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1 WEB SITE
1. Terms And Conditions Of Use
1.1.1 The Company Limited ("the Company") and its affiliates (together, the "the Company Group") provide this Internet web site ("Web Site"). Your use of this Web Site is subject to the following terms and conditions that the Company may revise at any time, with the revised terms taking effect as of the date of its posting.
1.1.2 PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEB SITE. By using this site, you signify your assent to these terms of use. If you do not agree to these terms of use, you may not use the Web Site.
1.2 Use of Proprietary Information on this Web Site
1.2.1 The Company maintains this Web Site for your personal information and education. You may download or print the Proprietary Information on this Web Site for your own non-commercial, educational, private or domestic use only, provided you do not delete or change any copyright, trademark, or other proprietary notices, or distort, mutilate or otherwise modify the Proprietary Information in a manner that may be prejudicial to the Company.
1.2.2 You should assume that everything you see or read on the Web Site (such as images, photographs, illustrations, icons, texts, video clips, written and other Proprietary Information) is copyrighted and protected under treaty provisions and world-wide copyright laws, unless otherwise noted, and is the Company's property ("the Company's Proprietary Information").
1.2.3 You may not sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, report or otherwise use any the Company Proprietary Information in any way for any public or commercial purpose.
1.2.4 Furthermore, you may not use or display the Company's Proprietary Information on any other web site or in a networked computer environment for any purpose. If you violate any of these terms, your permission to use the Company's Proprietary Information will automatically terminate and you must immediately destroy any copies you have made of the Company's Proprietary Information.
1.2.5 Any unauthorised use of the Company's Proprietary Information by you may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
1.3 Your Submissions or Communications
1.3.1 Any communication or material you transmit to the Web Site by electronic mail or otherwise, including, but not limited to, any data, questions or answers, comments, suggestions, or the like, will be treated as non-confidential and non-proprietary by the Company.
1.3.2 By posting communications to the Web Site, you automatically grant the Company a royalty-free, perpetual, irrevocable non-exclusive licence to use, reproduce, modify, publish, edit, translate, distribute, perform, and display such communication(s) alone, or as a part of other works in any form, media, or technology whether now known of hereafter developed and to sublicense such rights to anyone. Anything you transmit or post may be used by the Company or licensed to others by the Company for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast and posting, or developing, manufacturing and marketing products using such information.
1.4 Privacy
1.4.1 The Company analyses aggregate and non-personally identifiable data relating to usage of this site. E-mail addresses and other personally identifying data about you are made known to the Company when submitted to us. In addition, we may use previously submitted E-mail addresses and other contact information to communicate with visitors to the Web Site.
1.5 Disclaimer
1.5.1 The information on this site is intended for general information purposes only and is not intended to serve as financial or other advice. Whilst the Company tries to ensure that the information on this site is accurate and complete, much of the information is supplied to us by third parties. the Company is not able to check the accuracy or completeness of that information. Your use of the Web Site is at your own risk.
1.5.2 The Company does not warrant or represent that the Company's Proprietary Information is accurate, error-free, truthful or reliable or that your use of the Company's Proprietary Information will not infringe rights of third parties. the Company does not warrant that the functional aspects of the Web Site will be error free or that this Web Site or the server that makes it available is free of viruses or other harmful components. If your use of this Web Site or the Company's Proprietary Information results in the need for servicing or replacing property, material, equipment or data, the Company is not responsible for those costs. Without limiting the foregoing, everything on the Web Site is provided to you "AS IS" and "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF REASONABLE CARE AND SKILL, OR NON-INFRINGEMENT. the Company makes no warranties about the accuracy, reliability, completeness, or timeliness of the the Company Proprietary Information, software text, graphics, and links, or about results to be obtained from using the Web Site.
1.6 Trademark Notice
1.6.1 The trademarks, logos and service marks that you see on this site are registered and unregistered trademarks of the Company or its affiliates or are licensed to the the Company Group by third parties. Nothing contained on the Web Site should be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any trademark displayed on this Web Site without the written permission of the Company or third party who owns the trademark. Your misuse of any trademark displayed on the Web Site, or any other content on the Web Site, except as provided herein, is strictly prohibited.
1.7 Copyright Notice
1.7.1 All contents of this the Company Web Site is subject to copyright protection and reproduction of the content, or any part thereof, is prohibited without prior consent from the Company.
1.8 Links
1.8.1 On this site you may be offered links to other sites operated by parties other than the Company. The inclusion of any link to such sites does not imply endorsement by the Company of the sites or the services or products offered on such sites. the Company has not reviewed all of the sites linked to this Web Site and is not responsible for the content or accuracy of any off-site pages or any other sites linked to this Web Site. Your linking to any other off-site pages or other sites is at your own risk.
1.8.2 You may not establish a link to this Web Site from a third party site, unless:
1.8.2.1 The link does not imply any association, endorsement or sponsorship by the Company of such site or any products or services offered on such site.
1.8.3 The link is to the the Company home page at www.the Company.co.za.
1.8.4 The linked pages from the Web Site are displayed without alteration of any kind; specifically, you may not cause a user's web browser to display a "framed" version of this Web Site in response to activating a link.
2 GENERAL
2.3 Limitation of Liability
2.3.1 The Company makes no representation that the Company's Proprietary Information is appropriate or available for use in every country of the world. You use this Web Site at your own risk and are responsible for compliance with applicable local laws, keeping in mind that access to the Company's Proprietary Information may not be legal by certain persons or in certain countries. Any cause of action you may have with respect to this Web Site must be commenced within three years after the claim or cause of action arises or such claim or cause of action is barred. The waiver by the Company of a breach of any provision of this Agreement will not be interpreted as a waiver of any other or subsequent breach.
2.3.2 Under no circumstances whatsoever shall the Company be liable for any loss arising out of or in connection with the use of information available from this Web Site whether direct or indirect including, without limitation, any liability relating to any loss of use, interruption of business, lost profits or lost data, or incidental, special or consequential damages of any kind regardless of the form of action, whether in contract, tort (including negligence) or otherwise.
2.4 Enforceability
2.4.1 If any of the foregoing is not fully enforceable for any reason, the remainder shall nonetheless continue to apply.
2.5 Jurisdiction
2.5.1 These terms and conditions shall be governed by and construed in accordance with the laws of the Republic of South Africa without giving effect to any principles of conflict of law. You hereby consent to the exclusive jurisdiction of the High Court of South Africa in respect of any disputes arising in connection with your use of this Web Site, or these terms and conditions or any matter related to or in connection therewith.
Approved By: Wessel de Wet
Approval Date: 1 July 2003
Date When Policy Takes Effect: 1 July 2003
Policy Number:
Responsible Department For Updates: Distell Legal Department
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