TERMS AND CONDITIONS OF USE OF THE
DIMENSION DATA WEBSITE
For
purposes of these terms and conditions, "Dimension Data" shall mean
Dimension Data Holdings plc, and all of its direct and indirect subsidiaries.
1 Acceptance
of terms and conditions Dimension Data provides the information
contained on this website and any pages comprising the website
("website") to you subject to the terms and conditions of use set
out herein ("terms and conditions"). By accessing, using and/or
downloading any information from the website, you are deemed to have accepted
and agreed to the terms and conditions. If you do not accept and agree to
the terms and conditions, do not access, use or download any information from
the website.
2 Modification
of terms and conditions Dimension Data may at any time modify the terms
and conditions without notice to you and your continued access or use of the
website will be subject to the terms and conditions in force at the time of
such access or use. Accordingly, you should review the terms and conditions
periodically as your continued access or use of the website shall be deemed
to be your acceptance of the amended terms and conditions.
3 Content
of the Website Whilst every effort is made to update the information
contained on this website on a regular basis, Dimension Data makes no
representations or warranties, whether express, implied in law or residual,
as to the accuracy, completeness or reliability of information, opinions,
data and/or content contained on the website and shall not be bound in any
manner by any information contained on the website. The contents of the
website do not constitute an invitation to invest in the shares of Dimension
Data. Dimension Data reserves the right at any time to change the content or
discontinue without notice, any aspect or feature of the website. No
opinions, research information, data or content contained on the website (and
whether posted by Dimension Data or a third party) should be construed as
advice and same are offered for information purposes only.
4 Links
to Other Web Sites External links may be provided for your convenience,
but they are beyond the control of Dimension Data and no representation is
made as to their content. Use of or reliance on any external links is at
your own risk. No hypertext links may be created from any website controlled
by you (whether directly or indirectly) to the website without the express
prior written permission of Dimension Data.
5 Copyright
and Intellectual Property Rights Copyright and all intellectual property
rights in and to all materials, texts, drawings and data made available on
the website (collectively "materials") are owned by Dimension Data
alternatively, Dimension Data is the lawful user thereof and same are
protected by United Kingdom and international intellectual property laws.
Accordingly, any unauthorised copying, reproduction, retransmission,
distribution, dissemination, sale, publication, broadcast or other
circulation or exploitation of the materials or any component thereof will constitute
an infringement of such copyright and other intellectual property rights.
The trademarks, names, logos and service marks (collectively
"trademarks") displayed on the website are the registered and
unregistered trademarks of Dimension Data. Nothing contained on the website
should be construed as granting any licence or right to use any trademark
without the prior written permission of Dimension Data.
6 Public
Forums and User Submissions Dimension Data is not responsible for any
material submitted to the public areas by you (which include bulletin boards,
chat rooms, or any other public area found on the website). Any material
(whether submitted by you or any other user) is not endorsed, reviewed or
approved by Dimension Data. Dimension Data reserves the right to remove any
material submitted or posted by you in the public areas, without notice to
you, if it becomes aware and determines, in its sole and absolute discretion,
that there is a possibility that you may -
6.1 defame,
abuse, harass, stalk, threaten or otherwise violate the rights of other users
or any third parties;
6.2 publish,
post, distribute or disseminate any defamatory, obscene, indecent or unlawful
material or information;
6.3 upload
files that contain viruses, corrupted files or any other similar software or
programmes that may damage the operation of Dimension Data's and/or a third
party's computer system and/or network;
6.4 violate
any copyright, trademark, other applicable laws or intellectual property
rights of Dimension Data or any other third party;
6.5 submit
contents containing marketing or promotional material which is intended to
solicit business.
You
further agree not to use the website to send or post any message or material
that is unlawful, harassing, defamatory, abusive, indecent, threatening,
harmful, vulgar, obscene, sexually orientated, racially offensive, profane,
pornographic or which violates any applicable laws and you hereby indemnify
Dimension Data against any loss, liability, damage or expense of whatever
nature which Dimension Data or any third party may suffer which is caused by
or attributable to, whether directly or indirectly, your use of the website.
7 Warranties
and Disclaimers Dimension Data makes no warranties, representations,
statements or guarantees (whether express, implied in law or residual)
regarding the website. Dimension Data shall not be responsible for and
disclaims all liability for any loss, liability, damage (whether direct ,
indirect or consequential), personal injury or expense of any nature
whatsoever which may be suffered by you or any third party, as a result of or
which may be attributable, directly or indirectly, to your access and/or use
of the website and any information contained on the website and you waive any
and all claims which you may have against Dimension Data in respect of any
loss, liability, damage (whether direct, indirect or consequential) or
expense of any nature whatsoever, which may be suffered by you or your
dependants as a result of or which may be attributable directly or indirectly
to the aforesaid. These limitations of liability shall apply regardless of
the form of action, whether in contract, tort, delict, strict liability or
otherwise, and regardless of whether either party has been advised of the possibility
of such damages. Notwithstanding anything to the contrary contained herein,
Dimension Data shall not be liable for any indirect, contingent or
consequential loss (including but not limited to loss of business or loss of
profits) incurred or sustained by you or any third party howsoever arising in
respect of your use of or reliance on the website or any information offered
on or via the website.
8 General
8.1 These
terms and conditions constitute the sole record of the agreement between you
and Dimension Data in relation to the subject matter hereof. Neither you nor
Dimension Data shall be bound by any express, tacit or implied
representation, warranty, promise or the like not recorded herein. These
terms and conditions supersede and replace all prior commitments,
undertakings or representations, whether written or oral, between you and
Dimension Data in respect of the subject matter hereof. No addition to,
variation or agreed cancellation of any provision of these terms of use shall
be binding upon Dimension Data unless agreed to by Dimension Data. No
indulgence or extension of time which Dimension Data may grant to you will
constitute a waiver of or, whether by estoppel or otherwise, limit any of the
existing or future rights of Dimension Data in terms hereof, save in the
event or to the extent that Dimension Data has signed a written document
expressly waiving or limiting such rights.
8.2 Dimension
Data shall be entitled to cede, assign and delegate all or any of its rights
and obligations in terms of these terms and conditions to any third party
without notice to you.
8.3 All
provisions of these terms and conditions are, notwithstanding the manner in
which they have been linked grammatically, severable from each other. Any
provision of these terms and conditions which is or becomes unenforceable in
any jurisdiction, whether due to voidness, invalidity, illegality,
unlawfulness or for any reason whatever shall, in such jurisdiction only and
only to the extent that it is so unenforceable, be disregarded and the
remaining provisions of these terms and conditions shall remain of full force
and effect.
8.4 These
terms and conditions shall be governed by and construed in accordance with
the laws of England and Wales without giving effect to any principles of
conflict of law. You hereby consent to exclusive jurisdiction of the English
courts in respect of any disputes arising in connection with these terms and
conditions or any matter related to or in connection therewith.
These
terms and conditions were last updated on 29 October, 2004.
Copyright
© 2004 Dimension Data Holdings plc
All
Rights Reserved