For purposes of these terms and conditions of use of the Merchants SA (Pty) Ltd website, “Merchants” shall mean Merchants SA (Pty) Ltd, and all of its direct and indirect affiliates and subsidiaries.
Merchants provides the information contained on this website (“Website”) and any pages comprising the website to you subject to the terms and conditions of use of the Merchants Website 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.
Merchants may at any time in its sole and absolute discretion modify these 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.
Whilst every effort is made to update the information contained on this Website on a regular basis, Merchants 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. Merchants 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 Merchants or a third party) should be construed as advice and same are offered for information purposes only.
Links to the direct and indirect subsidiary and affiliate companies of Merchants will be provided on the Website for your convenience, however Merchants will not have any control over the content that is loaded, amended or deleted from such websites and assumes no liability is this regard. The use of or reliance on the content linked to the Website does not imply endorsement by Merchants of such site or the contents thereof. Use of or reliance on any such links is at your own risk.
External links, including links to other websites, may be provided for your convenience, but they are beyond the control of Merchants and no representation is made as to their content. The inclusion of any link does not imply endorsement by Merchants of such site or the contents thereof. 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 Merchants.
Copyright and all intellectual property rights in and to all materials, texts, drawings and data made available on the Website (collectively “Materials”) are owned by Merchants alternatively, Merchants is the lawful user thereof and same are protected by United Kingdom and international intellectual property laws. Accordingly, any unauthorised copying, reproduction, retransmission, distribution, dissemination, sale, publication, broadcast or other circulation or exploitation of the Materials or any component thereof will constitute an infringement of such copyright and other intellectual property rights. The trademarks, names, logos and service marks (collectively “Trademarks”) displayed on the Website are the registered and unregistered Trademarks of Merchants. Nothing contained on the Website should be construed as granting any licence or right to use any Trademark without the prior written permission of Merchants. Without detracting from this, Merchants hereby authorises you to view and use the content of this Website, or any part thereof, provided that such content is used for information purposes only.
Merchants 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 Merchants. Merchants 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 –
Your attention is drawn to the fact that information transmitted via the internet to Merchants is susceptible to monitoring and interception. Merchants reserves the right to request independent verification in compliance with all applicable laws of any information transmitted and your consent to such verification should Merchants deem it necessary. 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 Merchants against any loss, liability, damage or expense of whatever nature which Merchants or any third party may suffer which is caused by or attributable to, whether directly or indirectly, your use of the Website.
Merchants makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the Website. To the extent permitted by applicable laws, Merchants 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 Merchants in respect of any loss, liability, damage (whether direct, indirect or consequential) or expense of any nature whatsoever, which may be suffered by you 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, Merchants 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.
Merchants understands the importance of protecting your personal data. The Merchants Privacy Statement applies to the use of the Website and also sets out how Merchants will manage your personal data. Any personal data collected from you during your access or use of the Website will be collected and managed in terms of the Merchants Privacy Statement, as amended from time to time, and all applicable privacy and data protection laws.
These Terms and Conditions were last updated on 21 August 2019.
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