Terms of Service
Last updated on 20 May 2015
The following terms and conditions and the terms and conditions at loadshed.org/terms (collectively, the "Terms") govern your use of any and all data, text, software, code libraries, software development kits, tools, documents and other services offered by Loadshed t/a Binary Refinery (Pty) Ltd.
BY USING OR ACCESSING ANY PORTION OF THE SERVICE, you or the entity or company that you represent are unconditionally agreeing to be bound by these Terms, including those available by hyperlink from within this document, and are becoming a party to these Terms. Your continued use of the services shall also constitute assent to these Terms. If you do not unconditionally agree to all of these Terms, DO NOT USE OR ACCESS ANY PORTION OF THE SERVICE. If the Terms set out herein are considered an offer, acceptance is expressly limited to these Terms. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE THE SERVICE, IN WHOLE OR IN PART.
By using service the user agrees to Consent to the jurisdiction of the magistrate's Court for Malmesbury, Western Cape, South-Africa.
All references to “the Company“, “we“, “us” and “our” in these terms and conditions are deemed to refer to Loadshed t/a Binary Refinery (Pty) Ltd.
All references to “you” and “your” are deemed to refer to any user and/or visitor of loadshed.org (“Website“), any of our linked apps or any of our services.
Modifications to these terms
Loadshed reserves the right, in its sole discretion to modify these Terms at any time by posting a notice to loadshed.org. You shall be responsible for reviewing and becoming familiar with any such modification. Such modifications are effective upon first posting or notification and use of the Loadshed Service constitutes the acceptance of the terms and conditions of these Terms as modified.
THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, Loadshed AND ITS VENDORS EACH DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE, INCLUDING WITHOUT LIMITATION ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, RESULTS OF USE, RELIABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, INTERFERENCE WITH QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. FURTHER, Loadshed DISCLAIMS ANY WARRANTY THAT LICENSEE'S USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE.
Support and Upgrades
These Terms do not entitle Licensee to any support and/or upgrades for the Services, unless separate arrangements are made with Loadshed.
REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, AND EXCEPT FOR BODILY INJURY, IN NO EVENT WILL Loadshed OR ITS VENDORS, BE LIABLE TO LICENSEE OR TO ANY THIRD PARTY UNDER ANY TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST OR CORRUPTED DATA, COMPUTER FAILURE OR MALFUNCTION, INTERRUPTION OF BUSINESS, OR OTHER SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE, EVEN IF Loadshed HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES AND WHETHER OR NOT SUCH LOSS OR DAMAGES ARE FORESEEABLE. ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE OCCURRENCE OF THE EVENT GIVING RISE TO SUCH CLAIM. IN ADDITION, Loadshed DISCLAIMS ALL LIABILITY OF ANY KIND OF Loadshed'S VENDORS.
WE SHALL TAKE ALL REASONABLE EFFORTS TO ACCURATELY REFLECT THE GOODS, PURCHASE PRICE AND DELIVERY CHARGES OF GOODS ON THE WEBSITE. HOWEVER, SHOULD THERE BE ANY ERRORS OF WHATSOEVER NATURE ON THE WEBSITE (WHICH ARE NOT DUE TO OUR GROSS NEGLIGENCE) WE SHALL NOT BE LIABLE TO MAKE GOOD ON A TRANSACTION BASED ON ANY ERROR APART FROM REFUNDING ANY MONIES PAID BY YOU TO THE COMPANY
The user agrees that Loadshed shall have no liability whatsoever for any use the user makes of the service. The user shall indemnify and hold harmless Loadshed from any and all claims, damages, liabilities, costs and fees (including reasonable attorneys' fees) arising from the users use of the Service.
Term and Termination
These Terms shall continue until terminated as set forth in this Section. Either party may terminate these Terms at any time, for any reason, or for no reason including, but not limited to, if Licensee violates any provision of these Terms. Any termination of these Terms shall also terminate the license granted hereunder. Upon termination of these Terms for any reason, Licensee shall immediately cease and desist from any new distributions of the Service to third parties. Additionally, Licensee shall destroy and remove from all computers, hard drives, networks, and other storage media all copies of the Service, and shall so certify to Loadshed that such actions have occurred. Loadshed shall have the right to inspect and audit Licensee's facilities to confirm the foregoing. All accrued rights to payment shall survive termination of these Terms.
If you have any questions regarding these terms, the practices of loadshed.org, or your dealings on our web site, please contact us at [email protected].