TERMS
AND CONDITIONS AND LEGAL DISCLAIMER |
Interpretation
a) "user" - a person who uses and/or accesses computer
Software and/or material via the Power Protect site;
b) "Power Protect" – Power Protect (Pty) Ltd
established in terms of the Companies Act No. 4 of 1999;
c) "Software" - Including but not limited to any
images or files incorporated in or generated by the software
or data accompanying such software;
d) "material" - Including but not limited to: text,
submissions, images, audio and/or video in whole or in part;
e) "content" - Included but not limited to software
and material:
f) "Power Protect sites" - All the sites on the
World Wide Web controlled and/or owned by Power Protect
g) "submissions" - Including but not limited to
notes, images, creative materials, ideas, suggestions concepts,
communication including any data, questions, comments and
other information submitted in the Power Protect sites via
transmission by electronic mail or otherwise;
h) "forums" - Including but not limited to bulletin
boards, chatrooms and other public areas found on the Power
Protect sites;
In this agreement 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.
1. TRADE MARK / COPYRIGHTS AND RESTRICTIONS ON USE
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1. The sites consist of contents which are derived entirely
or in part from content supplied by Power Protect and other
sources. The said contents are protected under applicable
South African Copyright and Trade Mark Laws, International
Trade Marks and Copyright 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 material.
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 site, or unless prior written
consent from Power Protect has been obtained. Requests for
permission regarding any issue relating the contents which
fall into the ambit of the limitations stated above, can be
made by contacting Power Protect in writing at :
MANAGING DIRECTOR
PO BOX 124492
ALRODE
1451
The user is also strictly prohibited from creating works,
and/or software materials derived from or which are based
on the contents found on this site. The prohibition applies
regardless of whether the content are sold, negotiated or
given away and/or further alienated in any manner whatsoever.
2. Access and Availability of Service and Links
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Power Protect contains links to other related World Wide Web
Internet sites. No inference can be made or representation
implied that Power Protect is connected with, operates or
controls these linked web sites. Whether or not these linked
sites are in fact affiliated with Power Protect, Power Protect
is not responsible for the content on the aforesaid sites.
The linked sites are for the users convenience only and the
user access thereto is at the users own risk.
When visiting linked sites the user must refer to that linked
site's individual terms of use and can not rely on the terms
of this agreement.
3. Submissions / Bulletin Boards
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Any submissions shall be deemed to be and remain the exclusive
property of Power Protect. The various forums content, which
are found on Power Protect sites, shall be deemed to remain
the exclusive property of Power Protect.
Power Protect has the right, but not the obligation to monitor
and review submissions submitted by users, in the forums.
Power Protect shall not be responsible for any of the content
of these messages. Power Protect further reserves the right
to delete, move or edit submissions that Power Protect, 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
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The user with the inclusion of but not the limitation of,
agrees that they will not transmit submissions to Power Protect
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 Power Protect 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 Power Protect
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.
The user agrees that all submissions become the exclusive
property of Power Protect. The user agrees that they shall
be solely liable for any damage resulting from any infringement
of Copyrights, Trademarks and other proprietary rights or
any other damages resulting from such a submission. The user
further indemnifies and holds Power Protect harmless against
all claims for any damages whatsoever arising from the use
of Power Protect sites.
5. Damages, Warranty, Indemnity
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The user expressly agrees that the use of Power Protect site
is at the user's sole risk. Power Protect does not guarantee
or warrant;
• that Power Protect sites will be uninterrupted;
• that Power Protect 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 Power Protect
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 Power Protect sites.
These 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.
The user acknowledges and confirms Power Protect indemnity
to, including but not limited to, indirect, direct, incidental,
special, consequential or punitive damages arising from the
use of or inability to use Power Protect sites. The user acknowledges
that the provisions of this paragraph shall apply to all the
contents of Power Protect sites.
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 data or of profits,
whether in breach of contract, tortious action, negligence,
or under any other cause of action.
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.
6. General
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This agreement, the terms, conditions and operating rules
for Power Protect 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. The section headings used
herein are for convenience only and shall be of no legal consequence.
Power Protect 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.
Power Protect shall have the exclusive right to at any time
change or discontinue any aspect or feature of Power Protect
sites.
7. Agreement to and Termination of Agreement
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The use of or access to these 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 Power Protect sites.
If the user does not accept all the terms and conditions in
full, the user must exit the site immediately. Power Protect
has the exclusive discretion to terminate the agreement at
any time.
After the user has exited the site as aforesaid the user must
destroy all content, whether materials or software, obtained
from the site and all copies thereof.
In the event of the user failing to exit the site as aforesaid
Power Protect has the right to claim any indirect, direct,
incidental, special or punitive damages caused to Power Protect
from the users unauthorized access and/or use of Power Protect
sites. The user further indemnifies Power Protect against
any claims for damages of whatsoever nature caused to another
party by the users unauthorized use and/or access of the sites.
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