THE PAN MIXERS SOUTH AFRICA (PTY) LTD/PMSA GROUP OF COMPANIES WEBSITE TERMS AND CONDITIONS OF USE AGREEMENT:
Please read these Terms and Conditions carefully:
1) WEBSITE TERMS AND CONDITIONS OF USE
These Terms and Conditions (“the Terms and Conditions”) govern your (“the User”) use of THE PAN MIXERS SOUTH AFRICA (PTY) LTD/PMSA GROUP OF COMPANIES (“Provider”) website located at the domain name (www.pmsa.com) (“the Website”). By accessing and using the Website, the User agrees to be bound by the Terms and Conditions set out in this legal notice. If the User does not wish to be bound by these Terms and Conditions, the User may not access, display, use, download, and/or otherwise copy or distribute Content obtained at the Website.
2) UPDATING OF THESE TERMS AND CONDITIONS
The Provider reserves the right to change, modify, add to or remove from, portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to this Website. It is the User’s obligation to periodically check these Terms and Conditions at the Website for changes or updates. The User’s continued use of this Website following the posting of changes or updates will be considered notice of the User’s acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.
3) COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS
The Provider provides certain information on the Website. Content currently or anticipated to be displayed at this Website is provided by the Provider, its affiliates and/or subsidiary, or any other third party owners of such content, and includes but is not limited to text, graphics, logos, button icons, images, audio clips, video clips, software, Literary Works, Musical Works, Artistic Works, Sound Recordings, Cinematograph Films, Sound and Television Broadcasts, Program-Carrying Signals, Published Editions and Computer Programs (“the Content”). All such proprietary works, and the compilation of the proprietary works, are copyright of the Provider, its affiliates or subsidiary, or any other third party owner of such rights (“the Owners”), and is protected by South African and international copyright laws. The Provider reserves the right to make any changes to the Website, the Content, or to products and/or services offered through the Website at any times and without notice. All rights in and to the Content is reserved and retained by the Owners. Except as specified in these Terms and Conditions, the User is not granted a license or any other right including without limitation under Copyright, Trademark, Patent or other Intellectual Property Rights in or to the Content.
The trademarks, service marks, logos and other proprietary names and identifiers which are owned by the Provider and displayed on this website, may not be used in connection with any product or service that does not belong to the Provider. Furthermore, nothing contained on this website should be construed as granting a license or right to use any of the trademarks without the express, written permission of the Provider.
5) LIMITED LICENCE TO GENERAL USERS
5.1) The Provider grants to the User, subject to the further terms of these Terms and Conditions, a non-exclusive, non-transferable, limited and revocable right to access, display, use, download and otherwise copy the current and future Content for personal, non-commercial and information purposes only.
5.2) This Website and the Content may not be reproduced, duplicated, copied, resold, visited or otherwise exploited for any commercial purpose without the express prior written consent of the Provider.
5.3) The license does not allow the User to collect product or service listings, descriptions or other information displayed here, and does not allow any derivative use of this Website or the Content for the benefit of another merchant.
5.4) The User may not frame nor use framing technologies to enclose the Provider Website or the Content nor any part thereof without the express written consent of the Provider.
5.5) The Provider and the Owners do not offer products or services to minors. If you are under the age of 18, you may not respond to or otherwise accept or act upon any offers in the Website.
5.6) The Provider and the Owners, their affiliates or subsidiary reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
5.7) Any unauthorised use terminates this license.
6) ACCESS AND AVAILABILITY OF SERVICE AND LINKS
The Provider website may contain links to other related websites. No inference can be made, or representation implied, that the Provider is affiliated to, operates or controls these linked websites. The linked websites are for the user’s convenience only and user access thereto is at the user’s own risk. When visiting linked websites the user must refer to that linked site’s individual terms and conditions of use and cannot rely on the terms and conditions contained herein.
