TERMS AND CONDITIONS OF USE
NOTICE TO USERS: THESE TERMS AND CONDITIONS ARE BINDING AND ENFORCEABLE AGAINST ALL PERSONS THAT ACCESS THE NOAKES FOUNDATION WEBSITE OR ANY PART THEREOF IN TERMS OF SECTION 11 OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT 25 OF 2002 (“ECT Act”).
If you do not agree to these terms and conditions, as set our herender, please exit The Noakes Foundation website immediately and disregard the information contained herein, as further use will automatically bind you to these terms and conditions.
A copy of the ECT Act may be downloaded here.
DEFINITIONS AND INTERPRETATION
a) “content” shall mean information, data, text, images, photographs, graphics, messages, statistics or any other material that is available on The Noakes Foundation website, including any hyperlink or third party website link or connection;
b) “ECT Act” shall mean the Electronic Communications and Transactions Act 25 of 2002 (as amended from time to time), and any regulations thereto;
c) “The Noakes Foundation website” means http://www.thenoakesfoundation.org and “website” shall have the corresponding meaning;
d) “User” shall mean any person who accesses The Noakes Foundation website (www.thenoakesfoundation.org), notwithstanding the fact that such a person only visited the home page of The Noakes Foundation website;
e) References herein to the singular includes the plural and vice versa; and
f) These terms and conditions contain hyperlinks to copyright notices and legislation. If you find any of these hyperlinks are not working please contact us on firstname.lastname@example.org to obtain a copy of the relevant notice or legislation (”relevant information”). It is important that you do so given that you the User and The Noakes Foundation (Pty) Ltd NPC (“The Noakes Foundation”) agree that the relevant information shall continue to be deemed incorporated in this Agreement in terms of the provisions of section 11 of the Electronic Communications and Transactions Act, No. 25 of 2002 (the “ECT Act”).
1. AGREEMENT IN TERMS OF SECTION 21 OF THE ECT ACT
The User and The Noakes Foundation agree that:
1.1. the User shall be bound to these term and conditions and such agreement is concluded every time the User enters The Noakes Foundation website;
1.2. data messages (as defined in the ECT Act) addressed by the User to The Noakes Foundation shall only be deemed to have been received by The Noakes Foundation if The Noakes Foundation responds thereto;
1.3. data messages (as defined in the ECT Act) addressed to the User by The Noakes Foundation shall be deemed to be received by the User as detailed in section 23(b) of the ECT Act;
1.4. the User agree and warrants that data messages that is send to The Noakes Foundation from a computer, IP address or mobile device normally used by or owned by the User, was send and/or authorised by the User personally.
2. VISION AND OBJECTIVES
The objectives of The Noakes Foundation are as follows:
1.1 The vision of the Company:
1.1.1 The vision of the Noakes Foundation is to provide the most credible, evidence-based information on optimum nutrition, independent of commercial or other influences, and to support endeavours that promote optimum practices in human, animal and plant nutrition. This includes but is not limited to the provision of financial support for scientific research of relevant questions in the nutrition or other sciences.
1.2 The objects of the Company:
1.2.1 to advance the medical science of low carbohydrate and high fat (“low carb”) nutrition and healthy eating plans by promoting research into carbohydrate/insulin resistant (CR/IR) or pre-diabetic (family history of diabetes) persons and the effect and benefits of low carb nutrition in a healthy eating plan;
1.2.2 to generate funding, apply for and obtain grants or donations to facilitate or encourage medical and other research and publication in the field of low carb nutrition and healthy eating plans, with a special interest in carbohydrate resistant (CR/IR) or pre-diabetic (family history of diabetes) persons;
1.2.3 to promote the public and professional education, awareness and knowledge of:
220.127.116.11 the benefits of low carb nutrition and healthy eating plans;
18.104.22.168 carbohydrate/insulin resistant (CR/IR) or pre-diabetic (family history of diabetes) persons; and
22.214.171.124 the delay or prevention of onset diabetes in carbohydrate/insulin resistant (CR) or pre-diabetic (family history of diabetes) persons through low carb nutrition and healthy eating plan
1.2.4 promote the relationship between the Company and other groups or organisations with an interest in research, and/or promotion of, low carb nutrition and healthy eating plans;
1.2.5 promote the standards of consumer goods and services that comply with or adhere to the principles of low carb nutrition and healthy eating;
1.2.6 promote and facilitate a public awareness campaign through approved Suppliers, in respect of consumer goods and services, to abide by or comply with the standards advanced by the Company; and
1.2.7 promote access to research findings and information through transparency, independent of commercial or other interests.
