Terms and Conditions of Use of www.satcomm.co.za (‘the Site”)
By accessing the Site you and your business are hereby agreeing to the following terms and conditions;
The contents of the Site are provided on “as is” and “as available” basis. SatComm does not warrant that its Site will be uninterrupted or error-free. SatComm reserves the right to revise the contents or pages or withdraw access to them at any time.
NO REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, WHETHER AT STATUTE OR COMMON LAW, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IS MADE IN RELATION TO THE AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS OR CONTENT OF THIS SITE OR THE INFORMATION SET FORTH HEREIN, INCLUDING SOFTWARE.
SATCOMM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, PUNITIVE OR EXEMPLARY DAMAGES OR LOST PROFITS OR FOR BUSINESS INTERRUPTION WHATSOEVER, ARISING OUT OF THE USE OF OR INABILITY TO USE OR RELIANCE ON THIS SITE OR ITS CONTENTS, EVEN IF SATCOMM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER CAUSED BY THE NEGLIGENCE OF SATCOMM, ITS EMPLOYEES OR AGENTS OR OTHERWISE.
SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS OF LIABILITY; IN SUCH CASE SATCOMM’S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
SATCOMM DOES NOT PROVIDE ANY WARRANTY THAT THE SITE IS FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES.
Certain product and company names mentioned on the Site may be trademarks or trade names of their respective owners. Your access to this site should not be construed as granting, explicitly, by implication or otherwise, any license or right to use any trademarks appearing on the site without the prior written consent of SatComm or the third party owner of the trademark as applicable.
Content on this Site is copyright of SatComm or a third party. You must not reproduce any part of the Site or its contents or transmit it to or store it in any other website or disseminate any part of the material in any other form, unless we have indicated that you may do so. You may download and print extracts from the Site content and make copies of these for your own personal and non-commercial use only.
Access and Use
For your ease of access SatComm may include links from its Site to sites on the Internet that are owned or operated by third parties. By linking to such a third-party site, that site’s rules of use may govern your use of such site. SatComm does not review, and has no control over the content of that site and cannot assume any responsibility for material created or published by such third-party sites. In addition, a link to a non-SatComm site does not imply that SatComm endorses the site or the products or services referenced in the third party site.
SatComm may change, alter or withdraw any part of the Site at any time without prior notice and may at any time at its discretion remove any content posted by third parties. SatComm may also change these terms and conditions without notice by posting new terms and conditions on this website.
Reproduction, transfer, distribution or storage of part or all of the contents of this Site in any form without the prior written permission of SatComm is prohibited except in accordance with these terms and conditions. Individual documents in the Site may be subject to additional terms of third parties as indicated in those documents.
Should you wish to enter into any contract or arrangement (whether formal or informal) with any advertiser on this Site, any such contract or arrangement shall be between you and the relevant advertiser and SatComm shall not be a party to any such contract or arrangement nor become involved in any such contract or arrangement for any reason whatsoever. The terms and conditions (including, without limitation, those relating to payment, delivery, quality and/or any representations or warranties) of any such contract or arrangement are a matter for you and the relevant advertiser to agree and SatComm accepts no responsibility in relation thereto.
Choice of Law and Jurisdiction
These terms shall be governed by, and construed in accordance with South African law.
To the extent possible in the applicable jurisdiction, the parties hereto irrevocably agree that the courts of South Africa shall (subject to the paragraph below) have exclusive jurisdiction to settle any dispute which may arise out of, or under, or in connection with these terms and conditions, and for those purposes irrevocably submit all disputes to the jurisdiction of the South African courts.
For the exclusive benefit of SatComm and to the extent possible in the applicable jurisdiction, SatComm shall retain the right to bring proceedings as to the substance of the matter in the courts of the country of your residence or, where these terms and conditions are entered into in the course of your trade or profession, the country of the place of business in which you agreed to these terms and conditions or (if different) the country of your principal place of business.
Notwithstanding the foregoing, should this Site be accessed by anyone outside of South Africa, it shall be that person’s responsibility to ensure compliance with any local laws to the extent that they do or may apply.
You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions.
If any provision of these terms and conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these terms and conditions, which shall remain in full force and effect.
Failure by either party to exercise any right or remedy under these terms and conditions does not constitute a waiver of that right or remedy. Headings in these terms and conditions are for convenience only and will have no legal meaning or effect.