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| Terms of Use |
| Your use of our Internet sites or any of the products or services offered
on those sites (collectively, the "Services") is subject to these Terms
of Use (these "Terms"). We may modify these Terms at any time without
notice to you by posting revised Terms on our sites. Your use of our sites
constitutes your binding acceptance of these Terms, including any modifications
that we make. |
| Some of the Services may be subject to additional posted conditions. Your
use of those Services is subject to those conditions, which are incorporated
into these Terms by reference. In the event of an inconsistency between
these Terms and any additional posted conditions, the provisions of the
additional conditions shall control. |
| We have the right, but not the obligation, to take any of the following
actions in our sole discretion at any time and for any reason without
giving you any prior notice: |
1. Restrict, suspend or terminate your access to all or any part
of our Services;
2. Change, suspend or discontinue all or any part of our Services;
3. Refuse, move or remove any material that you submit to our sites
for any reason;
4. Refuse, move, or remove any content that is available on our sites;
5. Deactivate or delete your accounts and all related information
and files in your account;
6. Establish general practices and limits concerning use of our sites.
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You agree that we will not be liable to you or any third
party for taking any of these actions.
You understand and agree that our Services may include communications
such as service announcements and administrative messages from us
or from our partners and that these communications are considered
part of the Services. You will not be able to opt out of receiving
these messages. You also understand that our Services may include
advertisements. |
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| Content On Our Sites |
| Our sites include a combination of content that we create, that our partners
create and that our users create. All materials published on our sites,
including, but not limited to, written content, photographs, graphics,
images, illustrations, marks, logos, sound or video clips and flash animation,
are protected by our copyrights or trademarks or those of our partners.
You may not modify, publish, transmit, participate in the transfer or
sale of, reproduce, create derivative works of, distribute, publicly perform,
publicly display or in any way exploit any of the materials or content
or our sites in whole or in part. If you would like to request permission
to use any of the content on our sites, please review our Copyright Notice. |
| You are solely responsible for all materials, whether publicly posted
or privately transmitted, that you upload, post, email, transmit or otherwise
make available on our sites ("Your Content"). You certify that you own
all intellectual property rights in Your Content. You hereby grant us,
our affiliates, and our partners a worldwide, irrevocable, royalty-free,
nonexclusive, sub-licensable license to use, reproduce, create derivative
works of, distribute, publicly perform, publicly display, transfer, transmit,
distribute and publish Your Content and subsequent versions of Your Content
for the purposes of (i) displaying Your Content on our sites, (ii) distributing
Your Content, either electronically or via other media, to users seeking
to download or otherwise acquire it, and/or (iii) storing Your Content
in a remote database accessible by end users, for a charge. This license
shall apply to the distribution and the storage of Your Content in any
form, medium, or technology now known or later developed. |
Our site contains content that we create as well as content provided by
third parties. This content includes, among other things, product reviews,
white papers, and stock quotes. It also includes information about products
and services offered by parties other than SE Solutions such as product
descriptions, specifications, pricing, availability and performance. We
do not guarantee the accuracy, integrity or quality of the content on
our sites and you may not rely on any of this content. Without limitation,
we are not responsible for postings by users in the user opinion, message
board or feedback sections of our sites.
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| You may be exposed to content that you find offensive, indecent, objectionable
or that is inaccurate and you bear all risks associated with using that
content. We have the right, but not the obligation, to remove any content
that may, in our sole discretion, violate these Terms or that is otherwise
objectionable. |
| Third-Party Sites, Products and Services |
Our sites may contain links to other Internet sites owned by third parties.
Your use of each of those sites is subject to the conditions, if any,
that each of those sites has posted. We have no control over sites that
are not ours and we are not responsible for any changes to or content
on them. Our inclusion on our sites of any third party content or a link
to a third party site is not an endorsement of that content or third party
site.
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| We do not sell, resell or license any of the products or services that
we review, list or advertise on our sites, and we disclaim any responsibility
for or liability related to them. Your correspondence or related activities
with third parties, including payment transactions and goods delivery
transactions, are solely between you and that third party. You agree that
we will not be responsible or liable for any loss or damage of any sort
incurred as the result of any of your transactions with third parties.
