Terms and conditions
Terms and conditions for the use of TMC's website ("the Site")
1. Use of the site
1.1 You agree to use the site for lawful purposes only. Without derogating 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.
1.2 The following activity on or through the site is expressly prohibited:
1.2.1 Any non-personal or commercial use of any robot, spider, other automatic device or technology, or manual process to monitor or copy portions of the site, or the content contained therein, without the prior written authority of TMC; and
1.2.2 Any use or action that imposes an unreasonable or disproportionately large load of traffic on the site, or otherwise interferes with its proper and timely functioning.
2. Intellectual property rights
2.1 All content included on this web site, such as text, graphics, logos, images, photographs, audio clips and software ("the Content"), is the property of TMC 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 website is the exclusive property of TMC 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 TMC 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 TMC.
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 TMC, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any TMC logo or other proprietary graphic or trademark as part of the link without the express permission of TMC, its affiliates or content suppliers.
2.5 All trademarks are the exclusive property of TMC.
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. TMC 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 TMC 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 TMC 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, TMC disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. TMC will not be liable for any damages of any kind arising from the use of TMC's site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
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 disputed arising in connection with this web site.
5. Other provisions
5.1 In the event that any of the terms of the agreement are found to be invalid, unlawful or unenforceable, such terms will be severable from the remaining terms, which will continue to be valid and enforceable.
5.2 These terms and conditions, including any documents referenced herein, represent the entire agreement between you and TMC regarding your relationship with TMC and use of the site and supersedes any prior statements or representations.
5.3 TMC may at any time modify these terms and conditions and your continued use of this site will be conditioned upon the Terms and Conditions in force at the time of your use.