20 February 2007
The following sets out the terms and conditions of use of CHKBIZ websites, web portlets and online services.
Unless specified otherwise, references in this site to "CHKBIZ" shall mean CHKBIZ (Pty) Ltd Company Registration No. 1999/018185/07 registered in South Africa.
CHKBIZ has established the CHKPET product and service purely for the purposes of the registration of animals in order to ensure their safe return to their owners in the event of them becoming lost. CHKBIZ is aware that this product and service could be utilised for purposes other than intended, which may impact upon the Privacy rights of individuals. By accepting the terms and conditions of this site the user undertakes and agrees that they will maintain a valid usable email address and shall utilise the product and service only for the purposes intended. Any breach of this condition will constitute a material breach of the agreement entitling CHKBIZ to immediately, without notice to terminate the user's account.
Our liability to you
The information contained in this website is not comprehensive. Despite our efforts, it may not be accurate, up to date or applicable to the circumstances of any particular case. We cannot accept any liability for any inaccuracies or omissions (other than for fraudulent misrepresentation) in this website and any decisions you make based on information contained in this website are your sole responsibility. Neither CHKBIZ nor any of its subsidiaries accept liability for any direct, indirect, special, consequential or other losses or damages of whatsoever kind arising out of access to, or the use of this website or any information contained in it. We are happy to discuss with you the implications of any issue raised if you e-mail us at assure@chkbiz.com.
Other than in respect of personal information which will be treated in accordance with the CHKBIZ Privacy and Security Statement that appears on this website, information provided to us by you directly, indirectly or derived through your use of the website or online services, you agree that we have unlimited rights to such information and that we may use such information in any way we choose. Such information shall be deemed to be non-confidential.
Forward Looking Statements
Statements made on or contained in this website or in documents referred to, particularly those regarding capital employed, capital expenditure, cash flows, costs, savings, debt, demand, disposals, dividends, earnings, efficiency, gearing, growth, improvements, investments, margins, performance, prices, production, productivity, profits, reserves, returns, sales, strategy, synergies, tax rates, trends, value, volumes, the effects of CHKBIZ merger and acquisition activity, are or may be forward looking statements. Such statements reflect the views of CHKBIZ as of the date made with respect to future events and are subject to risks and uncertainties. Actual results may differ from those expressed in such statements, depending on a variety of factors including future levels of industry product supply; demand and pricing; political stability and economic growth; development and use of new technology; actions of competitors; and natural disasters, wars and acts of terrorism. CHKBIZ disclaims any intention or obligation to update forward looking statements.
Ownership of the copyright of this site
The copyright in the contents and any downloads from this website is owned by CHKBIZ or its subsidiaries unless otherwise stated. All rights reserved by CHKBIZ.
You are responsible for obeying all applicable copyright laws. We permit you to make copies of this website as necessary incidental acts during your viewing of it; and you may take a print for your personal use of so much of the site as is reasonable for private purposes. All other use is strictly prohibited. You may not frame this site nor link to a page other than the home page without our express permission and appropriate display of the links to this document, acknowledgement of CHKBIZ as well as relevant copyright notices.
Ownership of trademarks
CHKBIZ registered and unregistered artworks, terminology and phrases are trademarks of CHKBIZ.
Permission for hyperlinks, deep linking, crawlers and metatags
Nobody may establish a hyperlink, frame, metatag or similar reference, whether electronically or otherwise, to this site or any subsidiary pages before receiving our prior written approval, which may be withheld or granted subject to the conditions we specify from time to time. An application to do this must be submitted to webmaster@chkbiz.com. Once received we will do our best to respond and enter into further discussions with you. If you do not receive a written response from us within five business days, consider your request as having been rejected.
Neither CHKBIZ nor any of our subsidiaries are responsible for the content of any other website, including any website through which you may have gained access to our website or to which you may gain access from our website. We do not accept any liability in connection with any such sites or links.
Where we provide a hyperlink to a third party's website, we do so because we believe in good faith that such a website contains or may contain material that is relevant to that on our website. Such a hyperlink does not signify that CHKBIZ or its subsidiaries have reviewed or approve of the connected third party's website or its contents - in certain instances a hyperlink may connect you to a third party's website containing views contradictory to those expressed on our website or otherwise held by CHKBIZ and its subsidiaries.
Breach of these conditions entitles us to take legal action without prior notice to you and you agree to reimburse the costs associated with such legal action to us on an attorney and own client scale.
Live information feeds and stored data
CHKBIZ’s website and online services make use of services and data provided by other organisations. We have no control over this information and make no representations or warranties of any nature as to its accuracy, appropriateness or correctness. You agree that such information is provided "as is" and CHKBIZ will not be directly or indirectly liable for any damages that may arise from your reliance on and use of it.
Your privacy and security
Our commitment to your privacy and the security of your personal information is outlined in our privacy and security statement.
