These Terms and Conditions (“the Terms and Conditions”) govern your (“the User”) use of the Foskor (“Provider”) website located at the domain name website http://www.foskor.co.za/ (“the Website”).
By accessing and using the Website, the User agrees to be bound by the Terms and Conditions set out in this legal notice. If the User does not wish to be bound by these Terms and Conditions, the User may not access, display, use, download, and/or otherwise copy or distribute Content obtained at the Website.
Updating of these Terms and Conditions:
The Provider reserves the right to change, modify, add to, or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to this Website. It is the User’s obligation to periodically check these Terms and Conditions at the Website for changes or updates. The User’s continued use of this Website following the posting of changes or updates will be considered notice of the User’s acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.
Copyright and Intellectual Property Rights:
The Provider provides certain information at the Website. Content currently or anticipated to be displayed at this Website is provided by Provider, its affiliates and/or subsidiary, or any other third-party owners of such content, and includes but is not limited to Literary Works, Musical Works, Artistic Works, Sound Recordings, Cinematograph Films, Sound and Television Broadcasts, Program-Carrying Signals, Published Editions and Computer Programs (“the Content”). All such proprietary works, and the compilation of the proprietary works, are copyright the Provider, its affiliates or subsidiary, or any other third-party owner of such rights (“the Owners”) and is protected by South African and International copyright laws. The Providers reserve the right to make any changes to the Website, the Content, or to products and/or services offered through the Website at any times and without notice. All rights in and to the Content is reserved and retained by the Owners. Except as specified in these Terms and Conditions, the User is not granted a license or any other right including without limitation under Copyright, Trademark, Patent, or other Intellectual Property Rights in or to the Content.
Limited License to General Users:
Provider grants to the User, subject to the further terms of these Terms and Conditions, a non-exclusive, non-transferable, limited, and revocable right to access, display, use, download and otherwise copy the current and future Content for personal, non-commercial and information purposes only.
This Website and the Content may not be reproduced, duplicated, copied, resold, visited or otherwise exploited for any commercial purpose without the express prior written consent of Provider. The license does not allow the User to collect product or service listings, descriptions or other information displayed here, and does not allow any derivative use of this Website or the Content for the benefit of another merchant.
The User may not frame nor use framing technologies to enclose the Provider Website or the Content nor any part thereof without the express written consent of Provider.The Provider and the Owners do not offer products or services to minors. If you are under the age of 18, you may not respond to or otherwise accept or act upon any offers on the Website.The Provider and the Owners, their affiliates or subsidiary reserve the right to refuse service, terminate accounts, remove, or edit content, or cancel orders in their sole discretion. Any unauthorised use terminates this license.
Limited License to Registered Users:
The Provider allows and processes the registration of certain corporate users (“the Registered User”) at the Website. If you believe that you are entitled to registration, please contact the WEBMASTER on the details as provided infra. Subject to the further terms of these Terms and Conditions, a non-exclusive, non-transferable, limited, and revocable right is granted to Registered Users to access, display, use, download and otherwise copy the current and future Content for the purposes agreed to by the Registered User and Provider in their respective agreements.
This Website and the Content may only be reproduced, duplicated, copied, resold, visited or otherwise exploited for the specific purposes set out in that agreement.
The license does not allow the Registered User to collect product or service listings, descriptions or other information displayed here, and does not allow any derivative use of this Website or the Content for the benefit of another merchant.
The Registered User may not frame nor use framing technologies to enclose the Provider Website or the Content nor any part thereof without the express written consent of Provider.
The Provider and the Owners, their affiliates or subsidiary reserve the right in their sole discretion to refuse service, terminate accounts, remove, or edit content, or cancel orders in their sole discretion.
Any unauthorised use terminates this license.
Limitation of liability:
The Website and all Content on the Website, including any current or future offer of products or services, are provided on an “as is” basis, and may include inaccuracies or typographical errors. The Owners make no warranty or representation as to the availability, accuracy, or completeness of the Content. Neither the Provider nor any holding company, affiliate, or subsidiary of the Provider, shall be held responsible for any direct or indirect special, consequential, or other damage of any kind whatsoever suffered or incurred, related to the use of, or the inability to access or use the Content or the Website or any functionality thereof, or of any linked website, even if the Provider is expressly advised thereof.
