TERMS & CONDITIONS
Website Terms and Conditions of Use Relating to www.johncraig.co.za
These Terms and Conditions (“the Terms and Conditions”) govern your (“the User”) use of the John Craig (Pty) Ltd (“Provider”) website located at the domain name www.johncraig.co.za (“the Website”) and all transactions entered into by the User via the Website. By accessing and using this Website the User warrants that he/she is 18 (eighteen) years old or older and in possession of a valid credit or debit card, acceptable to the Provider and agrees to be bound by the Terms and Conditions set out in this legal notice. The User may not access, display, use, download, and/or otherwise copy or distribute Content obtained on the website for marketing and other purposes without the consent of the Provider.
By using this Website or communicating with the Provider by electronic means, the user consents and acknowledges that all agreements, notices, disclosures, or other communications satisfy any legal requirement, including but not limited to the requirement that such recordals and communications should be in writing.
Updating of these Terms and Conditions
Provider reserves the rights to change, modify, add, replace or remove portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to this Website. It is the User’s obligation to periodically check these Terms and Conditions at the Website for changes or updates. The User’s continued use of this Website following the posting of changes or updates will be considered notice of the User’s acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.
Copyright and Intellectual Property Rights
Provider provides certain information on the Website. Content currently or anticipated to be displayed on this Website is provided by Provider, its affiliates and/or subsidiary, or any other third party owners of such content, and includes, but is not limited to Literary Works, Musical Works, Artistic Works, Sound Recordings, Cinematograph Films, Sound and Television Broadcasts, Program-Carrying Signals, Published Editions and Computer Programs (“the Content”). All such proprietary works and the compilation of the proprietary works, carry the copyright of the Provider, its affiliates or subsidiaries, or any other third party owner of such rights (“the Owners”), and is protected by South African and international copyright laws. The Provider reserve the right to make any changes to the Website, the Content, or to products and/or services offered through the Website at any times and without notice. All rights in and to the Content is reserved and retained by the Owners. Except as specified in these Terms and Conditions, the User is not granted a license or any other right including without limitation under Copyright, Trademark, Patent or other Intellectual Property Rights in or to the Content.
Limitation of liability
The Website and all Content on the Website, including any current or future offer of products or services, are provided on an “as is” basis, and may include inaccuracies or typographical errors. The Provider makes no warranty or representation as to the availability, accuracy or completeness of the Content. Neither Provider nor any holding company, affiliate or subsidiary of Provider, shall be held responsible for any direct or indirect special, consequential or other damage of any kind whatsoever suffered or incurred, related to the use of, or the inability to access or use the Content or the Website or any functionality thereof, or of any linked website, even if Provider is expressly advised thereof.
Use of Website
The User shall not do anything or permit any third parties to do any of the following:
- Post or transmit any unlawful, threatening, abusive, libellous, defamatory, obscene, pornographic, or profane information of any kind, including without limitation, any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any local, provincial, state, national or international law;
- Post or transmit any information or software that the sender is aware contains a virus or other harmful component;
- Upload, post, publish, transmit, reproduce or distribute in any way information, software or material which is protected by copyright or other proprietary right without obtaining the permission of the copyright owner or right holder;
- Account sharing, including, without limitation, letting third parties use his/her account and password
Privacy: casual surfing
The User may visit the Website without providing any personal information. The Website servers will in such instances collect the IP address of the User computer, but not the email address or any other distinguishing information. This information is aggregated to measure the number of visits, average time spent at the Website, pages viewed, etc. Provider uses this information to determine use of the Website, and to improve Content thereon. Provider assumes no obligation to protect this information, and may copy, distribute or otherwise use such information without limitation.
Choice of Law
This Website is controlled, operated and administered by Provider from its offices within the Republic of South Africa. Access to the Website from territories or countries where the Content or purchase of the products sold on the Website is illegal is prohibited. The User may not use this Website in violation of South African export laws and regulations. If the User accesses this Website from locations outside of South Africa, that User is responsible for compliance with all local laws. These Terms and Conditions shall be governed by the laws of the Republic of South Africa, and the User consents to the jurisdiction of the Witwatersrand High Court in the event of any dispute. If any of the provisions of these Terms and Conditions are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect. These Terms and Conditions constitute the entire agreement between the Provider and the User with regard to the use of the Content and this Website.