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Terms & ConditionsAccess to the Website is subject to the following terms and conditions.
Upon accessing the Website you will be deemed to have accepted all of the terms and conditions that apply to its use, the information contained on the Website and to the facilities and services provided by it. Accordingly, please take the time to read through these terms and conditions before continuing to use the Website. If you do not agree to obey these terms and conditions you must stop using the Website immediately.
We reserve the right to alter these terms and conditions at any time and it is your obligation to check if changes have been made. Your use of the Website after changes are posted on-line shall constitute acceptance of the changes in and to the terms and conditions.
In these terms and conditions:
"we/us/our" means Used Wood Machines 4 u, a private company incorporated in South Africa with limited liability, and where applicable our associated companies;
"Website" means this website;
"you"/"your" means the user of the Website including users who has registered with us and where applicable, advertisers.
This website is offered to the User on condition of the User's acceptance, without modification of the terms, conditions, and notices contained herein. The use of the Company website constitutes the User's agreement to all such terms, conditions, and notices.
Seller(s) will be defined in this content as persons or website users using the website of the Service provider for advertising purposes of services and or goods. Buyer(s) will be defined as persons or website users using the website of the Service Provider for purposes of purchasing products or accepting the rendering of services as advertised on the Service Provider's website.
We, the Service Provider will not be held liable in any way or form for the delivery of any products and or rendering of services that are advertised on our web site.
The use of this web site is entirely voluntary and the user hereby respectively indemnifies and hold harmless the Service Provider, their successors and assigns, their respective officers, directors, employees, servants and agents from and against any and all claims, losses, liabilities, suits, judgements, expenses, damages including consequential damages, penalties, fines or indemnity payments of whatsoever kind and nature arising from or in any way connected with the use of this site and/or information contained therein.
Furthermore, Service Provider does not take responsibility for the content, products and or services advertised by the seller on the Service Provider's website.
The provision of goods and services advertised on the service provider's website is subject to availability as advertised by the seller.
The Company website and online services may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of the Company and the Company is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. The Company is not responsible for webcasting or any other form of transmission received from any Linked Site. The Company provides these links only as a convenience, and the inclusion of any link does not imply endorsement by the Company of the site or any association between the Company and the operator of such site. Any dealings between the User and any Linked Site in connection with a third party service, including the delivery of and payment for goods and services and any other terms, conditions, warranties or representations associated with such dealings, are solely between the user and such Linked Site or the operator of such site. The Company will not be responsible or liable for any part of any such dealings.
The Company does not claim ownership of the materials the User provide to The Company (including feedback and suggestions) or post, upload, input or submit to The Company website or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting a Submission the User grants.
No compensation will be paid with respect to the use of any Submission, as provided herein. The Company is under no obligation to post or use any Submission the User may provide and may remove any Submission at any time in The Company's sole discretion.
By posting, uploading, inputting, providing or submitting a Submission the User warrants and represents that all of the rights to the user's Submission as described in this section including, without limitation, all the rights necessary for the User to provide, post, upload, input or submit the Submissions is owned or otherwise controlled by the User.
The information, software, products, and services included in or available through The Company website may include inaccuracies or typographical errors. Changes are periodically added to the information herein. The Company and/or its suppliers may make improvements and/or changes in The Company website at any time. Advice received via The Company website should not be relied upon for personal, medical, legal or financial decisions and the user should consult an appropriate professional for specific advice tailored to the situation.
The Company and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on The Company website for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided "as is" without warranty or condition of any kind. The Company and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.
To the maximum extent permitted by applicable law, in no event shall The Company and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of The Company website, with the delay or inability to use The Company website or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through The Company website, or otherwise arising out of the use of The Company website, whether based on contract, tort, negligence, strict liability or otherwise, even if The Company or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to the user. If the User is dissatisfied with any portion of the Company website, or with any of these terms of use, the sole and exclusive remedy is to discontinue using The Company website
The Company reserves the right, in its sole discretion, to terminate access to the Company website and the related services or any portion thereof at any time, without notice.
1. Access to the Website
Access to the Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service provided on the Website without notice. From time to time, we may restrict access to some parts of the Website, or the entire Website, to you. We will not be liable if, for any reason, our site is unavailable at any time or for any period.
2. Content
You agree that you will only use, reproduce and print material comprising the results of searches conducted on the Website for personal and non-commercial purposes. In particular, you may not use the contact details provided by advertisers of machines to contact such advertisers other than in connection with a genuine enquiry relating to the purchase by you of the machine in question.
The Website content and information may contain technical inaccuracies and typographical errors. We exclude all liability for any illegality arising from such inaccuracies and typographical errors.
The content of and information appearing on the Website may be altered, amended or updated from time to time and may at times be out of date. We will not be held to any previously existing representations, terms, conditions or other information subsequently altered on the Website. We accept no responsibility for keeping the information and content on the Website up to date nor do we accept any liability for any failure to do so.
The information appearing on the Website is for information purposes only and does not constitute advice. You should not rely on any such information or content to make (or refrain from making) any decision or take (or refrain from taking) any action.
Through the Website, we present advertorial content and information submitted and created by private and trade dealers and other third parties. We exclude all liability for any illegality arising from or error, omission or inaccuracy in such content and/or information.
