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Liability

LIABILITY

Disclaimers and limitation of liability

YOUR USE OF AND RELIANCE ON THE SITE IS ENTIRELY AT YOUR OWN RISK. THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE".

ALTHOUGH WE TAKE STEPS TO VERIFY INFORMATION PRESENTED ON OR THROUGH THE SITE, WE DO NOT REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, OR OTHER INFORMATION CONTAINED IN, DISPLAYED ON, LINKED TO OR DISTRIBUTED THROUGH THE SITE OR THE CONTENT THAT OTHER USERS MAY PUBLISH TO THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH OPINION, ADVICE, STATEMENT OR INFORMATION SHALL BE AT YOUR SOLE RISK. WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS ON THE SITE WITHOUT NOTICE TO YOU.

INFORMATION, IDEAS AND OPINIONS EXPRESSED ON OR THROUGH THE SITE SHOULD NOT BE REGARDED AS PROFESSIONAL ADVICE OR OUR OFFICIAL OPINION AND YOU ARE STRONGLY ADVISED TO SEEK PROFESSIONAL ADVICE BEFORE ACTING ON ANY SUCH INFORMATION.

TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES THAT THE CONTENT PUBLISHED TO THE SITE (OR THE SITE THEMSELVES, FOR THAT MATTER) IS FIT FOR ANY PURPOSE OTHER THAN AS A REFERENCE WORK IN RESPECT OF THE CONTENT PROVIDED ON THE SITE.

WHILST WE TAKE REASONABLE PRECAUTIONS IN OUR OPERATION OF THE SITE, YOU AGREE THAT NEITHER WE OR COMPASS WASTE SERVICES' ASSOCIATES SHALL BE LIABLE IN RESPECT OF ANY LOSS, DAMAGE OR DAMAGES HOWEVER ARISING AND WHATEVER THE CAUSE, IN PARTICULAR PURSUANT TO AND IN FURTHERANCE OF THIS AGREEMENT, YOUR ACCESS TO THE SITE OR FROM YOUR INABILITY TO ACCESS THE SITE.

WE WILL USE REASONABLE ENDEAVOURS TO MAKE THE SITE AVAILABLE TO YOU AND TO KEEP THE SITE AVAILABLE TO YOU AT ALL TIMES. HOWEVER, YOU AGREE THAT WE SHALL NOT BE LIABLE IN RESPECT OF ANY LOSS OR DAMAGE CAUSED BY, OR ARISING FROM, THE UNAVAILABILITY OF, ANY INTERRUPTION IN, OR YOUR ACCESS TO, THE SITE (EITHER IN PART OR AS A WHOLE) FOR ANY REASON WHATSOEVER.

Indemnity

You hereby indemnify us and Compass Waste Services' associates from any loss, damage, damages, liability, claim or demand due to, or arising out of, your use of the Site or your breach of these terms and conditions.

We are not responsible for files and data residing on your account or for any contributions that you may have made to the Site. You agree to take full responsibility for files and data transferred and your content, as well as to maintain all appropriate backups of files and data stored on our servers.

Dealings with 3rd parties

Links to and from the Site from and to other websites belonging to or operated by 3rd parties ("linked websites") do not constitute our endorsement of such linked websites or their contents nor do we necessarily associate ourselves with their owners or operators. You are solely responsible for identifying and familiarising yourself with any terms and conditions which will govern your relationship with such third party.

We have no control over linked websites and you agree that we are not responsible or liable for any content, information, goods or services available on or through any such linked websites or for any damage, damages or any other loss caused or alleged to have been caused by, or in connection with, your use of or reliance on any content, information, goods or services available on or through any linked websites. You agree that, in the event that you access linked website, you do so entirely at your own risk.

Your interaction, correspondence or business dealings with 3rd parties which are referred to or linked from or to the Site is similarly entirely at your own risk and are solely between you and such 3rd party including the acquisition, disposal, payment and delivery of any goods or services, and any terms, conditions, warranties or representations associated with such interaction, correspondence or business dealings.

Arbitration

If any dispute arises between Us and You regarding any provision of these Terms and Conditions, or its application or termination, then You and We agree that You and We will attempt to resolve our dispute informally by means of joint co-operation or discussion between the parties directly involved in the dispute within 5 days after that dispute arises or such extended time period as We may agree to with You.

In the event You and We are unable to informally resolve our dispute, that dispute shall be finally resolved in accordance with the Rules of the Arbitration Foundation of Southern Africa by an arbitrator appointed by the Foundation. Arbitration proceedings shall take place in Durban.

