- Disclaimer and No Warranties3.1The information and materials contained on the said Website, and the terms, conditions, and/or descriptions that appear on the Website, are subject to change. Unauthorized use of the said Website and systems, including but not limited to unauthorized entry into ESPPL’s systems, misuse of passwords, and/or misuse of any information posted on the Website is strictly prohibited. Not all products and services are available in all geographic areas.3.2Your eligibility for particular products and/or services is subject to final determination by ESPPL and/or its affiliates. You are aware that the information available through this Website is provided solely for informational purposes on an “as is” basis at User’s sole risk. ESPPL makes no guarantees as to the accurateness, quality, and/or completeness of the information provided on or through the Website, and ESPPL shall not be responsible and/or liable for any errors, omissions, and/or inaccuracies in the information disseminated or for any User’s reliance on the information disseminated. User shall be solely responsible for verifying the information on the Website. ESPPL does not warrant that the services provided and/or products sold, through and/or on the Website, will be uninterrupted or error-free or that defects on the Website will be corrected.3.3While using this Website, You are required to comply with all applicable statutes, orders, regulations, rules, and other laws. You undertake to not use this Website for any fraudulent or unlawful purpose, and You shall not take any action to interfere with this Website and/or any other User’s use of this Website. In addition, ESPPL expects You to respect the rights and/or dignity of other Users. By way of example and not of limitation, You expressly agree that You will not do any of the following, which violates this Agreement:
3.3.1Post, upload, share, transmit, distribute, facilitate distribution of and/or otherwise make available to and/or through this Website any unlawful, infringing, harmful, harassing, defamatory, threatening, intimidating, fraudulent, tortious, vulgar or otherwise objectionable material of any kind, including unauthorized and/or unsolicited advertising;
3.3.3Sell, resell and/or otherwise exploit for any commercial purposes, the use of and/or access to this Website and/or any portion thereof without the prior written consent of ESPPL;
3.3.4Impersonate any person and/or entity, falsely state and/or otherwise misrepresent Your affiliation with any person and/or entity in connection with this Website, and/or express and/or imply that ESPPL endorses any statement made by You;
3.3.5Violate and/or attempt to violate the security of this Website;
3.3.6Disseminate on the Website any viruses, worms, spyware, adware and/or other malicious computer code, file and/or program that is harmful, invasive and/or is intended to damage and/or hijack the operation of, and/or monitor the use of, any hardware, software and/or equipment;
3.3.7Use any data mining, bots, spiders, automated tools and/or similar data gathering and/or extraction methods, directly or indirectly, on the Website or to collect any information from the Website and/or any other User of the Website; or
3.4The products and/or services on this Website are provided and “as available”, “with all faults” basis and without warranties and/or representations of any kind either expressed or implied. Information, products, and/or services contained on this Website, and the inclusion and/or offering of any products or services on this Website does not constitute any endorsement or recommendation of such products or services by ESPPL and/or ESPPL’s affiliates. The material provided and/or information disseminated on this Website could include technical inaccuracies and/or typographical errors. ESPPL may make changes and/or improvements at any time.
3.5To the fullest extent permissible, pursuant to applicable law, ESPPL disclaims all warranties relating to the information and description of the product(s) and/or service(s) displayed on this website. ESPPL and/or its Affiliates and/or third-party suppliers and/or licensors and/or partners do not warrant and/or make any representations regarding the use or the results of the use of the services, the Website and/or any reference sites in terms of correctness, accuracy, reliability, or otherwise.
3.6ESPPL does not warrant that the functions contained and/or service(s) and/or product(s) and/or information provided on this Website will be uninterrupted or error free, that defects will be corrected, or that this Website and/or the servers that make it available are free of viruses and/or other harmful components but shall endeavour to ensure Your fullest satisfaction.
3.7ESPPL does not warrant and/or make any representations regarding the use of and/or the result of the use of the material and/or service(s) and/or product(s) and/or information provided on the Website in terms of their correctness, accuracy, reliability, or otherwise, insofar as such material is derived from other service providers/suppliers. The Website, information, products, services and the Content are provided on an “as is” basis.
3.8ESPPL, to the fullest extent permitted by law, disclaims all warranties, either express and/or implied, statutory and/or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third-party rights, and fitness for a particular purpose.
- User Contributions5.1This Website may contain message boards, personal web pages and/or profiles, forums, social media platform(s), bulletin boards and/or other interactive features that allow Users to post, submit, publish, display and/or transmit to other users and/or other persons content and/or materials (“User Contributions”) on or through the Website.5.2If You voluntarily disclose any personal information on or through the Website or on any other User or member-generated pages which may result in unsolicited contact from other parties then You shall be responsible for any content and/or information and/or User Contributions You transmit on or through our Websites.5.3Any User Contributions that You post on or through the Website shall be considered as non-confidential and non-proprietary. By providing any User Contributions on the Website, You grant us, our affiliates, our service providers, and each of their and our respective licensees, successors and assigns, the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.
- User’s Representations and Warranties6.1You represent and warrant that:6.1.1Any content and/or information and/or User Contributions, You transmit on or through our Websites is truthful, accurate, not misleading and offered in good faith, and that You have the right to transmit such content/information/User Contributions. You hereby also represent and warrant that You own and/or control all rights in relation to the User Contributions and have the right to grant the license to use such User Contributions to ESPPL and our affiliates and service providers, and each of their and our respective licensees, successors and assigns. ;6.1.2You shall not upload, post and/or otherwise make available on or through this Website any content/User Contributions which are protected by copyright, trademark and/or other proprietary right of any third party without the express written permission of the owner of such right(s), or the authority to do so. You shall be solely liable for any damages resulting from any infringement of copyright, trademark or other proprietary rights, and/or any other harm resulting from such a submission.
6.1.3You understand and acknowledge that You are responsible for any User Contributions You submit and/or contribute, and You have full responsibility for such content, including its legality, reliability, accuracy and/or appropriateness. ESPPL shall not be held responsible and/or be liable to any third party for the content and/or accuracy of any User Contributions posted by You and/or any other User of this Website.
- Payment of Fee:9.1The User agrees to pay all charges, fees, duties, taxes, and assessments for the services availed and/or products purchased through or on this Website. The services provided and/or products offered shall be subject to their applicable terms and conditions.
12.4The provisions concerning authorized use, Intellectual Property Rights, User Contributions, Disclaimer and No Warranties, Confidentiality, Limitation of Liability and Indemnity, as well as any other provisions that by their nature should survive, shall survive any such termination.
- Limitation of Liability14.1In no event shall, ESPPL, its affiliates, licensors, suppliers or any third parties mentioned on the Website, be liable for any damages, including without limitation direct or indirect, special, incidental, or consequential damages, losses and/or expenses arising in connection with this Website and/or any Linked Site and/or use thereof or inability to use the Website, products, information, services and/or Content whether based on warranty, contract, tort, delict, or any other legal foundation, and whether or not ESPPL or its representatives thereof, are advised of the possibility of such damages, losses and/or expenses.
15.4The Sole Arbitrator shall be entitled to award costs of the arbitration and the costs of arbitration will be borne by such party which is/ are directed by the arbitrator to so bear the costs of arbitration.