Terms and Conditions
Introduction
Welcome to the Spur Secret Tribe website ("the Website"), where members of the Spur Secret Tribe Club ("the Club"), can stay in touch with their friends, meet new people and hang out in a safe environment. Our Website may be accessed through the Internet and through WAP services. By using the Website and any of the services available thereon, including, without limitation the chat services available on the Website (collectively "the Services"), you accept and agree to be bound by the following terms and conditions (the 'Terms of Service'). Where applicable under law, these Terms of Service constitute a binding agreement between yourself and Spur Corporation Limited ("Spur").' Changes to Spur Secret Tribe and the Terms of Service We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Service at any time without further notice. If we do this, we will post the changes to these Terms of Service on this page and we may send Members who are registered users, an email notifying you of the change. IF ANY MODIFICATION IS UNACCEPTABLE TO A MEMBER, THAT MEMBER SHALL STOP USING THE SERVICES. A MEMBERS CONTINUED USE OF THE WEBSITE AND/OR THE SERVICES FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR WEBSITE OR RECEIVING OUR EMAIL NOTIFYING MEMBERS OF THE CHANGE WILL CONSTITUTE YOUR BINDING ACCEPTANCE OF THE CHANGE(S).

Eligibility and Registration
IN ORDER TO CREATE AN ACCOUNT ON THIS WEBSITE AND/OR TO USE THE SERVICES, YOU MUST BE A MEMBER OF THE CLUB AND MUST HAVE YOUR MEMBERSHIP NUMBER HANDY (if you are not a member of the Club and would like to join, ask your parents/ guardian to take you your nearest Spur restaurant to sign you up). ONCE YOU ARE A MEMBER OF THE CLUB, YOU CAN THEN CREATE AN ACCOUNT ("Account") ON THE WEBSITE AND USE THE SERVICES IF YOUR PARENT/GUARDIAN HAS CONSENTED AND AGREED THERETO, YOUR PARENT/GUARDIAN MUST ASSIST YOU IN CREATING YOUR ACCOUNT AND BY REGISTERING ON THE WEBSITE AND USING THE SERVICES YOU WARRANT THAT YOU HAVE BEEN DULY ASSISTED BY YOUR PARENT/GUARDIAN. IF THERE IS ANYTHING IN THESE TERMS OF SERVICE THAT YOU DON’T UNDERSTAND OR ARE NOT SURE OF, ASK YOUR PARENT/GUARDIAN TO EXPLAIN IT TO YOU. SPUR WILL FORWARD A COPY OF THESE TERMS AND CONDITIONS TO YOUR PARENT/GUARDIAN, TOGETHER WITH CONFIRMATION THAT YOU HAVE REPRESENTED THAT THEY HAVE ASSISTED YOU AND CONSENTED TO YOUR REGISTRATION ON THE WEBSITE AND YOUR USE OF THE SERVICES, TO THE ADDRESS NOMINATED BY YOU ON THE REGISTRATION PAGE OF THE WEBSITE. IF YOUR PARENTS/GUARDIANS AGREE TO YOUR USE OF THE WEBSITE AND/OR THE SERVICES, YOUR PARENT/GUARDIAN AGREES THAT YOUR USE OF THE SECRET TRIBE SERVICE IS ENTIRELY AT YOUR OWN RISK.

Your membership number can be found on your Club membership card ("hereinafter referred to as the "Totem Card") which is issued by and remains the property of Spur. Spur reserves the right to decline, issue and withdraw the Totem Card and membership at any time. Should Spur withdraw your membership, should you no longer qualify to be a member of the Club or should your parent/guardian withdraw (on written notice to Spur) his/her consent to your use of the Website and/or the Services, your right to access the Website and the Services will be automatically terminated.

All members of the Club must be resident in territories forming part of the Common Monetary Area.

