TERMS & CONDITIONS
1. INTENDED AUDIENCE/USE:
1.1 Pinnacle Africa ("Pinnacle") provides this Web site,
www.proline.co.za (the "Site") to you,
subject to these Terms of Use. By using this site, you signify your assent to the terms of use
recorded herein and agree to be bound by them.
1.2 The Terms of Use may be updated by Pinnacle from time to time without notice to you.
1.3 This Web site and all the information,
communications, downloads, software, scripting, photos, text, video, graphics, music,
sounds, images and other materials and services found on the
Site (collectively "Content"), is intended for the lawful use of Pinnacle's
customers, dealers, employees and members of the general public. The Site is controlled
and operated in whole or in part by Pinnacle from its offices within South
Africa. Pinnacle makes no representation that these materials are
appropriate or available for use in other locations. Those who access the Site
do so at their own risk. You acknowledge that Pinnacle reserves the right in
its sole discretion to refuse or terminate access to the Site by you at any time.
1.4 If you are under the age of 18, you must ask
your parents or guardian before you:
1.4.1 E-mail the site, or ask us to e-mail you anything; or
1.4.2 Send in any information; or
1.4.3 Enter any contest.
2. RESTRICTIONS ON USE OF CONTENT:
2.1 THE UNAUTHORISED COPYING, DISPLAYING OR OTHER
USE OF ANY CONTENT FROM THIS SITE IS A VIOLATION OF THE LAW.
2.2 You acknowledge having been advised by
Pinnacle that the Content is protected in South Africa and internationally
by a variety of laws, including but not limited to, copyright laws and treaty
provisions, trademark laws, patent laws, and other proprietary rights laws
(collectively "Rights").
2.3 In addition to Pinnacle's Rights in
individual elements of the Content, Pinnacle or its licensors own a
copyright in the selection, coordination and arrangement of the Content.
2.4 You are hereby granted permission to access the
Content from the Site in whole or in part, solely for your personal,
NON-COMMERCIAL use of viewing and browsing through the Site or ordering products
or services from the Site. This permission terminates automatically if you
breach any of the Web Site Terms of Use. Use of the Content is limited to use
authorised in terms of the Site. All other use of Content from the Site,
including, but not limited to uploading, downloading, modification, publication,
transmission, participation in the transfer or sale of, copying, reproduction,
republishing, creation of derivative works from, distribution, performance,
display, incorporation into another web site, reproducing the Site (whether by
linking, framing or any other method), or in any other way exploiting any of the
Content, in whole or in part, or downloading and using software repeatedly for
uses other than those expressly permitted may not be made without Pinnacle's
prior express written consent. By posting content on the Site, you are giving
Pinnacle the right to display such content on the Service and to use such
content for promotional and marketing purposes.
3. TRADEMARKS AND SERVICE MARKS:
There are a number of proprietary logos, service
marks, trademarks, slogans and product designations found on this Site. By
making them available on this Site, Pinnacle is not granting you a license
to use them in any fashion. Access to this Site does not confer upon you any
license under any of Pinnacle's or any third party's intellectual property
rights.
4. PRIVACY AND SECURITY:
All personal information obtained by Pinnacle through your use of this
website is protected as set out in our Privacy Policy.
5. LINKS
5.1 No person, business or web site may link to any
page on this site without the prior written permission of Pinnacle.
5.2 This Site may provide links to other
third-party World Wide Web sites or resources. Pinnacle makes no
representations whatsoever about any other web site which you may access through
this Site. Because Pinnacle has no control over such sites and resources,
you acknowledge and agree that Pinnacle is not responsible for the
availability of such external sites or resources and is not responsible or
liable for any Content, advertising, products, services or other materials on or
available from such sites or resources. Pinnacle makes no representation or
warranty as to any third party Content, products or services, and you agree that
Pinnacle shall not be responsible or liable, directly or indirectly, for any
damage or loss caused or alleged to be caused by or in connection with use of or
reliance on any such third-party Content, products or services available on or
through any such site or resource.
6. PARTICIPATION IN PROMOTIONS, COMPETITIONS AND OTHER SITE ACTIVITIES:
If you choose to participate in a promotion,
competition or other Pinnacle-sponsored activity ("Website Activity"), you
agree to comply with any rules or regulations governing such Website Activity.
7. TRANSMITTED MATERIAL
Internet Transmissions are never completely private
or secure. You understand that any message or information you send to the site
may be intercepted by others, unless such message or information is encrypted.
Sending a message to Pinnacle does not cause Pinnacle to have a special
responsibility to you.
8. DISCLAIMER OF WARRANTY
8.1 Pinnacle does not warrant or make any
representations regarding the availability, use, timeliness, security, validity,
accuracy, reliability, results of use,
the content of the site or any other web sites linked to or from the Site.
