Yokohama
Southern Africa
Website Terms & Conditions
Last Amended: August 2005 |
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1. Introduction
Yokohama Southern Africa ("YSA") provides the information
contained on this website and any of the pages comprising
the website ("website") to you subject to the terms
("the terms") set out herein and referenced herein.
By accessing the website, you shall be deemed to have agreed
to all the terms. YSA may at any time modify the terms and
your continued use of the website will be subject to the terms
in force at the time of your use. Accordingly you agree to
review the terms periodically, and your continued access or
use of the website shall be deemed to be your acceptance of
the amended terms.
2. Content of the Website.
| 2.1 |
Whilst every effort is made
to update the information provided on this website on
a regular basis, YSA makes no representations or warranties,
whether express, implied in law or residual, as to the
accuracy, completeness and/or reliability of any information,
data and/or content contained on the website (including
but not limited to any information which may be provided
by the various companies within the YSA group of companies
[collectively "information"] ) and shall not
be bound in any manner by any information. The information
made available on the website from time to time, should
not at any time be construed as advice of whatever nature,
including inter alia, investment advice. Nothing on
this website shall be construed as an invitation or
offer by YSA and/or any of the companies in the YSA
group of companies from time to time to acquire and/or
dispose of and/or in any other manner deal with shares
in YSA and/or any companies in the YSA group of companies
from time to time. |
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| 2.2 |
YSA reserves the right at
any time to change or discontinue without notice, any
aspect or feature of this website. No information contained
on the website (and whether posted by YSA or any of
the companies within the YSA group of companies) shall
be construed as advice and same are offered for information
purposes only. |
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3. Copyright and Intellectual Property Rights.
| 3.1 |
Copyright and all intellectual
property rights in all materials, texts, drawings and
data made available on this website (collectively "materials")
are owned by YSA alternatively, YSA is the lawful user
thereof and is protected by both South African and international
intellectual property laws. Accordingly, any unauthorised
copying, reproduction, retransmission, distribution,
dissemination, sale, publication, broadcast or other
circulation or exploitation of such materials or any
component thereof will constitute an infringement of
such copyright and other intellectual property rights.
You may, however, use the materials or any component
thereof for internal business purposes. |
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| 3.2 |
The trademarks, names, logos
and service marks (collectively "trademarks")
displayed on this website are registered and unregistered
trademarks of YSA. Nothing contained on this website
should be construed as granting any license or right
to use any trademarks without the prior written consent
of YSA. |
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4. External links.
| 4.1 |
External links may be provided
for your convenience, but they are beyond the control
of YSA and no representation is made as to their content.
Use or reliance on any external links provided is at
your own risk. When visiting external links you must
refer to that external website's terms and conditions
of use. |
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| 4.2 |
No hypertext links shall be
created from any website controlled by you or otherwise
to this website without the express prior written permission
of YSA. |
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5. Warranties, Disclaimers and Limitation of Liability
| 5.1 |
YSA makes no warranties, representations,
statements or guarantees (whether express, implied in
law or residual) regarding the website and any of the
information contained on or referenced by the website.
Without limiting the generality of the aforegoing, YSA
gives no warranty of whatever nature regarding the accuracy
or appropriateness in any jurisdiction of any information
provided on or referenced by the website. Accordingly,
the website is made available and the information is
provided to you on an "as is" basis. |
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| 5.2 |
YSA shall not be responsible
for and disclaims all liability for any loss, liability,
damage (whether direct, indirect, or consequential),
personal injury or expense of any nature whatsoever
which may be suffered by you or any third party, as
a result of or which may be attributable, directly or
indirectly, to your access and use of the website and
any information contained on or accessed via the website.
You, hereby indemnify YSA and waive any rights you may
have or obtain against YSA in respect of any loss, liability,
damage (whether direct or consequential) or expense
of any nature whatsoever, which may be suffered by such
you and/or third party as a result of or which may be
attributable directly or indirectly to any of the aforesaid.
Without limiting the generality of the aforegoing YSA
shall not be responsible for and disclaims all liability
for any loss, expense or damage of whatever nature incurred
or sustained by you or any third party, due to - (i)
any failure and/or unavailability of the website for
any reason whatever and/or the failure/delay by any
third party service provider to render any services
which are necessary to ensure the availability and proper
functioning of the website; and (ii) your use of or
reliance on any information offered on or via the website.
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6. Privacy Policy
| 6.1 |
YSA is sensitive to the private
nature of information you provide to us over the Internet.
