CREATED 29 MAY 2020, REV.00
2. DISCLAIMER AND INDEMNITY
2.1 While KMARG SHIPPING has taken care to ensure that the content on this website and in any email is accurate, this website and the services accessible on or via this website are provided “as is” and your use of and reliance on the information on this website and the online or email services are entirely at your own risk.
2.2 KMARG SHIPPING does not represent or warrant that the website, any emails, tools, software, advice, opinion, statement, information, content or online services will be error-free or will meet any particular criteria of accuracy, completeness, reliability, performance or quality. You acknowledge that any reliance upon any such emails, tools, software, advice, opinion, statement or information shall be at your sole risk. KMARG SHIPPING reserves the right, in its sole discretion, to correct any errors or omissions in any portion of this website.
2.3 Information, ideas and opinions expressed on email or this website should not be regarded as professional advice or our official opinion. You are strongly advised to seek professional advice before taking any course of action related to them. More specifically, certain information such as share price data, interest rates and exchange rates constitute guidelines only and the provision of this data may be delayed by a period of time. Accordingly, you are strongly advised to consult us or your professional adviser before trading or acting on such information.
2.4 To the fullest extent permissible by law, KMARG SHIPPING expressly disclaims all (express and implied) warranties, including, without limitation, warranties of merchant ability, title, and fitness for a particular purpose, non-infringement, compatibility, security and accuracy in respect of emails, this website and the services accessible on this website. While KMARG SHIPPING takes all reasonable precautions to prevent this, KMARG SHIPPING does not warrant that the emails, website or any software available for download via the website is free of viruses or destructive code.
2.5 KMARG SHIPPING and our officers, directors, employees, servants, affiliates, shareholders, agents, consultants or employees shall not be liable for and you hereby indemnify them against any direct, indirect, special, incidental, consequential or punitive damages or loss of any kind whatsoever or howsoever caused (whether arising under contract, delict or otherwise and whether the loss was actually foreseen or reasonably foreseeable) arising out of your receipt of emails or use of this website or the online services or the information contained in the emails or on this website or your inability to use this website or the online services.
2.6 KMARG SHIPPING shall not be held responsible for any injury, loss, expense or damage of any kind whatsoever suffered or incurred by any person who receives an email, accesses or uses this website, utilizes any service offered on this website or relies on any information contained in an email or on this website for any reason whatsoever, including but not limited to any injury, loss or damage suffered as a result of this access, use of service or reliance on information. Without derogating from the generality of the above, KMARG SHIPPING will not be liable for:
2.6.1 any interruption, malfunction, downtime or other failure of the website or online services, KMARG SHIPPING’s system, databases or any of its components, for reasons beyond KMARG SHIPPING’s control;
2.6.2 any loss or damage with regard to customer data or other data directly or indirectly caused by malfunction of KMARG SHIPPING’s system, third party systems, power failures, unlawful access to or theft of data, computer viruses or destructive code on KMARG SHIPPING’s system or third-party systems or programming defects;
2.6.3 any interruption, malfunction, downtime or other failure of goods or services provided by third parties, including, without limitation, third party systems such electricity suppliers, local authorities and certification authorities;
2.6.4 any event over which KMARG SHIPPING has no direct control; or
2.6.5 errors or discrepancies in the information provided, any unauthorized access of this website by third parties, any breakdown or failure of any equipment or medium of access to this website, any failure or unavailability of any of KMARG SHIPPING’s or any third parties’ facilities or systems resulting in the inability to access this website or process any transaction referred to or offered on this website, any alteration, modification, upgrade or update of this website or any technology, hardware or software modification that may form part of this website.
2.7 Unless expressly stated to the contrary KMARG SHIPPING owns the intellectual property rights in and to this website and the unauthorized use hereof is expressly prohibited
3. MODIFICATION AND TERMINATION
3.1 KMARG SHIPPING reserves the right to alter, restrict and/or terminate the services to you in particular, or to the public in general, without notice or reason, or to revise these terms and conditions, and/or the prices, if applicable, at which the services are offered, at any time.
