Legal Disclaimer
Terms & Conditions
Using Onderstepoort Biological Products's websites
ACCESSING ANY PAGES ON THIS WEBSITE IMPLIES THAT YOU, ("THE
VISITOR"), AGREE TO THE FOLLOWING TERMS AND CONDITIONS OF
USE OF THIS WEBSITE.
1. Disclaimer
• Whilst every effort has been made by Onderstepoort Biological
Products (Pty) Ltd ("Onderstepoort Biological Products")or
(“OBP”), and its suppliers of information, to ensure
the proper performance of this website, the accuracy of the information/images
and the reliability of the data on this website, Onderstepoort
Biological Products, its affiliated companies, suppliers, partners
or any of their employees, do not guarantee the availability of
services, content and information offered on this website ("the
Services") or the accuracy of the information and/or images
on this website.
• We make no representations or warranties,
whether express or implied, and assume no liability or responsibility
for the proper performance of this website and/or the Services
and/or the information and/or images contained on this website,
and the Services are thus used at your own risk. In particular
OBP make no warranty that the Services will meet your requirements,
be uninterrupted, complete, timely, and secure or error / problem
free.
• We will not be responsible for any mistakes
that may occur on the website relating to advertisements, special
deals, news and the like. The law applicable to advertising will
also be applicable to this website and any offer on this website
is an invitation to do business and not a binding offer. All special
offers and deals available on this website will be subject to
Onderstepoort Biological Products's standard terms and conditions.
• This site may contain hyper-links to third
party sites. Onderstepoort Biological Products is not responsible
for the content of, or the services offered by those sites. The
hyper-link(s) are provided solely for your convenience and should
not be construed as an express or implied endorsement by us of
the site(s) or the products or services provided therein. You
access those sites and use their products and services solely
at your own risk and according to the rules and terms and conditions
of the specific site.
2. Indemnification
You indemnify and hold us harmless against all and any loss, liability,
actions, suits, proceedings, costs, demands and damages of all
and every kind, (including direct, indirect, special or consequential
damages), and whether in an action based on Contract, negligence
or any other action, arising out of or in connection with the
failure or delay in the performance of the Services offered on
this website, or the use of the Services, information and/or images
available on this website, whether due to our negligence or not.
3. Use of Services
You may only use the Services for lawful purposes and you warrant
that you shall not:
use the Services to receive or transmit material which is in violation
of any law or regulation, which is obscene, threatening, racist,
menacing, offensive, defamatory, in breach of confidence, in breach
of any intellectual property rights, or otherwise objectionable
or unlawful;
use the Services for the transmission of "junkmail",
"spam", "chain letters", or unsolicited mass
distribution of SMS;
other than for your personal and non-commercial use, store on
your computer, or print copies of extracts from this website,
and you may not, other than for your personal and non-commercial
use, "mirror" or cache information provided via this
website on your own server, or copy, adapt, modify or re-use the
text or graphics from this website without prior written permission
from Onderstepoort Biological Products.
4. Privacy Policy
Onderstepoort Biological Products and all its associated companies
are committed to respecting the privacy of your personal Data.
To demonstrate our commitment, Onderstepoort Biological Products
has implemented a Privacy Policy in order to communicate its intent
to provide effective processes for the appropriate handling of
such private information and to comply with applicable legislation
that governs the authentication, protection and disclosure of
personal information.
5. Electronic Communications
All electronic communications, including any attachments thereto
that are transmitted to you by us, shall be on the following terms
and conditions:
Before any purported agreement, that has been negotiated either
wholly or partly by electronic means, shall be considered binding
on Onderstepoort Biological Products, the following terms and
conditions shall apply:
An advanced electronic signature, (as defined in the Electronic
Communications and Transactions Act 25 of 2002), of a duly authorized
member of the Board of Directors of Onderstepoort Biological Products
shall be required to be used and attached to any electronic communication
containing any offer and/or acceptance by Onderstepoort Biological
Products, as the case may be.
Where Onderstepoort Biological Products is acting as the party
making the offer, the agreement shall be deemed to have been concluded
at the time when and place where the acceptance of the offer was
actually received by the Director so acting on behalf of Onderstepoort
Biological Products, and upon such Director expressly and manually
acknowledging receipt of such acceptance.
An electronic communications shall be considered to have been
sent by a Director as aforesaid only if:
the Director sent it personally; or
it was sent by a person who had the required authority to act
on behalf of the said Director.
Any opinion or advice contained in electronic communications shall
be subject to the terms and conditions contained in any governing
agreement.
Onderstepoort Biological Products is not responsible for the proper
and/or complete transmission of the information contained in the
electronic communication or of the electronic communication itself
nor in any delay in its receipt.
Whilst Onderstepoort Biological Products does employ virus filtering,
it provides no guarantees or warrantees that the electronic communication
is virus-free.
6. Intellectual Property Rights
You acknowledge that we own the intellectual property rights in
and to this website, and all Services contained herein, and that
the unauthorised use thereof is expressly prohibited.
7. Password
If you have a password you undertake to keep it secure and warrant
that no other person shall use the Services utilising your password,
and you acknowledge further that you are responsible for ensuring
that no unauthorised access to the Services is obtained using
your password, and that you will be liable for all such activities
conducted pursuant to such use, whether authorised or not.
8. Termination and Variation
OBP reserve the right to alter, restrict and/or terminate the
Services to you in particular, or to the public in general, without
notice or reason, or to revise these terms and conditions, and/or
the prices at which the Services are offered, at any time. Such
changes will be posted on this website and be deemed to have been
accepted by you if you continue using the Services. The obligation
therefore is on you to review these terms and conditions at regular
intervals.
9. General
• These terms and conditions are severable, in that if any
provision is determined to be illegal or unenforceable by any
court of competent jurisdiction, then such provision shall be
deemed to have been deleted without affecting the remaining provisions
of the terms and conditions.
• Our failure to exercise any particular
rights or provision of these terms and conditions shall not constitute
a waiver of such right or provision, unless acknowledged and agreed
to by us in writing.
• These terms and conditions, as varied by
us from time to time pursuant to clause 8, above constitute the
sole agreement between you and ourselves.
• These terms and conditions shall be for
the benefit of Onderstepoort Biological Products and may be waived
by us in our discretion.
• These terms and conditions will be governed
by and construed in accordance with the laws of South Africa,
and you shall submit to the jurisdiction of the South African
Courts.
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