Spur shall be entitled to sell, cede, assign, delegate or in any way alienate or dispose of any or all of its rights and obligations pertaining to the Club (including in respect of the Website or the Services) without your prior approval. Any abuse of the Club or the Totem Card whatsoever constitutes a criminal offence and Spur reserves the right to cancel such Member's membership and your access to the Website and the Services. You must be 12 years or younger to participate in the Club, create your Account or use the Services . By registering for the Club creating an Account, you represent and warrant that you are 12 years or younger, that your parent/guardian has agreed to you creating your Account and using the Services and that they have explained the content of these Terms of Service to you and that you have understood same and agree to and comply with these Terms of Service. Member's must provide and parents and/or legal guardians must ensure that all required information supplied on registration is true, accurate and complete in all aspects. As part of the registration process, Members will be asked to input their Club membership number, select a username and password (collectively "the Account Login Information"). The Member is responsible for maintaining the confidentiality of the Account Login Information and will be fully responsible for all activities occurring under their Account. You agree to (a) immediately notify Spur of any unauthorised use of your account or Account Login Information or any other breach of security, and (b) ensure that you exit from your Account at the end of each session. Spur cannot and will not be liable for any loss or damage arising from your failure to comply with these Terms of Service. Spur may refuse to grant a username that impersonates someone else, is or may be protected by trademark or proprietary rights law, or is vulgar, offensive or otherwise inappropriate, as determined by us in our sole discretion.

Member Conduct and Appropriate Content
The Club is made available for your personal, non-commercial use only. You may not use the Club for any illegal or unauthorized purpose. You are solely responsible for your conduct and any data, text, information, graphics, photos, profiles, audio and video clips, links and other content ('Materials') that you submit, post, and/or display on this Website.

We may, but shall have no obligation to, remove Materials that we determine in our sole discretion are unlawful, fraudulent, threatening, libelous, defamatory, obscene or otherwise objectionable, or infringes or violates any party's intellectual property or other proprietary rights or these Terms of Service. Spur does not control the Material posted via the Website or the Services and, as such under no circumstances does Spur have any obligation to check the accuracy or truthfulness of the any Materials, nor to monitor any Member's use of the Spur Service and does not guarantee the accuracy, integrity or quality of such Materials. You understand that by using the Website or the Service you may be exposed to Material that is unlawful, fraudulent, threatening, defamatory, obscene or otherwise objectionable, or infringes or violates any party's intellectual property or other proprietary rights or these Terms of Service. Under no circumstances wil Spur be liable in any way for any Material, including, but not limited to any errors or omissions in any Materials, or any loss or damage of any kind incurred as a result of the use of any Material posted, e-mailed, transmitted or otherwise made available via the Services and/or the Website.

CONDITIONS FOR USE
You agree to abide by all applicable local, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account including the content of your transmissions through the Services. By way of example, and not as a limitation, you agree and your parent/guardian agrees to ensure that you do not : Proprietary Rights
Spur does not claim any ownership rights in any Materials that you submit, post, or display on or through our Services or on the Spur.co.za website. After submitting, posting or displaying Materials on or through the Website and/or the Services or on the Spur.co.za website, you continue to retain all ownership rights in such Materials, and you continue to have the right to use your Materials in any way you choose. By submitting, posting or displaying any Materials on or through our Services, you hereby grant to Spur a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Materials solely on and through the Website and/or the Services. Without this license, we would be unable to provide the Services. For example, without the right to modify your Materials, Spur would not be able to digitally compress music files that you or other Members submit or otherwise format Materials to satisfy technical requirements, and without the right to publicly perform Materials, Spur could not allow users and Members to listen to music posted by Members. The license you grant to Spurs non-exclusive (meaning you are free to license your Materials to anyone else in addition to Spur), fully-paid and royalty-free (meaning that Spur is not required to pay you for the use on the Website and/or the Services of the Materials that you post), sub licensable (so that Spur is able to use its affiliates and subcontractors such as Internet and WAP content delivery networks to provide the Services), and worldwide (because the Internet and the Services are global in reach). This license will terminate at the time you remove your Materials from the Services, except that you agree that the license will continue solely with respect to other Members' continued use of your Materials that are not music or videos (i.e. photos or skins); provided, however if you remove any of the Materials from the Website and/or the Services, Spur reserves the right to remove all of your Materials from other Member's pages. The license does not grant Spur the right to sell your Materials, nor does the license grant Spur the right to distribute your Materials outside of the Website and/or the Services. You represent and warrant that: (i) you own the Materials posted by you on or through the Website and/or the Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Materials on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Materials posted by you to or through the Website and/or the Services. Spur Corporation and its affiliates and licensors own and retain all rights in the Secret Tribe website and Club, which contain proprietary and confidential information that is protected by applicable intellectual property and other laws, including without limitation all (1) text, (2) software, (3) photographs, (4) graphics, (5) page layout, and (6) design presented through and as part of the Services by Secret Tribe. Except as expressly authorized by Secret Tribe, you may not copy, modify, publish, transmit, distribute, perform, display or sell any of Secret Tribe's proprietary information.

