2.4.1
Energy Partners does not warrant that the Website or information or downloads shall be error-free or that they shall meet any particular criteria of performance or quality. Service Provider expressly disclaims all implied warranties, including without limitation, warranties of merchantability, fit-ness for a particular purpose, non-infringement, compatibility, security and accuracy;
2.4.2
whilst Energy Partners has taken reasonable measures to ensure the integrity of the Website and its contents, no warranty, whether express or implied, is given that any files, downloads or applications available via this Website are free of viruses, or any other data or code which has the ability to corrupt, damage or affect the operation of the user’s system; and
2.4.3
Energy Partners disclaims any responsibility for the verification of any claims. Information published on this Website may be done so in the format in which Energy Partners receives it and statements from external parties are accepted as fact.
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“Intellectual property rights” means all and any of the rights in and to intellectual property of any nature whatsoever owned and/or controlled directly or under licence by Service Provider, now or in the future, including without limitation, Energy Partners’ rights, title and interest in and to all technology, source code/s, trade secrets, logos, systems, methods, trademarks, trade names, styles, insignia, designs, patents and copyright, and all similar proprietary rights which may subsist in any part of the world, whether registered or not.
6.2 All copyright and other intellectual property rights in all content, trademarks, software, data, material, including logos, databases, text, graphics, icons, hyperlinks, confidential information, designs, agreements, and multimedia works, published on or via the Website (“proprietary material”), are the property of, or are licensed to, Energy Partners and as such are protected from infringement by local and international legislation and treaties. 6.3 By submitting reviews, comments and/or any other content (other than your personal information) to Energy Partners for posting on the Website, you automatically grant Energy Partners and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable right and licence to use, reproduce, publish, translate, sub-license, copy and distribute such content in whole or in part worldwide, and to incorporate it in other works in any form, media, or technology now known or hereinafter developed, for the full term of any copyright that may exist in such content. Subject to this licence, you retain any and all rights that may exist in such content. 6.4 All rights not expressly granted are reserved and no right, title or interest in any proprietary material or information contained in this Website is granted to you. 6.5 Except with Energy Partners’ express written permission, no proprietary material from this Website may be copied or retransmitted. 6.6 Irrespective of the existence of copyright, the user acknowledges that Energy Partners is the proprietor of all material on the Website (except where a third party is indicated as the proprietor), whether it constitutes confidential information or not, and that the user has no right, title or interest in any such material. 6.7 Energy Partners authorises you only to view, copy, temporarily download to a local drive and to print the content of this Website, or any part thereof, provided that such content is used for personal purposes and for information purposes only, and such content is used for non-commercial purposes. ]]>7.3.1
Neither Energy Partners, its affiliates, shareholders, agents, consultants or employees shall be liable for any damages whatsoever, including without limitation any direct, indirect, special, incidental, consequential or punitive damages, howsoever arising (whether in an action arising out of contract, statute, delict or otherwise) related to the use of, or the inability to access or use the content of the website or any functionality thereof, or the information contained on the website, or of any linked website, even if Energy Partners knows or should reasonably have known or is expressly advised thereof.
7.3.2
The liability of Energy Partners for faulty execution of the website as well as all damages suffered by the user, whether direct or indirect, as a result of the malfunctioning of the website shall be limited to service provider rectifying the malfunction, within a reasonable time and free of charge, provided that service provider is notified immediately of the damage or faulty execution of the website. This liability shall fall away and be expressly excluded if the user attempts to correct or allows third parties to correct or attempt to correct the website without the prior written approval of service provider. However in no event shall service provider be liable to the user for loss of profits or for special, incidental, consequential or punitive losses or damages arising out of or in connection with the website or its use or the delivery, installation, servicing, performance or use of it in combination with other computer software.
7.3.3
You hereby unconditionally and irrevocably indemnify Energy Partners and agree to hold Energy Partners free from all loss, damages, claims and/or costs, of whatsoever nature suffered or incurred by service provider or instituted against Energy Partners as a direct or indirect result of:
7.3.3.1
your use of the website;
7.3.3.2
software, programs and support services supplied by, obtained by or modified by you or any third party without the consent or knowledge of Energy Partners;
7.3.3.3
your failure to comply with any of the terms or any other requirements which service provider may impose from time to time;
7.3.3.4
the actions or requirements of any telecommunications authority or a supplier of telecommunications services or software; or
7.3.3.5
any unavailability of, or interruption in, the service which is beyond the control of Energy Partners.
7.4 Energy Partners makes no warranty or representation as to the availability, accuracy or completeness of the content of the website. You expressly waive and renounce all your rights of whatever nature that you may have against service provider for any loss suffered by you, as a result of information supplied by service provider being incorrect, incomplete or inaccurate. ]]>10.1.1
breach any of these Terms;
10.1.2
in the sole discretion of Energy Partners, use the Website in an unauthorised manner; or
10.1.3
infringe any statute, regulation, ordinance or law.
10.2 Breach of these Terms entitles Energy Partners to take legal action without prior notice to the user and the user agrees to reimburse the costs associated with such legal action to Energy Partners on an attorney and own client scale. ]]>