Any questions, complaints or claims related to any product or service
should be directed to the appropriate vendor. |
| SE Solutions' Fee-Based Services |
| Some of the Services require you to pay a fee, as described in the specific
conditions included where those Services are offered. You agree to pay
all fees and charges that you incur. Unless otherwise noted, all currency
references are in South africa Rands (ZAR). We may, upon notice if required
by applicable laws, at any time change the amount of, or basis for determining,
any fee or charge, or institute new fees or charges. All fees and charges
are payable in accordance with payment terms in effect at the time the
fee or charge becomes payable. |
| Privacy Policy |
| All of the information that we collect from you, such as registration
and credit card information, is subject to our privacy policy. Please
click here to see our full privacy policy. |
| Your Conduct On Our Sites |
| If we request registration information from you, you will provide us with
true, accurate, current and complete information. You will promptly update
your registration to keep it accurate, current and complete. If we issue
you a password, you may not reveal it to anyone else. You may not use
anyone else's password. You are responsible for maintaining the confidentiality
of your accounts and passwords. You agree to immediately notify us of
any unauthorized use of your passwords or accounts or any other breach
of security. You also agree to exit from your accounts at the end of each
session. We will not be responsible for any loss or damage that may result
if you fail to comply with these requirements. |
| The technology and software underlying our sites and the Services is the
property of SE Solutions, our affiliates and our partners. You agree not
to copy, modify, rent, lease, loan, sell, assign, distribute, reverse
engineer, grant a security interest in or otherwise transfer any right
to the technology or software underlying our sites or the Services. You
agree not to modify the software underlying our sites in any manner or
form, or to use modified versions of such software, including (without
limitation) for the purpose of obtaining unauthorized access to our sites. |
| Without limiting the foregoing, you agree that you will not use our sites
to take any of the following actions: |
1. Defame, abuse, harass, stalk, threaten or otherwise violate the legal
right of others;
2. Publish, post, upload, email, distribute or disseminate (collectively,
"Transmit") any inappropriate, profane, defamatory, infringing, obscene,
indecent or unlawful content;
3. Transmit files that contain viruses, corrupted files, or any other
similar software or programs that may damage or adversely affect the operation
of another person's computer, our sites, any software or hardware, or
telecommunications equipment;
4. Advertise or offer to sell any goods or services for any commercial
purpose unless you have our written consent to do so;
5. Transmit surveys, contests, pyramid schemes, spam, unsolicited advertising
or promotional materials, or chain letters;
6. Download any file that you know or reasonably should know, cannot be
legally obtained in such manner;
7. Falsify or delete any author attributions, legal or other proper notices
or proprietary designations or labels of the origin or source of software
or other material;
8. Restrict or inhibit any other user from using and enjoying any public
area within our sites;
9. Collect or store personal information about other end users;
10. Interfere with or disrupt our sites, servers or networks;
11. Impersonate any person or entity, including, but not limited to, an
SE Solutions representative, or falsely state or otherwise misrepresent
your affiliation with a person or entity;
12. Forge headers, manipulate identifiers or other data in order to disguise
the origin of any content transmitted through our sites, or to manipulate
your presence on our sites;
13. Take any action that imposes an unreasonably or disproportionately
large load on our infrastructure.
14. Engage in any illegal activities |
| Unauthorized access to our sites is a breach of these Terms and a violation
of the law. You agree not to access our sites by any means other than
through the interface that is provided by SE Solutions for use in accessing
our sites. You agree not use any automated means, including, without limitation,
agents, robots, scripts, or spiders, to access, monitor or copy any part
of our sites except those automated means that we have approved in advance
and in writing. |
| Use of our sites is subject to existing laws and legal process. Nothing
contained in these Terms shall limit our right to comply with governmental,
court and law enforcement requests or requirements relating to your use
of our sites. |
| Requests To Remove Certain Content From Our Sites |
| If you believe that content you own has been copied and made accessible
in a manner that violates your intellectual property rights, please review
our copyright notice. |
| Indemnity |
| You hereby agree to indemnify, defend and hold SE Solutions, and all of
our officers, directors, owners, employees, agents, information providers,
affiliates, partners and licensors (collectively, the "SE Solutions Parties")
harmless from and against any and all liability, losses, costs and expenses
(including attorneys' fees) incurred by any SE Solutions Party in connection
with any claim including, but not limited to, claims for defamation, violation
of rights of publicity and/or privacy, copyright infringement or trademark
infringement arising out of: |
1. Your use of our sites;
2. Any use or alleged use of your accounts or your passwords by any person,
whether or not authorized by you;
3. The content, quality or performance of content that you submit to our
sites;
4. Your connection to our sites;
5. Your violation of these Terms; or
6. Your violation of the rights of any other person or entity. |
| We reserve the right, at our own expense, to assume the exclusive defense
and control of any matter for which you are required to indemnify us and
you agree to cooperate with our defense of these claims. |
| Disclaimers |
| We disclaim any responsibility for the deletion, failure to store, mis-delivery,
or untimely delivery of any information or material. We disclaim any responsibility
for any harm resulting from downloading or accessing any information or
material on the Internet using search results from our sites. We disclaim
any responsibility for, and if you subscribe to one of our fee-based services
you will not be entitled to a refund as a result of, any service outages
that are caused by our maintenance on the servers or the technology that
underlies our sites, failures of our service providers (including telecommunications,
hosting and power providers) computer viruses, natural disasters or other
destruction or damage of our facilities, an act of nature, war, civil
disturbance or other cause beyond our reasonable control. |
| WE DO NOT WARRANT THAT OUR SITES WILL BE UNINTERRUPTED OR ERROR-FREE.
