Acceptance
Of Terms Through Use
By using this site, you signify your agreement to all terms,
conditions, and notices contained or referenced herein (the “Terms of Use”). If
you do not agree to these Terms of Use please do not use this site. We reserve
the right, at our discretion, to update or revise these Terms of Use. Please
check the Terms of Use periodically for changes. Your continued use of this
site following the posting of any changes to the Terms of Use constitutes
acceptance of those changes.
The Terms of Use agreement governs your use of this Internet
site and related services (collectively called the “Service” or PGC
Service) provided to you (Member) by Pretorius Group of Companies (“PGC”).
You acknowledge that you have read, understood, and agree to
be bound by all terms and conditions of this Terms of Use agreement and our
Privacy Policy
Service
The PGC Service primarily consists of the
http://www.PGC.co.za
Internet site and related services such as Email Newsletters.
PGC may discontinue or alter any service level or
aspect of the Service at any time, without notice, without liability and at PGC’s
sole discretion.
PGC reserves the right, in its sole discretion,
to terminate your access to all or part of this site, with or without notice.
Rules Of User Conduct
By posting information in or otherwise using any
communications service, chat room, message board, newsgroup, software library,
or other interactive service that may be available to you on or through this
site, you agree that you will not upload, post, or otherwise distribute or
facilitate distribution of any content—including text, communications,
software, images, sounds, data, or other information—that:
-
Is
unlawful, threatening, abusive, harassing, defamatory, libellous, deceptive,
fraudulent, invasive of another’s privacy, tortuous, contains explicit or
graphic descriptions or accounts of sexual acts (including but not limited to
sexual language of a violent or threatening nature directed at another
individual or group of individuals);
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Victimizes,
harasses, degrades, or intimidates an individual or group of individuals on the
basis of religion, gender, sexual orientation, race, ethnicity, age, or
disability;
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Infringes
on any patent, trademark, trade secret, copyright, right of publicity, or other
proprietary right of any party;
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Constitutes
unauthorized or unsolicited advertising, junk or bulk e-mail (also known as
“Spamming”), chain letters, any other form of unauthorized solicitation, or any
form of lottery or gambling;
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Contains
software viruses or any other computer code, files, or programs that are
designed or intended to disrupt, damage, or limit the functioning of any
software, hardware, or telecommunications equipment or to damage or obtain
unauthorized access to any data or other information of any third party; or
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Impersonates
any person or entity, including any employee or representative of PGC.
You further agree that you will not knowingly solicit or
collect personal information from a minor (anyone under 18 yrs old). Personal
information includes but is not limited to name, address, phone number or name
of their school.
PGC generally does not pre-screen, monitor, or
edit the content posted by users of communications services, chat rooms,
message boards, newsgroups, software libraries, or other interactive services
that may be available on or through this site. However, PGC and
its agents have the right at their sole discretion to remove any content that,
in PGC’s judgment, does not comply with the this agreement or is
otherwise harmful, objectionable, or inaccurate. PGC is not
responsible for any failure or delay in removing such content.
Third Party Sites
This site may produce automated search results or otherwise
link you to other sites on the Internet. These sites may contain information or
material that some people may find inappropriate or offensive. These other
sites are not under the control of PGC, and you acknowledge that
PGC is not responsible for the accuracy, copyright compliance,
legality, decency, or any other aspect of the content of such sites. The
inclusion of such a link does not imply endorsement of the site by PGC
or any association with its operators.
Copyright
You acknowledge and agree that copyrights, trademarks, service
marks, patents, trade secrets, or other proprietary rights and laws protect all
content and materials available on this site. Except as expressly authorized by
PGC, you agree not to sell, license, rent, modify, distribute, copy,
reproduce, transmit, publicly display, publicly perform, publish, adapt, edit,
or create derivative works from such materials or content. Notwithstanding the
above, you may print or download one copy of the materials or content on this
site on any single computer for your personal, non-commercial use, provided you
keep intact all copyright and other proprietary notices. Systematic retrieval
of data or other content from this site to create or compile, directly or
indirectly, a collection, compilation, database or directory without written
permission from PGC is prohibited. In addition, use of the content
or materials for any purpose not expressly permitted in these Terms of Use is
prohibited.
