The Terms are the general terms of the relationship between IWC and
Visitor. The Terms cover the use of this web site, including any other
marketing material of IWC. By visiting and using this web site, each
Visitor accepts and agrees to The Terms.
DEFINITIONS AND INTERPRETATION
Definitions. For purposes of the Terms: "Terms"
means these terms, consisting of:
2. any other relevant specific terms, policies, disclaimers, rules
and notices agreed between the parties, (including any that may be
applicable to a specific section or module of this web site);
“IWC” means Indusrial Water Cooling Pty Ltd,
registration number 1986/000115/07
“Visitor” or “you” means
any person who visits this web site.
Interpretation. A word defined or assigned a meaning
in the Terms will start with a capital letter. All headings are inserted
for reference purposes only and must not affect the interpretation
of the Terms. Whenever “including” or “include”, or “excluding”
or “exclude”, together with specific examples or items follow
a term, they will not limit its ambit. Terms other than those defined
within the Terms will be given their plain English meaning. References
to any enactment will be deemed to include references to the enactment
as re-enacted, amended, or extended from time to time. A reference
to a person includes a natural and juristic person and a reference
to either party includes the party’s successors or permitted assigns.
Unless otherwise stated in the Terms, when any number of days is prescribed
in the Terms the first day will be excluded and the last day included.
The rule of construction that an agreement must be interpreted against
the party responsible for its drafting or preparation does not apply.
GMT +2 will be used to calculate any times.
Conflict. If there is a conflict of meaning between
disclaimers, rules and notices agreed between the parties, the specific
terms will prevail in respect of your use of the relevant section
or module of the web site.
USE OF THIS WEB SITE
License to use this web site. IWC grants each Visitor
a limited, revocable license to use this web site subject to the Terms.
Any person wishing to use this web site contrary to the Terms must
obtain IWC’s prior written consent.
Framing. No person, business, or web site may frame
this web site or any of the pages on this web site.
Linking. Visitor may link to the web site only
by linking to the home page www.IWC.co.za of this web site. IWC prohibits
Visitor from “deep linking” to any other pages in a manner that
would incorrectly suggest endorsement or support of Visitor by IWC
or suggests Visitor is the owner of any intellectual property belonging
Spiders and Crawlers. No person, business, or web
site may use any technology (including spiders or crawlers) to search
and gain any information from this web site.
IWC may modify, suspend, or discontinue providing this web site (with
or without notice) and will not be liable.
CAPACITY OF CUSTOMER
Each Visitor represents and warrants that Visitor :
1. is old enough under applicable law to enter into the Terms;
2. possesses the legal right, full power, and authority to enter
into the Terms;
3. will submit true, accurate and correct information to IWC and
this web site.
If Visitor is younger than 18 years of age, Visitor warrants that
Visitor has the consent of its legal guardian to enter into the Terms
or that Visitor has obtained legal status in another manner.
Ownership. Except as provided to the contrary in
the Terms, all right, title, interest, and ownership (including all
rights under all copyright, patent, and other intellectual property
laws) in, to or of this web site are the sole property of or will
vest in IWC or a third party licensor. All moral rights are reserved.
Trademarks. IWC’s logo and sub-logos, marks,
and trade names are the trademarks of IWC and no person may use them
without permission. Any other trademark or trade name that may appear
on this web site or other marketing material of IWC is the property
of its respective owner.
Restrictions. Except as expressly permitted under
the Terms, this web site may not be:
1. modified, distributed, or used to make derivative works;
2. rented, leased, loaned, sold or assigned;
3. decompiled, reverse engineered, or copied; or
4. reproduced, transferred, or distributed.
Prosecution. All violations of proprietary rights
or the Terms will be prosecuted to the fullest extent permissible
under applicable law.
DISCLAIMER OF WARRANTIES
Use of this web site is at the sole responsibility and risk of each
Visitor. This web site is provided on an “as is” and “as available”
basis. Except for the warranties given in the Terms, IWC expressly
disclaims all representations, warranties, or conditions of any kind,
whether express or implied, including any implied warranties or conditions
of satisfactory quality, no latent defects, fitness for a particular
purpose, accuracy, quiet enjoyment, title, and non-infringement. IWC
does not warrant that this web site will meet the requirements of
any Visitor or be uninterrupted, be legally effective or complete,
timely, secure, error-free or free from infection by malicious software.
Each Visitor agrees to indemnify, defend, and hold harmless IWC (and
those related to it and its officers, agents, co-branders or other
partners, and employees) from and against any claim, demand, loss,
damage, cost, or liability (including reasonable attorneys' fees)
arising out of or relating to its use of this web site.
LIMITATION OF LIABILITY
Correct faults. IWC will correct any fault in this
web site where possible and as soon as reasonably practical and this
is its entire liability regarding any fault in the web site. If this
clause is held inapplicable or unenforceable, then the following clause
Direct damages limited. To the extent permitted
by applicable law, regardless of the form (whether in contract, tort,
or any other legal theory) in which any legal action may be brought,
IWC’s maximum liability to a Visitor for direct damages for anything
giving rise to any legal action will be an amount equal to R100. The
aggregate amounts for all
claims will not be greater than the maximum amount.
Indirect damages excluded. To the extent permitted
by applicable law, in no event will IWC (or its personnel) be liable
for any indirect, incidental, special or consequential damages or
losses (whether foreseeable or unforeseeable) of any kind (including
loss of profits, loss of goodwill, damages relating to lost or damaged
data, or loss of use) arising from the Terms.
Other web site. IWC is not liable for any other
web site provided by any third party.
Discontinue this web site. The Terms will automatically
terminate if IWC discontinues this web site.
Breach . If a Visitor:
1. commits a breach of the Terms; or
2. repeatedly infringes the copyrights or other rights of others;
Visitor agrees that IWC may, to the extent permitted by applicable
law and without prejudice to its rights in the Terms or in law, terminate
access to or use of the web site, claim specific performance of the
Terms, and claim damages from Visitor.
Entire Agreement. The Terms constitutes the entire
agreement between the parties in respect of the subject matter of
Changes. The Terms may be changed at any time by
IWC and where this affects the rights and obligations of a Visitor,
IWC will notify the Visitor of any changes by placing a notice on
this web site. If a Visitor does not agree with the change the Visitor
should stop using this web site. If a Visitor continues to use this
web site following notification of a change to the Terms, the changed
terms will apply to the Visitor.
Fact related to web site. A certificate, signed
by an administrator of this web site, of any fact related to this
web site (including the version of the Terms that governs a particular
dispute and what content was published or functionality was available
on the web site at a specific point in time) will be conclusive irrefutable
proof of the correctness of the certificate’s contents.
Waiver. No granting of time or forbearance will
be, or be deemed to be, a waiver of the Terms and no waiver of any
breach will operate as a waiver of any continuing or subsequent breach.
Severability. If any term is void, unenforceable,
or illegal, the term will be severed and the remainder of the Terms
will have full force and effect, provided the severance does not alter
the nature of the Terms.
Governing Law and jurisdiction. The Terms are governed
by and must be interpreted under the laws of the Republic of South
Africa and Visitor agrees to submit to the exclusive jurisdiction
of the South African courts.