TERMS AND CONDITIONS


Introduction

These terms and conditions govern your use of this website and related IT applications; by using this website, you accept these terms and conditions in full.   If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website and related IT applications.

This website and related IT applications uses cookies.  By using this website and related IT applications and agreeing to these terms and conditions, you consent to our Omnistall use of cookies in accordance with the terms of Omnistall privacy policy a copy of which you can find on http://www.omnistall.com/Terms/Privacy_Policy.html.

License to use website and related IT applications

Unless otherwise stated, Omnistall and/or its licensors own the intellectual property rights in the website and related IT applications and material on the website and related IT applications.  Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website and related IT applications for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions. 

You must not:

republish material from this website and related IT applications (including republication on another website and related IT applications);
sell, rent or sub-license material from the website and related IT applications;
show any material from the website and related IT applications in public;
reproduce, duplicate, copy or otherwise exploit material on this website and related IT applications for a commercial purpose;
edit or otherwise modify any material on the website and related IT applications; or
redistribute material from this website and related IT applications except for content specifically and expressly made available for redistribution.


Acceptable use

You must not use this website and related IT applications in any way that causes, or may cause, damage to the website and related IT applications or impairment of the availability or accessibility of the website and related IT applications; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website and related IT applications to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website and related IT applications without Omnistall express written consent.

You must not use this website and related IT applications to transmit or send unsolicited commercial communications.


Restricted access

Access to certain areas of this website and related IT applications is restricted.  Omnistall reserves the right to restrict access to other areas of this website and related IT applications, or indeed this entire website and related IT applications, at Omnistalls discretion.

If Omnistall provides you with a user ID and password to enable you to access restricted areas of this website and related IT applications or other content or services, you must ensure that the user ID and password are kept confidential. 

Omnistall may disable your user ID and password in Omnistall sole discretion without notice or explanation.

User content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website and related IT applications, for whatever purpose.

You grant to Omnistall a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media.  You also grant to Omnistall the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or Omnistall or a third party (in each case under any applicable law). 

You must not submit any user content to the website and related IT applications that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

Omnistall reserves the right to edit or remove any material submitted to this website and related IT applications, or stored on Omnistall servers, or hosted or published upon this website and related IT applications.

Notwithstanding Omnistall rights under these terms and conditions in relation to user content, Omnistall does not undertake to monitor the submission of such content to, or the publication of such content on, this website and related IT applications.

No warranties

This website and related IT applications is provided “as is” without any representations or warranties, express or implied.  Omnistall makes no representations or warranties in relation to this website and related IT applications or the information and materials provided on this website and related IT applications. 

Without prejudice to the generality of the foregoing paragraph, Omnistall does not warrant that:

this website and related IT applications will be constantly available, or available at all; or
the information on this website and related IT applications is complete, true, accurate or non-misleading.

Nothing on this website and related IT applications constitutes, or is meant to constitute, advice of any kind.  If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.

Limitations of liability

Omnistall 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 and related IT applications:

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 Omnistall has been expressly advised of the potential loss.

Exceptions

Nothing in this website and related IT applications disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website and related IT applications disclaimer will exclude or limit Omnistall liability in respect of any:

death or personal injury caused by Omnistall negligence;
fraud or fraudulent misrepresentation on the part of Omnistall; or
matter which it would be illegal or unlawful for Omnistall to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website and related IT applications, you agree that the exclusions and limitations of liability set out in this website and related IT applications disclaimer are reasonable. 

If you do not think they are reasonable, you must not use this website and related IT applications.

Other parties

You accept that, as a limited liability entity, Omnistall has an interest in limiting the personal liability of its officers and employees.  You agree that you will not bring any claim personally against Omnistall officers or employees in respect of any losses you suffer in connection with the website and related IT applications.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website and related IT applications disclaimer will protect Omnistall officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Omnistall.

Unenforceable provisions

If any provision of this website and related IT applications disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website and related IT applications disclaimer.

Indemnity

You hereby indemnify Omnistall and undertake to keep Omnistall indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Omnistall to a third party in settlement of a claim or dispute on the advice of Omnistall legal advisers) incurred or suffered by Omnistall arising out of any breach by you of any provision of these terms and conditions[, or arising out of any claim that you have breached any provision of these terms and conditions].

Breaches of these terms and conditions

Without prejudice to Omnistall other rights under these terms and conditions, if you breach these terms and conditions in any way, Omnistall may take such action as Omnistall deems appropriate to deal with the breach, including suspending your access to the website and related IT applications, prohibiting you from accessing the website and related IT applications, blocking computers using your IP address from accessing the website and related IT applications, contacting your internet service provider to request that they block your access to the website and related IT applications and/or bringing court proceedings against you.

Variation

Omnistall may revise these terms and conditions from time-to-time.  Revised terms and conditions will apply to the use of this website and related IT applications from the date of the publication of the revised terms and conditions on this website and related IT applications.  Please check this page regularly to ensure you are familiar with the current version.

Assignment

Omnistall may transfer, sub-contract or otherwise deal with Omnistall rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions. 

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions constitute the entire agreement between you and Omnistall in relation to your use of this website and related IT applications, and supersede all previous agreements in respect of your use of this website and related IT applications.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with South African LAW, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of the Republic of South Africa.

Omnistall details

The full name of Omnistall is Omnistall Pty Ltd. 

Omnistall is registered in the Republic of South Africa under registration number
2012/077400/07

Omnistall address is
Unit 639, 41 Kruis Street, Marshalltown, Johannesburg, South Africa

You can contact Omnistall by email to info@Omnistall.com.