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Quick Index
Terms of Use Quick
Index
Welcome to MySox website.
This website is best viewed using a contemporary browser.
Use of this website, and information distributed in conjunction with this
website, including without limitation the MySox E-Mail Update Service, is
offered to you on your acceptance of these Terms of Use, our Policy and
other notices posted on this website. Your use of this website or of any content
presented in any and all areas of the website indicates your acknowledgment and
agreement to these Terms of Use (TOU), our Policy and other notices
posted on this website. If you do not agree to be bound by and comply with all
of the foregoing, you may not access or use any information, services, or
otherwise on our website. You may want to regularly check these TOU as they may
be changed without any notice.
MySox shall have the right, at its sole discretion, to modify, add or
remove any terms or conditions of these Terms of Use without notice or liability
to you. Any changes to these Terms of Use shall be effectively immediately
following the posting of such changes on this website. The most recent version
of these Terms of Use may always be found at TOU. You agree
to review these Terms of Use from time to time and agree that any subsequent use
by you of this website following changes to these Terms of Use shall constitute
your acceptance of all such changes. These Terms of Use were last modified on
September 18, 2007.
Website Disclaimer Quick
Index
This website is intended to address a specific commercial need of selling Window Sox products as described on
this web site. The information provided on this web site requires further
engagement with you to be able to conclude any commercial transaction.
The information on this web site may not be used for purposes of resale,
distribution, public display or performance, or any other uses by you in any
form or manner whatsoever. Unless otherwise indicated on this website, any
information on this website may not be reproduced on any other website.
MySox has used its best commercial efforts to obtain the most accurate
information about the product we are selling that may be referrenced on this website all of which may be complex and subject
to change. Accordingly, we may not guarantee the accuracy of any information at
all times as such information may be changed by our supplier. However, we try
our best to ensure that all information about our products is up to date most of
the time.
MySox reserves the right, at its sole discretion, to modify, disable
access to or discontinue, temporarily or permanently, any part or all of this
website or any information contained thereon without liability or notice to
you.
As a visitor to our website, you acknowledge and agree that any reliance on
or use by you of any information available on this website shall be entirely at
your own risk. In no event shall MySox nor any of its suppliers be
liable for any direct, indirect, consequential or exemplary damages arising from
the use or the performance of this website, even if MySox or such provider
has been advised of the possibility of such damages.
Email Disclaimer Quick
Index
- The information contained in any electronic mail communication you receive
from an employee or representative of MySox (hereinafter referred to as "MySox") or Sinqoba Investment Corporation (Pty) Ltd,
including any attachments thereto and all subsequent communications and
attachments (hereinafter referred to as "the e-mail"), are subject to MySox’s
e-mail disclaimer ("disclaimer") as set out herein.
- The information contained in the email is private, privileged and
confidential in nature and may contain proprietary information.
- The e-mail is meant solely for the intended recipient, accordingly access to
the email by anyone else is unauthorized.
- If you are not the intended recipient of the e-mail (or such recipient's
authorised representative), then -
- kindly notify the sender of the e-mail of this fact immediately by return
e-mail, facsimile or telephone and delete the e-mail from your system;
- you are prohibited from printing, storing, copying, forwarding or otherwise
disclosing any information contained in the e-mail or any part thereof; and
- you shall refrain from selling, displaying or offering for sale or utilising
in any manner whatsoever, the information or any part thereof contained in the
e-mail; and
- you may not incorporate the information or any part thereof into any
database or mailing list for whatsoever reason, including for purposes of
sending unsolicited commercial messages (hereinafter referred to as “spam”),
marketing, industry comparisons and/or journalism.
- Your failure to strictly comply with the provisions of paragraph 4 (i – iv)
above may amount to the unlawful interception of communication, the unlawful
infringement of intellectual property rights and the unlawful infringement of
the right to : to do so may be both a criminal offence and a civil wrong
and MySox reserves all its rights and remedies to institute the appropriate claim
against you, including the right to claim damages from you should your
actions/omissions have caused MySox harm.
- At present, the integrity of e-mail across the Internet cannot be guaranteed
and messages sent via this medium are potentially at risk. For this reason it
will be inappropriate to rely on advice contained in the e-mail without
obtaining written confirmation, in the form of a facsimile and/or letter, of
such advice.
- Although MySox takes reasonable precautions to ensure that the e-mails sent
are free of viruses, this cannot be guaranteed and MySox, its holding, subsidiary
and associated companies cannot be held liable for any damages you may suffer as
a result of the transmission of a virus or malicious software code with the
e-mail. You are accordingly advised to ensure that the e-mail is screened by
up-to-date virus checking software.
- Furthermore, MySox, its holding, subsidiary and associated companies expressly
excludes, to the extent permitted by law, all liability for any loss, damage or
expense of whatever nature (including without limitation which may cause the
corruption or loss of data, damage to software programmes and interruption of
business operations) resulting directly or indirectly from the use of messages
sent via the Internet to transmit information by or to MySox.
