IMACCS COMPUTER SERVICES WEBSITE DISCLAIMER
Website: http://www.imaccs.co.za
Valid from 1 January 2010
IMACCS COMPUTER SERVICES, hereinafter referred to as us, we, and which includes any owners, employees, representatives, designers.
No Warranties
USE THE WEBSITE AT YOUR OWN RISK. THIS WEBSITE IS PROVIDED TO YOU "AS IS,"
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR
NON-INFRINGEMENT. Neither we nor its employees, agents, third party information
providers, merchants, licensors or the like warrant that the Website or its operation
will be accurate, reliable, uninterrupted or error-free. No agent or representative
has the authority to create any warranty regarding the Website on behalf of us.
Exclusion of Liability
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WE OR ANYONE ELSE INVOLVED IN
CREATING, PRODUCING, STORING OR DISTRIBUTING THE WEBSITE BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY
CONNECTED WITH USE OF THE WEBSITE, DELAY OR INABILITY TO USE THE WEBSITE, OR FOR ANY
INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THE WEBSITE, WHETHER SUCH
DAMAGES ARE BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
Without prejudice to the generality of the foregoing paragraph, we do not
warrant that:
- this website will be constantly available, or available at all; or
- the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any
kind. If you require advice in relation to any [legal, financial or
medical] matter you should consult an appropriate professional.
Limitations of liability
We will not be liable to you (whether under the law of contact, the law of torts
or otherwise) in relation to the contents of, or use of, or otherwise in
connection with, this website:
- to the extent that the website is provided free-of-charge, for any direct loss;
- for any indirect, special or consequential loss; or
- for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or
goodwill, or loss or corruption of information or data.
These limitations of liability apply even if we have been expressly advised of
the potential loss.
Featured Links and Linking
The Website may contain hyperlinks to websites offered by parties other than ourselves
and/or may contain third party advertisements. Such hyperlinks and advertisements are
provided for your reference only. We do not control such other websites and are not
responsible for their content; nor do the inclusion of hyperlinks to such websites,
and any other third party advertising, imply any endorsement of the material on such
websites or any endorsement, agreement on or support of the content, products and/or
services of such third parties.
Source code
You agree not to view the source code or to disassemble any code in the Website.
This includes, but is not limited to, using our web site's name, company name or
logo on your own Internet web site's meta tags, content or source code to confuse
or to divert users to your own web site based on our reputation and name, or to display
your web site on search engines when users are doing a search for our site or company.
Exceptions
Nothing in this website disclaimer will exclude or limit any warranty implied by
law that it would be unlawful to exclude or limit; and nothing in this website
disclaimer will exclude or limit our liability in respect of any:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation on the part of us; or
- matter which it would be illegal or unlawful for us to exclude or limit, or to attempt or purport to exclude or limit, its liability.
Reasonableness
By using this website, you agree that the exclusions and limitations of
liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.
Other parties
You accept that, as a limited liability entity, we have an interest in limiting
the personal liability of our officers, representatives and employees. You
agree that you will not bring any claim personally against our officers,
representatives or employees in respect of any losses you suffer in connection
with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of
warranties and liability set out in this website disclaimer will protect our
officers, representatives, employees, agents, subsidiaries, successors, assigns
and sub-contractors as well as us.
Unenforceable provisions
If any provision of this website disclaimer is, or is found to be, unenforceable
under applicable law, that will not affect the enforceability of the other
provisions of this website disclaimer.
This website disclaimer is based on a precedent created by
template-contracts.co.uk and
published by freenetlaw.com