Terms of Use

Last updated: June 15, 2021


Welcome to the Internet sites of Imperial Offshore (PTY)Ltd

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING ANY IMPERIAL OFFSHORE SITE. By using any Imperial Offshore Site, you signify your agreement to these Terms of Use. If you do not agree to these Terms of Use, you may not use the Imperial Offshore Sites.

Note that special terms might apply to some services or features offered on certain Imperial Offshore Sites. These terms are posted in connection with the applicable service or feature. Any such terms are in addition to these Terms of Use, and in the event of a conflict, prevail over these Terms of Use.

Imperial Offshore may modify these Terms of Use at any time by updating this posting. You are bound by any such modification and should therefore visit this page periodically to review these Terms of Use.

Use of Content

The content contained on Imperial Offshore Sites, such as text, graphics, images, audio, video and other material, as well as the domain names, tagline, organization and user look and feel (collectively, the "Content"), is protected by copyright, trademark and other such laws in South Africa and foreign countries and is owned or controlled by Imperial Offshore or by third parties that have licensed their Content to Imperial Offshore. Unauthorized use of the Content may violate copyright, trademark, and other laws. Where an Imperial Offshore Site is configured to enable the download of particular Content, you may download one copy of such Content to a single computer for your personal, noncommercial home use only, provided that (a) you retain all copyright and other proprietary notices contained in the original Content, (b) you may not sell or modify the Content or reproduce, display, publicly perform, distribute, or otherwise use the Content in any way for any public or commercial purpose without the prior written permission of Imperial Offshore, and (c) you may not use the Content in a manner that suggests an association with any of our products, services or brands.

You may not, without the prior written permission of Imperial Offshore, "mirror" on any other server any material contained on any Imperial Offshore Site. The use of the Content on any other website or in a networked computer environment for any purpose is prohibited, without the express written permission of Imperial Offshore. The trademarks, logos and service marks (the "Marks") displayed on the Imperial Offshore Sites are owned by Imperial Offshore or third parties. You are prohibited from use of those Marks without the express, written permission of Imperial Offshore or such third party. If you would like information about obtaining Imperial Offshore's permission to use the Content on your website, email info@imperialoffshore.com.

In the event that we offer downloads of software on an Imperial Offshore Site, and you download such software, the software, including without limitation any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") is licensed to you by us or third-party licensors for your personal, noncommercial home use only. We do not transfer title to the Software to you. You may not distribute or otherwise exploit the Software or decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-readable form.

UNLESS OTHERWISE SPECIFICALLY AND EXPRESSLY STATED ELSEWHERE, IMPERIAL OFFSHORE HEREBY DISCLAIMS ALL WARRANTIES WITH REGARD TO THE SOFTWARE, INCLUDING WITHOUT LIMITATION ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT, WHETHER SUCH WARRANTIES ARE EXPRESS, IMPLIED OR STATUTORY.

TO THE FULLEST EXTENT PERMITTED BY LAW, IMPERIAL OFFSHORE SHALL NOT BE LIABLE FOR (1) ANY INACCURACY, ERROR IN OR FAILURE OF THE SOFTWARE; (2) ANY LOSS OR DAMAGE (INCLUDING WITHOUT LIMITATION ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES) ARISING FROM ANY DOWNLOAD OR USE MADE OF THE SOFTWARE, OR OCCASIONED BY ANY SUCH INACCURACY, ERROR OR FAILURE OF THE SOFTWARE. 

Public Forum & User Submissions

"Public Forum" means an area, site or feature offered as part of any Imperial Offshore Site that offers the opportunity for users to submit content ("User Submissions") for viewing by one or more Imperial Offshore Site users, including without limitation a message board, forum, social community environment, conversation page, or blog.

You acknowledge that Public Forums and features offered therein are for public and not private communications, and you have no expectation of privacy with regard to any User Submission to a Public Forum. We cannot guarantee the security of any information you disclose through any of these media; you make such disclosures voluntarily and at your own risk. You should use good judgment when posting information, remarks or other content regarding other users, service providers, Imperial Offshore or any other third party. You may be held legally responsible for damages suffered by other users, Imperial Offshore or third parties as a result of legally actionable or defamatory comments, remarks or other information or content that you post to an Imperial Offshore Site. Imperial Offshore is not legally responsible for any User Submissions, even if a User Submission is defamatory or otherwise legally actionable.

You are and will remain solely responsible for the User Submissions you distribute on or through any Imperial Offshore Site in any Public Forum and for the consequences of submitting and posting same. We have no duty to monitor any Public Forum. You will be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from a User Submission. By submitting material to any Imperial Offshore Site, you automatically grant, or warrant that the owner of such material has expressly granted, Imperial Offshore the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright or other rights that may exist in such material. You also permit any other user to access, view, store or reproduce the material for that user's personal use. You hereby grant Imperial Offshore the right to edit, copy, publish and distribute any material you make available on any Imperial Offshore Site.

