The “EUA” is considered a legal Agreement between:
Nan Roberts Estates
referred to hereinafter as “Nan Roberts”, “we”, “us” or “our”
and the End User,
identified as any person making use of the services or information provided by this website, and referred to hereinafter “he”, “his”, “you” or “your”.
Acceptance of Terms and Conditions
By using this website, you agree to be bound by the Terms and Conditions of the EUA and other guidelines, rules, criteria and specifications applicable to the services offered by Nan Roberts that may be posted on the website from time to time.
If you do not agree with any part of the Terms and Conditions of the EUA, you may not access or use our website.
Changes to the EUA
We may add to, or change, this EUA at our discretion, and such changes will be effective immediately on notice of the changes being posted on the website.
Intellectual Property Rights and Content
We shall retain all ownership, title and interest in the intellectual property rights contained in the content found on the website, including text, pictures, sound, graphics, articles, video or audio clips and advertising material and collations thereof, and/or data including Copyright, database rights, trade marks, patents, service marks, design rights, (whether registered or not), know-how, trade or business names, domain names and goodwill in and relating to the website, all components developed and produced for the website such as updates, format, art direction, look and feel and content, and any other industrial or intellectual property rights whether registrable or not in any jurisdiction in the world and any applications to protect any of the above.
The website is the property of Nan Roberts, and except for the purposes contained in the paragraph “Permitted Use”, it shall be deemed unlawful and in contravention of our intellectual property rights to sell, transfer, copy, reproduce, republish, distribute, post, link to or modify in whole or in part, any of the website material, in any manner or form, or in, or on any media or to any person without our prior written consent.
All trademarks, logos and service marks displayed on the website, whether registered or not, and whether our own or those of suppliers, service providers, traders or agents are our property, and your use of the website does not grant you by implication “estoppel” or otherwise any “license” or “right” to use any of the trademarks, logos and/or service marks without our prior written consent.
You may access, search, browse, or utilise information contained in this website for your own personal, non-commercial and private use, provided that you do not remove any notices pertaining to our ownership of Copyright or other intellectual property rights, modify, translate, decipher, decompile, disassemble or reverse engineer any of the software in, or relating to, or comprised within our website, reproduce, rent, lease, publish, loan, copy or give or transfer any material or information in any form, to any person or entity.
This EUA is binding on both the User and Company. If you commit a material breach of the Terms and Conditions of this Agreement, you agree not to access and/or use our website again.
Any failure by us to exercise or enforce any right or provision contained within these statutory documents shall not constitute a waiver of such right or provision.
We will make all commercially reasonable endeavours to maintain the functionality of this website and prevent, as far as is reasonably possible, any breach of security.
Any material downloaded or otherwise obtained through the use of our website is done at your own discretion and risk, and you will be solely responsible for the use and/or consequences, including without limitation loss, injury, death or inconvenience, of such use of any information, material or services.
The website and its contents are provided to you “as is”. Whilst reasonable care has been taken to ensure that the information contained on this website is accurate and that the functions and functionality are operational, no warranty or representation of satisfactory quality or fitness for a particular purpose, whether express or implied, nor is any warranty or representation that the information and/or material contained on the website is free from errors or inaccuracy is given.
Access, Interruptions, Availability and Omissions in this Service
While we endeavour to ensure that the standard of this web site remains high to maintain the continuity of it, the Internet is not always a stable medium, and errors, omissions, interruptions of service and delays may occur at any time. As a result, we do not accept any ongoing obligation or responsibility to operate and maintain this web site (or any particular segment of it).
This web site may contain links to third party world wide web sites over which Nan Roberts Estates has no control. We assume no responsibility for the content of third party web sites or for any losses which may arise out of use of third party web sites. The presence of a link to a third party does not necessarily mean that we endorse that site or have any association with the proprietor of that web site. The links sites are for the end users convenience only and the end users’ access to thereto is at the end users’ risk. When visiting linked sites, the end users must refer to that linked sites individual terms and conditions.
Right to Modify
We reserve the right, at any time, and in our sole discretion, for legal or technical reasons, and without notice to you, and without prejudice to us, to remove any of the information or material which we consider inappropriate and/or to suspend, restrict or alter the operation or any of the operational functions of the website or the website utilities.
You agree that we shall not be liable to you or any third party for any modification, alteration, revisions and/or updates to the websites or; discontinuance of our services or; for any deletion of our information or material even if such modification, alteration, revisions and/or update, discontinuance or deletion is due to our negligence.
You agree that you:
Will use this website only in accordance with this EUA.
Will not use the website or any of its functions to send, receive, upload, download or distribute any material that is offensive, unlawful, harmful, abusive, threatening, indecent, defamatory, obscene, racially or ethnically objectionable or in breach of any other persons intellectual property rights or which breaks any obligation of confidentiality by which you are bound.
