Terms of Service
The services that [MASHCOR ONLINE (Pty) Ltd
2019/31059/07] provides to User is subject to the following Terms of Use("TOU"). [MASHCOR ONLINE (Pty) Ltd] reserves the right to update the TOU at any time without notice toUser. The most current version of the TOU can be reviewed by clicking on the "Terms of Use" hypertextlink located at the bottom of our Web pages.
A. This Agreement, which incorporates by reference other provisions applicable to use of [https://mashcor.com], including, but not limited to, supplemental terms and conditionsset forth hereof ("Supplemental Terms") governing the use of certain specific material contained in [https://mashcor.com], sets forth the terms and conditions that apply to use of [https://mashcor.com] by User. By using [MASHCOR ONLINE (Pty) Ltd] (other than to read thisAgreement for the first time), User agrees to comply with all of the terms and conditions hereof.
The right to use [https://mashcor.com] is personal to User and is not transferable to anyother person or entity. User is responsible for all use of User's Account (under any screen nameor password) and for ensuring that all use of User's Account complies fully with the provisions ofthis Agreement. User shall be responsible for protecting the confidentiality of User's password(s),if any.
B. [MASHCOR ONLINE (Pty) Ltd] shall have the right at any time to change or discontinue anyaspect or feature of [https://mashcor.com], including, but not limited to, content, hours ofavailability, and equipment needed for access or use.
2. CHANGED TERMS[MASHCOR ONLINE (Pty) Ltd] shall have the right at any time to change or modify the terms and conditionsapplicable to User's use of [https://mashcor.com], or any part thereof, or to impose newconditions, including, but not limited to, adding fees and charges for use. Such changes, modifications,additions or deletions shall be effective immediately upon notice thereof, which may be given by meansincluding, but not limited to, posting on [https://mashcor.com], or by electronic or conventionalmail, or by any other means by which User obtains notice thereof. Any use of [https://mashcor.com] by User after such notice shall be deemed to constitute acceptance by User of such changes,modifications or additions.
3. DESCRIPTION OF SERVICESThrough its Web property, [MASHCOR ONLINE (Pty) Ltd] provides User with access to a variety ofresources, including download areas, communication forums and product information (collectively"Services"). The Services, including any updates, enhancements, new features, and/or the addition of anynew Web properties, are subject to the TOU.
4. EQUIPMENTUser shall be responsible for obtaining and maintaining all telephone, computer hardware, software andother equipment needed for access to and use of [https://mashcor.com] and all charges relatedthereto.
5. USER CONDUCT. User shall use [https://mashcor.com] for lawful purposes only. User shall not post or transmit through [https://mashcor.com] any material which violates or infringes in anyway upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive ofprivacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encouragesconduct that would constitute a criminal offense, give rise to civil liability or otherwise violate anylaw, or which, without [MASHCOR ONLINE (Pty) Ltd]'s express prior approval, contains advertisingor any solicitation with respect to products or services. Any conduct by a User that in [MASHCOR ONLINE (Pty) Ltd] 's discretion restricts or inhibits any other User from using or enjoying [https://mashcor.com] will not be permitted. User shall not use [https://mashcor.com] to advertise or perform any commercial solicitation, including, but not limited to, the solicitation ofusers to become subscribers of other on-line information services competitive with [MASHCOR ONLINE (Pty) Ltd].
B. [https://mashcor.com] contains copyrighted material, trademarks and otherproprietary information, including, but not limited to, text, software, photos, video, graphics, musicand sound, and the entire contents of [https://mashcor.com] are copyrighted as acollective work under the [South African] copyright laws. [MASHCOR Group (Pty) Ltd] owns the MASHCOR logo and trademark in the selection, coordination, arrangement and enhancement of such content, as wellas in the content original to it. User may not modify, publish, transmit, participate in the transfer orsale, create derivative works, or in any way exploit, any of the content, in whole or in part. Usermay download copyrighted material for User's personal use only. Except as otherwise expresslypermitted under copyright law, no copying, redistribution, retransmission, publication orcommercial exploitation of downloaded material will be permitted without the express permissionof [MASHCOR ONLINE (Pty) Ltd] and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of authorattribution, trademark legend or copyright notice shall be made. User acknowledges that it doesnot acquire any ownership rights by downloading copyrighted material.