3.2 Such changes will be posted on this website and be deemed to have been accepted by you if you continue using the services. The obligation therefore is on you to review these terms and conditions at regular intervals.
4. USE OF SERVICES
4.1 You may only use the website for lawful purposes and you warrant that you shall not use this website to obtain or distribute:
4.1.1 copyrighted material or material protected by laws relating to intellectual property rights without the permission of KMARG SHIPPING;
4.1.2 material containing viruses or any other destructive materials or data or code which is able to corrupt, interfere with, jeopardize, disrupt, disable, harm or otherwise impede in any manner the operation of a computer system or hardware or software;
4.1.3 material which is defamatory, unlawful or contains hate speech; or
4.1.4 bulk e-mail, whether solicited or unsolicited;
4.1.5 other than for your personal and non-commercial use, store on your computer, or print copies of extracts from this website, and you may not, other than for your personal and non-commercial use, “mirror” or cache information provided via this website on your own server, or copy, adapt, modify or re-use the text or graphics from this website without prior written permission from KMARG SHIPPING.
4.2 You must not interfere with or jeopardize the functionality or the operation of any part of this website or attempt to interfere with or jeopardize, disrupt, disable, harm or otherwise impede in any manner the functionality or operation of any part of this website or of the website material.
4.3 You are strictly prohibited from using this website for “spoofing”, “hacking”, “flaming”, “cracking”, “phishing” or “spamming”.
4.4 You may not intercept any information transmitted to or from KMARG SHIPPING or this website which is not intended by KMARG SHIPPING to be received by you.
4.5 You must respect other users of this website at all times.
sequestrated, be applicable also to and binding upon that party’s liquidator or trustee,
as the case may be.
5.3 KMARG SHIPPING willingly subscribes to the principles, outlined in the Electronic Communications and Transactions Act 25 of 2002 and the Protection of Personal Information Act 4 of 2013, which govern your right to having your personal information kept private. These principles are briefly outlined below. KMARG SHIPPING:
5.3.1 will only collect, disclose, collate, process and store your personal information with your express written permission unless legally required to do so, and will only use such personal information for the lawful purpose for which it is required;
5.3.2 will disclose in writing, the specific purpose for which KMARG SHIPPING uses, request and stores your personal information. KMARG SHIPPING will also keep a record of that personal information and the specific purpose for which KMARG SHIPPING collects it;
5.3.3 will not use your personal information for any other purpose, other than that which KMARG SHIPPING disclosed to you, unless you give KMARG SHIPPING your express written permission to do so, or unless KMARG SHIPPING is permitted to use this information by law, statute, common or otherwise.
5.4 In these certain circumstances KMARG SHIPPING may be required to disclose your personal information without your consent. The circumstances may occur when:
5.4.1 KMARG SHIPPING is required to do so by law or a competent judicial authority;
5.4.2 disclosure is in the interest of the public;
5.4.3 disclosure is in KMARG SHIPPING’s interest;
5.4.4 your consent is implied;
5.4.5 it is necessary to establish or preserve a legal claim or defense;
5.4.6 is necessary to prevent fraud or other illegal activities, such as willful attacks on KMARG SHIPPING.
5.5 Information may be collected whenever you use KMARG SHIPPING’s website, complete an application form, contact KMARG SHIPPING electronically, or use one of the services or facilities offered by KMARG SHIPPING.
5.6 You may be able to navigate certain portions of KMARG SHIPPING’s website without being requested
to provide any personal information. In certain instances, KMARG SHIPPING will be required to collect personal information from you, in particular when KMARG SHIPPING is required to provide you with feedback, a service or respond to any queries that you have or even in order to conclude a transaction. KMARG SHIPPING will only be able to obtain any of your personal information if you have provided the requested information to KMARG SHIPPING by completing the relevant portion on KMARG SHIPPING’s website. KMARG SHIPPING will collect, store, process, transmit or otherwise handle personal information only with your knowledge and consent.
5.7 Unless KMARG SHIPPING specifically advises you otherwise, KMARG SHIPPING will only use your personal information in order to identify you, provide you with marketing material, process your order or instruction, provide you with requested services, address communications to you, conduct surveys, respond to queries raised by you and for quality control purposes in order to improve the service that KMARG SHIPPING deliver.
