The following terms shall have the corresponding meanings assigned to them:
1.1. “Intellectual Property” means, collectively, the patents, copyrights (and moral
rights), Trade Marks, designs, models, brands, names, trade names, graphics, icons, hyperlinks, Know-How, trade secrets and any other type of intellectual property (whether registered or unregistered including applications for and rights to obtain or use same) which are owned by, licensed to, used and/or held (whether or not currently) by BTI Branding Solutions on or in connection with this website.
1.2. “Know-How” means all the ideas, designs, documents, diagrams, information, devices, technical and scientific data, secret and other processes and methods used by BTI Branding Solutions in connection with this website, as well as, all available information regarding marketing and promotion of the products and services described in this website, as well as all and any modifications or improvements to any of them.
1.3. “BTI Branding Solutions” means BTI Branding Solutions (Pty) Ltd.
1.5. “Trade Marks” means those trade marks owned by BTI Branding Solutions (or of which BTI Branding Solutions is designated as beneficial owner) and any other trade marks, designs, logos, style names, tag lines and slogans which BTI Branding Solutions owns or has the right to use or any derivative service offerings of, and applications for, any of same.
1.6. “Website” means each and every website owned, hosted, operated or administered by BTI Branding Solutions.
1.7. “Website Material” means the contents of this website, including without limitation, all and any information, data, documents, Intellectual Property, material, products (including software) or services contained in, accessed through, or downloaded or obtained from this website.
5. OTHER TERMS AND CONDITIONS
6. WEBSITE MATERIAL
6.2. You may not alter, modify, decompile, reverse-engineer, copy, reproduce, distribute, transfer, sell, transmit, display, broadcast, publish, license or create derivative works from the Website Material.
6.4. You may not link to any page on this website or frame this website or any of the pages on this website in any way whatsoever without the prior written permission of BTI Branding Solutions. Recognising the global nature of the Internet, you agree to comply with all local laws, rules and regulations regarding online conduct.
6.5. To the extent that any copying, reproduction, distribution, transmission, display, broadcasting or publishing of any Website Material is expressly permitted (such permission to be interpreted in its most restrictive sense) you may do so, provided that all Trade Marks, trade names and all copyright, ownership, proprietary and confidentiality notices as are included on the original Website Material are retained and displayed without alteration or modification and not in any manner obscured or removed.
6.6. You acknowledge that you do not acquire any ownership rights or rights of use in or to any Website Material by downloading that Website Material.
6.7. You acknowledge that you do not acquire any ownership rights or rights of use in or to any Website Material by copying, reproducing, distributing, transmitting, displaying, broadcasting or publishing that Website Material where permitted to do so.
7. INTELLECTUAL PROPERTY
7.1. The Intellectual Property is owned by BTI Branding Solutions or used under license or with
permission. You may not copy, reproduce, display or use any Intellectual Property in any manner whatsoever without BTI Branding Solutions prior written permission and nothing contained on this website should be construed as granting any licence or right of use of any Intellectual Property.
7.2. This website is Copyright © 2005, BTI Branding Solutions. All rights reserved.
7.3. Trade Marks which are identified as trade marks owned by BTI Branding Solutions, belong
to BTI Branding Solutions. Trade Marks other than those belonging to BTI Branding Solutions which are displayed on this website are the trade marks of their respective owners.
8. CHANGES TO THE WEBSITE
BTI Branding Solutions may, in its sole discretion, change, amend, suspend, withdraw or discontinue any aspect, feature, product, service or information contained on this website at any time without any prior notice to you. BTI Branding Solutions may also impose limits on certain features and services or restrict your access to any or all of the website or Website Material without notice or liability.
9.1. Your use of this website and reliance on any Website Materials available on this website is entirely at your own risk. This website, including all Website Materials, is provided “as is”.
9.2. BTI Branding Solutions does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information contained in, displayed on, linked to or distributed through this website or the Website Materials. You acknowledge that any reliance upon any such opinion, advice, statement or information shall be at your sole risk. BTI Branding Solutions reserves the right, in its sole discretion, to correct any errors or omissions in any portion of this website and the Website Materials.
9.3. Information, ideas and opinions expressed on this website and in the Website Materials should not be regarded as professional advice or the official opinion of BTI Branding Solutions and you are strongly advised to seek professional advice before taking any course of action related to them.
