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Crossways Church Website Terms of Use
1. Website terms and conditions of use
1.1. This document sets out the terms and conditions (“Terms“) of Crossways Church situated
at The Village Centre, Crossways, East Coast Resorts, East London, South Africa, pertaining to
the access and use of the information, products, services and functions provided on
www.crosswayscf.co.za (“Website“).
1.2. Should any person that accesses the Website you (“you” or “user“) disagree with any of the
Terms, you must refrain from accessing the Website and/or using our services.
1.3. If you are under the age of 18, you must obtain your parents’ or legal guardians’ advance
authorization, permission and consent to be bound by these Terms before purchasing any
products or services.
1.4. Crossways Church reserves the right, in its sole discretion, to amend and/or replace any of,
or the whole of, the Terms. Such amendments shall supersede and replace any previous Terms
and shall be made available on the Website. Each time a user accesses the Website and/or
uses the services, the user shall be deemed to have consented, by such access and/or use, to
the Terms, as amended and/or replaced by Crossways Church from time to time. If you are not
satisfied with the amended Terms, you should refrain from using the Website.
1.5. We will however give you prior notice where we have collected personal information from
you and the purpose for which we collected that information, is affected by the intended
amendment.
1.6. If there is anything in these Terms that you do not understand then please contact us as
soon as possible – see clause 12 below for contact details. Please note that calls to us may be
monitored for training, security and quality assurance purposes.
2. Content of the website
2.1. Crossways Church reserves the right to make improvements, to change or to discontinue,
without notice, any resource, aspect or feature of the Website and any information or content on
the Website.
2.2. Crossways Church may use the services of third parties to provide information on the
Website. Crossways Church has no control over this information and makes no representations
or warranties of any nature as to its accuracy, appropriateness or correctness. The user agrees
that such information is provided “as is” and that Crossways Church and its online partners shall
not be liable for any losses or damages that may arise from the user’s reliance on it, howsoever
these may arise.
2.3. Crossways Church makes no representations or warranties, whether express or implied, as
to the accuracy, completeness or reliability of any information, data and/or content on the
Website, including without limitation:
2.3.1. Crossways Church does not warrant that the Website or information or downloads shall
be error-free or that they shall meet any particular criteria of performance or quality. Crossways
Church expressly disclaims all implied warranties, including without limitation, warranties of
merchantability, fitness for a particular purpose, non-infringement, compatibility, security and
accuracy;
2.3.2. whilst Crossways Church has taken reasonable measures to ensure the integrity of the
Website and its contents, no warranty, whether express or implied, is given that any files,
downloads or applications available via this Website are free of viruses, or any other data or
code which has the ability to corrupt, damage or affect the operation of the user’s system; and
2.3.3. Crossways Church disclaims any responsibility for the verification of any claims.
Information published on this Website may be done so in the format in which Crossways Church
receives it and statements from external parties are accepted as fact.
3. Linked third party websites and third party content
3.1. Crossways Church may provide links to third party websites on the Website. These links
are provided to the user for convenience purposes only and Crossways Church does not
endorse, nor does the inclusion of any link imply Crossways Church‘s endorsement of, such
websites, their owners, licensees or administrators or such websites’ content or security
practices and operations.
3.2. While Crossways Church tries to provide links only to reputable websites or online partners,
Crossways Church cannot accept responsibility or liability for the information provided on other
websites. Linked websites or pages are not under, nor subject to, the control of Crossways
Church . Crossways Church is not responsible for and gives no warranties or makes any
representations in respect of the privacy policies or practices of linked or any third party or
advertised websites on the Website.
3.3. You agree that Crossways Church shall not be held liable, directly or indirectly, in any way
for the content, the use or inability to use or access any linked website or any link(s) contained
in a linked website, nor for any loss or damage of any sort incurred as a result of any dealings
with, or as the result of the presence of such third party linked websites on the Website. Any
dealings that you may have with any linked websites, including advertisers, found on the
Website, are solely between you and the third party website.
