Terms & Conditions Of Use

Please read the following Terms and Conditions carefully.

The Lund and Kieck Inc and affiliates, requires that all visitors to this World Wide Web site owned, operated, licensed, and controlled by Lund and Kieck Inc (the “Lund and Kieck Inc Site”) adhere to the following Terms of Use. By accessing and using the Lund and Kieck Inc Site, you indicate your acknowledgement and acceptance of these Terms of Use. If you do not agree with these Terms of Use, you should not use the Lund and Kieck Inc Site. The term “you” or “your” refers to the user or viewer of the Lund and Kieck Inc Site. Lund and Kieck Inc may change, suspend or discontinue any aspect of the Lund and Kieck Inc Site at any time, including the availability of any feature, database or content. Lund and Kieck Inc may also impose limits on certain features and services and/or restrict your access to parts or all of the Lund and Kieck Inc Site without notice or liability of any kind. The terms and conditions of a Lund and Kieck Inc client’s service agreement for any portion of the Lund and Kieck Inc Site will control in the event of any provisions that may conflict with these Terms of Use.

Restrictions of use:

All the Web products and services, information, materials, data, images, graphics, sounds and other components on the Lund and Kieck Inc Site (the “Contents”) are copyrighted and owned or controlled by Lund and Kieck Inc unless otherwise noted. Any unauthorized use of the Contents on the Lund and Kieck Inc Site may violate copyright, trademark and other laws and intellectual property rights of Lund and Kieck Inc or third parties. Unauthorized use may give rise to a claim for damages and/or be a criminal offense. Contents from the Lund and Kieck Inc Site may not be modified, copied or distributed, republished, uploaded, posted, decompiled, or transmitted in any way, without the prior written consent of Lund and Kieck Inc. The Contents on the Lund and Kieck Inc Site are provided for lawful purposes only.

Restrictions of liability:

LUND AND KIECK INC WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY ANY MATERIALS OR SOFTWARE, INCLUDING BUT NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE. LUND AND KIECK INC WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO, INDIRECT, SPECIAL, INCIDENTAL, RELIANCE, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN OR SOFTWARE AVAILABLE THROUGH THIS SITE, EVEN IF THERE IS NEGLIGENCE OR EVEN IF LUND AND KIECK INC OR AN AUTHORIZED LUND AND KIECK INC REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BOTH. THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. LUND AND KIECK INC’S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION (IN CONTRACT, TORT [INCLUDING WITHOUT LIMITATION, NEGLIGENCE, PRODUCT LIABILITY AND STRICT LIABILITY], OR OTHERWISE) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO ACCESS THIS SITE.

Submissions:

All remarks, suggestions, ideas, graphics, or other information communicated to Lund and Kieck Inc through the Lund and Kieck Inc Site (together, the “Submission”) will, upon communication, give Lund and Kieck Inc the right to use the Submissions. Lund and Kieck Inc will treat all Submission in terms of the privacy policy stated on this site.

Personally identifiable information that may be received at the Lund and Kieck Inc Site is provided voluntarily by a visitor to the Lund and Kieck Inc Site and is governed by the terms of our Privacy Policy. You acknowledge that you are responsible for whatever material you submit, and you, not Lund and Kieck Inc, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright. You are prohibited from posting or transmitting to or from this site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law. If applicable, Lund and Kieck Inc reserves the right to delete, move or edit messages that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable, and you waive any moral rights you may have in having the material altered or changed in a manner not agreeable to you.

Jurisdiction:

Except as otherwise described, all contents on the Lund and Kieck Inc Site are made available only to provide information about Lund and Kieck Inc and its services. Lund and Kieck Inc controls and operates the “Lund and Kieck Inc” site and makes no representation that the Contents on such Lund and Kieck Inc Site are appropriate or available for use in other locations. If you use the Lund and Kieck Inc Site from a location other than the location where the site is controlled and operated, you are responsible for compliance with applicable local laws.

Disclaimer:

The Contents on the Lund and Kieck Inc Site could include technical inaccuracies or typographical errors. Also, Lund and Kieck Inc may make changes or improvements to the Lund and Kieck Inc Site at any time. THE CONTENTS ON THE LUND AND KIECK INC SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. LUND AND KIECK INC DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. LUND AND KIECK INC DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE CONTENTS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE LUND AND KIECK INC SITE, OR THE SERVERS THAT MAKE THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. LUND AND KIECK INC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULTS OF THE USE OF THE CONTENTS ON THE LUND AND KIECK INC SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. LUND AND KIECK INC MAKES NO COMMITMENT TO UPDATE THE MATERIALS ON THE LUND AND KIECK INC SITE. YOU (AND NOT LUND AND KIECK INC) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. FURTHER, INFORMATION CONTAINED ON THE LUND AND KIECK INC SITE IS FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE RELIED UPON FOR ANY PURPOSE. LUND AND KIECK INC SHALL NOT BE LIABLE FOR ANY RESULTS OBTAINED OR NOT OBTAINED AS A CONSEQUENCE OF THE USE OF THE INFORMATION CONTAINED ON THE LUND AND KIECK INC SITE.

ANY REFERENCE TO LUND AND KIECK INC OR THE INFORMATION CONTAINED ON THE LUND AND KIECK INC SITE FOR COMMERCIAL PURPOSES, INCLUDING CITATION IN ANY ADVERTISING, SALES COLLATERAL OR OTHER MARKETING MATERIALS, IS STRICTLY PROHIBITED.

