Disclaimer

1. Disclaimer and limitation of liability

  1. Subject to the provisions of sections 43(5) and 43(6) of the ECT Act, if applicable, and as far as allowed by law, InEssence (including its owners, employees, suppliers, and Internet service provider) shall not be liable for any damage, loss or liability of any nature incurred by whomever and resulting from:
    1. Access to InEssence web site;
    2. Access to web sites linked to InEssence web site/
    3. Inability to access InEssence web site;
    4. Inability to access web sites linked to InEssence web site;
    5. Content available on InEssence web site
    6. Services available from InEssence web site;
    7. Downloads and use of content from InEssence web site; and/or
    8. Any other reason not directly related to InEssence’s gross negligence.
  2. InEssence web site is supplied on an "as is" basis and has not been compiled to meet the User’s individual requirements.
  3. Information, ideas and opinions expressed on InEssence web site should not be regarded as professional advice or the official opinion of InEssence and Users are encouraged to consult professional advice before taking any course of action related to the information, ideas or opinions expressed on InEssence web site.
  4. InEssence does not make any warranties or representation that content and services available from InEssence web site will in all cases be true, correct or free from any errors. InEssence shall take all reasonable steps to ensure the quality and accuracy of content available from InEssence web site.
  5. InEssence does not make any warranties or representations that InEssence web site shall be available at all times. Users acknowledge that InEssence web site may be unavailable due to updates or other causes beyond the reasonable control of InEssence, including, but not limited to virus infections, unauthorised access (hacking), power failure or other "acts of God".

2. Allowed use and license

  1. InEssence allows the User to view, download and print the content of InEssence web site, provided that such content is used for private, personal, educational and/or non-commercial purposes only.
  2. Content from InEssence web site shall not be used or exploited by Users for any commercial and non-private purposes without the prior written consent of InEssence.
  3. Users may not access, browse and use InEssence web site for illegal purposes.
  4. If any User uses content from InEssence web site in breach of the provisions detailed herein:
    • InEssence reserves the right to claim damages from the User;
    • InEssence reserves the right to institute criminal proceedings against the User; and
    • InEssence shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of such content by the User or any third party who obtained any content from the User.
  5. Users may quote small and reasonable amounts of content available from InEssence web site only if such quote is placed in inverted commas and acknowledged.
  6. No person may frame InEssence web site, in any manner whatsoever, without the prior written consent of InEssence.
  7. Apart from bona-fide search engine operators and use of the search facility provided on InEssence web site by Users, no person may use or attempt to use any technology or applications (including web crawlers or web spiders) to search, collect or copy content from InEssence web site for any purposes, numbers without the prior consent of InEssence. E-mail addresses, names, telephone numbers and fax published on InEssence web site may not be incorporated into any database used for electronic marketing or similar purposes. No permission is given or should be implied that information on InEssence web site may be used to communicate unsolicited communications to InEssence and all rights detailed in section 45 of the ECT Act is reserved.
  8. All licenses and/or permissions granted in terms of this clause 2 are provided on a non-exclusive and non-transferable basis and may be terminated or cancelled by InEssence at any time without prior notice or giving reasons therefore.

3. Intellectual property rights

All intellectual property on InEssence web site, including but not limited to content, trademarks, domain names, patents, design elements, software, source code, meta tags, databases, text, graphics, icons and hyperlinks are the property of or licensed to InEssence and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights licensed to the User in clause 2, all other rights to intellectual property on InEssence web site are expressly reserved.

4. Removal and correction of content

Users are encouraged to report untrue, inaccurate, defamatory, illegal, infringing and/or harmful content available from InEssence web site to InEssence and InEssence undertakes to correct and/or remove such content or any part thereof if the person reporting such content provided reasonable grounds to prove the alleged nature of the content.

5. Applicable and governing law

InEssence web site is hosted, controlled and operated from the Republic of South Africa and therefore the South African law enforced by the South African courts governs the use or inability to use InEssence web site, its content, services and these terms and conditions.

6. Legal costs

InEssence shall not be liable for costs incurred by Users to obtain professional advice relating to these terms and conditions.

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