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Disclaimer

 

 

Chili Zone Disclaimer

 

DISCLAIMER

This website is designed and hosted by Chili Zone, and by using it you agree to the following Disclaimer.

Use of this Website and the related products and/or services shall be governed by, and construed in all respects in accordance with the laws of South Africa, and subject to the exclusive jurisdiction of the South African courts.

Use of this Website or the information, products and services available on this Website is at the user's own risk.
Notwithstanding the provisions of sections 43(5) and 43(6) of the Electronic Communications and Transactions Act, Chili Zone accepts no liability whatsoever relating to any loss, expense, claim or damage, whether direct, indirect or consequential, arising from the information on this Website, your use of this Website or any actions or transactions resulting there from, even if Chili Zone has been advised of the possibility of such loss, expense, claim or damages.

Chili Zone makes no representation or warranty, whether express or implied, as to the operation, integrity, availability or functionality of this Website or as to the accuracy, completeness or reliability of any information obtained from this Website.
Chili Zone also makes no warranty or representation, whether express or implied, that the products, information or files available on this Website are free of viruses, destructive materials or any other data or code which is able to corrupt, compromise or jeopardize the operation or content of a computer system, computer network or your hardware or software. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise or jeopardize the operation or content of a computer system, computer network or your hardware or software.

Chili Zone accepts no responsibility for any errors or omissions on this Website.

Chili Zone may, in its sole discretion, at any time, suspend or terminate the operation of this Website or any of the products or services provided in terms of this Website, without prior notice.
Notwithstanding the fact that this Website may refer to and/or provide links to other websites, your use of such other websites is entirely at your own risk and Chili Zone is not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such other Websites. Chili Zone also does not endorse, warrant or make any representations about the content, products, services, security or reliability of such other websites.

PRIVACY POLICY

 

We at Chili Zone and our customers owning websites respects the privacy of all our customers and visitors, and we do not share or sell any customer information to any third party for marketing or spamming use. All information is used to only communicate with customers themselves.

 

DISCLAIMER FOR LIABILITY

a. Although Chili Zone shall use reasonable endeavours to provide disaster recovery, Chili Zone does not specify any recovery time, nor shall Chili Zone be liable for any loss or damage of whatever nature incurred or suffered by the Client from any cause whatsoever as a result of Chili Zone's failure to provide, or delay in providing, or providing only partial, disaster recovery. The Client is accordingly advised to make back-ups of its data. Nothing contained in this paragraph should be construed as a representation that any back-ups of data implemented by Client will be successful or in any way will avoid disaster.

b. The Client shall have no claim against Chili Zone and the Client hereby indemnifies and holds Chili Zone free from liability in respect of any loss or damage:

c. Chili Zone assumes no responsibility for the failure of any mail delivery or the loss of any mail.

d. caused by or arising from any fact or circumstances beyond the reasonable control of Chili Zone; or

e. if such loss or damage is consequential or incidental loss or damage; or

f. any downtime, outage, interruption in or unavailability of the servers or the Chili Zone network as a result of or attributable to any of the following causes:

g. software service, repairs, maintenance, upgrades, modification, alterations or replacement;

h. system downtime for any reason (including, but not limited to, service, repairs, routine maintenance, agreed maintenance, environmental maintenance, upgrades, modifications, alterations, replacement or a relocation of premises);

i. the damage, contamination or corruption of any kind of the server or any of the Client's data, material, information and/or content howsoever occasioned;

j. any inaccuracies in the impression statistics given to the Client or in the page counter on the Client's web site;

k. any breakdown of whatever nature and howsoever arising in any of the services provided by Telkom (including, but not limited to, line failure) or in any international services or remote mail servers;

l. the non-performance or unavailability, of whatever nature and howsoever arising, of external communications networks to which the servers or the Chili Zone network is connected;

m. The subscriber acknowledges that he/she is prohibited from utilising Chili Zone services to compromise the security or tamper with system resources or account(s) on computer(s) at Chili Zone, or at any other site.

n. The subscriber agrees to conform to generally acceptable Internet etiquette ("netiquette") and to abide by Chili Zone's operating policies, which may be amended from time to time at Chili Zone's sole discretion, (and the subscriber hereby indemnifies and holds Chili Zone free from liability in respect of any loss or damage of whatever nature caused as a result of any violations of such policy) which policies include but are not limited to the guidelines set out below:

o. not to engage in any abuse of E-mail or spamming, and which shall include, but is not limited to, the posting or cross-posting of unsolicited articles with the same message (or substantially the same message) to an unacceptably high number of e-mail and newsgroup recipients that did not request to receive such messages;

p. not to post or transmit any message, data, image or programme which is defamatory, or violates any other personality rights; which is illegal, offensive, threatening, abusive, harassing, harmful or hateful or which violates the intellectual property rights of others;

q. not to interfere with use of the Internet by any other Chili Zone subscribers or other users;

r. not to post or transmit any file which contains viruses or any other destructive features, regardless of whether or not damage is intended by the subscriber;

PAYMENT

a. Without prejudice to rights granted to Chili Zone in terms hereof, any amount due by the Client to Chili Zone not paid on due date thereof:

(i). Chili Zone shall send out electronic invoices and statements to all Clients’ on the 25th - 27th of each month for the following month. Clients’ to arrange for on-line Internet payment into the Chili Zone bank account by the 7th of the month. All fees payable in advance.

(ii). shall bear interest at a rate equal to the maximum allowable in terms of the Usury Act, 1968, calculated daily in advance from date payment was due until date of actual payment thereof; and

b. Should the Client fail to pay any amount owing to Chili Zone on due date, Chili Zone shall be entitled, in its discretion and without prejudice to any other rights which it may have, to cancel this agreement without notice to the Client within 60 days from last payable invoice date, or to suspend performance of its obligations pending full payment by the Client. This includes suspension/cancellation of the website and e-mails accounts associated with the relevant domain(s).

c. Should the customer wish to terminate the website, or move the domain to a different provided, a written notice of 30 days is required for any cancellation. Only then will any update ticket be accepted or FTP information provided.

WEB SITE HOSTING TERMS AND CONDITIONS

Chili Zone shall, in accordance with the agreement between Chili Zone and the Client:

a. host the Client's Web site on one of the Chili Zone servers;

b. permit users of the Internet access to the Web site, limited to a maximum monthly data traffic allowance of bandwidth measured in megabytes of a CAP of 3000 Megabytes and subject to additional charges of R0,09 per megabyte (R90/1000megabytes or 1Gigabyt) in excess of this 3GB CAP;

c. allocate the Client disk space on Chili Zone servers as agreed upon during the initial order of the website;

d. take such steps as Chili Zone regards as reasonable to secure the Client's Web site from unauthorised access;

e. provide the Client with statistics, at an additional charge, available via Webalizer stats for information purposes only.

f. shall not be liable for any illegal software or licenses.

All rights reserved.

Last update: 27 July 2015

 

Disclaimer  :   Design