1. ACCEPTANCE OF TERMS
This web site (“the Service”) is an online information and communications service provided by TrenStar (PTY) Ltd (“TrenStar”)
By accessing or using the Service, the Users agree to be bound by the terms and conditions set forth below.
TrenStar may terminate, without notice, the access to the Service at any time for any reason, including the violation of these T.O.U.
TrenStar may change, modify, add or remove any portion of these T.O.U. at any time, without notice to the Users.
The Users agree to review these T.O.U periodically to be aware of such modifications and their continued access or use of the Service shall be deemed their conclusive acceptance of the modified T.O.U.
2. USE OF THE SERVICE
Through this site, TrenStar provides the Users with access to information and data, services, products available for downloading, demonstration and purchasing, forums and so on.
The Service may also include advertisements or marketing tools.
Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new TrenStar products or activities, shall be subject to these T.O.U.
The Service is provided "AS-IS" and TrenStar assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any Users’ communications or personalisation settings.
The Users are fully responsible for obtaining access to the Service, and that access may involve third-party fees, such as Internet service provider or airtime charges. The Users are responsible for those fees, including those fees associated with the display or delivery of advertisements.
In addition, the Users must provide, and are responsible for all equipment necessary to access the Service.
Except for information, products or services clearly identified as being supplied by TrenStar, TrenStar does not operate, control or endorse any information, products or services on the Internet in any way.
Except for TrenStar-identified information, products or services, all information, products and services offered through the Service or on the Internet generally are offered by third parties that are not affiliated with TrenStar and TrenStar does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed.
It is solely the responsibility of the Users to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the Service or on the Internet generally.
In consideration of the use of the Service on this site, the Users agree to:
(a) provide, when requested or necessary, true, accurate, current and complete information about themselves ( such information being the "Registration Data")
(b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If a user provides any information that is untrue, inaccurate, not current or incomplete, or TrenStar has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, TrenStar has the right to suspend or terminate the access of such user and to refuse any and all current or future use of the Service, or any portion thereof.
4. PASSWORD, CODE AND SECURITY
For some purposes of the Service provided by TrenStar or via third parties, the Users will receive either a password, an account number and/or a personal identification code.
This may occur upon completing the Registration Data or when the Users order TrenStar products.
In such cases, the Users are fully responsible for maintaining the confidentiality of the passwords, accounts numbers or codes they received, and are furthermore responsible for all activities that occur under those passwords, accounts or codes.
The Users agree to :
(a) immediately notify TrenStar of any unauthorised use of their passwords, account numbers or codes, or any other breach of security,
(b) ensure that they exit from their passwords, account numbers or codes at the end of each session on this site.
TrenStar cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 4
5. USERS’ BEHAVIOUR AND RESPONSIBILITIES
The Users’ participation in online communications (“the Content”) occurs in real-time and is not edited, censored, or otherwise controlled by TrenStar. TrenStar does not necessarily and is not supposed to control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content.
By using the Service, the Users may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will TrenStar be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
Notwithstanding the foregoing, TrenStar reserves the right to monitor content on the Service and to remove content that TrenStar, in its sole discretion, determines to be harmful, offensive, or otherwise in violation of law or the terms of this T.O.U.
In order to maintain an informative and valuable service that meets the Service needs of the Users and avoids the harm that can result from disseminating statements that are false, malicious, violate rights of others, or otherwise harmful, it is necessary to establish the following rules to protect against abuse.
Accordingly, the Users represent, warrant and covenant that they shall not upload, post or transmit to or distribute or otherwise publish through the Service any materials that :
(i) restrict or inhibit any other user from using and enjoying the Service;
(ii) are unlawful, threatening, abusive, libellous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent;
(iii) constitute or encourage conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate the law;
(iv) violate, plagiarise or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right;
(v) contain a virus or other harmful component;
(vi) constitute or contain false or misleading indications of origin or statements of fact.
All information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ( "Content" ), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated.
This means that the Users of this site are entirely responsible for all Content that they upload, post, email, transmit or otherwise make available via the Service...
The Users acknowledge and agree that TrenStar or its designees may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
(a) comply with legal process;
(b) enforce the T.O.U.;
(c) respond to claims that any Content violates the rights of third-parties;
(d) protect the rights, property, or personal safety of TrenStar, the Users of this site and the public.
