By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.
- Use License
Permission is granted to temporarily download one copy of the materials (information or software) on Stockable’s web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on Stockable’s web site;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or „mirror“ the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Stockable at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
- Changes and Modifications to the Terms, Website and/or any Content
- We may, at any time, in our sole and absolute discretion, do any of the following without prior notice:
- change these Terms;
- change or remove Content accessible on the Website;
- change or discontinue any aspect of Website or Services accessible on the Website; and/or
- change the software and/or hardware required to access and use the Website.
- Your continued access or use of the Website, Content and/or Services will be subject to the Terms in force at the time of your access or use. If you do not agree with any updates, amendments or modifications, you must discontinue use of the Website, Content and/or Services,
- Permitted Use
- We hereby authorise you to view, copy, download to a local drive, print and distribute the Content of the Website, or any part thereof, provided that:
- such Content is used for non-commercial purposes only;
- any reproduction of the Content available on or through the Website, or any part thereof, must not infringe our intellectual property rights or the intellectual property rights of third parties, and all copies must include the following copyright notice: © Stockable Solutions. ALL RIGHTS RESERVED; and
- your use of the Content is in accordance with these Terms.
- You must not, directly or indirectly, do any of the following things:
- perform any action that violates these Terms or any guidelines or policies posted by us;
- use the Website for hacking, spoofing, cracking, phishing or spamming or any other activity aimed at achieving similar purposes;
- perform any action which is illegal, fraudulent or violates or infringes any of our rights or the rights of third parties, including intellectual property rights;
- use any technology or other means to access, index, frame or link to the Services (including the Content) in a way that is not expressly authorized by us;
- interfere with any other person’s use and enjoyment of the Services, the Website, or the Content.
- Any restrictions on the use of the Website or the Content shall also apply to any part of the Website or the Content which may be cached when using the Website or the Content.
- We shall fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or location of anyone posting any Content in breach of the Terms.
- Availability of the Website
- While we endeavour to ensure that the Website is normally available 24 hours a day, we shall not be liable if for any reason the Website is down or unavailable at any time or for any period.
- Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair and or for reasons beyond our control.
Paragraphs 5.1 and 5.2 have important legal consequences for you. In this paragraph: the legal responsibilities and liabilities of Stockable Solutions excluded or limited; and any rights you have against us are limited or excluded. We make no promises that the Website or the Content will always be available or that the Website or Content will be available without interruption. As such, should you suffer losses as a result of the Website or Content being unavailable you will not be able to hold us liable. You will not be able to take action against us if you suffer losses or damages as a result of the Website or Content being unavailable.
- Consumer Protection Act, Protection of Personal Information Act and all other Applicable Laws
- If these Terms (or any contract governed by these Terms) or the Content provided and/or made available on the Website are regulated by or subject to the Consumer Protection Act No 68 of 2008, as may be amended from time to time (the “Consumer Protection Act”), the Protection of Personal Information Act, 4 of 2013 (“POPI”) or other laws, it is not intended that any provision of these Terms contravene any provision of the Consumer Protection Act, POPI or such other laws. Therefore all provisions of these Terms must be treated as being qualified, to the extent necessary, to ensure that the provisions of the Consumer Protection Act, POPI and such other laws are complied with.
- No provision of these Terms (or any contract governed by these Terms):
- does or purports to limit or exempt us from any liability (including, without limitation, for any loss directly or indirectly attributable to our gross negligence or wilful default or that of any other person acting for or controlled by us) to the extent that the law does not allow such a limitation or exemption;
- requires you to assume risk or liability for the kind of liability or loss, to the extent that the law does not allow such an assumption of risk or liability; or
- limits or excludes any warranties or obligations which are implied into these Terms (or any contract governed by these Terms) by the Consumer Protection Act, POPI or other applicable laws (to the extent applicable) or which we give under the Consumer Protection Act, POPI, or other applicable laws (to the extent applicable), to the extent that the law does not allow them to be limited or excluded.
- Access to the Internet
We will not be responsible for your inability to access the Website, Services and Content due to limitations specific to your personal computers, mobile phones, and other similar devices (“Access Device”). To access the Content, you must have an Access Device, which is able to connect to the Internet and to receive Content.
- Intellectual Property Rights
- The Content we make available to you through the Website is owned by, or licensed to us, and as such, is protected from infringement by domestic and international law, including intellectual property law. Subject to the rights afforded to you herein, all our rights, including intellectual property rights, in Content displayed on the Website, are expressly reserved.
- You must not use the Website or the Content in any way that constitutes a violation of any law (including intellectual property law), or an infringement of our rights (including the intellectual property rights), the rights of our licensors or any third party.
- All intellectual property rights, including all rights, title and interest in and to the Website and Content, of whatsoever nature existing now and in the future, remain our absolute property and that of our licensors.