3. INFORMATION AND CONTENT
In pursuance of its objectives, The Noakes Foundation has established the website as a conduit for information and content that is believed to be in the public interest, notwithstanding this aim, the following set out hereunder shall apply to the content of the website:
3.1. Accuracy: The Noakes Foundation, its directors, employees, contributors and consultants (“The Noakes Foundation”) undertake to provide accurate content, including medical or research supported information, but shall not be responsible for the reliability or accuracy or acceptability of the content presented or communicated through its website, application, social media or any other public accessible medium;
3.2. No advice: The content of The Noakes Foundation website does not constitute medical advice, and should not be treated as same. The User is expressly advised to consult with a medical practitioner on all issues to do with health, including applying any nutrition or dietary information obtained via the The Noakes Foundation website. The content available on the website is not intended to replace medical advice offered by healthcare professionals;
3.3. No Warranty: The Noakes Foundation aims to provide accurate, up-to-date and ethical content on its website, and does not make any representations or give any warranties of any kind, whether expressly, tacitly or impliedly; and
3.4. General Information: the content of The Noakes Foundation website is intended to be directed to a single or individual User, and accordingly and under all circumstances the information comprising part of the content should be deemed, and received, as general information, notwithstanding that the information may apply to the User.
4. USE AND LICENSE
4.1. The Noakes Foundation licenses the User to view, copy, download and print the content of The Noakes Foundation website, provided that:
4.1.1. such content is used for personal, education and/or non-commercial purposes only; and
4.1.2. any reproduction of content from The Noakes Foundation website includes the following copyright notice: © The Noakes Foundation. All Rights Reserved.
4.1.3. any use will not be done in such a way that same constitutes an infringement of The Noakes Foundation’s and/or the contributors to the website intellectual property rights.
4.2. As an option, users (“registered users”) may register and post comments, provide more personalised information, or share their point of view. Registered users are fully responsible for all activities that occur under their names. The Noakes Foundation does not retain liability or responsibility for such use.
4.3. Content from The Noakes Foundation website shall not be used or exploited for any commercial and non-private purposes without the prior written consent of Directors of The Noakes Foundation.
4.4. Users may only access and use The Noakes Foundation website for legal purposes.
4.5. Use of content from The Noakes Foundation website in electronic clipping services or personalised news services shall only be allowed if such electronic clipping service or personalised news service:
4.5.1. does not copy or provide the whole article, as it appears on The Noakes Foundation website, but only provide a short summary of the contents of the article;
4.5.2. acknowledges The Noakes Foundation as the source of the content;
4.5.3. provides a correct and working hyperlink to the source of the content or article on The Noakes Foundation website;
4.5.4. includes the date upon which the content was sourced from The Noakes Foundation website in the summary of the content;
4.5.5. if the summary accurately and fairly portrays the content and is not misleading in any way.
4.6. If any person uses content from The Noakes Foundation website in breach of the provisions detailed herein:
4.6.1. The Noakes Foundation reserves the right to claim damages from such person; and /or bring an application for an interdict.
4.6.2. The Noakes Foundation reserves the right to institute criminal proceedings against the User.
4.6.3. The Noakes Foundation shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of such content by such person or any third party.
