By registering and entering Southern Sun's Digital Library you agree with The Terms & Conditions. You allow the Digital Library to process any information you send in accordance with its Privacy Policy as stated in Clause 6 of The Terms and Conditions. You are aware and allow the information that is registered in a data bank, due to the international nature of Internet, be consulted abroad.

Clause 1 - Definitions

Clause 2 - General Provisions

2.1

These Terms and Conditions shall be applicable to the provision of access to the Digital Library, as well as to each installation and to each use of the Digital Library.

2.2

Southern Sun is the owner and manager of this website. The information has been provided by Southern Sun, who have granted the Digital Library permission to distribute the information to the active users of the Digital Library electronically, by mail and otherwise and to grant active users the right of use mentioned below. Immersive Images are the designers and developers of this application and hold full rights to the source code.

Clause 3 - Subject / Right of Use

3.1

Southern Sun grants the User a right of use with respect to the Digital Library. This right of use consists of the rights to access the Digital Library, to consult the Digital Library, and to use and to retrieve minor parts (with a limit of 250 resources per user company per annum) of the Content for the sole purpose of distributing these elements of the Content to the travel industry and to other third parties in printed and/or electronic promotional material.

3.2

The non-exclusive right of use is granted for an limited period of time and is not transferable to any party other than the one who is registered with permission from the Digital Library

3.3

Southern Sun reserves all rights not explicitly granted to the Users.

3.4

In no event does the right of use include a right to use the retrieved Content, in whole or in part, to compile a databank, either by or through the User, or to otherwise use the Content for purposes that compete with the Digital Library.

3.5

The right of use in no event includes a right to borrow the Digital Library concept, either in whole or in part, and/or to put this concept, either in whole or in part, at the disposal of third parties.

3.6

The User shall not, without the written permission of Immersive Images, make (or have others make) changes in or additions to the Digital Library.

3.7

Southern Sun reserve the right to change information regarding images stored on the site at any time without notice.

Clause 4 - Intellectual Property Rights

4.1

No intellectual property rights are transferred to the User and the use of the Digital Library shall not, in any event, constitute an intellectual property right on the part of the User regarding the Content or the technology offered by the Digital Library.

4.2

Southern Sun and Immersive Images hereby declares, without being liable to pay compensation, that it has produced the Digital Library entirely with its own corporate resources and/or that it owns the rights to dispose of the applications and data files contained herein. At the time of delivery Southern Sun and Immersive Images is not aware of any third party that holds any rights that could adversely affect the undisturbed use of the Digital Library.

4.3

If any third party states to the User that the third party has any rights with respect to the Digital Library, the User shall immediately notify Southern Sun thereof in writing.

4.4

With regard to third parties who state that their rights are being infringed, the User shall refrain, without prior written permission from the Digital Library, from making any oral or written statements or promises, from acknowledging any rights or facts, from committing the User in any way whatsoever and from entering into settlements.

4.5

If it is established, either in or out of court, that the use of the applications or any parts thereof contained in the Digital Library infringes any intellectual property right, Southern Sun shall exert its best efforts to change the relevant applications in such a manner that the User may continue to use the applications.

4.6

The User warrants and represents that the User shall at all times observe the limits of the right of use granted to the User and, more specifically, always respect the intellectual property rights of Southern Sun and of the third parties whose protected material is included in the Digital Library.

Clause 5 - Liability

5.1

To the maximum extent permitted by law, Southern Sun and Immersive Images shall not be liable for any damage suffered by the User, including damage that is caused if the Content of The Digital Library is incomplete, incorrect, not up-to-date or technically not fit for the intended use.

5.2

Any User who carries on a profession or business shall indemnify Southern Sun and Immersive Images for and against any claims by third parties, including Subscribers, for compensation or damages, including for loss of profit, suffered as a result of the use of the Digital Library.

5.3

Southern Sun and Immersive Images shall not be liable for the content of websites to which the Users are referred via links.

