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Ansana Holdings
(Pty) Ltd Web Site Disclaimer
The Ansana Holdings (Pty) Ltd Web Site (the "Site") is an online
information service provided by Ansana Holdings (Pty) Ltd
("Ansana Holdings (Pty) Ltd"), subject to your compliance with
the terms and conditions set forth below.
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING
THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND
BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH
TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR
USE THE SITE. Ansana Holdings (Pty) Ltd MAY MODIFY THIS
AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE
IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE.
YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF
SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE
SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED
AGREEMENT.
1. Copyright, Licenses and Idea Submissions.
The entire contents of the Site are protected by international
copyright and trademark laws. The owner of the copyrights and
trademarks are Ansana Holdings (Pty) Ltd, its affiliates or
other third party licensors. YOU MAY NOT MODIFY, COPY,
REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN
ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS,
CODE AND/OR SOFTWARE. You may print and download portions of
material from the different areas of the Site solely for your
own non-commercial use provided that you agree not to change or
delete any copyright or proprietary notices from the materials.
You agree to grant to Ansana Holdings (Pty) Ltd a non-exclusive,
royalty-free, worldwide, perpetual license, with the right to
sub-license, to reproduce, distribute, transmit, create
derivative works of, publicly display and publicly perform any
materials and other information (including, without limitation,
ideas contained therein for new or improved products and
services) you submit to any public areas of the Site (such as
bulletin boards, forums and newsgroups) or by e-mail to Ansana
Holdings (Pty) Ltd by all means and in any media now known or
hereafter developed. You also grant to Ansana Holdings (Pty) Ltd
the right to use your name in connection with the submitted
materials and other information as well as in connection with
all advertising, marketing and promotional material related
thereto. You agree that you shall have no recourse against
Ansana Holdings (Pty) Ltd for any alleged or actual infringement
or misappropriation of any proprietary right in your
communications to Ansana Holdings (Pty) Ltd.
TRADEMARKS.
Publications, products, content or services referenced herein or
on the Site are the exclusive trademarks or servicemarks of
Ansana Holdings (Pty) Ltd. Other product and company names
mentioned in the Site may be the trademarks of their respective
owners.
2. Use of the Site.
You understand that, except for information, products or
services clearly identified as being supplied by Ansana Holdings
(Pty) Ltd, Ansana Holdings (Pty) Ltd does not operate, control
or endorse any information, products or services on the Internet
in any way. Except for Ansana Holdings (Pty) Ltd-identified
information, products or services, all information, products and
services offered through the Site or on the Internet generally
are offered by third parties, that are not affiliated with
Ansana Holdings (Pty) Ltd. You also understand that Ansana
Holdings (Pty) Ltd cannot and does not guarantee or warrant that
files available for downloading through the Site will be free of
infection or viruses, worms, Trojan horses or other code that
manifest contaminating or destructive properties. You are
responsible for implementing sufficient procedures and
checkpoints to satisfy your particular requirements for accuracy
of data input and output, and for maintaining a means external
to the Site for the reconstruction of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE
SITE AND THE INTERNET. Ansana Holdings (Pty) Ltd PROVIDES THE
SITE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY
EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS
WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR
NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE,
ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE
SERVICE OR ON THE INTERNET GENERALLY, AND Ansana Holdings (Pty)
Ltd SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER
DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY
YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND
USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND
OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE
INTERNET GENERALLY. Ansana Holdings (Pty) Ltd DOES NOT WARRANT
THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT
DEFECTS IN THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET
CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT
OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT
YOUR RISK. Ansana Holdings (Pty) Ltd HAS NO CONTROL OVER AND
ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL Ansana Holdings (Pty) Ltd BE LIABLE FOR (I) ANY
INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT
NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS
INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE)
ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR
ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR
DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR
SERVICE. EVEN IF Ansana Holdings (Pty) Ltd OR ITS AUTHORIZED
REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR
OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR
INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY
NOT APPLY TO YOU. IN SUCH STATES, Ansana Holdings (Pty) Ltd
LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Ansana Holdings (Pty) Ltd makes no representations whatsoever
about any other web site which you may access through this one
or which may link to this Site. When you access a non-Ansana
Holdings (Pty) Ltd web site, please understand that it is
independent from Ansana Holdings (Pty) Ltd, and that Ansana
Holdings (Pty) Ltd has no control over the content on that web
site. In addition, a link to a Ansana Holdings (Pty) Ltd web
site does not mean that Ansana Holdings (Pty) Ltd endorses or
accepts any responsibility for the content, or the use, of such
web site.
3. Indemnification.
You agree to indemnify, defend and hold harmless Ansana Holdings
(Pty) Ltd, its officers, directors, employees, agents,
licensors, suppliers and any third party information providers
to the Service from and against all losses, expenses, damages
and costs, including reasonable attorneys' fees, resulting from
any violation of this Agreement (including negligent or wrongful
conduct) by you or any other person accessing the Service.
4. Third Party Rights.
The provisions of paragraphs 2 (Use of the Service), and 3
(Indemnification) are for the benefit of Ansana Holdings (Pty)
Ltd and its officers, directors, employees, agents, licensors,
suppliers, and any third party information providers to the
Service. Each of these individuals or entities shall have the
right to assert and enforce those provisions directly against
you on its own behalf.
5. Term; Termination.
This Agreement may be terminated by either party without notice
at any time for any reason. The provisions of paragraphs 1
(Copyright, Licenses and Idea Submissions), 2 (Use of the
Service), 3 (Indemnification), 4 (Third Party Rights) and 6
(Miscellaneous) shall survive any termination of this Agreement.
6. Miscellaneous.
This Agreement shall all be governed and construed in accordance
with the laws of South Africa applicable to agreements made and
to be performed in South Africa. You agree that any legal action
or proceeding between Ansana Holdings (Pty) Ltd and you for any
purpose concerning this Agreement or the parties' obligations
hereunder shall be brought exclusively in a federal or state
court of competent jurisdiction sitting in South Africa. Any
cause of action or claim you may have with respect to the
Service must be commenced within one (1) year after the claim or
cause of action arises or such claim or cause of action is
barred. Ansana Holdings (Pty) Ltd's failure to insist upon or
enforce strict performance of any provision of this Agreement
shall not be construed as a waiver of any provision or right.
Neither the course of conduct between the parties nor trade
practice shall act to modify any provision of this Agreement.
Ansana Holdings (Pty) Ltd may assign its rights and duties under
this Agreement to any party at any time without notice to you.
Any rights not expressly granted herein are reserved.
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