Website disclaimer

Introduction

The Petrotank South Africa Web Site (the “Site”) is an online information service provided by Petrotank South Africa (“Petrotank South Africa”), subject to your compliance with the terms and conditions set forth below.

Please read this document carefully before accessing or using the site.

By accessing or using the site, you agree to be bound by our Terms and Conditions as stated in Terms and Conditions.

If you wish not to be bound by these terms and conditions, you may not access or use the site.

Petrotank South Africa may modify this agreement at any time, and such modifications shall be effective immediately upon posting the modified agreement of the site. You agree to review all Privacy Policies, Terms and Conditions, and Disclaimer periodically to be aware of such modifications, and your continued access or use of the site shall be deemed your conclusive acceptance of the modified agreement.

1.1 This disclaimer applies to your use of the site.

1.2 By using our website you accept this disclaimer in full; accordingly, if you disagree with this disclaimer or any part of this disclaimer, you may not use our website.

1.3 Our website uses cookies; By using our website or agreeing to this disclaimer, you consent to our use of cookies in accordance with the terms of our [Privacy Policy].

Copyright notice

2.2 Subject to the express provisions of this disclaimer:

(a) we, together with our licensors, own and control all copyright and other intellectual property rights in our website and the materials on our website; and

(b) all copyright and other intellectual property rights in our website and the materials on our website are reserved.

License to use website

3.1 You can:

(a) view pages of our website in a web browser;

(b) download pages from our website for caching in a web browser; and

(c) print pages from our website, subject to the other provisions of this disclaimer.

3.2 Except as expressly permitted under Section 4.1 or the other provisions of this disclaimer, you may not download any material from our website or store such material on your computer.

3.3 You may only use our website for [your personal and business purposes], and you may not use our website for any other purpose.

3.4 Unless you own or control the relevant rights in the material, you must not:

(a) republish material from our website (including republication on another website);

(b) sell, rent or sublicense material from our website;

(c) display publicly available material from our website;

(d) exploit material from our website for any commercial purpose; or

(e) redistribute material from our website.

3.5 We reserve the right to restrict access to parts of our website, or indeed our entire website, in our sole discretion; you must not circumvent or circumvent or attempt to circumvent or circumvent any access restrictions on our website.

Acceptable use

4.1 You must not:

(a) use our website in any way or take any action that causes or may cause damage to the website or impair the performance, availability or accessibility of the website;

(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c) use our website to copy, store, host, transmit, transmit, use, publish or distribute any material consisting of (or associated with) spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(d) [engage in any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data collection) on or in connection with our website without our express written consent];

(e) [access or otherwise interact with our website using a robot, spider or other automated means [except for the purpose of [search engine indexing]]];

(f) [violate the guidelines set forth in the robots.txt file for our website]; or

(g) [use the information collected on our website for direct marketing activities (including but not limited to email marketing, SMS marketing, telemarketing and direct mailing)].

[additional list items]

4.2 You may not use the information collected on our website to contact any person, company or other person or entity.

4.3 You must ensure that any information you provide to us through our website or in relation to our website is [true, accurate, current, complete and not misleading].

Limited Warranties

5.1 We cannot guarantee or represent:

(a) the completeness or accuracy of the information published on our website;

(b) that the material on the website is current; or

(c) that the website or any service on the website will continue to be available.

5.2 We reserve the right to discontinue or change any or all of our internet services and to stop publishing our website at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in this disclaimer, you will not be entitled to any compensation or other payment upon discontinuation or modification of website services, or if we stop publishing the website.

5.3 To the maximum extent permitted by applicable law and subject to Section 7.1, we exclude all representations and warranties with respect to the subject matter of this disclaimer, our website and the use of our website.

Limitations and exclusions of liability

6.1 Nothing in this disclaimer shall:

(a) limit or exclude liability for death or personal injury resulting from negligence;

(b) limit or exclude any liability for fraud or fraudulent misrepresentation;

(c) limit liability in any manner not permitted by applicable law; or

(d) exclude all liabilities which may not be excluded under applicable law.

6.2 The limitations and exclusions of liability set forth in this Section 7 and elsewhere in this disclaimer:

(a) are subject to paragraph 7.1; and

(b) govern all liabilities arising under this disclaimer or relating to the subject matter of this disclaimer, including liabilities arising in contract, tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this disclaimer.

6.3 To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any kind.

6.4 We will not be liable to you in respect of losses arising from events or events beyond our reasonable control.

6.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business contracts, commercial opportunities or goodwill.

6.6 We will not be liable to you for any loss or damage to any data, database or software.

6.7 We will not be liable to you for any special, indirect or consequential loss or damage.

6.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, in light of this interest, you acknowledge that we are a limited liability entity; you agree that you will not make any claim personally against our officers or employees in respect of any losses you incur in connection with the website or this disclaimer (this will of course not limit or exclude the liability of the limited liability institution itself for the acts and omissions of our officers and employees).

Variation

7.1 We may revise this disclaimer from time to time.

7.2 The revised disclaimer applies to use of our website from the time the revised disclaimer is posted on the website.

Separability

8.1 If any provision of this disclaimer is determined by a court or other competent authority to be unlawful and/or unenforceable, the other provisions shall remain in effect.

8.2 If any illegal and/or unenforceable provision of this disclaimer would be lawful or enforceable if any part of it were deleted, that part will be deemed deleted and the remainder of the provision will remain in effect.

1. Miscellaneous.

This Agreement shall all be governed and construed in accordance with the laws of South Africa applicable to agreements made and to be performed in South Africa. You agree that any legal action or proceeding between Petrotank South Africa and you for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in South Africa . Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Petrotank South Africa’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. Petrotank South Africa may assign its rights and duties under this Agreement to any party at any time without notice to you.

Any rights not expressly granted herein are reserved.