The technical processing and transmission of the Service, including the Content and the Registration Data personal to each User, may involve:
(a) transmissions over various networks;
(b) changes to conform and adapt to technical requirements of connecting networks or devices.
The Users of the site agree to comply with all international and local rules regarding online conduct and acceptable Content
6. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
Certain areas within the Service allow for the exchange of information between the Users, TrenStar and other parties.
Any submission by the Users becomes the property of TrenStar, and the Users expressly grant to TrenStar the authority and right to use such submission in accordance with TrenStar privacy policies.
Further, the Users agree to grant to TrenStar a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sublicense, reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) the Users submit to public areas of the Service (such as bulletin boards, forums and newsgroups) by all means and in any media now known or hereafter developed.
The Users also grant to TrenStar the right to use their names in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. The Users agree that they shall have no recourse against TrenStar for any alleged or actual infringement or misappropriation of any proprietary right in their communications to TrenStar.
They acknowledge that transmission to and from the Service is not confidential and their transmissions may be read or intercepted by others. The Users acknowledge that by making submissions to the Service, no confidential, fiduciary, contractually implied or other relationship is created between you and TrenStar other than pursuant to this T.O.U.
The Users agree to indemnify and hold TrenStar, and its subsidiaries, affiliates, officers, directors, agents, employees, information providers, licensors and licensees (collectively, the “Indemnified Parties”), harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content the Users submit, post, transmit or make available through the Service, their use of the Service, their connection to the Service, their violation of the T.O.U. or violation of any rights of another.
The Users shall cooperate as fully as reasonably required in the defence of any claim. TrenStar reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by the Users.
The Users shall not, in any event, settle any matter without the written consent of TrenStar.
Each of the Indemnified Parties shall have the right to assert and enforce these provisions directly against the Users on its own behalf.
8. NO RESALE OF SERVICE
The Users agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
The Users may use, copy and print information on the TrenStar website solely for their own or their organisation's internal, non-commercial purposes. Except as stated above, the Users may not use, copy, sell, lease, transfer, distribute, publish, post, alter or modify any such information. Except as specifically provided in this T.O.U. or elsewhere on the TrenStar website, nothing on the TrenStar website shall be construed as an offer or as conferring or granting any license or right to the Users.
9. GENERAL PRACTICES REGARDING USE AND STORAGE
TrenStar may establish and change at any time, without notice, general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on TrenStar’ servers on behalf of each of the Users, and the maximum number of times (and the maximum duration for which) the Users may access the Service in a given period of time.
TrenStar has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service.
10. DISCONTINUANCE AND MODIFICATIONS OF SERVICE
TrenStar reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof), without notice.
TrenStar may also impose limits on certain feature and services or restrict the access to parts or all of the Service without notice.
TrenStar shall not be liable to the Users or to any third party for any modification, suspension or discontinuance of the Service.
TrenStar, in its sole discretion, may terminate the password of the Users, their account (or any part thereof) or code, or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, lack of use or if TrenStar believes that the Users have violated or acted inconsistently with the letter or spirit of the T.O.U.
TrenStar may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice.
The Users agree that TrenStar shall not be liable to you or any third-party for any termination of their access to the Service.
12. DEALINGS WITH ADVERTISERS
The Users’ correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between the Users and such advertiser.
TrenStar shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources.
Because TrenStar has no control over such sites and resources, the Users agree that TrenStar is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources.
TrenStar shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
Notices to the Users of the site may be made via either email or regular mail.
The Service may also provide notices of changes to the T.O.U. or other matters by displaying notices or links to notices to the Users generally on the Service.
15. GENERAL INFORMATION
The T.O.U. constitute the entire agreement between the Users and TrenStar and govern their use of the Service, superseding any prior agreements between the Users and TrenStar.
The Users may be subject to additional terms and conditions that may apply when they use affiliate services, third-party content or third-party software.
The T.O.U. and the relationship between the Users and TrenStar shall be governed by the laws of the Kingdom of Belgium (Europe) without regard to its conflict of law provisions.
The Users and TrenStar agree to submit to the personal and exclusive jurisdiction of the courts located within the place where the registered offices of TrenStar are located.
The failure of TrenStar to exercise or enforce any right or provision of the T.O.U. shall not constitute a waiver of such right or provision.
If any provision of this T.O.U. is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the T.O.U. remain in full force and effect.
The Users agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the T.O.U. must be filed within one (1) year after such claim or cause of action arose or be forever barred.