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Blitz Alert
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Terms & Conditions
The following terminology applies to these Terms and Conditions, Privacy
Statement and Disclaimer Notice and any or all Agreements: "Client", "User",
"Device", "You" and "Your" refers to you, the person accessing this website,
or using its services, and accepting the Company's terms and conditions.
"The Company", "Our", "We", "website", "service" refers to BLITZ
ALERT. "Party", "Parties", or "Us", refers to both the Client
and ourselves, or either the Client or ourselves.
Privacy Statement
Authorized employees within the company may, on a
need to know basis only, use any information collected from individual
users. We constantly review our systems and data to ensure the best
possible service to our customers. We do not keep copies nor backups of
content sent through our services. We also do not host our servers in the
USA and thus won't be monitored by the NSA.
Confidentiality
All client records are regarded as confidential
and therefore will not be divulged to any third party, or if legally
required to do so to the appropriate authorities. Clients have the right to
request sight of, and copies of any and all Client Records we keep, on the
proviso that we are given reasonable notice of such a request. Clients are
requested to retain copies of any literature issued in relation to the
provision of our services. We will not sell, share, or rent your personal
information to any third party or use your e-mail address for unsolicited
mail. Any emails sent by this Company will only be in connection with the
provision of agreed services and products.
Disclaimer
Exclusions and Limitations
The website and services are provided on an "as is" basis. To the fullest extent permitted by law, this Company:
* excludes all representations and warranties relating to this website and or
services and its contents or which is or may be provided by any affiliates
or any other third party, including in relation to any inaccuracies or
omissions in this website and/or the Company's literature; and
* excludes all liability for damages arising out of or in connection with your
use of this website. This includes, without limitation, direct loss, loss
of business or profits (whether or not the loss of such profits was
foreseeable, arose in the normal course of things or you have advised this
Company of the possibility of such potential loss), damage caused to your
computer, computer software, systems and programs and the data thereon or
any other direct or indirect, consequential and incidental damages of
whatsoever nature and caused by whatsoever reason, including gross
negligence by the Company or its agents or employees.
You expressly agree that use of BLITZ ALERT is at your sole risk. Neither
BLITZ ALERT, its parent, subsidiaries, its other affiliates nor any of their
respective employees, agents, third party content providers or licensors
warrant that BLITZ ALERT will be uninterrupted or error free; nor do they
make any warranty as to the results that may be obtained from use of BLITZ
ALERT, or as to the accuracy, reliability or content of any information,
service, or merchandise provided through BLITZ ALERT.
General Usage
You agree that your use of BLITZ ALERT is for
lawful purposes only. You agree that you will not use this website or
service for any unlawful purpose, including but not limited to: the
commission of a criminal offence; to gain unauthorised access to other
computer systems; or for the transmission of unlawful material. If any of
the terms and conditions of use of this website is unacceptable to yourself,
you are hereby expressly informed that you are in such circumstances
precluded from using this website and any of the services offered on this
website or any link thereto.
BLITZ ALERT is free to use within reasonable limits, determined by the
company. If the company decides, at its own digression, that an user is not
using the provided services in a fair way, it may result in additional
charges, negotiated between the parties.
Usage Licensing
The Company licenses you to add your services to the website free-of-charge,
provided that they have rights to publish such information and that they
agree that they are solely responsible for such content. It remains the
User's own responsibility to ensure that the information entered is correct
and stay updated. It remains the right of the Company to revoke licenses
given at any stage for any reason. You may not load content for harmful
purposes; Illegal purposes; disclosing, sharing or publishing material that
may be offensive, defamatory, regulated, prohibited, infringing or damaging
to any person; and/or the creation, storage and sending of unsolicited
commercial communications. The Company may also request you to remove or
change content they feel is inappropriate for the website. Non-compliance
gives the Company the right to revoke given license and/or to make proposed
changes on their own behalf to the content. The user shall ensure that all
content that is posted on this website or any link to this website is legal
and that any necessary permission from third parties with any rights to such
information has been obtained. The Users hereby unconditionally and
irrevocably indemnifies the Company and its employees, associates, business
partners, affiliates and or subsidiary companies from any claims for damages
(and including any legal costs associated therewith) that any third party
may suffer as a result of unlawful or protected information/content being
published on this website or any link to this website.
Termination of Agreements
We have the right to terminate or change any Service and/or any Feature
and/or Function available on BLITZ ALERT, or part there of, for any reason,
including the ending of services that are already underway. No refunds
shall be offered, where a Service is deemed to have begun and is, for all
intents and purposes, underway. Any monies that have been paid to us which
constitute payment in respect of the provision of unused Services may be
refunded.
Availability
Unless otherwise stated, the services featured on this website are only
available globally. You are solely responsible for evaluating the fitness
for a particular purpose of any content available through BLITZ ALERT. The
Company does not warrant that the service from this site will be
uninterrupted, timely or error free, although it is provided to the best of
the Company's ability. By using this service you hereby irrevocably and
unconditionally indemnify this Company, its employees, agents and affiliates
against any loss or damage (now or in the future), in whatever manner,
howsoever caused.
