Conditions of Use:
Welcome to our website! HI5 and its associates provide their services to you subject to the following conditions. By using this website, you accept these conditions. Please read them carefully.
By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.
), which also governs your visit to our website, to understand our practices.
Any claim relating to Hi5's web site shall be governed by the laws of South Africa without regard to its conflict of law provisions.
When you visit HI5 or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of HI5 or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of HI5, with copyright authorship for this collection by HI5, and protected by international copyright laws.
Hi5’s trademarks and trade dress may not be used in connection with any product or service that is not Hi5’s, in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits HI5. All other trademarks not owned by HI5 or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by HI5 or its subsidiaries.
License and Site Access
HI5 grants users a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent by HI5. This license does not include any resale or commercial use of this site or its contents: any collection and use of any information, descriptions, or content: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another use: or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of HI5. You may not frame or utilise framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of HI5 and our associates without express written consent. You may not use any meta tags or any other "hidden text" utilising Hi5’s name or trademarks without the express written consent of HI5. Any unauthorized use terminates the permission or license granted by HI5. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of HI5 so long as the link does not portray HI5, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any HI5 logo or other proprietary graphic or trademark as part of the link without express written permission.
Permission is granted to temporarily download one copy of the materials (information or software) on Hi5's web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non- commercial);
- attempt to decompile or reverse engineer any software contained on Hi5's web site;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or "mirror" the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Hi5 at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
The materials on Hi5's web site are provided "as is". Hi5 makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Hi5 does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
Your Membership Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use our website only with involvement of a parent or guardian. HI5 and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
In no event shall Hi5 or its Associates be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Hi5's Internet site and App, even if Hi5 or a Hi5 authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
Reviews, Comments, Emails and Other Content
Visitors may post reviews, comments, and other content: and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. HI5 reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant HI5 and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant HI5 and its associates and sub-licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post: that the content is accurate: that use of the content you supply does not violate this policy and will not cause injury to any person or entity: and that you will indemnify HI5 or its associates for all claims resulting from content you supply. HI5 has the right but not the obligation to monitor and edit or remove any activity or content. HI5 takes no responsibility and assumes no liability for any content posted by you or any third party.
Hi5 has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Hi5 of the site. Use of any such linked web site is at the user's own risk.
Revisions and Errata
The materials appearing on Hi5's web site could include technical, typographical, or photographic errors. Hi5 does not warrant that any of the materials on its web site are accurate, complete, or current. Hi5 may make changes to the materials contained on its web site at any time without notice. Hi5 does not, however, make any commitment to update the materials.
Risk of Loss
All items used or purchased from HI5 are made pursuant to a shipment contract. This basically means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Product / Service Description
HI5 and its associates attempt to be as accurate as possible. However, HI5 does not warrant that product / service descriptions or other content of this site is accurate, complete, reliable, current, or error-free.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY THIS SITE IS PROVIDED BY HI5 ON AN "AS IS" AND "AS AVAILABLE" BASIS. HI5 MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, HI5 DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HI5 DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM HI5 ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HI5 WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
By visiting HI5, you agree that the laws of South Africa, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and HI5 or its associates.
Any dispute relating in any way to your visit to HI5 or to product / service you purchase through HI5 shall be submitted to confidential arbitration in South Africa, except that, to the extent you have in any manner violated or threatened to violate Hi5’s intellectual property rights, HI5 may seek injunctive or other appropriate relief in any court of law in South Africa, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the appropriate South African Organisation for Arbitration. The arbitrators award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
Site Policies, Modification and Severability