All intellectual property rights in all materials, software, videos and discussions made available through the services of CN Valuers or any platform utilised by Carl Nel and CN Valuers are owned by Carl Nel and are protected by both South African and International Property Right Laws.
The User agrees not to do anything that may infringe the Intellectual Property Rights of Carl Nel, including but not limited to unauthorised copying, taking screen shots, reproduction, retransmission, distribution, dissemination, sale, publication, or any other circulation or exploitation of such material and shall comply with all laws applicable to any Intellectual Property Rights (including without limitation trade secrets, copying trademarks, registered designs and patents), in respect of any data, files, documents, emails and/or information accessed, retrieved or stored by the User’s, usage of the CN Valuers service and services from Carl Nel directly.
The User is prohibited to use any of the content and/or information, trademarks, logos, brand names, domain names or other marks of CN Valuers, even if that information is discussed from any other marketing platform that is developed, owned or associated with Carl Nel or CN Valuers.
The Client agrees to indemnify and hold Carl Nel and CN Valuers, including any of its officers, shareholders, directors, employees, sub-contractors and agents (“the CN Valuer Parties”), harmless from, and against any Losses the Client or the CN Valuer Parties may suffer or incur as a consequence of, or which may arise from, or be directly or indirectly attributable to:
- The actions or omissions of the Client or any person represented by the Client including a failure by the Client or such person to fully comply with any Applicable Law or these Terms and Conditions;
- The actions and/or omissions of a Third-Party Service Provider including failures by any Third-Party Service Provider to fully comply with the terms and conditions;
- Any act, omission, transaction or arrangement carried out at the instructions of, or with the approval of, the Client.
The Parties acknowledge and agree that the indemnity contemplated above extends to any and all claims, actions or legal proceedings, which may be brought against the Client or against any of the CN Valuer Parties by any third party including but not limited to the estate of the Client, dependents and heirs of the Client in respect of any Losses incurred or suffered by any of them as a consequence of, or which may arise from, or be directly or indirectly attributable to those matters set out herein.
Carl Nel and CN Valuers shall not be liable to the Client including but without limitation, his or her dependents and/or heirs, whether in contract, delict (in fault), under statute or otherwise (including in each case negligence) for any direct damages, general damages, special damages, indirect damages or consequential damages or Losses, punitive damages or any other damages or losses whatsoever arising under or in relation to these Terms and Conditions or any part of it or at law.