Terms of Use

1. INTENDED AUDIENCE/USE:

1.1 ECM Technologies provides this web site,www.ecmtech.co.za (the "site") to you, subject to these terms of use. By using this site, you signify your assent to the terms of use recorded herein and agree to be bound by them.

1.2 the terms of use may be updated by ECM Technologies from time to time without notice to you.

1.3 this web site and all the information, communications, downloads, software, scripting, photos, text, video, graphics, music, sounds, images and other materials and services found on the site (collectively "content"), is intended for the lawful use of ECM Technologies’s customers, dealers, employees and members of the general public. The site is controlled and operated in whole or in part by ECM Technologies from its offices within South Africa. ECM Technologies makes no representation that these materials are appropriate or available for use in other locations. Those who access the site do so at their own risk. You acknowledge that ECM Technologies reserves the right in its sole discretion to refuse or terminate access to the site by you at any time.

1.4 if you are under the age of 18, you must ask your parents or guardian before you:

1.4.1 e-mail the site, or ask us to e-mail you anything; or

1.4.2 send in any information; or

1.4.3 enter any contest.

2. RESTRICTIONS ON USE OF CONTENT:

2.1 the unauthorised copying, displaying or other use of any content from this site is a violation of the law.

2.2 you acknowledge having been advised by ECM Technologies that the content is protected in South Africa and internationally by a variety of laws, including but not limited to, copyright laws and treaty provisions, trademark laws, patent laws, and other proprietary rights laws (collectively "rights").

2.3 in addition to ECM Technologies’s rights in individual elements of the content, ECM Technologies or its licensors own a copyright in the selection, coordination and arrangement of the content.

2.4 you are hereby granted permission to access the content from the site in whole or in part, solely for your personal, non-commercial use of viewing and browsing through the site or ordering products or services from the site. This permission terminates automatically if you breach any of the web site terms of use. Use of the content is limited to use authorised in terms of the site. All other use of content from the site, including, but not limited to uploading, downloading, modification, publication, transmission, participation in the transfer or sale of, copying, reproduction, republishing, creation of derivative works from, distribution, performance, display, incorporation into another web site, reproducing the site (whether by linking, framing or any other method), or in any other way exploiting any of the content, in whole or in part, or downloading and using software repeatedly for uses other than those expressly permitted may not be made without ECM Technologies’s prior express written consent. By posting content on the site, you are giving ECM Technologies the right to display such content on the service and to use such content for promotional and marketing purposes.

3. TRADEMARKS AND SERVICE MARKS:

There are a number of proprietary logos, service marks, trademarks, slogans and product designations found on this site. By making them available on this site, ECM Technologies is not granting you a license to use them in any fashion. Access to this site does not confer upon you any license under any of ECM Technologies’s or any third party's intellectual property rights.

4. PRIVACY AND SECURITY:

All personal information obtained by ECM Technologies through your use of this website is protected as set out in our privacy policy.

5. LINKS

5.1 no person, business or web site may link to any page on this site without the prior written permission of ECM Technologies.

5.2 this site may provide links to other third-party world wide web sites or resources. ECM Technologies makes no representations whatsoever about any other web site which you may access through this site. Because ECM Technologies has no control over such sites and resources, you acknowledge and agree that ECM Technologies is not responsible for the availability of such external sites or resources and is not responsible or liable for any content, advertising, products, services or other materials on or available from such sites or resources. ECM Technologies makes no representation or warranty as to any third party content, products or services, and you agree that ECM Technologies 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 third-party content, products or services available on or through any such site or resource.

6. PARTICIPATION IN PROMOTIONS, COMPETITIONS AND OTHER SITE ACTIVITIES:

If you choose to participate in a promotion, competition or other ECM Technologies-sponsored activity ("website activity"), you agree to comply with any rules or regulations governing such website activity.

7. TRANSMITTED MATERIAL

Internet transmissions are never completely private or secure. You understand that any message or information you send to the site may be intercepted by others, unless such message or information is encrypted. Sending a message to ECM Technologies does not cause ECM Technologies to have a special responsibility to you.

8. DISCLAIMER OF WARRANTY

8.1 ECM Technologies does not warrant or make any representations regarding the availability, use, timeliness, security, validity, accuracy, reliability, results of use, the content of the site or any other web sites linked to or from the site.