5.4

Southern Sun and Immersive Images shall not be liable if the Digital Library cannot be used for practical reasons such as Errors and technical breakdown or for legal reasons such as court orders.

5.5

The inclusion of information provided by Southern Sun does not in any way imply the Digital Library endorsement of the business of the Subscriber. Southern Sun and Immersive Images shall not be liable for any damage caused by a User or other third parties.

5.6

Southern Sun and Immersive Images shall not be liable for the failure to fulfil any of its obligations under these Terms and Conditions, if the fulfilment has been interfered with, hindered, delayed or prevented by circumstances not reasonably within the control of the Digital Library.

5.7

Any liability on the part of the Digital Library shall never exceed the amount received by Southern Sun from the insurance company with which Southern Sun has insured its interests under this agreement.

5.8

The User hereby indemnifies Southern Sun against any claim or liability which may arise due to the User's use of the digital resources mentioned herein.

Clause 6 - Privacy Policy

6.1

This statement discloses the privacy policy for the Digital Library website.

6.2

All personal data registered by the Digital Library will be treated in accordance with the applicable legislation in the Republic of South Africa.

6.3

In the User registration process you provide information about yourself, your company and its business, products for which you intend to use content (printed and/or electronic) and Internet sites you intend to use. We use this information to support our relationship with you and to improve our services, i.e., to inform you about upgrades to our website, special offers or promotions and new services and products that we offer. We share the information with our subsidiaries and business partners to enable them to provide you with information about their services and products. With respect to these services, we have an opt-out policy: If you do not wish to receive such marketing information, you may let us know by sending an e-mail to maureenh@southernsun.com

6.4

In addition, we may use the information for public relations, marketing and sales purposes. As part of our services, we may compose, print and distribute directories that include the information you provide. These directories enable us to create e-communities of our Users, and other services that facilitate contact between Users and Southern Sun if they so wish.

6.5

Due to the international nature of the Internet, the information you provide may cross national and South African borders.

6.6

You can request the information we have collected about you by sending an e-mail to maureenh@southernsun.com. Any corrections or inaccuracies in your information and any questions or concerns regarding our privacy policy may be submitted to the same address. We will endeavor to respond to all reasonable requests, questions and concerns within five business days of receipt.

6.7

Any material changes in the way we use your information will be set out in future versions of our privacy policy.

Clause 7 - Duration and Cancellation of the Registration

7.1

Registration, which constitutes acceptance of these Terms and Conditions, shall enter into effect from the instant the User clicks the button "Continue".

7.2

A request for cancellation of the Registration by the User shall be addressed to the Image Library's office at Southern Sun's Head Office, as described on the website, in writing either by mail or electronically. Cancellation shall come into effect within 30 days of receipt of the request.

7.3

The Digital Library reserves the right to cancel, at any time and for any reason (including any violation to clause 3), the Registration of the User. The use of the Digital Library by the User shall be terminated with immediate effect from the moment of cancellation.

7.4

For a period of thirty days after termination, the User may continue the distribution of the existing promotional material that includes Content retrieved from the Digital Library prior to termination, unless the Registration was terminated because of the unlawful use of the Content, in which case such distribution shall be prohibited with immediate effect.

Clause 8 - Concluding Provisions

8.1.1

The Digital Library shall have the right to amend these Terms and Conditions and to declare the amended Terms and Conditions applicable to an existing Registration. The amended Terms and Conditions are accepted by logging into the Digital Library. If the User does not accept the amended Terms and Conditions, the use of the Digital Library by the User shall terminate automatically with the effect described in clause 7, sections 3 and 4.

8.1.2

If the Digital Library declares that the amended Terms and Conditions are applicable to an existing Registration, the Digital Library shall make the amendments known in a timely manner. The amended Terms and Conditions shall thenceforth immediately enter into force and effect.

8.3

The Registration, and thus these Terms and Conditions, shall be governed by the laws of the Republic of South Africa.

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