9.4. To the fullest extent permissible by law, BTI Branding Solutions disclaims all warranties of any kind, whether express or implied, including without limitation to the implied warranties of merchantability or fitness for a particular purpose, in respect of this website and the Website Materials. BTI Branding Solutions does not warrant that the functions contained in this website or the Website Materials will meet your requirements or operate in every combination selected by you for use; will be uninterrupted, timely, secure or error free; that any defects or errors will be corrected; or that this website or the Website Materials or the server that makes them available is free of viruses or other harmful components. BTI Branding Solutions does not warrant that this website or the Website Materials will provide specific results from use of this website or the Website Materials or any content, search or link within them or that the results that may be obtained from the use of this website will be accurate or reliable.
9.5. Whilst BTI Branding Solutions takes reasonable precautions in its operation of this website, neither BTI Branding Solutions nor its agents or representatives will assume any responsibility and neither BTI Branding Solutions nor its agents or representatives (in whose favour this constitutes a stipulatio alteri) (stipulation for another) shall be liable for any damages to or for viruses that may infect your computer equipment or software or other property on account of your access to, use of or browsing of this website or the Website Materials or your downloading of any materials, data, text images, video or audio from this website or the Website Materials. Any material downloaded or otherwise obtained through the use of this website or the Website Materials is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
10. LIMITATION OF LIABILITY
10.1. You agree that under no circumstances whatsoever, including as a result of BTI
Branding Solutions negligent (including grossly negligent) acts or omissions or those of its servants, agents or contractors or other persons for whom in law BTI Branding Solutions may be liable, shall BTI Branding Solutions or its servants, agents or contractors or other persons for whom in law BTI Branding Solutions may be liable (in whose favour this constitutes a stipulatio alteri) (stipulation for another) be liable for any direct, indirect, extrinsic, special, penal, punitive, exemplary or consequential loss, damage or damages of any kind whatsoever or howsoever caused (whether arising under contract, delict or otherwise and whether the loss was actually foreseen or reasonably foreseeable), including but not limited to any loss of profits, loss of revenue, loss of operation time, corruption or loss of information or data and/or loss of contracts sustained by you, your directors, servants, dealers or customers, resulting from your use of or inability to use the website or the Website Materials.
- You agree that no claims or legal action arising out of, or related to, the use of this website,
Links to and from this website to other websites belonging to or operated by third parties do not constitute an endorsement by BTI Branding Solutions of such linked websites or their contents nor do they constitute any association by BTI Branding Solutions with their owners or operators. BTI Branding Solutions has no control over such linked websites and is not responsible or liable for any content, information, goods or services available on or through any such linked websites or for any damage, damages or loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, information, goods or services available on or through any such linked websites. You agree that where you access linked websites, you do so entirely at your own risk.
13. DEALINGS WITH THIRD PARTIES
Your interaction, correspondence or business dealings with third parties which are referred to or linked from or to this website is entirely at your own risk and are solely between you and such third party including the acquisition, disposal, payment and delivery of any goods or services, and any terms, conditions, warranties or representations associated with such interaction, correspondence or business dealings. You are solely responsible for identifying and familiarising yourself with any terms and conditions which will govern your relationship with such third party. You agree that BTI Branding Solutions shall not be responsible or liable for any damage, damages or loss caused or alleged to be caused by or in connection with your interaction, correspondence or business dealings with such third parties. You acknowledge that such third parties are not the agents of BTI Branding Solutions.
15. GOVERNING LAW
17. LEGAL SERVICE OF DOCUMENTS AND NOTICES
19. FULL LEGAL AGE
Information provided to BTI Branding Solutions or which BTI Branding Solutions receives arising out of your use of BTI Branding Solutions websites will be treated as confidential, afforded a reasonable standard of protection and not be used or disclosed to any third party except pursuant to a requirement or request by operation of law, regulation or court order. Whether or not information provided to BTI Branding Solutions or which BTI Branding Solutions receives arising out of your use of BTI Branding Solutions websites is attorney/client privileged, would be determined by way of factual enquiry dependant on the circumstances under which it was disclosed. To the extent that any such information is attorney/client privileged then that information will be afforded such privilege.
21. MONITORING OF COMMUNICATIONS
21.1. to maintain the integrity and security of BTI Branding Solutions websites and information
21.2. to investigate and detect any unauthorised use of BTI Branding Solutions websites and information technology systems; and
21.3. as an inherent part of and to secure the effective operation of BTI Branding Solutions websites and information technology systems.
23. WHOLE AGREEMENT
Solutions relating to your access to and use of this website.
23.2. No indulgence, extension of time, waiver or relaxation of any of the provisions or terms of