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DISCLAIMER AGREEMENT
PLEASE READ THIS DISCLAIMER BEFORE USING THE WEB SITE
1. INTELLECTUAL PROPERTY RIGHTS AND RESTRICTIONS ON USE
1. The web sites consist of contents, which are derived entirely or in part from
content supplied by the Company and other sources. The said contents are protected
under applicable South African Intellectual Property laws, and applicable International
Intellectual Property laws and conventions.
2. The user, with the inclusion of but not the limitation of, may not reproduce,
duplicate, publish, modify, copy, download, upload in any manner, post, broadcast
or transmit, reverse engineer or disenable, display, or distribute or in any way
exploit any of the contents that being software and/or information. Except in so
far that the user may download one copy of the content on any single computer for
the user's personal, non-commercial home use only. Provided that all propriety notices
and restrictions attached onto the content are kept intact, unless expressly permitted
by the web site, or unless prior written consent from the Company has been obtained.
Requests for permission regarding any issue relating the contents which fall into
the ambit of the limitations stated above or any other queries regarding information
in this agreement, can be made by contacting the Company at :
1 Windsor Rd, Luiperdsvlei, Mogale City
The user is also strictly prohibited from creating works, and/or software derived
from or which are based on the contents found on this web site. The prohibition
applies regardless of whether the contents are sold, negotiated or given away and/or
further alienated in any manner whatsoever.
2. ACCESS AND AVAILABILITY OF SERVICE AND LINKS
1. The web site contains links to other related World Wide Web Internet web sites.
No inference can be made or representation implied that the COMPANY is connected
with, operates or controls these linked web sites. Whether or not these linked web
sites are in fact affiliated with the COMPANY, the COMPANY is not responsible for
the content on the aforesaid web sites. The linked web sites are for the users convenience
only and the user access thereto is at the users own risk.
2. When visiting linked web sites the user must refer to that linked web site’s
individual terms of use and can not rely on the terms of this agreement.
3. The user must verify all information obtained from the COMPANY web sites and/or
linked sites, from the local COMPANY office.
3. SUBMISSIONS / FORUMS
1. Any submissions shall be deemed to be and remain the exclusive property of the
COMPANY. The various forums contents, which are found on the COMPANY web sites,
shall be deemed to remain the exclusive property of the COMPANY.
2. The COMPANY has the right, but not the obligation to monitor and review submissions
submitted by users, in the forums. The COMPANY shall not be responsible and/or liable
for any of the content of these messages. The COMPANY further reserves the right
to delete, move or edit submissions that the COMPANY, in its exclusive discretion,
deems abusive, defamatory, obscene or in violation of any Copyright or Trademark
laws or otherwise objectionable.
4. RULES OF CONDUCT FOR THE USER
1. The user with the inclusion of but not the limitation of, agrees that they will
not transmit submissions on or to the COMPANY web sites that;
• Use any of the forums for illegal purposes;
• Are for purpose of spamming;
• Restrict or inhibit any other user from using and enjoying the forums;
• Are unlawful, threatening, abusive, defamatory, obscene, vulgar, profane pornographic
and/or allow for indecent information that constitutes a criminal offence and/or
gives rise to a civil liability claim or otherwise violates any local, national
or international law;
• Violate the Copyright, Trademark or other Intellectual Property rights of any
other person by the submission of the content to the COMPANY web sites through the
forums or other avenues, which allow for such submissions. The user by the transmission
of content in any manner whatsoever, represents to the COMPANY that they are the
rightful owner of such content transmitted or that the user has obtained permission
from the rightful owners to submit such content transmitted;
• Contain viruses or other harmful content;
• Are intended for commercial purposes, contain marketing or promotional materials
or are intended to solicit donations.
2. The user agrees that all submissions become the exclusive property of the COMPANY.
The user agrees that they shall be solely liable for any damage resulting from any
infringement of Copyrights, Trademarks and other applicable Intellectual Property
rights or any other damages resulting from such a submission.
5. DAMAGES, WARRANTY, INDEMNITY
1. The user expressly agrees that the use of the COMPANY web site is at the user's
sole risk. The COMPANY does not guarantee or warrant;
• that the COMPANY web sites will be uninterrupted and permanently online;
• that the COMPANY web sites will be default free and that the defects will be corrected;
• that the results that may be obtained from the use or application from information
gained from the COMPANY web sites in so far as accuracy and content, of any such
information is concerned;
• that the servers that make the content available are free from viruses and other
harmful content;
• any merchandise provided through the COMPANY web sites.
• that the currency rates are accurate. When using the said information for any
financial purposes, the COMPANY advises the user to consult a qualified professional.
2. These web sites are provided "AS IS" and on an "IS AVAILABLE" basis, without
any representation or endorsement made and without warranty of any kind whether
express or implied, including but not limited to warranties of satisfactory quality,
non- infringement, title, security and compatibility.
