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Terms & Conditions

AGREEMENT - TERMS AND CONDITIONS OF PURCHASE AND USE

IT EXEMPTS MAMMOTH TECHNOLOGIES AND OTHER PERSONS FROM LIABILITY OR LIMITS THEIR LIABILITY AND CONTAINS OTHER IMPORTANT PROVISIONS THAT YOU SHOULD READ. EACH TIME YOU PURCHASE OR USE A PRODUCT IN THE ATTACHED QUOTATION, THIS AGREEMENT AS IT THEN READS WILL GOVERN YOUR PURCHASE AND USE. ACCORDINGLY, WHEN YOU PURCHASE OR USE ANY PRODUCT YOU SHOULD CHECK THE DATE OF THIS AGREEMENT (WHICH APPEARS AT THE TOP OF THIS AGREEMENT) AND REVIEW ANY CHANGES SINCE THE LAST VERSION.
This Agreement contains the following provisions
1. Your Acceptance of this Agreement
2. Scope of this Agreement
3. Changes to this Agreement
4. Errors
5. Assessment and Usage Terms
6. Disclaimer, Liability Exclusion, Liability Limitation, Release and Indemnity
7. Ownership and Permitted Uses of the Product/s
8. Governing Law
1. YOUR ACCEPTANCE OF THIS AGREEMENT
This is an Agreement between you and all persons you represent (and for purposes of this Agreement, “person” includes natural persons and any type of incorporated or unincorporated entity) and Mammoth Technologies (“Mammoth Tech“), and governs your use of the Mammoth Tech’s products and the content, information and services provided in and from the Mammoth Tech Quotation. Each time you purchase or use products from the Quotation you signify your acceptance and agreement, and the acceptance and agreement of all persons you represent, without limitation or qualification, to be bound by this Agreement, and you represent and warrant that you have the legal authority to agree to and accept this Agreement on behalf of yourself and all persons you represent. If you do not agree with each provision of this Agreement, or you are not authorized to agree to and accept this Agreement, you may not purchase or use the products as per the Quotation.
2. SCOPE OF THIS AGREEMENT
This Agreement is in addition to and supplements any written agreements that you or any persons you represent have with Mammoth Tech or Affiliates and Providers (now or in the future) concerning your dealings with Mammoth Tech or Affiliates and Providers generally. This Agreement and all other agreements that you or any persons you represent have with Mammoth Tech or Affiliates and Providers (now or in the future) together constitute the entire agreement regarding your purchase and use of the products, and supersede all previous agreements (written, oral or otherwise) regarding your purchase and use of the products. In the event of any inconsistency or conflict between the provisions of this Agreement and the provisions of any other agreement that you or any persons you represent have with Mammoth Tech or Affiliates and Providers (now or in the future), the provisions of this Agreement shall govern regarding your purchase and use of the products.
3. CHANGES TO THIS AGREEMENT
Mammoth Tech may, in its discretion, change, supplement or amend this Agreement as it relates to your future purchase and use of the products from time to time, for any reason, and without any prior notice or liability to you or any other person. You may not change, supplement, or amend this Agreement in any manner.
4. ERRORS
Mammoth Tech endeavors to provide accurate information through their Quotation. Nevertheless, errors may occur. Accordingly, Mammoth Tech reserves the right to change other information available through their Quotation at any time and from time to time without any notice or liability to you or any other person.
5. ASSESSMENT AND USAGE TERMS
IF YOU DO NOT AGREE TO, OR ARE NOT COMFORTABLE WITH THESE TERMS OR ANY PART THEREOF, PLEASE DO NOT PURCHASE ANY PRODUCTS MANUFACTURED BY US. USING OUR PRODUCTS OR ANY PART THEREOF IN ANY WAY, SIGNIFIES YOUR CONSENT TO BE BOUND BY THESE TERMS AND ANY PART THEREOF.
5.1 Your Non-exclusive Right We hereby grant you a non-exclusive right under the Mammoth Tech property rights, to use the product/s purchased from the Quotation subject to the Terms. You may only use the product, and you may not rent, lease, lend, sub-license or transfer the right to the product or any part thereof nor any of your rights under the Terms to anyone else. You may not develop, re-sell or replicate or manufacture the product or any component thereof.
5.2 Your Use of the product/s Except as otherwise provided herein, you may not alter, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, publicly display, transfer, sell, manufacture or use in any other way, the product, without the prior express written permission of Mammoth Tech.
5.2.1 Your User Responsibilities You may only use the product and any part thereof for lawful purposes.
5.2.2 Changes to the Service We reserve the right, at any time and for whatever reason, to limit, deny, create different priorities to different users, modify, or cancel some or all of the product supply or any part thereof, without prior notice. We may, at any time, suspend or cancel an order for a product/s or any part thereof for any reason without prior notice.
5.3 Proprietary Rights Pierre Gouws (Estate Late), the Founder of Mammoth Tech is the owner of all intellectual property rights in the products in the Quotation and any part thereof. Nothing in these Terms shall be construed as granting to you a license under any copyright, trademark, patent or other intellectual property right of Pierre Gouws (Estate Late) or any third party, except as expressly set forth herein.
6. DISCLAIMER, LIABILITY EXCLUSION, LIABILITY LIMITATION, RELEASE AND INDEMNITY
Mammoth Tech and Affiliates and Providers do not accept any liability for your use of their product/s. For that reason, the following provisions apply to your use of the product/s.