As noted above, reproduction, copying, or redistribution for
commercial purposes of any materials or design elements on this site is
strictly prohibited without the express written permission of PGC.
Permission is granted only when certain limited criteria are met.
By posting or submitting content to this site, you:
-
Grant
PGC and its affiliates and licensees the right to use, reproduce,
display, perform, adapt, modify, distribute, have distributed, and promote the
content in any form, anywhere and for any purpose; and
-
Warrant
and represent that you own or otherwise control all of the rights to the
content and that public posting and use of your content by PGC will
not infringe or violate the rights of any third party.
You also agree that you will not harvest or collect
information about the users or members of this site or use such information for
the purpose of transmitting or facilitating transmission of unsolicited bulk
electronic e-mail or communications.
Procedure For Making Claims Of Copyright
Infringement
If you believe that your work has been copied and is
accessible on this site in a way that constitutes copyright infringement, you
may notify PGC and provide the following information:
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A
description of the copyrighted work that you claim has been infringed and a
description of the infringing activity.
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Identification
of the location where the original or an authorized copy of the copyrighted
work exists, for example the URL of the website where it is posted
or the name of the book in which it has been published.
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Identification
of the URL or other specific location on this site where the
material that you claim is infringing is located; you must include enough
information to allow us to locate the material.
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Your
name, address, telephone number, and email address.
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A
statement by you that you have a good faith belief that the disputed use is not
authorized by the copyright owner, its agent, or the law.
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A
statement by you that the above information is accurate and that you are the
copyright owner or are authorized to act on the copyright owner’s behalf.
Disclaimer Of Warranties
All materials, information, software, products, and services
included in or available through this site (the “content”) are provided “as is”
and “as available” for your use. The content is provided without warranties of
any kind, either express or implied, including, but not limited to, implied
warranties of merchantability, fitness for a particular purpose, or
noninfringement. PGC, its subsidiaries, and its licensors do not
warrant that the content is accurate, reliable or correct; that this site will
be available at any particular time or location; that any defects or errors
will be corrected; or that the content is free of viruses or other harmful
components. Your use of this site is solely at your risk. Because some
jurisdictions do not permit the exclusion of certain warranties, these
exclusions may not apply to you.
Limitation Of Liability
Under no circumstances shall PGC, its
subsidiaries, or its licensors be liable for any direct, indirect, punitive,
incidental, special, or consequential damages that result from the use of, or
inability to use, this site. This limitation applies whether the alleged
liability is based on contract, tort, negligence, strict liability, or any
other basis, even if PGC has been advised of the possibility of
such damage. Because some jurisdictions do not allow the exclusion or
limitation of incidental or consequential damages, PGC’s liability
in such jurisdictions shall be limited to the extent permitted by law.
Indemnification
Upon a request by PGC, you agree to defend,
indemnify, and hold harmless PGC and its subsidiary and other
affiliated companies, and their employees, contractors, officers, and directors
from all liabilities, claims, and expenses, including attorney’s fees, that
arise from your use or misuse of this site. PGC reserves the
right, at it own expense, to assume the exclusive defence and control of any
matter otherwise subject to indemnification by you, in which event you will
cooperate with PGC in asserting any available defences.
International Use
PGC makes no representation that materials on
this site are appropriate or available for use in locations outside
South Africa
, and accessing them from territories where their contents are
illegal is prohibited. Those who choose to access this site from other
locations do so on their own initiative and are responsible for compliance with
local laws.
Jurisdiction
These Terms of Use shall be governed by and construed in
accordance with the laws of
South Africa
and the parties submit to the exclusive jurisdiction of
the South African Courts. You expressly agree that the exclusive jurisdiction
for any claim or action arising out of or relating to these Terms of Use or
your use of this site shall be filed only in the courts of
South
Africa
.
Whole Agreement
Unless otherwise specified herein, this agreement constitutes
the entire agreement between you and PGC with respect to this site
and supersedes all prior or contemporaneous communications and proposals
(whether oral, written, or electronic) between you and PGC with
respect to this site. If any part of these Terms of Use is held invalid or
unenforceable, that portion shall be construed in a manner consistent with
applicable law to reflect, as nearly as possible, the original intentions of
the parties, and the remaining portions shall remain in full force and effect.