1) Legal Notices
Publisher.co.za is owned by Quickfox Publishing cc, Reg. nr: CK2007/063652/23 and operated by Print On Demand.
Users of Publisher.co.za are bound by these terms and conditions.
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.
Permission is granted to display, copy, distribute and download the materials on this site solely for personal, non-commercial use provided that you make no modifications to the materials and that all copyright and other proprietary notices contained in the materials are retained. You also may not, without Quickfox Publishing ccs' written permission, "mirror" any material contained on this Site or any other server.
The Sellers/Distributors of products listed on Publisher.co.za will not be responsible for typographical or other errors or omissions regarding prices or other information.
Any permission granted herein terminates automatically without further notice if you breach any of the above terms. Upon such termination, you agree to immediately destroy any downloaded and/or printed materials. Any unauthorised use of any material contained on this site may violate domestic and/or international copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
The materials on this site are provided with "Restricted Rights".
All trademarks, service marks, logos, slogans, domain names and trade names (collectively "Marks") are the properties of their respective owners. Quickfox Publishing cc disclaims any proprietary interest in Marks other than its own.
These terms and conditions govern the sale of all products and services ("products") by Quickfox Publishing cc and Publisher.co.za, or its official Distributors (hereinafter referred to as "Seller") and apply notwithstanding any conflicting, contrary or additional terms and conditions in any purchase order or other document or communication ("purchase order") from Buyer.
These terms and conditions may only be waived or modified in a written agreement signed by the Seller. Neither Seller's acknowledgment of a purchase order nor Seller's failure to object to conflicting, contrary or additional terms and conditions in a purchase order shall be deemed an acceptance of such terms and conditions or a waiver of the provisions hereof.
All moral rights of Quickfox Publishing cc, and its employees/agents are reserved. Quickfox Publishing cc cannot screen or edit all the content available from the Publisher.co.za site and does not accept any liability for illegal, defamatory or obscene content. Users are encouraged to inform Quickfox Publishing cc of any content that may be offensive or illegal.
3) Use of the Site
Except for information, products or services clearly identified as being supplied by Quickfox Publishing cc, Quickfox Publishing cc do not operate, control or endorse any information, products or services on the Internet in any way.
Quickfox Publishing cc 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 at your own risk and you will have no recourse against the site, Quickfox Publishing cc and/or its Directors.
With reference to download files, Quickfox Publishing cc 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 agree to indemnify, defend and hold harmless Quickfox Publishing cc, 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.
5) Third Party Rights
The provisions of paragraphs 3 (Use of the Site), and 4 (Indemnification) are for the benefit of Quickfox Publishing cc 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.
6) 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.
7) 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 Quickfox Publishing cc 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-Quickfox Publishing cc websites or resources. Because the Publisher.co.za website owners and operators have no control over such sites and resources, you acknowledge and agree that Quickfox Publishing cc is not responsible for the availability of such external sites or resources, 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 Quickfox Publishing cc 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.
9) Force majeure
Seller shall not be liable for failure to fulfill its obligations herein or for delays in delivery due to causes beyond its reasonable control, including, but not limited to, acts of God, natural disasters, acts or omissions of other parties, acts or omissions of civil or military authority, Government priorities, changes in law, material shortages, fire, strikes, floods, epidemics, quarantine restrictions, riots, war, acts of terrorism, delays in transportation or inability to obtain labour or materials through its regular sources.
Seller's time for performance of any such obligation shall be extended for the time period of such delay or Seller may, at its option, cancel any order or remaining part thereof without liability by giving notice of such cancellation to Buyer.
10) Seller's limited warranty
Seller warrants to Buyer that upon delivery to Buyer the Products purchased hereunder shall conform to the applicable manufacturer's specifications for such Products. Seller makes no other warranty, express or implied, with respect to the Products. In particular, Seller makes no warranty respecting the merchantability of the products or their suitability or fitness for any particular purpose or use or respecting infringement.
With respect to Products which do not meet applicable manufacturer's specifications, Seller's liability is limited, at Seller's election, to (1) refund of Buyer's purchase price for such Products (without interest), or (2) replacement of such Products; provided, however, that such Products must be returned to Seller, along with acceptable evidence of purchase, within twenty (20) days from date of delivery, transportation charges prepaid.
Seller shall transfer to Buyer whatever transferable warranties and indemnities Seller receives from the manufacturer of the Products, including any transferable warranties and indemnities respecting patent infringement.
