I. Acceptance of Terms and Conditions
Use of this Freight Training (Pty) Ltd ('FT') Website is governed by the terms and conditions below.
II. Intellectual Property Rights
All contents, text, images, data, information and other material (hereinafter, 'Content') displayed, available or present on this Website, including any intellectual property rights (including trademarks or copyrights, hereinafter 'Intellectual Property Rights'), are the property of FT or the designated owner and are protected by applicable intellectual property laws.
2. Authorized and Prohibited Uses
A user of this Website (hereinafter, 'User') may use this Website and download and print copies of the Content for only the intended purposes of this Website, so long as the User complies with these terms and conditions and applicable laws. No person may otherwise reproduce, sell, publish, distribute, modify, display, or use all or part of this Website or the Content without the prior written permission of FT. The User agrees that they will not infringe upon, dilute, remove or modify any Intellectual Property Rights or related proprietary notices contained in this Website. The User has the burden of determining the extent to which Content downloaded by the User is protected by applicable intellectual property laws. The User authorizes the placement and use of 'cookies,' software or data on User's information system for purposes of this Website.
3. User Content
Any Content that a User submits to this Website or FT directly, will be deemed to be non-confidential and non-proprietary, unless these conditions are specifically brought to the attention of FT and subsequently acknowledged by FT. User Content may be disclosed through this Website or other trade organizations to unknown persons on a worldwide basis without control by FT, including for browsing, downloading, printing and other uses by such other persons or entities. The User will not submit Content to this Website or FT except for that which is fully authorized for purposes of this Website and these terms and conditions, and the User will not infringe upon any person's Intellectual Property Rights. FT shall have the royalty-free, perpetual, irrevocable, sub-licensable, non-exclusive right and license to translate, reproduce, sell, publish, distribute, modify, display, link to or use, in any form or media, any Content that any User submits to this Website or FT. Any information submitted to FT by a User may be used by FT for market research or similar purposes. FT does not endorse any User, Content, product or service that may appear on this Website.
III. Website and Registration Administration
1. Access Arrangements and Fees
User's use of this Website shall be in accordance with any and all procedures, forms, formats, displays and operating times which may be determined, specified or modified by FT in its discretion. User is responsible for all software, hardware, interconnections, fees, expenses, costs and taxes required for the User to access or use this Website. FT charges no fee at this time for using this Website, but reserves the right to impose or modify fees in connection with use of this Website at any time without liability. FT shall endeavor to issue a general notice on this Website with regard to any imposition of fees or modifications to this Website.
No link shall be made to any page or frame of this Website except to the main page ( www.freightraining.co.za) and in addition, any link to this Website must be immediately followed by notice to FT via e-mail at firstname.lastname@example.org . Moreover, in the event FT deems that a User's linking practices in relation to this Website is or may be inappropriate, FT may provide notice to the User concerning removal or modification of the inappropriate link, and the User agrees to comply with any and all requirements of FT relating thereto.
3. Authority of Website Administrator
FT may in its discretion modify, edit, translate, suspend, restrict access to or terminate this Website, these terms and conditions, the Content or any link at any time without liability or prior notice. FT may in its discretion terminate the browsing of, registration with and use of this Website by any User at any time without liability or prior notice for any reason, including for any breach of these terms and conditions.
4. Import/Export Control
User will not submit any Content to this Website or commit any act involving the transfer of information relating to any Content in violation of applicable import/export control, espionage or national security laws.
IV. User Requirements and Obligations
User will comply with all applicable laws in connection with its use of this Website.
2. Unsuitable Content and Conduct
User will not engage in conduct or submit to this Website any Content or other material that is illegal, inaccurate, misleading, misappropriated, infringing, dilutive, defamatory, obscene, offensive, or otherwise objectionable. The User will not cause damage, embarrassment or adverse publicity to FT.
3. Functional Compatibility
User will submit only Content and material that is functionally and technically compatible with this Website. User will not damage, corrupt, tamper with or infect with a virus this Website, the Content or any information or telecommunication system of FT.
4. User Cooperation and Notification
The User will cooperate with all reasonable requests of FT and will notify FT promptly upon learning of any actual or suspected breach of these terms and conditions by User or unauthorized use or abuse of this Website.
5. Warranty Disclaimers, Limitations on Liability and Remedies
If this Website contains Content, links and other information submitted by third parties over whom FT has no control or responsibility, or translations thereof which FT may arrange: Ft provide such information without liability and as a convenience to user. FT has no obligation to monitor, control or restrict the use of this Website. Moreover, FT has no obligation to verify any Content submitted by a user or to provide any registration or other information concerning any Content. This Website its Content and its links are provided on an "as is" basis and are used only at the sole risk of user, to the fullest extent permissible by law. FT disclaims all warranties, express or implied, of any kind, regarding this Website (including its Content, hardware, software and links), including as to fitness for a particular purpose, merchantability, title, non-infringement, results, accuracy, completeness, accessibility, compatibility, security and freedom from computer virus. FT will not be liable for any damages or losses, including direct, indirect, consequential, special, incidental or punitive damages and lost profits, in connection with use of the internet, this Website, its Content or its links, however caused, whether in contract, tort, negligence, strict liability or otherwise, even if FT has been advised of the possibility of such damages. FT will not be a party to, and will have no responsibility or liability for, any transaction negotiated or arranged by a user arising in connection with this Website or based on information contained on this Website.
The User will defend, indemnify and hold harmless FT and its affiliates, officers, directors, employees and contractors from any demands, claims, damages, liabilities, expenses or harms, including attorneys fees, arising in connection with User's use of this Website, online conduct, breach of these terms and conditions or dealings or transactions with other persons resulting from use of this Website.
1. Dispute Resolution; Applicable Law and Forum
With respect to any and all disputes arising out of or in connection with this Website or these terms and conditions, FT and User agree to negotiate in good faith and undertake reasonable efforts to cooperate with one another in order to achieve a mutually satisfactory resolution. FT has no obligation to become involved in any dispute between a User and any other person. This Website, these terms and conditions and any dispute arising in connection therewith shall be exclusively governed by and construed in accordance with the laws of South Africa without regard to its conflict of law principles. The courts of South Africa shall have exclusive jurisdiction to adjudicate any dispute arising in connection with this Website or these terms and conditions and any legal proceeding shall be initiated exclusively in the Gauteng Province of South Africa, to the maximum extent possible, and no later than one (1) year after the cause of action arises. User submits to the exclusive personal jurisdiction of the courts of South Africa.
2. Modification of Terms and Conditions, Etc.
This is the complete agreement between the parties with respect to its subject matter and supersedes any prior agreement or communication. FT reserves the right to modify these terms and conditions at any time without prior notice. The User's continued use of this Website subsequent to FT's notice of modification of these terms and conditions shall constitute the User's acceptance of the modified terms and conditions. If any provision of these terms and conditions is held to be invalid or unenforceable for any reason, then the remaining provisions will remain in full force and effect. All User obligations pursuant to these terms and conditions shall survive termination of this Website, any use by User of this Website, any Content of User on this Website, or these terms and conditions.