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Terms and Conditions

NetToolbox USAGE

Net Mechanic Media (Pty) Ltd, registration number: ck 2008/014420/2, developed a content management software system called NetToolbox. NetToolbox is used to develop dynamic websites for clients. The ownership of NetToolbox and its source code lies solely with Net Mechanic Media and is exclusive to the Net Mechanic web servers and will not be disclosed.


Clients may not resell, sublicense, or charge others to use or access NetToolbox software, unless specified in a separate agreement. NetMechanic will provide upgrades to improve NetToolbox (e.g. next version release upgrade). If clients would like the website to be upgraded there might be a upgrade charge depending on how complex the customization of the clients website was. The client understands that various technologies may not be consistent across all platforms and that the performance and some of NetToolBox’s features may vary depending on the computer, software, operating systems and other equipment used.


Client websites will be hosted on or will point to the NetMechanic servers and cannot be hosted elsewhere unless domain name pointing is arranged. However we will only allow this if the client has their own IT infrastructure.

Net Mechanic reserves the right to change prices at any time.


Changes and amendments: Net Mechanic Media will change the terms of service without prior notice. Ultimately, it is your responsibility to obtain and revisit the terms of service. Changes to the terms of service will be effective immediately, and your continued use of the service will constitute acceptance of those changes. The terms of service will be hosted at http://www.nettoolbox.co.za/tos/

USAGE

 

1.1 The NetToolbox web site, http://www.nettoolbox.co.za, is the registered property of Net Mechanic Media (Pty) Ltd, registration number: ck 2008/014420/2.


1.2 Any persons using the NetMechanic web site for any reason whatsoever subject themselves to and agree to the terms and conditions and privacy policy of NetMechanic when accessing the web site as set out below.


1.3 Unless otherwise specified this web site is only intended to provide the user with information regarding Net Mechanic, its products and services.


1.4 NetMechanic expressly reserves the right, in its sole and absolute discretion, to alter and/or amend any criteria or information set out in this web site without prior notice.


1.5 Unless explicitly stated, on a per page basis, these terms and conditions apply to all Net Mechanic sites.


2. PRIVACY POLICY


2.1 Net Mechanic respects your privacy and is mindful as to how information about you is used and shared. We appreciate your trust and assure you that we will make every reasonable effort to manage your information carefully and securely. This notice describes our Privacy Policy. When visiting and/or interacting with any Net Mechanic web site, you are expressly consenting to the collection, collation, processing or disclosure of your personal information for the purposes and in the manner described in this Privacy Policy without qualification, so please read it carefully.


2.2 Information about our customers is an important part of our business. We receive and store information you submit via our web site or information provided by you in any other way. Such information may be collected and disclosed for the purposes set out below. If we intend using your information for any alternative purpose, we will first obtain your written consent to do so.


2.3 You hereby consent to us disclosing your information to third parties for the purposes set out below. However we will never disclose sensitive or confidential information about you to any third party, unless required to do so by law or with your prior written consent, if it pertains to any transaction or activity between you and the third party facilitated by Net Mechanic.


2.4 Your information may be disclosed for the following purposes:


2.4.1 Business transfers: In the event of the purchase or restructuring of the whole or part of our business, certain intellectual property, including our customer's information, may be transferred to another party in the normal course of business.


2.4.2 Where you consent: Other than as set out above, you will receive notice when information about you will be used for some other purposes and/or where it might be disclosed to third parties, and you will have an opportunity to choose not to share the information by notifying us accordingly.


2.5 Net Mechanic gathers the following information via its web sites:


2.5.1 Information provided by you: We receive and store any information you enter on our web site or information provided by you in any other way.


3. INTELLECTUAL PROPERTY


3.1 COPYRIGHT
All content on this web site (unless explicitly stated), including but not limited to, text, graphics, logos, button icons, images, clips, digital downloads, data compilations, and software, is the property of Net Mechanic or licensed to Net Mechanic and as such, is protected from infringement by domestic and international laws, legislation and treaties. Net Mechanic expressly reserves all rights pertaining to such content.


