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Thank
you for visiting our website. Before you go any further it is important
that you read and understand the conditions under which you'll use
the site.
Acceptance
These
conditions become effective when you access the site for the first
time and constitute a binding agreement between us, Spearhead IT Industries PTY (Ltd) and yourself, which will always prevail. The current version
of these conditions will govern our respective rights and obligations
each time you access this site.
Online
Services
Our
online services are subject to registration procedures and approvals,
which we may accept or reject at our sole discretion. These online
services are governed by separate terms and conditions that are available
on the relevant sections of this site where the online services are
provided. In the event of conflict between conditions, the provisions
of the service terms will apply.
Nature
of Information on the Site
All
information on this site is only intended to provide you with general
information about us, our products, services and objectives. Nothing
on this site should be treated as an offer but merely as an invitation
to do business with us.
We
may provide information from time to time on our products. Such information
may only be estimations and actual events or results may differ.
All information is provided "as is" and should not be treated as
professional or technical advice of any kind. You should consult
your own professional advisors before relying on any information
on this site or feel free to contact us on +27 21 913 7925 or email
sales@t-s-c.co.za.
Your
Privacy and Security
Spearhead IT Industries PTY (Ltd) respects users rights to privacy and confidentiality
and consequently undertakes not to sell or exchange personal information
with any third party outside of Spearhead IT Industries PTY (Ltd) for any purpose
whatsoever. However, Spearhead IT Industries PTY (Ltd) reserves the right to
disclose or report personal information in limited circumstances
where it is believed in good faith, that disclosure is required under
law, to co-operate with regulators or law enforcement authorities,
to perform necessary credit checks or collect or report debts owed
to Spearhead IT Industries PTY (Ltd) or to protect its rights or property.
Our
commitment to your privacy and security of your personal information
is outlined in our privacy and security statement.
Amendments
to these Conditions
We
may amend these conditions from time to time. By accessing this site
you are bound to the version of the conditions published here at
the time of any visit to this site. You agree to view the current
version each time you access the site.
Information
Feeds
We
may use the services of other organisations to provide information
on the site. We have no control over this information and make no
representations or warranties of any nature as to its accuracy, appropriateness
or correctness. You agree that such information is provided "as is"
and we will not be directly or indirectly liable for any damages
that may arise from your reliance on it.
All
quotes, news, product information or data shown on the site by way
of live information feeds are delayed by at least 15 minutes unless
otherwise stated. You should always select the "refresh" or similar
page update function on your internet browser to ensure that the
information you are viewing is the most current.
Permission for Hyperlinks
Nobody
may establish a hyperlink, frame, metatag or similar reference, whether
electronically or otherwise (collectively referred to as linking),
to this site or any subsidiary pages before receiving our prior written
approval, which may be withheld or granted subject to the conditions
we specify from time to time.
An
application for linking must be submitted to sales@t-s-c.co.za. Once received
we will do our best to respond and enter into further discussions
with you. If you don't get a written response from us within five
business days, consider your request as having been rejected.
Breach
of these conditions entitles us to take legal action without prior
notice to you and you agree to reimburse the costs associated with
such legal action to us on an attorney and own client scale.
Our
Intellectual Property
We
retain all copyright and other intellectual property rights in all
material, including logos and other graphics and multimedia works
published on or via the site (except those published by third parties).
You are authorised to view and download one copy to a local hard
drive or disk, print and make copies of such printouts, provided
that:
the material is used for considering use of the online services and
for no other commercial purposes;
any reproduction of our proprietary material from this site or
portion of it must include our copyright notice in its entirety.
The
logos and trademarks shown on this site are our registered and unregistered
trademarks or that of third parties. Nothing on this site should
be construed as granting any licence or right to use any trademark
without our prior written permission and/or that of third parties,
as the case may be. You may not, without our prior written permission,
use our intellectual property or that of third parties for any other
purposes. An application to use our intellectual property must be
submitted to sales@t-s-c.co.za Upon receiving
your application we will do our best to respond and enter into further
discussions with you. If you don't get a written response from us
within five business days, consider your request as having been rejected.
Irrespective
of the existence of copyright, you acknowledge that we are the proprietor
of all material on the site, whether it constitutes confidential
information or not, and that you have no right, title or interest
in any such material.
Software
You
are required to use and maintain hardware and software of sufficient
quality and performance capability and to use only the latest versions
of Microsoft Internet Explorer and Netscape browsers. Your failure
to use these browsers may result in a higher security risk and/or
cause some or all of the functionality of the site not to operate
properly or at all.
Software,
if any, made available for download on or via our site is governed
by licence conditions that establish a legal relationship with the
licensor. You indemnify us against any breach of these licence conditions.
We give no warranty and make no representation, whether express or
implied, as to the quality or fitness for purpose of the use of such
software.
No
warranty, whether express or implied, is given that any files, downloads
or applications available via this site are free of viruses, trojans,
bombs, time-locks or any other data or code which has the ability
to corrupt or affect the operation of your computer, database, network
or other information system.
Transmission
of Information
Information
transmitted via the internet, including e-mail, is susceptible to
unlawful access or monitoring. Users shall bear all risk of transmitting
such information in this manner and under no circumstances will Spearhead IT Industries PTY (Ltd) be liable for any loss, harm or damage suffered
by them as a result thereof. Spearhead IT Industries PTY (Ltd) reserves the right
to request independent verification of any information transmitted
via the website or e-mail.
Termination,
Suspension and Limitation
We
may modify, suspend or discontinue the site, whether temporarily
or permanently, without notice. We may also impose limits or conditions
on the right to certain services, features or functions and we may
restrict access to parts of or all of the services on the site.
No
Warranties or Representations
We
do not warrant that the site or online services will be error-free
or will meet any particular criteria of accuracy, completeness or
reliability of information, performance or quality.
We
expressly disclaim all implied warranties, including, without limitation,
warranties of merchantability, title, fitness for a particular purpose,
year 2000-compliance, non-infringement, compatibility, security and
accuracy.
Disclaimer
and Limitation of Liability
Although
we have taken care to ensure that the content on this site is accurate
and that you suffer no loss or damage as a result of your use of
this site, this site and the online services are provided "as is".
Use
of this site and the online services is entirely at your own risk.
You assume full responsibility for the risk or loss resulting from
your use of this site and your reliance on the material and information
contained on it.
We
and our affiliates, shareholders, agents, consultants or employees
are not liable for any damages whatsoever relating to your use of
this site or the online services or the information contained on
this site or your inability to use this site or the online services.
This includes, without limitation, any direct, indirect, special,
incidental, consequential or punitive damages, whether arising out
of contract, statute, delict or otherwise and regardless of whether
we were expressly advised of the possibility of such loss or damage.
Without
derogating from the generality of the above, we will not be liable
for:
Any interruption, malfunction, downtime or other failure of the
site or online services, our system, databases or any of its components,
for whatever reason;
Any loss or damage arising from your orders, quotations, purchases
or disposal of goods and services, from third parties, based on the
information provided on this site;
Any loss or damage with regard to customer data or other data directly
or indirectly caused by malfunction of our system, third party systems,
power failures, unlawful access to or theft of data, computer viruses
or destructive code on our system or third party systems; programming
defects; negligence on our part or caused by the year 2000 computer
problem;
Any interruption, malfunction, downtime or other failure of goods
or services provided by third parties, including, without limitation,
third party systems such as the public switched telecommunication
service providers (currently telkom), internet service providers,
electricity suppliers (currently eskom), local authorities and certification
authorities;
Any event over which we have no direct control.
How
Disputes will be Resolved
All
transactions and interactions conducted by the medium of this website,
whether in whole or in part, shall be subject to South African law
and only South African courts shall have jurisdiction to hear disputes
arising there from or from these Conditions. No alternative dispute
resolution code is applicable to transactions and interactions conducted
by the medium of this website, unless otherwise determined from time
to time, in which case such dispute resolution codes are to be made
electronically accessible to the user.
Capacity
to enter into Agreements
You
hereby warrant to us that you have the required legal capacity to
enter into and be bound by contractual terms. Minors must be assisted
by their legal guardians when reading these conditions. If you are
unsure whether you have the legal capacity to enter into agreements,
contact someone able to provide you with this information before
you continue using this site.
Jurisdiction
All
use of the website, transactions and interactions conducted through
the medium of this website, whether in whole or in part, shall be
subject to South African law and only South African courts shall
have jurisdiction to hear disputes arising there from or from these
conditions.
Breach
If
a user commits any breach of these conditions or uses the online
services or in any other manner interacts with the website in an
unlawful or unauthorised manner, Spearhead IT Industries PTY (Ltd) shall be entitled
to terminate the delivery of the service to the user immediately
without prior notice without prejudice to Spearhead IT Industries PTY (Ltd)s
other rights in terms of these conditions or at law.
Our
chosen address for any legal notice is:
SUITE
#27
PRIVATE BAG X22
TYGER VALLEY
7536
SOUTH AFRICA
The
Law Governing our Relationship
The
conditions will be governed and construed in accordance with the
law of the Republic of South Africa without reference to any conflict
of law provisions.
General
Provisions
The
headings of the clauses in the conditions are provided for convenience
and ease of reference only and will not be used to interpret, modify
or amplify the terms of the conditions.
Where
any dates or times need to be calculated in terms of the conditions,
the international standard time: GMT plus two hours shall be used.
No
failure or delay by us to exercise any of our rights will be construed
as a waiver of any such right, whether this is done expressly or
implied, nor will it affect the validity of any part of these conditions
or prejudice our right to take subsequent action against you.
If
any of these terms, conditions or provisions are held to be invalid,
unlawful or unenforceable; the term, condition or provision will
be deleted from the remaining terms, conditions and provisions which
will continue to be valid to the full extent permitted by law.
If
you have any questions or do not understand anything in these conditions
please send an email to mailto:sales@t-s-c.co.za.
and we will respond to you as soon as possible.
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