SOLUTION-CENTRE.COM and ASSOCIATED WEBSITES DISCLAIMER
The Solution Centre and its affiliates are offering the writings here as entertainment only, pursuing no agenda and promoting no personal philosophy. By viewing this website you agree to fully abide by this disclaimer, and if you don’t agree please leave immediately and silently, nobody is coercing you to stay on and view it. It is unqualified artwork which is published on own own website. Therefore this website is provided “as is” and The Solution Centre makes no representations or warranties – express or implied – in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, The Solution Centre does not warrant that:
* this website will be constantly available, or available at all; or
* the information on this website is complete, true, accurate or non-misleading; or
* he is the only person that makes changes or updates; or
* the information on this website is monitored or watched; or
* the information will not be updated or deleted without warning or notice
Nothing on this website constitutes, or is meant to constitute:
* hurt, injury, defamation, slander, insult, damage to good reputation, lies, untruths, directly or indirectly; or
* advice of any kind. If you require advice in relation to any legal, financial, internet or medical matter you should consult an appropriate professional; or
* endorsement of any product or website or tacit encouragement; or
* breach of any existing contract or agreement.
Limitations of liability
The Solution Centre will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
* to the extent that the website is provided free-of-charge, for any direct loss;
* for any indirect, special or consequential loss; or
* for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if The Solution Centre has been expressly advised of the potential loss.
Exceptions
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit The Solution Centre’s liability in respect of any:
* death or personal injury caused by The Solution Centre’s negligence;
* fraud or fraudulent misrepresentation on the part of The Solution Centre; or
* matter which it would be illegal or unlawful for The Solution Centre to exclude or limit, or to attempt or purport to exclude or limit, its liability.
Reasonableness
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.
Other parties
You accept that, as a limited liability entity, The Solution Centre has an interest in limiting the personal liability of his family and friends, officers and employees. You agree that you will not bring any claim personally against The Solution Centre’s family, friends, officers, employees or associates in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect The Solution Centre’s friends and family, officers, employees, agents, subsidiaries, successors, assigns and sub-contractors (singularly and plurally, male or femaile) as well as The Solution Centre.
Other parties may link to or from this website or participate in comments and replies with or without the explicit knowledge or visibility of the website, and The Solution Centre shall in no way whatsoever be expected to know about the content of such links. The opinions and publications of other parties are solely their own responsibility and The Solution Centre does not necessarily agree with such. The Solution Centre also doesn’t endorse or encourage such other websites.
Unenforceable provisions
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
Notice of Intention to Take Action
Notwithstanding any of the foregoing and without prejudice to all the foregoing, you agree to inform The Solution Centre if you find any part of this site offensive or otherwise unacceptable of your intention to take action before you initiate such action and incur costs to allow for the possibility that a remedy might be duly developed and all parties be satisfied.
E & O E
Errors and Omissions are Excluded and Exempted
Email Warnings and Disclaimers
You have accessed this webpage by clicking on the warnings and disclaimer hyperlink appearing on an email sent to you by an official from The Solution Centre in South Africa (“the email”). The full text of the warnings and disclaimers appears below and is legally incorporated into the email in terms of the South African Electronic Communications and Transactions Act, 25 of 2002, and is binding on the recipient and any other persons or entities who have sight of the email.
Email Usage: Confidentiality and Disclaimer Warnings
This email and any files or attachments transmitted with it are confidential and intended solely for the use of the individual or entity to whom, or to which they are addressed. If you are not the intended recipient of this email (or such person’s authorised representative), please notify the sender of this email immediately by return e-mail, facsimile or telephone and delete this message, together with any, and all attachments from your computer. If you are not the intended recipient then you may not, furthermore, print, store, forward or copy this message or any part thereof or disclose or cause information in this message to be disclosed to any other person, nor rely, or cause to be relied, on the information contained herein.
Warning concerning privilege and authority to bind
The information in or attached to this email message is confidential and may be subject to legal privilege and client confidentiality. Nothing in this message constitutes an offer, warranty or representation from the company. While The Solution Centre may be entitled to rely on and hold you to your offers, warranties, representations or other statements made in or attached to this message, our employees or representatives may not conclude agreements or otherwise bind our company via email unless the email is sent by a duly appointed officer of The Solution Centre. In the event of any doubt, recipients of The Solution Centre email should confirm with the sender whether the sender has the necessary authority to bind the company, and if necessary, may request that the sender’s superior confirm this in writing prior to concluding any agreement via email.