8.2 Although Pinnacle intends to take reasonable
steps to prevent the introduction of viruses, worms, "Trojan horses" or other
destructive materials to this Site, it does not guarantee or warrant that this
Site or materials that may be downloaded from this Service do not contain such
destructive features. Any material downloaded or otherwise obtained through the
use of the site is done at your own discretion and risk and you are solely
responsible for any damage to your computer system or loss of data that results
from the download of any such material, or use of this site.
8.3 The content of the site is provided "as is" and
on an "as available" basis, without warranties of any kind either express or
implied. The site has not been compiled or supplied to meet the user’s
individual requirements and it is your sole responsibility to satisfy yourself
that the service available from this website will meet your needs and requirements
prior to entering into any agreement with Pinnacle.
8.4 To the fullest extent possible pursuant to
applicable law, Pinnacle disclaims all warranties, express or implied,
including, but not limited to, implied warranties of merchantability, fitness
for a particular purpose, non-infringement or other violation of rights. No
advice or information, whether oral or written, obtained by you from
Pinnacle shall be deemed to alter this disclaimer of warranty, or to create
any warranty.
9. LIMITATION OF LIABILITY:
Pinnacle will not be liable for any damages of
any kind arising out of or relating to the use or the inability to use this
site, its content or links, including but not limited to damages caused by or
related to errors, omissions, interruptions, defects, delay in operation or
transmission, computer virus, line failure, and all other direct, indirect,
special, incidental or consequential damages even if Pinnacle has been
advised of the possibility of such damages.
10. INDEMNITY
You agree to indemnify and hold harmless Pinnacle,
its directors, officers, shareholders, managers, employees, family members, subsidiaries,
affiliates, contractors, agents, and licensors, from and against all losses, expenses,
damages and costs, including reasonable attorneys' fees, resulting from any
violation of this Agreement.
11. ADDRESS FOR SERVICE
The address for service for all purposes relating to
these terms of use including the giving of any notice, the serving of any
process, is Pinnacle Africa, The Summit, 269 16th Street, Randjiespark, Midrand.
12. GENERAL
12.1 Pinnacle may modify, suspend, withdraw or
discontinue, temporarily or permanently, the Content, in whole or in part, at
any time without notice. You agree that Pinnacle shall not be liable to you
or to any third party for any modification, suspension, withdrawal or
discontinuance of the Content. Pinnacle may at any time revise these website
Terms and Conditions by updating this posting. By using the Site, you agree
to be bound by any such revisions and you agree to periodically visit this page
to determine the then current website Terms and Conditions to which you are bound.
12.2 These terms shall be governed by and construed in accordance with
the laws of the Republic of South Africa without giving effect to any principles
of conflict of law.
12.3 You hereby consent to exclusive jurisdiction of the
High Court of South Africa in respect of any disputes arising in connection with
the services referred to herein, or the terms or any matter related to or in
connection therewith.
13.Full Electronic Communications Disclaimer
Every effort is made to provide accurate and
complete information. However, given the substantial amounts of information for
our communications at the time of dissemination, often uploaded within short
deadlines, we cannot guarantee that there will be no errors. We therefore accept
no responsibility for any loss or damage which may arise from reliance on
information contained in any communication sent. Neither Pinnacle, nor
its holding company Pinnacle Technology Holdings (Pty) Ltd, nor their employees
and contractors, nor their subsidiaries and affiliates make any warranty with respect
to the accuracy of any information expressed or implied in any communication.
The information in this communication (which includes any files transmitted with
it) is confidential and may be legally privileged. It is intended solely for the
addressee. Access to this e-mail by anyone else is unauthorised. If you are not
the intended recipient, any disclosure, copying, distribution or any action
taken or omitted to be taken in reliance on it, is prohibited and may be
unlawful. When addressed to our clients any opinions or advice contained in this
communication are subject to the terms and conditions expressed in any governing
client engagement letter. The contents of an attachment to this e-mail may
contain software viruses which could damage your own computer system. While
Pinnacle has taken every reasonable precaution to minimise this risk, we
cannot accept liability for any damage sustained as a result of software
viruses. You should carry out your own virus checks before opening the
attachment. Copyright in this e-mail and any document created by us will
remain vested in us and will not be transferred to you. We assert the right to
be identified as the author of and to object to any misuses of the contents of
this communication or such documents.
14.UnSubscribe
We at Pinnacle make it our business to educate and inform you! However,
should you not wish to receive any further
communications from us, you can unsubscribe from our info-mailers and special
offers by sending an e-mail noting such intent to webmaster@proline.co.za.