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2. This web site is only intended to provide the user with information regarding No Train, No Gain and its content. 3. No Train, No Gain expressly reserves the right, in its sole and absolute discretion, to alter or amend any criteria or information set out in this web site without notice. OWNERSHIP & COPYRIGHT 4. All content, trademarks and data on this web site, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, and designs are the property of or licensed to No Train, No Gain, and as such, are protected from infringement by domestic and international legislation and treaties. 5. All rights not expressly granted are reserved. The copyright in all content, information, material and logos vesting in No Train, No Gain shall continue to vest in No Train, No Gain or those that have licensed it to No Train, No Gain and no right, title or interest in any proprietary material or information contained in this web site is granted to you. 6. Without derogating from the aforegoing, No Train, No Gain hereby authorises you to view, copy, download to a local drive, print and distribute the content of this web site, or any part thereof, provided that: 6.1.
such content is used for information purposes only; ELECTRONIC COMMUNICATIONS 7. By using this web site or communicating with No Train, No Gain by electronic means, the user consents and acknowledges 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". CHANGES AND AMENDMENTS 8. This web site may include technical or other inaccuracies or typographical errors. Changes and amendments are periodically made to the information herein and these changes will be incorporated in any new editions of this web site. No Train, No Gain reserves the right to make improvements and/or changes or amendments to this web site at any time.
10. No Train, No Gain is not responsible for and gives no warranties or makes any representations in respect of the privacy policies or practices of linked or any third party web sites. 11. No Train, No Gain reserves the right to alter the terms and conditions of this privacy policy at any time. You will be responsible for reviewing any such changes each time you access the No Train, No Gain web site and your continued use of the web site after changes have been posted online, constitutes your acceptance of this policy as modified by the posted changes. 12. If you have any questions or concerns arising from this policy or the way in which we are handling your personal information, please contact us at dels@media24.com. TRANSMISSION OF INFORMATION 13. The user acknowledges that information transmitted via the Internet, including without limitation e-mail, is susceptible to monitoring and interception. The user is therefore discouraged from transmitting to No Train, No Gain any information that may be confidential, proprietary, or sensitive. The user shall bear all risk of transmitting such information in this manner and under no circumstances will No Train, No Gain be liable for any loss, harm, or damage suffered by the user as a result thereof. No Train, No Gain reserves the right to request independent verification of any information transmitted via e-mail and the user consents to such verification should No Train, No Gain deem it necessary. 14. Any information or material sent to No Train, No Gain will be deemed not to be confidential, unless otherwise agreed in writing by the user and No Train, No Gain. LINKING AND FRAMING 15. It is allowed for any person, business, entity or web site to link to any page on this web site, including the home page, without the prior written approval of No Train, No Gain. 16. It is expressly prohibited for any person, business, entity, or web site to frame any page on this web site, including the home page, in any way whatsoever, without the prior written approval of No Train, No Gain. AGREEMENTS IN TERMS OF SECTION 21 OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT 17. No agreements shall be concluded merely by sending a data message to this web site or its owners, valid agreements require an acknowledgement of receipt from this web site. SEARCHING TECHNOLOGY 18. The use of non-malicious search technology, such as "web-crawlers" or "web-spiders", to search and gain information from this web site is not permitted if such technology will result in slowing down this web site' server and/or copyright infringement of any data and information available from this web site. Data and information may only be used in compliance with sections 5 to 7 hereof. LINKS TO THIRD PARTY SITES 19. No Train, No Gain may provides links to the user only as a convenience and the inclusion of any link does not imply No Train, No Gain 's endorsement of such sites. 20. Linked web sites or pages are not subject to the control of No Train, No Gain. No Train, No Gain shall not be held responsible or liable, directly or indirectly, in any way for the contents, use, or inability to use or access any linked web sites or any links contained in a linked web site SECURITY 21. It is expressly prohibited for any person, business, or entity to gain or attempt to gain unauthorised access to any page on this web site, or to deliver or attempt to deliver any unauthorised, damaging or malicious code to this web site. Any person who delivers or attempts to deliver any unauthorised, damaging or malicious code to this web site or attempts to gain unauthorised access to any page on this web site shall be held criminally liable, and in the event that No Train, No Gain should suffer any damage or loss, civil damages will be claimed. DISCLAIMER 22.
This web site and the information contained therein is provided
"as is" and No Train, No Gain makes no express or implied
representations or warranties with regard thereto. Without limiting
the generality of the aforegoing: RISK & LIMITATION OF LIABILITY 23.
The user's use of this web site and the information contained therein
is entirely at the user's own risk and the user assume full responsibility
and risk of loss resulting from the use thereof. Neither No Train,
No Gain, its affiliates, or their shareholders, agents, consultants
or employees will be liable for any damages whatsoever, including,
without limitation any direct, indirect, special, incidental, consequential
or punitive damages, whether in an action arising out of contract,
statute, delict or otherwise, relating to the use of, or inability
to use, this web site or the information contained therein. This
clause does not apply to section 43(5) and (6) of the Electronic
Communications and Transactions Act. SEVERABILITY 25. These Terms and Conditions of Use constitute the entire agreement between No Train, No Gain and you, the user of this web site. Any failure by No Train, No Gain to exercise or enforce any right or provision of these Terms and Conditions of Use shall in no way constitute a waiver of such right or provision. 26. In the event that any term or condition of the use of this web site 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.
27. This web site is hosted, controlled and operated from the Republic of South Africa, and thus, South African law and the jurisdiction of the South African courts govern the use or inability to use this web site CONTACT INFORMATION 28. If you have any questions, queries or wish to request permission to use any part of this web site, including, linking, framing, or searching, please contact us at: Street
Address: Postal
Address:
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BUYS INCORPORATED ATTORNEYS All Rights Reserved |