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WEBSITE TERMS AND CONDITIONS
Between (i) Web Find CC (hereinafter referred to as "The Company"); and (ii) the USER.
The services, products, materials and information offered by means of the use of this website and/or the online services feature are provided to you, as the User, subject to your acceptance of these terms and conditions. When using, browsing or accessing this website and/or online services, you accept all the terms and conditions, including, in particular, the limitations on use, liability and warranty set out hereunder.
1. OWNERSHIP. This website, the content thereof, the products and the online services are the property of the Company and all proprietary rights therein vest in the Company. The User acknowledges that ownership of all trade marks indicated on the website, vest in the Company and that it is not authorised to use, amend or exploit any of the trade marks in any manner whatsoever, without the prior written consent of the Company. The User furthermore acknowledges that the information and documentation contained in this website is the proprietary information and copyrighted material of the Company and that no party is entitled to use or exploit any of the proprietary information or copyrighted material of the Company without the prior written consent of the Company.
2. NO IMPROPER USE OR UNLAWFUL CONDUCT. The User hereby agrees not to use this website and services for any purpose that is unlawful, improper or prohibited by these terms and conditions. Improper actions include, but are not limited to: activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties; activities prohibited by the laws of the Republic of South Africa and/or foreign territories in which the User is resident or conducts business; activities designed to encourage unlawful behaviour by others, the invasion of the privacy of a third party, racially, ethnically, or otherwise objectionable; and activities designed to impersonate the identity of a third party.
3. USE OF SERVICES. The User agrees that it will only use this website, the information contained thereon and the online services in respect of the specific purposes for which it is created for. In using the website, information or online services, the User will not: (a) disrupt or interfere with any other user's enjoyment of such services or materials or any affiliated or linked sites, (b) upload, post or otherwise transmit any viruses or other harmful, disruptive or destructive files, (c) create a false identity, (d) use or attempt to use another's account, password, service or system without authorisation from the Company, (e) access or attempt to access any service or content which the User is not authorized to access, (f) disrupt or interfere with the security of, or otherwise cause harm to, any system resources, accounts, passwords, servers or networks connected to or accessible through such feature or any affiliated or linked sites, (g) conduct any surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise), (h) threaten, defame, abuse, harass, stalk or otherwise violate the legal rights (such as rights of privacy and publicity) of others, (i) publish, post, upload, distribute or disseminate any defamatory, obscene, or unlawful topic, name, material or information; (j) upload or otherwise make available files that contain images, photographs, software or other material protected by intellectual property laws, including, without limitation, copyright, trademark, patents, designs, privacy and publicity laws unless the User own or control the rights thereto or have received all necessary authority to do the same, (k) advertise or offer to sell or buy any goods or services for any purpose, (l) violate any laws or regulations of the Republic of South Africa or any other applicable country.
4. LIMITATION OF LIABILITY. The use of this website and online services is at the User's own risk. In no event, including without limitation, negligence, will the Company, its subsidiaries, affiliates, agents, officers, directors, employees, partners or suppliers be liable to the User or any third party for any damages whatsoever, including, without limitation, special, punitive, incidental, indirect or consequential damages of any kind, or those resulting from loss of use, data or profits, whether or not the Company has been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the use of or the inability to use the online services, products, materials or information, the statements or actions of any third party on or through the online services, products, materials or information or any dealings with vendors or other third parties, any unauthorized access to or alteration of your transmissions or data, any information that is sent or received or not sent or received, any failure to store or loss of data, files or other content, any services available through the online services or website that are delayed or interrupted, or any website referenced or linked to from the online services feature.
5. INDEMNITY. The User hereby agree to indemnify and holds the Company, and its subsidiaries, affiliates, officers, agents, partners, employees and suppliers harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of (a) the User's use of the website and online services; (b) the User's violation of these terms and conditions or (c) the User's violation of any law, rule or regulation or the rights of any other person or entity.
6. THIRD PARTY SITES AND SERVICES. This website and online services may also make available other services, service providers, dealings, web sites and/or web pages operated by third parties offering material, information and online services (the "third party service"). The use of the third party services and the use of information collected by the operators of such services / sites are governed by the terms of use and privacy policies found at such sites (if any). Third party services are made available only as a convenience, and the inclusion within the online services of any link to a third party service does not imply endorsement by the Company of the operator of such site or any association between the Company and such operator. Any dealings between the User and any third party in connection with a third party service, including the delivery of and payment for goods and services and any other terms, conditions, warranties or representations associated with such dealings, are solely between the User and such third party or the operator of such site. The Company will not be responsible or liable for any part of any such dealings.
