In these Terms of Use, as it pertains to this website, certain words, particularly capitalised ones, may have special meanings. If they do, these special meanings are set out in the "General" section.

 

General

In these Terms of Use:

• Loss: means any loss or damage, however, caused (including through negligence) which may be directly or indirectly suffered.
• Linked Websites: means websites of people other than Drake which are hyperlinked from this Website.
• Drake stands for Drake International Inc. or any other entity in the Drake group of companies and includes any of the directors and employees of Drake or any of its affiliates or any other person contributing to this Website.
• Website: means the whole or any part of the web pages located at https://za.drakeintl.com/. This includes the layout of this website; individual elements of the website design; underlying code elements of this website; text, sounds, graphics, animated elements, or any other content of this website.
• "We" and "us" refer to Drake and "our" has a similar meaning.

These Terms of Web Site Use shall be governed by and construed in accordance with the laws of SA as if entered into and to be wholly performed in SA and without regard to SA conflicts of law principles, and any claim or suit arising out of or relating to these Terms of Web Site Use may be brought and maintained only in a court of competent subject matter jurisdiction in SA, with each party hereby voluntarily submitting to the personal jurisdiction thereof. Nothing contained in these Terms of Web Site Use derogates from Drake's right to comply with law enforcement requests or requirements relating to your use of this Web Site or information provided to or gathered by Drake with respect to that use. Unless we agree otherwise, your access to this Web Site may be terminated at any time by us without notice. All restrictions, licenses granted by you and all disclaimers and limitations of liability by Drake will survive termination; however, you will no longer be authorised to access the Web Site. These are the current Terms of Web Site Use. They replace any other terms of use for the Drake Web Site published on this Web Site to date. Drake may at any time amend these Terms of Web Site Use by publishing the amended Terms of Web Site Use on this Web Site. You accept that by doing this, Drake has provided you with sufficient notice of the amendment.

 

Local laws

It is important to note that information, products, services, and promotions may not be available in jurisdictions outside of SA. Please be aware of the laws of your municipality, state, or country or that otherwise apply to you in relation to any of the matters described in the pages of this Site. If you choose to access this Site from outside of SA, you do so on your own initiative and are responsible for compliance with applicable local, national or international laws.

 

Disclaimer of Liability

IN NO EVENT SHALL DRAKE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS IN CONNECTION WITH THE USE OF THIS WEBSITE OR A LINKED WEBSITE OR USE OF, OR RELIANCE ON, INFORMATION OR SOFTWARE APPLICATION(S) CONTAINED ON, AND/OR ACCESSED THROUGH THIS WEBSITE OR A LINKED WEBSITE. This general disclaimer is not restricted or modified by any of the following specific warnings and disclaimers but does not attempt to exclude liability in relation to those warranties implied by law which cannot be excluded.

 

Specific Warnings and Disclaimers

You must ensure that your access to this Web Site is not illegal or prohibited by laws which apply to you or your location. We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this Web Site or a Linked Web Site. You must take your own precautions to ensure that whatever you select for your use from this Web Site is free of viruses or anything else (such as worms or trojan horses) that may interfere with or damage the operations of your computer systems. While we have made every effort to ensure that the information or any software application contained on or accessed through our Web Site is free from error, we do not warrant the accuracy, adequacy, completeness, or fitness for any purpose of this information or software application nor do we warrant that the information or software application contained on, or accessed through this Web Site is the Year 2000 compliant. In addition, we may, from time to time, change or add to this Web Site (including these Terms of Web Site Use) or the information, products or services contained therein without notice. However, we do not undertake to keep this Web Site updated. We are not liable to you or anyone else if errors occur in the information on this Web Site or if that information is not up to date. To the extent permitted by applicable law, all representations, warranties and other terms are excluded. In circumstances where warranties are implied by law and cannot be excluded, Drake's liability is limited to the repair, replacement or reimbursement of the goods supplied by Drake or the replacement or reimbursement for the services supplied by Drake, at Drake's option.

 

Copyright

This Web Site is our copyright property and copyright in the material on this Web Site is owned or licensed by us. Unless we agree otherwise in writing, you are provided with access to it only for your personal and non-commercial use. Other than for the purposes of and subject to the conditions prescribed under SA Copyright, Designs and Patents Act 1988 as amended and similar statutes that apply in your location, you may not, in any form or by any means:

• adapt, reproduce, store, distribute, transmit, print, display, perform, publish or create derivative works from any part of this Web Site; or
• commercialise any information, products or services obtained from any part of this Web Site, without our written permission.

 

Trademarks

Except where otherwise specified, any word or device to which is attached the trademarks or ® symbol is a trade mark of Drake. If you use any of our trademarks to refer to our activities, products or services, you must include a statement attributing that trade mark to us. You must not use any of our trademarks:

• in or as the whole or part of your own trademarks.
• in connection with activities, products or services which are not ours.
• in a manner which may be confusing, misleading, or deceptive.
• in a manner that disparages us or our information, products, or services (including this Web Site).