C. User shall not upload, post or otherwise make available on [https://mashcor.com] anymaterial protected by copyright, trademark or other proprietary right without the expresspermission of the owner of the copyright, trademark or other proprietary right and the burden ofdetermining that any material is not protected by copyright rests with User. User shall be solelyliable for any damage resulting from any infringement of copyrights, proprietary rights, or anyother harm resulting from such a submission. By submitting material to any public area of [https://mashcor.com], User automatically grants, or warrants that the owner of such material hasexpressly granted [MASHCOR ONLINE (Pty) Ltd] the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute suchmaterial (in whole or in part) worldwide and/or to incorporate it in other works in any form, mediaor technology now known or hereafter developed for the full term of any copyright that may existin such material. User also permits any other User to access, view, store or reproduce thematerial for that User's personal use. User hereby grants [MASHCOR ONLINE (Pty) Ltd] the right toedit, copy, publish and distribute any material made available on [https://mashcor.com]by User. D. The foregoing provisions of Section 5 are for the benefit of [MASHCOR ONLINE (Pty) Ltd], its subsidiaries, affiliates and its third-party content providers and licensors and each shall have theright to assert and enforce such provisions directly or on its own behalf.
6. USE OF SERVICES
The Services may contain email services, bulletin board services, chat areas, news groups, forums,communities, personal web pages, calendars, photo albums, file cabinets and/or other message orcommunication facilities designed to enable User to communicate with others (each a "CommunicationService" and collectively "Communication Services"). User agrees to use the Communication Servicesonly to post, send and receive messages and material that are proper and, when applicable, related to theparticular Communication Service. By way of example, and not as a limitation, User agrees that whenusing the Communication Services, User will not:
Use the Communication Services in connection with surveys, contests, pyramid schemes, chainletters, junk email, spamming or any duplicative or unsolicited messages (commercial orotherwise).
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights ofprivacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene,indecent or unlawful topic, name, material or information.
Upload, or otherwise make available, files that contain images, photographs, software or othermaterial protected by intellectual property laws, including, by way of example, and not aslimitation, copyright or trademark laws (or by rights of privacy or publicity) unless User own orcontrol the rights thereto or have received all necessary consent to do the same.
Use any material or information, including images or photographs, which are made availablethrough the Services in any manner that infringes any copyright, trademark, patent, trade secret,or other proprietary right of any party.
Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files,or any other similar software or programs that may damage the operation of another's computeror property of another.
Advertise or offer to sell or buy any goods or services for any business purpose, unless suchCommunication Services specifically allows such messages. Download any file posted by another user of a Communication Service that User know, orreasonably should know, cannot be legally reproduced, displayed, performed, and/or distributedin such manner.
Falsify or delete any copyright management information, such as author attributions, legal orother proper notices or proprietary designations or labels of the origin or source of software orother material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines which may be applicable for any particularCommunication Service.
Harvest or otherwise collect information about others, including email addresses.
Violate any applicable laws or regulations.
Create a false identity for the purpose of misleading others.
Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity anydirectory of users of the Services or other user or usage information or any portion thereof. [MASHCOR ONLINE (Pty) Ltd] has no obligation to monitor the Communication Services. However, [MASHCOR ONLINE (Pty) Ltd] reserves the right to review materials posted to the Communication Services and toremove any materials in its sole discretion. [MASHCOR ONLINE (Pty) Ltd] reserves the right to terminate User’s access to any or all of the Communication Services at any time, without notice, for any reason
whatsoever.
