1. INTENDED AUDIENCE/USE:
1.3 This Web site and all the information, communications, downloads, software, scripting, photos, text, video, graphics, music, sounds, images and other materials and services found on the Site (collectively "Content"), is intended for the lawful use of Promark’s customers, dealers, employees and members of the general public. The Site is controlled and operated in whole or in part by Promark from its offices within South Africa. Promark makes no representation that these materials are appropriate or available for use in other locations. Those who access the Site do so at their own risk. You acknowledge that Promark reserves the right in its sole discretion to refuse or terminate access to the Site by you at any time.
1.4 If you are under the age of 18, you must ask your parents or guardian before you:
1.4.1 E-mail the site, or ask us to e-mail you anything; or
1.4.2 Send in any information; or
1.4.3 Enter any contest.
2. RESTRICTIONS ON USE OF CONTENT:
2.1 THE UNAUTHORISED COPYING, DISPLAYING OR OTHER USE OF ANY CONTENT FROM THIS SITE IS A VIOLATION OF THE LAW.
2.2 You acknowledge having been advised by Promark that the Content is protected in South Africa and internationally by a variety of laws, including but not limited to, copyright laws and treaty provisions, trademark laws, patent laws, and other proprietary rights laws (collectively "Rights").
2.3 In addition to Promark’s Rights in individual elements of the Content, Promark or its licensors own a copyright in the selection, coordination and arrangement of the Content.
3. TRADEMARKS AND SERVICE MARKS:
There are a number of proprietary logos, service marks, trademarks, slogans and product designations found on this Site. By making them available on this Site, Promark is not granting you a license to use them in any fashion. Access to this Site does not confer upon you any license under any of Promark’s or any third party's intellectual property rights.
4. PRIVACY AND SECURITY:
5.1 No person, business or web site may link to any page on this site without the prior written permission of Promark.
5.2 This Site may provide links to other third-party World Wide Web sites or resources. Promark makes no representations whatsoever about any other web site which you may access through this Site. Because Promark has no control over such sites and resources, you acknowledge and agree that Promark is not responsible for the availability of such external sites or resources and is not responsible or liable for any Content, advertising, products, services or other materials on or available from such sites or resources. Promark makes no representation or warranty as to any third party Content, products or services, and you agree that Promark shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party Content, products or services available on or through any such site or resource.
6. PARTICIPATION IN PROMOTIONS, COMPETITIONS AND OTHER SITE ACTIVITIES:
If you choose to participate in a promotion, competition or other Promark-sponsored activity ("Website Activity"), you agree to comply with any rules or regulations governing such Website Activity.
7. TRANSMITTED MATERIAL
Internet Transmissions are never completely private or secure. You understand that any message or information you send to the site may be intercepted by others, unless such message or information is encrypted. Sending a message to Promark does not cause Promark to have a special responsibility to you.
8. DISCLAIMER OF WARRANTY
8.1 Promark does not warrant or make any representations regarding the availability, use, timeliness, security, validity, accuracy, reliability, results of use, the content of the site or any other web sites linked to or from the Site.
8.2 Although Promark intends to take reasonable steps to prevent the introduction of viruses, worms, "Trojan horses" or other destructive materials to this Site, it does not guarantee or warrant that this Site or materials that may be downloaded from this Service do not contain such destructive features. Any material downloaded or otherwise obtained through the use of the site is done at your own discretion and risk and you are solely responsible for any damage to your computer system or loss of data that results from the download of any such material, or use of this site.
8.3 The content of the site is provided "as is" and on an "as available" basis, without warranties of any kind either express or implied. The site has not been compiled or supplied to meet the user’s individual requirements and it is your sole responsibility to satisfy yourself that the service available from this website will meet your needs and requirements prior to entering into any agreement with Promark.
8.4 To the fullest extent possible pursuant to applicable law, Promark disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or other violation of rights. No advice or information, whether oral or written, obtained by you from Promark shall be deemed to alter this disclaimer of warranty, or to create any warranty.
9. LIMITATION OF LIABILITY:
Promark will not be liable for any damages of any kind arising out of or relating to the use or the inability to use this site, its content or links, including but not limited to damages caused by or related to errors, omissions, interruptions, defects, delay in operation or transmission, computer virus, line failure, and all other direct, indirect, special, incidental or consequential damages even if Promark has been advised of the possibility of such damages.
You agree to indemnify and hold harmless Promark, its directors, officers, shareholders, managers, employees, family members, subsidiaries, affiliates, contractors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement.
11. ADDRESS FOR SERVICE
12.1 Promark may modify, suspend, withdraw or discontinue, temporarily or permanently, the Content, in whole or in part, at any time without notice. You agree that Promark shall not be liable to you or to any third party for any modification, suspension, withdrawal or discontinuance of the Content. Promark may at any time revise these website Terms and Conditions by updating this posting. By using the Site, you agree to be bound by any such revisions and you agree to periodically visit this page to determine the then current website Terms and Conditions to which you are bound.
12.2 These terms 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.
12.3 You hereby consent to exclusive jurisdiction of the High Court of South Africa in respect of any disputes arising in connection with the services referred to herein, or the terms or any matter related to or in connection therewith.
13. FULL ELECTRONIC COMMUNICATIONS DISCLAIMER
Every effort is made to provide accurate and complete information. However, given the substantial amounts of information for our communications at the time of dissemination, often uploaded within short deadlines, we cannot guarantee that there will be no errors. We therefore accept no responsibility for any loss or damage which may arise from reliance on information contained in any communication sent. Neither Promark, nor its holding company Stevenson Hamilton, nor their employees and contractors, nor their subsidiaries and affiliates make any warranty with respect to the accuracy of any information expressed or implied in any communication. The information in this communication (which includes any files transmitted with it) is confidential and may be legally privileged. It is intended solely for the addressee. Access to this e-mail by anyone else is unauthorised. If you are not the intended recipient, any disclosure, copying, distribution or any action taken or omitted to be taken in reliance on it, is prohibited and may be unlawful. When addressed to our clients any opinions or advice contained in this communication are subject to the terms and conditions expressed in any governing client engagement letter. The contents of an attachment to this e-mail may contain software viruses which could damage your own computer system. While Promark has taken every reasonable precaution to minimise this risk, we cannot accept liability for any damage sustained as a result of software viruses. You should carry out your own virus checks before opening the attachment. Copyright in this e-mail and any document created by us will remain vested in us and will not be transferred to you. We assert the right to be identified as the author of and to object to any misuses of the contents of this communication or such documents.