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Friday, 04 July 2008
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Disclaimer

 

* Access and Use

* Restrictions

* Copyrights

* Trademarks

* Third Party Sites

* Information Provided by You

* Disclaimer and Waiver

* Limitation of Liability

* International Users, Export and Choice of Law

* Severability; Entire Agreement

 

Access and Use

This Website is owned by and under the control of SACallback, a South African based company ("SACallback"). Access to and use of this Website and SACallback's services, materials, information, databases and systems are subject to these Notices and Disclaimers, SACallback Terms and Conditions of Sale in effect and applicable laws and regulations (including all export and import laws, regulations and restrictions), all of which are subject to change and revision from time to time without prior notice. From time to time, SACallback may (a) supplement or make changes to these Notices and Disclaimers, SACallback Terms and Conditions of Sale and other rules or access and use procedures, documentation, security procedures and standards for equipment, (b) change the type and location of SACallback's system equipment, facilities or software, or (c) modify or withdraw any particular service or product referred to in this Website or any SACallback database, material, service or system. SACallback reserves the right to terminate access to this Website or take other actions it reasonably believes necessary to comply with the law or to protect its rights or customers. Any access or attempt to access or use this Website for any unauthorized or illegal purpose is strictly prohibited. SACallback reserves the right, in its sole discretion and without any obligation, to correct any error or omissions in any portion of this Website or any SACallback service, database, materials or system.

Restrictions

Without SACallback's prior written consent, which consent may be given or withheld in SACallback's sole discretion, you may not: (a) resell, sublicense, rent, lease or otherwise publicly display, perform or distribute any SACallback information, services, database or material or any part or parts thereof or information contained therein, or any access thereto; (b) use your access to this Website or SACallback's services, databases, materials or system to export or re-export technical data in violation of South African export control laws and regulations; (c) use this Website or any SACallback material, service, information or database which you access in violation of, or post any information to any SACallback owned or licensed database which violates, any law, including data privacy laws and communication regulations and tariffs, or which infringe the intellectual property rights or misuses proprietary information of a third party or is made in furtherance of an illegal or fraudulent scheme or activity; (d) copy or transfer any SACallback information, database, materials or documentation, except as permitted by SACallback; or (e) modify, adapt, reverse engineer, decompile, disassemble, translate or convert any portion of SACallback's databases or system, or the selection, coordination or arrangement of products or services in any SACallback database.

Copyrights

Your right to access and use this Website and the information and materials accessible through or in this Website, does not transfer to you title in such information or the materials. You must retain, on all copies of the materials downloaded, all copyright and other proprietary notices contained in the materials. You agree to abide by all additional restrictions displayed on this Website as it may be updated from time to time. This Website, including all materials, is copyrighted and protected by worldwide copyright laws and treaty provisions. You agree to comply with all copyright laws worldwide in your use of this Website and to prevent any unauthorized copying of the materials. Except as expressly provided herein, SACallback does not grant any express or implied rights to you under any patents, trademarks, copyrights or trade secret information. This Website may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Any rights not expressly granted herein are reserved to SACallback.

Trademarks

Except as otherwise identified, the trademarks appearing at this Website, whether registered or unregistered, are the property of SACallback. Such marks are not to be copied, reproduced, published or in any way used without the written permission of SACallback or the identified owner of the trademark. Except as otherwise identified, the copyright in the content of this Website is owned by SACallback. No portion of this Website may be copied or reproduced for commercial purposes without the express written permission of SACallback or the identified owner of the information and content.

Third Party Sites

As a convenience to you, SACallback may provide, on this Website, links to web sites operated by other entities. If you use these sites, you will leave this Website. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. SACallback advises you to exercise discretion while browsing this Website and the Internet. Links on this Website may direct you to sites containing information that some people may find offensive or inappropriate. SACallback makes no warranty or representation regarding, and does not endorse, any linked web sites or the information appearing thereon or any of the products or services described thereon. Links do not imply that SACallback or this Website sponsors, endorses, is affiliated or associated with or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of SACallback or any of its divisions, affiliates or subsidiaries. No person may establish Hyperlinks either to this Website or away from this Website without the prior written consent of an appropriate SACallback employee, which consent may be given or withheld in SACallback's sole discretion. All Hyperlinks approved shall be to the home page of this Website, unless SACallback specifically agrees in writing otherwise.

Information Provided by You

Except with respect to orders for SACallback product or services you place using this Website and your payment means and methods, SACallback does not want you to, and you should not, send any confidential or proprietary information to SACallback via the Website. You agree that any information or materials that you or individuals acting on your behalf provide to SACallback will not be considered confidential or proprietary. By providing any such information or materials to SACallback, you grant to SACallback an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute such information and materials, and you further agree that SACallback is free to use any ideas, concepts or know-how that you or individuals acting on your behalf provide to SACallback. You further recognize that SACallback does not want you to, and you warrant that you shall not, provide any information or materials to SACallback that is defamatory, threatening, obscene, harassing or otherwise unlawful, or that incorporates the proprietary material of another.

