Terms of Service

Blessed are the peacemakers for they shall be called the children of God.

Matthew 5:9

 

Welcome to Siva Moodley Ministries

Ownership of Website; Agreement to Terms of Use

 

Welcome to sivamoodley.com, a website owned by Siva Moodley Ministries.

 

By accessing or using our website at sivamoodley.com (the “Website”) you (the “User” or “You” or “Your”) implicitly acknowledge that you have read, understand, and agree to be bound by these Terms of Use (“Terms of Use” or “Agreement”).

 

The Website is the property of Siva Moodley Ministries (“SMM”) and its licensors.

 

By using the Website, You agree to these Terms of Use; If you do not agree, DO NOT use the Website.

 

SMM reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without further notice.  The onus is on you as the user to check for changes in these Terms of Conditions. Your continued use of SMM’s Website following the posting of changes made to any part thereof means that you accept and agree to the changes that have occurred.

 

Once you comply with the Terms of Use, SMM grants you a personal, non-exclusive, non-transferable, limited right to enter and use this Website.

 

 

Your Use of the Site and Intellectual Property.

 

It is forbidden for you to gain or attempt to gain unauthorized access to any portion or feature of the Website, or to any of the services offered on or through the Website, by hacking, or any other illegitimate means. You may not use the Website or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes upon the rights of SMM.

 

The only permissible use of SMM’s copyrighted material is that you may download a single copy of any portion of the Content for your personal, non-commercial, entertainment, information or other non-public use. You may link to any posting or page on this website by hyperlinking as to redirect users to an original article or other content on SMM’s website. No part of this website may be altered, deleted, reworded added onto, or modified in any way.

 

 

Copyright

 

Siva Moodley Ministries takes copyright violation very seriously and will vigorously protect the rights of legal copyright owners.

 

If you are the copyright owner of content which appears on this website and you did not authorize the use of the content you must notify us in writing in order for us to identify the allegedly infringing content and take action.

 

SMM will be unable to take any action if you do not provide us with the required information, so if you believe that your material for which you own the copyright has been infringed upon or violated, please provide SMM, in writing, with the following information:

 

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
  • Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

 

Hyperlinks and Third-Parties

 

SMM’s website may contain hyperlinks to other third-party websites and services which are not maintained by, SMM.  Hyperlinks to such sites are provided as a service to users and are not sponsored by or affiliated with SMM, unless expressly stated. The inclusion of any hyperlink to a third-party site does not necessarily imply our endorsement of that website.

 

We have not reviewed any or all of such websites and are not responsible for the content of those websites. Hyperlinks are to be accessed at your own risk, and we make no representations or warranties about the content, completeness or accuracy of these hyperlinks. Information collected by third parties is governed by their privacy practices.  We encourage you to learn about the privacy practices of those third parties.

 

 

Content

 

All aspects of this Website, including but not limited to the text, user and visual interfaces, photographs, trademarks, logos, sounds, music, artwork, computer code, sermons, spiritual educational content (collectively “Content”), and the arrangement of such Content on the Website, is owned, controlled or licensed by or to SMM, and is protected by international copyright laws and various other intellectual property laws.

 

Except as expressly provided in these Terms of Use, no part of this Website may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way without SMM’s express prior written consent.  SMM considers framing, the practice of intact reproduction of a page or pages of one website into another website, to be deceptive and a violation of SMM’s copyright rights.  No authorization or permission is given for framing (copying code or layout) of SMM’s content, whether in whole or in part.

 

 

Disclaimer

 

The material in this Website could include technical inaccuracies or typographical errors.  SMM may make changes or improvements at any time.  SMM does not promise that the Website or any Content, service or feature of the Website will be error-free or uninterrupted, or that any defects will be corrected, or that this Website or the server that makes it available are free of viruses or other harmful components.

