Agreement between User and Hi-Q
The Hi-Q Website is comprised of various Web pages operated by Hi-Q.
The Hi-Q Website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Hi-Q Website constitutes your agreement to all such terms, conditions and notices.
Hi-Q reserves the right to change the terms, conditions, and notices under which the Hi-Q Website is offered, including but not limited to the charges associated with the use of the Hi-Q Website.
Links to third party sites
The Hi-Q Website may contain links to other Websites (“Linked Sites”). The Linked Sites are not under the control of Hi-Q and Hi-Q is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Hi-Q is not responsible for webcasting or any other form of transmission received from any Linked Site. Hi-Q is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Hi-Q of the site or any association with its operators.
No unlawful or prohibited use
As a condition of your use of the Hi-Q Website, you warrant to Hi-Q that you will not use the Hi-Q Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Hi-Q Website in any manner which could damage, disable, overburden, or impair the Hi-Q Website or interfere with any other party’s use and enjoyment of the Hi-Q Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Hi-Q Websites.
Use of Communication Services
The Hi-Q Website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
Hi-Q has no obligation to monitor the Communication Services. However, Hi-Q reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Hi-Q reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Hi-Q reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Hi-Q’s sole discretion.
TRADEMARKS / INTELLECTUAL PROPERTY RIGHTS
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
Unless otherwise noted, the Sites and all materials, including trademarks, images, illustrations, designs, buttons, icons, logos, photographs, digital downloads and written and other materials that appear as part of the Sites (collectively, the “Content”) are intellectual property owned, controlled or licensed by Hi-Q. You are prohibited from reproducing, reverse engineering, transmitting, disassembling, modifying or creating derivative works with respect to the Sites or any Content. Nothing on the Sites is to be construed as granting, by implication, estoppel or otherwise, any license or right to the use of intellectual property displayed on the Sites without the prior written permission of Hi-Q.
Any rights not expressly granted herein are reserved by Hi-Q and/or its third party providers.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to South African Intellectual Property Laws Amendment Act 28 of 2013 and/or United States Code, Section 512(c)(2), notifications of claimed copyright infringements should be forwarded to ________________________
ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.
See Notice and Procedure for Making Claims of Copyright infringement.
TERMINATION / ACCESS RESTRICTION
Hi-Q reserves the right, in its sole discretion, to terminate your access to the Hi-Q Website and the related services or any portion thereof at any time, without notice. GENERAL: To the maximum extent permitted by law, this agreement is governed by the laws of the Republic of South Africa and you hereby consent to the exclusive jurisdiction and venue of courts in the Republic of South Africa in all disputes arising out of or relating to the use of the Hi-Q Website. Use of the Hi-Q Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Hi-Q as a result of this agreement or use of the Hi-Q Website. Hi-Q’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Hi-Q’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Hi-Q Website or information provided to or gathered by Hi-Q with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Hi-Q with respect to the Hi-Q Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Hi-Q with respect to the Hi-Q Website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Hi-Q does not control or endorse the content, messages or information found in any Communication Service and, therefore, Hi-Q specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Hi-Q spokespersons, and their views do not necessarily reflect these of Hi-Q.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and / or dissemination. You are responsible for adhering to such limitations if you download the materials.
Hi- Q and its affiliates (collectively, “Hi-Q “) respect individual privacy and value the confidence of our associates, customers, vendors and others with whom we do business. Hi-Q strives to process Personally Identifiable Information (“PII”) in a manner consistent with the laws of the countries in which we do business, and we pride ourselves on upholding the highest ethical standards in our business practices.
You confirm that you have read this Hi-Q Privacy Statement, and agree that the terms of the Privacy Statement are reasonable. You consent to the use of your personal information in accordance with the terms of and for the purposes set forth in this clause.
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
MATERIALS PROVIDED TO Hi-Q OR POSTED ON ANY Hi-Q WEBSITE
Hi-Q does not claim ownership of the materials you provide to Hi-Q (including feedback and suggestions) or post, upload, input or submit to any Hi-Q Website or its associated services (collectively “Submissions”). However, by posting, uploading inputting providing or submitting your Submission you are granting Hi-Q its affiliated companies and necessary sub licensees permission to use your Submission in connection with the operation of their internet businesses including, without limitation, the rights to: copy distribute, transmit, publicly display, publicity perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein, Hi-Q is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Hi-Q’s sole discretion.
By posting, uploading, inputting providing or submitting your Submission you warrant and represent that you own or otherwise control all the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post upload, input or submit the Submissions.
OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
We have the right to revise and amend these terms and conditions from time to time.
You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
If we fail, at any time during the term of the Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
A waiver by us of any default shall not constitute a waiver of any subsequent default.
No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you.
The information, software, products and services included in or available through the Hi-Q Website may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Hi-Q and / or its suppliers may make improvements and/or changes in the Hi-Q Website at any time. Advice received via the Hi-Q Website should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.
Hi-Q and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the Hi-Q Website for any purpose to the maximum extent permitted by applicable law. All such information, software, products, services and relate graphics are provided “as is” without warranty or condition of any kind. Hi-Q and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.