This website is produced by African Oxygen Limited
(“Afrox”) and its affiliated companies.
These terms of use contain important information
and describe your rights and responsibilities; please
read them carefully.
1. Purpose and Effect of this Agreement
This Agreement is legally binding and sets out the
rights and obligations of Afrox and its affiliated
companies ("The Linde Group" "Linde" "we" or "us")
and you, in relation to the use of the Site and the
services offered through the Site (the "Services").
By registering with us and/or using the Site, you
agree to be bound by the terms of this Agreement.
Afrox may amend this Agreement from time to time.
Any changes we make will be effective seven (7) days
after notice of any change is provided to you, which
may be done by means including, without limitation,
a posting on the Site or via electronic mail. If
you object to any such changes, you must notify us
prior to such changes coming into effect, and from
the date when the changes take effect you must cease
to use the Site. Your use of the Site after notice
is provided to you will be deemed an acceptance of
such changes. It is your responsibility to ensure
that you are aware of, read and understand any amendments
to this Agreement. Upon our request, you agree to
sign a non-electronic version of this Agreement.
2. Privacy
In order to use certain parts of the Site, you may
be asked to supply personal data. Our policy with
respect to the collection and use of your personal
data is set forth in the linked Privacy Policy. By
agreeing to this Agreement, you consent to our use
of your personal data as set forth in that Policy.
3. Misuse and Prohibited Uses of the Site
3.1 Misuse of the Services
We reserve the right to suspend or terminate your
use of the Site in the event that we determine, in
our sole discretion, that your conduct breaches any
of the provisions of this Agreement, including, without
limitation, the provisions set forth below.
3.2 Prohibitied Uses
You are responsible for ensuring that your use of
the Site is in compliance with any applicable laws
or regulations. You agree not to:
- Interfere (or attempt to interfere) with the
operation of the Site. This includes, without limitation,
(a) interfering with, defeating, or circumventing
any security function of the Site, or attempting
to do so, or (b) accessing, or attempting to access,
any portion of the Site that you are not authorized
to access.
- Post, store, or transmit any unlawful, threatening,
defamatory, indecent, obscene, menacing, pornographic,
profane, or otherwise objectionable (as determined
by us in our sole discretion) information or material,
or any information or material that could constitute
or encourage racial prejudice or hatred or conduct
that would be considered a criminal offense, give
rise to civil liability, or otherwise violate any
law.
- Use the Site in a manner which causes or may
cause an infringement of our rights or the rights
of others.
- Frame or use any framing techniques to enclose
any trademark, logo or other proprietary information
(including images, text, page layouts or form)
of Afrox or the Linde Group without our prior written
consent.
- Post or transmit any advertising, promotion,
or solicitation of goods or services for commercial
purposes except in any areas of the Site specifically
designated for such purpose.
- Misuse any e-mail function available on or through
the Site. This includes, without limitation, (a)
sending unsolicited commercial e-mail to any account
that causes complaints from the recipients, (b)
continuing to send commercial e-mail to a recipient
if recipient has requested that you discontinue
such communication, (c) sending bulk e-mails, "spam," chain
letters, "mail bombs," or other disruptive
transmissions, or (d) forging message headers or
otherwise concealing an e-mail address or preventing
others from responding to a message, or attempting
to do so.
- Use the Site to post, store, or transmit any
information or software that contains a virus,
worm, Trojan horse, or other harmful or disruptive
component;
- Use the Site for any unlawful purposes; or
- Modify, adapt, sublicense, translate, resell,
retransmit, reverse engineer, decompile or disassemble
any portion of the Site.
4. Services
Your use of certain Services on the Site may be
governed by additional rules, which are available
on the entry page for the relevant Service or by
hyperlink to other sites. By using any Service you
are acknowledging that you have reviewed all corresponding
rules and agree to be bound by them. Some of the
Services may have been provided by third parties
for your use. You expressly acknowledge and agree
that your use of all Services is solely at your risk.
