These terms and conditions (“Terms”) apply to the website located at www.neurozone.com (the “Website”). The Website are owned and operated by Neurozone Proprietary Limited (registration number 2012/018381/07) (“Neurozone”).
These Terms are binding on everyone who chooses to access the Website and without qualification or exception. By using this Website, the person accessing the Website (the “User”) agrees to be bound by and shall be regarded to have accepted to abide by these Terms, and acknowledges to have read and understood them. If the User does not agree to any of the Terms, the User should not enter, view or make use of the Website.
The User warrants that the User is legally capable of entering into binding contracts. If the User is a minor, the User warrants that the User has obtained his/her parent or guardians consent to agree to these Terms.
Neurozone reserves the right to and may occasionally make any changes to these Terms without notifying the User. If the User continues to use this Website, after the changes have been made, this action shall represent the User’s agreement to the updated Terms.
No content that is illegal, unlawful, obscene, defamatory, discriminatory, disparaging of others, derogatory, inflammatory, harassing, insulting, offensive or likely to promote violence or hatred against others or that contains abusive, offensive or profane language may be posted on the Website nor may such content be associated in linking to the Website.
Any material uploaded by the User to the Website will be considered to be in the public domain and anyone can produce or distribute them and in doing so the User grants Neurozone a non-exclusive, royalty free, sub-licensable license to use, copy, adapt, distribute and reveal to third parties any such material for any purpose in any form throughout the world without any time limitation.
The Website may contain links to other websites. Neurozone has no control over such websites and does not review their content and will not be responsible for their content or accuracy. The User accesses such websites at the User’s own risk and judgment.
The User may not link to this Website, without Neurozone’s prior written consent.
Although every effort will be made to have this Website available at all times, the Website may become unavailable due to maintenance or repairs, loss of connectivity or some other form of interruption. Neurozone does not warrant against nor will it be held legally responsible for such downtime and is hereby indemnified from any loss, damage, claims, costs or penalties incurred as a result of such unavailability.
By gaining entry to this Website the User represents and warrants that he owns and/or otherwise controls all of the rights to the content that he posts and/or uploads. Furthermore, the User represents and warrants that the content submitted to the Website is accurate; can be used; and will not result in injury, insult any person or violate any clause of these Terms or any law. Neurozone is therefore indemnified from and against any and all loss by any person which results from a violation of these representations or warranties.
Any commentary, advice, information, suggestions, opinions, answers or any other information posted on the Website is not intended to nor shall it be interpreted to amount to advice on which a User should rely. Such items are posted merely to guide the User on the subject of discussion. The User makes use of any such information at the User’s own risk and in the User’s own discretion. The User indemnifies Neurozone from and against any and all liability and responsibility arising from the User relying on such information whether posted on the Website or by any other person visiting the Website.
The Website and all information, content, materials and services included or otherwise made available to the User in it or provided on an “as is” and on an “as available” basis.
Neurozone does not warrant, whether expressly or impliedly, in regard to the Website, its contents, accuracy or availability. Without taking away from anything that has been previously said, Neurozone does not warrant that the Website or any files that may be downloaded from it are free of viruses, worms, trojan horses or any other code that have malicious, contaminating or destructive properties.
The User takes all responsibility and risk for making use of the Website. Despite anything to the contrary contained in these Terms, Neurozone will have no liability for any loss, damage, cost, claim or penalty of whatsoever nature including, but not limited to, indirect and consequential loss or damage and loss of profits, however arising out of or in connection with these Terms, Website, whether caused by latent or patent defects in the Website, the use of the Website and/or information contained on the Website or otherwise.
Neurozone shall not be liable for and the User hereby indemnifies Neurozone against any and all liability of any nature whatsoever suffered by the User or any third party in relation to any act or omission by the User or, where applicable, the User’s shareholders, members, directors, officers, employees, representatives, agents or assigns or any third party in relation to the Website, and the use thereof by the User, and/or arising from the provisions of these Terms.
Neurozone will not be liable for any delay, failure, violation or non-compliance with its obligations under these Terms if such delay, failure, violation or non-compliance is beyond the reasonable control of Neurozone.
These Terms do not intend to, nor shall they be interpreted to, limit the liability of Neurozone in any way which would be against the law for Neurozone to exclude or attempt to exclude or where such exclusion is banned by any law in force from time to time in the Republic of South Africa.
The User shall not infect the Website with viruses, worms, trojan horses or any other code that has malicious, contaminating or destructive properties nor shall the User damage, interfere with or intercept any data or information contained on the Website.
Although Neurozone and its representatives will use reasonable efforts to ensure that no malicious content can be received from the Website, Neurozone does not warrant that the Website are free of malicious content or viruses and Neurozone will not be held liable for any loss resulting from a distributed denial-of-service attack, or any malicious content which may infect any User’s computer or device, computer equipment, data or any other propriety material where such loss is or may be attributed to the User’s use of the Website or downloads received from the Website.
The User warrants that he/she will not use the Website in any manner that will break any law or cause any annoyance, unnecessary anxiety or inconvenience to any person.
If the User chooses or is provided with identification codes, usernames, passwords or any similar form of identification information as part of the Website’s security systems, such User must keep this information secret and confidential and must not permit anyone else to use it. The User shall be responsible for all access to the Website with the User’s username and password. When the User’s username and password have been used in order to gain access to the Website, Neurozone shall be entitled to assume that such use and all related communications emanate from the User. Neurozone shall not be liable for any loss or damage arising from unauthorized use of the User’s identification information.
In the event that the User becomes aware of a breach of the confidentiality of the User’s username and password, the User must immediately communicate this to Neurozone with subsequent confirmation in writing. The compromised username and password will be deactivated as soon as reasonably possible and a new username and password will be issued to the User. Neurozone may, in its sole and absolute discretion and for any reason whatsoever, require the User to change his username and password at any time.
The User accepts that Neurozone and its licensors are the owners of any and all copyright, trademarks and other intellectual property connected with, related to or appearing on the Website (“Intellectual Property”).
The content of the Website is protected by South African and international law. The owners of such content reserve all such rights therein unless provided otherwise in these Terms.
The User may not use or copy any of the Intellectual Property or any other intellectual property, content or material on the Website without Neurozone’s prior written consent.
The entire provisions of these Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa. Furthermore, the parties to these Terms hereby irrevocably and unconditionally consent to the non-exclusive jurisdiction of the courts of the Republic of South Africa with regards to all matters arising from this Agreement.