Terms & Conditions
Terms &Terms and Conditions
You should carefully read the Terms of Use before using Our
Site. By using Our Site, you agree to be bound by the Terms of Use. This is a
legally binding agreement. If you do not agree with the Terms of Use you should
not use Our Site.
1. We agree to provide you access to Our Site in
accordance with the Terms of Use.
2. You agree to use Our Site in a manner
consistent with any and all applicable rules and regulations.
3. You accept that Our Site is provided on an
"as is, as available" basis.
4. ALL ARTICLES AND MATERIAL DISPLAYED BY US ON
OUR SITE ARE FOR INFORMATION ONLY AND ARE NO SUBSTITUTE FOR SPECIFIC ADVICE.
5. YOUR ACCESS TO AND USE OF OUR SITE MAY BE
TERMINATED AT ANY TIME FOR ANY REASON OR FOR NO REASON BY YOU OR BY US BY THE
SENDING OF NOTICE TO THE OTHER PARTY.
6. WE MAY FOR MARKETING PURPOSES COLLECT,
PROCESS AND TRANSMIT DATA OBTAINED FROM AND ABOUT YOU IN THE COURSE OF YOUR
ACCESSING OUR SITE.
7. You are authorized to download one copy of
the material on our Site on one computer for your personal, non-commercial use
only but you may not in so doing remove or amend any trademark, copyright or
other proprietary notice.
8. Subject to the above, you may not modify,
copy, distribute, republish or upload any of the material on our Site without
our prior consent in writing. No intellectual property or other rights shall be
transferred to you.
9. To the extent that portions of our Site (such
as "bulletin boards") provide users an opportunity to post and
exchange information, ideas and opinions ("Postings"), BE ADVISED
THAT WE DO NOT SCREEN, EDIT, OR REVIEW POSTINGS PRIOR TO THEIR APPEARANCE ON
THIS WEB SITE, and Postings do not necessarily reflect our views. To the
fullest extent permitted by applicable laws, we exclude all responsibility and
liability for the Postings or for any losses or expenses resulting from their
use and/or appearance on our Site.
10. TO THE FULLEST EXTENT PERMITTED BY
APPLICABLE LAWS, WE ON BEHALF OF OUR EMPLOYEES, AGENTS, SUPPLIERS, AND
CONTRACTORS EXCLUDE LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE
AND HOWSOEVER ARISING, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT,
SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS
CAUSED BY A VIRUS, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY,
CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF
OR IN CONNECTION WITH THE USE OF THIS OUR SITE OR ANY WEB SITE WITH WHICH IT IS
LINKED. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR
DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY.
11. We reserve the right to monitor all
materials posted on this bulletin board (“Postings”) and to remove any which we
consider in our absolute discretion to be offensive or otherwise in breach of
these Terms of Use.
12. You hereby represent and warrant that you
have all necessary rights in and to all Postings you provide and all material
they contain and that such Postings shall not infringe any proprietary or other
rights of third parties.
13. Where we provide hypertext links to other
sites we do so for information purposes only, and such links are not
endorsements by us of any products or services in such sites and we accept no
liability nor make any endorsement or approval of the same.
14. The Terms of Use contain the entire
understanding between us with respect of Our Site and no representation,
statement, inducement oral or written, not contained herein shall bind either
of us.
15. Should any part of the Terms of Use be
declared invalid or unenforceable by a court of competent jurisdiction, this
shall not affect the validity of any remaining portion and such remaining
portion shall remain in full force and effect as if the invalid portion of the
Terms of Use had been eliminated.
16. This Agreement is governed by the laws of
the South African high courts, without regard to principles of conflict of
laws.
To the extent you have in any manner violated or threatened to
violate modelsandall.co.za and/or its affiliates' intellectual property rights,
modelsandall.co.za and/or its affiliates may seek injunctive or other
appropriate relief in any city or court in South Africa, and you consent to
exclusive jurisdiction and venue in such courts.
Any other disputes will be resolved as follows:
If a dispute arises under this agreement, we agree to first
try to resolve it with the help of a mutually agreed-upon mediator in the
following location: Gauteng, Twane. Any costs and fees other than attorney fees
associated with the mediation will be shared equally by each of us.
If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: Gauteng, Twane, under the rules of the South Africa Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so. Conditions