PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE RICHARDS BAY COAL TERMINAL COMPANY LIMITED (“RBCT”) WEBSITE
By using this website, you signify your assent to these terms and conditions. If you do not agree to all of these terms and conditions of use, please log off the website immediately.
The information contained on these pages is of a general nature and is intended to provide a public information service, free of charge. The information should not be relied upon or used without first confirming the accuracy or applicability thereof with RBCT.
RBCT, its shareholders, directors, employees, agents and other persons connected with the creation, maintenance or dissemination of these pages will not be liable for any damages or loss, direct or indirect, incidental, consequential or punitive occasioned by the use of the website or the information contained on this website, whether arising out of contract, statute, delict or otherwise and regardless of whether we were expressly advised of the possibility of such loss or damage.
RBCT is not responsible for any decisions you may make resulting from the use of the information.
The views expressed on this website are not necessarily those of RBCT nor are they necessarily endorsed by RBCT. While every effort has been made to ensure the accuracy of the information, neither RBCT, nor any of its shareholders, directors, employees, or agents will be held responsible for any omissions or errors, or for any misfortune, injury or damages which may arise therefrom.
TERMS AND CONDITIONS OF USE
As a user of RBCT's website, you are bound by the following terms and conditions. Accordingly, you should review them in relation to all or part(s) of the website.
When deciding to visit the website, you acknowledge that you have exercised your independent judgment and have not relied on any representation made by RBCT which has not been stated expressly in these terms and conditions or upon any descriptions or illustrations or specifications contained in any document including catalogues or publicity material produced by RBCT (which material may be out of date or superseded).
AMENDMENTS TO THESE TERMS AND CONDITIONS
RBCT may revise and update these terms and conditions at any time. By accessing this website you are bound to the version of the terms and conditions published here at the time of any visit to this website. You agree to view the current version each time you access the website. Your continued usage of the RBCT website will mean you accept all or any changes.
A certificate signed by the administrator responsible for maintaining this website will be prima facie proof of the date of publication and content of the current version and all previous versions of the terms and conditions.
NO WARRANTIES OR REPRESENTATIONS
The information and services available on this website are provided with no warranty, whether express or implied. RBCT makes no representation about the suitability of this information and content for any purpose whatsoever, or that any files, downloads or applications available via this website are free of viruses, trojans, time-locks or any other data or code which has the ability to corrupt or affect the operation of your computer, database, network or other information system.
We expressly disclaim all implied warranties, including, without limitation, warranties of merchantability, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
You indemnify and hold RBCT harmless from any claims, lawsuits, proceedings, costs, special, incidental, consequential or indirect damages, including damages for loss of profits, loss of business or downtime arising out of or relating to your use of the website or information contained thereon.
OUR INTELLECTUAL PROPERTY
RBCT retains all copyright and other intellectual property rights in and to all elements of the website, including, but not limited to, the material, logos, graphics, general design, multimedia works and the imagery, which remain protected.
Irrespective of the existence of copyright, you acknowledge that we are the proprietor of all material on the website, whether it constitutes confidential information or not, and that you have no right, title or interest in any such material.
Except if explicitly permitted under this or another written agreement with RBCT, no portion or element of this website or its content may be copied or retransmitted via any means. Any unauthorised use, alteration or dissemination of information on this website is prohibited.
Should you breach these terms RBCT will have the right to claim damages which claim shall include the right to claim special, incidental, consequential or indirect damages. RBCT will also be entitled to claim for loss of profits and loss of business and shall be entitled to recover legal costs on a scale as between attorney and own client.
OUR ADDRESS FOR NOTICES AND SERVICE OF LEGAL PROCESS
Our chosen address for any legal notice is:
Richards Bay Harbour
P O Box 56
THE LAW GOVERNING OUR RELATIONSHIP
The terms and conditions will be governed and construed in accordance with the law of the Republic of South Africa without reference to any conflict of law provisions.
No failure or delay by us to exercise any of our rights will be construed as a waiver of any such right, whether this is done expressly or implied, nor will it affect the validity of any part these terms and conditions or prejudice our right to take subsequent action against you.
If any of these terms, conditions or provisions are held to be invalid, unlawful or unenforceable; the term, condition or provision will be deleted from the remaining terms, conditions and provisions which will continue to be valid to the full extent permitted by law.
This policy forms part of the terms and conditions of use of the website, and describes how RBCT treats personal information that it receives through your use of the website. RBCT is committed to maintaining the security of personal information provided to RBCT by users in accessing the website.
NON-IDENTIFICATION OF USERS
RBCT makes no effort to identify users of RBCT website. No identifying data of users is disclosed to any third party for any purpose. Data that RBCT collects is used only for server administration and research on website usage.
As is the norm, RBCT log requests to our server, which includes the IP address, the location on the web the request originates from (referrer) and the type of browser (user agent). This information cannot be used to identify a visitor. It is occasionally used to identify pages most visited on this website and the types of browsers used by visitors.
RBCT does not use technologies such as cookies to collect or maintain any information on visitors.
WHEN RBCT WILL DISCLOSE PERSONAL INFORMATION WITHOUT CONSENT
All personal information will be treated as confidential and will not be disclosed to third parties without your permission, except in situations where:
1. RBCT is legally compelled to do so by law or in terms of a court order;
2. it is in the public interest to do so;
3. it is necessary to protect our rights;
4. it is made at your request or upon your written consent;