Website Terms and Conditions of Use
It is the sole responsibility of the User to satisfy itself prior to entering into this agreement with the Provider that the service available from and through this website will meet the User’s individual requirements and be compatible with the User’s hardware and/or software.
To be eligible to use the AlphaPro Website, you must meet the following criteria and represent and warrant that you:
- agree to use this Website only for lawful purposes,
- are not a competitor of AlphaPro or are not using the Services for reasons that are in competition with AlphaPro Company;
- have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party;
- will not violate any rights of AlphaPro, including intellectual property rights such as copyright or trademark rights;
- you agree that you are responsible for obtaining access to the Website, including, but not limited to any third party fees (such as Internet service provider or airtime charges) involved in obtaining access and for all equipment, software and/or hardware necessary to access the Website.
- you may not post on or transmit through the Website any data, text, music, sound, photographs, graphics, video, messages or other material (“User Content”) that
- is defamatory, unlawful, harassing, abusive, threatening, obscene, hateful, sexist, or racially or ethnically offensive;
- constitutes a breach of any person’s privacy or publicity rights;
- violates any statute, regulation or ordinance; or
- promotes software or services that deliver unsolicited mail;
- You may not upload, post, e-mail or otherwise transmit any User Content on or through the Website that contains any viruses, Trojan horses, worms,cancel bots, time bombs, spyware or other computer programming routines that may damage or interfere with the operations of the Website or with other users of this Website, is knowingly untrue, inaccurate or misleading, or interferes with the operation of the Website in any manner.
- You further agree that you will not:
- impersonate any person or entity, including, but not limited to, a AlphaPro Company’s director, employee or representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted on or through the Website;
- infiltrate or otherwise seek to gain unauthorised access to, or compromise the integrity of, the Website;
- Harvest, collect or store information about the users of this Website or the User Content posted by others on this Web Site or use such information for any purpose inconsistent with the purpose of this Web Site;
- interfere with or disrupt the Website or servers or networks connected to the Website, or breach or attempt to breach the security of software, networks, servers, data, computers or other hardware relating to the Website (or that of any third party that is hosting or interfacing with any part of the Website);
- create any frames at any other Web sites pertaining to or using any of the information provided through the Web Site, or promote bonus items, giveaways, random drawings, contests or prizes on the Web Site; or
- duplicate, copy or otherwise exploit the Web Site or its contents for commercial purposes.
AlphaPro may, at its sole discretion, suspend or terminate your access to this Website, without prior notice, if we believe that your conduct fails to conform to this User Agreement.
By using this Website, the User consents and acknowledges that we may communicate with you electronically by way of e-mail or by posting notices on the Website, or any other communications that we provide to you electronically satisfy any legal requirement that such communications should be in writing.
Updating the User Agreement
We reserve the right to amend, modify, add or remove from portions or the whole of this agreement at any time by posting a revised version on the AlphaPro Website or a similar website that replaces this Website, so please review it frequently. The revised version will become effective upon such changes being posted to the Website. The User’s continued use of the Website following the posting of amendments or updates will be considered notice of the User’s acceptance to abide by and be bound by this policy, including such amendments and updates.
Copyright and Intellectual Property Rights
The Provider provides certain information at the Website. Content currently or anticipated to be displayed at this Website is provided by the Provider, its affiliates and/or subsidiary, or any other third party owners of such content, and includes but is not limited to literary works, images and video referred to from here on out as (“the Content”). All such content, are copyright to the Provider, its affiliates or subsidiary, or any other third party owner of such rights and is protected by the republic of South Africa and international copyright laws. The Providers reserve the right to make any changes to the Website, the Content, or to services offered through the Website at any time and without notice.
In addition, by providing information to us, you represent and warrant that you are entitled to submit the information and that the information is accurate, not confidential, and not in violation of any contractual restrictions or other third party rights.
Limitation of Liability
The Website and all Content on the Website, including any current or future offer of products or services, are provided on an “as is” basis, and may include inaccuracies or typographical errors. The Provider makes no warranty or representation as to the availability, accuracy or completeness of the Content. Neither Provider nor any holding company, affiliate or subsidiary of Provider, shall be held responsible for any direct or indirect special, consequential or other damage of any kind whatsoever suffered or incurred, related to the use of, or the inability to access or use the Content or the Website or any functionality thereof, or of any linked website, even if the User is expressly advised thereof.
Choice of Law
These Terms and Conditions shall be governed by the laws of the Republic of South Africa. In the event of the Provider instituting legal proceedings against the User to recover fees due to it, or take any other legal steps arising out of this Agreement, the User shall be liable for legal costs on the scale as between attorney and own client and/or any collection costs.
If any of the provisions of these Terms and Conditions are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect. These Terms and Conditions constitute the entire agreement between the Provider and the User with regard to the use of the Content and this Website.