DISCLAIMER:

Your use of the product is at your own risk. The product is provided on an “as is” and “as available” basis, and without any representations, warranties or conditions of any kind, whether express or implied, and including without limitation representations, warranties or conditions of title, non-infringement, merchantability, fitness for a particular purpose, performance, durability, availability, timeliness, accuracy or completeness, all of which are hereby disclaimed by mammoth tech and the affiliates and providers to the fullest extent permitted by law.
There will not be any representations, warranties or conditions created by a course of dealing, course of performance or trade usage.
Mammoth Tech has complied with all Legislation regulating the manufacturing and supply of our products within the Republic of South Africa. In the event that you intend to use our product/s outside the Republic of South Africa and/or intend on distributing our products outside the borders of South Africa, you are solely responsible for complying with any additional laws or regulations imposed by the relevant country.
You are solely responsible for following the user manual and only using the product for its’ intended purpose.
Mammoth Tech and the affiliates and providers will not be liable to you or any other person for any loss or damages suffered by you or any other person as a result of the operational failure, malfunction, interruption, change, amendment or withdrawal of a product.
Without limiting the generality of the foregoing, Mammoth Tech and the affiliates and providers make no representation, warranty or condition that:
(A) The product will be compatible with your machinery and related equipment;
(B) The product will be available or will function without interruption or will be free of errors or that any errors will be corrected;
(C) The product will meet your requirements;
(D) Certain or any results may be obtained through the use of the product;
Mammoth Tech and the affiliates and providers disclaim any and all liability regarding such matters to the fullest extent permitted by law.

LIABILITY EXCLUSION:

Mammoth Tech and the affiliates and providers will not under any circumstances be liable to you or any other person for any loss of use, loss of production, loss of income or profits (anticipated or otherwise), loss of markets, economic loss, special, incidental, indirect or consequential loss or damage or exemplary or punitive damages, whether in contract, tort, negligence, strict liability, or under any other theory of law, arising from, connected with, or relating to the use of the product/s by you or any other person, and regardless of any negligence or other fault or wrongdoing by Mammoth Tech or any affiliate or provider or any person for whom Mammoth Tech or an affiliate or provider may be responsible, and notwithstanding that Mammoth Tech or any affiliate or provider may have been advised of the possibility of such loss or damages being incurred by you or any other person.

RELEASE:

You hereby release, remise and forever discharge as permitted by law each of Mammoth Tech and the affiliates and providers and all of their respective franchisees, partners, agents, directors, officers, employees, information providers, service providers, suppliers, subcontractors, licensors and licensees, and all other related, associated, or connected persons from any and all manner of rights, claims, complaints, demands, causes of action, proceedings, liabilities, obligations, legal fees, costs, and disbursements of any nature and kind whatsoever and howsoever arising, whether known or unknown, which now or hereafter exist, which arise from, relate to, or are connected with your use of the product/s.

INDEMNITY:

You agree to indemnify, defend and hold harmless each of Mammoth tech’s and the affiliates and providers and all of their respective franchisees, partners, agents, directors, officers, employees, information providers, service providers, suppliers, subcontractors, licensors and licensees, and all other related, associated, or connected persons (collectively, the “indemnified parties”) harmless from and against any and all liabilities, expenses and costs, including without limitation reasonable legal fees and expenses, incurred by the indemnified parties in connection with any claim or demand arising out of, related to, or connected with your use of the product/s or your breach of this agreement. You will assist and cooperate as fully as reasonably required by the indemnified parties in the defense of any claim or demand. Advice and information provided by mammoth tech or the affiliates and providers or their respective representatives, whether oral or written, will not create any representation, warranty or condition or vary or amend the above disclaimer, liability exclusion, liability limitation, release and indemnity provisions, and you may not rely upon any such advice or information.
7. OWNERSHIP AND PERMITTED USES OF THE PRODUCT/S
All Rights Reserved. The product/s and all information (in text, graphical, video and audio forms), images, icons, software, designs, applications, calculators, models, data, and other elements available on or through the product are the property of either Pierre Gouws (Estate Late), Mammoth Tech, Affiliates and Providers and others, and are protected Intellectual property and trademark laws. Your use of the product/s does not transfer to you any ownership or other rights in the product/s or its content. The product/s may only be used in the manner described expressly in this Agreement. In particular, except as expressly stated otherwise in this Agreement, the product/s may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, mirrored or distributed in any way, in whole or in part, without the express prior written consent of Mammoth Tech and/or Pierre Gouws (Estate Late).
8. GOVERNING LAW
This Agreement will be governed by and construed in accordance with the law of the Republic of South Africa and all disputes, actions and other matters relating thereto will be determined in accordance with such law.
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