4. Usage restrictions
The user hereby agrees that it shall not itself, nor through a third party:
4.1. copy, disseminate, reproduce, translate, adapt, vary, modify, lease, licence, sub-licence,
encumber or in any other way deal with any part of the Website for any reason and in any
manner, unless it is consistent with the intent and purpose of these Terms;
4.2. decompile, disassemble or reverse engineer any portion of the Website;
4.3. write and/or develop any derivative of the Website or any other software program or
document or teaching based on the Website;
4.4. modify or enhance the Website. In the event of a user effecting any modifications or
enhancements to the Website in breach of this clause, such modifications and enhancements
shall be the property of Crossways Church
4.5. without Crossways Church‘s prior written consent, provide, disclose, divulge or make
available to or permit the use of or give access to the Website by persons other than the user;
4.6. remove any identification, trademark, copyright or other notices from the Website;
4.7. post or transmit, by means of reviews, comments, suggestions, ideas, questions or other
information through the Website, any content which is unlawful, harmful, threatening, abusive,
harassing, defamatory, vulgar, obscene, sexually-explicit, profane or hateful, or racially,
ethnically or otherwise objectionable content of any kind; and/or
4.8. notwithstanding anything contained to the contrary in these Terms, use the Website for any
purpose other than personal, non-commercial and information purposes.
5. Security
5.1. In order to ensure the security and reliable operation of the services to all Crossways
Church‘s users, Crossways Church hereby reserves the right to take whatever action it may
deem necessary to preserve the security, integrity and reliability of its network and back-office
applications.
5.2. You may not utilise the Website in any manner which may compromise the security of
Crossways Church‘s networks or tamper with the Website in any manner whatsoever, which
shall include without limitation, gaining or attempting to gain unauthorised access to the
Website, or delivering or attempting to deliver any unauthorised, damaging or malicious code to
the Website, all of which is expressly prohibited. Any person or entity which does so, or attempts
to do so, shall be held criminally liable. Further, should Crossways Church suffer any damage or
loss, civil damages may be claimed by Crossways Church against the user.
5.3. Any user who commits any of the offences detailed in Chapter 13 of the Electronic
Communications and Transactions Act 25 of 2002 (“ECTA“) (specifically sections 85 to 88
(inclusive)) may, notwithstanding criminal prosecution, be liable for all resulting liability, loss or
damages suffered and/or incurred by Crossways Church and its affiliates, agents and/or
partners.
5.4. We have security policies and procedures in place to protect the Personal Information that
we store and to stop unauthorised access thereto and use thereof. Should we become aware of
a breach of our security safeguards that affect your Personal Information we will notify you
thereof as soon as reasonably practical, if you are a Registered User and where we have your
contact details to do so.
6. MEDIA CONSENT
6.1. By attending Crossways Church events including that of our affiliates, photos, audio
recordings and/or videos (the “Media Content”) may be taken of you and/or your children. This
Media Content may be used by Crossways Church or its affiliates in our publications (sound,
audio, video or photos). For this purpose, YOU HEREBY GIVE YOUR CONSENT THAT WE
MAY USE AND PUBLICISE SUCH MEDIA CONTENT (including image, likeness, appearance
and voice) of you/your family forever and without revoking this consent and without
compensation. You/your family acknowledge that you are fully aware of the contents of this
release and are under no disability, duress, or undue influence. Should any Media Content be
objectionable to you, please don’t hesitate to contact us should we be able to minimise the
effects of that particular use or publication, at our contact details in Clause 12, or if you require
that you or someone in your family be excluded from this release please let us know within 10
working days of becoming aware of it.
7. Intellectual property rights
7.1. For the purpose of this clause, the following words shall have the following meanings
ascribed to them:
7.1.1. “Intellectual property rights” means all and any of the rights in and to intellectual
property of any nature whatsoever owned and/or controlled directly or under licence by
Crossways Church , now or in the future, including without limitation, Crossways Church‘s
rights, title and interest in and to all resources on the Website, technology, source code/s, trade
secrets, logos, systems, methods, trademarks, trade names, styles, insignia, designs, patents
and copyright, and all similar proprietary rights which may subsist in any part of the world,
whether registered or not.
