DISCLAIMER

Bateman Engineering N.V. disclaims all liability for any loss, damage, injury or expense however caused, arising from the use of or reliance upon, in any manner, the information provided throughout this web site and does not warrant the truth, accuracy or completeness of the information provided. The onus rest with the user to verify the accuracy of any information obtained via this web site.

TERMS AND CONDITIONS:

In these Terms and Conditions "Bateman" shall mean Bateman Engineering and any and all companies or bodies corporate in which Bateman Engineering N.V. owns either directly or indirectly not less than 50% of the shares entitled to vote at general meetings of that company or body corporate.

In these Terms and Conditions "Bateman Website" shall mean the hyperlink http://www.atoll.co.za and all hyperlinks to other websites of Bateman as well as the Bateman intranet and any and all electronic mail generated by and through Bateman and any and all employees, agents, contractors and consultants of Bateman.

In these Terms and Conditions "User" shall mean any person or other third party including but not limited to all clients, suppliers, employees, agents, contractors and consultants of Bateman who access or use the Bateman Website.

Any User of the Bateman website shall be bound by the following terms and conditions.  By accessing the Bateman Website the User accepts these terms and conditions and undertakes to be bound thereby:

1.  Bateman accepts no responsibility for any loss or damage of whatsoever nature that maybe caused or brought about, directly or indirectly, by the use of the Bateman Website or reliance on any information contained therein and  Bateman disclaims all liability for any loss, damage, injury or expense however caused, arising from the use of or reliance upon, in any manner, the information provided throughout the Bateman Website and does not warrant the truth, accuracy, correctness or completeness of the information provided. The onus rest with the User to verify the accuracy, completeness or correctness of any information obtained.  Especially Bateman disclaims all and any liability, injury, loss or damage suffered as a result of:
1.1 errors or discrepancies in any information provided;
1.2  any unauthorised access of the Bateman Website by third parties;
1.3 any breakdown or failure of any equipment or medium of access to the Bateman Website;
1.4  any failure or unavailability of any of Bateman's or any third parties’ facilities or systems resulting in the inability to access the Bateman Website or process any transaction referred to or offered on the Bateman Website;
1.5 any alteration, modification, upgrade or update of the Bateman Website or any technology, hardware or software modification that may form part of the Bateman Website.

2.  Any User who accesses or uses the Bateman Website hereby indemnifies Bateman against any demand, claim or action against Bateman or any director, employee, agent, contractor or consultant relating to or in connection with any loss, damage, injury or expense whether directly or indirectly for any reason whatsoever due to the User’s use or accessing of the Bateman Website or use or reliance upon any information provided throughout the Bateman Website.  

3.  Bateman reserves the right in its absolute discretion to alter, modify, upgrade, update, suspend, change, add, remove or withdraw any material or information in or from the Bateman Website at any time without notice and shall not be liable for any loss, damage, injury or expense whether directly or indirectly resulting thereform.

4.  Unless expressly stated to the contrary Bateman owns the intellectual property rights in and to the Bateman Website and all information contained thereto and access to the Bateman Website and all information contained thereto shall not be construed as granting to the User any rights, whether expressed or implied by license or otherwise on the matters, inventions or discoveries to which the information pertains or any copyright, trademark or trade secret rights or any other form of intellectual property rights.

5.   The User undertakes not to copy or translate for commercial use, reproduce, adapt, vary or modify any material or information in the Bateman Website without the express written consent of Bateman.  

6.  The User undertakes to ensure its employees, subcontractors and other agents (if any) who have authorised access to the Bateman Website are made aware of and comly with these terms and conditions.

7.  Bateman does not warrant that the functions contained in the Bateman Website or any third-party websites accessed through the Bateman Website will be uninterrupted or without error, that defects will be corrected, or that electronic material in the Bateman Website and other third-party websites are free of viruses or other harmful components. The contents of the Bateman Website are provided without any express or implied warranty of any kind whatsoever and in particular, Bateman does not warrant that it is appropriate or suitable for any particular purpose, that it is complete or accurate, or that it or any hardware on which it is stored is virus-free. To the extent permitted by law, all implied terms are excluded. If any statute implies terms to these terms and conditions, which cannot be lawfully excluded, Bateman's liability for breach of any such implied term will be limited, at the option of Bateman, to any one or more of the following:

• The replacement of goods or services to which the breach relates or the supply of equivalent goods or services;

• The repair of such goods or services; 

• The payment of the cost of replacing the goods or services or of acquiring equivalent goods or services; or

• The payment of the cost of having the goods repaired or the services performed again.

Notwithstanding any of these terms and conditions Bateman shall, under no circumstances be liable to the User or any other third party for any consequential, special or any direct or indirect losses or damages such as, but not limited to, loss of product, loss of production, loss of feedstock, loss of revenue, loss of utilities, or loss of contract and the like. For the purposes hereof, consequential, special or direct or indirect losses or damages shall mean any special, consequential or any direct or indirect losses or damages of whatsoever nature whether within the contemplation of the parties at any time or not.

