Infini-fi Website Disclaimer

1. General

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE.

SADV (Pty) Ltd may modify this Agreement at any time, effective immediately upon posting the modified Agreement on the Site. You agree to review the Agreement periodically; continued access or use constitutes conclusive acceptance of the modified Agreement.

2. Copyright, Licences, and Idea Submissions

The entire contents of the Site are protected by international copyright and trade mark laws. The owner of the copyrights and trade marks is SADV (Pty) Ltd, its affiliates, or other third-party licensors.

Prohibited uses: You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute, in any manner, the material on the Site, including text, graphics, code, and/or software.

You may print and download portions of material from the Site solely for your own non-commercial use, provided you do not change or delete any copyright or proprietary notices from the materials.

By submitting materials or information to public areas of the Site or by e-mail to Infini-fi, you grant SADV a non-exclusive, royalty-free, worldwide, perpetual licence (with right to sub-licence) to reproduce, distribute, transmit, create derivative works of, publicly display, and publicly perform those materials and information in any media now known or hereafter developed. You also grant SADV the right to use your name in connection with submitted materials and related information, including in advertising, marketing, and promotional material. You waive any claim against SADV for alleged or actual infringement or misappropriation of proprietary rights in your communications.

3. Infini-fi Trademarks

Publications, products, content, or services referenced on the Site are the exclusive trade marks or service marks of Infini-fi, a brand of SADV (Pty) Ltd. Other product and company names mentioned may be the trade marks of their respective owners.

4. Use of the Site

Except where clearly identified as supplied by SADV, the Company does not operate, control, or endorse any information, products, or services on the Internet in any way. Except for SADV-identified or Infini-fi-branded information, products, or services, all other information, products, and services offered through the Site or on the Internet generally are offered by third parties not affiliated with SADV.

SADV cannot and does not warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses, or other code with contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your requirements for accuracy of data input and output, and for maintaining means external to the Site for reconstruction of any lost data.

AS-IS NOTICE: YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. SADV PROVIDES THE SITE AND RELATED INFORMATION “AS IS” AND MAKES NO EXPRESS OR IMPLIED WARRANTIES (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION, OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. SADV SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION.

You acknowledge that the Internet contains unedited materials, some of which may be sexually explicit or offensive. Access is at your own risk. SADV has no control over and accepts no responsibility for such materials.

5. Limitation of Liability

IN NO EVENT WILL SADV (PTY) LTD, TRADING AS INFINI-FI, BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMMES OR INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE OR INFORMATION PROVIDED, OR ANY DELAY OF SUCH INFORMATION OR SERVICE, EVEN IF SADV OR ITS AUTHORISED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE.

Where a jurisdiction does not allow the exclusion or limitation of liability for consequential or incidental damages, SADV’s liability is limited to the greatest extent permitted by law.

SADV makes no representations about any other website which you may access through this one or which may link to this Site. When you access a non-Infini-fi website, please understand that it is independent from SADV, and that SADV has no control over the content on that website. In addition, a link to an Infini-fi website does not mean that SADV endorses or accepts responsibility for the content or use of such website.

6. Indemnification

You agree to indemnify, defend, and hold harmless SADV (Pty) Ltd, its officers, directors, employees, agents, licensors, suppliers, and any third-party information providers to the Service from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.

7. Third-Party Rights

The provisions of sections 4 (Use of the Site) and 6 (Indemnification) are for the benefit of SADV (Pty) Ltd and its officers, directors, employees, agents, licensors, suppliers, and any third-party information providers to the Service. Each of these individuals or entities has the right to assert and enforce those provisions directly against you.

8. Termination

This Agreement may be terminated by either party without notice at any time for any reason. The provisions of sections 2 (Copyright, Licences, and Idea Submissions), 4 (Use of the Site), 6 (Indemnification), 7 (Third-Party Rights), and 9 (Miscellaneous) survive termination.

9. Miscellaneous

This Agreement is governed by the laws of the Republic of South Africa, applicable to agreements made and performed therein. Any legal action or proceeding between SADV (Pty) Ltd and you concerning this Agreement or the parties’ obligations must be brought exclusively in a court of competent jurisdiction in the Republic of South Africa.

Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after it arises, failing which it is barred.

Failure by SADV to insist on or enforce strict performance of any provision is not a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice modifies any provision of this Agreement. SADV may assign its rights and duties under this Agreement to any party at any time without notice. Any rights not expressly granted herein are reserved.