 

Linked Web Sites

This Web Site may contain links to Linked Web Sites. Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the privacy practices or the content of Linked Web Sites. Links to those Linked Web Sites should not be construed as any endorsement, approval, recommendation, or preference by us of the owners or operators of those Linked Web Sites, or for any information, graphics, material, products, or services referred to on those Linked Web Sites, even if they contain a Drake logo. Unless stated otherwise on this Web Site, we have:

• no relationship with the owners or operators of those Linked Web Sites; and
• no control over or rights in those Linked Web Sites.

 

Product Information and Supply

Material on this Web Site may contain general information about Drake products and services. Unless expressly stated otherwise, this information:

• does not constitute an offer or inducement to enter a legally binding contract; and
• does not form part of the terms and conditions for Drake products and services.

Also, you should be aware that some of the products and services Drake publishes on its Web Site may not be announced or available in your country. Any references to such products or services do not mean that Drake intends to make them available in your country at any time. Please consult your local Drake representative for more information on the availability of our products and service.

 

Not offering advice

The Information within is for informational purposes only and is not intended to provide specific advice for you and should not be relied upon in that regard. You should not act or rely on the information within without seeking the advice of a professional. A Drake consultant can help to ensure that your own circumstances have been properly considered and that action is taken on the latest available information.

 

No warranties

Drake International provides this Site and the Information within on an "as is, where is" basis and does not make any express or implied warranties, representations, endorsements, or conditions with respect to the Site or the information within, including without limitation, warranties as to the operation, non-infringement, usefulness, completeness, accuracy, date of information, reliability and fitness for a particular purpose. Further, Drake International does not represent or warrant that the Site will be available and meet your requirements, that access will be uninterrupted, that there will be no delays, difficulties in use, defects, incompatibility, failures, errors, omissions, or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted or that no damage will occur to your computer system. You have sole responsibility for adequate protection and backup of data and/or equipment and to take reasonable and appropriate precautions to scan for computer viruses or other destructive properties.

 

Confidential Information

Drake does not want to receive, either through our Web Site or otherwise, any information that is confidential or proprietary to you or a third party. You understand and agree that any information that you send to Drake will not be considered confidential by us and will therefore not be treated as such. If you chose to send Drake any information you agree that Drake will, as a result, have the right to adapt, reproduce, store, distribute, transmit, print, display, perform, publish, or create derivative works based upon the information. In addition, Drake will be free to use, for any purpose, any ideas, concepts, or techniques you send to us. Notwithstanding the foregoing, Drake will not disclose your name or the fact that you provided information to us unless:

• we first receive your consent to use your name.
• we advise you, prior to the publication or use of the information, of our intention to publish or use the information you provided with your name on it; or
• if we are required to do so by law.

 

Internet email

Any unprotected e-mail communication over the Internet is, as with communication via other mediums (e.g. cellular phones, post office mail), not secure or confidential, subject to possible interception or loss, and is also subject to possible alteration. You should not send any confidential, proprietary or sensitive information via this medium. Drake International is not responsible for and will not be liable to you or anyone else for any damages in connection with an e-mail sent by you to Drake International, or an e-mail sent by Drake International to you.

 

No endorsements

No endorsement or approval of any third parties or their advice, opinions, information, products, or services is expressed or implied by any information contained within this site.

 

No liability

Drake International is not responsible for and will not be liable to you or anyone else for any damages whatsoever and howsoever caused (including direct, indirect, incidental, special, consequential, exemplary or punitive damages) arising out of or in connection with this Site or the information within, or your access to or use of, or inability to access or use this Site or the information within, or any action or decision made by you in reliance on this Site or the information within, or any errors in or omissions from this Site or the information within, or any unauthorised use or reproduction of this Site or the information within, even if Drake International has been advised of the possibility of these damages.

 

Links/Software

Links from or to websites outside this Site are for convenience only. Drake International does not review or control and is not responsible for, any websites linked from or to this Site, the content of those websites, the privacy practices of those websites, the third parties named therein, or their products and services. Linking to any other website is at your sole risk and Drake International will not be responsible or liable for any damages in connection with such linking. In addition, Drake International does not endorse or approve of any websites linked from or to this Site.

Links to the software are for convenience only and Drake International is not responsible or liable for any difficulties or consequences associated with accessing or downloading any such software. Use of any accessed or downloaded software is governed by the terms of the applicable license agreement, if any, which accompanies or is provided with such software.

 

Jurisdiction

This Site is administered by Drake International from its offices in SA. This Site, the information within, the Terms and any subsequent Disclaimers will be governed by and construed in accordance with the laws of SA, without giving effect to any principles of conflicts of laws, and notwithstanding your domicile, residence, or physical location. All disputes, controversies or claims arising out of or in connection with this Site, the information within, subsequent Disclaimers or the Terms shall be submitted to and be subject to the exclusive jurisdiction of the courts of SA. You submit and adhere to the exclusive jurisdiction of the courts of SA to finally adjudicate or determine any suit, action or proceeding arising out of or in connection with this Site, the information within, Disclaimers and the Terms.

 

Information Security is Everyone's Business

The rapid expansion of electronic communication has revolutionised the way we work and deal with you, our clients. At Drake International, information security is of paramount importance and our employees are fully aware of their responsibilities to keep customer information safe, secure, and confidential. Whether you choose to deal with us online, over the telephone, or in person, we follow strict security procedures to protect your information against unauthorised access, disclosure, alteration, and misuse.