Welcome to the Valumax Web site
Acceptance of the Terms
The site, content and services are provided to you subject to your agreement to be bound by these terms and conditions of use. BY ACCESSING OR USING THIS SITE OR THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ARE DEEMED TO HAVE READ, UNDERSTOOD AND AGREED TO THE TERMS. IF YOU DO NOT AGREE WITH ONE OR MORE OF THESE TERMS AND CONDITIONS, DO NOT ACCESS OR USE THE SITE OR THE SERVICES.
Valumax reserves the right, in our sole discretion, to modify or update any of the terms and conditions at any time and from time to time and such modifications will supersede and replace any previous terms and conditions. Your continued use of this site means that you agree and accept these amended terms and conditions. If you do not agree to any modifications of these terms and conditions, you must immediately stop using this site.
Use of the Web Site
By accessing the Web site, you warrant and represent to Valumax that you are legally entitled to do so and that you will not use the Web site, the service/s, or any information made available/sent to you by Valumax pursuant to your use of the Web site for any purpose that is unlawful or prohibited under South African or international law or is in contravention of the terms.
Disclaimer of Warranties and Liability
Neither Valumax nor its suppliers makes warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the Web site and the service/s and the Web site and service/s made available via the Web site are provided “as is”. Valumax does not make any warranty or representation that information and service/s advertised on the Web site are appropriate for use in any jurisdiction.
Use of this site, the content and the services are at your own risk. Neither Valumax nor its suppliers make any representations, warranties or conditions about the quality, accuracy, reliability, completeness, or timeliness of the site, the content or the services. Valumax and/or its suppliers do not assume any responsibility for any errors, omissions or inaccuracies in the site, the content or the services.
Neither Valumax nor its directors shall be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential) and/or expense of any nature whatsoever which may be suffered by you or any third party, as a result of or which may be attributable, directly or indirectly, to your access and use of the Web site and/or any information contained on or received via the Web site, your use of the service/s and/or your reliance on any information offered via the Web site and service/s.
Without limiting the generality of the aforegoing, neither Valumax nor its directors shall be liable for any loss of business, loss of data and/or loss of profits, any failure and/or unavailability of the Web site for any reason whatever and/or the failure/delay by any third party service provider to render any service/s which are necessary to ensure the availability of the Web site. You hereby indemnify Valumax or its directors against any loss, liability, damage (whether direct, indirect or consequential) or expense of any nature whatsoever which may be suffered by you or any third party as a result of or which may be attributable directly or indirectly to the aforesaid.
Without limiting the generality of the aforegoing, Valumax shall not be liable to you or any third party for any loss or damage of whatsoever nature in the event that you request that an order is stopped or cancelled. The content is provided for informational purposes only and is not intended to provide financial and property advice to you and you should not rely upon the content to provide any such advice. You should seek the advice of professionals regarding the evaluation and verification of any content provided on the site and, in any event, prior to making any financial decisions based on such content.
Use of Information
Valumax conducts its business in accordance with the consumer code and considers it imperative to protect the privacy interests of consumers and consumers alike. Please see our detailed Privacy and Security Policy available on our Web site in this regard. By accepting these terms and condition, you expressly acknowledge, agree and consent to Valumax using your confidential information, for the following purposes, which specifically includes, but is not limited to:
- Record, process and continuously maintain and update your information;
- Create a new record;
- Update an existing record;
- Monitor and subsequently update the current and future activity on your records;
- Create and maintain new products (viz. scoring and other statistical models);
- Statistical analysis,
- Validate and verify information on your record, at Valumax’s discretion, against any relevant source;
- Distribute its (Valumax) marketing material; and
- Make your record available to its customers/subscribers, upon request, where the customer/subscriber fulfills the legal requirements, justifying such disclosure.
Copyright and Intellectual Property Rights
Copyright and Intellectual Property Rights in all materials, texts, drawings and data made available on the Web site (collectively “the materials”) are owned by Valumax, alternatively Valumax is the lawful user thereof, and is protected by both South African and international intellectual property laws. Accordingly, any unauthorized copying, reproduction, retransmission, distribution, dissemination, sale, publication, broadcast or other circulation or exploitation of such material or any component thereof will constitute an infringement of such copyright and other intellectual property rights. You may only use the materials or any component thereof for your own internal purposes and for the purposes of ordering service/s from Valumax. The trademarks, names, logos and service marks (collectively “trademarks”) displayed on this Web site are registered and unregistered trademarks of Valumax. Nothing contained on this Web site should be construed as granting any license or right to use any trademark without the prior written permission of Valumax.
External links may be provided for your convenience, but they are beyond the control of Valumax and no representation is made as to their content. Use or reliance on any external links provided is at your own risk. When visiting external links you must refer to that external terms and conditions of use. No hypertext links shall be created from any Web site controlled by you or otherwise to this Web site without the express prior written permission of Valumax.
No person, business or Web site may frame the site of Valumax or any of the pages on this site in any way whatsoever. Crawlers and Spiders No person, business or Web site may use any technology to search and/or gain information from Valumax’s Web site without its prior written consent.
- The Terms and Conditions constitute the sole record of the agreement between you and Valumax in relation to the subject matter hereof. Neither you nor Valumax shall be bound by any express tacit nor implied representation, warranty, promise or the like not recorded herein. These terms and conditions supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and Valumax in respect of the subject matter hereof. No indulgence or extension of time which either you or Valumax may grant to the other will constitute a waiver of or, whether by estoppels or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights.
- Valumax shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of these terms.
- All provisions of these terms and conditions are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of these terms and conditions which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions of these terms and conditions shall remain in full force and effect.
- Should Valumax be prevented from fulfilling any of its obligations to you as a result of any event of force majeure, then those obligations shall be deemed to have been suspended to the extent that and for as long as Valumax is so prevented from fulfilling them and your corresponding obligations shall be suspended to the corresponding extent. In the event that force majeure continues for more than fourteen days after it has first occurred, then Valumax shall be entitled (but not obliged) to terminate all of its rights and obligations in terms of or arising out of these terms by giving notice to you. An “event of force majeure” shall mean any event or circumstance whatsoever which is not within the reasonable control of including, without limitation, vis major, casus fortuitus, any act of God, strike, theft, riots, explosion, insurrection or other similar disorder, war (whether declared or not) or military operations, the downtime of any external telecommunications line, power failure, international restrictions, any requirement of any international authority, any requirement of any government or other competent local authority, any court order, export control or shortage of transport facilities.
- 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. You hereby consent to exclusive jurisdiction of the High Court of South Africa in respect of any disputes arising in connection with the service/s referred to herein, or the terms or any matter related to or in connection therewith.
No legal service shall be validly affected by e-mail.
Valumax shall be entitled from time to time, by giving notice to you, to vary its physical address for service to any other physical address within the Republic of South Africa, and to vary its facsimile address for service to any other facsimile number.