- MySox, its holding, subsidiary and associated companies are not liable for the
improper, inaccurate or incomplete transmission of the information contained in
the e-mail, or for any delay in its receipt.
- Any advice or information contained in this e-mail is also subject to any
governing agreement between MySox and the recipient.
- Only duly authorised staff acting within the scope of their authority are
able to bind MySox contractually. Unless expressly indicated as such, nothing in
the e-mail constitutes an offer, warranty or representation from MySox.
- The views and opinions expressed in the e-mail do not necessarily reflect
the views and opinions of MySox, its holding, subsidiary and associated companies.
In particular, no MySox representative or employee may send -
- spam;
- messages that infringe any third party's intellectual property rights or
other rights and interests; and
- messages containing content that is offensive, derogatory, racist,
defamatory or otherwise unlawful.
If the e-mail contains contents as
listed in paragraph 12 (i - iii) above, or was otherwise sent for purposes
unrelated to the official business of MySox, it means the e-mail has been sent
outside the sender’s scope of employment with MySox and only the sender can be
held liable in his/her personal capacity; accordingly MySox, its holding,
subsidiary and associated companies shall not be held liable for any loss,
damage or expense of whatever nature resulting therefrom.
- MySox , its holding, subsidiary and associated companies reserves the right to
read, monitor, access, block, delete, copy or otherwise intercept any e-mail
sent in reply to the e-mail or e-mail otherwise addressed to its employees or
representatives or take any other action in accordance with MySox’s email use
policy.
- E-mails sent to MySox will only be regarded as having been received by it once
MySox expressly acknowledged receipt thereof. MySox will be deemed to have sent an
e-mail once reflected as sent on MySox's e-mail servers.
Privacy Policy Quick
Index
We are committed to protecting the privacy of personal information provided by those visiting and interacting with this web site. We make every effort to safeguard any personal information that we get from our customers and or users of our web site.
Confidentiality and Transmissions over the Internet Quick Index
The transmission of data or information (including communications by e-mail)
over the Internet or other publicly accessible networks is not secure, and is
subject to possible loss, interception or alteration while in transit.
Accordingly, we do not assume any liability for any damage you may experience or
costs you may incur as a result of any transmissions over the Internet or other
publicly accessible networks, such as transmissions involving the exchange of
e-mail with us (including those which may contain your personal information).
While we shall take commercially reasonable efforts to safeguard the privacy of
the information you provide us and treat such information in accordance with our
Privacy Policy, in no event will the information you provide to us be deemed to
be confidential, create any fiduciary obligations to you on our part, or result
in any liability to you on our part in the event that such information is
inadvertently released by us or accessed by third parties without our
consent.
User Conduct and Obligations Quick Index
You agree to follow all applicable laws and regulations when using this
website. Furthermore, you agree that you shall not:
- upload, post or otherwise transmit through or to this website any content
that:
- is unlawful, abusive, threatening, harmful, obscene, lewd, offensive,
defamatory or otherwise objectionable;
- might infringe the intellectual property rights, privacy rights, rights of
publicity, or other proprietary rights of others;
- contains any viruses, trojan horses, time bombs, or any other harmful
programs or elements;
- disrupt, place unreasonable burdens or excessive loads on, interfere with or
attempt to gain unauthorized access to any portion of our website, its computer
systems, servers or networks;
- provide false information about yourself to us, impersonate any other
person, or otherwise attempt to mislead others about your identity or the origin
of any content, message or other communication;
- transmit junk mail, chain letters, or other unsolicited bulk e-mail or
duplicative messages;
- collect information about other visitors to our website without their
consent or otherwise systematically extract data or data fields, including
without limitation any financial data or e-mail addresses;
- sell access to or the use of this website, including any content contained
on, downloaded or accessed from this website, except as specifically permitted
in writing by MySox;
- redistribute any content provided by us in any manner whatsoever including
by means of printed publication, fax broadcast, web pages, e-mail, web
newsgroups or forums, or any other electronic or paper-based service or method;
The foregoing prohibitions expressly include, but are not limited to, the
practice of "screen scraping", or any other practice or activity the purpose of
which is to obtain lists of data, portions of a database, or other lists or
information from the web site, in any manner or in any quantities not authorized
in writing by MySox.
By uploading, posting or otherwise transmitting through or to our website any
content, you grant to us, our successors and assigns, a non-exclusive,
world-wide, royalty free, perpetual, non-revocable license to use or distribute
such content in any manner otherwise than as stated in our Privacy Policy.
Indemnification by User Quick Index
You agree to indemnify, defend and hold us and our affiliates, business
partners, officers, directors, employees and agents harmless from any loss,
liability, claim, demand, damage, or expense (including reasonable legal fees)
asserted by any third party relating in any way to your use of this website or
breach of these Terms of Use. We reserve the right to assume the exclusive
defence and control of any matter subject to indemnification by you, which shall
not excuse your indemnity obligations.