7.2. All copyright and other intellectual property rights in all content, resources, trademarks,
software, data, material, including logos, databases, text, graphics, icons, hyperlinks,
confidential information, designs, agreements, and multimedia works, published on or via the
Website (“proprietary material“), are the property of, or are licensed to, Crossways Church and
as such are protected from infringement by local and international legislation and treaties.
7.3. By submitting reviews, comments and/or any other content (other than your personal
information) to Crossways Church for posting on the Website, you automatically grant
Crossways Church and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable right
and licence to use, reproduce, publish, translate, sub-license, copy and distribute such content
in whole or in part worldwide, and to incorporate it in other works in any form, media, or
technology now known or hereinafter developed, for the full term of any copyright that may exist
in such content. Subject to this licence, you retain any and all rights that may exist in such
content.
7.4. All rights not expressly granted are reserved and no right, title or interest in any proprietary
resources, material or information contained in this Website is granted to you.
7.5. Except with Crossways Church‘s express written permission, no proprietary resources or
material from this Website may be copied or retransmitted.
7.6. Irrespective of the existence of copyright, the user acknowledges that Crossways Church is
the proprietor of all material on the Website (except where a third party is indicated as the
proprietor), whether it constitutes confidential information or not, and that the user has no right,
title or interest in any such material.
7.7. Crossways Church authorises you only to view, copy, temporarily download to a local drive
and to print the content of this Website, or any part thereof, provided that such content is used
for personal purposes and for information purposes only, and such content is used for
non-commercial purposes.
8. Risk, limitation of liability and indemnity
8.1. The user’s use of this Website and the information contained on the Website is entirely at
the user’s own risk and the user assumes full responsibility and risk of loss resulting from the
use thereof.
8.2. The transmission of information via the internet, including without limitation e-mail, is
susceptible to monitoring and interception. The user bears all risk of transmitting information in
this manner. Under no circumstances shall Crossways Church be liable for any loss, harm, or
damage suffered by the user as a result thereof. Crossways Church reserves the right to
request independent verification of any information transmitted via e-mail and the user consents
to such verification should Crossways Church deem it necessary. Privacy- interception
8.3. Subject to the Regulation of Interception of Communications Act (“RIC”), Act 70 of 2002,
the user agrees that Crossways Church may intercept, block, read, delete, disclose and use all
communications sent or otherwise communicated to Crossways Church, its employees,
directors and agents. The user agrees that his or her consent satisfies the requirements of
ECTA and RIC for consent in “writing” as defined.
8.4. To the extent permissible by law:
8.4.1. Neither Crossways Church , its affiliates, shareholders, agents, consultants or employees
shall be liable for any damages whatsoever, including without limitation any direct, indirect,
special, incidental, consequential or punitive damages, howsoever arising (whether in an action
arising out of contract, statute, delict or otherwise) related to the use of, or the inability to access
or use the content of the website or any functionality thereof, or the information contained on the
website, or of any linked website, even if Crossways Church knows or should reasonably have
known or is expressly advised thereof.
8.4.2. The liability of Crossways Church for faulty execution of the website as well as all
damages suffered by the user, whether direct or indirect, as a result of the malfunctioning of the
website shall be limited to Crossways Church rectifying the malfunction, within a reasonable
time and free of charge, provided that Crossways Church is notified immediately of the damage
or faulty execution of the website. This liability shall fall away and be expressly excluded if the
user attempts to correct or allows third parties to correct or attempt to correct the website
without the prior written approval of Crossways Church. However, in no event shall Crossways
Church be liable to the user for loss of profits or for special, incidental, consequential or punitive
losses or damages arising out of or in connection with the website or its use or the delivery,
installation, servicing, performance or use of it in combination with other computer software.
