DISCLAIMERS AND EXCLUSIONS OF LIABILITY

  • You expressly agree that use of the Compensation Fund (hereafter referred to as CF) website or the Internet is entirely at your own risk. The website and its contents are provided on an "as is" and "as available" basis and the CF makes no representations or warranties of any kind, whether express or implied, including without limitation with respect to the website, its contents, the accuracy thereof, or any warranties or representations regarding the effectiveness of any security or encryption facilities or with regard to the availability of products and/or delivery arrangements and times.
  • The CF disclaims all representations and warranties, including but not limited to warranties as to the availability, accuracy or content of information, products or services, and warranties of or fitness for a particular purpose of information or services.
  • The CF does not warrant that the functions provided by the website will be uninterrupted or error free, or that the website or the server that makes it available are free from viruses or other harmful components.
  • Save as expressly set out herein, the CF shall under no circumstances whatsoever be liable to you, including without limitation, as a result of or in connection with the CF?s negligent (including grossly negligent) acts or omissions or those of its employees, agents or designees or other persons for whom in law it may be liable (in whose favour this constitutes a contract or undertaking for their benefit), for any direct, indirect, incidental, special or consequential loss or damage of any kind whatsoever or howsoever caused (whether arising under contract, delict or otherwise and whether the loss was actually foreseen or reasonably foreseeable), sustained by you, the recipient of the services, or any other person arising from or as a result of any transaction concluded in terms of this Agreement.
  • The CF, its directors, employees, designees, agents, representatives, affiliates and suppliers shall not be liable for any loss, damage (whether direct, indirect or consequential) or expense of any nature whatsoever which may be suffered as a result of or which may be attributable, directly or indirectly, to the use of or reliance upon the website (including any information contained thereon) or the Internet.
  • You will indemnify the CF and keep the CF fully indemnified from and against any loss or damage suffered or liability incurred, including without limitation in respect of any claim or demand by any third party by reason of any act or omission on your part or that of any family member, agent or representative acting on your behalf in connection with transactions concluded on the Site and/or in terms of this Agreement and/or in relation to receipt of goods supplied by us pursuant to any such order.
  • Notwithstanding any other provisions contained herein, the CF's liability whether in contract or delict arising from any breach of any obligation in terms of this Agreement, negligence or otherwise shall not exceed at any time more than double the monetary value of the order in respect of which any such dispute or claim arises.

GENERAL TERMS

  • The content contained on the website may be used by you for your own personal, and information purposes only.
  • In using the Site you agree not to infect it with any computer programming (such as a virus) that may damage, interfere with, delay or intercept any data or information on the Site and you shall indemnify the CF for any damage caused by any such act attributable to you.
  • The CF may suspend the Site or any part thereof or terminate your account at any time if it should determine that the Site is not being used by you in compliance with the user agreement.
  • This Agreement constitutes the whole agreement between the parties relating to the subject matter hereof.
  • Any indulgence of extension of time granted by the CF to you shall not be construed as a waiver or variation of any of the CF?s rights or remedies.
  • At the option of the CF, any dispute arising out of the Agreement may be brought in any Magistrates' Court of competent jurisdiction notwithstanding that the amount in issue may exceed the jurisdiction of such court.
  • This Agreement is governed by the laws of the Republic of South Africa.

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