Welcome to our site. We maintain this Web site as a service to our customers. By using our site you are agreeing to comply with and be bound by the following terms of use. Please review the following terms carefully. If you do not agree to these terms, you should not review information or obtain goods or products from this site.
- Acceptance of Agreement.
You agree to the terms and conditions outlined in this Terms of Use Agreement ("agreement") with respect to our site ("the site"). This agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the site, the content, products or services provided by or through the site, and the subject matter of this agreement. This agreement may be amended at any time from time to time by use without specific notice to you. The latest agreement will be posted on the site, and you should review this agreement prior to using the site.
- Copyright:
The content, organisation, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the site, except as allowed by paragraph 4, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the site. The posting of information or materials on the site does not constitute a waiver of any right in such information and materials.
- Trademarks:
Other product and company names mentioned on the site may be trademarks of their respective owners.
- No Offer:
You shall not view anything on this site as an offer but merely as an invitation to do business. The mere sending of data shall not bind us to any agreement.
- Limited right to Use:
The viewing, printing or downloading of any content, graphic, form or document from this site grants you only a limited, non-exclusive license for use solely by you for your own personal use and not for purposes of republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution).
- Editing, Deleting and Modification:
We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the site.
- Indemnification:
You agree to indemnify, defend and hold us and our partners, attorneys, staff and affiliates (collectively, "affiliated parties") harmless from any liability, loss, claim and expense, including legal fees, related to your violation of this agreement or use of the site.
- Non-transferable:
Your right to use the site is not transferable. Any password or right given to you to obtain information or documents is not transferable.
- Disclaimer and Limits
The information from or through the site is provided "as is", "as available", and all warranties, express or implied, are disclaimed (including but not limited to the disclaimer of any implied warranties of merchantability and fitness for a particular purpose). The information and services may contain bugs, errors, problems or other limitations. We and our affiliated parties have no liability whatsoever for your use of any information or service. In particular, but not as a limitation thereof, we and our affiliated parties are not liable for any indirect, special, incidental or consequential damages (including damages for loss of business, loss of profits, litigation or the like), whether based on breach of contract, breach of warranty, delict (including negligence), product liability or otherwise, even if advised of the possibility of such damages. The negation of damages set forth above is a fundamental element of the basis of the agreement between you and us. This site and the information would not be provided without such limitations. No advice or information, whether oral or written, obtained by you from us through the site shall create any warranty, representation or guarantee not expressly stated in this agreement.
All responsibility or liability for any damages cause by viruses contained within the electronic files on the site including forms and documents is disclaimed. We will not be liable to you for any incidental, special or consequential damages of any kind that may result from use of or inability to use the site. Our maximum liability to you under all circumstances will be equal to the purchase price you pay for any goods, services or information.
- Procedure for Making Claims of Copyright Infringement:
In accordance with the Electronic Communications and Transactions Act, No. 2 of 2002, we have appointed our information officer as the agent to receive all notifications of alleged copyright infringement. Any notifications of claimed copyright infringement must be sent either to the manager at
or sent to: SAPO
- Use of Information
We reserve the right, and you authorise us, to use and assign all information regarding site uses by you and all information provided by you in any manner consistent with our privacy policy.
- Third party services:
We allow access to or advertise third-party merchant sites ("merchants") from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and merchants. You agree that use of such merchants is at your sole risk and is without warranties of any kind by us, express, implied or otherwise including warranties of title, fitness for purpose, merchantability or non-infringement. Under no circumstances are we liable for any damages arising from the transactions between you and merchants or for any information appearing on merchant sites or any other site linked to our site.
- Third party Merchant Policies:
All rules, policies (including privacy policies) and operating procedures of merchants will apply to you while on such sites. We are not responsible for information provided by you to merchants. We and the merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
- Privacy Policy:
Our Privacy Policy, as it may change from time to time is part of this agreement.
- Links to other web sites:
The site contains links to other web sites. We are not responsible for the content, accuracy or opinions expressed in such web sites, and such web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked web site on our site does not imply approval or endorsement of the linked web site by us. If you decide to leave our site and access these third-party sites, you do so at your own risk.
- Miscellaneous:
This agreement shall be treated as if it were performed and executed in the Republic of South Africa and shall be governed by and construed in accordance with the laws of South Africa (without regard to conflict of law principles). Any cause of action by you with respect to the site (and/ or any information, products or services related thereto) must be instituted within one (1) year after the cause of action arose or forever be waived and barred. All actions shall be subject to the limitations set forth in paragraphs 9 and 11 above. The language in this agreement shall be interpreted as in accordance with its fair meaning and not strictly for or against either party. All legal proceedings arising out of or in connection with this agreement shall be brought solely in Cape Town in South Africa. You expressly submit to the exclusive jurisdiction of the said courts and consent to extraterritorial service of process. Should any part of this agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the site is in conflict or inconsistent with this agreement, this agreement shall take precedence. Our failure to enforce any provision of this agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.
- No Warranties
We make no warranty that the site will meet your requirements and do not guarantee continuous, uninterrupted, error free or secure access to the site and further reserve the right to suspend any of our services at any time and/or prevent your access to any of our services or content at any time at our sole and absolute discretion. We shall not be responsible or liable to you for any loss of content (including any orders for products and services) uploaded to or transmitted through the site.
- Links, Deep Linking and Framing to the Site:
While we welcome links and referrals to the site, we would like to have control over such activities partly to preserve the integrity and image of the site. Do not hesitate to seek our consent if you intend to link the site from your web site.
Direct links to an internal or subsidiary page of the site (commonly known as “deep linking”) or the indirect use of any services or content provided in the site is strictly prohibited without our express written consent. Incorporating any part of the site or any content found therein as part of your own web page (commonly known as “framing”) is also strictly prohibited. Consents and permissions for such activities should be directed to our
.
- Relationship:
You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this agreement or use of this site.
The site is intended for use only by persons residing and accessing same within South Africa. If you access the site from outside South Africa, you do so at your own risk and are responsible for ensuring compliance with all laws in the place where you are located.
- International Use:
We do not represent that all content, materials, services or products on our site are appropriate or available for use in all geographic locations, and in some locations outside South Africa accessing such may be illegal and prohibited. Those who do access content, materials, services or products from such locations act on their own initiative and we are not responsible for their compliance with local laws or other applicable laws. You will not access the foregoing where prohibited by law.
(Updated August 2003) © 2003 JAN S. DE VILLIERS ATTORNEYS All Rights Reserved |