When you use the website you may be providing YSA with
your personally identifiable information. In addition,
our web servers may automatically collect web site usage
information from you when you visit our website. Website
usage information informs us about how our visitors
and subscribers use and navigate our website, including
the number and frequency of users to each webpage, their
IP address and the length of their stays. |
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| 6.2 |
We may combine the personally identifiable
information you provide YSA with other information about
you that is available to us, including website usage
information and information from other sources. We may
use this information to inter alia enable us to improve
your experience on the website, to improve and develop
new products, features and services, to provide marketing
with aggregate information about our user base and usage
patterns, to allow us to personalise the advertising
users see based on their personal characteristics or
preferences and for other purposes. We may share such
information with third parties to help us improve our
content and for the purposes as aforesaid. |
| 6.3 |
In addition, we may disclose any information
about you to other third parties, as we, in our sole
discretion, believe necessary or appropriate, in connection
with an investigation of fraud, intellectual property
infringements, or any other activity that is illegal
or may expose YSA to legal liability, or in connection
with merger or consolidation activities of YSA and/or
any of the companies within the YSA group of companies,
or the sale of any assets of YSA and/or any of the companies
within the YSA group of companies. We reserve the right
to contact you at any time regarding any problems or
questions as well as to notify you of changes to our
Privacy Policy, or to other policies or terms that affect
you and your use of the website, and to share your information
in order to enforce our policies and terms governing
the website. |
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| 6.4 |
The personally identifiable
information we collect about you is stored in limited
access servers. We maintain safeguards to protect the
security, integrity, and privacy of these servers and
of your personally identifiable information. |
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| 6.5 |
If you have any questions, comments or concerns about
our Privacy Policy, you may contact us at corporate@tiw.co.za
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7. General
| 7.1 |
These terms constitute the
sole record of the agreement between you and YSA in
relation to the subject matter hereof. Neither you nor
YSA shall be bound by any express tacit nor implied
representation, warranty, promise or the like not recorded
herein. These terms supersede and replace all prior
commitments, undertakings or representations, whether
written or oral, between you and YSA in respect of the
subject matter hereof. No addition to, variation or
agreed cancellation of any provision of these terms
shall be binding upon either you or YSA unless agreed
to by YSA. No indulgence or extension of time which
either you or YSA may grant to the other will constitute
a waiver of or, whether by estoppel or otherwise, limit
any of the existing or future rights of the grantor
in terms hereof, save in the event or to the extent
that the grantor has signed a written document expressly
waiving or limiting such rights. |
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| 7.2 |
YSA shall be entitled to cede, assign
and delegate all or any of its rights and obligations
in terms of these terms of use to any third party. |
| 7.3 |
All provisions of these terms are, notwithstanding
the manner in which they have been grouped together
or linked grammatically, severable from each other.
Any provision of these terms which is or becomes unenforceable
in any jurisdiction, whether due to voidness, invalidity,
illegality, unlawfulness or for any reason whatever,
shall, in such jurisdiction only and only to the extent
that it is so unenforceable, be treated as pro non scripto
and the remaining provisions of these terms shall remain
in full force and effect. |
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| 7.4 |
Should YSA be prevented from
fulfilling any of its obligations to you as a result
of any event of force majeure, then those obligations
shall be deemed to have been suspended to the extent
that and for as long as YSA is so prevented from fulfilling
them and your corresponding obligations shall be suspended
to the corresponding extent. In the event that force
majeure continues for more than thirty days after it
has first occurred then YSA shall be entitled (but not
obliged) to terminate all of its rights and obligations
in terms of or arising out of these terms by giving
notice to you. An "event of force majeure"
shall mean any event or circumstance whatsoever which
is not within the reasonable control of the affected
party including, without limitation, vis major, casus
fortuitus, any act of God, strike, theft, riots, explosion,
insurrection or other similar disorder, war (whether
declared or not) or military operations, the downtime
of any telecommunications line and/or unavailablity
of any telecommunications facilities, power failure,
international restrictions, any requirement of any international
authority, any requirement of any government or other
competent local authority, any court order, export control
or shortage of transport facilities. |
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| 7.5 |
These terms shall be governed by and construed in
accordance with the laws of the Republic of South Africa
without giving effect to any principles of conflict
of law. You hereby consent to exclusive jurisdiction
of the High Court of South Africa in respect of any
disputes arising in connection with these terms or any
matter related to or in connection therewith. |
All Rights Reserved.
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