Any reference to CubicICE or CubicICE.com in this agreement shall mean CubicICE (Pty) Ltd.
Access to the Site remains strictly reserved.
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING THE SITE. BY ACCESSING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW.
1. Patents Pending, Copyright, Licences and Idea Submissions.
Domestic and international copyright and trademark laws protect the entire contents of the CubicICE.com website and patents pending services offered. The owner of the intellectual property, copyright and trademark is CubicICE (Pty) Ltd.
If you believe that content appearing on the Site constitutes copyright infringement of another party's rights, please notify us immediately.
CubicICE and ICEtracks are trademarks of CubicICE (Pty) Ltd and you agree not to use these in any way whatsoever without the prior written consent of the managing director of CubicICE (Pty) Ltd.
3. Use of the Site.
Except for information, products or services clearly identified as being supplied by CubicICE, CubicICE does not operate, control or endorse any information, products or services on the Internet in any way.
Other than CubicICE products or services or CubicICE generated information, all information, products and services offered through the Site or on the Internet generally are offered by third parties that are not affiliated with CubicICE. CubicICE cannot and does not guarantee or warrant that information, news or files available on the Site or via download facilities through the Site are true and accurate. You are urged to verify all information published on this Site with the relevant company before taking any decision. Use of the information published on this Site is at your own risk and you will have no recourse against the Site, CubicICE and/or its directors.
With reference to download files, CubicICE does not warrant or guarantee files will be free of infection or viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
You shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the service and all charges related thereto.
You agree to indemnify, defend and hold harmless CubicICE, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Site from and against all losses, expenses, damages and costs, including attorneys' fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or your use and access of the Site.
6. Third Party Rights.
The provisions of paragraphs 3 (Use of the Site), and 5 (Indemnification) are for the benefit of CubicICE and its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Site. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
7. Special Admonitions for International Use.
Recognising the global nature of the Internet, you agree to comply with all local rules including, without limitation, rules about the Internet, data, e-mail or privacy. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from South Africa or the country in which you reside.
8. Dealings with Third Parties.
Your participation, correspondence or business dealings with any third party found on or through the Site, regarding the payment and delivery of related goods or services and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that CubicICE shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.
The Site or third parties may provide links to non-CubicICE websites or resources. Because CubicICE has no control over such sites and resources, you acknowledge and agree that CubicICE is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that CubicICE shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
This Agreement shall be governed and construed in accordance with the laws of the Republic of South Africa. You agree that any legal action or proceeding between CubicICE and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a court of competent jurisdiction sitting in the district of Johannesburg, Gauteng, South Africa.
Any cause of action or claim you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. CubicICE's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement.
CubicICE may assign its rights and duties under this Agreement to any party at any time without notice to you.
Any rights not expressly granted herein are reserved.