Amendments to these conditions
We may amend these conditions from time to time. By accessing this site or using the online services you are bound to the version of the conditions published here at the time of any visit to this site. You agree to view the current version each time you access the site.
A certificate signed by the person responsible for maintaining this site will be prima facie proof of the date of publication and content of the terms and conditions to which you agreed at the time of using the site or online services.
Software
You are required to use and maintain hardware and software of sufficient quality and performance capability and to use only the latest versions of the available internet browsers. Your failure to use these browsers may result in a higher security risk and/or cause some or all of the functionality of the site not to operate properly or at all.
Software, if any, made available for download on or via our site is governed by licence conditions that establish a legal relationship with the licensor. You indemnify us against any breach of these licence conditions. We give no warranty and make no representation, whether express or implied, as to the quality or fitness for purpose of the use of such software.
No warranty, whether express or implied, is given that any files, downloads or applications available via this site are free of malware, viruses, trojans, bombs, time-locks or any other data or code which has the ability to corrupt or affect the operation of your computer, database, network or other information system.
Capacity to enter into agreements
You hereby warrant to us that you have the required legal capacity to enter into and be bound by contractual terms. Minors must be assisted by their legal guardians when reading these conditions. If you are unsure whether you have the legal capacity to enter into agreements, contact someone able to provide you with this information before you continue using this site or the online services.
Transmission of information
Information transmitted via an unsecured link over the Internet, including email, is susceptible to potential unlawful access, distortion or monitoring. As we do not have the ability to prevent unlawful activities, you accept that we cannot be held liable for any loss, harm or damage suffered by you as a result.
What law governs this website and the online services?
Your use of this website and downloads from it, and the operation of these terms and conditions, shall be governed in accordance with the laws of the Republic of South Africa with reference to any conflict of law provisions. South African courts shall have exclusive jurisdiction over any dispute arising out of your use of this website.
In the event that any or any part of the terms contained in these terms and conditions shall be determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term shall to that extent be severed from the remaining terms which shall continue to be valid and enforceable to the fullest extent permitted by law.
Disclaimer
While CHKBIZ has taken care to ensure that the content on this website is accurate and that you suffer no loss or damage because of your use of this website, the part of the website provided by CHKBIZ and the CHKBIZ services accessible on or via this website are provided "as is" and your use of these is at your own risk.
CHKBIZ does not warrant that the website, any tools such as calculators, software, information, content or online services will be error-free or will meet any particular criteria of accuracy, completeness, reliability, performance or quality.
CHKBIZ expressly disclaims all implied warranties, including, without limitation, warranties of merchantability, title, and fitness for a particular purpose, non-infringement, compatibility, security and accuracy. While CHKBIZ takes all reasonable precautions to prevent this, we do not warrant that the website or any software available for download via the website is free of viruses or destructive code.
CHKBIZ and our partners, customer, affiliates, shareholders, agents, consultants or employees are not liable for any damages whatsoever relating to your use of this website or the online services or the information contained on this website or your inability to use this website or the online services. This includes, without limitation, any direct, indirect, special, incidental, consequential or punitive damages, whether arising out of contract, statute, delict or otherwise and regardless of whether we were expressly advised of the possibility of such loss or damage.
Without derogating from the generality of the above, we will not be liable for:
a. any interruption, malfunction, downtime or other failure of the website or online services, our system, databases or any of its components, for whatever reason;
b. any loss or damage arising from your orders, decisions, purchases or disposal of goods and services, based on the information provided on this website;
c. any loss or damage with regard to customer data or other data directly or indirectly caused by malfunction of our system, third party systems, power failures, unlawful access to or theft of data, computer viruses or destructive code on our system or third party systems; programming defects or negligence on our part;
d. any interruption, malfunction, downtime or other failure of goods or services provided by third parties, including, without limitation, third party systems such as the communication service providers, electricity suppliers, local authorities and certification authorities;
e. any event over which we have no direct control.
Our address for notices and service of legal process
Our chosen address for any legal notice is:
Brett Carnegie Attorneys
Suite 23(B)
Unit 8
Waverley Business Park
Mowbray
7700 South Africa
General provisions
The headings of the clauses in the terms and conditions are provided for convenience and ease of reference only and will not be used to interpret, modify or amplify the terms of the conditions.
Where any dates or times need to be calculated in terms of the conditions, the time standard shall be UTC.
No failure or delay by us to exercise any of our rights will be construed as a waiver of any such right, whether this is done expressly or implied, nor will it affect the validity of any part these conditions or prejudice our right to take subsequent action against you.
If any of these terms, conditions or provisions are held to be invalid, unlawful or unenforceable; the term, condition or provision will be deleted from the remaining terms, conditions and provisions which will continue to be valid to the full extent permitted by law.
If you have any questions or do not understand anything in these conditions please send an email to assure@chkbiz.com and we will respond to you as soon as possible.