Disclaimer and Waiver

Subject to SACallback's terms and conditions of sale and product and service warranties, all products, services, information, materials and databases provided on this website or accessible through this website are provided "as is" and without warranty of any kind, and you hereby waive all other warranties relating thereto, including but not limited to any warranty of merchantability, fitness for a particular purpose or warranty against interference or infringement. SACallback does not warrant that any product, service, information, material, database or other product or the SACallback system will meet your requirements, that the operation of any national standard product, service, database, material or other product or any third party services, programs, systems or data used with or through or provided by national standard, or any part thereof will be uninterrupted or error free or that any defects in such services, information, databases, materials or system will be or can be corrected. You assume the responsibility to take adequate precautions against damages to your systems or operations which could be caused by defects or deficiencies in this website, any SACallback product, service, information, database, material or system or part thereof. You also acknowledge that electronic communications and databases are subject to errors, tampering and break-ins and that while SACallback will implement reasonable security precautions to attempt to prevent such occurrences, SACallback does not guarantee that such events will not take place. Your installation and inputs, as well as third party systems and procedures, influence the output and errors in any order or electronic transmission or communication, and can result in substantial errors in output, including incorrect information, orders and agreements. In addition, errors may be introduced into information or orders in the course of their transmission over electronic networks. You shall implement and take responsibility for appropriate review and confirmation procedures to verify and confirm orders or other transactions in which you participate using SACallback's website, products, services, information, databases, materials or systems. You also are solely responsible for ensuring that any posting made by or for you to this website or any SACallback product, service, system or database does not contain any virus or other computer software code or routine designed to disable, erase, impair or otherwise damage the website or any system, software or data of SACallback or any other user of the SACallback, products, services, information, databases, materials or system. You hereby agree to indemnify, defend and hold national standard and its vendors, representatives and licensors harmless from any liability, claim, cost or damage arising out of any claim or suit by any such user caused by such virus or code or subroutine. Limitation of Liability In no event shall SACallback have any liability to you (including liability to any person or persons whose claim or claims are based on or derived from a right or rights claimed by you) with respect to any and all claims at any and all times arising from or related to the subject matter of this website, in contract, tort, strict liability or otherwise. Some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Neither SACallback nor its vendors, representatives or licensors shall in any event be liable to you or to any third party for any lost profits, revenues, business opportunities or business advantages whatsoever, nor for any direct, indirect, special, consequential, indirect or incidental losses, damages or expenses directly or indirectly relating to the use or misuse of this website, or with respect to any other linked website, or any SACallback product, service, information, database, material, system or software used therewith, the use or failure, non-compliance or limited availability of any product or service provided by SACallback through this website, any information provided in the SACallback system or any database or any obligation under or subject matter of this website, whether such claim is based upon breach of contract, breach of warranty, negligence, gross negligence, strict liability in tort or any other theory of relief, or whether or not national- standard is informed in advance of the possibility of such damages.

International Users, Export And Choice of Law

This Website is operated and administered by SACallback from its offices within South Africa. SACallback makes no representation that materials at this site are appropriate or available for use at other locations outside of South Africa and access to them from territories where their contents are illegal is prohibited. You may not use this Website or export the materials in violation of South African export laws and regulations. If you access this Website from a location outside of South Africa, you are responsible for compliance with all local laws. You agree to comply with all applicable export laws, regulations and restrictions. Information SACallback places on or makes available through this Website may contain references or cross references to SACallback or third party products, programs and services that are not announced or available in your country. Such references do not imply that either SACallback or such third party intends to announce or make available such products, programs or services in your country. Consult SACallback or the applicable third party for information regarding any such products, programs and services. The use by you of this Website, the SACallback products, services, information, databases, materials or system and any and all other matters between SACallback and you related hereto shall be governed by applicable South African law. You hereby agree and waive any right to a trial in any suit arising out of or relating to this Website or the SACallback products, services, information, databases, materials or system. Any suit or proceeding arising out of or relating hereto must be commenced within one year from the date the right, claim, demand or cause of action being asserted first arose. Venue for all disputes arising out of or relating to this Agreement shall be South Africa.

Severability; Entire Agreement

If any part or parts of these Notices and Disclaimers is held by a court of competent jurisdiction to be invalid, the remaining parts will continue to be valid and enforceable. These Notices and Disclaimers, as well as SACallback's Privacy Policy and Terms & Conditions constitutes the entire agreement between SACallback and you with respect to your use of the Website and purchase of products and services hereunder. Nothing in these Notices and Disclaimers affects any statutory rights of consumers that cannot be waived or limited by contract.

 
Callback Rates 2007