make available to the public our materials.

4.8. If you wish to use our materials other than in accordance with Terms 6.6 and 6.7 above please request permission from the Department of Ichthyology and Fisheries Science, Rhodes University. Enquiries and permission requests may be sent to fishtory@fishforlife.co.za.

4.9. The photographic, text, graphic images, audio and video material within any products or publications supplied to you are copyright works and none of them may be copied, reproduced, licensed, broadcast, transmitted or otherwise exploited. Should you require a copy, please contact us at fishtory@fishforlife.co.za.

4.10. Any rights not expressly granted in these terms are reserved.

4.11. We may terminate your rights to use or receive Extracts at any time at our complete discretion.

5. Links

5.1. You may provide links on your website directing visitors to our websites subject to the following conditions:

5.1.1. That you inform us of such link at fishtory@fishforlife.co.za.

5.1.2. You may only use text links to our site on your website. The linking text must simply consist of the website address. You may not use a graphic image or image related text unless you have a current written agreement with us to that effect. We reserve all of our rights in the graphic image and text, any other images, our trademarks and all other intellectual property rights.

5.1.3. You do not replicate our home page, site contents or design.

5.1.4. You do not remove, distort or otherwise alter the size or appearance of any logos on the website;

5.1.5. You do not in any way imply that Fishtory and/or Rhodes University is endorsing any products or services;

5.1.6. You do not misrepresent your relationship with Fishtory and/or Rhodes University nor present any other false information about it;

5.1.7. You do not otherwise use any Fishtory and/or Rhodes University trade marks displayed on our websites without our express prior written permission;

5.1.8. You do not link from a website that is not owned by you; and

5.1.9. Your website does not contain content that is distasteful, pornographic, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.

5.2. At any time and at our complete discretion we reserve the right to withdraw the permission to make website links to our websites.

5.3. Our websites may contain links to third party websites and in particular, links to third party websites may be contained in user Contributions. Such links are provided for your convenience only. We do not necessarily control such websites and are not responsible for their contents. The mere inclusion of such links does not imply any endorsement of the material on those websites or any association with their operators. If you decide to access any of the third party websites linked to from this website, you do so entirely at your own risk. We cannot guarantee that these links will work all the time and we have no control over the availability of the linked pages.

5.4. Extra care should be taken when using links contained in user Contributions. We do not check these links and are not responsible for them. If you are not familiar with the website linked to, it is safer not to use the link.

6. Advertisers and Sponsors

6.1. We may from time to time allow companies to advertise goods and services on our websites. While we will not knowingly run an advert that is untrue, or which relates to goods or services contrary to our objects, the appearance of an advert does not mean that we endorse the advertiser's goods or services. We are not responsible for the accuracy of any advertising material or for any advertised product or service.

7. Waiver

7.1. If you breach these Terms and we take no action, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach these Terms.

8. Disclaimers

8.1. The information provided in our websites is intended to provide general information only and, as such, should not be considered as a substitute for advice covering any specific situation. We do not check and are not responsible for the accuracy, completeness or truth of Contributions to the websites. You understand and acknowledge that all Contributions are the sole responsibility of the person who submitted the Contribution to the website. Users should seek appropriate advice before taking or refraining from taking any action in reliance on any information contained in our web websites. The material on this website is provided 'as is', without any conditions, warranties or other Terms of any kind.

8.2. You should exercise no lesser degree of caution in appraising what you see on the website than you do offline. Even though contributors to our discussion websites are prohibited from doing so, people may provide information, or otherwise behave, in a way that is unreliable, misleading or even illegal. You should also note that people may not necessarily be who they say they are. Your use of the website is entirely at your own risk.

8.3. You may not access the website from countries where its contents are illegal or unlawful. If you do access the website from locations outside the Republic of South Africa, you do so on your own initiative and are responsible for compliance with local laws.

8.4. We do not warrant that the functions contained in the website will be uninterrupted or error free, that defects will be corrected, or that the website or the server that makes it available is free of viruses or bugs or represents full functionality, accuracy or reliability of the materials.

8.5. Nothing in this disclaimer applies to any products which you purchase directly from Rhodes University. Where links are provided to products on a third party website, Rhodes Unviversity cannot ensure that purchasers will be satisfied with any products or services that are bought from that third-party website and any complaints about the performance or otherwise of the product should be taken up with the manufacturer or retailer direct. Except for products expressly sold by Rhodes University, the inclusion of a company's product on a Rhodes University website does not represent any endorsement or warranty of that product by Rhodes University.

8.6. Rhodes University does not make any representations or warranties as to the security of any information (including, without limitation, credit or debit card and other personal information) that purchasers might be requested to give to any third-party, and purchasers hereby irrevocably waive any claim against Rhodes University with respect to such websites and third-party content. Rhodes University strongly encourages you to make whatever investigations are necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

9. Liability

9.1. We do not limit in any way our liability by law for fraud or death or personal injury caused by our negligence or breach of statutory duty or any other liability which cannot be excluded or limited under applicable law.

9.2. Subject to clause 9.1, you agree that we will not be liable for:

9.2.1. Any loss, disruption or damage to your data or your computer system; or

9.2.2. Any other loss or damages whatsoever (including, but not limited to, loss of profit or loss of use, direct, indirect or incidental loss) arising out of your use or inability to use our websites (including downloading or streaming from the website), their content, any information on or from the

websites or any link to another website and whether such loss or damage arises in contract, tort (including negligence) or otherwise.

10. Severability

10.1. If any one or more of the provisions of this agreement is held to be invalid, illegal or unenforceable in any respect by a court of competent jurisdiction, then the remaining provisions will nevertheless remain in full force and effect.

11. Events Beyond our Control

11.1. We will not be liable to you for any delay in delivering any services or order or breach of our obligations, if the delay or breach is due to acts of God, civil commotion, riots, malicious damage, floods, drought, fire, legislation, failure of ISP or telecommunications provider or other cause beyond our reasonable control. This does not affect your statutory rights.

12. Law, Courts and Language

12.1. These Terms, use of our websites and the supply of products and services by us are governed by and to be interpreted in accordance with South African law.

12.2. In the event of any dispute arising in relation to these Terms, use of our websites or in relation to the supply of any products or services by us the South African courts will have jurisdiction over the dispute.

12.3. These Terms and this website are provided in the English language only.

13. Your privacy (Privacy Statement)

13.1. We value and respect individuals’ rights to privacy. If our privacy policy changes, we will post these changes prominently and immediately. Your continued use of this site following the advice of any of changes to this policy will mean you accept those changes.

14. Our commitment and philosophy

14.1. We value and respect the right to privacy of all individuals and organisations.

14.2. We do not collect any personal information about our supporters and web visitors, except that which is knowingly and specifically supplied.

14.3. We are committed to ensuring the privacy of your personal information.

14.4. We comply with the Intellectual Property laws of the Republic of South Africa.

15. What personal information do we collect?

15.1. Personal information

15.1.1. Information such as name, address, telephone number, and e-mail address details you provide is collected in connection with specific activities which may include donations, campaigns, feedback, surveys, e-mail bulletins and petitions.

15.2. Non-personal information

15.2.1. We collect web usage data like numbers and frequency of visitors, pages accessed and files downloaded. This helps us determine how much our visitors use parts of the site, how many people visit on a regular basis and the usefulness of our pages. This information doesn't tell us anything about who you are or where you live - it simply allows us to monitor the effectiveness of our website.

16. Why do we collect personal information?

16.1. You do not have to disclose any personal information to us, but we do need certain information in order to provide specific services or information to you. Personal details will be used for the purpose for which it is collected (e.g. processing a donation, completing a merchandise order) and/or to provide you with Fishtory, FishforLife and/or Rhodes University correspondence. We may also use this information to keep you up to date about changes to our website or activities.

17. Where is the information held?

17.1. Personal information submitted through the forms on this website (or mailed or faxed to us) is held in our databases in Grahamstown.

18. Your right to access your information

18.1. At any time you can ask us for a copy of the personal information we have on file about you, or request a correction or deletion of information.

19. Your comments

19.1. We value comments received from visitors to our site. However, you agree not to transmit any material that is unlawful or harmful, defamatory, abusive, threatening, vulgar or obscene. You remain liable to any third party for your comments, and we not liable to any third party regarding the content of your comments.

20. Information for under 18's

20.1. If you are under 18, be sure to obtain your parent's or guardian's permission before you send any information about yourself (your name, address, e-mail address, etc.) to us or anyone else over the Internet. We encourage parents to get involved with their children's usage of the Internet, and to be aware of the activities in which they are participating.

21. Who we are / Information about the website owner

21.1. Access and use of this website is provided by Rhodes University.

22. Posting Comments

22.1 Registered users are able to post comments on photos posted by other users. We encourage users to use constructive and respectful language. Comments are moderated by the site administrator and we reserve the right to remove any comments that we consider to be offensive, objectionable or otherwise unsuitable and will not enter into unreasonable discussion.

23. Sharing Images

23. 1 By uploading images, you agree to the following:

a) You own the image content or have permission from the owner to use it.

b) The image, content and information provided remains yours but you provide Rhodes University with non-exclusive, transferable licence to the material. This means that the image may be made publicly viewable on the website and will be used in related publications and for research purposes.

c) You can select to upload photos but keep the image private. If you select this option, you agree to Rhodes University using the photo for analysis purposes but the image will not be made public on the Fishtory website or in any of its publications without your permission.

d) You agree to the Rhodes University doing basic adjustments to the photo to make it suitable for viewing on the site or in our publications (for example, simple cropping or lightening).

24. Contact details

24.1. For any purposes related to these Terms, including permission requests, please contact: Dr Warren Potts at +2746 603 8483 or fishtory@fishforlife.co.za.

25. Changes

25.1. We may change these Terms at any time, in which case the amended Terms will be posted on the website and will apply from the date we post them. Please check these Terms on each occasion you use the website. If you continue to use the website you will be bound by the latest Terms.

25.2. The format and content of the website changes constantly. You should refresh your browser each time you visit the website to ensure that you access the most up to date version.

25.3. This document was last updated on 19 January 2016.