You acknowledge that your use or reliance upon any User Submission posted in any Public Forum is at your own risk. For example, we are not responsible for, and we do not endorse, the opinions, advice, or recommendations posted or sent by users in any Public Forum, and we specifically disclaim any and all liability in connection therewith. We do not confirm nor verify the qualifications, background, or abilities of users or the information they post in any Public Forum. Therefore, we recommend that you be careful and exercise common sense and good judgment when using any Imperial Offshore Site or Public Forum.

Rules of Conduct: you agree that you will not submit any User Submission on any Imperial Offshore Site that:
is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person;
is bigoted, hateful, or racially or otherwise offensive;
is violent, vulgar, obscene, pornographic, or otherwise sexually explicit, or otherwise harms or can reasonably be expected to harm any person or entity;
is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a User Submission that is, or represents an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing and/or drug abuse, harassment, theft, or conspiracy to commit any criminal activity;
infringes or violates any right of a third party, including: (a) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (b) right of privacy (specifically, you must not distribute another person's personal information of any kind without their express permission) or publicity; or (c) any confidentiality obligation;
is commercial, business-related or advertises or offers to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations);
contains a virus or other harmful component, or otherwise tampers with, impairs, or damages the Imperial Offshore Sites or any connected network, or otherwise interferes with any person or entity's use or enjoyment of the Imperial Offshore Sites;
(a) does not generally pertain to the designated topic or theme of the relevant Public Forum; (b) violates any specific restrictions applicable to a Public Forum, including its age restrictions and procedures; or (c) is antisocial, disruptive, or destructive, including "flaming," "spamming," "flooding," "trolling," and "griefing" as those terms are commonly understood and used on the Internet; or
is false or misleading.

We cannot and do not assure that other users are or will be complying with the foregoing Rules of Conduct or any other provisions of these Terms of Use, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.

We reserve the right, but disclaim any obligation or responsibility, to refuse to post or communicate or remove any User Submission from any Imperial Offshore Site that violates these Terms of Use (including the Rules of Conduct). 

Accounts

Some services on the Imperial Offshore Sites permit or require you to create an account to participate or to secure additional benefits. You agree to provide, maintain, and update true, accurate, current, and complete information about yourself as prompted by our registration processes (the "Registration Data"). You agree not to impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person's username, password or other account information, or another person's name, likeness, voice, image, or photograph. You also agree to notify us promptly at info@imperialoffshore.com of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to any Imperial Offshore Site.

We may suspend or terminate your account and your ability to use any Imperial Offshore Site or portion thereof for failure to comply with these Terms of Use or any special terms related to a particular service. 

Imperial Offshore's Liability

Imperial Offshore makes no representations or warranties about the accuracy, reliability, completeness, or timeliness of the Content or about the results to be obtained from using the Imperial Offshore Sites and the Content. Any use of the Imperial Offshore Sites and the Content is at your own risk. Changes are periodically made to Imperial Offshore Sites and may be made at any time. Imperial Offshore further reserves the right to modify, suspend, or discontinue any service on or feature of the Imperial Offshore Sites (including any changes to or removal of Content) at any time with or without notice to you, and Imperial Offshore shall not be liable to you or to any third party should it exercise such rights. Some Content on the Imperial Offshore Sites may be provided by third parties, and Imperial Offshore will not be held responsible for any such Content provided by third parties.

IMPERIAL OFFSHORE DOES NOT WARRANT THAT THE IMPERIAL OFFSHORE SITES WILL OPERATE ERROR-FREE OR THAT THE IMPERIAL OFFSHORE SITES OR THEIR SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL GOODS. IF YOUR USE OF THE IMPERIAL OFFSHORE SITES OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR LOSS OF PROFITS OR DATA, IMPERIAL OFFSHORE WILL NOT BE RESPONSIBLE FOR THOSE COSTS.

THE IMPERIAL OFFSHORE SITES AND CONTENT ARE PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY WARRANTIES OF ANY KIND. IMPERIAL OFFSHORE, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF MERCHANTABILITY, NONINFRINGEMENT OF PROPRIETARY OR THIRD-PARTY RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE.

IMPERIAL OFFSHORE SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION OR DATA SUBMITTED BY YOU TO AN IMPERIAL OFFSHORE SITE IN CONNECTION WITH ANY SERVICE ON OR FEATURE OF THE IMPERIAL OFFSHORE SITE, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION OR DATA IS AT YOUR SOLE RISK, AND YOU HEREBY RELEASE IMPERIAL OFFSHORE FROM ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.

