Introduction
Welcome to the website(s) of simming.co.za (hereinafter referred to as the Owner). Below are the terms and conditions that govern the use of this site and the content thereof.
The Owner’s website terms and conditions of use create a legally binding agreement between you (“the User”) and the Owner. Kindly familiarise yourself with these terms and conditions before any usage of this website. Usage of this website constitutes an agreement on your part with the terms and conditions of this website.
This website, together with the contents displayed/featured on the website are owned and operated by the Owner and its contributors. No portion or element of this website may be copied or retransmitted via any means unless agreed to in writing by authorized representatives of the Owner.
Unauthorised attempts to modify any information stored on this website, to defeat or circumvent security features, or to utilize this website for purposes other than its intended purpose are prohibited and may result in criminal prosecution.
The use of any information on this website creates no legal obligation, affiliation or association with the Owner or with third parties arising as a consequence of using information provided by this service.
Use
The Owner hereby grants permission to any person to view the website, and copy, print and use any document and images presented on the website, subject to the following conditions:
• The documents and images may be used solely for information and non-commercial purposes only and will not be copied or posted on any network computer or broadcast in any media,
• Copying for sale or public distribution of any material on this website is strictly prohibited (unless otherwise stated),
• No modifications of documents as contained on this website
• The documents and images may be used solely for individual purposes and may not be used to commercialise any products or services other than the Owner’s products and services;
• Any use the Owner‘s documents, text or images must be accompanied by the following: “image or information owned by *.simming.co.za”.
Disclaimer
The Owner makes no representations or warranties of any kind, express or implied, as to the operation of the website, the information, content, materials or products included on this site.
The Owner’s directors or employees accept no liability (including negligence), and take no responsibility for any loss or damage which a user of this website or any other third party may suffer or incur as a result of reliant on material found on this website, and in particular for:
• Any errors, omissions, or inaccuracy of information or data on this website,
• Any incompleteness in the information or data on this website,
• Any interpretations or opinions stated in, or which may be inferred from information on this website.
The User agrees that the use of this site will be at his/her own risk. Neither the Owner, nor any of its agents and content providers, warrant that there will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of this site, or as to the accuracy or reliability of any information, service or merchandise provided through the site.
Under no circumstances shall the Owner be liable for any damages whatsoever, including injury caused by any failure of performance or error, omission or inaccuracy, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of or use of this site, breach of contract, negligence, or under any other cause of action.
The User specifically acknowledges that the Owner is not liable for defamatory, offensive or illegal conduct of other users or third parties and that the risk of injury from the foregoing rests entirely with the User.
The Owner shall not be liable for special, indirect, consequential, or incidental damages or damages for loss of profits, loss of revenue, loss of data or loss of use arising out of or related to the Owner ‘s website or the information contained in it, whether such damages arise in contract, delict, statutory provision, law or otherwise.
Licence Disclaimer
Nothing on this website shall be construed as conferring any licence under any of the Owner or any third party‘s intellectual property rights, whether by estoppels, implication, or otherwise.
Hyperlinks Disclaimer
Any reference obtained via this site to a specific commercial or non-commercial product, process or service does not constitute or imply an endorsement by the Owner of the product, process, service, or its producer or provider.
The views and opinions expressed in any referenced document or any website linked to this website do not necessarily state or reflect those of the Owner.
There may be links to other websites from this site; however, these other websites are not controlled by the Owner and we are not responsible for any content contained on any such website or any loss suffered by the user in relation to his/her use of the site. The Owner is indemnified against any claims whatsoever regarding the inclusion of links to outside websites or your use of those websites.
Copyright, Trademarks, and other intellectual property rights
The Owner prohibits the use of its name and/or logo as a “hot” or “hyper” link to any other website unless the establishment of such a link is approved by the Owner in writing.
The Owner‘s name and logo are registered trademarks, protected by the South African and international trademark laws and all other intellectual property laws.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, software and information, is the property of the Owner or its content suppliers and protected by South African and international copyright law and all other intellectual property laws.
The compilation (i.e. the collection, arrangement and assembly) of all content on this site is the exclusive property of the Owner and protected by South African and international copyright law and all other intellectual property laws.
All software used on this site is the property of the Owner or its software suppliers and protected by South African and international copyright law and all other intellectual property laws.
The content and software on this site may be used for information purposes or to facilitate electronic commerce. Any other use, including the reproduction, modification, distribution, transmission, re-publication, display or performance in any form, of the content of this site without written permission from the Owner, is strictly prohibited.
It should be noted that any product, processes or service referred to on this website may be subject to other copyright, patent, trademark or other intellectual property laws and may incorporate proprietary notices and copyright information relating to that product, process or service. The Owner shall not incur, and does not accept liability whatsoever arising from the infringement of copyright, trademark, patent or other intellectual property laws relating to such products, processes or services arising from the User using this website.
The User may not without written permission from the Owner take the rates, tariffs, from this website and reformat and display them on any other website. The user must also not mirror Owner‘s homepage.
Change of information on website
The information contained on this website is correct at the time of publishing, but subject to constant change without notice, including being continually updated, revised, removed, or any other possibilities.
Any of the Owner’s document or image may include inaccuracies or typographical errors. The Owner expressly reserves the right to make changes to these documents and images at any time.
The Owner has the right at any time to change or modify the terms and conditions applicable to the use of this site, or any part thereof; or to impose new conditions including (without limitation) adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by any means including (without limitation) posting of the site, or by electronic conventional mail, or by any other means. Any use of the site by the User after such notice shall be deemed to constitute acceptance of such changes, modifications, additions or deletions.
Monitoring
The Owner has the right (and is under no obligation) to monitor the content of the site, to determine compliance with these conditions of use and any operating rules established by the Owner and to satisfy any law, regulation or authorised government request. The Owner has the discretion to edit, refuse to post or remove any material submitted to or posted on the site. Without limitation of the foregoing, the Owner shall have the right to remove any material that in its sole discretion finds to be in violation of the provisions hereof or otherwise objectionable.
Indemnity
The user agrees to defend, indemnify and hold harmless the Owner and its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, damages, costs, liabilities, losses and expenses (including attorneys’ fees) arising out of the use of this site.
Entire agreement
These terms and conditions of use constitute the entire agreement between the parties with respect to the use of this website and supersedes all previous written or oral agreements between the parties with respect to the use of this site.
Waiver
No waiver by the Owner of any breach or default hereunder shall be deemed to be a waiver of any preceding o subsequent breach or default.
Applicable law
This site is created, controlled and owned by “Kim White” in the Republic of South Africa. As such, the laws of the Republic of South Africa will govern these terms and conditions, without giving effect to any principles of conflict of laws.