Privacy, access to and use of information:
The Provider receives various types of information (“the Information”) from Users who access the Website. The Provider makes every effort to protect any Information received by it. Despite such undertaking, it is possible for Internet-based communications to be intercepted. Without the use of encryption, the Internet is not a secure medium and privacy cannot be ensured. Internet e-mail is vulnerable to interception and forging. The Owners will not be responsible for any damages you or any third party may suffer as a result of the transmission of confidential information that you make to the Owners through the Internet, or that you expressly or implicitly authorise the Owners to make, or for any errors or any changes made to any transmitted information. To ensure acquaintance with and awareness of the privacy measures and polices of the Provider, the User is urged to take care to read and understand the underlying privacy clauses incorporated in these Terms and Conditions:
1. Privacy: Casual Surfing:
The User may visit the Website without providing any personal information. The Website servers will in such instances collect the IP address of the User computer, but not the email address or any other distinguishing information. This information is aggregated to measure the number of visits, average time spent at the Website, pages viewed, etc. Provider uses this information to determine use of the Website, and to improve Content thereon. The Provider assumes no obligation to protect this information, and may copy, distribute, or otherwise use such information without limitation.
2. Privacy: Unsolicited Information:
If the User posts unsolicited content or other information (“the Information”) to the Website, and unless otherwise indicated, then the User grants to the Owners a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Information throughout the world in any media. The User grants to the Owners the right to use the name that the User submits in connection with such Information if they choose. The User warrants that the User owns or otherwise controls all the rights to the Information that the User posts; that the Information is accurate; that by the supply of the Information to the Provider, the User does not violate this Policy and does not infringe the rights of any person or entity; and that the User indemnifies the Owners for all claims resulting from the receipt by the Provider of the Information the User supplies to it. The Provider reserves the right but not the obligation to monitor and edit or remove any Information, where posted to public pages. The Provider takes no responsibility and assumes no liability for any Information posted by the User or any third party.
3. Privacy: Solicited information the User give to Provider:
The Provider requires certain personal information to process transactions if the User requires any of Provider’s products or services. Provider receives and stores all Information the User enters on the Website or gives to the Provider, in any other way. The User may choose not to provide certain Information, but that may limit the services or products that the User may wish to obtain from this Provider. The Provider provides its products and services in conjunction with its affiliates and subsidiaries. In this regard and unless specifically restricted by the User from the license below, the User grants to the Owners a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Information
throughout the world in any media. The User information that is required by affiliates and subsidiaries to give effect to transactions that the User chooses to enter into, is shared with those entities.
4. Privacy: Promotional Information
The Provider aspires to provide first-class service to its customers, which necessitates the Provider providing information to the User regarding new services or special offers. In each instance, the User is provided an opportunity to opt-out of such information circulars. For more information, please call the Provider Help Desk, or send an email to the WEBMASTER.
5. Privacy: Business Transfers:
The Provider may enter into business arrangements whereby its customer base is one of the more valued assets. In such an event, customer Information will be one of the transferable assets.
6. Privacy: Lawful Purposes:
When the Provider is served with due legal process requiring the delivery of personal customer Information, it has the legal duty to abide by that demand and will do so.
7. Privacy: Surveys:
The Provider understands that efficiency and customer care translate to good service. The Provider may periodically conduct online customer care surveys to facilitate the updating of service standards. When it conducts a survey, the Provider will inform the User how the information gathered will be used and will provide the User with the opportunity to opt-out from such surveys.
Choice of Law:
This Website is controlled, operated, and administered by the Provider from its offices as set out below within the Republic of South Africa. The Provider makes no representation that the Content is appropriate or available for use in the locations or countries. Access to the Website from territories or countries where the Content is illegal is prohibited. The User may not use this Website in violation of South African export laws and regulations. If the User accesses this Website from locations outside of South Africa, that User is responsible for compliance with all local laws. These Terms and Conditions shall be governed by the laws of the Republic of South Africa, and the User consents to the jurisdiction of the Transvaal Provincial Division of the High Court or the Magistrates Court for the District of Pretoria, whichever the case may be, in the event of any dispute. If any of the provisions of these Terms and Conditions are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible to give effect to the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect. These Terms and Conditions constitutes the entire agreement between the Provider and the User regarding the use of the Content and this Website.
If you need to contact the Provider for purposes related to these Terms and Conditions, please use the following: Contacts