[MASHCOR ONLINE (Pty) Ltd] reserves the right at all times to disclose any information as itdeems necessary to satisfy any applicable law, regulation, legal process or governmental request, or toedit, refuse to post or to remove any information or materials, in whole or in part, in [YOUR COMPANYNAME MASHCOR ONLINE (Pty) Ltd]'s sole discretion. Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; User is responsible for adhering to such limitations if User downloadsthe materials. Always use caution when giving out any personally identifiable information in any CommunicationServices. [MASHCOR ONLINE (Pty) Ltd] does not control or endorse the content, messages or informationfound in any Communication Services and, therefore, [MASHCOR ONLINE (Pty) Ltd] specifically disclaimsany liability with regard to the Communication Services and any actions resulting from User’s participationin any Communication Services. Managers and hosts are not authorized [MASHCOR ONLINE (Pty) Ltd]spokespersons, and their views do not necessarily reflect those of [MASHCOR ONLINE (Pty) Ltd].
7. MEMBER ACCOUNT, PASSWORD, AND SECURITY
If any of the Services requires User to open an account, User must complete the registration process byproviding [MASHCOR ONLINE (Pty) Ltd] with current, complete and accurate information as prompted by theapplicable registration form. User also will choose a password and a username. User is entirelyresponsible for maintaining the confidentiality of User’s password and account. Furthermore, User isentirely responsible for any and all activities that occur under User’s account. User agrees to notify[MASHCOR ONLINE (Pty) Ltd] immediately of any unauthorized use of User’s account or any other breach ofsecurity. [MASHCOR ONLINE (Pty) Ltd] will not be liable for any loss that User may incur as a result ofsomeone else using User’s password or account, either with or without User’s knowledge. However, Usercould be held liable for losses incurred by [MASHCOR ONLINE (Pty) Ltd] or another party due to someoneelse using User’s account or password. User may not use anyone else's account at any time, without thepermission of the account holder.
8. NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS YOUR WEBSITE ADDRESS
Any software that is made available to download from the Services ("Software") is the copyrighted work of [MASHCOR ONLINE (Pty) Ltd] and/or its suppliers. Use of the Software is governed by the terms of the enduser license agreement, if any, which accompanies or is included with the Software ("License Agreement"). An end user will be unable to install any Software that is accompanied by or includes aLicense Agreement, unless he or she first agrees to the License Agreement terms. The Software is made available for download solely for use by end users according to the LicenseAgreement. Any reproduction or redistribution of the Software not in accordance with the LicenseAgreement is expressly prohibited by law and may result in severe civil and criminal penalties. Violatorswill be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TOANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION ISEXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLYPERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE. THESOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSEAGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, [MASHCOR ONLINE (Pty) Ltd]HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE,INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS,IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
FOR YOUR CONVENIENCE, [MASHCOR ONLINE (Pty) Ltd] MAY MAKE AVAILABLE AS PART OF THE SERVICES OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. [MASHCOR ONLINE (Pty) Ltd] DOES NOT MAKE ANY ASSURANCES WITH REGARD TOTHE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERSWHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THE SERVICES.9. NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS YOUR WEBSITE ADDRESS.
Permission to use Documents (such as white papers, press releases, datasheets and FAQs) from theServices is granted, provided that (1) the below copyright notice appears in all copies and that both thecopyright notice and this permission notice appear, (2) use of such Documents from the Services is forinformational and non-commercial or personal use only and will not be copied or posted on any networkcomputer or broadcast in any media, and (3) no modifications of any Documents are made. Accreditededucational institutions, such as universities, private/public colleges, and state community colleges, maydownload and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission. Use for any other purpose is expressly prohibited by lawand may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extentpossible. [MASHCOR ONLINE (Pty) Ltd] AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONSABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS ANDRELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCHDOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANYKIND. [MASHCOR ONLINE (Pty) Ltd] AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALLWARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALLWARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED ORSTATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NOEVENT SHALL [YOUR COMPANY NAME] AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FORANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT,NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THEUSE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THE SERVICES. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD INCLUDETECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. [MASHCOR ONLINE (Pty) Ltd] AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THEPROGRAM(S) DESCRIBED HEREIN AT ANY TIME. 10. NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON THIS SITEIN NO EVENT SHALL [MASHCOR ONLINE (Pty) Ltd] AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLEFOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTIONOF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR INCONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OFOR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES.
