AGREEMENT BETWEEN USER AND NATIONAL ASPHALT
The National Asphalt Website is comprised of various Web pages operated by National Asphalt.
The National Asphalt Website is offered to you on condition of your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the National Asphalt Website constitutes your agreement to all such terms, conditions, and notices.
MODIFICATION OF THESE TERMS OF USE
National Asphalt reserves the right to change the terms, conditions and notices under which the National Asphalt Website is offered, including but not limited to the changes associated with the use of the National Asphalt Website.
LINKS TO THIRD PARTY SITES
The National Asphalt Website may contain links to other Websites (“Linked Sites”). The Linked Sites are not under the control of National Asphalt and National Asphalt is not responsible for the content of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. National Asphalt is not responsible for webcasting or any other form of transmission received from any Linked Site. National Asphalt is providing these links to you only as a convenience and the inclusion of any link does not imply endorsement by National Asphalt of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the National Asphalt Website, you warrant to National Asphalt that you will not use the National Asphalt Website for any purpose that is unlawful or prohibited by these terms, conditions and notices. You may not use the National Asphalt Website in any manner which could damage, disable, overburden, or impair the National Asphalt Website or interfere with any other party’s use and enjoyment of the National Asphalt Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the National Asphalt Website.
USE OF COMMUNICATION SERVICES
The National Asphalt Website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example and not as a limitation, you agree that when using a Communication Service, you will not:
National Asphalt has no obligation to monitor the Communication Services. However, National Asphalt reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. National Asphalt reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
National Asphalt reserves the right at all times to disclose any personal or any special personal information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in National Asphalt’s sole discretion.
Always use caution when giving out any personal information about yourself or your children in any Communication Service. National Asphalt does not control or endorse the content, messages or information found in any Communication Service and therefore, National Asphalt specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorised National Asphalt spokespersons and their views do not necessarily reflect those of National Asphalt.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO NATIONAL ASPHALT OR POSTED AT ANY NATIONAL ASPHALT WEBSITE
National Asphalt does not claim ownership of the materials you provide to National Asphalt (including feedback and suggestions) or post, upload, input or submit to any National Asphalt Website or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting National Asphalt, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
National Asphalt may share data with trusted partners to help us perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to National Asphalt, and they are required to maintain the confidentiality of your information.
No compensation will be paid with respect to the use of your Submission, as provided herein. National Asphalt is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in National Asphalt’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
LIABILITY DISCLAIMER
The information, software, products, and services included in or available through the National Asphalt Website may include inaccuracies or typographical errors. Changes are periodically added to the information herein. National Asphalt may make improvements and/or changes to the National Asphalt Website at any time. Advice received via the National Asphalt Website should not be relied upon for personal, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.
National Asphalt makes no representations about the suitability, reliability, availability, timeliness, and accuracy of the services and related graphics contained on the National Asphalt Website for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided “as is” without warranty or condition of any kind. National Asphalt hereby disclaims all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.
To the maximum extent permitted by applicable law, in no event shall National Asphalt be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use of performance of the National Asphalt Website, with the delay or inability to use the National Asphalt Website or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the National Asphalt Website, or otherwise arising out of the use of the National Asphalt Website, whether based on contract, delict, negligence, strict liability or otherwise, even if National Asphalt has been advised of the possibility of damages. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the National Asphalt Website, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the National Asphalt Website.
SERVICE CONTACT
Our address and contact details are:
| Email address |
| info@nationalasphalt.co.za |
| Physical address |
| 47 Graf Road |
| Bon Accord |
| Pretoria |
| 0009 |
| Postal address |
| PO Box 247 |
| Bon Accord |
| 0009 |
| Telephone |
| + 27 (0) 12 562 9500 |
| Website |
| www.nationalasphalt.co.za |
TERMINATION/ACCESS RESTRICTION
National Asphalt reserves the right, in its sole discretion, to terminate your access to the National Asphalt Website and the related services or any portion thereof at any time, without notice.
GENERAL
To the maximum extent permitted by law, these terms of use are governed by the laws of the Republic of South Africa and you hereby consent to the exclusive jurisdiction and courts in the Republic of South Africa in all disputes arising out of or relating to the use of the National Asphalt Website. Use of the National Asphalt Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation of this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and National Asphalt as a result of these terms of use or use of the National Asphalt Website. National Asphalt’s performance of these terms of use are subject to existing laws and legal processes, and nothing contained in these terms of use are in derogation of National Asphalt’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the National Asphalt Website or information provided to or gathered by National Asphalt with respect to such use. If any part of these terms of use are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these terms of use shall continue in effect. Unless otherwise specified herein, these terms of use constitute the entire agreement between the user and National Asphalt with respect to the National Asphalt Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and National Asphalt with respect to the National Asphalt Website. A printed version of these terms of use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these terms of use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
COPYRIGHT AND TRADEMARK NOTICES
Any use of the Services not expressly permitted by National Asphalt terms of use is a breach of these terms of use and may violate copyright, trademark and other laws. All rights are reserved.
