If you use the Acceleration website (the "Website") you agree to be bound by these terms and conditions.
In these terms and conditions, "we" and "us" means Acceleration (which is a trading name of Acceleration eMarketing (PTY) LTD, a company registered in South Africa whose registered office is at 2nd Floor, Longkloof Studios, Darters Road, Gardens, 8001.)
2. Access to the Website and content
2.1 The information provided by us on the Website is not in any way an invitation or recommendation to buy any products or services featured and you should seek appropriate independent advice.
2.2 We will endeavour to allow uninterrupted access to the Website, but access to the Website may be suspended, restricted or terminated at any time.
2.3 We reserve the right to change, modify, substitute or remove without notice any information on the Website from time to time.
2.4 We assume no responsibility for the contents of any other websites to which the Website has links.
3. Intellectual Property
3.1 The copyright in the material contained in the Website, together with the website design, text and graphics, and their selection and arrangement, and all software compilations, underlying source code and software (including applets) belongs to Acceleration, its subsidiaries or the providers of such information and is protected by South African and international; copyright laws and treaties. All rights are reserved. None of this material may be reproduced or redistributed without our written permission. You may, however, download or print a single copy for your own non-commercial off-line viewing.
3.2 The trademarks, service marks, logos and other proprietary names and identifiers which are owned by Acceleration and displayed on the Website may not be used in connection with any product or service that does not belong to Acceleration. Furthermore nothing contained within the Website should be construed as granting a licence or right to use any of the trademarks without the express, written permission of Acceleration. Other product and company names mentioned on this Website may be the trademarks or registered trademarks of their respective owners.
4. Exclusions of liability
4.1 We use reasonable endeavours to ensure that the data on the Website is accurate and to correct any errors or omissions as soon as practicable after being notified of them. We do not monitor, verify or endorse information submitted by third parties for posting on the Website and you should be aware that such information may be inaccurate, incomplete or out of date. To the extent permitted by applicable law, we disclaim all warranties and representations (whether express or implied) as to the accuracy of any information contained on the Website. We do not guarantee that the Website will be fault free and do not accept liability for any errors or omissions.
4.2 Due to the nature of electronic transmission of data over the internet and the number of users by whom data is posted onto the Website, any liability we may have for any losses or claims arising from an inability to access the Website, or from any use of the Website or reliance on the data transmitted using the Website, is excluded to the fullest extent permissible by law. In no event shall we be liable for any indirect loss, consequential loss, loss of profit, data, revenue, business opportunity, anticipated savings, goodwill or reputation whether in contract, tort or otherwise arising out of or in connection with this agreement or use of the Website save where such liability cannot be excluded by law.
4.3 We do not give any warranty that the Website is free from viruses or anything else which may have a harmful effect on any technology.
5. User name and password
5.1 On registering with us, you are issued with a user name and password that must be used in order to access certain restricted parts of the Website. The user name and password are personal to you and are not transferable.
5.2 Your user name and password are the methods used by us to identify you and so are very important. You are responsible for all information posted on the Website by anyone using your user name and password and any payments due for services accessed through the Website by anyone using your user name and password. Any breach of security of a user name and password should be notified to us immediately.
5.3 You may not adapt or circumvent the systems in place in connection with the Website, nor access the Website other than through normal operations.
6. Data submitted by users
6.1 We accept no liability for data supplied by any user for display on the Website and the limitations in condition 4 above (Exclusions of liability) apply.
6.2 If you submit data for display on the Website you are responsible for ensuring that the data is accurate, complete and up to date and for updating that data where necessary.
6.3 If you submit data for display on the Website you are responsible for ensuring that no data is uploaded or submitted which is untrue, defamatory, obscene or abusive or otherwise objectionable or in breach of any applicable laws or rights of third parties.
6.4 You warrant that you have taken all reasonable precautions to ensure that any data you upload or otherwise submit to the Website is free from viruses and anything else which may have a contaminating or destructive effect on any part of the Website or any other technology.
6.5 We reserve the right (without limiting our rights to seek other remedies) to remove offending material placed on the Website that we consider to constitute a misuse of the Website or which is otherwise harmful to other users of the Website.
6.6 You will indemnify us for any claim or loss (including without limitation, economic loss) suffered by us arising out of your failure to observe any of the terms of this condition 6.
6.7 Condition 6.5 may be enforced by the following people in their own right:
(a) any third party with whom we contract for content or advertising; and
(b) our employees or agents
at the time of any failure to observe.
7. Data protection
8.1 We may terminate your access to the Website and the services within it on not less than 3 days' written notice to you.
8.2 All disclaimers, indemnities and exclusions in these terms and conditions shall survive termination of the agreement between us for any reason.
9.1 If any provision of these terms and conditions is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and the validity and enforceability of the remaining provisions of these terms and conditions shall not be affected.
9.2 We may modify these terms and conditions at any time by publishing the modified terms and conditions on the Website. Any modifications shall take effect 3 days after posting on the Website.
10. Governing law
10.1 These terms and conditions shall be governed by and construed in accordance with the laws of the Republic of South Africa without giving effect to the principles of conflicts of laws.
10.2 Any disputes shall be subject to the exclusive jurisdiction of the High Court of the Republic of South Africa, to which both parties submit.
11. Violation and Waiver
11.1 Should you violate these terms and conditions or any other rights of Acceleration, Acceleration reserves the right to pursue any and all legal and equitable remedies against you. If Acceleration should fail to enforce any right or provision in these terms and conditions, you agree that this failure does not constitute a waiver of such right or provision or of any other rights or provisions in these terms and conditions.
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