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1. Acceptance of Terms and Conditions
Systellence provides the information contained on this website and any pages comprising
the website ("website") to you subject to the terms and conditions of
use set out herein ("Terms and Conditions"). By accessing, using and/or
downloading any information from the website, you are deemed to have accepted and
agreed to the terms and conditions. If you do not accept and agree to the
terms and conditions, do not access, use or download any information from the website.
2. Modification of Terms and Conditions
Systellence may at any time modify the terms and conditions without notice to you
and your continued access or use of the website will be subject to the terms and
conditions in force at the time of such access or use. Accordingly, you should
review the terms and conditions periodically as your continued access or use of
the website shall be deemed to be your acceptance of the amended terms and conditions.
3. Content of the Website
Whilst every effort is made to update the information contained on this website
on a regular basis, Systellence makes no representations or warranties, whether
express, implied in law or residual, as to the accuracy, completeness or reliability
of information, opinions, data and/or content contained on the website and shall
not be bound in any manner by any information contained on the website. Systellence
reserves the right at any time to change the content or discontinue without notice,
any aspect or feature of the website. No opinions, research information, data
or content contained on the website (and whether posted by Systellence or a third
party) should be construed as advice and same are offered for information purposes
only.
4. Links to Other Web Sites
External links may be provided for your convenience, but they are beyond the control
of Systellence and no representation is made as to their content. Use of or
reliance on any external links is at your own risk. No hypertext links may
be created from any website controlled by you (whether directly or indirectly) to
the website without the express prior written permission of Systellence.
5. Public Forums and User Submissions
Systellence is not responsible for any material submitted to the public areas by
you (which include bulletin boards, chat rooms, or any other public area found on
the website). Any material (whether submitted by you or any other user) is
not endorsed, reviewed or approved by Systellence. Systellence reserves the
right to remove any material submitted or posted by you in the public areas, without
notice to you, if it becomes aware and determines, in its sole and absolute discretion,
that there is a possibility that you may -
5.1 Defame, abuse, harass, stalk, threaten or otherwise violate the rights
of other users or any third parties;
5.2 Publish, post, distribute or disseminate any defamatory, obscene, indecent
or unlawful material or information;
5.3 Upload files that contain viruses, corrupted files or any other similar
software or programmes that may damage the operation of Systellence's and/or a third
party's computer system and/or network;
5.4 Violate any copyright, trademark, other applicable laws or intellectual
property rights of Systellence or any other third party;
5.5 Submit contents containing marketing or promotional material which is intended
to solicit business.
You further agree not to use the website to send or post any message or material
that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful,
vulgar, obscene, sexually orientated, racially offensive, profane, pornographic
or which violates any applicable laws and you hereby indemnify Systellence against
any loss, liability, damage or expense of whatever nature which Systellence or any
third party may suffer which is caused by or attributable to, whether directly or
indirectly, your use of the website.
6. Warranties and Disclaimers
Systellence makes no warranties, representations, statements or guarantees (whether
express, implied in law or residual) regarding the website. Systellence shall
not be responsible for and disclaims all liability for any loss, liability, damage
(whether direct , indirect or consequential), personal injury or expense of any
nature whatsoever which may be suffered by you or any third party, as a result of
or which may be attributable, directly or indirectly, to your access and/or use
of the website and any information contained on the website and you waive any and
all claims which you may have against Systellence in respect of any loss, liability,
damage (whether direct, indirect or consequential) or expense of any nature whatsoever,
which may be suffered by you or your dependants as a result of or which may be attributable
directly or indirectly to the aforesaid. These limitations of liability shall
apply regardless of the form of action, whether in contract, tort, delict, strict
liability or otherwise, and regardless of whether either party has been advised
of the possibility of such damages. Notwithstanding anything to the contrary
contained herein, Systellence shall not be liable for any indirect, contingent or
consequential loss (including but not limited to loss of business or loss of profits)
incurred or sustained by you or any third party howsoever arising in respect of
your use of or reliance on the website or any information offered on or via the
website.
7. General
7.1 These terms and conditions constitute the sole record of the agreement
between you and Systellence in relation to the subject matter hereof. Neither
you nor Systellence shall be bound by any express, tacit or implied representation,
warranty, promise or the like not recorded herein. These terms and conditions
supersede and replace all prior commitments, undertakings or representations, whether
written or oral, between you and Systellence in respect of the subject matter hereof.
No addition to, variation or agreed cancellation of any provision of these terms
of use shall be binding upon Systellence unless agreed to by Systellence.
No indulgence or extension of time which Systellence may grant to you will constitute
a waiver of or, whether by estoppel or otherwise, limit any of the existing or future
rights of Systellence in terms hereof, save in the event or to the extent that Systellence
has signed a written document expressly waiving or limiting such rights
7.2 Systellence shall be entitled to cede, assign and delegate all or any of
its rights and obligations in terms of these terms and conditions to any third party
without notice to you.
7.3 All provisions of these terms and conditions are, notwithstanding the manner
in which they have been linked grammatically, severable from each other. Any
provision of these terms and conditions which is or becomes unenforceable in any
jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for
any reason whatever shall, in such jurisdiction only and only to the extent that
it is so unenforceable, be disregarded and the remaining provisions of these terms
and conditions shall remain of full force and effect.
7.4 These terms and conditions shall be governed by and construed in accordance
with the laws of England and Wales without giving effect to any principles of conflict
of law. You hereby consent to exclusive jurisdiction of the English courts
in respect of any disputes arising in connection with these terms and conditions
or any matter related to or in connection therewith.
These terms and conditions were last updated on 21 June 2011.
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