TERMS OF USE

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BY USING THE PAGEMARK AFRICA WEBSITES, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THE PAGEMARK AFRICA WEB SITES.

Welcome to the Pagemark Africa website (the “Site”). Through the Site, you have access to a variety of resources and content. These include: Web pages, data, messages, text, images, photographs, graphics, audio and video content, and documents such as press releases, white papers and product data sheets.

By accessing or using the Site or the Content provided on or through the Site, you agree to follow and be bound by the following terms and conditions concerning your access to and use of the Site and the Content provided on or through the Site (“Terms of Use”) and our PRIVACY POLICY. Pagemark Africa may revise the Terms of Use and Privacy Policy at any time without notice to you. The revised Terms of Use and Privacy Policy will be effective when posted.

1. Use of Software

Your use of Software is subject to all agreements such as a license agreement or user agreement that accompanies or is included with the Software, ordering documents, exhibits, and other terms and conditions that apply (“License Terms”). In the event that Software is provided on or through the Site and is not licensed for your use through License Terms specific to the Software, you may use the Software subject to the following: (a) the Software may be used solely for your personal, informational, noncommercial purposes; (b) the Software may not be modified or altered in any way; and (c) the Software may not be redistributed.

2. Reservation of Rights

The Site and Content provided on or through the Site are the intellectual property and copyrighted works of Pagemark Africa or a third party provider. All rights, title and interest not expressly granted with respect to the Site and Content provided on or through the Site are reserved. All Content is provided on an “As Is” and “As Available” basis, and Pagemark Africa reserves the right to terminate the permissions at any time.

3. Your Content

You agree that you will only upload, share, post, publish, transmit, or otherwise make available (“Share”) on or through the Site Content that you have the right and authority to Share and for which you have the right and authority to grant to Pagemark Africa all of the licenses and rights set forth herein.

Pagemark Africa does not want to receive confidential information from you through or in connection with the Site. Notwithstanding anything that you may note or state in connection with Sharing Content, it shall not be considered confidential information and shall be received and treated by Pagemark Africa on a non-confidential and unrestricted basis.

4. Security, Passwords and Means of Accessing the Site and Content

You agree not to access or use the Site in any manner that could damage, disable, overburden, or impair any Pagemark Africa accounts, computer systems or networks. You agree not to attempt to gain unauthorized access to any parts of the Site or any Pagemark Africa accounts, computer systems or networks. You agree not to interfere or attempt to interfere with the proper working of the Site or any Pagemark Africa accounts, computer systems or networks. You agree not to use any robot, spider, scraper or other automated means to access the Site or any Pagemark Africa accounts, computer systems or networks.

You are responsible for maintaining the confidentiality of password(s) and account information, and you are responsible for all activities that occur under your password(s) or account(s) or as a result of your access to the Site. You agree to notify Pagemark Africa immediately of any unauthorized use of your password(s) or account(s).

5. No Unlawful or Prohibited Use

You agree not to use the Site or Content provided on or through the Site for any purpose that is unlawful or prohibited by these Terms of Use, or the rules, guidelines or terms of use posted for a specific area of the Site or Content provided on or through the Site.

6. Indemnity

You agree to indemnify and hold harmless Pagemark Africa, its officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys’ fees and costs, due to or arising out of Content that you Share, your violation of the Terms of Use or any additional rules, guidelines or terms of use posted for a specific area of the Site or Content provided on or through the Site, or your violation or infringement of any third party rights.

7. Monitoring

Pagemark Africa has no obligation to monitor the Site or screen Content that is on the Site. However, Pagemark Africa reserves the right to review the Site and Content and to monitor all use of and activity on the Site, and to remove or choose not to make available on or through the Site any Content at its sole discretion.

8. Termination of Use

Pagemark Africa may, in its sole discretion, at any time discontinue providing or limit access to the Site, any areas of the Site or Content provided on or through the Site. You agree that Pagemark Africa may, in its sole discretion, at any time, terminate or limit your access to or use of the Site or any Content. Pagemark Africa will terminate or limit your access to or use of the Site if, under appropriate circumstances, you are determined to be a repeat infringer of third party copyright rights. You agree that Pagemark Africa shall not be liable to you or any third-party for any termination or limitation of your access to or use of the Site or any Content.

9. Third Party Web Sites, Content, Products and Services

The Site provides links to Web sites and access to Content, products and services of third parties, including users, advertisers, affiliates and sponsors of the Site. Pagemark Africa is not responsible for third party Content provided on or through the Site and you bear all risks associated with the access and use of such Web sites and third party Content, products and services.

10. Disclaimer

EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SITE, AND ALL CONTENT PROVIDED ON OR THROUGH THE SITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. PAGEMARK AFRICA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE SITE AND ALL CONTENT PROVIDED ON OR THROUGH THE SITE. PAGEMARK AFRICA MAKES NO WARRANTY THAT: (A) THE SITE OR CONTENT WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY CONTENT PROVIDED ON OR THROUGH THE SITE WILL BE ACCURATE OR RELIABLE.

PAGEMARK AFRICA SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF CONTENT.

PAGEMARK AFRICA RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO, AND MONITOR THE USE OF, THE SITE AND CONTENT PROVIDED ON OR THROUGH THE SITE AT ANY TIME WITHOUT NOTICE.

11. Limitation of Liability

IN NO EVENT SHALL PAGEMARK AFRICA BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THE SITE OR ANY CONTENT PROVIDED ON OR THROUGH THE SITE.

12. Exclusions and Limitations

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES. TO THE EXTENT THAT THEY ARE HELD TO BE LEGALLY INVALID, DISCLAIMERS, EXCLUSIONS AND LIMITATIONS SET FORTH IN THESE TERMS OF USE, INCLUDING THOSE SET FORTH IN SECTIONS 13 AND 14, DO NOT APPLY AND ALL OTHER TERMS SHALL REMAIN IN FULL FORCE AND EFFECT.

13. Privacy Policy

Pagemark Africa is concerned about your privacy and has developed a policy to address privacy concerns. For more information, please see Pagemark’s PRIVACY POLICY. Any personal information collected on this Site may be accessed and stored globally and will be treated in accordance with the Privacy Policy.

14. Note About Minors

Minors are not eligible to use the Site, and we ask that they do not submit any information to us.

15. Export Restrictions/Legal Compliance

You may not access, download, use or export the Site, or the Content provided on or through the Site, in violation of African export laws or regulations, or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any South African or foreign agency or authority, and not to directly or indirectly provide or otherwise make available the services and products of Pagemark Africa in violation of any such restrictions, laws or regulations, or without all necessary approvals.

16. Applicable Laws

All matters relating to your access to, and use of, the Site and Content provided on or through or uploaded to the Site shall be governed by African laws. Any legal action or proceeding relating to your access to, or use of, the Site or Content shall be instituted in a state or federal court in South Africa. You and Pagemark Africa agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.

17. Copyright/Trademark

Pagemark Technology and Pelta are registered trademarks of Pagemark Technology. Other names appearing on the Site may be trademarks of their respective owners.

18. Contact Information

If you have any questions regarding these Terms of Use, please contact Pagemark Africa at info@pagemarkafrica.com . If you have any other questions, contact information is available at the Contact Us page on the Site.

For more information email us at info@pagemarkafrica.com