4.7. Users may quote small and reasonable amounts of content available from The Noakes Foundation website only if such quote is placed in inverted commas, the author is acknowledged and a hyperlink to the quoted content is provided as a footnote to such quote.
4.8. Apart from bona-fide search engine operators and use of the search facility provided on The Noakes Foundation website by Users, no person may use or attempt to use any technology or applications (including web crawlers or web spiders) or through any automated, deceptive, fraudulent or other invalid means, including but not limited to the use of robots or other automated query tools and/or computer generated search requests to search or copy content from The Noakes Foundation website for any purposes, without the prior written consent of The Noakes Foundation.
4.9. All licenses and/or permissions granted in terms of this clause 2 are provided on a non-exclusive and non-transferable basis and may be terminated or cancelled by The Noakes Foundation at any time without giving reasons therefore.
5. HYPERLINKS TO THIRD PARTY SITES
5.1. The Noakes Foundation may provide hyperlinks to websites not controlled by The Noakes Foundation and such links does not imply any endorsement, agreement on or support for the content of such target sites.
5.2. The Noakes Foundation does not editorially control the content on such target sites and shall not be liable, in any manner whatsoever, for the access to, inability to access or content available on or through such target sites.
6. REMOVAL AND CORRECTION OF CONTENT
Users are encouraged to report untrue, inaccurate, defamatory, illegal, infringing and/or harmful content available from The Noakes Foundation website to The Noakes Foundation, and The Noakes Foundation undertakes to correct and/or remove such content or any part thereof if the person reporting such content provided reasonable grounds to prove the alleged nature of the content.
7. INTELLECTUAL PROPERTY RIGHTS AND DOMAIN NAME USE
7.1. All intellectual property on The Noakes Foundation website, including but not limited to content, design elements, software, databases, text, graphics, icons and hyperlinks are the property of or licensed to The Noakes Foundation and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights licensed in clause 2, all other rights to intellectual property on The Noakes Foundation website are expressly reserved.
7.2. “The Noakes Foundation is in the process of registering the trademark and Users agree not to use The Noakes Foundation (unregistered) trademark or the “The Noakes Foundation” mark as an element of a domain name or sub domain name, notwithstanding the fact that such domain name use or registration may be allowed in terms of trademark and/or constitutional law. Upon request to do so a User shall immediately cease to use such domain name and transfer it to The Noakes Foundation at the cost of the User.
8. PROHIBITED USES
The User shall not, and shall not authorize or encourage any third party to:
8.1. Edit, modify, filter, truncate or change the order of the information contained on The Noakes Foundation’s Website:
8.2. Engage in any action or practice that reflects poorly on The Noakes Foundation or otherwise disparages or devalues The Noakes Foundation’s reputation or goodwill.
8.3. Use or extract any information on the website for marketing purposes without the prior written approval of The Noakes Foundation.
The User acknowledges that any attempted participation or violation of the foregoing is a material breach of this agreement and that The Noakes Foundation may pursue any and all applicable legal and equitable remedies against the User including an immediate termination of this agreement and the pursuit of all available civil or criminal remedies.
9. DISCLAIMER AND LIMITATION OF LIABILITY
9.1. Subject to the provisions of sections 43(5) and 43(6) of the ECT Act, if applicable, and as far as allowed by law, The Noakes Foundation (including its Directors, employees, contributors, consultants, network operators, partners, affiliates and agents) shall not be liable for any damage, loss or liability of whatsoever nature incurred by whomever and resulting from:
9.1.1. access to The Noakes Foundation website;
9.1.2. access to websites linked to The Noakes Foundation website;
9.1.3. inability to access The Noakes Foundation website;
9.1.4. inability to access websites linked to The Noakes Foundation website;
9.1.5. content available on The Noakes Foundation website;
9.1.6. services available from The Noakes Foundation website;
9.1.7. any other reason not directly related to The Noakes Foundation’s gross negligence.
