Legal terms of use
6. Disclaimer
6.1 Whilst the Company endeavours to ensure that the information on the Website is correct, the Company does not warrant the accuracy and completeness of the material on the Website. The Company may make changes to the material on the Website, or to the products and prices described in it, at any time without notice. The material on the Website may be out of date, and the Company makes no commitment to update such material.
6.2 The material on the Website is provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, the Company provides you with the Website on the basis that the Company excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which, but for this legal notice, might have effect in relation to the Website and you agree and acknowledge that the limitations and exclusion of liability and warranty provided in these Terms are fair and reasonable.
6.3 We do not guarantee that our site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access our Website and it is your responsibility to ensure your own virus protection software is in place.
7. Liability
7.1 The Company, any other party (whether or not involved in creating, producing, maintaining or delivering the Website), and any of the Company’s group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), (contract or otherwise) in connection with the Website in any way or in connection with the use, inability to use or the results of use of the Website, any websites linked to the Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website or your downloading of any material from the Website or any websites linked to the Website.
7.2 Nothing in this legal notice shall exclude or limit the Company’s liability for:
(a) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); or
(b) fraud; or
(c) misrepresentation as to a fundamental matter; or
(d) any liability which cannot be excluded or limited under applicable law.
7.3 If your use of material on the Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
7.4 The content on our Website is provided for general information only. It is not intended to amount to advice on which you should reply. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
8. Governing Law and Jurisdiction
8.1 This legal notice shall be governed by and construed in accordance with South African law.
8.2 To the fullest extent permitted by law, you hereby expressly agree that any disputes arising in connection with this legal notice or relating to your use of the Website, information, services and content shall be subject to the exclusive jurisdiction of the South African courts and you expressly waive any objection that you may have now or hereafter to the laying of the venue or to the jurisdiction of any such proceedings. You agree that any claim or cause of action arising out of or related to your use of the Website, information, services and/or content must be filed within one (1) year after such claim or cause of action arose.
8.3 You may not assign these Terms or any of your interests, rights or obligations under these Terms. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms which shall remain in full force and effect. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
9. Language
9.1 Both you and the Company declare that they have required that these Terms and all documents related hereto, either present of future, be drawn up in the English language only.
10. Complete Agreement
10.1 Except as expressly provided in a separate licence, service or other written agreement between you and the Company these Terms constitute the entire agreement between you and the Company with respect to the use of the Website and any software, service, information and content contained therein and supersede all discussions, communications, conversations and agreement concerning the subject matter hereof.
11. Contact Us
11.1 To contact us please email info@ashkco.com
© 2015 Ashkco (Pty) Limited, terms of use