Legal notice: Conditions of use
The following sets out the conditions of use of the Beares website, available at www.beares.co.za and owned and operated by Beares (the "Website"). Any reference in these conditions of use to "Beares" and "we" shall mean Lewis Group Ltd (Registration No. 2004/009817/06) of 53A Victoria Road, Woodstock, Cape Town, 7925 and its subsidiaries and affiliates.
These conditions of use are valid, binding and enforceable against all persons who access the Website, or any part thereof. Please read these conditions of use carefully as by using the Website you will be taken to have agreed to be bound by them. If you do not agree to be bound by these conditions of use, you must leave this Website immediately, as further use will amount to deemed consent to these conditions of use.
Beares reserves the right to vary these conditions of use at any time, without prior notice or justification, and any variations will be posted here. You are advised to review these conditions of use on a regular basis as you will be deemed to have accepted any such variations (which shall come into effect once posted on the Website) if you continue to use the Website after they have been posted.
Allowed use of information on the Website
You may only access and browse the Website for legitimate personal and non-commercial purposes and may not use the Website for:
i. harmful purposes; or
ii. illegal purposes; or
iii. disclosing, sharing or publishing material that may be offensive, defamatory, regulated, copyrighted, incorrect, untrue, prohibited, infringing or damaging to any person; or
iv. the creation, storage and sending of unsolicited commercial communications.
Names, e-mail addresses, telephone numbers and fax numbers published on the Website may not be incorporated into any database used for electronic marketing or similar purposes. No permission is given or should be implied that information on the Website may be used to communicate unsolicited communications to Beares and all rights detailed in section 45 of the Electronic Communications and Transactions Act, No. 25 of 2002 ("ECT Act") are reserved.
If you use information from the Website in breach of these conditions of use, Beares reserves the right to claim damages and/or institute criminal proceedings against you.
Software and equipment
It is your responsibility to acquire and maintain, at your own expense, the necessary computer hardware, software, communication lines and Internet access accounts required to access the Internet and the Website and/or to download content from the Website.
Source and accuracy of information
Information published by us on the Website is supplied by Beares, and where indicated, by certain third parties. We take reasonable care to ensure that the information published on the Website is accurate when posted and regularly updated, however, it may not always be accurate or up to date. Neither Lewis, nor any such third party suppliers of information, guarantees the accuracy or timeliness of the information published on the Website.
Content and information provided by any such third party suppliers are identified clearly where it appears. We publish this content as supplied to us and are not responsible for its accuracy or timeliness.
You are encouraged to report untrue, inaccurate, defamatory, illegal, infringing and/or harmful content available on the Website to Beares and we undertake to correct and/or remove such content, or any part thereof, if you provide reasonable grounds to prove the alleged nature of the content.
We have the right, in our sole and absolute discretion, to change or update the information, the content of the Website, the format of the Website, the products and/or services available from the Website and/or the software and hardware required to access and use the Website, at any time without prior notice or justification.
Statements made on or contained in the Website, or in documents referred to in the Website, are or may be forward looking statements with respect to the financial position, results, plans and objectives of Beares. Actual results may, for a variety of reasons, differ from those expressed or implied by such statements.
Any decisions you make based on any information contained in the Website are your sole responsibility.
Products and services
Any reference on the Website to any product or service which has been or may be provided by Lewis or any other company does not amount to a promise that such product or service will be available at any time.
Changes to or improvements in such products or services may be made at any time without notice.
Intellectual property rights
All intellectual property rights in and to the Website, including but not limited to, content, trademarks, trade names, logos, pictures, images, video, sound, downloads, domain names, web pages, patents, design elements, website structure, software, source code, meta tags, databases, text, graphics, icons and hyperlinks are owned by or licensed to Beares (except where otherwise indicated by a third party's proprietary notice) and as such are protected from infringement by domestic and international legislation and treaties and may not be reproduced or appropriated in any manner without the prior written permission of Beares (or the other respective owners, if applicable).
Unless specifically prohibited by a notice published on any page of the Website, you may view, download and/or print such parts of the Website as you may reasonably require for your own private and non-commercial use only, provided that any copy has attached to it any relevant proprietary notices and/or disclaimers and the content of the Website is not reproduced, modified, adapted or processed in any manner whatsoever.
Except for the above, all other use of the Website and its contents is prohibited and without limiting the generality of the aforegoing, no person shall be entitled to reproduce, transmit, publicly perform, distribute, adapt, translate, modify, bundle, merge, share, make available, use or exploit for commercial or non-private purposes or create derivative works of such content without Beares' prior written consent.
You are not allowed to amend, copy, use, decompile and/or reverse engineer the source code of the Website.
You may not use logos, icons or trademarks from the Website as hyperlinks or for any other purpose without Beares' prior written consent.
Use of hyperlinks
Beares is not responsible for the content, availability, products and/or services of any other website from which you have accessed the Website or to which you may hyperlink from the Website. Where we provide a hyperlink to a third party's website, we do so because we believe in good faith that such a website contains or may contain material which is relevant to that on the Website. Such a hyperlink does not signify that Beares has reviewed or approved of the third party's website or its contents, products or services, nor does it imply a recommendation, endorsement, support or association by Lewis of the content, products and/or services of such websites.