8.4.3. You hereby unconditionally and irrevocably indemnify Crossways Church and agree to
hold Crossways Church free from all loss, damages, claims and/or costs, of whatsoever nature
suffered or incurred by Crossways Church or instituted against Crossways Church as a direct or
indirect result of:
8.4.3.1. your use of the website;
8.4.3.2. software, programs and support services supplied by, obtained by or modified by you
or any third party without the consent or knowledge of Crossways Church;
8.4.3.3. your failure to comply with any of the terms or any other requirements which
Crossways Church may impose from time to time;
8.4.3.4. the actions or requirements of any telecommunications authority or a supplier of
telecommunications services or software; or
8.4.3.5. any unavailability of, or interruption in, the service which is beyond the control of
Crossways Church.
8.4.4. Crossways Church makes no warranty or representation as to the availability, accuracy or
completeness of the content of the website. You expressly waive and renounce all your rights of
whatever nature that you may have against Crossways Church for any LOSS suffered by you,
as a result of information supplied by Crossways Church being incorrect, incomplete or
inaccurate.
9. Crossways Church privacy and cookie policy
9.1. This clause 9 provides details about our Privacy and Cookie Policy, which Policy forms part
of these Terms. Crossways Church takes your privacy seriously and is committed to protecting
your personal information. We use the personal information that we collect from you in
accordance with this Privacy and Cookie Policy.
9.2. Personal information when used in this Policy means information that can identify you as an
individual or is capable of identifying you. By personal information we don’t mean general,
statistical, aggregated or anonymised information.
9.3. Your use of our services signifies your consent to us collecting and using your personal
information as specified below.
9.4. How we collect information about you: we collect the personal information you may
provide to us when communicating with us; if you enter a competition or participate in a
promotion, we will ask for your name, address and e-mail address and any other relevant
information about you.
9.5. CONSENT: by providing us with your or your child’s personal information you give consent
to us to:
9.5.1. store your Personal Information and the Personal Information of your child or children;
9.5.2. contact you (by email, SMS, WhatsApp or another available platform);
9.5.3. use your Personal Information internally for general administration of Crossways Church
or our affiliate ministries and its events, meetings and programs;
9.6. How we use your information: we may use your information to confirm Crossways Church
or our affiliate ministries events and programmes or to confirm that your orders have been
received or delivered to you; to validate you as a customer when using our services and calling
our help desk; to prevent and detect criminal activity, fraud and misuse of or damage to our
services or networks; to prosecute those responsible and to contact you to invite you to form
part of our consumer panel or various research groups, etc. you further agree to the transfer of
your personal information cross-border for purposes of hosting databases, emails and
documents.
9.7. How long do we keep your information for: The time periods for which we keep your
information may vary according to the use or purpose attached to the information. Unless there
is a specific legal requirement requiring us to keep your information, however, we will not keep it
for longer than necessary for the purpose for which the information was collected or for which it
is to be processed.
9.8. Disclosing your information to third parties: We may disclose your information to our Service
Providers who are involved in the delivery of services to you, such as information technology
services, catering, accommodation and eventing to Crossways Church and its affiliates (such
as, amongst others, Four12 partnering churches, payment gateways and/or booking services).
9.9. When and where do we use cookies: we allocate cookies during the registration process for
our services. These cookies will hold information collected during your registration and will allow
us to recognise you as a customer and provide you with the services you require.
9.10. How can you refuse or opt out of cookies: most browsers are set by default to accept
cookies automatically, but usually you can alter the settings of your browser to prevent
automatic acceptance and to prompt you every time a cookie is sent to you or to allow you to
choose not to receive cookies at all. In addition, you can delete cookies on your electronic
devices.
9.11. How can you manage your privacy preferences: if you’d like us to stop processing your
information for marketing purposes, please write to us at the address set out in clause 12 below.
10. Confidentiality
10.1. By subscribing as a user, you agree that you shall hold in the strictest confidence and not
disclose to any third party information acquired in connection with any aspect of the products
and/or services offered by Crossways Church. You shall notify Crossways Church should you
discover any loss or unauthorised disclosure of the information.
10.2. Any information or material sent to Crossways Church by you, will be deemed not to be
confidential, unless otherwise agreed in writing by the user and Crossways Church.