This clause shall constitute your irrevocable consent to the arbitration proceedings, and You shall not be entitled to withdraw your consent or to claim that You are not bound by this clause. We may, at our discretion, waive this clause and permit our dispute to be resolved using an alternate dispute resolution process.

Any award that may be made by the arbitrator -

• shall be final and binding;

• will be carried into effect; and

• may be made an order of any court to whose jurisdiction the parties to the dispute are subject.

Notwithstanding the aforegoing, nothing in this clause shall be construed as precluding either party from applying to court for a temporary interdict or other relief of an urgent nature, pending the award of the arbitrator in terms of this clause.

This clause is severable from the rest of this agreement and shall therefore remain of full force and effect even if this agreement is terminated or cancelled for any reason at any time.

Governing law and jurisdiction

The Site are controlled and maintained from our facilities in the KwaZulu-Natal province of the Republic of South Africa. You irrevocably agree that the law of the Republic of South Africa shall govern the Site and these Terms and Conditions.

You consent to the jurisdiction of the KwaZulu-Natal High Court, Durban, South Africa in respect of disputes which may arise out of your Access to the Site and these Terms and Conditions.

You also irrevocably and unconditionally consent to the jurisdiction of the Magistrates' Court even though the value of a claim which We may have against You may exceed the ordinary monetary jurisdiction of the Magistrates' Court.

Legal service of documents and notices

We choose the addresses below for all communication purposes under these Terms and Conditions, whether in respect of court process, notices or other documents or communications of whatsoever nature.

We may monitor your communications

Subject to the provisions of the RIC Act, You agree to permit Us to intercept, block, filter, read, delete, disclose and use all communications that You may send, Post to or using the Site and/or to Our staff and/or employees.

You agree and acknowledge that the consent that You provide above satisfies the "writing" requirement specified in the ECT Act and in the RIC Act.

Severability

Any provision in these Terms and Conditions which is or may become illegal, invalid or unenforceable shall be ineffective to the extent of such prohibition or unenforceability and shall be treated pro non scripto (as if it were not written) and severed from these Terms and Conditions, without invalidating the remaining provisions of these Terms and Conditions.

Termination

If You breach any of these Terms and Conditions, We may immediately, automatically and without notice to You, terminate your Access to the Site, and/or prohibit your future Access to the Site, and/or take appropriate legal action against You (including without limitation, applying for urgent and/or interim relief or claiming damages), without incurring any liability to You of any nature whatsoever and howsoever arising, and all of our rights in this regard are expressly reserved.

Disclosures required by the ECT Act

Access to the Content on or through The Website and The Website itself are classified as "electronic transactions" in terms of the ECT Act and therefore You have the rights detailed in Chapter VII of the ECT Act and We have the duty to the disclose the following information:

Our full name and legal status: Compass Waste Services (Proprietary) Limited, Registration Number 2003/002007/07

Place of registration: Republic of South Africa

Street address: 8 Langford Road, Westville, 3629

Postal address: P O Box 1690, Westville, 3630

Main business: Healthcare risk waste treatment and related products

Website address: www.compasswasteservices.co.za

Official email address: This email address is being protected from spambots. You need JavaScript enabled to view it.

Membership of self-regulatory or accreditation bodies: IWMSA; AMWA, Healthcare Waste Forum

Management: Directors: IC Du Randt (MD), DS Anderson, (Chairman/FD)

 

General terms

You agree that:

• You are bound by these Terms and Conditions;

• this agreement shall be deemed to have been concluded in Durban at the time that You Access the Site for the first time;

• data messages addressed by You to Us shall be deemed to have been -

• received if and when responded to;

• sent by You within the geographical boundaries of the Republic of South Africa;

• You shall be deemed to have been received data messages that We address to You as detailed in section 23(b) of the ECT Act;

• electronic signatures, encryption and/or authentication are not required for valid electronic communications between You and Us;

• as well as warrant that data messages that You send to Us from a computer, IP address or mobile device normally used by You, was sent and/or authorised by You personally.

These Terms and Conditions constitute the whole agreement between You and Us relating to your Access to and use of the Site.

No indulgence, extension of time, waiver or relaxation of any of the provisions or terms of these Terms and Conditions which We may show, grant or allow You shall operate as an estoppel against Us in respect of Our rights under these Terms and Conditions nor shall it constitute a waiver by Us of any of our rights and We shall not thereby be prejudiced or stopped from exercising any of Our rights against You which may have arisen in the past or which might arise in the future.

Nothing in this agreement shall create any relationship of agency, partnership or joint venture between You and Compass Waste Services and You shall not hold Yourself out as the agent or partner of Compass Waste Services or as being in a joint venture with Compass Waste Services.