9.2. The Noakes Foundation website is supplied on an “as is” basis and has not been compiled to meet the User’s individual requirements. Neither is any information given as, or meant to be medical advice and should not be relied upon as a substitute for consultations with qualified health professionals who are familiar with the user’s individual medical needs. It is the responsibility of the User to satisfy himself or herself, prior to entering into this agreement with The Noakes Foundation, that the content and services available from and through The Noakes Foundation website meet the User’s individual requirements and is compatible with the User’s computer hardware and/or software.
9.3. Information, ideas and opinions expressed on The Noakes Foundation website should not be regarded as professional advice. Users are encouraged to consult professional advice before taking any course of action related to the information, ideas or opinions expressed on The Noakes Foundation website.
9.4. The Noakes Foundation does not make any warranties or representation that content and services available from The Noakes Foundation website will in all cases be true, correct and complete, current or free from any errors. The Noakes Foundation shall take reasonable steps to ensure the quality and accuracy of content available from The Noakes Foundation website.
9.5. The Noakes Foundation does not make any warranties or representations that The Noakes Foundation website will be available at all times. Users acknowledge that The Noakes Foundation website may be unavailable due to updates or other causes beyond the reasonable control of The Noakes Foundation, including, but not limited to virus infection, power failure or other “acts of God”.
10. CHANGES AND AMENDMENTS
The Noakes Foundation expressly reserves the right, in its sole and absolute discretion, to do any of the following, at any time without prior notice:
10.1. change these terms and conditions;
10.2. change the content and/or services available from The Noakes Foundation website;
10.3. discontinue any aspect of The Noakes Foundation website or service(s) available from The Noakes Foundation website; and/or
10.4. change the software and hardware required to access and use The Noakes Foundation website.
10.5. If The Noakes Foundation changes these terms and conditions, it will post notice of these changes and the date they become effective, within the current terms and conditions.
10.6. Users acknowledge that The Noakes Foundation may establish general practices and limits concerning use of its website, including without limitation the maximum number of days that email messages, message board postings or other uploaded content is retained by the website, the maximum number of emails that can be sent or received by a registered user, the maximum disk space allotted on servers for a registered user, and the maximum duration for which a registered user may have access to the website in a given period of time.
The Noakes Foundation has no responsibility or liability for the deletion or failure to store any messages or comments or postings and other communications or other content maintained or transmitted by The Noakes Foundation website servers. The Noakes Foundation has the right to log off registered users that are inactive for an extended period of time. The Noakes Foundation reserves the right to change these general practices at any time with or without notice.
11.1. The Noakes Foundation shall take reasonable steps to secure the content of The Noakes Foundation web site and the information provided by and collected from Users from unauthorised access and/or disclosure. However, The Noakes Foundation does not make any warranties or representations that content shall be 100% safe and secure.
11.2. The Noakes Foundation is under no legal duty to encrypt any content or communications from and to The Noakes Foundation website and is also under no legal duty to provide digital authentication of any page on The Noakes Foundation website.
11.3. Users may not deliver or attempt to deliver, whether on purpose or negligently, any damaging code, such as computer viruses, to The Noakes Foundation website or the server and computer network that support The Noakes Foundation website. Notwithstanding criminal prosecution, any person who delivers any damaging code to The Noakes Foundation website, whether on purpose or negligently, shall, without any limitation, indemnify and hold The Noakes Foundation harmless against any and all liability, damages and losses The Noakes Foundation and its partners / affiliates may suffer as a result of such damaging code.
11.4. Any User who commits any of the offences detailed in sections 85 to 88 of the ECT Act shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by The Noakes Foundation. The ECT Act may be downloaded here.