3. The user acknowledges and confirms the COMPANY indemnity to, including but not
limited to, indirect, direct, incidental, special, consequential or punitive damages
arising from the use of or inability to use COMPANY web sites. The user acknowledges
that the provisions of this paragraph shall apply to all the contents of the COMPANY
web sites. The information contained in this web site has been prepared specifically
for the purpose of providing information about the COMPANY, its subsidiaries and
the services that they offer. It does not constitute any offers unless specifically
indicated and must not be relied upon in connection with any investment decision.
4. The disclaimer of liability applies to damages or injury, including but not limited
to, indirect, direct, incidental, special, consequential or punitive damages or
any damages whatsoever arising from use or loss of use of information or of profits,
whether in breach of agreement, delictual action, negligence, or under any other
cause of action.
5. If any of the terms and conditions of this agreement should be deemed to be unlawful,
invalid or otherwise unenforceable by reason of the laws of any state or country
in which these terms and conditions are intended to be effective than to the extent
only and within the jurisdiction in which that term and condition is illegal, invalid
or unenforceable, it shall be severed and deleted from this agreement and the remaining
terms and conditions shall survive, remain in full force and effect and continue
to be binding and enforceable.
In sum, the user therefore indemnifies and holds the COMPANY harmless against all
claims for any damages whatsoever arising from the use of the COMPANY web sites.
6. GENERAL
1. User represents and warrants that he or she is at least 21 years of age and/or
a major and possesses the legal right and ability to enter into this agreement and
to use this web site in accordance with the terms and conditions herein. The user
agrees to supervise all Internet usage by minors of this web site, under the user's
name or account. The user agrees to be financially responsible for all use of this
web site (as well as for use of user's account by others, including but without
limitation minors living with the user). The user shall be completely responsible
for all charges, fees, duties, taxes and assessments arising out of the use of this
web site.
2. The COMPANY provides services and programs in many parts of the world. The COMPANY
web sites may refer to certain services or programs, which are not available worldwide,
without specifically mentioning the countries in which the services or programs
are available. Such reference does not imply that COMPANY intends to offer such
service or programs in all countries or locations.
3. This agreement, the terms, conditions and operating rules for the COMPANY web
sites constitute the entire agreement between the parties with respect to the subject
matter hereof. The agreement and the terms and conditions shall be governed and
construed in accordance with the laws of the Republic of South Africa. Any dispute
arising here from shall be exclusively subject to the jurisdiction of the Courts
and/or Tribunals of the Republic of South Africa.
4. The COMPANY may at any time revise these terms and conditions by updating the
postings. The user is bound by such revisions and should therefore periodically
visit this agreement to review the then current terms and conditions to which the
user is bound.
5. The COMPANY shall have the exclusive right to at any time change or discontinue
any aspect or feature of the COMPANY web sites.
6. The section headings used herein are for convenience only and shall be of no
legal consequence. In this disclaimer unless it appears to the contrary, the singular
shall include the plural and visa versa, any reference to any gender shall also
includes the opposite gender and any reference to a natural person, shall include
legal person and visa versa.
7. ACCEPTANCE AND TERMINATION
1. The use of or access to these web sites constitutes the users acceptance of terms
and conditions hereof, which are binding on the user and take effect on a date which
the user first makes use of, or access to the COMPANY web sites and/or it linked
sites.
2. If the user does not accept all the terms and conditions in full, the user must
exit the web site immediately. The COMPANY has the sole discretion to terminate
this agreement at any time.
3. After the user has exited the web site as aforesaid the user must destroy all
content, whether information or software, obtained from the web site and all copies
thereof.
4. In the event of the user failing to exit the web site as aforesaid the COMPANY
has the right to claim any indirect, direct, incidental, special or punitive damages
caused to the COMPANY from the users unauthorized access and/or use of the COMPANY
web sites. The user further indemnifies the COMPANY against any claims for damages
of whatsoever nature caused to another party by the users unauthorized use and/or
access of the web sites.
INTERPRETATION
a) "user" - a person who uses and/or accesses computer Software and/or information
via the COMPANY web site;
b) "COMPANY" - F&R Phakisa.;
c) "Software" - Including but not limited to any images or files incorporated in
or generated by the software or data accompanying such software;
d) "information" - Including but not limited to: text, submissions, images, audio
and/or video in whole or in part;
e) "content" - Including but not limited to software, information any submissions:
f) "COMPANY web sites" - All the web sites on the World Wide Web controlled and/or
owned by the COMPANY;
g) "submissions" - Including but not limited to e-mails, notes, images, creative
materials, ideas, suggestions concepts, communication including any data, questions,
comments and other information submitted in the COMPANY web sites via transmission
by electronic mail or otherwise;
h) "forums" - Including but not limited to bulletin boards, chat-rooms and other
public areas found on the COMPANY web sites or still in development for COMPANY
web sites;
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