You may not frame the Website in any manner whatsoever, nor link from any other source to a page other than the home page of the Website, without the prior written permission of Beares.
The right to non-confidential information of users
Other than in respect of your personal information, which will be treated in accordance with the Privacy Statement that appears in the Website, if you provide information to Beares you agree that, subject to applicable law, Beares has unlimited rights to such information and that Beares may use such information in any way it chooses. Such information shall be deemed to be non-confidential.
Beares shall take all reasonable steps to secure the content of the Website, as well as the information collected from you, from unauthorised access and/or disclosure. Beares does not, however, make any warranties or representations that the content of the Website shall be entirely safe or secure.
We recommend that you install anti-virus software before downloading any material from the Website and ensure that such software is compatible with your equipment and regularly updated. Lewis is under no legal duty to:
i. encrypt any content or communications from and to you; or
ii. provide digital authentication of any pages on the Website.
You may not deliver or attempt to deliver, whether on purpose or negligently, any damaging code, such as computer viruses, robots or spyware, to the Website or the server and computer network supporting the Website.
Notwithstanding criminal prosecution, if you deliver or attempt to deliver any damaging code to the Website, whether on purpose of negligently, you indemnify and hold Beares harmless, without limitation, against any and all losses, liabilities and damages which Beares may suffer as a result of such delivery, attempt or damaging code.
You may not develop, distribute or use any device or programme designed to breach or overcome the security measures of any restricted pages, products and services on the Website and Beares reserves the right to claim damages from any persons who are directly or indirectly involved in the development, use and distribution of such devices or programmes.
If you commit any of the offences set out in sections 85 to 88 of the ECT Act, you shall, notwithstanding any criminal prosecution, be liable for all losses, liabilities and damages that may be suffered by Lewis due to or related to such offences.
Access to the Website
Beares reserves the right to restrict, suspend or terminate your access to the Website at any time if we are of the view that you have breached these conditions of use. Any such restriction, suspension or termination will be without prejudice to any rights which Beares may have against you in respect of such breach.
Beares has the right to remove the Website as a whole, or any sections or features of the Website, at any time without notice.
Beares does not provide any warranties or make any representations that the Website shall be available at any specific time.
Limitation of liability and indemnity
We publish the Website "as is" without any warranty of any kind, express or implied, as to the operation of the Website, the accuracy of the information or the products or services referred to on the Website (in so far as such warranties may be excluded under any relevant law).
Neither Beares, nor any of its shareholders, directors, employees, officers, representatives, agents, consultants, suppliers or service providers ("Indemnified Parties"), shall be liable for any direct, indirect, special or consequential losses or damages of whatsoever nature that may result from:
i. your access to or use of the Website; or
ii. your using or relying (or not using or relying) on any of the information contained on the Website or any decisions taken and/or investments made based on such information; or
iii. your purchasing and/or using any of the products and services referred to, or available on the Website; or
iv. the unavailability of any of the products or services referred to, or provided on the Website; or
v. the inability to access the Website or use the products and/or services available on the Website; or
vi. the use of hyperlinks on the Website or the use of or reliance on any website from which you hyperlink to or from the Website; or
vii. access to or the inability to access websites linked to the Website; or
viii. access and/or use of the Website by any person in a jurisdiction from which such activity is prohibited; or
ix. the submission or transmission of information or material on or through the Website by you; or
x. the violation of these conditions of use or any other laws, regulations and rules by you; or
xi. information or material which you have submitted to Beares which is in violation of any law or in breach of any third party's rights (including, but not limited to, defamation, invasion of privacy, breach of confidence or infringement of copyright or any other intellectual property rights).
You indemnify the Indemnified Parties against any losses, damages, liability, claims or costs of whatsoever nature incurred by the Indemnified Parties arising from or in any way related to (i) to (xi) above.
Beares reserves the right to defend and control any claims arising from the aforegoing and you agree to fully co-operate with Beares in any such defenses.
These conditions of use and your use of the Website and downloads from it are governed by the laws of the Republic of South Africa. The South African courts shall have exclusive jurisdiction in any dispute arising out of these conditions of use or your use of the Website.
To the extent that any part of these conditions of use is found to be invalid, unlawful or unenforceable by any court of competent jurisdiction, such part shall to that extent be severable from the remaining terms, all of which shall remain enforceable and applicable, as permitted by law.
These conditions of use, together with the Privacy Statement published on the Website, constitute the entire agreement between you and Beares and supersede any and all prior promises, representations, agreements, policies and understandings of whatsoever nature.
Any failure by Beares to exercise or enforce any right or provision of these conditions of use shall not constitute a waiver of such right or provision.
Beares has the right to cede, assign or otherwise transfer its rights and obligations in terms of these conditions of use to any third party.
Beares shall not be liable for any costs incurred by you to obtain professional advice regarding these conditions of use.