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