11) Limitation of liabilities
Buyer shall not in any event be entitled to, and Seller shall not be liable for indirect, special, incidental or consequential damages of any nature including, without limitation, business interruption costs, removal and/or reinstallation costs, reprocurement costs, loss of profit or revenue, loss of data, promotional or manufacturing expenses, overhead, injury to reputation or loss of customers, even if Seller has been advised of the possibility of such damages.
Buyer's recovery from Seller for any claim shall not exceed Buyer's purchase price for the product giving rise to such claim irrespective of the nature of the claim, whether in contract, tort, warranty, or otherwise. Seller shall not be liable for and Buyer shall indemnify, defend and hold Seller harmless from any claims based on Seller's compliance with specifications or instructions by parties other than Seller, or use in combination with other products.
12) Use of products and information
Buyer acknowledges that use of any product or information obtained on Publisher.co.za is at Buyer's sole risk. Buyer agrees that Seller and the manufacturer of the Products are not liable, in whole or in part, for any claim or damage arising from such use. Buyer agrees to indemnify, defend and hold Seller and the manufacturer of the Products harmless from and against any and all claims, damages, losses, costs, expenses and liabilities arising out of or in connection with such use or sale.
13) Export control
Buyer agrees to comply with all such laws, regulations and orders governing the importation or exportation of the product and acknowledges that it shall not directly or indirectly export any Products to any country where export or transmission is restricted or prohibited. Buyer acknowledges its responsibility to obtain any license to export, re-export or import as may be required.
14) Statements and advice
If statements or advice, technical or otherwise, are offered or given to Buyer, such statements or advice shall be deemed to be given as an accommodation to Buyer and without charge and Seller shall have no responsibility or liability for the content or use of such statements or advice.
15) Governing Law
This site is hosted, controlled and operated from the Republic of South Africa and therefore governed by South African law.
Any person that delivers or attempts to deliver any damaging code to this web site or attempts to gain unauthorised access to any page on this web site shall be prosecuted and civil damages shall be claimed in the event that Publisher.co.za suffers any damage or loss.
The user agrees and warrants that its log-in name and password shall:
- be used for personal use only; and
- not be disclosed to any third party.
The user allows Publisher.co.za to take all reasonable steps to ensure the integrity and security of the Publisher.co.za site and back-office applications.
All credit card transactions are Secure Socket Layers encrypted. The company registration documents and the site's registered domain name are checked and verified by Thawte.
17) Changes To Agreement
Publisher.co.za may, in its sole discretion, change this agreement or any part thereof at any time without notice.
In the event of any dispute of any nature whatsoever arising between the parties on any matter provided for in, or arising out of this agreement, and not resolved through the Customer Relations Department of Publisher.co.za, then such a dispute shall be submitted to confidential arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa. Arbitration proceedings shall be conducted in Cape Town in English. The arbitration rules may be downloaded from: http://www.arbitration.co.za/Pages/docs/expedited_rules.pdf.
Publisher.co.za chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature, G7 Sable Square, Cnr Bosmansdam Road & Ratanga Road, Milnerton, 7441, Cape Town, South Africa.
20) Term and Termination
This agreement shall commence when the user registers on the Publisher.co.za site and continues indefinitely until terminated by Publisher.co.za in terms of clause 21 hereto or for any other reason.
The ECT Act states that when we offer goods or services by way of certain electronic transactions, we must make the following information about us available to customers on websites where the goods or services are offered:
- Full name: Publisher.co.za
- Main business: Online retailer & publishing resource site
- Address for receipt of legal service: G7 Sable Square, Cnr Bosmansdam Road & Ratanga Road, Milnerton, 7441, Cape Town, South Africa
- Office bearers: Quickfox Publishing cc
- Website: http://www.publisher.co.za
- PROATIA: The manual published in terms of section 51 of the Promotion of Access to Information Act No 2 of 2000 may be downloaded from http://www.naspers.co.za
As used herein, terms appearing in the singular shall include the plural and terms appearing in the plural shall include the singular. No rights, duties, agreements or obligations hereunder may be assigned or transferred by either party, by operation of law, merger or otherwise, without the prior written consent of the other.
Any attempted or purported assignment shall be void. Not withstanding the aforegoing, Seller's obligations under these Terms and Conditions may be performed by divisions, subsidiaries or affiliates of Seller.
The obligations, rights, terms and conditions hereof shall be binding on the parties hereto and their respective successors and assigns. The waiver of any provision hereof or of any breach or default hereunder shall not be deemed a waiver of any other provision hereof or breach or default hereunder.
Any provision hereof which is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof in that jurisdiction or affecting the validity or enforceability of such provision in any other jurisdiction. These Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of South Africa.