 

 SMM makes no warranties that your accessing this Website, submitting prayer requests online, watching sermons or reviewing spiritual material available on the Website will lead to specific spiritual, physical, emotional or mental results that you may be seeking. SMM is not responsible for injury or damage to any individual related to or resulting from your or any other person’s use or access of this Website and its Content.  Nor is SMM responsible for injury or damage to User or to any other person’s computer related to or resulting from accessing the Website or downloading materials and Content from the Website.

 

The Content in this Website is provided “AS IS” and without warranties of any kind, either expressed or implied. To the fullest extent permissible pursuant to applicable law, SMM disclaims all warranties, including any warranties of accuracy, non-infringement, merchantability and fitness for a particular purpose.

 

SMM does not warrant or make any representation regarding the use of or the result of the use of the Content of this Website in terms of their correctness, accuracy, reliability or otherwise. SMM disclaims any and all liability for the acts, omissions and conduct of any third parties in connection with or related to your use of this Website.  You assume total responsibility for your use of the Website.

 

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action, including but not limited to the failure to provide specific spiritual, physical, emotional, mental or technical results.

 

 

Limitation of Liability

 

Except where prohibited by law, under no circumstances, including but not limited to negligence, will SMM be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of, or the inability to use, the Website, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, SMM’s liability to you for any cause whatsoever, and regardless of the form of the action, will always be limited to the amount paid, if any, by you to SMM to access or use this Website, but in no case will SMM’s liability to you exceed R1000.  You acknowledge that if no fees are paid to SMM, you will be limited to injunctive relief only, unless otherwise permitted by law, and shall not be entitled to damages of any kind from SMM, regardless of the cause of action.  Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, SMM’s liability in such jurisdictions shall be limited to the extent permitted by law.

 

 

Indemnity

 

You agree to indemnify and hold SMM, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with, your access to or use of the Website, your conduct in connection with the Website, or any violation of this Agreement or of any law or the rights of any third party.

 

 

Violation of these Terms of Use

 

SMM may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Website, or to identify, contact or bring legal action against someone who may be causing injury to or any interference with SMM’s rights or property, or the rights or property of those individuals visiting SMM’s Website.  SMM reserves the right at all times to disclose any information that SMM deems necessary to comply with any applicable law, regulation, legal process or governmental request.

 

 

Governing Law; Dispute Resolution

 

We will allows give notice for quick resolution before we take official legal action. This section will be updated with more info soon

 

Any cause of action user may have relating to the site or the services must be commenced within one (1) year after the claim or cause of action arises.

 

 

Disputes

 

We are based in Gauteng, South Africa, and you are contracting to use our site. These terms and all matters arising from your use of the site are governed by and will be construed according to the laws of Gauteng, South Africa, without regard to any choice of laws rules of any jurisdiction. The federal courts and state courts that have geographical jurisdiction over disputes arising at our office location in Gauteng, South Africa, will be the only permissible venues for any and all disputes arising out of or in connection with these terms or the site and service.

 

 

Arbitration

 

Notwithstanding anything that may be contrary within the “Disputes” provisions above, all matters, and all arbitrable claims within a multi-claim matter, including all claims for monetary damages, shall be decided by a single arbitrator to be selected by us, which arbitrator shall hold hearings in Gauteng, South Africa, under the rules of the South African Arbitration Association.

 

 

General Terms

 

1.  Severability.

 

If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; and if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement will not be affected in any way.

 

2.  Entire Agreement.

 

You understand and agree that this Agreement (the User Agreement and Privacy Policy, as incorporated) constitutes the entire, complete and exclusive agreement between you and us regarding the Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement.

 

3.  Amendments to this Agreement.

 

SMM reserves the right to modify, supplement or replace the terms of the Agreement without notifying you individually.  Any changes to the Agreement will be noticed on the online community website. If you do not want to agree to changes to the Agreement, you can terminate this Agreement at any time by deleting your account.

 

4.  Notice

 

SMM is a South African corporation.  Unless otherwise indicated, all communications with SMM should be directed to SMM by mail to [email protected]

 

These terms, including the incorporated Privacy Policy, supersede all oral or written communications and understandings between user and the site.

 

Any rights not expressly granted herein are reserved.

 

For privacy policy, click here

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