Nothing in
this material is intended to override the corporate separateness
of local entities. Working relationships discussed in this material
do not necessarily represent a reporting connection, but may
reflect a functional guidance, stewardship, or service relationship.
Where shareholder consideration of a local entity matter is
contemplated by this material, responsibility for action remains
with the local entity.
KZNOils (Pty) Ltd has numerous affiliates. For convenience and
simplicity in this Web site, those terms and terms like corporation,
company, our, we and its are sometimes used as abbreviated references
to specific affiliates or affiliate groups. Abbreviated references
describing global or regional operational organizations and
global or regional business lines are also sometimes used for
convenience and simplicity. Similarly, KZNOils has business
relationships with thousands of customers, suppliers, governments,
and others. For convenience and simplicity, words like venture,
joint venture, partnership, co-venturer, and partner are used
to indicate business relationships involving common activities
and interests, and those words may not indicate precise legal
relationships.
KZNOils (Pty) Ltd and its affiliated companies (KZNOils or Company)
provide this Web site and other related or linked KZNOils sites
(Site) and certain services, interfaces and functionality on
or via this Site (the Services) to you subject to your agreement
to comply with the following terms of use (the General Terms).
Your use of this Site or the Services will constitute your acceptance
of the General Terms. Once accepted, the General Terms will
constitute a binding agreement between KZNOils and you governing
your use of the Site or Services (the Agreement). If you are
not willing to abide by the General Terms, do not use this Site
or the Services.
1) Changes and Special Additional
Terms and Conditions
KZNOils may revise the General Terms at any time without notice.
You should revisit this Site periodically to make sure you are
aware of the most recent General Terms because they will be
binding on you. Your use of the Site or Services after such
changes constitutes your agreement to such changes.
You are advised to check each page you visit on the Site. Some
locations may have special additional terms and conditions that
apply to use of or interaction with that location. These terms
and conditions may also be changed at any time without notice.
Your use of that location constitutes your acceptance of those
special additional terms and conditions.
2) Use of the Site
A. Site Security.
You are prohibited from violating, or attempting to violate,
the security of the Site or Services. Any such violations may
result in criminal and civil liabilities to you. We will investigate
any alleged violations, and, if a criminal violation is suspected,
we will cooperate with law enforcement agencies in their investigations.
Violations of the security of the Site and Services include,
without limitation, the following:
Logging into or attempting to log
into a server or account that you are not authorized to access;
Accessing data or taking any action to obtain services not
intended for you or your use;
Attempting to probe, scan, or test the vulnerability of any
system, subsystem or network;
Tampering, hacking, modifying or otherwise corrupting or breaching
security or authentication measures without proper authorization;
Transmitting material that contains viruses, Trojan horses,
worms, time bombs, cancelbots or other computer programming
routines or engines with the intent or effect of damaging,
destroying, disrupting or otherwise impairing a computer's
functionality or the operation of the Site or Services;
Interfering with, intercepting or expropriating any system,
data or information; or
Interfering with service to any user, host, or network including,
without limitation, by means of overloading, "flooding,"
"mailbombing," or "crashing" any computer
system.
B. "Spam" and Similar
Actions. You are prohibited from transmitting
the same or similar unsolicited e-mail messages, bulk commercial
advertising, or chain letters to one or more e-mail groups
(which are two or more e-mail addresses aggregated as a single
e-mail addressee).
C. Infringement.
You are prohibited from using the Site or Services to infringe
on any person's copyright, trademark, patent or other intellectual
property rights. We may terminate your right to access the
Site and Services if we believe you are using the Site and
Services in a manner that infringes the copyright, trademark,
patent or other intellectual property rights of another. You
may be ordered by a court to pay money damages to us and to
the rightful owner of any intellectual property rights you
violate.
D. Other Prohibited Actions.
In using the Site or Services, you must not:
Post, e-mail, or otherwise transmit or use
the Site or Services in furtherance of any unlawful, harmful,
harassing, defamatory, threatening, vulgar, sexually explicit,
hateful or otherwise objectionable material of any kind, any
material that exploits children or is invasive of another
person's privacy or other rights, or any material that KZNOils
in its sole discretion does not wish posted or transmitted
on the Site and Services;
Continue to send e-mail to a recipient who has indicated that
he/she does not wish to receive a communication from you;
Engage in and/or encourage conduct that would:
1) violate any applicable law or regulation or
2) give rise to civil liability;
Engage in conduct which could damage or impair the intended
operability of the Site or the Services.
