Any services or offerings (collectively, the “Services”) provided or offered by or through the Masimong website are made available subject to the following Terms and Conditions. By using the Masimong website, you agree to be bound by, and to comply with, these Terms and Conditions and any further Terms & Conditions that Masimong may prescribe from time to time. Masimong reserves the right to make changes to this site and these disclaimers, terms, and conditions at any time.
All content included on this website, such as text, graphics, logos, button icons, images, audio clips, databases and software, is the property of Masimong or its content suppliers and protected by South African and international copyright laws. Furthermore, the compilation (meaning the collection, arrangement, and assembly) of all content on this website is the exclusive property of Masimong and protected by South Africa and international copyright laws. Without derogating from the above, Masimong authorises you to view, copy, download to a local drive, print and distribute the content of this website, or parts thereof, provided that:
- Such content is used for information purposes only;
- Such content is used for non-commercial purposes;
- Any reproduction of material from this website or portion thereof must include this notice in its entirety.
The information, content, services, products and materials published on this website, including without limitation, text, graphics and links are provided on an “as is” basis. Masimong makes no representations or warranties of any kind, express or implied, as to the operation of this web site or the accuracy, correctness or completeness of the information, contents, materials, or products included on this site. Without limiting the generality of the aforegoing:
- Masimong does not warrant that this website, will be error free, or will meet any particular criteria of accuracy, completeness or reliability of information, performance or quality; and
- Whilst Masimong has taken reasonable measures to ensure the integrity of this website and its contents, no warranty, whether express or implied, is given that any files, downloads or applications available via this website are free of viruses, Trojans, bombs, time-locks or any other date or code which has the ability to corrupt or affect the operation of your system.
Limitation of Liability
In no event shall Masimong and its suppliers/affiliates be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the use of this website. Such limitation shall also apply with respect to damages resulting from the inability to use this website, the operational failure of this website, or for any information, data, products, and services obtained through this website, or otherwise arising out of the use of this website, whether based on contract, delict, strict liability or otherwise, even if Masimong and/or any of its suppliers has been advised of the possibility of damages.
Although reasonable step have been taken to ensure the accuracy and completeness of the contents, data and information on this site, there may be instances where such information proves inaccurate or incomplete. Before placing any reliance on the data and information provided on this site, please consult Masimong directly or approach your own professional advisors. You should take all reasonable steps to ensure and verify the accuracy of the contents, data and information obtained from this site.
Violation and Waiver
Should you violate these Terms and Conditions or any other rights of Masimong, we reserve the right to pursue any and all legal and equitable remedies against you. If we should fail to enforce any right or provision in these Terms and Conditions, you agree that this failure does not constitute a waiver of such right or provision or of any other rights or provisions in these Terms and Conditions. If a court should find that one or more rights or provisions set forth in these Terms and Conditions are invalid, you agree that the remainder of the Terms and Conditions shall be enforceable and that, to the extent permitted by law, the court shall give effect to the parties’ intentions, as reflected in any such right or provision that has been declared invalid or unenforceable.
These terms and conditions shall be governed by and construed in accordance with the laws of the Republic of South Africa without giving effect to the principles of conflicts of laws. You hereby consent to the exclusive jurisdiction of the High Court of the Republic of South Africa in respect of any disputes arising in connection with this web site.
You agree to act responsibly when using the site. Your use of the site may not be for any purpose that may be illegal in South Africa or within the jurisdiction from which you are accessing the site. You may not introduce viruses or code with destructive or contaminating properties or anything of a nature that may damage, place unreasonable burdens on, or interfere with, the operation of the site or the systems on which it runs, nor may you attempt to gain access to any restricted areas of the site without the permission of Masimong. You may not collect any information about other users of the site without their consent.
Links to other websites
This site may contain links to third-party websites. Those sites are independently managed and maintained by such third-party companies or individuals. Masimong does not control those linked sites. Masimong bears no responsibilities for any loss or damage caused by using any websites that are linked to our site and you use such websites at your own discretion and risk.