For the use of the ESWATINI RAIL LINK WEBSITE
- Any reference to “Eswatini Rail Link” on this website (hereafter referred to as the “Website”), means Eswatini Rail Link
- These terms and conditions are applicable to the use of this Website only.
- By using this Website, you, as the user, agree to be bound by these terms and conditions. Eswatini Rail Link reserves the right to revise these terms and conditions at any time, without notice, and you hereby agree to be bound by such changes.
- Any permission granted by Eswatini Rail Link in terms of any of these terms and conditions may be terminated at any time without cause.
- The information presented on these pages may not be applicable to your particular commercial situation. Applying this information out of context may cause you to incur liability. Eswatini Rail Link shall not be responsible for any such liability incurred by you.
- Unauthorised attempts to modify any information stored on this Website, to defeat or circumvent security features, or to utilise this Website for purposes other than its intended purposes are prohibited and may result in criminal prosecution.
- The use of any information on this Website creates no legal obligation, affiliation or association with Eswatini Rail Link or with third parties arising as a consequence of using information provided by this service.
- The section headings used herein are for convenience only and shall not be given any legal import.
- Eswatini Rail Link hereby grants permission to any person to view the Website, and copy, print and use any documents (such as white papers, press releases, datasheets, etc.) and images presented on the Website, subject to the following conditions:
- The documents and images may be used solely for information and non-commercial purposes only and will not be copied or posted on any network computer or broadcast in any media.
- Copying for sale or public distribution of any material on this Website is strictly prohibited.
- No modifications of any documents are made.
- The documents and images may be used solely for individual purposes and may not be used to commercialise any products or services other than Eswatini Rail Link products and services.
- Commercial use of this Website is strictly limited to use for electronic commerce with Eswatini Rail Link.
- Any use of Eswatini Rail Link documents, text or images must be accompanied by the following: “image/information owned by Eswatini Rail Link “.
Any copy or printout of any document or image or portion thereof must include paragraphs (a)1 to 6 above and ALL of the text contained in paragraph 7 of these terms and conditions under the heading “COPYRIGHT, TRADEMARKS AND OTHER INTELLECTUAL PROPERTY RIGHTS”.
2. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
3. LEGAL DISCLAIMER
ESWATINI RAIL LINK MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ESWATINI RAIL LINK DISCLAIMS ALL WARRANTIES.
Eswatini Rail Link, its directors and employees, accept no liability (including any liability in negligence), and take no responsibility for any loss or damage which a user of this Website, or any other third party may suffer or incur as a result of reliance on material found on this Website, and in particular for:
- any errors, omissions or inaccuracy in information or data on this Website,
- any incompleteness in the information or data on this site; or
- any interpretations or opinions stated in, or which may be inferred from information on this Website.
- Users expressly agree that use of the Website is at their sole risk. Neither Eswatini Rail Link, nor any of its employees, agents, third party content providers or licensers warrant that the site will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of the site, or as to the accuracy or reliability of any information, service or merchandise provided through the Website.
- Users also assume the entire risk for any actions carried out based upon the use of this Website.
- Accordingly, all Eswatini Rail Link and third party information (i.e. the contents of this publication in its entirety) is provided “AS IS”, without any warranty of any kind whatsoever.
- In no event shall Eswatini Rail Link be liable for any damages whatsoever, including any damages or injury caused by any failure of performance, error, omission, inaccuracy, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorised access to, alteration of or use of this site, whether for breach of contract, delictual liability (including strict liability), negligence, or under any other cause of action. The user specifically acknowledges that Eswatini Rail Link is not liable for the defamatory, offensive or illegal conduct of other users or third-parties and that the risk of injury from the foregoing rests entirely with the user.
- Eswatini Rail Link shall not be liable for special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, loss of data or loss of use, arising out of or related to any Eswatini Rail Link Website or the information contained in it, whether such damages arise in contract, negligence, delict, under statute, in equity, at law or otherwise.
4. LICENSE DISCLAIMER
- Nothing on this Eswatini Rail Link Website shall be construed as conferring any license under any of Eswatini Rail Link’s or any third party’s intellectual property rights, whether by estoppel, implication, or otherwise.
5. HYPERLINKS DISCLAIMER
- This Website may contain hyperlinks to other Internet addresses. Such external Internet addresses contain information created, published, maintained, or otherwise posted by institutions, organisations, and individuals independent of Eswatini Rail Link. These hyperlinks to organisations outside of Eswatini Rail Link are provided as a convenience to our readers.
- Eswatini Rail Link does not guarantee, endorse, approve, certify, or control these external Internet addresses and does not guarantee the accuracy, content, completeness, timeliness, availability, usefulness, efficacy, or correct sequencing of information located at such addresses.
- Eswatini Rail Link can accept no responsibility for unsuitable or inaccurate material that may be encountered.
- Use of any information obtained from such addresses is voluntary, and reliance on it should only be undertaken after an independent review of its accuracy, completeness, efficacy, and timeliness.
