DRUM USER AGREEMENT
Please read this USER AGREEMENT carefully. It contains important contractual rights, obligations and conditions between you, the user, and Drum. Your acceptance of the terms of this USER AGREEMENT is required for your continued use of this website.
2. The Drum website consists of information, content and services provided by Drum, its licensor(s), third parties and users of the Drum website.
3. Drum expressly reserves the right, in its sole and absolute discretion, to amend this agreement.
4. Drum expressly reserves the right, in its sole and absolute discretion, to remove, alter, modify, supplement and/or restrict access to the services, content, information, software or file(s) appearing on or transmitted through the Drum website.
5. Any information and/or content appearing on or transmitted through the Drum website does not constitute advice and you, the user, are encouraged to consult your professional advisor before acting on any information or content appearing on or transmitted through the Drum website.
6. Nothing on this website shall be construed as an offer by You to you, the user, but merely an invitation to do business.
INTELLECTUAL PROPERTY RIGHTS & LICENCE
7. All content, trademarks and data on this website, including but not limited to software, databases, text, graphics, icons, hyperlinks, private information and designs, are the property of or licensed to Drum and as such are protected from infringement by domestic and international legislation and treaties.
8. All rights not expressly granted are reserved. The intellectual property rights in all content, information, services and/or software vesting in Drum shall continue to vest in Drum and no right, title or interest in any proprietary material or information contained in this website is granted to you.
9. Drum grants to you, the user, a personal, non-exclusive, non-assignable and non-transferable licence to use, print and display all content, information, software or file(s) on any machine(s) of which you, the user, are the primary user for non-commercial purposes only.
10. Drum, the user, are prohibited from sublicensing, assigning or transferring this licence to any person.
11. Without derogating from the above, you, the user, may designate family members to use and access the information, content or services on the Drum website subject to the terms of this User Agreement.
12. Unauthorised copying of content, information, software or file(s), including content, information, software or file(s) that have been amended, modified, combined or included with such content, information, software or file(s), or the written materials associated therewith is expressly prohibited.
13. Any unauthorised copying and/or sublicensing, or attempt at copying and/or sublicensing, assignment or transfer of this agreement shall result in the immediate termination of this agreement by Drum without notice.
14. Drum, the user, shall be responsible for all use of the information, content or service accessed through your user account, which may be determined by cookies, password(s) or authentication certificate(s).
15. Drum, the user, hereby ratify, guarantee and agree to be personally liable for any and all obligations entered into or assumed by others who use the information, content or services through your user account.
16. Drum, the user, hereby acknowledge that certain information, content, services and/or links may contain objectionable images, materials, content or information.
17. Except as expressly permitted in this User Agreement, neither you, the user, nor your designated users may reproduce, redistribute, retransmit, publish or otherwise transfer or commercially exploit any information, software or other content which they receive or access through the service.
18. By using this website or communicating with Drum by electronic means the user consents and acknowledges that any and all agreements, notices, disclosures or any other communications satisfy any legal requirement, including but not limited to the requirement that such communications should be “in writing”.
CHANGES AND AMENDMENTS
19. This website may include technical or other inaccuracies or typographical errors. Changes and amendments are periodically made to the information herein and these changes will be incorporated in any new editions of this website. Drum reserves the right to make improvements and/or changes or amendments to this website at any time.
20. Drum reserves the right to change and amend any prices and rates that may be quoted on this website without any notice.
22. While using this website, information about you may be either collected by us or provided by you. Such information will become the property of DRUM.
23. DRUM may use this personal information to provide you with information regarding our products, services or events from time to time. DRUM may request that DRUM ceases sending you such information or request that your personal information be removed from our database or mailing list at any time by e-mailing firstname.lastname@example.org.
24. DRUM may also request access to any personal information concerning you that DRUM holds. The Promotion of Access to Information Act, 2 of 2000 (“Proatia”) sets out and regulates how such a request should be made and under what circumstances such access may be refused.
25. DRUM may update or correct your personal information by e-mailing email@example.com. DRUM may also view your personal information that we hold and correct it if necessary on written request to DRUM.
26. DRUM will not disclose any personal information to anyone except as provided for in this policy. We may however need to disclose personal information to DRUM employees or agents who require such information to carry out their duties. There may also be situations where the law requires us to disclose your personal information. In all other situations, except in the case of the sale of DRUM or its associated services or website(s), DRUM will not disclose your personal information without giving you prior notice thereof and an opportunity to give your consent thereto.
27. DRUM is not responsible for and gives no warranties and makes no representations in respect of the privacy policies or practices of linked or any third party websites.
29. If you have any questions or concerns arising from this policy or the way in which we are handling your personal information, please contact us at firstname.lastname@example.org.