- You will not, at any time, acquire any rights, title, ownership or interest, including any intellectual property rights, in or to the Website or the Content other than those rights expressly granted to you in the these Terms.
- Where any of the Content has been licensed to us or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.
- Electronic Communications
By using the Website or communicating with us by electronic means, you consent and acknowledge that any and all agreements, notices, disclosures, or any other communication satisfies any legal requirement, including but not limited to the requirement that such communications should be “in writing”.
The materials on Stockable’s web site are provided „as is“. Stockable makes no warranty, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Stockable does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
- Revisions and Errata
The materials appearing on Stockable’s web site could include technical, typographical, or photographic errors. Stockable does not warrant that any of the materials on its web site are accurate, complete, or current. Stockable may make changes to the materials contained on its web site at any time without notice. Stockable does not, however, make any commitment to update the materials.
Stockable has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Stockable of the site. Use of any such linked web site is at the user’s own risk.
- Data Protection
- Agreements in Terms of Section 21 of the Electronic Communications and Transactions Act
- No information or data on the Website is an offer but merely an invitation to do business.
- No agreements shall be concluded merely by sending a data message to the Website or its owners, and valid agreements require an acknowledgement of a receipt from us.
In no event shall Stockable or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Stockable’s Internet site, even if Stockable or a Stockable authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
- Subject to the provisions of sections 43(5) and 43(6) of the Electronic Communications and Transactions Act, and to the extent allowed by law, we shall not be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use the Website or the Services or Content provided from and through the Website. Furthermore, we make no representations or warranties, implied or otherwise, that, amongst others, the Content and technology available from the Website are free from errors or omissions or that the service will be 100% (One Hundred Percent) uninterrupted and error free.
- The Website is supplied on an “as is” basis and has not been compiled or supplied to meet the user’s individual requirements. It is your sole responsibility to satisfy yourself prior to entering into this agreement with us that the content available on or through the Website will meet your individual requirements and be compatible with your hardware and/or software.
Neither Stockable Solutions nor any of our agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the purchase of any third party products or services, or from the use of or inability to use any third party products or services linked to from, or advertised on our platform/website
- Stockable Solutions shall not be held liable for any comments or postings you make on any of our social media platforms, including, but not limited to our Facebook page or via our Twitter or Instagram accounts. We do not editorially control such comments or posting and therefore cannot be held liable for illegal or unconstitutional content (including, but not limited to defamatory, threatening, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, or blasphemous, comments or postings).
Paragraphs 16.1 to 16.3 have important legal consequences for you and must be read carefully. In these paragraphs: our legal responsibilities and liabilities are limited or excluded; the rights or remedies you may have against us are limited or excluded; and you take on the responsibility and risk. There are things that may go wrong when using the Internet. We are not responsible or liable for anything that goes wrong. You use the Website knowing and accepting that these things can go wrong and that there are risks. We make no promises that the Content be free from errors or that the Website or Content is suited for your particular needs. The Content cannot be relied upon to be true or accurate. None of the Content can be considered our opinions or the opinions of our agents or representatives. If you purchase goods or services on third party websites which you have linked to via the Website, Stockable Solutions will not be liable for any losses you may suffer from your use of or inability to use the goods or services you purchased. You will not be able to take action against us if you suffer a loss or damages in these circumstances.
- As far as the law allows, you indemnify us and agree to hold us, our affiliates and our suppliers harmless against any loss, liability, costs, and damages which we or they may suffer from a claim, where the claim results from:
- your use and access to the Website, Content and/or the Services;
- you infringing or misusing any rights of any persons, including intellectual property rights in relation to the Website or Content;
- your violation of these Terms; or any comments or postings you may make on any of our social media platforms
Paragraph 17.1 is important and must be read carefully. It: limits or excludes our legal responsibilities and liability; limits or excludes the legal responsibilities and liability of various persons or entities; places legal responsibilities and liabilities and risks on you. In certain instances Stockable Solutions or other persons or entities may have claims for damage caused by you, for example, when you infringe the intellectual property rights of others, make defamatory, threatening, or discriminatory comments of social media, or violate any of these Terms. You agree to take on responsibility and liability for losses and damages as far as the law allows us to pass this responsibility and liability on to you. You will not be able to take any action against us if you suffer losses or damages in these circumstances. Your violation of these Terms; or any comments or postings you may make on any of our social media platforms.
- In the event that any term or condition of the use of the Website is not fully enforceable or valid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall not be affected by such unenforceability or invalidity and shall remain enforceable and applicable.
Any failure by us to exercise or enforce any right or provision of these Terms shall in no way constitute a waiver of such right or provision.
- Applicable and Governing Law
The Website is hosted, controlled and operated from the Republic of South Africa, and thus South African Law governs the use or inability to use the Website and these Terms. Any claim relating to Stockable Solutions web site shall be governed by the laws of the Republic of South Africa without regard to its conflict of law provisions. General Terms and Conditions applicable to Use of a Web Site.