Legal Notice

Legal notice

This website is operated by Nelspruit Fencing (Pty) Ltd. (the “Company”, “we” or “Nelspruit Fencing”).  This Legal Notice governs your use of this website.  By using our website, you accept this Legal Notice.  If you do not agree to the terms of this Legal Notice, do not use this website.  By accessing, browsing and/or using this website, you acknowledge that you have read and understand the terms of this Legal Notice and agree to comply with and be bound by the terms of this Legal Notice.  We reserve the right at any time and, from time to time, to modify the terms of this Legal Notice without notice to you.  If we make any such changes, we will post the revised terms of this Legal Notice to this website and will indicate the date and time the revised terms were published on this website but will not provide any other notice to you.  The most current version of the Legal Notice can be viewed by clicking on the “Legal Notices & Disclaimer” hypertext link located at the bottom of the home page on this website. Your continued access or use of this website constitutes acceptance by you of these changes.

Intellectual property

All copyright and other intellectual property rights subsisting in this website and its contents, including without limitation all text, images, graphics and code contained in this website, and in its look and feel (collectively, the “Contents”) are owned by the Company or members of its group of companies, or by third-party providers.  Except where otherwise specified, you may view, copy and print the Contents only for your own use, provided that all copies and printouts of the Contents bear the copyright and other proprietary notices and disclaimers displayed on them on the Site. The Company reserves the right, but has no obligation, to change the Contents at any time. Other than as specified above, neither this website nor any of its Contents may be modified or copied in whole or part in any form, including by framing, incorporation into other websites or other publication, or be used to create any derivative work. No links to this website may be included in any other website without the Company’s prior written permission. None of the Company’s nor any of its group companies’ trademarks may be used without the Company’s prior written permission. The Company reserves all its rights in such trademarks. Other than as specified above, nothing on this website should be construed as granting any right or license.  The Company does not guarantee that you have any right to use content available on this website that is owned by any third party, and that third party’s permission will not be required before you use such content.  None of the Contents may be changed, nor may any copyright or author attribution notice appearing on any of the Contents be altered or removed, without the Company’s prior permission.

Limitation of liability and Disclaimer

Use of this web site is at your own risk.  This web site is provided “as is” without warranty of any kind, except as expressly set forth in these terms of use. The entire risk arising out of your use or performance of this web site remains with you. To the maximum extent permitted by law, we make no representation, warranty or guaranty relating to the suitability, reliability, availability, timeliness, quality, accuracy, or completeness of this web site, any data, information, record or results available on or through this web site or obtained through or resulting from the use of this web site, for any purpose. Without limiting the generality of the foregoing, to the maximum extent permitted by law, we make no representation, warranty or guaranty that this web site will meet your requirements or expectations, that this web site will be timely, uninterrupted, secure or error-free, that any defects or errors will be corrected, or that any data, information, record or results obtained from the use of this web site will be accurate or reliable for any purpose. To the maximum extent permitted by law, we disclaim all warranties and conditions, whether express, implied or statutory relating to this web site, and the information available on or through this web site, including all warranties and conditions of merchantability, merchantable quality, fitness for a particular purpose, title, lack of viruses, and non-infringement or arising out of any course of dealing or usage of trade or by course of performance. To the maximum extent permitted by law, we are not liable for any special, incidental, indirect, collateral, consequential, exemplary or punitive damages, whether in an action of contract, equity, statutory or strict liability, tort (including negligence) or other theory of liability (including breach of warranty), incurred by you or any other person arising out of or in any way

connected with or relating to the use or performance of this web site, any delay or inability to access or use this web site, or the use or inability to use, or any error, omission or inaccuracy contained in, any data, information, record or results obtained through or resulting from the use of this web site, even if we have been advised of the possibility of such damages including liability to third parties or arising from any failure to meet any duty, including any duty of good faith or to exercise commercially reasonable care or arising out of any course of dealing or usage of trade or by course of performance.

The limitations and exclusions set forth above apply notwithstanding the failure of essential purpose of any remedy or any breach or default by us. Some jurisdictions do not allow the exclusion of certain warranties or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

Indemnification

You agree to indemnify and hold the Company harmless from all liabilities, claims and expenses resulting from your breach of this Legal Notice, misuse of this website or any of the Contents, or infringement of any of the Company’s intellectual-property rights.

Third-Party websites

This website may contain hypertext links to third-party websites. The Company provides such links for your convenience and has no control over any websites that may be accessed or available through them. The Company does not endorse, sponsor, recommend or otherwise accept any responsibility for such third-party websites, their content or availability. In particular, the Company does not accept any liability for any infringement of any person’s intellectual-property rights by, or liability arising out of any information or opinion contained on, any such third-party website.

Governing law

This Legal Notices and Disclaimer as well as all associated rights and obligations shall be governed by South African law.

These legal notices and disclaimer are deemed to form part of any message in terms of Section 11 of the South African Electronic Communications and Transactions Act, No. 25 of 2002 as amended.

27 February 2018