Copyright Policy
You may not post, modify, distribute, or reproduce in any way any copyright material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. Spur respects the intellectual property rights of others and will terminate any user's access to the website according to these terms of use if Spur is notified that such user's activities infringe the rights of third parties on more than one occasion. If you believe that your work (or the work of a third party on whose behalf you are entitled to act) has been copied in a way that constitutes copyright infringement, please file a copyright infringement notification (Notice) with us, by sending a written communication which should include the following information, in the same order as is set out in (i) to (x) below:

(i) statement that you have identified material on the Spur Secret Tribe website which infringes your copyright (or infringes the copyright of a third party on whose behalf you are entitled to act, if applicable); (ii) a description of the copyrighted work that you claim has been infringed, which should include the type of work (such as a book or a sound recording) and any relevant further details (such as the title and date of publication, as applicable); (iii) the country or countries to which your copyright applies; (iv) a description of the way in which the copyright material has been infringed; (v) a description of where the material that you claim is infringing is located on the Spur Secret Tribe web site (including a URL and/or screen shot); (vi) your address, telephone number, and email address so that we may get in contact with you; (vii) the contact details that you would like us to provide to the alleged infringer so that they may contact you directly, in order to attempt to resolve the complaint; (viii) a statement by you that you have a good faith belief that the disputed use of the copyright work is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law; (ix) a statement by you, made under penalty of perjury, that the above information in the Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf and (x) an electronic or physical signature (which may be a scanned copy) of the copyright owner. Once you have completed the Notice, having included all of the information set out above, please send it to:

Beverley Cornwell
Fax: (021) 700-4547
Email: bevc@spur.co.za


If you are unsure as to your rights in respect of your copyright material, or whether there has been an infringement of your rights, we suggest that you take legal advice before sending a Notice to us. This 'notice and takedown' process is regulated by statute. There may be negative consequences if you falsely allege copyright infringement or send a Notice to Spur in bad faith. If you believe that any material that you have uploaded on to the Spur Secret Tribe website has been removed in error, or that the content in question does not infringe the copyright of any third party, you may file a counter-notice (' Counter-Notice') with us, by sending a written communication which should include the following information, in the same order as is set out in (i) to (iv) below: (i) specific details of the material that has been removed or to which Spur has disabled access and the accompanying location of such material; (ii) your name, address, telephone number, email address and a statement that you will accept service from the person (or an authorized representative of such person) who provided Spur with the complaint in question; (iii) a statement by you that you believe (acting in good faith) that the material identified above was removed as a result of a mistake or incorrect identification of the material to be removed and (iv) an electronic or physical copy of your signature (which may be a scanned copy). Once you have completed the Counter-Notice, having included all of the information set out above, please send it to:
Beverley Cornwell
Fax: (021) 700-4547 Email: bevc@spur.co.za
If you are unsure as to your rights in respect of your material, or whether there has been an infringement of copyright, we suggest that you take legal advice before sending a Counter-Notice to Spur. This 'notice and takedown' process is regulated by statute. There may be negative consequences if you make false allegations or send a Counter-Notice to Spur in bad faith.

Privacy Policy
Your attention is drawn to our Privacy Policy, the content of which shall be deemed to be incorporated herein by reference and form part of these Terms of Service.

Internet/WAP Access
Spur shall not be responsible for any connection or access to the Website by you or the quality of the transmission of any information passing between you and the website. They will be responsible for providing their own communications equipment to access our website via the Internet or WAP service, and the Internet/WAP access charges thereon. You recognize that Spur shall not be responsible for any reduced functionality resulting from, or in connection with, their use of the Website and/or the Services via WAP.

Termination of the Services
These Terms of Service will apply to the use of the Website and/or the Services. At any time, they can terminate their account which will remove your profile and other personal information from view. To cancel your account please call Spur customer care, 086000 7787, or email customer-care@spur.co.za. We may terminate their membership immediately at any time, for any reason. Once the membership terminates, they will have no right to use the Services and/or the Website. Our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions shall survive any termination of their membership. Spur may also, in its sole discretion and at any time, discontinue temporarily or permanently providing the Website and/or the Services, or any part thereof, with or without notice. You agree that any termination of access to the Website and/or the Services under any provision of the Terms of Service may be effected without notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in their account and/or bar any further access to such files or the Website and/or the Services. Where possible, Spur will use reasonable efforts to give Members fair notice of termination or suspension of their access to the Services. Further you agree that Spur shall not be liable to you or any third party for any termination or suspension of access to the Services or modification of the Services.

Disclaimer of Warranties
Spur and its subsidiaries, affiliates, licensors, franchisees, partners, members, suppliers, employees, consultants and agents disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or Materials displayed on the Website and/or the Services. The Website is supplied on an "as is" and "as available" basis and Spur further expressly disclaims (1) that the Website and/or the Services will meet your requirements and will be uninterrupted, error-free, timely, or secure, (2) that defects or errors will be corrected, (3) that the Website and/or the Services or the server that makes it available are free of viruses or other harmful components, and (4) that the use of or the results of the use of the Website and/or the Services or the content made available as part of the Website and/or the Services will be correct, accurate, timely, or otherwise reliable. Spur expressly disclaims any and all responsibility and liability for the conduct of any other Member, and expressly disclaims that the content and Materials of the Website and/or the Services input by other Members is correct or accurate. Indemnity
You agree to hold harmless and indemnify, and at Spur’s request defend, Spur, its parents, subsidiaries, and affiliates, and their respective owners, officers, managers, members, agents, and employees, from and against any third party claim arising from or in any way related to your use of or conduct on the Website and/or the Services, including any liability or expense arising from all claims, liabilities, losses, damages (actual and consequential), suits, judgments, litigation costs, expenses, and attorneys' fees, of every kind and nature. In such a case, Spur will provide you with written notice of such claim, suit or action.

Limitation of Liability
YOUR USE OF THE WEBSITE AND/OR THE SERVICES IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES WILL SPUR, ITS PARENTS, SUBSIDIARIES, LICENSORS, FRANCHISEES, PARTNERS, MEMBERS, SUPPLIERS AND AFFILIATES, AND THEIR RESPECTIVE OWNERS, OFFICERS, MANAGERS, MEMBERS, AGENTS, AND EMPLOYEES, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES), WHETHER BASED IN CONTRACT, DELICT, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH USE OF, OR INABILITY TO USE, THE WEBSITE AND/OR THE SERVICES OR THE UNAUTHORISED ACCESS OF YOUR ACCOUNT BY ANY THIRD PARTY, WHETHER OR NOT SPUR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. SUCH LIMITATION OF LIABILITY SHALL APPLY (I) WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE WEBSITE AND/OR THE SERVICES, FROM INABILITY TO USE THE SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), AND (II) NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. IF YOU ARE DISSATISFIED WITH THE SERVICES OR ANY PART OF THE SERVICES YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE AND/OR THE SERVICES.

Notices
Spur may provide you with notices regarding the Website and/or the Services or these Terms of Service by regular mail, email, or postings to this website.

Legal Compliance
You shall comply with all applicable domestic and international laws, statutes, ordinances, regulations, contracts and applicable licenses regarding your use of the Website and/or the Services.

General
These Terms of Service contains the entire agreement between you and Spur in relation to these presents and governs your use of the Website and/or the Services and Spur shall not be bound by any undertakings, representations, warranties, promises, terms or conditions or the like not recorded herein. No variation of any of the terms hereof shall be of any force or effect unless reduced to writing and signed by Spur. Any leniency or extension of time which may be granted to you by Spur or any other indulgence of concession which may be shown or granted to you by Spur shall not prejudice any of Spur's rights in any way, nor shall the same constitute a novation of this contract or a waiver of any of Spur's rights.