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PLEASE READ THESE TERMS AND CONDITIONS OF
USE CAREFULLY BEFORE USING THIS WEB SITE. IF YOU DO NOT AGREE WITH ANY OF THESE
TERMS AND CONDITIONS, YOU MAY NOT USE THIS WEB SITE. YOUR CONTINUED USE OF THIS
WEB SITE WILL BE INTERPRETED AS YOUR CONSENT TO THESE TERMS AND
CONDITIONS.
1. Ownership and Use
1.1 This internet web site ("web site") belongs to
and is solely owned by ProMentor. By visiting and interacting with this web site
you agree to be bound by and adhere to the terms and conditions set out below.
1.2 ProMentor reserves the right to amend, modify or replace these terms and
conditions from time to time.
1.3 ProMentor grants you a limited licence to
access and make personal use of this web site.
1.4 This licence does not
permit you to and you may not reproduce, duplicate, copy, translate, distribute,
sell, resell, modify, publicly perform, prepare derivative works based on,
report or otherwise use the content of this web site, or any portion thereof,
for any public or commercial purpose, without the prior, written consent of
ProMentor.
2. Intellectual Property Rights
2.1 The content of this web site, including but not
limited to all text, graphics, logos, button icons, images, audio clips, digital
downloads, data compilations, software hyperlinks, designs and agreements, and
all the intellectual property embodied therein, including but not limited to
copyright and trademarks, are the property of, or are licenced to ProMentor.
2.2 Copyright is protected under treaty provisions and worldwide copyright
laws. Any unauthorised use of ProMentor's copyright or trademarks may result in
you violating copyright and trademark laws and make you liable to civil and
criminal prosecution.
2.3 The trademarks and logos that you may see on this
web site are the registered and unregistered trademarks of ProMentor or are
licenced to ProMentor by third parties. Nothing contained on this web site
should be interpreted as granting by implication, estoppel or otherwise, any
licence or right to use any trademark displayed on this web site. Such licence
or right of use may only be obtained, in writing, from ProMentor or the third
party who owns the relevant trademark.
3. Electronic Communications
3.1 As you communicate electronically with ProMentor
when you visit ProMentor's web site, you consent to receiving communications
from ProMentor electronically.
3.2 ProMentor will communicate with you by
posting notices on this web site or by electronic mail (email). You agree that,
as stipulated in paragraph 12 of the Electronic Transactions and Communications
Act number 25 of 2002, all agreements, notices, disclosures and other
communications that we display or transmit electronically meet the requirement
of being "in writing".
4. Hyperlinks, Framing, Meta tags
4.1 The inclusion of any link on ProMentor's web
site to another web site does not imply endorsement by ProMentor of the web site
or any services or products offered on the linked web site.
4.2 You may not
frame or use framing techniques to enclose this web site or any page on this web
site in any way whatsoever, nor may you frame any trademark, logo or other
proprietary information, including but not limited to image, text, page layout
or form.
4.3 You may not use meta tags or any other "hidden text" using
ProMentor's name or trademarks.
5. Monitoring
5.1 ProMentor reserves the right to monitor your use
of its web site, to which monitoring you hereby consent.
6. Privacy
6.1 ProMentor is aware that the users of its web
site care about how information about them is used and shared. Any communication
or information you transmit to this web site by electronic mail or otherwise
including, but not limited to, personal details, shall be treated by ProMentor
as confidential and ProMentor hereby undertakes not to disclose such information
to any third party except where:
6.1.1 the third party is a holding, subsidiary or
affiliate company of ProMentor; or
6.1.2 the user has agreed to such
disclosure taking place; or
6.1.3 ProMentor is compelled to do so by a court
of law or in term of any legislation or regulation in the Republic of South
Africa.
7. Disclaimer
7.1 This web site is provided by ProMentor "as is"
and ProMentor makes no representations or warranties of any nature, express or
implied, as to the operation of this web site or the information, content,
materials or products included on this web site. THE USE OF THIS WEB SITE IS
ENTIRELY AT YOUR OWN RISK.
7.2 ProMentor does not warrant that the content
available from this web site is truthful, reliable, free from errors or
omissions or that the service will be remain continuously uninterrupted.
7.3
ProMentor does not warrant that this web site, its server(s) or any electronic
mail sent from this web site are free of viruses or other harmful components.
7.4 TO THE FULL EXTENT PERMISSIBLE BY LAW, PROMENTOR DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
7.5 Save as
provided for in subparagraphs 43(5) and 43(6) of the Electronic Communications
and Transactions Act number 25 of 2002, neither ProMentor nor any of its agents
or representatives shall be liable for any damage or loss of any nature,
including but not limited to direct, indirect, consequential, incidental or
punitive damages arising out of the use of or inability to use this web site or
any reliance placed on the content of this web site or any web site which is
linked by means of a hyperlink to ProMentor's web site.
8. Governing law
8.1 This web site is hosted, controlled and operated
from the Republic of South Africa. This agreement shall therefore be construed
and interpreted in accordance with the laws of the Republic of South Africa
without giving effect to any principles of conflict of law.
8.2 You hereby
consent to the exclusive jurisdiction of the High Court of the Republic of South
Africa in respect any disputes arising out of or in connection with your use of
this web site or in respect of these terms and conditions.
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