5.8 Should you elect not to have your personal information used for any reason whatsoever and you expressly advise KMARG SHIPPING of these decisions (e.g. direct marketing or market research), then KMARG SHIPPING will respect your decision accordingly. KMARG SHIPPING will not sell, rent, market or distribute your personal information to third parties without your express consent.
5.9 After you have provided KMARG SHIPPING with any of your personal information and given KMARG SHIPPING your consent to use it and you later decide that you no longer wish that KMARG SHIPPING use or share your personal information, you may at any stage withdraw your consent by providing KMARG SHIPPING with proper notice regarding the withdrawal.
5.10 KMARG SHIPPING respects and values the information that you provide KMARG SHIPPING with and will therefore take reasonable steps to protect your personal information from loss, misuse or unauthorized alteration. The personal information you provide to KMARG SHIPPING is stored in databases that have built-in safeguards to ensure the privacy and confidentiality of that information. KMARG SHIPPING has policies, processes and security safeguards in place and will use its best endeavors to protect the confidentiality, integrity and availability of your personal information.
5.11 KMARG SHIPPING updates and refines these measures on a regular basis. KMARG SHIPPING will not be responsible for the privacy policies and practices of third-party web sites that you may access using links from KMARG SHIPPING’s website. It is in your best interest to check the policy of each site you visit and that you contact that specific party should you have any concerns or questions. You should further note that internet communications are essentially insecure unless they have been encrypted. In certain instances, your communications may be routed through any number of countries before reaching KMARG SHIPPING’s website. In this regard, KMARG SHIPPING therefore assumes no responsibility or liability of any nature whatsoever for the interception or loss of personal information beyond KMARG SHIPPING’s control.
5.12 If you ever want to access, update or correct any of your personal information held by KMARG SHIPPING, kindly contact KMARG SHIPPING.
5.16 KMARG SHIPPING takes reasonable precautions to protect Personal Information from loss, misuse, unauthorized access, disclosure, alteration, and destruction. These precautions include password protections for online information systems and restricted access to Personal Information processed by KMARG SHIPPING.
6. ELECTRONIC COMMUNICATIONS
6.1 All electronic communications, including any attachments thereto that are transmitted to you by us, shall be on the following terms and conditions.
6.2 Nothing in any electronic mail or communication is intended to create a new contract or amend KMARG SHIPPING’s Standard Trading Terms and Conditions, and no such contract or amendment will be binding unless reduced to writing and signed by a duly authorized director of KMARG SHIPPING or signed by advanced electronic signature of a KMARG SHIPPING director.
6.3 Where KMARG SHIPPING is acting as the offeror, the agreement shall be deemed to have been concluded at the time when and place where the acceptance of the offer was actually received by the Director so acting on behalf of KMARG SHIPPING, and upon such Director expressly and manually acknowledging receipt of such acceptance.
6.4 An electronic communication shall be considered to have been sent by a Director as aforesaid only if the Director sent it personally or it was sent by a person who had the required authority to act on behalf of the said Director.
6.5 Any opinion or advice contained in electronic communications shall be subject to the terms and conditions contained in any governing agreement.
6.6 KMARG SHIPPING is not responsible for the proper and/or complete transmission of the information
contained in the electronic communication or of the electronic communication itself nor in any delay in its receipt.
6.7 The information contained in any email and its attachments are intended solely for the
use of the individual or entity to which they are addressed. It may contain privileged or confidential information. If you are not the intended recipient you must not copy, distribute or take any action in reliance on it. If you have received an email in error please notify the sender and destroy the original message.
6.8 While every effort is taken to ensure that emails and their attachments are free from viruses, the sender and KMARG SHIPPING cannot be held liable in the unlikely event that a virus is transmitted to your computer systems. You are responsible for maintaining suitable antivirus mechanisms to protect its computer systems.
6.9 If an email is used for purposes unrelated to the official business of KMARG SHIPPING, KMARG SHIPPING shall not be liable for any damage, liability, infringement or loss caused by the contents of this message and the sender shall take full responsibility therefore in his/her sole and personal capacity.