Will not use the website or any of its functions to send or distribute multiple e-mails or messages (“Spam”), “junk mail”, “chain letters”, “pyramid schemes”, or any form of solicitation to cause any other person annoyance, inconvenience or worry.
Will not use the website or any of its functions to use or attempt to use, any of the software, search engines, or any other means to navigate or search the website other than the navigation tools and search functions available on this website.
Will not use the website or any of its functions to carry out any activities in relation to “screen-scraping” or “database-scraping” to obtain lists of users, URLs, internet keywords, registrants of our website or any other information.
Will not use the website or any of its functions, except in connection with your own personal, non-commercial use.
Will not extract, copy, disseminate, display or reproduce any information on the website, including without limitation, any information required by the site itself.
Will not use the website or any of its functions to modify, transmit, reproduce, publish or create derivative works from any information or software contained on the website.
will not forge headers, or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the facility.
Will not impersonate any person or entity, including but not limited to an official of Nan Roberts, or other user, nor falsely state your affiliation with a person or entity.
Will not use or attempt to use any “robot”, “spider”, other automatic or electronic device or manual process to monitor or copy the web pages or content of the website.
Will not access the website by any means other than the interface that is provided by us for use in accessing the website.
Will not use any software viruses, or any other computer code, file, or programs designed to interrupt, destroy or limit the functionality included in the website.
Will not do anything which imposes an unreasonable or disproportionately large load on the websites infrastructure.
Will not use or attempt to use any device, software or intelligent routine to interfere or attempt to interfere with the proper working of the website and/or the website services and functions or; servers or networks connected to the website, or disobey any requirements, procedures, policies or regulations pertaining to networks connected to the website, whether contained in this Agreement, or otherwise associated with networks and web facility management.
Will not collect, store or make available any personal data about other users of this website for any purpose whatsoever, which is regulated by the Data Protection Act 1998 in South Africa and/or similar Acts in the United Kingdom or the United States of America and/or equivalent legislation in other countries.
You agree to indemnify us against any claims, costs, expenses or legal proceedings arising from your use of the website, or the websites services and utilities in contravention of “Your Obligations” set out above.
You agree that we may treat such contravention as a material breach of this EUA and without notice, prevent you, in whatsoever way we deem fit, from accessing or using the website, and/or the websites services, functions and utilities.
Privacy and Data Protection
For the purposes of the Data Protection Act 1998, you acknowledge that, if you apply in any way to receive services provided by us, you have agreed that all information and personal details that have been transmitted or provided to us can be used to provide better products and services to the collective users of Nan Roberts.
Limitation of Liability
You agree that our liability, in so far as it relates to personal losses in whatsoever way and to the extent that it arises as a result of the negligence of our employees, consultants and contractors and; to the extent that we are deemed by a court of competent jurisdiction to have any liability to you in contract, tort, (including negligence) or otherwise; in relation to the use of this website and/or the websites services, functions and utilities; that our entire liability shall be limited to US 100$ for any one incident or series of related incidents in any period of twelve (12) months.
You additionally agree that regardless of any law or statute to the contrary, any claim or cause of action arising from or related to these Statutory Agreements or Legal Notices must be filed within one (1) year after such claim or cause for action arose or be forever barred.
We shall not be liable to you in contract, tort, negligence (other than fraudulent or negligent misrepresentations), or otherwise for any economic loss, including without limitation, loss of revenue, business, contracts, profits or anticipated savings or; loss of goodwill or reputation or; loss of data or; special, indirect or consequential loss.
This EUA replace all warranties, undertakings and obligations implied by statute, common law usage, and cause of dealing or otherwise, all of which are excluded to the fullest extent permitted by law.
Exclusion of Liability
If we, or any of our consultants or contractors are unable to perform any obligation under this EUA because of a matter beyond our reasonable control, including but not limited to; war, civil disorder, industrial disputes (whether or not involving our employees), or other disasters or governmental laws and regulations imposed; we, our consultants or contractors, will not bear liability for failure of performance or interruption of service under these or similar circumstances, even if we have been advised of the possibility of such damages or loss.
The Terms and Conditions of this “End User Agreement” and; all other Terms and Conditions contained in subsequent Agreements, form the entire “agreement” between you and us, and supersede any other written communications, oral agreements or representations with respect to your use of this website and/or the website services, functions and utilities; at present and in the future.
Nothing in this EUA affects your statutory rights as a consumer. If any Term or Condition or part thereof is held by a court of competent jurisdiction to be unenforceable, the validity of the remainder of this EUA will not be affected.
This EUA are governed by the laws of the Republic of South Africa, without regard for any conflict of law provisions.