8.2 although ECM Technologies intends to take reasonable steps to prevent the introduction of viruses, worms, "trojan horses" or other destructive materials to this site, it does not guarantee or warrant that this site or materials that may be downloaded from this service do not contain such destructive features. Any material downloaded or otherwise obtained through the use of the site is done at your own discretion and risk and you are solely responsible for any damage to your computer system or loss of data that results from the download of any such material, or use of this site.

8.3 the content of the site is provided "as is" and on an "as available" basis, without warranties of any kind either express or implied. The site has not been compiled or supplied to meet the user’s individual requirements and it is your sole responsibility to satisfy yourself that the service available from this website will meet your needs and requirements prior to entering into any agreement with ECM Technologies.

8.4 to the fullest extent possible pursuant to applicable law, ECM Technologies disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or other violation of rights. No advice or information, whether oral or written, obtained by you from ECM Technologies shall be deemed to alter this disclaimer of warranty, or to create any warranty.

9. LIMITATION OF LIABILITY:

ECM Technologies will not be liable for any damages of any kind arising out of or relating to the use or the inability to use this site, its content or links, including but not limited to damages caused by or related to errors, omissions, interruptions, defects, delay in operation or transmission, computer virus, line failure, and all other direct, indirect, special, incidental or consequential damages even if ECM Technologies has been advised of the possibility of such damages.

10. INDEMNITY

You agree to indemnify and hold harmless ECM Technologies, its directors, officers, shareholders, managers, employees, family members, subsidiaries, affiliates, contractors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this agreement.

11. ADDRESS FOR SERVICE

The address for service for all purposes relating to these terms of use including the giving of any notice, the serving of any process, is ECM Technologies, 18 Eighteenth Street, Hazelwood, Pretoria, Gauteng, South Africa.

12. GENERAL

12.1 ECM Technologies may modify, suspend, withdraw or discontinue, temporarily or permanently, the content, in whole or in part, at any time without notice. You agree that ECM Technologies shall not be liable to you or to any third party for any modification, suspension, withdrawal or discontinuance of the content. ECM Technologies may at any time revise these website terms and conditions by updating this posting. By using the site, you agree to be bound by any such revisions and you agree to periodically visit this page to determine the then current website terms and conditions to which you are bound.

12.2 these terms shall be governed by and construed in accordance with the laws of the republic of South Africa without giving effect to any principles of conflict of law.

12.3 you hereby consent to exclusive jurisdiction of the high court of South Africa in respect of any disputes arising in connection with the services referred to herein, or the terms or any matter related to or in connection therewith.

13. FULL ELECTRONIC COMMUNICATIONS DISCLAIMER

Every effort is made to provide accurate and complete information. However, given the substantial amounts of information for our communications at the time of dissemination, often uploaded within short deadlines, we cannot guarantee that there will be no errors. We therefore accept no responsibility for any loss or damage which may arise from reliance on information contained in any communication sent. Neither ECM Technologies, nor its holding company ECM Technologies, nor their employees and contractors, nor their subsidiaries and affiliates make any warranty with respect to the accuracy of any information expressed or implied in any communication. The information in this communication (which includes any files transmitted with it) is confidential and may be legally privileged. It is intended solely for the addressee. Access to this e-mail by anyone else is unauthorised. If you are not the intended recipient, any disclosure, copying, distribution or any action taken or omitted to be taken in reliance on it, is prohibited and may be unlawful. When addressed to our clients any opinions or advice contained in this communication are subject to the terms and conditions expressed in any governing client engagement letter. The contents of an attachment to this e-mail may contain software viruses which could damage your own computer system. While ECM Technologies has taken every reasonable precaution to minimise this risk, we cannot accept liability for any damage sustained as a result of software viruses. You should carry out your own virus checks before opening the attachment. Copyright in this e-mail and any document created by us will remain vested in us and will not be transferred to you. We assert the right to be identified as the author of and to object to any misuses of the contents of this communication or such documents.

14. UNSUBSCRIBE

We at ECM Technologies make it our business to educate and inform you! However, should you not wish to receive any further communications from us, you can unsubscribe from our info-mailers and special offers by sending an e-mail noting such intent to info@ecmtech.co.za.