Third Party Websites, Content and Products and Services
Quick Index
You acknowledge and agree that your business dealings with any third parties,
including any merchants or advertisers, found on, or accessed through our
website and any of their services, including payment for and delivery of any
related goods and services, are solely as between you and such third parties.
You understand and acknowledge that some of services accessible on our website
are provided by third parties (including, but not limited to, discount foreign
exchange services and online foreign exchange trading services) and that in
certain instances, we may receive referral fees and/or other compensation from
third parties on a per use or other basis based on your purchase or use of third
party goods or services found on or accessed through our website. You
acknowledge that in such dealings with third parties, we are not the seller or
provider and your agreement of purchase or for services with such third party is
solely between you and the third party, and not MySox. MySox assumes
no responsibility whatsoever for any charges, losses or liabilities you or any
user of your account incurs when making purchases or completing transactions
with such third parties. As a user of our website, you acknowledge and agree
that we shall not be responsible or liable in any way for any loss or damage of
any kind which you or any other user of your account may incur as a result of,
or in connection with, any dealings or transactions with such third parties.
By accessing third party services through our website, you hereby authorize
such third party service provides to provide MySox with personal
information regarding your use of and your activities with respect to the
purchase and use of third party services and/or goods.
Links or pointers to other websites and references to products and services
offered by third parties are provided to you for convenience only and do not
constitute an endorsement or approval by us of
(i) the organizations that
operate such websites;
(ii) the content, privacy policies or other terms of
use on such websites; or
(iii) such third party products and services. As we
have no control or responsibility over websites or content maintained by other
organizations, or for products and services offered by third parties, we do not
assume any liability for your use of any of the foregoing, which use you
acknowledge and agree shall be at your own risk.
Proprietary Rights Quick
Index
MySox logo, product marks and other identifying marks of MySox are and
shall remain the trade-marks and trade names and exclusive property of MySox, and
any unauthorized use of these marks is unlawful. Other trade-marks on this
website are the property of their respective owners. All content on this
website, including without limitation all programs, complied binaries, interface
layout, interface text, documentation and graphics, is the copyrighted property
of MySox and is protected by international copyright law. The content on
this website may be used by you only for information purposes as provided for in
these Terms of Use. Any rights not expressly granted to you are reserved by
us.
Notice of Copyright Infringement Quick Index
Our policy is to comply with all intellectual property laws and to act
expeditiously upon receiving any notice of claimed infringement. If you believe
that your work has been reproduced on this website in a manner that constitutes
copyright infringement, please provide a notice of copyright infringement
containing all of the following information:
- A physical or electronic signature of a person authorized to act on behalf
of the copyright owner for the purposes of the complaint.
- Identification of the copyrighted work claimed to have been infringed.
- Identification of the material on our website that is claimed to be
infringing or to be the subject of infringing activity.
- The address, telephone number or e-mail address of the complaining party.
- A statement that the complaining party has a good-faith belief that use of
the material in the manner complained of is not authorized by the copyright
owner, its agent or the law.
- A statement, under penalty of perjury, that the information in the notice of
copyright infringement is accurate, and that the complaining party is authorized
to act on behalf of the owner of the right that is allegedly infringed.
All notices of copyright infringement should be sent to:
IMPORTANT: We at MySox are committed to establishing our services
in as many languages as possible. However, our company's official standard of
communication, like many companies in South Africa, is English and our staff
while they may be familiar with other 10 official languages and may respond to
emails or inquiries in these languages are required to conduct all official
business communications in English. We apologize for any inconviniences this may
cause.
General Quick Index
If any provision of these Terms of Use is held invalid or unenforceable in
any respect by any court having competent jurisdiction, such provision shall be
enforced to the maximum extent permitted by law, and the remaining provisions of
these Terms of Use shall continue in full force and effect. No waiver of any
provision of these Terms of Use shall be deemed a further or continuing waiver
of such provision or any other provision of these Terms of Use.
You agree that these Terms of Use, our Privacy Policy and other notices
posted on this website have been drawn up in English. Although translations in
other languages of any of the foregoing documents may be available, such
translations may not be up to date or complete. Accordingly, you agree that in
the event of any conflict between the English language version of the forgoing
documents and any other translations thereto, the English language version of
such documents shall prevail.
These Terms of Use shall be governed by and construed in accordance with the
laws of South Africa.
Products or services pricing information provided on this site is quoted in
South African currency. Valid pricing in other currencies may be provided only
on request. Our free delivery service is limited to addresses in South Africa only. We may deliver outside South Africa at an additional cost which is available on request.
The parties consent to the exclusive jurisdiction of the
courts of South Africa.
Contact Information Quick
Index
If you have any questions or concerns about these Terms of Use, please feel
free to contact us at tou@mysox.co.za. For other contact
information click here
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