11. Breach or cancellation by Crossways Church
11.1. Crossways Church is entitled without notice, in addition to any other remedy available to it
at law or under these Terms, including obtaining an interdict, to cancel these Terms, limit or
deny such user use of the Website and services, or to claim specific performance of any
obligation whether or not the due date for performance has arrived, in either event without
prejudice to Crossways Church‘s right to claim damages, should any user:
11.1.1. breach any of these Terms;
11.1.2. in the sole discretion of Crossways Church, use the Website in an unauthorised manner;
or
11.1.3. infringe any statute, regulation, ordinance or law.
11.2. Breach of these Terms entitles Crossways Church to take legal action without prior notice
to the user and the user agrees to reimburse the costs associated with such legal action to
Crossways Church on an attorney and own client scale.
12. Compliance with section 43(1) of ECT Act
In compliance with section 43(1) of the ECT Act, the following is noted:
(Insert all of the relevant information set out below)
12.1. Full name: Crossways Church
12.2. Physical address: The Village Centre, Crossways, East Coast Resorts, East London,
South Africa
12.4. Telephone number: +27 (0)43 737 4865
12.5. Website address: www.crosswayscf.co.za
12.6. E-mail address: admin@crosswayscf.co.za
12.8. Names of office bearer: Jonathan King
13. Compliance with laws
You shall comply with all applicable laws, statues, ordinances and regulations pertaining to your
use of and access to this Website.
14. Notices
Except as explicitly stated otherwise, any notices shall be given by email to
admin@crosswayscf.co.za (in the case of Crossways Church) or to the e-mail address you have
provided to Crossways Church (in your case), or such other address that has been specified.
Notice shall be deemed given 48 (forty eight) hours after an email is sent, unless the sending
party is notified that the email address is invalid. Alternatively, Crossways Church may give you
notice by registered mail, postage prepaid and return receipt requested, to the address which
you have provided to Crossways Church. In such case, notice shall be deemed given 7 (seven)
days after the date of mailing. You acknowledge that all agreements, notices or other
communication required to be given in terms of the law or these Terms may be given via
electronic means and that such communications shall be “in writing”. Notwithstanding anything
to the contrary, a written notice or communication actually received by a party shall be an
adequate written notice or communication to it, notwithstanding that it was not sent to or
delivered at its chosen address(es) for that purpose.
15. General clauses
15.1. These Terms shall be governed in all respects by the laws of the Republic of South Africa
as such laws are applied to agreements entered into and to be performed within South Africa.
15.2. This Website is controlled, operated and administered by Crossways Church from its
offices within the Republic of South Africa. Crossways Church makes no representation that the
content of the Website is appropriate or available for use outside of South Africa. Access to the
Website from territories or countries where the content of the Website is illegal is prohibited.
Users may not use this Website in violation of South African export laws and regulations. If the
user accesses this Website from locations outside of South Africa, that user is responsible for
compliance with all local laws.
15.3. Crossways Church does not guarantee continuous, uninterrupted or secure access to our
services, as operation of our Website may be interfered with as a result of a number of factors
which are outside of our control.
15.4. If any provision of these Terms is held to be illegal, invalid or unenforceable for any
reason, such provision shall be struck out from these Terms and the remaining provisions shall
be enforced to the full extent of the law.
15.5. Crossways Church‘s failure to act with respect to a breach by you or others does not
constitute a waiver of our right to act with respect to subsequent or similar breaches.
15.6. You shall not be entitled to cede your rights or assign your rights or delegate your
obligations in terms of these Terms to any third party without the prior written consent of
Crossways Church.
15.7. No party shall be bound by any express or implied term, representation, warranty, promise
or the like not recorded herein, whether it induced the contract and/or whether it was negligent
or not.
15.8. The head notes to the paragraphs to these Terms are inserted for reference purposes only
and shall not affect the interpretation of any of the provisions to which they relate.
15.9. Words importing the singular shall include the plural and vice versa, and words importing
the masculine gender shall include females and words importing persons shall include
partnerships and corporate and unincorporated entities.
15.10. These Terms set forth the entire understanding and agreement between Crossways
Church and you with respect to the subject matter hereof.
Website Terms & Conditions last updated on the 19th August 2021.
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