These terms and conditions govern your use of this Website www.proxyview.co.za (the “Website”). By using this Website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this Website.
License to use Website
Unless otherwise stated, Proxy View Services (Pty) Ltd trading as Proxy View (“Proxy View” or “we” or “us” or “our” or “its”) own the intellectual property rights in the Website and material on the Website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages or attachments from the Website for your own personal use. This is subject to the restrictions set out below and elsewhere in these terms and conditions.
You may not, without our written authority:
- republish material from this Website (including republication on another Website);
- sell, rent or sub-license material from the Website;
- show any material from the Website in public;
- reproduce, duplicate, copy or otherwise exploit material on this Website for a commercial purpose;
- edit or otherwise modify any material on the Website; or
- redistribute material from this Website except for content specifically and expressly made available for redistribution.
You must not use this Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website. This includes ways which are unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this Website to copy, store, host, transmit, send, use, publish or distribute any material. This includes material which consists of or is linked to any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities. This includes without limitation scraping, data mining, data extraction and data harvesting on or in relation to this Website without our express written consent.
You must not use this Website to transmit or send unsolicited commercial communications.
You must not use this Website for any purposes related to marketing without the express written consent from us.
Access to certain areas of this Website may be restricted. We reserve the right to restrict access to such areas of this Website, or indeed this entire Website, at our discretion.
Proxy View may provide you with a user ID and password to enable you to access restricted areas of this Website or other content or services. You must ensure that the user ID and password are kept confidential.
We may disable your user ID and password in our sole discretion without notice or explanation.
In these terms and conditions, your user content means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this Website, for whatever purpose.
You grant to Proxy View a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant us the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Proxy View or a third party in each case under any applicable law.
You must not submit any user content to the Website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
We reserve the right to edit or remove any material submitted to this Website, or stored on its servers, or hosted or published upon this Website.
Notwithstanding our rights under these terms and conditions in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, this Website.
This Website is provided “as is” without any representations or warranties, express or implied. Proxy View makes no representations or warranties in relation to this Website or the information and materials provided on this Website.
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 risk-related matter you should consult an appropriate professional.
Limitations of liability
Proxy View 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 Proxy View has been expressly advised of the potential loss.
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 Proxy View’s liability in respect of any:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation on our part; 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.
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.
You accept that, as a limited liability entity, Proxy View has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Proxy View’s officers or employees in respect of any losses you may 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 Proxy View’s as well as its directors, officers, employees, agents, subsidiaries, successors, assigns and sub-contractors.
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.
You hereby indemnify Proxy View and undertake to keep its indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by Proxy View arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
Breaches of these terms and conditions
Without prejudice to Proxy View’s other rights under these terms and conditions, if you breach these terms and conditions in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the Website, prohibiting you from accessing the Website, blocking computers using your IP address from accessing the Website, contacting your internet service provider to request that they block your access to the Website and/or bringing court proceedings against you.
We may revise these terms and conditions from time to time. Revised terms and conditions will apply to the use of this Website from the date shown at the bottom of the publication of the revised terms and conditions. Please check this page regularly to ensure you are familiar with the current version.
Proxy View may transfer, sub-contract or otherwise deal with its rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
These terms and conditions constitute the entire agreement between you and Proxy View in relation to your use of this Website, and supersede all previous agreements in respect of your use of this Website.
Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with the laws of the Republic of South Africa and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of the Republic of South Africa.
This document was created using a Contractology template available at http://www.freenetlaw.com.
Date amended: 24 January 2019