5. Links to Other Websites
The Site may contain links to other websites or
resources. We neither control nor endorse other such
websites, unless specifically stated, nor have we
reviewed or approved any content that appears on
other such websites. You acknowledge and agree that
your access and use of such sites is at your own
risk and that we shall not be held responsible for
the legality, accuracy, or inappropriate nature of
any content, advertising, products, services, or
information located on or through any other websites,
nor for any loss or damages caused or alleged to
have been caused by the use of or reliance on any
such content.
6. Disclaimers
The Site, the materials on the site, and any Service
obtained or accessed through the site are provided "as
is" and without representations or warranties
of any kind, either express or implied. To the fullest
extent permissible pursuant to applicable law, Afrox,
its officers, directors, employees, affiliates, suppliers,
advertisers, and agents disclaim all warranties,
express, implied or statutory, including, but not
limited to, implied warranties of title, non-infringement,
merchantability, and fitness for a particular purpose,
and all warranties relating to the adequacy, accuracy
or completeness of any information on the Site. Applicable
law may not allow the exclusion of implied warranties,
so the above exclusions may not apply to you.
You acknowledge that you are responsible for obtaining
and maintaining all telephone, computer hardware
and other equipment needed to access and use the
Site, and all charges related thereto. No opinion,
advice, or statement of Afrox, or its affiliates,
suppliers, agents, members, or visitors, whether
made on the Site or otherwise, shall create any warranty.
You assume total responsibility and risk for your
use of the site and your reliance thereon. If you
are a consumer, however, your statutory rights are
not affected.
7. Ownership and Restrictions on Use
All material within the Site is the property of
Afrox and The Linde Group and/or its affiliates,
suppliers, licensors, advertisers, or agents or sponsors.
Except for a single copy made for personal use only,
you may not reprint, republish, resell, or redistribute
these materials in any form or manner without the
express written permission of the owner(s) of the
material. Afrox does not warrant or represent that
your use of materials displayed on, or obtained through,
the Site will not infringe rights of third parties. "The
Afrox web", the The Linde Group logo, Afrox
and Linde and the Afrox and Linde logo are trademarks
and/or service marks of Afrox and The Linde Group
plc. All other trademarks are trademarks or registered
trademarks of their respective owners. Nothing in
this Agreement grants you any right to use any trademark,
service mark, logo, and/or trade name of Afrox or
The Linde Group or its affiliates, suppliers, licensors,
advertisers, or agents or sponsors.
8. Limitation of Liability
WITHOUT LIMITING THE FOREGOING, Afrox AND THE LINDE
GROUP EXPRESSLY EXCLUDES ANY LIABILITY FOR ANY OF
THE FOLLOWING: (A) FRAUD BY ANY USER OF THE SITE
OR THIRD PARTY, INCLUDING (BUT WITHOUT LIMITATION)
ANY CREDIT CARD FRAUD PERPETRATED IN CONNECTION WITH
THE PURCHASE OF SERVICES; (B) ANY MISREPRESENTATION
BY A THIRD PARTY (WHETHER INNOCENT OR FRAUDULENT)
MADE IN RESPECT OF ANY SERVICES; (C) ANY FAILURE
BY Afrox AND/OR THE LINDE GROUP TO ENSURE THAT IT
DOES NOT BREACH ANY COPYRIGHT OR OTHER INTELLECTUAL
PROPERTY RIGHT OF ANY THIRD PARTY; (D) ANY LINK ON
THE SITE TO ANY OTHER WEBSITE OR PART OF THE INTERNET;
AND (E) LOSS OR DAMAGE CAUSED BY DELAY OR ERRORS
IN OR THE DOWNTIME OF THE SITE (OR SERVERS) OR THE
SERVICES, OR RESULTING FROM INTERRUPTION, TERMINATION,
OR FAILED OPERATION OF THE INTERNET OR A THIRD-PARTY
TELECOMMUNICATION SERVICE, EVEN IF Afrox AND/OR THE
LINDE GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH LOSS OR DAMAGE, PROVIDED THAT NOTHING IN THIS
AGREEMENT IS INTENDED TO LIMIT OR EXCLUDE ANY LIABILITY
ON THE PART OF Afrox AND/OR THE LINDE GROUP WHERE
AND TO THE EXTENT THAT APPLICABLE LAW PROHIBITS SUCH
EXCLUSION OR LIMITATION. IN PARTICULAR, IF YOU ARE
A CONSUMER, YOUR STATUTORY RIGHTS ARE NOT AFFECTED.