3.2. COPYRIGHT COMPLAINTS
Net Mechanic and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, an infringement of any intellectual property right, please notify us by e-mail or post at the address below.


3.3. TRADEMARKS AND OTHER INTELLECTUAL PROPERTY
All content, trademarks and data on this web site, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, and designs are the property of or are licensed to Net Mechanic, and as such are protected from infringement by domestic and international laws, legislation and treaties.


3.3.1 "Net Mechanic" and other marks indicated on the Net Mechanic web sites are the trademarks or trade dress of Net Mechanic. These and other Net Mechanic graphics, logos, page headers, button icons, scripts, product and service names are trademarks or trade dress of Net Mechanic.


3.3.2 Net Mechanic trademarks and trade dress may not be used in connection with any product or service without the written consent of Net Mechanic.


3.3.3 Net Mechanic trademarks and trade dress may not be used or in any manner that is likely to cause confusion amongst its customers, or in any manner that disparages, prejudices or discredits Net Mechanic.


3.3.4 All other trademarks not owned by Net Mechanic or its subsidiaries that appear on this web site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Net Mechanic.


4. ELECTRONIC COMMUNICATION
Net Mechanic will communicate with you by email or by posting notices on this web site and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically from time to time shall satisfy any legal requirement that such communications be "in writing".


5. DISCLOSURES REQUIRED BY SECTION 43 OF THE SOUTH AFRICAN ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT


5.1. The full name and legal status of the web site owner is: Net Mechanic Media (Pty) Limited a private company registered in South Africa under the Registration Number ck 2008/014420/2.


5.2. The full address of the web site owner is: Unit 35B, Mega Park, c/o Peter Barlow and Modderdam Road, Bellville South Industrial, 7530, Cape Town, South Africa


5.3. Managing member: Garth Howard


5.4. Physical address for receipt of legal service:
Unit 35B
Mega Park
c/o Peter Barlow and Modderdam Road
Bellville South Industrial
7530
Cape Town
South Africa

5.5. Main business: Net Mechanic is a provider of web based products and services.


6. TERMS OF AGREEMENT


6.1. SERVICES:
You acknowledge that you have the necessary knowledge and infrastructure to use the Net Mechanic web site and services. You further acknowledge that Net Mechanic is not required to provide any information or other services not specifically related to the Net Mechanic web site and services.



7. COMMUNICATIONS AND OTHER CONTENT


7.1 You may send content and other communications to and/or via this website provided that the content is not illegal, obscene, objectionable, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of a communication. Net Mechanic reserves the right to remove or edit such content in its sole discretion.


8. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY


8.1 Net Mechanic makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this web site are free from errors or omissions or that the service will be 100% uninterrupted and error free.


8.2 This web site is supplied on an "as is" basis and has not been compiled or supplied to meet the user's individual requirements. It is the sole responsibility of the user to satisfy itself prior to entering into this agreement with Net Mechanic that the service available from and through this web site will meet the user's individual requirements and be compatible with the user's hardware and/or software.


8.3 Information, ideas and opinions expressed on this site should not be regarded as professional advice or the official opinion of Net Mechanic and users are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this site.


8.4 Neither Net Mechanic nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use any product sold on this web site.


9. GOVERNING LAW
This web site is hosted, controlled and operated from the Republic of South Africa, and thus the South African Law governs the use or liability to use this web site and these terms and conditions.


10. VARIATION AND SEVERABILITY


10.1 Net Mechanic reserves the right to amend or make changes to this web site, its policies, and this Agreement at any time. You are required to visit this web site regularly in order to acquaint yourself with any changes or amendments made to this web site, its policies and this Agreement.


10.2 No variation to this Agreement shall be enforceable unless such variation is published on this web site by Net Mechanic.


10.3 In the event that any clause in this Agreement is deemed to be invalid, void, or for any reason unenforceable, that clause shall be deemed severable and shall not affect the validity and/or enforceability of any remaining term or condition.