The following Terms and Conditions apply to the use of this Web site as well as all transactions conducted through the site:

Copyright

All content appearing on this Web site is the property of Poken.co.za and Poken Africa CC, and or their respective owners (explicitly Poken Creative Assets of Poken SA), where appropriate. Copyright © 2009. All rights reserved. As a user, you are authorized only to view, copy, print, and distribute documents on this Web site so long as the document is used for informational purposes only.

Trademarks

All brand, product, service, and process names appearing on this Web site are trademarks of their respective holders. Reference to or use of a product, service, or process does not imply recommendation, approval, affiliation, or sponsorship of that product, service, or process by Poken.co.za and Poken Africa CC. Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, copyright, trademark, or other intellectual property right of Poken.co.za and Poken Africa CC, or any third party, except as expressly granted herein.

Conditions

This site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this site may contain technical inaccuracies or typographical errors. Information, including product pricing and availability, may be changed or updated without notice. Poken.co.za and Poken Africa CC and its subsidiaries reserve the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if Poken.co.za and Poken Africa CC believes that customer conduct violates applicable law or is harmful to the interests of Poken.co.za and Poken Africa CC and its subsidiaries.

Limitation of Liability

Notwithstanding, and in addition to any other provision in this Agreement, you agree that Poken.co.za and Poken Africa CC will not be liable to you or any other person for any loss, damage, expense, or other amounts incurred, savings foregone, or hardship suffered, by any person however arising (including where the cause cannot be determined), or whether it arose directly or indirectly from any authorised or unauthorised use of, access to, reliance on, or any inability to use or access this Site, the Services, or as a consequence of such use, access, reliance, or inability to access.

Provision

Although the information on this Web site is accessible worldwide, not all products or services discussed in this Web site are available to all persons or in all geographic locations or jurisdictions. Poken.co.za and Poken Africa CC and the advertisers each reserve the right to limit the provision of their products or services to any person, geographic area, or jurisdiction they so desire and to limit the quantities of any products or services that they provide. Any offer for any product or service made in the materials on this Web site is void where prohibited.

Non-Waiver

Other than as otherwise specified in this Agreement, neither the failure of a party to enforce at any time any of the provisions of this Agreement nor the granting of any time or other indulgence shall be construed as a waiver of that provision or of the right of that party thereafter to enforce that or any other provision.

Release and Indemnity

Notwithstanding, and in addition to any other provision in this Agreement, to the maximum extent permitted by law, you agree to release from, and indemnify, each Indemnified Party, against, any claims, losses, liabilities, suits, demands, proceedings, costs or expenses (including legal costs on a full indemnity basis) directly or indirectly related to, or, arising out of your purchase or use of the products and services or your offering for sale and the sale thereof. Indemnity does not extend to expenses incurred by us that are unreasonable; or losses occasioned by us as a result of this Agreement proving not to be profitable to us.

Notices

Any notice to be served by either party to the other must be in writing and will be sent by email to the relevant party to this agreement at its respective address and will be deemed to have been served if no return email stating that the email cannot be delivered is received.

Disclaimer

Poken.co.za and Poken Africa CC are not formally affiliated with Poken S.A. of Lausanne, Switzerland. Whilst recognized by Poken SA both Poken.co.za and Poken Africa CC act as independent promoters and resellers of Poken products and services in Africa.

Governing Law

This Agreement will be governed by the laws in force in the Republic of South Africa and each party unconditionally submits to the non-exclusive jurisdiction of the Courts of the Republic of South Africa in relation to any legal action, suit or proceeding arising out of or with respect to this Agreement.

The Terms and Conditions constitute the entire agreement between you and Poken.co.za and Poken Africa CC with respect to this Web site. The Terms and Conditions supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and Poken.co.za and Poken Africa CC with respect to this Web site. No modification of the Terms and Conditions shall be effective unless it is authorized by Poken.co.za and Poken Africa CC. If any provision of the Terms and Conditions is found to be contrary to law, then such provision(s) shall be constructed in a manner to closely reflect, as much as possible, the intentions of the parties, with the other provisions remaining in full force and effect. Should you have other questions or concerns about these policies, terms and conditions, please send us an email at info@poken.co.za .