NEITHER Afrox NOR THE LINDE GROUP NOR ITS AFFILIATES,
SUPPLIERS, LICENSORS, ADVERTISERS, AGENTS OR SPONSORS
ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER
DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY
OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY
WAY TO THE SITE AND/OR CONTENT CONTAINED ON THE SITE.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE
(OR ANY, SERVICES AND/OR CONTENT CONTAINED WITHIN
THE SITE) IS TO STOP USING THE SITE.
NOTHING IN THIS AGREEMENT: (A) LIMITS Afrox’S
AND/OR THE LINDE GROUP’S LIABILITY FOR DEATH
OR PERSONAL INJURY RESULTING FROM Afrox’S NEGLIGENCE;
OR (B) OPERATES TO LIMIT OR EXCLUDE LIABILITY FOR
ANY FRAUD OR FRAUDULENT MISREPRESENTATION BY EITHER
PARTY.
9. General
9.1 Termination
This Agreement shall remain effective until terminated
in accordance with its terms. The Afrox Group may
terminate this Agreement, and/or your access to and
use of the Site or any portion thereof, immediately,
in the event we determine, in our sole discretion,
that you have breached this Agreement.
9.2 Jurisdiction
THOSE WHO CHOOSE TO ACCESS THE SITE DO SO ON THEIR
OWN INITIATIVE AND AT THEIR OWN RISK, AND ARE RESPONSIBLE
FOR COMPLIANCE WITH LOCAL LAWS APPLICABLE TO THEM.
We reserve the right to limit the availability of
the Site and/or the provision of any Service described
thereon to any person, geographic area, or jurisdiction
we so desire, at any time and in our sole discretion,
and to limit the quantities of any such Service that
we provide.
This Agreement and all contractual and other relationships
which arise out of the Site and/or Services, are
governed by the laws of the Republic of South Africa.
You submit to the non-exclusive jurisdiction of the
South African courts in relation to disputes arising
in connection with this Agreement, the Site and/or
Services.
9.3 Changes to the Site and Availability
Afrox may at any time, without prior notice (a)
change or eliminate any component of the Site, and/or
(b) impose, remove, or change any fees or charges
for use of the Site or any feature, including any
Service, thereof.
Afrox will use its reasonable efforts to ensure the
availability of the Site and that access will be
uninterrupted and error free. However, Afrox does
not guarantee availability of the Site or that access
will be uninterrupted or error free. Afrox reserves
the right to suspend access or to restrict access
to the Site for any purpose including repair, maintenance
or the introduction of new facilities or Services.
Afrox will use reasonable efforts to limit the frequency
and duration of any such suspension or interruption.
9.4 Miscellaneous
Afrox shall be entitled to assign, transfer or subcontract
any or all of its rights, benefits or obligations
under this Agreement. If we exercise this right,
we shall name the assignee, transferee or subcontractor
on the Site. You may not without the written consent
of Afrox assign or dispose of any or all of your
rights and obligations under this Agreement. If any
provision of this Agreement is held by any competent
authority to be invalid or unenforceable in whole
or in part, this Agreement shall continue to be valid
as to the other provisions thereof and the remainder
of the affected provision. It is agreed that it is
not intended that any term of this Agreement shall
be enforceable by any person who is not a party to
this Agreement. Afrox shall not be liable for any
failure to perform any of its obligations under this
Agreement caused by matters beyond its reasonable
control.
Questions regarding this Agreement should be directed
to Afrox via the feedback facility on this site.
