Disclaimer

Disclaimer

Pools.co.za (hereafter known as the “Website”) is an online service owned and operated by Comtech Internet Services CC. Reg. No CK 2005/049242/23 (hereafter known as “Comtech”), registered in terms of the Companies Act 71 of 2008 and Companies Amendment Bill 40 of 2010 on 20 June 2014

No warranties

This Website is provided “as is” without any representations or warranties, express or implied. Comtech makes no representations or warranties in relation to this Website or the information and materials provided on this Website.

Without prejudice to the generality of the foregoing paragraph, Comtech does not warrant that:

  • this Website will be constantly available, or available at all; or
  • the information on this Website is complete, true, accurate or non-misleading.

Nothing on this Website constitutes, or is meant to constitute, advice of any kind.

Limitations of liability

Comtech will not be liable to you (whether under the law of contract, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this Website:

  • to the extent that the Website is provided free-of-charge, for any direct loss;
  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if Comtech has been expressly advised of the potential loss.

Remember, do your due dilligence in every transaction that you are involved in.

Exceptions

Nothing in this Website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this Website disclaimer will exclude or limit Comtech’s liability in respect of any:

  • death or personal injury caused by Comtech’s negligence;
  • fraud or fraudulent misrepresentation on the part of Comtech; or
  • matter which it would be illegal or unlawful for Comtech to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this Website, you agree that the exclusions and limitations of liability set out in this Website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this Website.

Other parties

You accept that, as a limited liability entity, Comtech has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Comtech’s officers or employees in respect of any losses you suffer in connection with the Website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this Website disclaimer will protect Comtech’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Comtech.

Unenforceable provisions

If any provision of this Website’s disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this Website disclaimer.

Update Statement

Comtech has the right to update and make changes to this and any other legal documents on the Website at any time, and have no obligation to notify users of this Website of such changes directly, as all changes will be publically available on the respective URLs of all legal documents.

This document was created on 5 February 2024 and last updated on 5 February 2024.

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