TERMS AND CONDITIONS
1. COPYRIGHT
1.1 Copyright 3hex, PO Box 37658 Overport 4067. All rights not expressly granted are reserved. To obtain permissions for the commercial use of any content on this site contact The General Manager by using the Contact Us page.
1.2 Users may download, view and print content from this site for private and non-commercial purposes only.
1.3 All moral rights of 3hexand its employees/agents are reserved.
1.4 3hex cannot screen or edit all the content available from the 3hex site and does not accept any liability for illegal, defamatory or obscene content. Users are encouraged to inform 3hex of any content that may be offensive or illegal.
2. INTELLECTUAL PROPERTY RIGHTS
2.1 All the content, trademarks and data on this web site, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, designs and agreements, are the property of or licensed to 3hex and as such are protected from infringement by local and international legislation and treaties.
3. ELECTRONIC COMMUNICATIONS
3.1 When a user visits 3hex or sends e-mails to 3hex, that user consents to receiving communications from 3hex electronically and agrees that all agreements, notices, disclosures and other communications sent by 3hex satisfies any legal requirements, including but not limited, to the requirement that such communications should be "in writing".
4. HYPERLINKS
4.1 No person, business or web site may link to any page on this site without the prior written permission of 3hex. Such permission could be obtained from the person referred to in clause 1 hereof. This clause does not apply to parties that have entered into e-trader agreements with 3hex.
4.2 Hyperlinks provided on this site to non- 3hex sites, are provided as is and 3hex does not necessarily agree with, edit or sponsor the content on such web pages.
5. FRAMING
5.1 No person, business or web site may frame this site or any of the pages on this site in any way whatsoever.
6. SPIDERS AND CRAWLERS
6.1 No person, business or web site may use any technology to search and gain any information from this site without the prior written permission of 3hex. Such permission could be obtained from the person referred to in clause 1 hereof.
7. DISCLAIMER
7.1 Apart from the provisions of sections 43(5) and 43(6) of the Electronic Communications and Transactions Act, neither 3hex nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this web site or the services or content provided from and through this web site. Furthermore, 3hex makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this web site are free from errors or omissions or that the service will be 100% uninterrupted and error free. Users are encouraged to report any possible malfunctions and errors to the person referred to in clause 1.
7.2 This web site is supplied on an "as is" basis and has not been compiled or supplied to meet the user's individual requirements. It is the sole responsibility of the user to satisfy itself prior to entering into this agreement with 3hex that the service available from and through this web site will meet the user's individual requirements and be compatible with the user's hardware and/or software.
7.3 Information, ideas and opinions expressed on this site should not be regarded as professional advice or the official opinion of 3hex and users are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this site.
7.4 All items purchased from 3hexare made pursuant to agreements with shipping and delivery agents and risk of loss pass from 3hex to such agents upon delivery of any item to such carrier.
7.5 Neither 3hex nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use any product sold on this web site.
17. PRODUCT CLAIMS
The products and the claims made about specific products on or through this site have not been evaluated by 3hex. The information provided on this site is for informational purposes only. 3hex are not liable for any problems or adverse reactions that may result from using any of the products described on the site.
19. GOVERNING LAW
19.1 This site is hosted, controlled and operated from the Republic of South Africa and therefor governed by South African law.
20. PRIVACY
20.1 3hex shall take all reasonable
steps to protect the personal information of Users. For the purpose of this
clause, "personal information" shall be defined as detailed in the Promotion of
Access to Information Act 2 of 2000 (PAIA).
The PAIA may be downloaded from:
www.polity.org.za/html/govdocs/legislation/2000/act2.pdf
20.2 3hex may electronically collect, store and use the following personal information of Users:
20.2.1 name and surname;
20.2.2 birth date;
20.2.3 gender;
20.2.4 country of residence;
20.2.5 closest city;
20.2.6 non-personal browsing habits and click patterns;
20.2.7 e-mail address; and
20.2.8 IP address.
20.3 3hex collects, stores and uses the abovementioned information for the following purposes:
20.3.1 to greet the User when he/she accesses the 3hex web site;
20.3.2 subject to the User's consent, inform the User of facts relating to his/her access and use of the 3hex website;
20.3.3 subject to the User's consent, inform the User about competitions and special offers from 3hexand/or its partners / affiliates;
20.3.4 to compile non-personal statistical information about browsing habits, click-patterns and access to the 3hex web site.
20.4 Information detailed above is collected either electronically by using cookies or is provided voluntarily by the User. Users may determine cookie use independently through their browser settings.
20.5 The User may elect not to receive any communications from 3hex and/or its partners / affiliates.
20.6 3hex may collect, maintain, save, compile, share, disclose and sell any information collected from users, subject to the following provisions:
20.6.1 3hex shall not disclose personal information from Users unless the User consents thereto;
20.6.2 3hex shall disclose information without the User's consent only through due legal process; and
20.6.3 3hex may compile, use and share any information that does not relate to any specific individual.
20.7 3hex owns and retains all rights to non-personal statistical information collected and compiled by 3hex.
21. SECURITY
21.1 Any person that delivers or attempts to deliver any damaging code to this web site or attempts to gain unauthorised access to any page on this web site shall be prosecuted and civil damages shall be claimed in the event that 3hex suffers any damage or loss.
21.2 The user agrees and warrants that its log-in name and password shall:
21.2.1 be used for personal use only; and
21.2.2 not be disclosed to any third party.
21.3 The user allows 3hexto take all reasonable steps to ensure the integrity and security of the 3hex site and back-office applications.
21.4 All credit card transactions are Secure Socket Layers encrypted. The company registration documents and the site's registered domain name are checked and verified by Thawte.
22. CHANGES TO AGREEMENT
22.1 3hex may, in its sole discretion, change this agreement or any part thereof at any time without notice.
23. DISPUTES
23.1 In the event of any dispute of any nature whatsoever arising between
the parties on any matter provided for in, or arising out of this agreement,
and not resolved through the Customer Relations Department of
3hex, then such a dispute shall
be submitted to confidential arbitration in terms of the expedited rules of
the Arbitration Foundation of South Africa. Arbitration proceedings shall be
conducted in English.
The arbitration rules may be downloaded from:
www.arbitration.co.za/Pages/docs/expedited_rules.pdf
24. DOMICILIUM
24.1 3hex chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature, PO Box 37658 Overport 4067.
25. TERM AND TERMINATION
25.1 This agreement shall commence when the user registers on the 3hex site and continues indefinitely until terminated by 3hexin terms of clause 21 hereto or for any other reason.
26. GENERAL INFORMATION
26.1 3hex is a division of
xxxx Reg No: 1234/123456/12. Directors: aa xxxx (Chairman), xxxxx,
xxxxxx, Prof xxx, (Managing), xx xxxx(Executive), Dr xxxxxx (Secretary).
3hex
A COPY OF THE ECT ACT MAY BE DOWNLOADED FROM:
www.polity.org.za/pdf/ElectronicCommunications.pdf
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