LIMITATION OF LIABILITY:
Neither SkyNet South Africa Proprietary Limited nor any provider of third party content or their respective agents warrants that the service will be uninterrupted or error free; nor does SkyNet South Africa Proprietary Limited, any third party content provider, or their respective agents make any warranty as to the results to be obtained from use of the service or the content. The service and the content are distributed on an "as is, as available" basis. None of SkyNet South Africa Proprietary Limited, third party content providers and their respective agents make any warranties of any kind, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose, with respect to the service, any content or any products or services sold through the service. Neither SkyNet South Africa Proprietary Limited nor any third party content provider warrants that any files available for downloading through the service will be free of viruses or similar contamination or destructive features. You Expressly agree that the entire risk as to the quality and performance of the service and the accuracy or completeness of the content is assumed solely by you.
Neither SkyNet South Africa Proprietary Limited, nor any third party content provider nor their respective agents shall be liable for any direct, indirect, incidental, special or consequential damages arising out of the use of or inability to use the service, even if such party has been advised of the possibility of such damages.
Unless otherwise specified, this web site is directed primarily at users in the Republic of South Africa. SkyNet South Africa Proprietary Limited makes no representation that any product or service referred to in any materials on this web site is appropriate for use, or available, in other locations. Anyone who accesses this site from other locations is responsible for compliance with local laws if and to the extent local laws are applicable. These disclaimers and exclusions shall be governed by and construed in accordance with South African Law. If any provisions of these disclaimers and exclusions shall be unlawful, void or for any reasons unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
SkyNet South Africa Proprietary Limited shall use reasonable endeavours to keep the system available at all times, however, the user agrees that SkyNet South Africa Proprietary Limited shall not be liable to the user or any other person or entity whatsoever in respect of (and the user or any such person or entity shall have no claim against SkyNet South Africa Proprietary Limited and the user hereby indemnifies and holds SkyNet South Africa Proprietary Limited free from liability in respect of) any loss or damage:
· caused by or arising from any fact or circumstances beyond the reasonable control of SkyNet South Africa Proprietary Limited; or
· if such loss or damage is consequential or incidental loss or damage; or
· which is as a result of any downtime, outage, interruption in or unavailability of the system attributable to any cause whatsoever, including but not limited to: repairs and maintenance, any breakdown of whatever nature and howsoever arising in any of the services provided by Telkom (including, but not limited to, line failure), as well as by any other external communications networks and by the networks of Internet service providers other than SkyNet South Africa Proprietary Limited. SkyNet South Africa Proprietary Limited shall use its best endeavours to notify the client of any maintenance and repairs which may result in the system being unavailable but does not warrant that notice shall be given to the client prior to such maintenance and repairs being undertaken.
· without limiting the generality of the above the user indemnifies and holds SkyNet South Africa Proprietary Limited harmless against any and all losses, injury, damage, penalties or claims of whatever nature and howsoever arising from or in connection with the service hereby made available by SkyNet South Africa Proprietary Limited.
In order to ensure the security and reliable operation of the system to all users, SkyNet South Africa Proprietary Limited hereby reserves the right to take whatever action SkyNet South Africa Proprietary Limited finds necessary to preserve the security and reliability of the system.