Impersonate any individual or entity, falsely state or otherwise
misrepresent your identity or affiliation in any way, or forge,
delete or alter any part of TCP/IP packet header information
in any e-mail or other posting;
Engage in deceptive online marketing; or
Assist or permit any persons in engaging in any of the activities
described above.
E. Your Content.
You must exercise caution, good sense and proper judgment
in using the Site and Services. You are responsible for any
material you place on or transmit to or through the Site or
Services. You agree, represent and warrant that any information
you post to or transmit through the Site or Services is truthful,
accurate, not misleading and offered in good faith, and that
you have the right to post or transmit such information. Such
information (including without limitation, data, text, software,
music, sound, photographs, graphics, video, messages or any
other materials whatsoever), whether publicly posted or privately
transmitted, is your sole responsibility.
F. You agree that use of any
information obtained via the Site or Services is at your own
risk.
G. Consequences of Unacceptable
Use. We reserve the right (but not the obligation)
in our sole discretion to refuse or delete any of your content
as well as suspend or terminate without notice your access
to the Site and Services upon a violation or attempted violation
of this Agreement. Indirect or attempted violations of this
Agreement, and actual or attempted violations by a third party
acting on your behalf, shall be deemed violations by you of
this Agreement. Furthermore, it is a violation of this Agreement
to use the services of another company for the purpose of
facilitating any of the activities which violate this Agreement
if such use of another company's service could reasonably
be expected to adversely affect the Site and Services any
manner.
H. No Licensing.
By your use of the Site or the Services you receive no license,
express or implied, under any patent rights or trade secret
rights now or hereafter, owned, controlled or possessed by
KZNOils.
I. Linking.
You may not link to this site without prior written permission
from KZNOils. You may download and print one copy of content
on this Site for your personal non-commercial use, or in connection
with your purchase of any KZNOils products, provided that
you leave any copyright or trademark information intact and
unchanged. Other than as specifically set out in this paragraph
you may not copy (whether by printing off onto paper, storing
on disk, placing on another site, downloading in any other
way), distribute (including distributing copies), broadcast,
alter or tamper with in any way any portion of this Site.
3) Trademark and Copyright
Certain other brands, trademarks and services marks are marks
of KZNOils and its affiliates. Not all marks of KZNOils will
appear on this Site and not all products or services listed
on this Site are available for sale in every country. Some
products or services may be marketed under local trademarks
in specific countries. Marks of third parties may appear on
this Site when referring to those entities or their products
or services.
The user may forward, distribute, and/or photocopy copyrighted
materials of KZNOils located on this Site only if the entire
relevant page or document is unaltered and complete, including
all of their headers, footers, disclaimers, and other information.
You may not copy these documents to a Web site.
4) No Warranty
This Site and Services are provided "As Is" and
without warranties of any kind, whether express or implied,
to the fullest extent permissible pursuant to applicable law,
KZNOils disclaims all warranties, express or implied, including,
but not limited to, implied warranties of merchantability
and fitness for a particular purpose and non-infringement.
KZNOils does not represent or warrant that the functions or
Services contained in the Site will be uninterrupted or error-free,
that defects will be corrected, or that this Site or the server
that makes the Site available are free of viruses or other
harmful components. KZNOils does not make any warranties or
representations regarding the use of contents of this Site
or Services in terms of their correctness, accuracy, adequacy,
usefulness, timeliness, reliability or otherwise. Some jurisdictions
do not allow exclusion of implied warranties, so the above
limitations and exclusions may not apply to you.
5) Limitation of Liability
KZNOils shall not be liable to you or any other party for
any compensatory, punitive, special or consequential damages
that result from the use of, or the inability to use, the
Site, the Services or the contents on this Site or the performance
of the Site, Services or products described on this Site,
even if KZNOils has been advised of the possibility of such
damages. Applicable law may not allow the limitation or exclusion
of liability or incidental or consequential damages, so the
above limitation or exclusion may not apply to you.
If you are dissatisfied with any portion of the Site or the
Services or with any of these terms, your sole and exclusive
remedy is to discontinue using the Site and the Services.