7. NO WARRANTY. Except as expressly provided otherwise in a written agreement between the User and the Company, and except for any warranty, condition, representation or term to the extent to which the same cannot or may not be excluded or limited by law applicable to the User in its jurisdiction; this website, online services, and all products, materials and services offered through or in association with such features, are provided "as is" without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement. Without limiting the foregoing, the Company and its suppliers make no warranty that (a) the website, online service, other services, products or materials will meet the User's requirements, (b) the website, online service, other services products or materials will be uninterrupted, timely, secure, or error-free, (c) the results that may be obtained from the use of the website, online service or other services and materials will be effective, accurate or reliable, (d) the quality of the website, online service, or any products, materials or other services will meet the User's expectations and (e) any errors in any software obtained from or used through the website, online services, products and materials, or any defects in the services and products or materials, will be corrected, or that (f) the information provided will be accurate. The Company expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
8. ACCURACY OF INFORMATION AND PRODUCTS. The website and online services and other services, products and materials could include technical or other mistakes, inaccuracies or typographical errors. The Company may make changes to the website, online services, other services, information, products and materials, including the prices and descriptions of any products, at any time without notice. The information, services, products and materials may be out of date, and the Company gives no undertaking of any manner whatsoever to update such information, services or materials.
9. MODIFICATION. The Company reserves the right to change these terms and conditions without notice to the User. The User is responsible for reviewing these terms and conditions each time it uses the website and online services. The User's continued use of the website and online services constitutes the User's agreement to the then current terms and conditions.
10. GENERAL. This agreement constitutes the entire agreement between the parties. In the event of the invalidity of any part or portion of this agreement for any reason whatsoever, such invalidity shall not affect the validity or enforceability of any other part or provision of this agreement and such invalid part or portion shall be deemed to have been struck out of the agreement. No waiver by the Company in respect of the User's actions or omissions with regard to any breach, failure or default in performance by the User, and no failure, refusal or neglect by the Company to exercise any right hereunder or to insist upon strict compliance with or performance of the User's obligations under this agreement, shall constitute a waiver of the provisions of this agreement and the Company may at any time require strict compliance with the provisions hereof.
11. INTELLECTUAL PROPERTY
11.1 All intellectual property on the WEB FIND website, including but not limited to content, trademarks (or any confusingly similar trademarks), logos, pictures, video, downloads, domain names, patents, design elements, software, source code, meta tags, databases, text, graphics, icons and hyperlinks are the property of or licensed to WEB FIND and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights licensed to the User in clause 2, all other rights to intellectual property on the WEB FIND website are expressly reserved.
11.2 No person may use logos, icons or trade marks from the WEB FIND website as hyperlinks or other purposes without WEB FIND's prior written consent.
12. HYPERLINKS TO THIRD PARTY SITES
12.1 WEB FIND may provide hyperlinks to websites not controlled by WEB FIND ("target sites") and such hyperlinks do not imply any endorsement, agreement on or support of the content, products and/or services of such target sites.
12.2 WEB FIND does not editorially control the content, products and/or services on target sites and shall not be liable, in any manner whatsoever, for the access to, inability to access, use, inability to use or content available on or through target sites.
13. GOVERNING LAW AND JURISDICTION. These terms and conditions will be governed by and construed in accordance with the laws in force in the Republic of South Africa.
14. LEGAL COSTS WEB FIND shall not be liable for costs incurred by Users to obtain professional advice relating to these terms and conditions.
15. INDEMNITY
15.1 Without prejudice to any of the rights of The company at law or under these Terms, you will have no claim against and hereby indemnify The company, its directors, employees, agents, representatives and Manufacturers against any loss or damages of whatever nature and howsoever arising which Business Images or any third party may suffer or incur arising out of your use of the Products, Data, the Services and/or the Website, including without limitation -
15.1.1 any breach by you of these Terms, including your use of the Website for any purpose that is unlawful under South African law, international law or the law of any jurisdiction applicable to you; and
15.1.2 any action taken by The company pursuant to your instructions or instructions that purport to emanate from you;
15.2 The company will not be liable to you or any third party and you hereby waive whatever claims you may have against The company, its directors, employees, agents, representatives and Partners for any expense, loss or damage of whatever nature that you may suffer or sustain as a result of or arising from -
15.2.1 any errors, omissions or corruption of information including any errors that may occur as a result of changes in applicable legislation and/or any inaccuracy or error occurring in respect of the details supplied by you;
15.2.2 any unavailability of the Website, Products, Data or Services for whatever reason including the failure or delay by any third party service providers to render any service necessary to ensure the availability of the Website, Products, Data and/or Services;
15.2.3 any virus or any illicit or malicious computer system program that attaches itself to and infects, corrupts or destroys other programs or systems;
15.2.4 any unauthorised access by third parties to the Website, Products, Services or Data or the interception of communications between us;
15.2.5 any failure, errors or delay in receiving or acting on your instructions or stopping or cancelling any transaction;
15.2.6 any failure, errors or delay in making available any Products or related communications envisaged herein to you.
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