Log Files
We use IP addresses to analyse trends, administer the site, track user's
movement, and gather broad demographic information for aggregate use. IP
addresses are not linked to personally identifiable information.
Additionally, for systems administration, detecting usage patterns and
troubleshooting purposes, our web servers automatically log standard access
information including browser type, access times/open mail, URL requested,
and referral URL. This information is not shared with third parties and is
used only within this Company on a need-to-know basis. Any individually
identifiable information related to this data will never be used in any way
different to that stated above without your permission.
Cookies
Like most interactive web sites this Company's website uses cookies to
enable us to retrieve user details for each visit. Cookies are used in some
areas of our site to enable the functionality of this area and ease of use
for those people visiting. Some of our affiliate partners may also use
cookies.
Content published via BLITZ ALERT
We have no control over the content which gets pushed by Users on this
website and or services, and we neither endorse it or consent to it, unless
expressly stated otherwise. Although we encourage Users to ensure that
their content stays correct and up to date it is outside the control of the
Company. We do not monitor or review the content loaded into BLITZ ALERT,
and of other party's websites which are linked to from this website.
Opinions expressed or material appearing on this site or of such externally
linked websites are not necessarily shared or endorsed by us and should not
be regarded as the publisher of such opinions or material. Please be aware
that we are not responsible for the privacy practices, or content, of these
sites. We encourage our users to be aware when they leave our site to read
the privacy statements of these sites. You should evaluate the security and
trustworthiness of any other site connected to this site or accessed through
this site yourself, before disclosing any personal information to them.
This Company will not accept any responsibility for any loss or damage (now
or in the future) in whatever manner, howsoever caused, resulting from your
disclosure to third parties of personal information.
Copyright Notice
Copyright and other relevant intellectual property rights exists on all text
relating to the Company's services and the full content of this website.
This Company's logo is a well known and/or protected and/or registered
trademark of this Company in the Republic of South Africa and other
countries. The brand names and specific services of this Company featured
on this web site are trade marked. Any intellectual property of whatsoever
nature appearing on this website or on any link thereto is protected and may
not be copied, transferred, reproduced or used in any manner without the
prior written consent of the Company. Any comments, suggestions or feedback
from yourself will immediately become the intellectual property of the
Company, and by accessing this website you hereby agree and consent to any
such rights being ceded and assigned to the Company without any further
notice.
Communication
We have several different e-mail addresses for different queries. These, and
other contact information, can be found on our contact us link on our
website or via Company literature or via the Company's stated telephone,
facsimile or mobile telephone numbers. This company is registered in the
Republic of South Africa, with postal address PO Box 12878, Die Boord 7613,
Western Cape, South Africa. Our physical address for service of all legal
documents is: c/o RVK Attorneys, 1st Floor, 47 on Strand, Strand Street,
Cape Town.
Force Majeure
Neither party shall be liable to the other for any failure to perform any
obligation under any Agreement which is due to an event beyond the control
of such party including but not limited to any Act of God, terrorism, war,
Political insurgence, insurrection, riot, civil unrest, act of civil or
military authority, uprising, earthquake, flood or any other natural or man
made eventuality outside of our control, which causes the termination of an
agreement or contract entered into, nor which could have been reasonably
foreseen. Any Party affected by such event shall forthwith inform the other
Party of the same and shall use all reasonable endeavours to comply with the
terms and conditions of any Agreement contained herein.
Waiver
Failure of the Company to insist upon strict performance
of any provision of this or any Agreement or the failure of the Company to
exercise any right or remedy to which it is entitled hereunder shall not
constitute a waiver thereof and shall not cause a diminution of the
obligations under this or any Agreement. No waiver of any of the provisions
of this or any Agreement shall be effective against the Company unless it is
expressly stated to be such and signed by the Company.
General
By accessing this website and using our services and
products you consent to these terms and conditions and to the exclusive
jurisdiction of the South African courts in all disputes arising out of such
access. The Company also reserves the right to institute action in the
Magistrate's Court. If any of these terms and conditions (including this
clause) are deemed invalid or unenforceable for any reason (including, but
not limited to the exclusions and limitations set out above), then the
invalid or unenforceable provision will be severed from these terms and the
remaining terms will continue to apply. Failure of the Company to enforce
any of the provisions set out in these Terms and Conditions and any
Agreement, or failure to exercise any option to terminate, shall not be
construed as waiver of such provisions and shall not affect the validity of
these Terms and Conditions or of any Agreement or any part thereof, or the
right thereafter to enforce each and every provision.
Notification of Changes
The Company reserves the right to change these conditions from time to time
as it sees fit and your continued use of the site will signify your
acceptance of any adjustment to these terms. The Company may, in its sole
and absolute discretion, change these terms and conditions or any part
thereof at any time, for any reason, without any notice. You are therefore
advised to re-read this statement on a regular basis. These terms and
conditions form part of the Agreement between the Client and ourselves.
Your accessing of this website and/or undertaking of a booking or Agreement
indicates your understanding, agreement to and acceptance, of the Disclaimer
Notice and the full Terms and Conditions contained herein.
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