WEBSITE TERMS OF SERVICE
These Website Terms of Service Agreement (“Agreement”) sets forth the agreement between [insert Name of Company] (“Company”) and each user (“User”) making use of our website www.business.co.za (“Website”). Please read this Agreement carefully before using this Website. By using this Website, the User agrees to be bound by the terms and conditions contained in this Agreement. Should the User not agree to the terms and conditions contained in this Agreement, the User should not access or otherwise use this Website.
Acceptance of Terms of Service
The services (as defined below) that Company provides to User are subject to the following Agreement. Company reserves the right to update this Agreement at any time without notice to User. The most current version of this Agreement can be reviewed by clicking on the "Terms of Service" hypertext link located at the bottom of our web pages.
Company shall have the right at any time to change or discontinue any aspect or feature of the Website.
Company shall have the right at any time to change or modify the terms and conditions applicable to the User's use of the Website, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting notices on the Website, or by electronic or conventional mail, or by any other means by which the User obtains notice thereof. Any use of the Website by the User after such notice shall be deemed to constitute acceptance by the User of such changes, modifications or additions.
The Company provides the User with access to its Website and a variety of business related services (collectively "Services").
The User shall be responsible for obtaining and maintaining all telephone, computer hardware, software and other equipment needed for access to and use of the Website and all charges related thereto.
The User shall use the Website for lawful purposes only. The User shall not post or transmit through the Website any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without the Company's express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a User that in the Company’s discretion restricts or inhibits any other User from using or enjoying the Website will not be permitted. The User shall not use the Website to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services that are competitors of the Company.
Copyrighted Material, Trademarks and other Proprietary Information
The Website contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Website are copyrighted as a collective work under the copyright laws of South Africa. The Company owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. The User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. The User may download copyrighted material for User's personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of the Company and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. The User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
The User shall not upload, post or otherwise make available on the Website any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with the User. The User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of the Website, the User automatically grants, or warrants that the owner of such material has expressly granted the Company a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. The User also permits any other user to access, view, store or reproduce the material for that the User's personal use. The User hereby grants the Company the right to edit, copy, publish and distribute any material made available on the Website by the User.
The Company’s logos are trademarks of the Company. All rights reserved. All other trademarks appearing on Company’s Website are the property of their respective owners.
The Company shall have the right, but not the obligation, to monitor the content of the Website, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by the Company and to satisfy any law, regulation or authorised government request. The Company shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the Website. Without limiting the foregoing, the Company shall have the right to remove any material that the Company, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
Disclaimer of Warranty
The User expressly agrees that use of the Website is at User's sole risk. Neither the Company, its affiliates nor any of their respective employees, agents, third party content providers or licensors warrant that the Website will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from the provision of the Services or the use of the Website, or as to the accuracy, reliability or content of any information, service, or merchandise provided through the Website.
The Website is provided on an "as is" basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this Agreement.
The Company makes no warranty that (i) the Services will meet your requirements, (ii) the Website and/or the Services will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from use of the Services will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Website will meet your expectations, and (v) any errors on the Website will be corrected.
Any material downloaded or otherwise obtained through the use of the Website and the Services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
No advice or information, whether oral or written, obtained by you from the Website shall create any warranty not expressly stated in this Agreement.
Limitation of Liability
In no event shall Company or its suppliers, or their respective officers, directors, employees, or agents be liable with respect to the Website or the Services or the subject matter of this
Agreement under any contract, negligence, tort, strict liability or other legal or equitable theory (i) for any amount in the aggregate in excess of the greater of [insert]; (ii) for any indirect, incidental, punitive, or consequential damages of any kind whatsoever; (iii) for data loss or cost of procurement of substitute goods or services; or (iv) for any matter beyond the Company's reasonable control.
This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorised access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. The User specifically acknowledges that the Company is not liable for the defamatory, offensive or illegal conduct of other users or third parties and that the risk of injury from the foregoing rests entirely with the User.
In no event shall Company be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the provision of or failure to provide the Services, or information available from the Services.
Neither party will be responsible for any failure or delay in performance due to circumstances beyond its reasonable control, including, without limitation, acts of god, war, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, service outages resulting from equipment and/or software failure and/or telecommunications failures, power failures, network failures, failures of third party service providers (including providers of internet services and telecommunications). The party affected by any such event shall notify the other party within a maximum of fifteen (15) days from its occurrence. The performance of this Agreement shall then be suspended for as long as any such event shall prevent the affected party from performing its obligations under this Agreement.
Links to Third Party Sites
The Company is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. Company is not responsible for webcasting or any other form of transmission received from any linked site. Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Company of the website.
The User agrees to defend, indemnify and hold harmless the Company, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of the Website and the provision of the Services to the User by the Company.
Either the Company or the User may terminate this Agreement at any time. Without limiting the foregoing, the Company shall have the right to immediately terminate the User's use of the Services in the event of any conduct by the User which Company, in its sole discretion, considers to be unacceptable, or in the event of any breach by the User of this Agreement.
This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
Arbitration and Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of South Africa. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration.
Any rights not expressly granted herein are reserved.