While we do not share the information we collect on our websites with third parties, we do process the information we collect on our websites (registration details, contact details, traffic analysis reports) for in-house purposes: to improve the content of our web pages, to market KLEIN EIKEBOOM brands and products, to fine-tune the behaviour of our websites, to monitor user behaviour, to customize the content and/or layout of our page for each individual visitor and to notify consumers about updates to our website. For the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA).
Agreement : Website use
01. Website ownership and copyright
The Website is owned by KLEIN EIKEBOOM and managed by KLEIN EIKEBOOM as content provider and content aggregator. All materials distributed in the Website (the “Materials”) are owned exclusively by KLEIN EIKEBOOM. Except for downloading one copy of the Materials for your personal, non-commercial home use, you must not reproduce, prepare derivative works based upon, distribute, perform or display the Materials without first obtaining the written permission of KLEIN EIKEBOOM. Materials must not be used in any unauthorized manner. Text, legal opinions and advice, photographs and or graphic material, including the KLEIN EIKEBOOM brand and logo (collectively, the “Materials”) shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium. Neither these Materials nor any portion thereof may be stored in a computer except for personal and non-commercial use.
02. User interaction
Participation: The Website offers an opportunity for you to “Contact Us” (“Message Features”). You must use Message Features in a responsible manner, and are solely responsible for any content you transmit. You must not transmit any message that: imposes an unreasonable or disproportionately large load on the Website’s infrastructure, or otherwise adversely affects, restricts or inhibits any other user from using and enjoying the Website;
- is threatening, abusive, libellous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent;
- constitutes or encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any local, state, national or international law;
- violates, plagiarizes or infringes the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right;
- contains a virus or other harmful component;
- constitutes or contains false or misleading indications of origin or statements of fact;
- contains material irrelevant to the subject matter; or
- contains any virus, Trojan horse, worm, time bomb, cancelbot or other similar harmful or deleterious programming routine.
In order to participate in any Message Feature, you will be asked to provide certain personal information such as, for example, your name and email address. (The Website’s Privacy Statement explains how such information may be collected and used.)
License: By transmitting any Message, you are granting to KLEIN EIKEBOOM a perpetual, royalty-free, non-exclusive, and irrevocable right and license to reproduce, prepare derivative works based upon, distribute, perform or display such Message, in whole or in part, in any form, media or technology known or hereafter developed.
You acknowledge that Messages are not confidential and they may be read, intercepted by others and widely accessible on the World Wide Web. You acknowledge that by submitting Messages to this Website, no confidential, fiduciary, contractually implied or other relationship is created between you and KLEIN EIKEBOOM other than as expressly set forth in this Agreement.
03. Termination and variation of services
KLEIN EIKEBOOM may change, suspend or discontinue any aspect of the Website at any time, including the availability of any Website feature, database, or content. They may also impose limits on certain features and services or restrict your access to parts or the entire Website without notice or liability.
The Website may contain links and pointers to other World Wide Web sites and resources. Links to and from the website to other Web sites maintained by third parties, do not constitute an endorsement by KLEIN EIKEBOOM or any of its affiliates of any third party website or content. KLEIN EIKEBOOM are not responsible for the availability of these third party resources or their contents. You should direct any concerns regarding any external link to its Web site administrator or Webmaster.
05. Disclaimer of warranties
Use of the website and the services, are at your exclusive risk, and the risk of injury from the foregoing rests exclusively with you.
The website, including, but not limited to all services are provided “as is” and without warranties of any kind, either express or implied, including, but not limited to any warranties of title or warranties of merchantability or fitness for a particular purpose.
KLEIN EIKEBOOM do not warrant that: (1) the website or the services will be uninterrupted or error free; (2) defects or errors in the website or services will be corrected; (3) the website or the services will be free from viruses or other harmful components; or (4) any information contained in the website, or the services will be accurate or reliable.
06. Limitations on liability
Notwithstanding any term in this agreement, or other operating term set forth by KLEIN EIKEBOOM, you are exclusively liable for the content of every message you transmit via the website. In no event may KLEIN EIKEBOOM be liable for any direct, indirect, incidental, special or consequential damages arising out of or relating to use of or inability to use the website. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if KLEIN EIKEBOOM have been advised of the possibility of such damages. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, the liability of KLEIN EIKEBOOM in such jurisdictions shall be limited to the extent permitted by law.
You hereby agree to indemnify and hold KLEIN EIKEBOOM – and their respective shareholders, members, directors, officers, employees, agents and representatives – harmless from all claims, liabilities, damages and expenses (including attorneys’ fees and expenses) arising out of or relating to: (1) your use of the website or (2) any alleged breach of this Agreement by you.
This Agreement may be immediately terminated at any time by KLEIN EIKEBOOM in their sole discretion. In addition and without prejudice to any other remedy available to KLEIN EIKEBOOM, and they may immediately terminate this Agreement if you breach any term of this Agreement or other operating term set forth by KLEIN EIKEBOOM.
09. Choice of law and jurisdiction
This website is owned and operated within the Republic of South Africa. Therefore, these terms and conditions are governed by the laws of the Republic of South Africa, and the user consents to the jurisdiction of the Western Cape Division of the High Court in the event of any dispute.
This Agreement constitutes the entire agreement between the parties, and supersedes all prior agreement and communications with respect to the subject matter herein. The section headings in this Agreement are for convenience only and must not be given any legal importance.
By using the website, you signify your agreement to the terms of this Agreement. If you do not agree to the terms in this Agreement, you must not use the Website. KLEIN EIKEBOOM may change the terms of this Agreement at any time, and your use of the website after such changes are posted will mean that you accept them.