1.1. PELICAN SYSTEMS shall mean PELICAN SYSTEMS PTY.
2.1. By using the Pelican Systems web site in any way, for any reason whatsoever, you
shall be deemed to have accepted all the Terms and Conditions unconditionally. You
must not use this Web site if you do not agree to be bound by the Terms and
2.2. This web site is intended to provide the user with information regarding Pelican
Systems its products & service.
2.3. Without derogating from the aforegoing, Pelican Systems hereby authorises the user
to view, download to a local drive, copy, print and distribute the content of this web
site, or any part thereof, provided that:
2.3.1. such content is used for personal benefit and/or non-commercial
purposes only; and
2.3.2. any reproduction of this the content of this web site, or portion
thereof, must include the following copyright notice: © Pelican Systems
2006 All Rights Reserved.
2.4. Users that wish to use content from this site for commercial purposes may only do so
with prior written permission.
3. INTELLECTUAL PROPERTY RIGHTS
The contents and materials of this Web site, including any computer programs, software,
html code, icons, text, links, graphics, artworks, images, sound clips or files, audiovisuals,
trade names, logos, trade and service marks, private information, designs and/or
product packaging are protected by law, including but not limited to copyright, patent and
trade mark law, and any adaptations of such content and materials, are the property of
Pelican Systems and/or third parties and as such, are protected from infringement by
domestic and international legislation and treaties. Rights to all intellectual property on
this site are expressly reserved, subject to the rights afforded to the user herein.
4.1. The material contained on this Web site is for information only and does not constitute
advice or a recommendation of any nature.
4.2. To the extent that information displayed on this Web site relates to any products,
services, events or competitions or any costs, prices, fees or prizes related to such
products, services, events or competitions, you acknowledge that this information may
not be accurate or complete.
4.3. Any views or statements made or expressed on this Web site are not necessarily the
views of Pelican Systems, its subsidiaries, affiliates, employees, servants or agents.
4.4. Any of the information, products, services, events or competitions on this Web site may
be modified or suspended or removed by Pelican Systems without notice.
4.5. Use of this web site does not constitute an agreement between Pelican Systems and
the user or between the user and any representative, agent, employee or distributor of
5. LINKING AND FRAMING
5.1. Any third party site may link to this web site provided that such a link is coded to the
home page of this web site.
5.2. It is expressly prohibited for any person, business, entity or web site to link to any page
other than the home page of this web site, without the prior written approval of Pelican
5.3. It is expressly prohibited for any person, business, entity, or web site to frame any
page on this web site, including the home page, in any way whatsoever, without the
prior written approval of Pelican Systems.
5.4. You are not permitted to “deep link” to this web site.
6. LINKS TO THIRD PARTY SITES
6.1. Pelican Systems may provide links to the user only as a convenience and the inclusion
of any link does not imply Pelican Systems endorsement of such sites and as such are
not responsible or liable for the information, material or contents, maintenance of, or
activities conducted on, any web site to which this web site provides a link.
6.2. Despite the fact that this web site may refer to or provide links to other web sites, your
use of such other web sites is entirely at your own risk. Such other web sites or pages
are not subject to the control of Pelican Systems and Pelican Systems shall not be
held responsible or liable, directly or indirectly, in any way for the contents, use, or
inability to use or access any linked web sites or any links contained in a linked web
site. Neither shall Pelican Systems their affiliates, subsidiaries, employees, and agents
be responsible for any loss, expense, claim or damage, whether direct, indirect or
consequential, arising from your use of such other web sites or your reliance on any
information contained in such other web sites.
7. SEARCHING TECHNOLOGY
The use of non-malicious search technology, such as “web-crawlers” or “web-spiders”, to
search and gain information from this web site is not permitted if such technology will
result in slowing down this web site’ server or if such technology constitutes a copyright
infringement of any data and information available from this web site. Data and
information may only be used in compliance with sections 2 hereof.
8. CHANGES AND AMENDMENTS
8.1. Pelican Systems reserves the right, in its sole discretion, to alter and/or amend any
criteria or information contained in this web site without prior notice.
8.2. Users undertake to check the Pelican Systems web site frequently to acquaint
themselves with the changes and/or amendments in the information supplied on the
8.3. If you use this Web site after such updated or amended Terms and Conditions have
been displayed on this Web site, you will be deemed to have accepted such updates
9. AGREEMENTS IN TERMS OF SECTION 21 OF THE ELECTRONIC
COMMUNICATIONS AND TRANSACTIONS ACT
9.1. No information or data on this web site is an offer, but merely an invitation to purchase
9.2. Data messages, such as e-mail, are only deemed to have been received by Pelican
Systems once replied to and such a reply does not include an auto-reply.
10. REQUIREMENTS OF SECTION 43 OF THE ELECTRONIC COMMUNICATIONS AND
TRANSACTIONS ACT NO. 25 OF 2002
10.1. The full name and legal status of the web site owner is: Pelican Systems Pty.
Reg. No _1998/024511/07
10.2. The full web site address is http:// www.pelican.co.za
10.3. Office bearers of Pelican Systems
Directors: Rodney Lloyd Gould; Hannes Van De Walt
Secretary: Michael Todd
10.4. Physical address for receipt of legal service:
793/765 North Coast Road; Redhill, Durban
10.5. Main business: Building Interior Systems
11.1. These Terms and Conditions of Use constitute the entire agreement between
Pelican Systems and you, the user of this web site. Any failure by Pelican Systems
to exercise or enforce any right or provision of these Terms and Conditions
of Use shall in no way constitute a waiver of such right or provision.
11.2. In the event that any term or condition of the use of this web site is not fully
enforceable or valid for any reason, such term(s) or condition(s) shall be
severable from the remaining terms and conditions. The remaining terms and
conditions shall not be affected by such unenforceability or invalidity and shall
remain enforceable and applicable.
12. APPLICABLE AND GOVERNING LAW
12.1. This web site is hosted, owned, controlled and operated from the Republic of South
Africa, and thus the South African Law governs the use or inability to use this web
site and these terms and conditions.
12.2. You consent to the jurisdiction of the South African courts for any dispute that may
arise out of these Terms and Conditions.
13. CONTACT INFORMATION / DOMCILIUM CITANDI ET EXECUTANDI
If you have any questions, queries or wish to request permission to use any part of this
web site, including, linking, framing, or searching, please contact us at:
13.1. Physical address:
793/765 North Coast Road; Redhill, Durban
13.2. Postal Address:
P.O. Box 40620; Redhill; 4071, South Africa