Terms & Conditions |PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE (the "Site").
This Site at DOUGLASPARKER.CO.ZA is fully controlled and operated by Douglas Parker Associates (Pty) Ltd, By accessing and using this Site, you are hereby agreeing to be legally bound by the terms and conditions of Douglas Parker Associates (Pty) Ltd. If you do not agree with all of the following terms and conditions, please do not use this Site.
We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such changes and/or modifications shall become effective immediately upon the posting thereof. Please review the terms and conditions periodically. Your continued use of the Site following the posting of changes and/or modifications will constitute your acceptance of the revised terms and conditions.
LICENSE GRANT AND OWNERSHIP OF INTELLECTUAL PROPERTY
All site software, design, text, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, or other copyrightable elements, and the selection and arrangements thereof, and trademarks, service marks and trade names (the "IP") are the property of DOUGLASPARKER.CO.ZA and/or its subsidiaries, affiliates, assigns, licensors or other respective owners and are protected, without limitation, pursuant to South Africa and foreign copyright and trademark laws. DOUGLASPARKER.CO.ZA hereby grants you a personal, non-exclusive, non-assignable and non-transferable license to use and display, for non commercial and personal use only, one copy of any material and/or software that you may download from this Site, including, without limitation, any files, codes, audio or images incorporated in or generated by the software, provided that you maintain all copyright and other notices contained in such IP. You agree not to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate any IP to any third party (including, without limitation, the display and distribution of the IP via a third party website) without the express prior written consent of DOUGLASPARKER.CO.ZA. Use of DOUGLASPARKER.CO.ZA and/or its licensors' IP is only permitted with their express written permission. You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify the IP. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under the law.
DISCLAIMER AND LIMITATION OF LIABILITY
THIS SITE AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. DOUGLASPARKER.CO.ZA is not responsible or liable for any infections or contamination of your system, or delays, inaccuracies, errors, or omissions arising out of your use of this Site or with respect to the information and material contained on this Site. The entire risk as to the quality, accuracy, adequacy, completeness, correctness and validity of any material rests with you. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, DOUGLASPARKER.CO.ZA, AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD PARTY PROVIDERS TO THE SITE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS CONTAINED ON THIS SITE WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY DOUGLASPARKER.CO.ZA OR ANY THIRD PARTY. Notwithstanding the foregoing, in no event shall DOUGLASPARKER.CO.ZA's liability to you for any and all claims, damages, losses, and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you, if any, for accessing this Site.
THIRD PARTY ADS
The appearance of external hyperlinks and/or banners generated by third parties does not constitute endorsement by DOUGLASPARKER.CO.ZA, its parent(s), subsidiaries and/or affiliates, of the opinions or views expressed by these third party websites DOUGLASPARKER.CO.ZA does not verify, endorse, or take responsibility for the accuracy, currency, completeness or quality of the content contained at these sites. Furthermore, DOUGLASPARKER.CO.ZA is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such sites. As such, neither DOUGLASPARKER.CO.ZA nor its subsidiaries and affiliates will be responsible for any errors or omissions or for the results obtained from the use of such information contained in these sites. Finally, DOUGLASPARKER.CO.ZA will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these third party hyperlinked sites.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless, DOUGLASPARKER.CO.ZA, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this agreement by you. DOUGLASPARKER.CO.ZA reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with DOUGLASPARKER.CO.ZA in asserting any available defenses.
MISCELLANEOUS
This Agreement contains the entire understanding and supersedes all prior understanding of the parties hereto relating to the subject matter hereof, and cannot be changed or terminated orally. If any provision of this Agreement is found to be illegal or unenforceable, the Agreement will be deemed curtailed to the extent necessary to make it legal and enforceable and will remain, as modified, in full force and effect. This Agreement and all matters or issues collateral thereto will be governed by, construed and enforced in accordance with the Laws of the South Africa applicable to contracts executed and performed entirely therein (without regard to any principles of conflict of laws), and jurisdiction for any court action in South Africa.
DOUGLASPARKER.CO.ZA Terms and Conditions were last updated in February 2009.