- Reference therein to any specific commercial product, process or service by trade name, trademark, service mark, manufacturer, or otherwise does not constitute or imply endorsement, recommendation, or favouring by Eswatini Rail Link.
6. DISCLAIMER OF ENDORSEMENT
- Any reference obtained via this Website to a specific commercial or non-commercial product, process, or service does not constitute or imply an endorsement by Eswatini Rail Link of the product, process, or service, or its producer or provider.
- The views and opinions expressed in any referenced document or any Website linked to this Website do not necessarily state or reflect those of Eswatini Rail Link.
7. COPYRIGHT, TRADEMARKS AND OTHER INTELLECTUAL PROPERTY RIGHTS
- Eswatini Rail Link prohibits the use of the Eswatini Rail Link name and/or logo as a “hot” or “hyper” link to any other Website unless the establishment of such a link is approved by Eswatini Rail Link in writing.
- The Eswatini Rail Link name and logo are registered trademarks of the company, protected by South African and international trademark laws and all other intellectual property laws.
- All content included on this Website, such as text, graphics, logos, button icons, images, audio clips, software and information, is the property of Eswatini Rail Link or its content suppliers and protected by South African and international copyright law and all other intellectual property laws.
- The compilation (meaning the collection, arrangement and assembly) of all content on this Website is the exclusive property of Eswatini Rail Link and protected by South African and international copyright law and all other intellectual property laws.
- All software used on this site is the property of Eswatini Rail Link or its software suppliers and protected by South African and international copyright law and all other intellectual property laws.
- The content and software on this site may be used for information purposes or to facilitate electronic commerce. Any other use, including the reproduction, modification, distribution, transmission, re-publication, display or performance in any form, of the content on this site without written permission from Eswatini Rail Link, is strictly prohibited.
- Note that any product, processes or service referred to on this Website may be subject to other copyright, patent, trade mark or other intellectual property laws and may incorporate proprietary notices and copyright information relating to that product, process or service.
- Eswatini Rail Link shall not incur, and does not accept any liability whatsoever, arising from infringement of copyright, trademark, patent or other intellectual property laws relating to such products, processes or services.
- You may not, without express permission from Eswatini Rail Link, take the rates, tariffs from this Website and reformat and display them on any other Website. You also may not mirror the Eswatini Rail Link home page or results pages on your Website.
8. FEEDBACK INFORMATION
- Except for commercially sensitive information arising from the commercial use of this Website as a medium to facilitate electronic commerce, any information provided to Eswatini Rail Link in connection with this Website shall be provided by the submitter and received by Eswatini Rail Link on a non-confidential basis. Eswatini Rail Link shall be free to use such information on an unrestricted basis.
- Should any viewer of a Eswatini Rail Link published document respond with information including feedback data, such as questions, comments, suggestions, or the like regarding the content of any such Eswatini Rail Link document, such information shall be deemed to be non-confidential and Eswatini Rail Link shall have no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose and distribute the information to others without limitation.
9. CHANGE OF INFORMATION ON WEBSITE
- The information contained in this Website is correct at the time of publishing, but is subject to constant change without notice, including being continually updated, revised, removed, or any other possibilities.
- Any Eswatini Rail Link document or image, may include inaccuracies or typographical errors. Eswatini Rail Link expressly reserves the right to make changes to these documents and images at any time.
- Eswatini Rail Link has the right at any time to change or modify the terms and conditions applicable to use of the Website, or any part thereof, or to impose new conditions, including, without limitation, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by any means including, without limitation, posting on the Website, or by electronic or conventional mail, or by any other means. Any use of the Website by you after such notice shall be deemed to constitute acceptance or such changes, modifications, additions or deletions
Eswatini Rail Link shall maintain the right, but not the obligation, to monitor the content of the Website (including chat rooms and bulletin boards), to determine compliance with these conditions of use and any operating rules established by Eswatini Rail Link and to satisfy any law, regulation or authorised government request. Eswatini Rail Link shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the Website. Without limiting the foregoing, Eswatini Rail Link shall have the right to remove any material that Eswatini Rail Link, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
The user agrees to defend, indemnify and hold harmless Eswatini Rail Link and its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys’ fees) arising out of their use of the Website.
12. ENTIRE AGREEMENT
These terms and conditions of use constitute the entire agreement between the parties with respect to the use of this Website and supersedes all previous written or oral agreements between the parties with respect to the use of this Website.
13. NO WAIVER
No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
14. APPLICABLE LAW
This site is created, controlled and owned by Eswatini Rail Link in the Republic of South Africa and Eswatini. As such, the laws of the Republic of South Africa and Eswatini will govern these terms and conditions, without giving effect to any principles of conflicts of laws.
Eswatini Rail Link undertakes to process Website users’ personal identifiable information in accordance with the Privacy Statement which is available on this Website.