The following are terms of legal agreement between any user (“you” or “User”) of this Website or Database, and Ferradini Property Group(Pty) Ltd (“Ferradini Property Group”). By accessing, browsing and using this Website or Database, you acknowledge having read, understood and hereby agree to be bound by these terms and conditions, as modified or amended from time to time and each time you access the Website or Database, you reconfirm your agreement. If you do not agree to these terms and conditions, you may elect not to access the Website or Database. This Agreement is effective from the day you initially access the Database or Website until such time as you cease to be an authorised User, supplier or client of Ferradini Property Group.
1. Definitions. For the purpose of this Agreement, the following definitions shall apply:
(i) Website. The website means all information, content, concepts, program interfaces, structures, functionality computer code, published materials, electronic documents, graphic files and other technology inherent in any Ferradini Property Group World Wide Web site.
(ii) Database(s). The Database means all information accessible from Ferradini Property Group through the website, which may include, but is not limited to, data structures, technical and other specifications, pricing, advice, and other data and information. All data and other information available on the Databases(s) may be proprietary, confidential and the sole property of Leaf Capital or third parties licensing such information to Ferradini Property Group.
2. Security. Reasonable precautions have been exercised in establishing this website or database(s) in order to prevent unauthorised use or tampering with your Customer and Supplier files.
3. Trademarks. The trademarks, service marks, and logos (the “Trademarks”) used and displayed on the website or databases are unregistered Trademarks if Ferradini Property Group and others. Nothing on the website or databases should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the website or databases, without the permission of the Trademark owner. Trademarks of Ferradini Property Group may not be used in any way, without prior written permission of Ferradini Property Group. Ferradini Property Group’s databases without prior written permission of Ferradini Property Group.
4. Copyrights. Except as stated herein, none of the material on the website may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form otherwise, without the prior written permission of Ferradini Property Group or the copyright owner. You also may not, without prior permission from Ferradini Property Group, “mirror” any material contained within this website or databases or any other site associated with Ferradini Property Group.
5. Controlling Law. This Terms of Access and your use of the Website or databases are governed by the applicable laws of Australia. The venue for any disputes arising out of this Agreement shall be, at Ferradini Property Group’s sole and exclusive option, the courts with proper jurisdiction at Ferradini Property Group’s headquarters, or the courts with proper jurisdiction at your location.
6. Prohibited Uses. You agree that you shall not use the databases or website to do any of the following: (i) restrict or inhibit any other user from using and enjoying the Internet, website or databases; (ii) post or transmit any unlawful, illegal, obscene or pornographic information of any kind, including, without limitation, any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, provincial, national or international law, including, without limitation, the Electronic Communications Act and regulations; (iii) knowingly post or transmit any information, software, or malware which contains a virus, worm, Trojan horse or other harmful component; (iv) upload, post, publish, transmit, reproduce, distribute or participate in the transfer or sale, or in any way exploit any information, software or other material obtained through the website or databases which is protected by copyright or other proprietary right or derivative works with respect thereto, without obtaining permission of the copyright owner or right holder.
7. Indemnity. You agree to defend, indemnify and hold Ferradini Property Group and it’s affiliates, and its and their directors, employees and agents harmless from any and all liabilities, costs and expenses, including reasonable attorneys’ fees related to or arising from (a) the use of the databases or website or the placement or transmission of any message, information, software or other material on the website by you; (b) negligent acts or omissions by you in connection with the installations, use or maintenance of the databases or website; (c) claims for infringement of patents arising from the use of the databases or website by you; (d) misuse of Trademarks; and € claims of copyright infringement resulting from the use of the databases or website by you.
8. Monitoring. Ferradini Property Group may elect to electronically monitor your use and access and may disclose its findings or records of such use (i) to satisfy any law, regulation or government request, or (ii) to protect the rights or property of Ferradini Property Group, its Users, Sponsors, Providers, Licensors or Merchants.
9. Access only. The terms of this Agreement are applicable only to your electronic access and associated use of Ferradini Property Group website and/or database(s). All purchases, or other transactions between you and Ferradini Property Group, including those which you may enter into via electronic methods, are governed by and subject to their respective terms and conditions and not by the provisions of this Agreement.
10. Notices. Any consent, notice or report required or permitted to be given or made under this Terms of Access by one party to the other party shall be in writing and delivered to the other party as its address indicated below, or to such other address as the addressee shall have last furnished in writing to the addressor. Any such content, notice or report shall be effective upon receipt by the addresses.
11. Miscellaneous. Users may not use the website or databases to send unsolicited advertising, promotional material or other forms of solicitation to other Users except in those specified areas that are designated for such a purpose. Each electronic entry carries the computer coding of the Internet provider through which the individual user can be traced.
12. Survival of Obligations. The obligations concerning protection of confidential information and use of information shall survive termination of this Agreement.
13. Waiver and Severability. Failure to enforce any of the provisions of this Terms of Access will not be construed as a waiver of such provisions. If any of the provisions of this Terms of Access are held unlawful or otherwise ineffective by a court of competent jurisdiction, the remainder of the Agreement will remain in full force.
14. Entire Agreement. This Terms of Access contains the entire agreement between the parties with respect to accessing the website or databases of Ferradini Property Group.