In these Terms of Use, as it pertains to this website, certain words, particularly capitalized 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 www.drakeintl.com. This includes the layout of this website; individual elements of the website design; underlying code elements of this website; or 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 Use for this website are governed by the laws in force in South Africa and by using it, you agree to submit to the non-exclusive jurisdiction of the courts of South Africa and any courts which may hear appeals from those courts in respect of any proceedings in connection with these Terms of Website Use or this website. Nothing contained in these Terms of Website Use derogates from Drake's right to comply with law enforcement requests or requirements relating to your use of this website or information provided to or gathered by Drake with respect to that use. Unless we agree otherwise, your access to this website 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 website. These are the current Terms of Website Use. They replace any other terms of use for the Drake website published on this website to date. Drake may at any time amend these Terms of Website Use by publishing the amended Terms of Website Use on this website. 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 all South African jurisdictions or jurisdictions outside of South Africa.

Please be aware of the laws of your municipality, province/state or country or that otherwise apply to you in relation to any of the matters described in the pages of this website. If you choose to access this website from outside of South Africa, 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 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 website is not illegal or prohibited by laws which apply to you or in 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 website or a linked website. You must take your own precautions to ensure that whatever you select for your use from this website 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 Website 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 Website is Year 2000 compliant. In addition, we may, from time to time, change or add to this Website (including these Terms of Website Use) or the information, products or services contained therein without notice. However, we do not undertake to keep this website updated. We are not liable to you or anyone else if errors occur in the information on this website 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 for the goods supplied by Drake or the replacement or reimbursement for the services supplied by Drake, at Drake's option.

 

Copyright

This Website is our copyright property and copyright in the material on this Website 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 the South African Copyright Act 1978 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 Website; or
• Commercialize any information, products or services obtained from any part of this website, without our written permission.

 

Trade Marks

Except where otherwise specified, any word or device to which is attached the ™ or ® symbol is a trade mark of Drake. If you use any of our trade marks 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 website.

 

Linked Websites

This website may contain links to linked websites. 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 websites. Links to those linked websites should not be construed as any endorsement, approval, recommendation, or preference by us of the owners or operators of those linked websites, or for any information, graphics, material, products or services referred to on those linked websites, even if they contain a Drake logo. Unless stated otherwise on this website, we have:

1. a) no relationship with the owners or operators of those linked websites and
   b) no control over or rights in those linked websites.

 

Product Information and Supply

The material on this website may contain general information about Drake products and services. Unless expressly stated otherwise, this information:

• does not constitute an offer or inducement to enter into 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 product and services Drake publishes on its website 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 website 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 website or the information within, including without limitation, warranties as to 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 website 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 website 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 E-mail

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 website.

 

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 website or the information within, or your access to or use of, or inability to access or use this website or the information within, or any action or decision made by you in reliance on this website or the information within, or any errors in or omissions from this website or the information within, or any unauthorised use or reproduction of this website 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 website are for convenience only. Drake International does not review or control, and is not responsible for, any websites linked from or to this website, 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 website.

Links to software are for convenience only and Drake International is not responsible or liable for any difficulties or consequences associated with accessing or downloading of 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 website is administered by Drake International from its offices in Australia. This website, the information within, the Terms and any subsequent Disclaimers will be governed by and construed in accordance with the laws of the Province of Gauteng and the laws of South Africa applicable therein, 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 website, the information within, subsequent disclaimers or the terms shall be submitted to and be subject to the exclusive jurisdiction of the courts of the province of Gauteng. You submit and adhere to the exclusive jurisdiction of the courts of the province of Gauteng to finally adjudicate or determine any suit, action or proceeding arising out of or in connection with this website, 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.