IN ADDITION, WE DO NOT MAKE ANY WARRANTY AS TO THE CONTENT ON OUR SITES.
OUR SITES AND THEIR CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE"
BASIS. ANY MATERIAL THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH OUR
SITES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY
RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS
OF DATA THAT RESULTS FROM YOUR DOWNLOAD OF ANY SUCH MATERIAL. NEITHER
WE NOR ANY OF OUR PARTNERS MAKES ANY WARRANTY THAT (i) OUR SITES WILL
MEET YOUR REQUIREMENTS, (ii) OUR SITES WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE
USE OF OUR SITES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY
PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU PURCHASE OR
OBTAIN THROUGH OUR SITES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS
WILL BE CORRECTED. NEITHER WE NOR ANY OF OUR PARTNERS MAKES ANY WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION,
WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR SITES, ANY CONTENT OR ANY
OUR SERVICES, TOOLS, PRODUCTS OR PROPERTIES. YOU EXPRESSLY AGREE THAT
YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF OUR
SITES AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT. |
NEITHER WE NOR OUR PARTNERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF
OR INABILITY TO USE OUR SITES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
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| SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION
OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS
OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND
THAT OF OUR THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS
SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. |
| Arbitration |
| SE Solutions may elect to resolve any controversy or claim arising out
of or relating to these Terms or our sites by binding arbitration in accordance
with the commercial arbitration rules of the Council for Conciliation
and Arbitration. Any such controversy or claim shall be arbitrated on
an individual basis, and shall not be consolidated in any arbitration
with any claim or controversy of any other party. The arbitration shall
be conducted in Cape Town, South Africa, and judgment on the arbitration
award may be entered in any court having jurisdiction thereof. Either
you or we may seek any interim or preliminary relief from a court of competent
jurisdiction in Cape Town, South Africa necessary to protect the rights
or property of you or SE Solutions (or its agents, suppliers, and subcontractors)
pending the completion of arbitration. |
| Miscellaneous |
| We may be required by law to notify you of certain events. You hereby
acknowledge and consent that such notices will be effective upon our posting
them on our sites or delivering them to you through email. You may update
your email address by visiting the Services where you have provided contact
information. If you do not provide us with accurate information, we cannot
be held liable if we fail to notify you. |
| Our failure to exercise or enforce any right or provision of these Terms
shall not constitute a waiver of such right or provision. |
| You agree that regardless of any statute or law to the contrary, any claim
or cause of action arising out of or related to use of our sites or these
Terms must be filed within one (1) year after such claim or cause of action
arose or be forever barred. |
| These Terms, including all terms, conditions and policies that are incorporated
into these terms by reference, constitute the entire agreement between
you and SE Solutions and govern your use of our sites, superceding any
prior agreements that you may have with us. |
| These Terms shall be construed in accordance with the laws of the South
Africa, and the parties irrevocably consent to bring any action to enforce
these Terms before an arbitration panel or before a court of competent
jurisdiction in Cape Town, South Africa if seeking interim or preliminary
relief or enforcement of an arbitration award. |
| If any part of these Terms is determined to be invalid or unenforceable
pursuant to applicable law, then the invalid or unenforceable provision
will be deemed superseded by a valid, enforceable provision that most
closely matches the intent of the original provision and the remainder
of the Terms shall continue in effect. |
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