TRANSMISSION OF INFORMATION
30. The user acknowledges that information transmitted via the internet, including without limitation e-mail, is susceptible to monitoring and interception. The user is therefore discouraged from transmitting to DRUM any information that may be confidential, proprietary or sensitive. The user shall bear all risk of transmitting such information in this manner and under no circumstances will DRUM be liable for any loss, harm or damage suffered by the user as a result thereof. DRUM reserves the right to request independent verification of any information transmitted via e-mail and the user consents to such verification should DRUM deem it necessary.
31. Any information or material sent to DRUM will be deemed not to be confidential, unless otherwise agreed in writing by the user and DRUM.
LINKING AND FRAMING
32. It is expressly prohibited for any person, business, entity or website to link to any page on this website, including the home page, without prior written approval of DRUM.
33. It is expressly prohibited for any person, business, entity or website to frame any page on this website, including the home page, in any way whatsoever, without prior written approval of DRUM.
34. The use of non-malicious search technology, such as “web-crawlers” or “web-spiders”, to search and gain information from this website is not permitted without our written consent.
LINKS TO THIRD PARTY SITES
35. DRUM provides links to the user as a convenience only and the inclusion of any link does not imply DRUM’s endorsement of such site.
36. Linked websites or pages are not subject to the control of DRUM. DRUM shall not be held responsible or liable, directly or indirectly, in any way for the contents, use or inability to use or access any linked websites or any links contained in a linked website
37. It is expressly prohibited for any person, business or entity to gain or attempt to gain unauthorised access to any page on this website or to deliver or attempt to deliver any unauthorised, damaging or malicious code to this website. Any person who delivers or attempts to deliver any unauthorised, damaging or malicious code to this website or attempts to gain unauthorised access to any page on this website shall be held criminally liable, and in the event that DRUM should suffer any damage or loss, civil damages will be claimed.
38. DRUM, the user, warrant that you use the DRUM website at your own risk.
39. DRUM, the user, acknowledge that no implied warranties, including, without limitation, warranties of merchantability, title, fitness for a particular purpose, non-infringement, compatibility, security and accuracy, have been given by DRUM, its information providers, licensors, suppliers, employees, agents and internet service providers providing access to the DRUM website.
40. This website and the information, content and/or services are provided “as is” and DRUM makes no express or implied representations or warranties with regard thereto. Without limiting the generality of the aforegoing, DRUM, its information providers, licensors, suppliers, employees, agents and internet service providers providing access to the DRUM website do not warrant that the website or information will be error-free or will meet any particular criteria of performance or quality, other than those warranties that are implied by and incapable of exclusion, restriction or modification under the laws applicable to this User Agreement.
41. While DRUM has taken reasonable measures to ensure the integrity of this website and its contents, no warranty, whether express or implied, is given that any files, downloads or applications available via this website are free of viruses, trojans, bombs, time-locks or any other data or codes that have the ability to corrupt, damage or affect the operation of the user’s system.
RISK & LIMITATION OF LIABILITY
42. The user’s use of this website and the information contained therein is entirely at the user’s own risk and the user assumes full responsibility and risk of loss resulting from the use thereof. Neither DRUM and its affiliates nor their shareholders, agents, consultants or employees will be liable for any damages whatsoever, including, without limitation, any direct, indirect, special, incidental, consequential or punitive damages, whether in an action arising out of contract, statute, delict or otherwise, relating to the use of, or inability to use, this website or the information contained therein.
43. While all reasonable steps have been take to ensure the accuracy and safety of the DRUM website, the use of the products or services advertised on this website is at the user’s own risk. The user accepts full responsibility and risk of any injury, damage or loss resulting from the use thereof. DRUM will not be liable for any personal or physical damage or loss, howsoever caused, whether directly or indirectly, resulting from the use of the DRUM website.
44. These Terms and Conditions of Use constitute the entire agreement between DRUM and you, the user of this website. Any failure by DRUM to exercise or enforce any right or provision of these Terms and Conditions of Use shall in no way constitute a waiver of such right or provision.
45. In the event that any term or condition of the use of this website is not fully enforceable or valid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall not be affected by such unenforceability or invalidity and shall remain enforceable and applicable.
46. This User Agreement is concluded in the Republic of South Africa and shall be governed by and construed in accordance with the laws of the Republic of South Africa and the jurisdiction of South African courts. The parties hereto acknowledge that they are barred from instituting any action or legal proceeding or process more than one year after the day on which the claim or cause of action arose.
47. If you have any questions or queries or wish to request permission to use any part of this website, including linking, framing or searching, please contact DRUM at:
PO BOX 1802
Tel: +27 (0)21 406 2116
Fax: +27 (0)21 406 3316