BY ACCESSING OR USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS, POLICIES, GUIDELINES AND DISCLOSURES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, PLEASE DO NOT USE THIS WEB SITE.
These terms and conditions govern your access to and use of the DRIFT website, owned by Southern Waters ER&C cc (SW), and the information and other online and offline services (the “Services”) provided at the DRIFT website. These terms and conditions do not alter in any way any printed written agreement signed by you and SW or its subsidiaries or affiliates. If you are using the DRIFT website on behalf of any entity, you represent and warrant that you are authorized to accept these terms and conditions on such entity’s behalf.
SW reserves the right to change or modify any of the terms and conditions at any time and in its sole discretion. Any changes or modification will be effective immediately upon posting of the revisions on the DRIFT website. You warrant and attest that you are at least eighteen (18) years of age.
In posting content on the DRIFT website, you agree to grant SW an irrevocable, perpetual, royalty-free, fully sub-licensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, and distribute such posted Content. This license is non-exclusive, except you agree that SW shall have the exclusive right to practice this license to the extent of combining your posted Content with the posted Content of other DRIFT users.
No illegal, offensive, inappropriate or encrypted content may be posted on the DRIFT website. SW reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violated this provision, including without limitation, removing the offending communication from the website and terminating the membership of such violators, but is not obligated to do so.
You agree that you will only provide Content that you believe to be true and you will not purposefully provide false or misleading information.
You agree that you will not:
- remove any trademark, copyright or other proprietary rights notices contained in or on the DRIFT website or in or on any Content or other material obtained via the DRIFT website;
- modify, adapt, translate, or reverse engineer any portion of the DRIFT website or the DRIFT DSS;
- use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the DRIFT website;
- take any action that creates an unreasonably large load on our IT infrastructure;
- use the DRIFT website to violate the security of any computer network, crack passwords or security encryption codes; transfer or store illegal material including that are deemed threatening or obscene;
- create user accounts by automated means or under false or fraudulent pretences;
- collect information about other users for any purpose;
- access, retrieve or index any portion of the DRIFT website for purposes of constructing or populating a searchable database containing materials from this DRIFT website.
Please report any offensive or abusive behaviour on the DRIFT website to DRIFT@southernwaters.co.za
Unless otherwise indicated, the DRIFT website and all content on the DRIFT website, including, without limitation, the DRIFT logo, and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the “Materials”) are the property of Southern Waters.
You are granted a limited, non-transferrable license to access and use the DRIFT website. Such license is subject to these terms and conditions and does not include or authorize: (a) any resale or commercial (non-personal) use of the DRIFT website or the Materials therein; (b) the distribution, public performance or public display of any Materials; (c) modifying or otherwise making any derivative uses of the DRIFT website or the Materials, or any portion thereof; (d) use of automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the DRIFT website or Service; (e) downloading (other than page caching) of any portion of the DRIFT website, the Materials or any information contained therein, except as expressly permitted; (f) any attempt to gain unauthorized access to DRIFT’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the DRIFT website; or (g) any use of the DRIFT website or the Materials other than for their intended purpose. Any use of the DRIFT website or the Materials other than as specifically authorized herein, without the prior written permission of SW, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these terms and conditions shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time. All rights not explicitly granted herein are reserved by SW.
You are granted a limited, non-exclusive right to create a text hyperlink to the DRIFT website, provided such link does not portray DRIFT, any of its products or services, in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a DRIFT logo or other proprietary graphic without the express written permission of SW. DRIFT may post third party content or allow users to post their content or third party content to the DRIFT website. SW does not monitor or have any control over any Third Party Content or third party Web sites. SW does not endorse or adopt any Third Party Content or third party Website and can make no guarantee as to its accuracy or completeness.
“DRIFT”, the DRIFT logo and any other product or service name or slogan displayed on the DRIFT website or Service are trademarks of DRIFT and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of SW or the applicable trademark holder.
The site, the materials and the services are provided on an “as is” and “as available” basis without warranties of any kind, either express or implied. DRIFT disclaims all warranties, express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement as to the information, content or materials. DRIFT does not represent or warrant that materials, including the information available in or on the site, or the services are accurate, complete, reliable, current or error-free. DRIFT does not represent or warrant that the site or its servers are free of viruses or other harmful components.
SW is not responsible for errors or omissions in any information or materials contained on the drift website or accessed through the service. while SW attempts to make your access and use of the site safe, it cannot and does not represent or warrant that the site or its server(s), or any content or materials are free of viruses or other harmful components; therefore, you should use industry-recognized software to detect and neutralize viruses, spyware, malware, and other harmful or otherwise undesirable components from any download.
SW reserves the right to change any and all content contained on the DRIFT website and any products or Services offered through the DRIFT website at any time without notice.
In no event shall SW or any of its corporate affiliates, independent contractors, service providers or consultants, or any of their respective directors, employees and agents, be liable for any special, indirect or consequential damages, access to or use of the drift website or the service.
These terms and conditions and your use of the DRIFT website, shall be governed by and construed in accordance with the laws of the Republic of South Africa. You agree that with respect to any disputes or claims not subject to arbitration (as set forth above), any action at law or in equity arising out of or relating to the DRIFT website, DRIFT products or Services or these terms and condition shall be filed only in courts located in Cape Town, South Africa and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts.
If any of these terms and conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such term shall be enforced only to the extent it is enforceable and the remaining terms shall survive and remain in full force and effect and continue to be binding and enforceable.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and DRIFT.
No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision r condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver.
If the performance of any part of this Agreement by either party is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labour disputes, act of God or any other causes beyond the control of either party, that party shall be excused from such to the extent that it is prevented, hindered or delayed by such causes.