We give no warranties, conditions, guarantees or representations, expressed or implied, as to:-
1. the completeness or accuracy of information or any advice that may contained on the Website or any website to which it is linked;
2. the content of the advertisements for machines appearing on the Website, including but not limited to, the ownership, quality, authenticity of any photographs, compliance with description or fitness for purpose of any such machines;
3. the completeness of the results of any search conducted on the Website or that the machines revealed by such search are the only machines on our database which might meet the requirements of your search.
3. Contractual issues
We will not be bound to any allegations from you that a contract or legally binding arrangement has been entered into between you and us arising from communications addressed to us on the Website.
We reserve the right to insist upon written contracts as and when we deem appropriate within our discretion.
As such, any information contained on the website cannot be regarded by you as an offer capable of acceptance resulting in a legally binding contract.
4. Liability
The information and material displayed on the Website is provided without any guarantees, conditions or warranties as to accuracy. To the extent permitted by law, we, our employees, agents, representatives, contractors and third parties connected to us hereby expressly exclude:
1. all conditions, warranties and other terms which might otherwise be implied by statute;
2. any liability for any direct, indirect or consequential loss or damage whatsoever and howsoever incurred by you in connection with:
- our failure to fulfil any of our obligations in terms hereof;
- the Website or resulting from the use, the inability to use, the Website;
- the search results obtained from the Website;
- any websites linked to the Website and any material posted on it.
We exclude all representations and warranties relating to the access to and use of the Website, whether they are statutory or otherwise, as far as is possible by law.
We will need to carry out routine maintenance and servicing of our servers and equipment from time to time. While we will seek to keep disruption to a minimum, we cannot guarantee that the Website will be continuously available on-line. We therefore provide the Website on an "as is" and "as available" basis.
We make no warranty that the Website (or websites which are linked to the Website) is free from computer viruses or any other malicious or impairing computer programs. It is your responsibility to ensure that you use appropriate virus checking software.
We are not liable for any failure to perform any of our obligations under these terms and conditions caused by matters beyond our reasonable control.
5. Intellectual Property
All intellectual property including trade marks, names and logos, whether registered or not, embodied in the Website content, are the proprietary marks of us. Marks identifying third parties are owned or licensed by those third parties or their associated companies. Nothing in these terms and conditions in any way confers on you any licence or right under any trade marks, names or logos.
All rights, including copyright, in the content of the Website and the photographs of any machines displayed on the Website from time to time and all rights in our database of machines, are owned and/or controlled by us.
Except as expressly permitted by these terms and conditions, you may not copy, reproduce, redistribute, download, republish, transmit, display, adapt, alter, create derivative works from or otherwise extract or re-utilise any of the contents of the Website or authorise any person, or procure any other person to do so. In particular, you may not cache any of the contents for access by third parties nor mirror or frame any of the content of the Website nor incorporate it into another website, or authorise or procure any other person to do so, without our express written permission,.
Any intellectual property embodied in the information provided by an advertiser and utilised on the Website is hereby assigned to us.
6. Links to other websites
The Website contains hypertext links to websites that are not operated by us. We do not control such websites and are not responsible for their content. Our inclusion in the Website of hypertext links to such websites does not imply any endorsement of the material contained on the websites or of the owners.
7. Links to the Website
You may establish a hypertext link to the home page of the Website, but not otherwise without our written consent, provided no implied endorsement or sponsorship of you is created thereby.
8. Registration details
To gain access to certain services on the Website you will need to register (free of charge). As part of the registration process, you will be given a username and password. You agree that the information supplied with your registration will be truthful, accurate and complete.
You furthermore agree that you will not attempt to register in the name of any other individual, company or organisation nor will you adopt any username with we deem to be offensive. All information supplied by you as part of the registration process will be protected and used in accordance with the terms of our Privacy Policy.
9. Security
We reserve the right to institute criminal proceedings against you should you attempt to maliciously utilise the Website by gaining unauthorised access to any page on the Website or by delivering or attempting to deliver any unauthorised or harmful code to the Website.
10. General
We reserve the right to assign or subcontract any or all of our rights and obligations under these terms and conditions to a third party. If we exercise this right, we shall name the assignee or subcontractor on the Website and you will be entitled to terminate the account within 5 working days of posting such notification on the Website.
You may not without our prior written consent, assign or dispose of any rights or obligations arising under these terms and conditions.
We may revise these terms and conditions at any time by amending this page. You are expected to check this page from time to time and take notice of any changes we made, as they are biding on you. Some provisions contained in these terms and conditions may also be superseded by provisions or notices published elsewhere on the Website.
If any of the provisions of the terms and conditions shall be held to be invalid or unenforceable, it shall not affect the enforceability of any of the remaining provisions.
These terms and conditions together with our privacy policy contain the entire agreement and understanding between you and us relating to the Website, its content and use and supersede any and all prior agreements, arrangements, statements and understandings, except for any fraud or fraudulent representation by either your or us.
The laws of the Republic of South Africa will apply in respect of any legal issue or litigation arising directly or indirectly from the terms and conditions; the use or inability to use the Website and or information contained on the Website.
11. Communication
By using or accessing the Website you agree to communicate with us in electronic format.
Accordingly, you accept any risks which may feasibly arise from electronic communications and furthermore that inasmuch as communications may require to be “written” between you and us, these electronic communications suffice for that purpose.
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