Disclaimer concerning viruses
Although The Solution Centre has taken reasonable precautions to ensure no viruses are present in this email, the company cannot accept responsibility for any loss or damage arising from the use of this email or attachments resulting from malicious software code or viruses contained in this message or attachments, including data corruption resulting there from. The Solution Centre warns all recipients that computer viruses can be transmitted via email. E-mail transmission cannot be guaranteed to be secure or error-free as information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete, or contain viruses. The recipient should check this email and any attachments for the presence of viruses.
Disclaimer concerning sending of spam
The Solution Centre and the employees are prohibited from sending unsolicited messages (“spam”). If this email contains spam then the employee has acted outside the scope of her or his employment with The Solution Centre for which the company accepts no liability whatsoever. Disciplinary action will be taken against such employees in addition to any legal action that may be instituted against such employees either by the company, regulatory authorities and/or other external parties. If you regard this message as spam, please inform The Solution Centre immediately by sending an email to abuse@leonuys.co.za
Disclaimer concerning sending of offensive, derogatory or defamatory matter
The Solution Centre and the employees are prohibited from sending messages containing offensive, derogatory or defamatory statements or materials. If this email contains such matters then the employee has acted outside the scope of her or his employment with The Solution Centre for which the company accepts no liability whatsoever, and only the sender can be held liable in his/her personal capacity. See also “Disclaimer concerning personal usage of email”.
Disclaimer concerning personal usage of company email
The usage of company infrastructure including email and internet facilities is intended for company work-related product. The Solution Centre is cognisant however, that company personnel do make use of such facilities for personal reasons. Personnel do so, however, on the understanding that they may not use these facilities to bring the company into disrepute, commit unlawful acts or in any other way to harm the interests of the company. The Solution Centre does not accept any liability to recipient(s), either within The Solution Centre or external to The Solution Centre, for the actions of its employees when acting in a personal capacity and disclaims any liability for the contents of email sent by company employees using company facilities that contain partial or complete personal content. For the purposes of this policy the terms “personal usage”, “personal reasons” and “personal content” refers to the usage of company facilities such as email to convey messages to a recipient(s), be it within The Solution Centre or external to The Solution Centre, that is not company work-related product.
Notice concerning monitoring of email
The Solution Centre and the employees making use of company facilities to send and receive emails, and the recipients or senders of such emails, are informed that the company has the right to monitor the use of its facilities including the contents of emails sent and received by employees. The company endeavours to protect the privacy rights of its employees provided that such rights do not impair, harm or threaten the rights of the company and its legitimate interests, or any laws, rules and/or regulations of external authorities that may be binding on the company.
Implications of Section 11(3) of the South African “Electronic Communications and Transactions Act”
All company emails contain an abridged disclaimer which is linked to this page of the company website which contains the entire disclaimer. The entire disclaimer is deemed to form part of the email contents in terms of Section 11(3) of the South African “Electronic Communications and Transactions Act”, Act 25 of 2002, which reads as follows:
“11. (3) Information incorporated into an agreement and that is not in the public domain is regarded as having been incorporated into a data message if such information is –
1. referred to in a way in which a reasonable person would have noticed the reference thereto and incorporation thereof; and
2. accessible in a form in which it may be read, stored and retrieved by the other party, whether electronically or as a computer printout as long as such information is reasonably capable of being reduced to electronic form by the party incorporating it.”
General
Unless otherwise agreed: (a) The Solution Centre is only deemed to have received an email once the recipient has confirmed receipt thereof to you; (b) the company deems to have sent an email once reflected as sent on our email server.
For the purposes of this Confidentiality and Disclaimer Warning in respect of the usage of The Solution Centre email, the term employee refers to any person, whether employed on a permanent, temporary or contract basis who has access to email services provided by The Solution Centre.
Our corporate information and names of our office bearers, including directors can be accessed here.
This disclaimer applies to the original message, any attachments and all subsequent messages or attachments The Solution Centre may send. If you have any questions on this policy, please contact The Solution Centre.
Copies of the Electronic Communications and Transactions Act, and Regulation of Interception and Monitoring of Communications Act are available from the South African government website at www.gov.za/acts/index.html.
Actions for breach of this policy by company personnel
At the sole discretion of The Solution Centre, disciplinary action may be taken against employees who breach the terms of this policy, and punishment may include, amongst other things, suspension or termination of employment. In addition, legal action may be instituted against such employees by the company, regulatory authorities and/or other external parties.
This website disclaimer is based on a precedent created by template-contracts.co.uk and published by freenetlaw.com and legal advice from Cyberlaw Consulting in South Africa