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You are here: Website > Terms of use
Terms of use
Quickberry Close Corporation ("Quickberry") provides its services to you subject to the following terms and conditions which will apply to every access to the Quickberry site ("Site"). The Site includes the main domain and any sub-domains, or similar variations of the main domain, for example, if you use the Site in a private label, co-branded or similar capacity. By accessing or using the Site, you accept these terms and conditions. If you do not wish to be bound by these terms and conditions, you may not access or use the Site. Quickberry may modify this agreement at any time, and such modified agreement shall be effective immediately upon posting of the modified agreement on the Site. You agree to review the agreement from time to time to be aware of such modifications and your continued access or use of the Site shall be deemed to be your conclusive acceptance of the modified agreement.
License and site access
Quickberry grants you a non-exclusive, non-transferable license to use the Site subject to the terms and conditions set out hereunder.
The license does not include any resale or commercial use of the Site or its contents; any derivative use of the Site or its contents; or any use of data mining, robots, or similar data gathering and extraction tools.
The Site or any portion of the Site may not be reproduced, duplicated, published, downloaded, copied, sold, resold, accessed, or otherwise exploited for any commercial purpose without express written consent of Quickberry. You may not utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Quickberry without express written consent. You may not use any meta tags or any other "hidden text" utilizing Quickberry's name or trademarks without the express written consent of Quickberry. Any unauthorised use terminates the permission or license granted by Quickberry. You may not submit any page or pages of the Site to any search engine. You are granted a limited, revocable, and non-exclusive right to create text hyperlinks to the pages of the Site so long as the links do not portray Quickberry or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Quickberry logo or other proprietary graphic or trademark as part of the link without express written permission.
You may not not use any information gathered on the Site to send, or assist in sending, unsolicited email.
Copyrights and trademarks
All content included on the Site, such as text, graphics, logos, images, digital downloads, data compilations, and software, is the property of Quickberry or its content suppliers and protected by domestic and international copyright laws. The compilation of all content on the Site is the exclusive property of Quickberry and protected by domestic and international copyright laws. All software used on the Site is the property of Quickberry or its software suppliers and protected by domestic and international copyright laws. No copyrighted materials may be reproduced, copied, reprinted, published, duplicated, hosted, re-engineered or otherwise distributed without the express permission of Quickberry.
Quickberry and other marks indicated on the Site are domestic and international trademarks or servicemarks of Quickberry. Any Quickberry graphics, logos, icons, scripts, Site "look" and "feel", Site colour combinations or design layout are trademarks or trade dress of Quickberry. The use of Quickberry's trademarks, servicemarks and trade dress is strictly prohibited without the express permission of Quickberry. All other trademarks not owned by Quickberry that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Quickberry.
Privacy
Our privacy policy, which also governs your use of the Site, can be viewed separately.
Confidentiality
If you use the Site, you are responsible for maintaining the confidentiality of your password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your password. You agree to treat all information to which you have access, or all information you receive as a result of access, through password-protected areas of the Site as strictly private and confidential and you agree not to cause or permit such information to be communicated to any other party.
Communications
You may transmit to Quickberry any message, information, data, text, software or images, or other content ("Material") so long as it is not illegal, obscene, threatening, defamatory, harassing, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses or any form of "spam". You may not impersonate any party, or otherwise mislead as to the origin of content, or use an incorrect e-mail address.
You represent and warrant that you own or otherwise control all of the rights to the content that you submit; that the content is true and accurate; that use of the content you supply does not violate this policy and will not cause injury to any party; and that you will indemnify Quickberry for all claims resulting from content you supply. You agree that you shall have no recourse against Quickberry for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Quickberry. Quickberry takes no responsibility and assumes no liability for any content submitted by you or any third party.
Content
The information and facts on the Site are believed to be accurate. However, Quickberry does not warrant that the content of the Site is accurate, complete, reliable, current, or error-free. All data on the Site should be used for information purposes only. It is not intended to provide financial, legal, or tax advice, or any other advice, for any party and should not be relied upon in that regard.
Third parties
Parties other than Quickberry may provide services, or sell product lines or services on the Site. In addition, we may provide links to the sites of certain other businesses. We are not responsible for examining or evaluating, and we do not warrant or endorse the offerings of, any of these businesses or individuals or the content of their sites. Your participation, correspondence or business dealings with any third party found on or through the Site, regarding the payment or delivery of products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Quickberry does not assume any responsibility or liability for the actions, product, services and content of all these and any other third parties.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE SITE IS PROVIDED BY QUICKBERRY ON AN "AS IS" AND "AS AVAILABLE" BASIS. QUICKBERRY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, SERVICES OR PRODUCTS INCLUDED ON THE SITE. YOU EXPRESSLY AGREE THAT YOU ASSUME SOLE RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, QUICKBERRY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. QUICKBERRY DOES NOT WARRANT THAT THE SITE, ITS SERVERS, OR E-MAIL SENT FROM QUICKBERRY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. QUICKBERRY WILL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) FOR: (I) ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF, OR INABILITY TO USE, THE SITE OR ANY INFORMATION OR TRANSACTIONS PROVIDED DIRECTLY OR INDIRECTLY ON THE SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES; OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES ASSOCIATED WITH THE SITE AND/OR INFORMATION OR SERVICES ACCESSED THROUGH OR ON THE SITE, EVEN IF QUICKBERRY OR A QUICKBERRY AUTHORISED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS.
CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Applicable law
By accessing Quickberry, you agree that the laws of the Republic of South Africa, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Quickberry.
Indemnification
You agree to indemnify and hold harmless Quickberry, its employees, officers and directors, agents, licensors, suppliers and third party information or service providers to the Site from and against all losses, expenses, damages and costs, including legal fees, resulting from any violation of these Conditions of Use by you or your use or accessing of the Site.
Miscellaneous
If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
All rights, including, without limitation, intellectual property rights, not expressly granted herein are reserved.
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