7. VARIATION OF CERTAIN DEEMING PROVISIONS IN ECTA
7.1.1 the agreement will be treated as if it was concluded at KMARG SHIPPING’s physical address on the date on which you first made any use of this website;
7.3 Any data message sent by you to KMARG SHIPPING will be deemed to have been sent from KMARG SHIPPING’s physical address if neither your usual place of business nor residence is located within the Republic of South Africa.
7.4 A data message sent by you to KMARG SHIPPING will only be treated as having been received by KMARG SHIPPING when an acknowledgement of receipt is sent by an individual who had authority to act on behalf of KMARG SHIPPING in respect of that data message.
8. MONITORING OF COMMUNICATIONS
8.1 You expressly give your consent for KMARG SHIPPING to monitor your internet traffic on our various
website servers and domains. You acknowledge that KMARG SHIPPING monitors internet traffic on these various website servers and domains primarily:
8.1.2 to maintain the integrity and security of our websites and our information technology systems;
8.1.3 to investigate and detect any unauthorized use of our websites and our information technology systems; and
8.1.4 as an inherent part of and to secure the effective operation of our websites and our information technology systems.
9. INTELLECTUAL PROPERTY RIGHTS
9.1 You acknowledge that KMARG SHIPPING owns the intellectual property rights in and to any information made available via email, this website, and all services contained herein, and that the unauthorized use thereof is expressly prohibited. Any trademark, however represented, including stylized representation, all associated logos and symbols and combinations of any of the aforegoing with another word or mark, used on an email, attachment or on this site, are the trademarks of KMARG SHIPPING, or one of its affiliated companies.
11.1 In the event that any claim, matter or dispute arises between you and KMARG SHIPPING arising out of or in connection with this website, then such claim, matter or dispute must be referred to the Legal Department of KMARG SHIPPING. Should the Legal Department fail to resolve same within 20 business days of the referral then the claim, matter or dispute may be finally resolved in accordance with the provisions of clause 11.2 below.
11.4 Notwithstanding the above provisions, either party shall be entitled to institute action in any court of law of competent jurisdiction to obtain urgent interim relief or (in the case of KMARG SHIPPING) to collect any outstanding debts due and payable by you to KMARG SHIPPING.
12. LEGAL SERVICE OF DOCUMENTS
12.1.1. Postal Address: Unit 1 Vuma Villas, 21 Fourth Avenue, Boksburg North 1459, South Africa;
12.1.2. Physical Address: Unit 1 Vuma Villas, 21 Fourth Avenue, Boksburg North 1459, South Africa;
12.1.3 Fax no: +27 86 685 4571.
12.2 All notices to KMARG SHIPPING must be marked for the attention of KMARG SHIPPING Legal Department. All notices of a legal nature or relating to legal proceedings must be delivered by registered post to KMARG SHIPPING’s above postal address and also either delivered by hand to KMARG SHIPPING’s above physical address or sent to KMARG SHIPPING’s above fax number.
12.3 Notices given to the above addresses will only be deemed to have been duly given:
12.3.1 21 days after posting, if posted by registered post to KMARG SHIPPINGs postal address;
12.3.2 five days after delivery, if delivered by hand to KMARG SHIPPING’s physical address;
12.3.3 five days after confirmed successful transmission, if sent to KMARG SHIPPING’s fax number.
agreement between you and KMARG SHIPPING relating to your access to and use of KMARG SHIPPING’s email services or this website.
13.3 These terms and conditions will be governed by and construed in accordance with the laws of South Africa, and you shall submit to the jurisdiction of the South African Courts.
13.4 These terms and conditions are severable, in that if any provision is determined to be illegal or unenforceable by any court of competent jurisdiction, then such provision shall be deemed to have been deleted without affecting the remaining provisions of the terms and conditions.
13.5 KMARG SHIPPING’s failure to exercise any particular rights or provision of these terms and conditions shall not constitute a waiver of such right or provision, unless acknowledged and agreed to by KMARG SHIPPING in writing.