Termination:

Lund and Kieck Inc or you may terminate this agreement at any time. You may terminate this agreement by destroying all materials obtained from the Lund and Kieck Inc Site and all related documentation and all copies and installations. Lund and Kieck Inc may terminate this agreement immediately without notice if, in its sole judgment, you breach any of these terms or conditions. Upon termination, you must destroy all materials obtained from this site and all related documentation and all copies and installations. You may not access this site after termination of this agreement without the written approval of Lund and Kieck Inc, provided, however, that Lund and Kieck Inc shall retain all rights, including all copyright rights and the right to use Submissions as provided herein, and the limitations on use and treatment of the Contents shall remain in full force.

Linked sites:

The Lund and Kieck Inc Site includes links to other sites which are not maintained by Lund and Kieck Inc. Lund and Kieck Inc is not responsible for the content of those sites and makes no representations whatsoever concerning the content or accuracy of, opinions expressed in or other links provided by, such other sites. The inclusion of any link to such sites does not imply endorsement by Lund and Kieck Inc of the sites or any products or services referred to therein. Lund and Kieck Inc may terminate a link at any time. The terms of use and privacy policies applicable to such sites may be different from those applicable to the Lund and Kieck Inc Site. If you decide to access any third-party site linked to the Lund and Kieck Inc Site, you do so entirely at your own risk and Lund and Kieck Inc shall have no liability for any loss or damage arising from your use of any such site.

Linking and logo policy:

By linking to any page on the Lund and Kieck Inc Site, you hereby agreed to be bound by the following terms and conditions. Except as provided in this paragraph, Lund and Kieck Inc prohibits site caching, the use or posting of unauthorized hypertext links to the Lund and Kieck Inc Site and the framing of any Content available through the Lund and Kieck Inc Site. You may link to the Lund and Kieck Inc Site only via the Site’s home page (i.e., www.lkinc.co.za) or a designated gateway page. A gateway page is any page that is the first and primary page that serves as a starting point to a significant body of content. Links can be by text only and may only read “Lund and Kieck Inc.” Images of the Lund and Kieck Inc logo can only be used for link purposes and can only be made with the express written permission of Lund and Kieck Inc. Any requests for such permission or for permission to link to the Lund and Kieck Inc Site in a manner other than as permitted in the preceding paragraph should be addressed to Lund and Kieck Inc, Unit 7 Gardens Business Park, Ateljee Street, Randpark Ridge, 2156, Tel: +27 11 794-9407. By linking to the Lund and Kieck Inc Site, you acknowledge and agree that, other than as set forth herein, all rights to the Lund and Kieck Inc trademarks or service marks used on the Lund and Kieck Inc Site, the Content appearing on the Lund and Kieck Inc Site and the design of the Lund and Kieck Inc Site belong to Lund and Kieck Inc. You must not misrepresent your relationship with Lund and Kieck Inc or present false or misleading impressions about Lund and Kieck Inc. No links to the Lund and Kieck Inc Site may be used in a manner that implies or suggests that Lund and Kieck Inc approves or endorses you, your website or your goods and services (in all cases, except as Lund and Kieck Inc may have agreed separately with you in writing). Lund and Kieck Inc shall have no responsibility or liability for any content appearing on your website. You agree to indemnify and defend Lund and Kieck Inc against all claims against Lund and Kieck Inc arising out of or based upon your website. No link(s) may appear on any page on your website or within any context containing content or materials that may be interpreted as libellous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third-party rights. Lund and Kieck Inc reserves the right at any time and in its sole discretion to request that you remove all links or any particular link to the Lund and Kieck Inc Site from your website. This is not a license, but subject to your compliance with the above terms, Lund and Kieck Inc agrees to grant you the use of the “Lund and Kieck Inc” name solely for the purpose of establishing a link to the Lund and Kieck Inc Site as permitted hereunder. Except for the limited permission to use the “Lund and Kieck Inc” name as set forth in this paragraph, you may not use any of Lund and Kieck Inc’s trademarks or service marks for any other purpose without the express written permission of Lund and Kieck Inc. Lund and Kieck Inc may at any time, in its sole discretion, without cause, withdraw the permission granted herein to use the “Lund and Kieck Inc” name and your right to link to any pages on the Lund and Kieck Inc Site. In such event upon request, you agree to immediately remove all links to the Lund and Kieck Inc Site and to cease using the “Lund and Kieck Inc” name for linking purposes. Thereafter, any future links to the Lund and Kieck Inc Site will require the express written permission of Lund and Kieck Inc. Lund and Kieck Inc reserves the right to amend these linking terms and conditions at any time. By continuing to link to the Lund and Kieck Inc Site, you agree to be bound to and abide by these linking terms and conditions, as well as other legal terms of use and conditions on the Lund and Kieck Inc Site, as amended from time to time.

Miscellaneous:

Lund and Kieck Inc may, without notice, revise these Terms of Use at any time by updating this posting. Your continued use of the Lund and Kieck Inc Site now, or following the posting of any changes or modifications, will indicate acceptance by you of such changes or modifications. These Terms of Use will be governed and be interpreted pursuant to the laws of South Africa, notwithstanding any principles of conflicts of law. If any part of these Terms of Use is declared unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Possible evidence of use of the Lund and Kieck Inc Site for illegal purposes will be provided to law enforcement authorities. This is the entire agreement between the parties relating to the use of the Lund and Kieck Inc Site.