11. MATERIALS PROVIDED TO [MASHCOR ONLINE (Pty) Ltd] OR POSTED AT ANY OF ITS WEDSITE ADDRESSES
[MASHCOR ONLINE (Pty) Ltd] does not claim ownership of the materials User provide to [MASHCOR ONLINE (Pty) Ltd] (including feedback and suggestions) or post, upload, input or submit to any Services or itsassociated services for review by the general public, or by the members of any public or privatecommunity, (each a "Submission" and collectively "Submissions"). However, by posting, uploading,inputting, providing or submitting ("Posting") User’s Submission User is granting [MASHCOR ONLINE (Pty) Ltd], its affiliated companies and necessary sublicensees permission to use User’s Submission inconnection with the operation of their Internet businesses (including, without limitation, all [MASHCOR ONLINE (Pty) Ltd] Services), including, without limitation, the license rights to: copy, distribute, transmit,publicly display, publicly perform, reproduce, edit, translate and reformat User’s Submission; to publishUser’s name in connection with User’s Submission; and the right to sublicense such rights to any supplierof the Services. No compensation will be paid with respect to the use of User’s Submission, as provided herein. [MASHCOR ONLINE (Pty) Ltd] is under no obligation to post or use any Submission User may provide and [MASHCOR ONLINE (Pty) Ltd] may remove any Submission at any time in its sole discretion. By Posting aSubmission User warrants and represents to own or otherwise control all of the rights to User’sSubmission as described in these Terms of Use including, without limitation, all the rights necessary forUser to provide, post, upload, input or submit the Submissions. In addition to the warranty and representation set forth above, by Posting a Submission that containimages, photographs, pictures or that are otherwise graphical in whole or in part ("Images"), User warrantand represent that (a) User is the copyright owner of such Images, or that the copyright owner of suchImages has granted User permission to use such Images or any content and/or images contained in suchImages consistent with the manner and purpose of User’s use and as otherwise permitted by theseTerms of Use and the Services, (b) User have the rights necessary to grant the licenses and sublicensesdescribed in these Terms of Use, and (c) that each person depicted in such Images, if any, has providedconsent to the use of the Images as set forth in these Terms of Use, including, by way of example, andnot as a limitation, the distribution, public display and reproduction of such Images. By Posting Images,User is granting (a) to all members of User’s private community (for each such Images available tomembers of such private community), and/or (b) to the general public (for each such Images availableanywhere on the Services, other than a private community), permission to use User’s Images inconnection with the use, as permitted by these Terms of Use, of any of the Services, (including, by way ofexample, and not as a limitation, making prints and gift items which include such Images), and including,without limitation, a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publiclydisplay, publicly perform, reproduce, edit, translate and reformat User’s Images without having User’sname attached to such Images, and the right to sublicense such rights to any supplier of the Services.The licenses granted in the preceding sentences for a Images will terminate at the time User completelyremove such Images from the Services, provided that, such termination shall not affect any licensesgranted in connection with such Images prior to the time User completely remove such Images. Nocompensation will be paid with respect to the use of User’s Images. 12. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITYA. USER EXPRESSLY AGREES THAT USE OF [YOUR WEBSITE ADDRESS] IS AT USER'SSOLE RISK. NEITHER [YOUR COMPANY NAME], ITS AFFILIATES NOR ANY OF THEIRRESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS ORLICENSORS WARRANT THAT [HTTPS://MASHCOR.COM] WILL BE UNINTERRUPTED ORERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BEOBTAINED FROM USE OF [HTTPS://MASHCOR.COM], OR AS TO THE ACCURACY,RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISEPROVIDED THROUGH [HTTPS://MASHCOR.COM].