IMPERIAL OFFSHORE IS NOT RESPONSIBLE FOR ANY DATA CHARGES YOU MAY INCUR IN CONNECTION WITH YOUR USE OF ANY SERVICE ON OR FEATURE OF THE IMPERIAL OFFSHORE SITES. 

Disclaimer of Certain Damages

Your use of the Imperial Offshore Sites is at your own risk. If you are dissatisfied with any of the Content, other contents, any service on, or feature of the Imperial Offshore Sites or with these Terms and Conditions, your sole remedy is to discontinue use of the Imperial Offshore Sites.
IN NO EVENT WILL IMPERIAL OFFSHORE OR ANY THIRD PARTIES MENTIONED AT THE IMPERIAL OFFSHORE SITES BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, INCIDENTAL, EXEMPLARY, AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE IMPERIAL OFFSHORE SITES AND THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT IMPERIAL OFFSHORE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME COUNTRIES, STATES, OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY GROSS NEGLIGENCE, PERSONAL INJURY OR DEATH, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, IN WHICH CASE IMPERIAL OFFSHORE’S LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT SUCH EXCLUSION OR LIMITATION IS ALLOWABLE UNDER THE APPLICABLE LAW.
In no event shall the total liability of Imperial Offshore to you for all losses and damages, including for any implied warranties, exceed the greater of fifty U.S. dollars (US $50.00) or the total amount you paid Imperial Offshore to use any service on or feature of the Imperial Offshore Sites in the twelve months prior to the date of an initial claim made against Imperial Offshore.

Links to Other Sites

The Imperial Offshore Sites may contain links to third-party websites that are maintained by others. Any such links are provided solely as a convenience to you and not as an endorsement by Imperial Offshore of the contents on such third-party websites. Imperial Offshore is not responsible for the content of linked third-party sites and does not make any representations or warranties regarding the content or accuracy of materials on such third-party websites or the privacy practices of such third parties. If you decide to access linked third-party websites, you do so at your own risk.

Third-Party Applications

On Imperial Offshore Sites, you might have an opportunity to download applications that were developed by third parties. Imperial Offshore is not responsible for and makes no representations or warranties regarding the content or functionality of these third-party applications or the privacy practices of such third-party developers. If you decide to download and use any of these third-party applications, then you do so at your own risk.

Indemnity

By using an Imperial Offshore Site, you agree, to the extent permitted by law, to defend, indemnify, and hold harmless Imperial Offshore, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your breach of these Terms of Use or your violation of any law or rights of a third party.

Export Control

South Africa and certain other countries control the export of products and information. You agree to comply with such restrictions and not to export or re-export the Content to countries or persons prohibited under export control laws. By downloading the Content, you are agreeing that you are not in a country where such export is prohibited. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of the Content.

Copyright Policy

Imperial Offshore respects the intellectual property rights of others. It is Imperial Offshore's policy, at its discretion and when appropriate, to terminate the accounts of users who may infringe or repeatedly infringe the copyrights of third parties.

To submit a copyright infringement notification to Imperial Offshore relating to an Imperial Offshore Site, including but not limited to User Submissions or Content, please submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") or, as applicable, other laws, by providing the below-specified Copyright Agent with the following information in writing:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You acknowledge that if you fail to comply with all of the requirements of the preceding paragraph, your notification may not be valid.  

General

Except to the extent expressly provided in the following paragraph, all legal issues arising from or related to your use of any Imperial Offshore Site and these Terms of Use shall be construed in accordance with and governed by the laws of South Africa applicable to contracts entered into and performed within South Africa without respect to its conflict of laws principles. By using an Imperial Offshore Site, you agree to submit to the personal and exclusive jurisdiction of a South African Court, to resolve any dispute, claim or cause of action arising out of these Terms of Use or your use of the Imperial Offshore Sites. You hereby irrevocably waive, to the fullest extent permitted by law, any objection which you may now or hereafter have to the laying of the venue of any such proceeding brought in such a court and any claim that any such proceeding brought in such a court has been brought in an inconvenient forum. If (a) you are not a South African citizen; (b) you do not reside in South Africa.; (c) you are not accessing the Imperial Offshore Site from South Africa.
Specifically excluded from application to these Terms of Use is the United Nations Convention on Contracts for the International Sale of Goods.

In the event of a complaint, or to request further information, the provider may be contacted in writing at Imperial Offshore (PTY)Ltd, 1st Floor Pharos House, Buckingham Terrace, Westville, Durban, 3629, or by email at info@imperialoffshore.com.

If you are under the age of majority in your country of residence, you should review these Terms of Use with a parent or guardian to ensure that you and parent or legal guardian understand these Terms of Use.