DISCLAIMER

In the following Disclaimers and Terms and Conditions, “User” shall mean any person or other third party including but not limited to all clients, suppliers, employees, agents, contractors and consultants of Carmaky Engineering who access or use the Carmaky Website. Hereinafter Carmaky Engineering will be referred to as “Carmaky”.

WEBSITE DISCLAIMER:

Carmaky disclaims all liability for any loss, damage, injury or expense however caused, arising from the use of or reliance upon, in any manner, the information provided throughout this website and does not warrant the truth, accuracy or completeness of the information provided. The onus rest with the user to verify the accuracy of any information obtained via this website.

E-MAIL DISCLAIMER:

E-Mails from Carmaky may contain information which is confidential or private in nature, some or all of which may be subject to legal privilege. If the User is not the intended recipient, the User may not read, use, distribute, copy or act in reliance of this message or any file which may be attached. If the User received this message in error, he/she must notify the sender immediately by e-mail, facsimile or telephone and thereafter return and/or delete it from their system. Carmaky accepts no liability (to the fullest extent permitted by law) for opinions, conclusions and other information contained in the e-mail which does not relate to official business. No contracts or official orders shall be concluded by means of any e-mail received. E-mails from Carmaky were scanned for viruses before being sent. However, the recipient should also scan the e-mail and any attached files for viruses and the like. Neither Carmaky nor the sender accepts any responsibility or liability for viruses or loss, damage or expense resulting from the access of this e-mail or any files which are attached hereto. Please note that Carmaky reserves the right to monitor e-mails sent or received.

TERMS AND CONDITIONS:

In these Terms and Conditions ” Carmaky Engineering Website” shall mean the hyperlink http://www.carmaky.com and any and all electronic mail generated by and through Carmaky  and any and all employees and contractors of Carmaky.

Any User of the Carmaky website shall be bound by the following terms and conditions.  By accessing the Carmaky Website the User accepts these terms and conditions and undertakes to be bound thereby:

  1. Carmaky accepts no responsibility for any loss or damage of whatsoever nature that may be caused or brought about, directly or indirectly, by the use of the Carmaky Website or reliance on any information contained therein and Carmaky disclaims all liability for any loss, damage, injury or expense however caused, arising from the use of or reliance upon, in any manner, the information provided throughout the Carmaky Website and does not warrant the truth, accuracy, correctness or completeness of the information provided. The onus rest with the User to verify the accuracy, completeness or correctness of any information obtained.  Especially Carmaky disclaims all and any liability, injury, loss or damage suffered as a result of:
    1.1 errors or discrepancies in any information provided;
    1.2  any unauthorised access of the Carmaky Website by third parties;
    1.3 any breakdown or failure of any equipment or medium of access to the Carmaky Website;
    1.4  any failure or unavailability of any of Carmaky’s facilities or systems resulting in the inability to access the Carmaky Website;
    1.5 any alteration, modification, upgrade or update of the Carmaky Website or any technology, hardware or software modification that may form part of the Carmaky Website.

    2.  Any User who accesses or uses the Carmaky Website hereby indemnifies Carmaky against any demand, claim or action against Carmaky or any director, employee, contractor or consultant relating to or in connection with any loss, damage, injury or expense whether directly or indirectly for any reason whatsoever due to the User’s use or accessing of the Carmaky Website or use or reliance upon any information provided throughout the Carmaky Website.

    3.  Carmaky reserves the right in its absolute discretion to alter, modify, upgrade, update, suspend, change, add, remove or withdraw any material or information in or from the Carmaky Website at any time without notice and shall not be liable for any loss, damage, injury or expense whether directly or indirectly resulting there from.

    4.  Unless expressly stated to the contrary Carmaky owns the intellectual property rights in and to the Carmaky Website and all information contained thereto and access to the Carmaky Website and all information contained thereto shall not be construed as granting to the User any rights, whether expressed or implied by license or otherwise on the matters, inventions or discoveries to which the information pertains or any copyright, trademark or trade secret rights or any other form of intellectual property rights.

    5.   The User undertakes not to copy or translate for commercial use, reproduce, adapt, vary or modify any material or information in the Carmaky Website without the express written consent of Carmaky.

    6.  Carmaky does not warrant that the functions contained in the Carmaky Website will be uninterrupted or without error, that defects will be corrected, or that electronic material in the Carmaky Website are free of viruses or other harmful components. The contents of the Carmaky Website are provided without any express or implied warranty of any kind whatsoever and in particular, Carmaky does not warrant that it is appropriate or suitable for any particular purpose, that it is complete or accurate, or that it or any hardware on which it is stored is virus-free. To the extent permitted by law, all implied terms are excluded. If any statute implies terms to these terms and conditions, which cannot be lawfully excluded, Carmaky’s liability for breach of any such implied term will be limited, at the option of Carmaky, to any one or more of the following:

  • The replacement of goods or services to which the breach relates or the supply of equivalent goods or services;
  • The repair of such goods or services;
  • The payment of the cost of replacing the goods or services or of acquiring equivalent goods or services; or
  • The payment of the cost of having the goods repaired or the services performed again.

Notwithstanding any of these terms and conditions Carmaky shall, under no circumstances be liable to the User or any other third party for any consequential, special or any direct or indirect losses or damages such as, but not limited to, loss of product, loss of production, loss of feedstock, loss of revenue, loss of utilities, or loss of contract and the like. For the purposes hereof, consequential, special or direct or indirect losses or damages shall mean any special, consequential or any direct or indirect losses or damages of whatsoever nature whether within the contemplation of the parties at any time or not.

  1. The User agrees that unless otherwise specified, all information, products, and services are for the User’s personal and non-commercial use only.   The User undertakes not to:
    • reproduce, modify, or create derivative works from; publish, distribute, transmit, or display; or license or transfer any of the contents on the Carmaky Website without the prior written permission of Carmaky;
    • decompile, reverse engineer, or disassemble the Carmaky Website, a linked web site, or software;
    • post on or transmit to the Carmaky Website content of an unlawful nature, for example: (a) contents that is threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane; or (b) that could damage Carmaky ‘s image or ability to do business;
    • use the Carmaky Website in a manner that could damage, disable, overburden, or impair any server, or network connected to any Carmaky server, or interfere with any other party’s use of the Carmaky Website;
    • gain unauthorised access to information from the Carmaky Website through hacking, password mining, or any other means;
    • create a link on another website to the Carmaky Website or any of its pages without Carmaky ‘s prior written permission;
  1. The User acknowledges that the Carmaky Website may contain hyperlinks to other websites operated by third parties and the User accepts that Carmaky has no control over, and is not responsible for, any material contained on any third-party websites and that the User is required to comply with all conditions of use of such third party’s website.   The User is prohibited from placing a link to the Carmaky Website without the prior written consent of Carmaky and on terms satisfactory to Carmaky.

© 2019 Carmaky Group (Pty) Ltd.

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