6) Non-Confidentiality of User
Materials
You are not to transmit any material to or through this Site
that you consider to be confidential or proprietary. Any material
which you transmit to or through this Site will be considered
non-confidential and non-proprietary. Except as expressly
provided in KZNOils's Privacy Statement or separate written
agreement between you and KZNOils, you give KZNOils an unrestricted,
irrevocable, worldwide, royalty-free license to use, reproduce,
display, publicly perform, transmit and distribute such information.
You further agree that KZNOils has the right to use, without
any payment or accounting to you or others, any concepts,
know-how or ideas which you (and those who act on your behalf)
transmit to or through the Site.
7) Use of Third Party Web sites
As a convenience, KZNOils may provide links to Web sites operated
by third parties. If you decide to access a third party's
Web site through a link provided by this Site, you do this
at your sole risk. KZNOils is not responsible for any viruses
or other damaging elements encountered in linking to a third
party Web site. KZNOils makes no warranty or representation
regarding and if not responsible for the linked Web sites
or the content of such Web sites.
8) User Communications Areas
The Site may contain areas where users communicate with each
other, including but not limited to bulletin boards, calendars,
chat areas, or personal web pages.
KZNOils has the right but not the obligation to monitor or
review any part of the Site or the Services including the
user communication areas. However, KZNOils shall have no liability
related to the content of any communications made in these
areas.
9) Disclosure; Forward-Looking
Statements
Some of the information on this Site may contain projections
or other forward-looking statements regarding future events
or the future financial performance of the Company. We wish
to caution you that these statements are only predictions
and that actual events or results may differ materially. We
refer you to the documents the Company files from time to
time. These documents contain and identify important factors
that could cause the actual results to differ materially from
those contained in our projections or forward-looking statements,
including, among others, potential fluctuations in quarterly
results, dependence on new product development; rapid technological
and market change, acquisition strategy, manufacturing risks,
risks associated with Internet infrastructure, volatility
of stock price, financial risk management, and future growth
subject to risks.
10) Global Availability/Export
Controls
Those who access the Sites or Services so do on their own
and are responsible for compliance with all applicable SA
and local laws. You may not export or re-export any Services,
information or materials accessed on or described on this
Site except in full compliance with all United States laws
and regulations. In particular, you may not export or re-export
into (or to a national or resident of) any country to which
South Africa embargoes or sanctions goods, services or technology,
to any person or entity on the SA Treasury Department's List
of Specially Designated Nationals, the SA Bureau of Export
Administration Entity List, the SA Bureau of Export Administration
Denied Persons List or the SA Commerce Department's Table
of Denial Orders. In addition, you are responsible for complying
with any local laws in your country which may impact your
right to import, export or use the Site, Services, information,
or materials accessed or described on the Site.
11) Indemnity of Company
You agree to indemnify, hold harmless, and defend KZNOils
(Pty) Ltd (including subsidiaries and affiliates of KZNOils
(Pty) Ltd, hereinafter "KZNOils") as well as KZNOils
officers, directors and employees, from and against any claim,
demand, cause of action, debt, loss or liability, including
reasonable attorneys' fees, to the extent that such action
is based upon, arises out of, or relates to your violation,
or violation by any other person using your password or account
of the terms and conditions of this Agreement.
12) Applicable Law and Dispute
Resolution
This Agreement shall be governed by the internal substantive
laws of South Africa (without giving effect to its principles
of conflict of laws). Where federal jurisdiction exists over
any action, suit or proceeding arising out of or in any way
connected with this Agreement, you and KZNOils designate the
South African Legal authorities for the exclusive resolution
of that dispute and submit to the jurisdiction of the respective
court. Where federal jurisdiction does not exist over that
action, suit or proceeding, you and KZNOils designate the
Local Court for the exclusive resolution of that dispute and
submit to the jurisdiction of that court.
13) Special Note for Parents
Portions of this Site and Services may be of special interest
to children but KZNOils does not seek through this Site to
gather personal information from persons under the age of
17.
14) How to Contact Us
If you have any questions or concerns about the online statement
for this Site or its implementation you may contact us at:
KZNOils (Pty) Ltd
Attn: Customer Relations
PO Box 74134
Rochdale Park
Springfield, 4034
South Africa |
