Important Legal Notice
1.1. You may access most areas of our site https://www.impalaterminals.com (“Website”) without registering your details with us. Certain areas of the Website may only be available to you if you register.
2.1. You are permitted to print and download extracts from the Website for your own use on the following basis:
2.1.1. no documents or related graphics on the Website are modified in any way;
2.1.2. no graphics on the Website are used separately from the corresponding text; and
2.1.3. Impala’s copyright and trade mark notices and this permission notice appear in all copies
2.2. In particular, but without limitation, you must not use any part of the materials on the Website for commercial purposes without obtaining a licence to do so from us and/or our licensors.
2.4. Subject to clause 2.1, no part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without Impala’s prior written permission.
2.5. Any rights not expressly granted in these terms are reserved.
3. Service Access
3.1. While Impala endeavours to ensure that the Website is normally available 24 hours a day, Impala shall not be liable if for any reason the Website is unavailable at any time or for any period.
3.2. Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond Impala’s control.
3.3. You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these terms, and that they comply with them.
4. Visitor Material and Conduct
4.3. You are prohibited from posting or transmitting to or from the Website any material:
4.3.1. which is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
4.3.2. for which you have not obtained all necessary licences and/or approvals;
4.3.3. which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world;
4.3.4. which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
4.4. You may not misuse the Website (including, without limitation, by hacking).
4.5. Impala shall fully co-operate with any law enforcement authorities or court order requesting or directing Impala to disclose the identity or locate anyone posting any material in breach of clause 4.2 or clause 4.3.
5. Links to and from other websites
5.1. Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. Impala has not necessarily reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability. Impala therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.
5.2. If you would like to link to the Website, you may only do so on the basis that you link to, but do not replicate, the home page of the Website, and subject to the following conditions:
5.2.1. you do not remove, obscure, distort or otherwise alter the size or appearance of the Impala trade marks;
5.2.2. you do not create a frame or any other browser or border environment around the Website;
5.2.3. you do not in any way imply that Impala is endorsing or recommending any products or services other than its own;
5.2.4. you do not misrepresent your relationship with Impala nor present any other false information about Impala;
5.2.5. you do not otherwise use any Impala trade marks displayed on the Website without express written permission from Impala;
5.2.6. you do not link from a website that is not owned by you; and
5.2.7. your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
5.3. Impala expressly reserves the right to revoke the right granted in clause 5.2 for breach of these terms and to take any action it deems appropriate[, including requiring the immediate de-linking of the Website.]
5.4. You shall fully indemnify Impala for any loss or damage suffered by Impala or any of its group companies for breach of clause 5.2.
6.1. While Impala endeavours to ensure that the information on the Website is correct, Impala does not warrant the accuracy or completeness of the material on the Website. Impala may make changes to the material on the Website, or to any products and prices described in it, at any time without notice. The material on the Website may be out of date, and Impala makes no commitment to update such material.
6.2. In particular, but without prejudice to the generality of clause 6.1, commentary and other materials posted on the Website are not intended to amount to advice on which reliance should be placed. Please verify all information with your Warehousing & Logistics representative before acting upon it.
6.4. In all transactions Impala acts as agent only and operates under various terms and conditions. Those which may be relevant to the operation include the UKWA terms & conditions or BIFA trading terms and conditions or the Burnside Terminal. Copies of these conditions, which limit our liability, are available upon request or by viewing the relevant section of the Website or, in the case of BIFA, by direct access to https://www.bifa.org/about.
7.1. Impala, its group companies, any other party (whether or not involved in creating, producing, maintaining or delivering the Website), and each of their officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the Website in any way or in connection with the use, inability to use or the results of use of the Website, any websites linked to the Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website or your downloading of any material from the Website or any websites linked to the Website.
7.2.1. death or personal injury caused by negligence;
7.2.2. fraud; or
7.2.3. misrepresentation as to a fundamental matter; or
7.2.4. any liability which cannot be excluded or limited under applicable law.
8. Governing Law and Jurisdiction
[Dated: January 2014]