7) LIABILITY DISCLAIMER
The information, services, products and materials published on this website, including without limitation, text, graphics and links are provided on an “as is” basis. The Provider makes no representations or warranties of any kind, express or implied, as to the operation of this website or the information, contents, materials, or products included on this site. Without limiting the generality of the afore going:
7.1) The Provider does not warrant that this website will be error free, or will meet any particular criteria of accuracy, completeness or reliability of information, performance or quality; and
7.2) Whilst the Provider has taken reasonable measures to ensure the integrity of this website and its contents, no warranty, whether express or implied, is given that any files, downloads or applications available via this website are free of viruses, trojans, bombs, time-locks or any other code which has the ability to corrupt or affect the operation of your system.
8) LIMITATION OF LIABILITY
In no event shall the Provider and/or its suppliers be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the use of this website. Such limitation shall also apply with respect to damages resulting from the inability to use this website, the operational failure of this website, or for any information, products, and services obtained through this website, or otherwise arising out of the use of this website, whether based on contract, strict liability or otherwise, even if the Provider and/or any of its suppliers has been advised of the possibility of damages.
9) CHOICE OF LAW
This Website is controlled, operated and administered by the Provider from its offices as set out below within the Republic of South Africa. The Provider makes no representation that the Content is appropriate or available for use in the locations or countries. Access to the Website from territories or countries where the Content is illegal is prohibited. The User may not use this Website in violation of South African export laws and regulations. If the User accesses this Website from locations outside of South Africa, that User is responsible for compliance with all local laws. These Terms and Conditions shall be governed by the laws of the Republic of South Africa, and the User consents to the jurisdiction of the North or South Gauteng High Court in the event of any dispute. If any of the provisions of these Terms and Conditions are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect. These Terms and Conditions constitute the entire agreement between the Provider and the User with regard to the use of the Content and this Website.
The Provider is dedicated to maintaining the privacy of its online visitors. On this site, the Provider does not collect personally identifiable information from individuals unless they provide it to us voluntarily and knowingly. This means that it is not required from you to register or provide information to the Provider in order to view our site. The Provider only gathers personally identifiable data, such as names, addresses, postal codes, e-mail addresses, etc., when voluntarily submitted by a visitor. For example, personally identifiable information may be required in order to process a proposal or quotation that you have requested on this site. This information is used solely by the Provider and its business partners who are involved in the operation of this site for internal purposes. The Provider client lists are never sold to third parties. The Provider will not share personally identifiable information with third parties unless the person who has submitted the information has authorized us to do so, or if we are required to by law.
11) PROFESSIONAL INFORMATION
This website is only intended to provide general information regarding the Provider and its products and services and it is not intended to provide exhaustive treatment of any subject dealt with. The information on this website including, without limitation, all research, opinions or other content is therefore not intended nor does it constitute financial, accounting, tax, legal, investment, consulting or other professional advice or services. Before making any decision or taking any action which might affect you or your business you should consult your own professional advisors. This website could include technical, typographical or other inaccuracies and you are urged to contact the Provider to confirm all information contained on this website prior to placing reliance thereon. Changes are periodically made to the information herein and these changes will be incorporated in new editions of this website.
12) VIOLATION AND WAIVER
Should you violate these Terms and Conditions or any other rights of the Provider, we reserve the right to pursue any and all legal and equitable remedies against you. If the Provider should fail to enforce any right or provision in these Terms and Conditions, you agree that this failure does not constitute a waiver of such right or provision or of any other rights or provisions in these Terms and Conditions. If a court should find that one or more rights or provisions set forth in these Terms and Conditions are invalid, you agree that the remainder of the Terms and Conditions shall be enforceable and that, to the extent permitted by law, the court shall give effect to the parties’ intentions, as reflected in any such right or provision that has been declared invalid or unenforceable.
13) CONTACT DETAILS
In the event that you need to contact Provider for purposes related to these Terms and Conditions, please use the following:
Telephone: +27 (0)11 578 8600
Fax: +27 (0)11 578 8800
THE PAN MIXERS SOUTH AFRICA (PTY) LTD/PMSA GROUP OF COMPANIES WEBSITE TERMS AND CONDITIONS OF USE AGREEMENT: