AGREEMENT BETWEEN IZWE WAREHOUSE MANAGEMENT SOLUTION PTY LTD & THE USER OF THIS WEBSITE
This website is made available to you, (the “User”) by Izwe Warehouse Management Solution Pty Ltd (iWMS) conditional on your acceptance, without modification, of the terms, conditions and notices contained in this agreement. Your use of this website constitutes your agreement to all such terms, conditions, and notices.
The User’s use of this website and any dispute arising out of the use of this website is subject to the laws of South Africa. Any dispute arising out of the use or publication of this website is subject to the exclusive jurisdiction of the courts of South Africa.
TRADEMARK NOTICES AND COPYRIGHT
All intellectual property in this website is owned by iWMS and/or its affiliated organisations and/or the organisations which may be advertising on this website (collectively “the participants”) and such property is protected by copyright and/or trademark laws. Other product and company names mentioned or advertised on iWMS website, including the names of advertisers, may be the trademarks of their respective owners. All participant’s rights are strictly reserved.
LINKS TO THIRD PARTIES
This website may contain links to websites maintained by third parties. Such links are provided for your convenience and reference only.
iWMS does not operate or control any information, software, products or services available on such websites. iWMS’ inclusion of an advertisement or a link to a website does not imply any endorsement of the site or advertisement, its contents, the services offered in terms thereof or its sponsoring organisation.
Even though iWMS has taken reasonable, appropriate measures to ensure that your personal information is delivered and disclosed only to iWMS associates who help ensure the efficient running of iWMS website, iWMS cannot and does not represent, nor does it guarantee that the personal information you provide will not be intercepted by others. In the unlikely event that your information is intercepted by a third party, iWMS shall incur no liability to you or anyone else as a result thereof.
DISCLAIMERS AND LIMITATIONS
iWMS intends that the information contained in this website is accurate and reliable. Errors sometimes do occur. In addition, iWMS is likely to make changes and improvements to the information provided in the website at any time. This website and any information, software, products and services associated with it are provided “as is.”
The views and opinions expressed by any other User of the iWMS website are those of the said User and may not be construed as being the views of iWMS. In addition, should you intend relying on any advice given on iWMS website, iWMS and the participants cannot be held liable for any damages which you may suffer as a result of any incorrect or inappropriate advice given or accessed using iWMS website.
iWMS and/or the participants disclaim any warranty of any kind, whether express or implied, as to any matter whatsoever relating to iWMS website and any information, software, products and services provided therein, including without limitation, the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Use of iWMS website is at your own risk. iWMS and/or the participants are not liable for any direct, indirect, punitive, incidental, special or consequential damages or other injury arising out of or in any way connected with the use of this website or with the delay or inability to use the website, or for any information, software, products and services obtained through the website, or otherwise arising out of the use of the website, whether resulting in whole or in part, from breach of contract, negligence, strict liability or otherwise, even if iWMS and/or its suppliers and/or the participants have been advised of the possibility of damages or ought reasonably to have known of the possibility of damages.
The condition of use of this website, you agree to indemnify iWMS from and against any and all liabilities, expenses (including attorneys’ fees on the attorney and own client scale) and damages arising out of claims made against iWMS resulting from your use of this website, including without limitation, any claims alleging facts that if true would constitute a breach by you of this agreement.
This agreement is governed by and construed under and in accordance with the laws of the Republic of South Africa. You hereby consent, in terms of section 45 of the Magistrates’ Court Act 32 of 1944 to the jurisdiction of the Magistrate’s Court otherwise having jurisdiction in respect of any action to be instituted against you by iWMS in terms hereof. It shall nevertheless be entirely within the discretion of iWMS to proceed against you in such Magistrate’s Court or any other court having jurisdiction. Use of this website is unauthorised in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
This agreement constitutes the entire agreement between you and iWMS and it supersedes all prior communications, promises and proposals, whether oral, written or electronic, between you and iWMS with respect to this website and information, software, products and services associated with it. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as to any other business documents and records originally generated and maintained in printed form.
All rights not expressly granted herein are reserved.