B. [HTTPS://MASHCOR.COM] IS PROVIDED ON AN "AS IS" BASIS WITHOUTWARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOTLIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITYOR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICHARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATIONUNDER THE LAWS APPLICABLE TO THIS AGREEMENT. C. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BYANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION,DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS,COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESSTO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT,TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USERSPECIFICALLY ACKNOWLEDGES THAT [MASHCOR] IS NOT LIABLE FOR THEDEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRDPARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELYWITH USER. D. IN NO EVENT WILL [MASHCOR], OR ANY PERSON OR ENTITY INVOLVEDIN CREATING, PRODUCING OR DISTRIBUTING [HTTPS://MASHCOR.COM] OR THE[YOUR COMPANY NAME] SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING,WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL ORPUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE [HTTPS://MASHCOR.COM]. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THISSECTION SHALL APPLY TO ALL CONTENT ON THE SITE. E. IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, [MASHCOR ONLINE (Pty) Ltd],NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BELIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS,INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS ORUNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN [HTTPS://MASHCOR.COM], OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TOTHE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONEDTHEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOSTPROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. F. PRIOR TO THE EXECUTION OF A STOCK TRADE, USERS ARE ADVISED TO CONSULTWITH YOUR BROKER OR OTHER FINANCIAL REPRESENTATIVE TO VERIFY PRICING OROTHER INFORMATION. [MASHCOR], ITS AFFILIATES, INFORMATIONPROVIDERS OR CONTENT PARTNERS SHALL HAVE NO LIABILITY FOR INVESTMENTDECISIONS BASED ON THE INFORMATION PROVIDED. NEITHER, [MASHCOR], NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERSWARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY ORCOMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION. G. FORCE MAJEURE – NEITHER PARTY WILL BE RESPONSIBLE FOR ANY FAILURE ORDELAY IN PERFORMANCE DUE TO CIRCUMSTANCES BEYOND ITS REASONABLECONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, RIOT, EMBARGOES,ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRE, FLOODS, ACCIDENTS, SERVICEOUTAGES RESULTING FROM EQUIPMENT AND/OR SOFTWARE FAILURE AND/ORTELECOMMUNICATIONS FAILURES, POWER FAILURES, NETWORK FAILURES, FAILURESOF THIRD PARTY SERVICE PROVIDERS (INCLUDING PROVIDERS OF INTERNETSERVICES AND TELECOMMUNICATIONS). THE PARTY AFFECTED BY ANY SUCH EVENTSHALL NOTIFY THE OTHER PARTY WITHIN A MAXIMUM OF FIFTEEN (15) DAYS FROM ITS
OCCURENCE. THE PERFORMANCE OF THS AGREEMENT SHALL THEN BE SUSPENDEDFOR AS LONG AS ANY SUCH EVENT SHALL PREVENT THE AFFECTED PARTY FROMPERFORMING ITS OBLIGATIONS UNDER THIS AGREEMENT.
13. LINKS TO THIRD PARTY SITESTHE LINKS IN THIS AREA WILL LET YOU LEAVE [YOUR COMPANY NAME]'S SITE. THE LINKEDSITES ARE NOT UNDER THE CONTROL OF [MASHCOR ONLINE (Pty) Ltd] AND [MASHCOR GROUP (PTY) Ltd] IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINKCONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. [MASHCOR ONLINE (Pty) Ltd] IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OFTRANSMISSION RECEIVED FROM ANY LINKED SITE. [YOUR COMPANY NAME] IS PROVIDINGTHESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOTIMPLY ENDORSEMENT BY [MASHCOR ONLINE (Pty) Ltd] OF THE SITE.
[MASHCOR ONLINE (Pty) Ltd] is a distributor (and not a publisher) of content supplied by third parties andUsers. Accordingly, [MASHCOR ONLINE (Pty) Ltd] has no more editorial control over such content than doesa public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or otherinformation or content expressed or made available by third parties, including information providers,Users or any other user of [https://mashcor.com], are those of the respective author(s) ordistributor(s) and not of [MASHCOR ONLINE (Pty) Ltd]. Neither [MASHCOR] nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor itsmerchantability or fitness for any particular purpose. In many instances, the content available through [https://mashcor.com] represents the opinionsand judgments of the respective information provider, User, or other user not under contract with [MASHCOR ONLINE (Pty) Ltd].