8.  The User acknowledges that password access is restricted to a single subscriber and that passwords and user names may not be distributed to any other person, body or corporation without the prior written consent of Bateman.  The User is entirely responsible for maintaining the confidentiality of the User id and/or password and the User undertakes to immediately notify Bateman of any unauthorised use of the User id and/or password or any other breach of security and the User shall be fully liable for losses incurred by Bateman or another party due to someone else using the User id and/or password.

9.  The User agrees that unless otherwise specified, all information, products, and services are for the User's personal and non-commercial use only.   The User undertakes not to: 

• reproduce, modify, or create derivative works from; publish, distribute, transmit, or display; or license or transfer any of the contents on the Bateman Website without the prior written permission of Bateman;

• decompile, reverse engineer, or disassemble the Bateman Website, a linked web site, or software;

• post on or transmit to the Bateman Website content of an unlawful nature, for example: (a) contents that is threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane; or (b) that could damage Bateman's image or ability to do business;

• use the Bateman Website in a manner that could damage, disable, overburden, or impair any server, or network connected to any Bateman server, or interfere with any other party's use of the Bateman Website;

• gain unauthorised access to information from the Bateman Website, a Bateman server, or a network connected to a Bateman server – through hacking, password mining, or any other means;

• create a link on another website to the Bateman Website or any of its pages without Bateman's prior written permission;

• frame the Bateman Website or any of its pages without Bateman's  prior written permission.

10.  The User acknowledges that the Bateman Website may contain hyperlinks to other websites operated by third parties and the User accepts that Bateman has no control over, and is not responsible for, any material contained on any third-party websites and that the User is required to comply with all conditions of use of such third party's website.   The User is prohibited from placing a link to the Bateman Website without the prior written consent of Bateman and on terms satisfactory to Bateman.

11.  The User acknowledges that all electronic messages and any attachments relating to the official business of Bateman are proprietary to Bateman and that such electronic messages are confidential, legally privileged and protected by law. The User agrees that all views and opinions are those of the sender and do not represent Bateman's views and opinions nor constitute any commitment by or obligation on Bateman unless otherwise stated or agreed to in writing by Bateman. The person addressed in any electronic message is the sole authorised recipient and any person who have received an electronic  message in error, is obliged to delete it immediately and to notify the sender that it has unintentionally reached such recipient  and such recipient is not permitted to and must not disclose, distribute, or retain said electronic message.  The User may not use or disclose the contents of any electronic message to any other person. Bateman cannot assure that the integrity of any electronic communication has been maintained, nor that it is free of errors, viruses, interception, tampering or interference and Bateman therefore does not accept liability or legal responsibility for the contents of any electronic message, nor its non-delivery or incorrect delivery for whatever reason, nor its effect on electronic devices or its transmission in an unencrypted medium.   Unless the intention to contract has been expressly manifested in an electronic message, the message shall not be construed as a solicitation to contract nor an offer or acceptance of contractual obligations by or on behalf of Bateman.

12.  The User acknowledges that an electronic message is not necessarily secure or error free as information could arrive late or contain viruses or could be incomplete, intercepted, tampered, interfered, corrupted, lost, or destroyed. It is the responsibility of the named recipient(s) to ensure that emails are virus free and the information contained complete, accurate and correct.  If any electronic message contains offensive, derogatory or defamatory statements or materials, it means the message has been sent outside the sender's scope of employment with Bateman and only the sender can be held liable in his/her personal capacity. This disclaimer applies to the original message, any attachments and all subsequent messages or attachments that may be send from a Bateman server.

13.   Bateman reserves the right to monitor, access, intercept, or block electronic messages addressed to any Bateman addressees in accordance with Bateman's Information Technology Abuse Policy, as it applies from time to time.

14.  In order to to provide the User access to or with any service in this Bateman Website,  Bateman may require that the User provides Bateman with personal identifiable information. "Personal identifiable information" is information that can be used uniquely to identify the User, such as the User's name, mailing address, e-mail address, telephone numbers and other personal information.  The User agrees that Bateman may have to share the User's personal identifiable information with other companies or entities (third parties) with which Bateman has a business relationship in order to provide any required information or service.   If the Bateman Website is used to search for and apply for a job,  all information accessed by or supplied by the User is subject  to these terms and conditions.

15.  The User agrees to indemnify and hold harmless Bateman and its respective directors, officers, employees, agents, licensors, suppliers, and any third party from and against all liabilities, damages, claims, losses, costs and expenses (including attorney-and own client costs), resulting from any violation or breach of these terms and conditions by the User. 

16.  Failure or neglect by Bateman to enforce at any time any of the provisions of these terms and conditions shall not be construed or deemed to be a waiver of any rights of Bateman.

17.  These terms and conditions shall be governed by and construed according to the laws of the Republic of South Africa and the User hereby agrees that any dispute of whatsoever nature relating to or arising out of any use of the Bateman Website, whether directly or indirectly, or any electronic messages shall be subject to the exclusive jurisdiction of the courts of the Republic of South Africa.

18.  These are the current terms and conditions and Bateman may at any time vary and amend the terms and conditions by publishing the varied Terms and Conditions of Use on the Bateman Website  and the User accepts that by such publication Bateman has provided the User with sufficient notice of the variation and amendment.   It is the User's responsibility to familiarise itself with the current terms and conditions each time the User visits the Bateman Website.