12. USER SUBMISSIONS
By submitting communications or content to any part of this website which content would be viewable by the public (e.g. posting on a public forum/bulletin board or public chat or other public communication), the registered user agrees that such submission is non-confidential for all purposes. Any submission to this website will be deemed and remain the property of The Noakes Foundation. The registered user grants, or warrants that the owner of such content has expressly granted The Noakes Foundation royalty-free, perpetual, irrevocable, world-wide non-exclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display the communication or content in any media or medium, or any form, format or forum now known or hereafter developed. Modifications to the service The Noakes Foundation reserves the right at any time to modify or discontinue, temporarily or permanently, the service (or any part thereof) with or without notice. The registered user agrees that The Noakes Foundation shall not be liable to him or to any third party for any modification, suspension, or discontinuance of the service.
13. INTERCEPTION OF COMMUNICATIONS
13.1. The User agrees (and consents) in terms of Chapter 2, Part 1 (including in terms of section 5) of the Regulation of Interception of Communications and Provision of Communication-Related Information (RIC) Act 70 of 2002 to The Noakes Foundation intercepting, blocking, filtering, reading, deleting, disclosing and using all communications send by the User to The Noakes Foundation website or its staff and employees as it deems appropriate.
13.2. The User agrees and acknowledges that the consent provided by the User in clause 11.1 above constitutes consent in “writing” as required in terms of the RIC Act and contemplated in terms of section 12 of the ECT Act.
The registered user agrees that the Noakes Foundation, in its sole discretion, may terminate his password, registration or use of this service, and remove and discard any content within the service, for any reason, including, without limitation, for lack of use or if The Noakes Foundation believes that the registered user has violated or acted inconsistently with the letter or spirit of this agreement. The registered user agrees that any termination of his access may be effected without prior notice, and acknowledges and agrees that The Noakes Foundation may immediately deactivate or delete his registration and all related information and files relating to user registration and/or bar further access to such files or the service. Further, the registered user agrees that The Noakes Foundation shall not be liable to him or any third party for any termination of his access to the service.
15. DISCLOSURES REQUIRED BY SECTION 43 OF THE ECT ACT
Access to the services and content available from The Noakes Foundation website is classified as “electronic transactions” in terms of the ECT Act and therefore Users have the rights detailed in Chapter 7 of the ECT Act and The Noakes Foundation has the duty to disclose the following information:
15.1. The full name and legal status of the website owner:
The Noakes Foundation
Reg. No. 2014/070529/08; NPO No. (pending confirmation from SARS);
15.2. Street address and address for service of legal documents:
The Noakes Foundation, Sports Science Institute of South Africa,
Boundary Rd, Newlands, 7700, Western Cape Province, South Africa;
15.3. The website address of The Noakes Foundation website is
15.4. User may lodge complaints concerning website with Directors of The Noakes Foundation.
16. ENTIRE AGREEMENT AND SEVERABILITY
16.1. These terms and conditions constitute the entire agreement between The Noakes Foundation and the User and shall take precedent over any disclaimers and/or legal notices attached to any communications and/or postings received by The Noakes Foundation from the User.
16.2. Any delay or failure by The Noakes Foundation to exercise or enforce any right or provision shall in no way constitute a waiver of such right or provision.
16.3. In the event that any term or condition detailed herein is found unenforceable or invalid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall remain enforceable and applicable.
17. APPLICABLE AND GOVERNING LAW
The Noakes Foundation website is hosted, controlled and operated from the Republic of South Africa and therefore the South African law enforced by the South African courts governs the use or inability to use The Noakes Foundation website, its content, services and these terms and conditions.
18. LEGAL COSTS
18.1. The Noakes Foundation shall not be liable for costs incurred by Users to obtain professional advice relating to these terms and conditions.
18.2. Should The Noakes Foundation take any legal steps against the User as result of breach of contract, the User shall be liable for payment of the legal costs of such legal steps on an attorney and own client scale.
This agreement shall be governed by the laws of South Africa, except for its conflicts of laws principles. Any dispute or claim arising out of or in connection with this agreement shall be adjudicated in the Western Cape High Court (Cape Town) or such other competent High Court having jurisdiction.