Terms of use

(1) Introduction – These terms of service govern your use of our website and/or online purchases through this website (the “Service”); by using our website and/or purchasing anything from us through this website you accept these terms in full. If you disagree with any part of these terms, do not use our website or purchase through this website.  If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

(2) Intellectual Property Rights – Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. Subject to the licence below, all our intellectual property rights are reserved.

(3) Licence to Use Website – You may view, download for caching purposes only, and print pages from the website, provided that:

(a) You must not republish material from this website (including republication on another website), or reproduce or store material from this website in any public or private electronic retrieval system.

(4) Limitations of Liability – We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

• We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
• You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
• You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
• In no case shall Kalahari Energy Botswana, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, 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 the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

(5) Prohibited Uses – You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website.

• You must not use our website 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 our website for any purposes related to marketing without our express written consent.
• You must not use our website to copy, publish or send mass mailings or spam.
• You must not use our website to copy, publish or send material which is illegal or unlawful, or material which could give rise to legal action under any applicable law. All material you copy, publish or send via our website must not be defamatory, obscene, indecent, hateful, discriminatory or inflammatory; such material must not infringe any person’s intellectual property rights or rights of confidence, impinge upon any person’s privacy, or constitute incitement to commit a crime; further, material must not be misleading, deceptive, pornographic, threatening, abusive, harassing or menacing.

(6) User comments, feedback and other submissions – We reserve the right to edit or remove any material posted upon our website.

• We may take such action as we deem appropriate to deal with the posting of unsuitable material, including suspending or canceling your account, restricting your access to our website, or commencing legal proceedings against you.
• In respect of all material that you post on our website, you grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute such material in any media, together with the right to sub-licence such rights.

(7) Third party websites – The website contains links to other websites. We are not responsible for the content of third party websites,   or the transmission of data between our website and any third party website.

(8) Variation –  Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes.Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

(9) Indemnification – You agree to indemnify, defend and hold harmless Kalahari Energy Botswana and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

(10) Severability – In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

(12) Termination – The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

• These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
• If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

(13) Entire agreement – These terms of service together with the end user licence agreement where applicable, constitute the entire agreement between you and us in relation to your use of our website, and supersedes all previous agreements in respect of your use of this website.

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

(14)  Governing Law – These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Botswana.

 

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