For purposes of these terms and
conditions, "MarPless" shall mean MarPless Communication Technologies (Pty) Ltd.
1
Acceptance of terms and
conditions
MarPless provides the information contained on this website and
any pages comprising the website ("website") to you subject to the terms and
conditions of use set out herein ("terms and conditions"). By accessing, using
and/or downloading any information from the website, you are deemed to have
accepted and agreed to the terms and conditions. If you do not accept and agree
to the terms and conditions, do not access, use or download any information from
the website.
2
Modification of terms and
conditions
MarPless may at any time modify the terms and conditions without
notice to you and your continued access or use of the website will be subject to
the terms and conditions in force at the time of such access or use.
Accordingly, you should review the terms and conditions periodically as your
continued access or use of the website shall be deemed to be your acceptance of
the amended terms and conditions.
3
Content of the Website
Whilst every effort is made to update the information contained
on this website on a regular basis, MarPless makes no representations or
warranties, whether express, implied in law or residual, as to the accuracy,
completeness or reliability of information, opinions, data and/or content
contained on the website and shall not be bound in any manner by any information
contained on the website. MarPless reserves the right at any time to change the
content or discontinue without notice, any aspect or feature of the website. No
opinions, research information, data or content contained on the website (and
whether posted by MarPless or a third party) should be construed as advice and
same are offered for information purposes only.
4
Links to Other Web Sites
External links may be provided for your convenience, but they are
beyond the control of MarPless and no representation is made as to their
content. Use of or reliance on any external links is at your own risk. No
hypertext links may be created from any website controlled by you (whether
directly or indirectly) to the website without the express prior written
permission of MarPless.
5
Copyright and Intellectual
Property Rights
Copyright and all
intellectual property rights in and to all materials, texts, drawings and data
made available on the website (collectively "materials") are owned by MarPless
alternatively, MarPless is the lawful user thereof and same are protected by
South African and international intellectual property laws. Accordingly, any
unauthorised copying, reproduction, retransmission, distribution, dissemination,
sale, publication, broadcast or other circulation or exploitation of the
materials or any component thereof will constitute an infringement of such
copyright and other intellectual property rights. The trademarks, names, logos
and service marks (collectively "trademarks") displayed on the website are the
registered and unregistered trademarks of MarPless. Nothing contained on the
website should be construed as granting any licence or right to use any
trademark without the prior written permission of MarPless.
6
Public Forums and User
Submissions
MarPless
is not responsible for any material submitted to the public areas by you (which
include bulletin boards, chat rooms, or any other public area found on the
website). Any material (whether submitted by you or any other user) is not
endorsed, reviewed or approved by
MarPless.
MarPless
reserves the right to remove any material submitted or posted by you in the
public areas, without notice to you, if it becomes aware and determines, in its
sole and absolute discretion, that there is a possibility that you may -
6.1 defame, abuse, harass, stalk,
threaten or otherwise violate the rights of other users or any third parties;
6.2 publish, post, distribute or
disseminate any defamatory, obscene, indecent or unlawful material or
information;
6.3 upload files that contain
viruses, corrupted files or any other similar software or programmes that may
damage the operation of Dimension Data's and/or a third party's computer system
and/or network;
6.4 violate any copyright,
trademark, other applicable laws or intellectual property rights of
MarPless
or any other third party;
6.5 submit contents containing
marketing or promotional material which is intended to solicit business.
You further agree not to use the
website to send or post any message or material that is unlawful, harassing,
defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually
orientated, racially offensive, profane, pornographic or which violates any
applicable laws and you hereby indemnify Dimension Data against any loss,
liability, damage or expense of whatever nature which Dimension Data or any
third party may suffer which is caused by or attributable to, whether directly
or indirectly, your use of the website.
7 Warranties and
Disclaimers
MarPless
makes no warranties, representations, statements or guarantees (whether express,
implied in law or residual) regarding the website.
MarPless
shall not be responsible for and disclaims all liability for any loss,
liability, damage (whether direct , indirect or consequential), personal injury
or expense of any nature whatsoever which may be suffered by you or any third
party, as a result of or which may be attributable, directly or indirectly, to
your access and/or use of the website and any information contained on the
website and you waive any and all claims which you may have against Dimension
Data in respect of any loss, liability, damage (whether direct, indirect or
consequential) or expense of any nature whatsoever, which may be suffered by you
or your dependants as a result of or which may be attributable directly or
indirectly to the aforesaid. These limitations of liability shall apply
regardless of the form of action, whether in contract, tort, delict, strict
liability or otherwise, and regardless of whether either party has been advised
of the possibility of such damages. Notwithstanding anything to the contrary
contained herein, MarPless
shall not be liable for any indirect, contingent or consequential loss
(including but not limited to loss of business or loss of profits) incurred or
sustained by you or any third party howsoever arising in respect of your use of
or reliance on the website or any information offered on or via the website.
8 General
8.1
These terms and conditions
constitute the sole record of the agreement between you and
MarPless
in relation to the subject matter hereof. Neither you nor
MarPless
shall be bound by any express, tacit or implied representation, warranty,
promise or the like not recorded herein. These terms and conditions supersede
and replace all prior commitments, undertakings or representations, whether
written or oral, between you and Dimension Data in respect of the subject matter
hereof. No addition to, variation or agreed cancellation of any provision of
these terms of use shall be binding upon
MarPless unless agreed to by
MarPless.
No indulgence or extension of time which
MarPless may grant to you
will constitute a waiver of or, whether by estoppel or otherwise, limit any of
the existing or future rights of MarPless
in terms hereof, save in the event or to the extent that
MarPless
has signed a written document expressly waiving or limiting such rights.
8.2
MarPless shall be entitled to cede, assign and
delegate all or any of its rights and obligations in terms of these terms and
conditions to any third party without notice to you.
8.3
All provisions of these terms and conditions are,
notwithstanding the manner in which they have been linked grammatically,
severable from each other. Any provision of these terms and conditions which is
or becomes unenforceable in any jurisdiction, whether due to voidness,
invalidity, illegality, unlawfulness or for any reason whatever shall, in such
jurisdiction only and only to the extent that it is so unenforceable, be
disregarded and the remaining provisions of these terms and conditions shall
remain of full force and effect.
8.4
These terms and conditions shall be governed by and
construed in accordance with the laws of England and Wales without giving effect
to any principles of conflict of law. You hereby consent to exclusive
jurisdiction of the South African courts in respect of any disputes arising in
connection with these terms and conditions or any matter related to or in
connection therewith.
These terms and conditions were last
updated on 06 October, 2010.
