Terms and Conditions for the use of The MCG Industries Website
(The “Site”)
1. Use of the Site
1.1 .This Site is operated by MCG Industries (Pty) Ltd (Registration no. 2010/018937/07), a private company duly registered and incorporated in terms of the company laws of the Republic of South Africa, with its registered address at No.2 – 33rd Street, Malvern, Johannesburg, Gauteng.
1.2. You agree to use the Site for lawful purposes only. Without derogating from the generality of the aforegoing, if you should choose to access or use this Site from locations other than the Republic of South Africa, you do so at your own initiative and you are responsible for compliance with applicable local laws.
1.3. Your use of the Site requires internet access. Such access and use of the information on the Site is done so at the User’s own discretion and risk.
2. Intellectual Property Rights
2.1. All content included on this Site, such as text, graphics, logos, buttons, icons, images, photographs, audio clips, databases and software (“the Content”), is the property of MCG Industries or its content suppliers and protected by South African and international copyright laws. Furthermore, the compilation (meaning the collection, arrangement, and assembly) of all content on this Site is the exclusive property of MCG Industries and is protected by South Africa and international copyright laws.
2.2. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, except as permitted by the fair use privilege under the South African copyright laws or without the prior written permission of MCG Industries or the copyright owner.
2.3. You are expressly prohibited to “mirror” any content, contained on the Site, on any other server unless with the prior written permission of MCG Industries.
2.4. You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of the Site so long as the link does not portray MCG Industries, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any MCG Industries logo or other proprietary graphic or trademark as part of the link without the express permission of MCG Industries, its affiliates or content suppliers.
2.5. All trademarks are the exclusive property of MCG Industries.
2.6. The unauthorised submission, removal, modification or distribution of copyrighted or other proprietary Content is illegal and could subject you to criminal prosecution as well as personal liability for damages.
3. Limited Liability
3.1. The information, content, services, products and materials published on the Site, including without limitation, text, graphics and links are provided on an “as is” basis. MCG Industries makes no representations or warranties of any kind, express or implied, as to the operation of the Site or the accuracy, correctness or completeness of the information, contents, materials, or products included on the Site. Without limiting the generality of the aforegoing:
3.1.1. MCG Industries does not warrant that the Site, will be error free, or will meet any particular criteria of accuracy, completeness or reliability of information, performance or quality; and
3.1.2. Whilst MCG Industries has taken reasonable measures to ensure the integrity of the Site and its contents, no warranty, whether express or implied, is given that any files, downloads or applications available via the Site are free of viruses, Trojans, bombs, time-locks or any other date or code which has the ability to corrupt or affect the operation of your system.
3.2. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MCG INDUSTIRES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MCG INDUSTIRES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE MCG INDUSTRIES SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
3.3. MCG Industries reserves the right, at its sole discretion to alter or remove any information or withdraw any goods or services offered for sale by means of the Site without any liability to MCG Industries if:
3.3.1. it may result in any liability for MCG Industries whatsoever or is in MCG Industries’ commercial interests;
3.3.2. MCG Industries is not satisfied that the goods and services are fit for the purposes for which they were offered for sale;
3.3.3. MCG Industries is required by law to do so; or
3.3.4. for any other reason whatsoever.
3.4. The User of the Site irrevocably and unconditionally agrees that any rights that they may have had against MCG Industries in respect of any action MCG Industries may have taken under this clause are hereby waived.
4. Jurisdiction
These terms and conditions shall be governed by and construed in accordance with the laws of the Republic of South Africa without giving effect to the principles of conflicts of laws. You hereby consent to the exclusive jurisdiction of the High Court of the Republic of South Africa (Witwatersrand Local Division) in respect of any disputes arising in connection with this Site.
5. Security
5.1. Any legal person that delivers or attempts to deliver any damaging code to this Site, to gain unauthorized access to any page on this Site, to tamper with any of the content or pages that constitute this Site or duplicate such pages or content will be prosecuted to the full extent of the law, and civil damages will be claimed should MCG Industries suffer any loss or damages as a result of such actions.
5.2. MCG Industries will take reasonable steps to ensure the security of the content of this Site from unauthorized access or disclosure. Although MCG Industries takes reasonable steps to ensure security, MCG Industries does not make any representation or warranties that the content will be 100% secure.
5.3. MCG Industries has no legal obligation to encrypt any content or communications from and to the Site. Further there is no legal obligation for MCG Industries to provide digital authentication for any web page on the Site.
5.4. Users are prohibited from creating, distributing or using any program, instrument or device to breach the security measures in place on the MCG Industries website, any breach and MCG Industries will claim damages against any and all persons concerned with the breach or security failure.
5.5. Users will be liable for all resulting liability, loss or damages incurred by MCG Industries (including its owners, directors, employees, suppliers, Internet service providers, affiliates, agents, subsidiaries, platform licensor and hosting provider, co-branders or other partners, and shareholders) in the event a User commits any offence referred to in sections 85 to 88 of the ECT Act.
6. Hyperlinks
6.1. No person, business or website may link to any page on this Site without written consent from MCG Industries.
6.2. If hyperlinks are provided on this Site to web pages that do not form part of MCG Industries. Such links do not imply any endorsement, agreement on or support for the content of web pages not forming part of the MCG Industries website.
6.3. MCG Industries is in no way responsible or liable for the content, access or inability to access such web pages not forming part of the MCG Industries website.
7. Updating of these Terms and Conditions
7.1. MCG Industries reserves the right to change, modify, add to or remove from portions or the whole of these Terms and Conditions at any time without notice. Changes to these Terms and Conditions will become effective upon such changes being posted to this Site.
7.2. It is the User’s obligation to periodically check these Terms and Conditions for changes or updates.
7.3. The User’s continued use of this Site following the posting of changes or updates will be considered notice of the User’s acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.