[MASHCOR ONLINE (Pty) Ltd] neither endorses nor is responsible for the accuracy orreliability of any opinion, advice or statement made on [https://mashcor.com] by anyone otherthan authorized [MASHCOR ONLINE (Pty) Ltd] employee spokespersons while acting in their official capacities.
Under no circumstances will [MASHCOR ONLINE (Pty) Ltd] be liable for any loss or damagecaused by a User's reliance on information obtained through [https://mashcor.com]. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of any information, opinion,advice or other content available through [MASHCOR ONLINE (Pty) Ltd]. Please seek the advice ofprofessionals, as appropriate, regarding the evaluation of any specific information, opinion, advice orother content.14. UNSOLICITED IDEA SUBMISSION POLICY[YOUR COMPANY NAME] OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDERUNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEWPROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETINGPLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK,SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOIDPOTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN [YOUR COMPANY NAME]'S PRODUCTSOR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO [YOUR COMPANYNAME]. SO, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO [MASHCOR ONLINE (Pty) Ltd] ORANYONE AT [MASHCOR ONLINE (Pty) Ltd]. IF, DESPITE OUR REQUEST THAT YOU NOT SEND USYOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT [MASHCOR ONLINE (Pty) Ltd] MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BETREATED AS CONFIDENTIAL OR PROPRIETARY.
15. MONITORING
[MASHCOR ONLINE (Pty) Ltd] shall have the right, but not the obligation, to monitor the content of [mashcor.com], including chat rooms and forums, to determine compliance with this Agreementand any operating rules established by [MASHCOR ONLINE (Pty) Ltd] and to satisfy any law, regulation orauthorized government request. [MASHCOR ONLINE (Pty) Ltd] shall have the right in its sole discretion toedit, refuse to post or remove any material submitted to or posted on [https://mashcor.com].Without limiting the foregoing, [MASHCOR ONLINE (Pty) Ltd] shall have the right to remove any material that[YOUR COMPANY NAME], in its sole discretion, finds to be in violation of the provisions hereof orotherwise objectionable.
16. INDEMNIFICATION
User agrees to defend, indemnify and hold harmless [MASHCOR ONLINE (Pty) Ltd], its affiliates and theirrespective directors, officers, employees and agents from and against all claims and expenses, includingattorneys' fees, arising out of the use of [MASHCOR ONLINE (Pty) Ltd] by User or User's Account.
17. TERMINATION
Either [YOUR COMPANY NAME] or User may terminate this Agreement at any time. Without limiting the foregoing, [MASHCOR ONLINE (Pty) Ltd] shall have the right to immediately terminate User's Account in theevent of any conduct by User which [YOUR COMPANY NAME], in its sole discretion, considers to beunacceptable, or in the event of any breach by User of this Agreement. 18. MISCELLANEOUSThis Agreement and any operating rules for [https://Mashcor.com] established by [MASHCOR ONLINE (Pty) Ltd] constitute the entire agreement of the parties with respect to the subject matter hereofand supersede all previous written or oral agreements between the parties with respect to such subjectmatter. This Agreement shall be construed in accordance with the laws of the [western Cape], [South Africa], without regard to its conflict of laws rules. No waiver by eitherparty of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequentbreach or default. The section headings used herein are for convenience only and shall not be given anylegal import.
19. COPYRIGHT NOTICE
[MASHCOR ONLINE (Pty) Ltd] its logos are trademarks of [MASHCOR GROUP (Pty) Ltd],
All rights reserved. All other trademarks appearing on [MASHCOR ONLINE (Pty) Ltd] are the property of their respective owners.
20. TRADEMARKS
The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, domain names, email addresses, logos, people and events depicted herein are fictitious. No association with any real company, organization, product, domain name, email address, logo, person, or event is intended or should beinferred.
Any rights not expressly granted herein are reserved by MASHCOR ONLINE (Pty) Ltd
2019/31059/07 and the parent company: Mashcor Group (PTY)Ltd
2014/030525/07
Dock Road Junction
Corner of Dock Road and Stanley Road
Waterfront
8001
VAT: 4400281541
(021) 403 6349