IMPORTANT LEGAL NOTICE

ATTENTION: THESE TERMS OF USE ("TERMS" OR "TERMS OF USE"), WHICH ARE ISSUED BY VAX LIMITED ("VAX") APPLY TO THE ENTIRE CONTENTS OF THE VAX WEBSITE UNDER THE WWW.HOOVER-MEA.COM DOMAIN ("WEBSITE" OR "VAX WEBSITE") AND TO ANY CORRESPONDENCE BY EMAIL BETWEEN VAX AND YOU. PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE VAX WEBSITE. USING THE VAX WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, PLEASE DO NOT USE THE VAX WEBSITE. THIS NOTICE IS ISSUED BY VAX LIMITED ("VAX").

INTRODUCTION

1. By browsing and/or using the Vax website, you agree to the following terms in their entirety. If you do not accept these Terms in full, you must leave the Vax website immediately.

2. 'Hoover' and any other Hoover product or service name referred to on the Vax website are trademarks of Techtronic Floorcare Technology Limited in certain countries throughout the world and used by Vax under license.

3. Vax, its affiliates, independent content providers and other third parties provide content (i.e. information, communications, images and/or sounds contained on or available through the Vax website). The content of the Vax website belongs to or is licensed to Vax or its affiliates, independent content providers or third parties, and is protected by law. Except to the extent described in paragraph 14 below, the contents of the Vax website cannot be reproduced, modified, transferred, distributed, republished, downloaded, posted or transmitted in any form or by any means including but not limited to electronic, mechanical photocopying or recording without the prior written permission of Vax. You agree that the material and content contained within or provided by the Vax website is for your own personal use and may not be used for commercial purposes or distributed commercially.

4. You will be able to access the Vax website free of charge without registering your personal details with Vax.

5. You may have other rights granted to you by law in addition to those set out in these Terms, which Vax may not exclude. These Terms do not affect those other rights granted by law.

6. Vax may revise these Terms at any time. You are advised to check the Vax website from time to time to review the current Terms. By continuing to use the Vax website, you accept the version of the Terms current at the time of your use of the Vax website.

SERVICE ACCESS

7. While Vax will use its reasonable endeavours to maintain the Vax website in a fully operating condition, it will not be liable if for any reason the Vax website is unavailable at any time or for any period. Vax does not give any warranty, express or implied, in relation to the operation of the Vax website.

8. Vax is not responsible for the results of any defects that exist on the Vax website. Vax will not be liable for any loss, liability, damage or expense of whatever kind arising, whether wholly or partly and whether directly or indirectly, in consequence of the use of, or any reliance placed upon, such information by the visitor or other person.

9. While Vax endeavours to ensure that the information on the Vax website is correct, it does not warrant the accuracy and completeness of the information on the Vax website. Vax accepts no liability for any inaccuracies or omissions on the Vax website or for any other information obtained directly or indirectly from the Vax website.

10. Vax may suspend or vary the whole or any part of the service offered on the Vax website for any reason, at any time at the sole discretion of Vax.

11. Vax reserves the right to make changes and corrections to the Vax website at any time without notice.

12. Vax will not be liable for any telephone, data or other costs that may be incurred in connecting to the Vax website.

13. If your computer or other device does not support relevant technology including but not limited to encryption, you may not be able to use certain services or access certain information on the Vax website.

LICENCE

14. You are permitted to print and download extracts from the Vax website for your own use on the following basis:

• no part of the Vax website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without prior written permission from Vax;
• no documents or related graphics on the Vax website are modified in any way;
• no graphics on the Vax website are used separately from the accompanying text; and
• Vax's copyright and trademark notices and this permission notice appear in all copies.

15. Unless otherwise stated, the copyright and other intellectual property rights in all material on the Vax website (including, without limitation, photographs and graphical images) are owned by Vax or its licensors. For the purposes of these Terms, any use of extracts from the Vax website other than in accordance with the paragraph above for any purpose is prohibited. If you breach these Terms, your permission to use the Vax website automatically terminates and you must immediately destroy any downloaded or printed extracts from the Vax website.

16. You may not mirror any material contained on the Vax website on any other server without prior written permission from Vax. Any unauthorised use of the contents of the Vax website under this paragraph or paragraph 14 above may be in breach of copyright laws, trademark laws or the laws of South Africa.

LINKS TO OTHER WEBSITES

17. The service is accessed via the World Wide Web that is independent of the Vax website and Vax. Your use of the World Wide Web is solely at your own risk and subject to all applicable national and international laws and regulations. Vax has no responsibility for any information or service obtained by you on the World Wide Web.

18. The Vax website may include links to websites operated by third parties. This service is accessed via the Internet in a manner that is independent of the Vax website and Vax. Your use of the Internet is solely at your own risk and subject to all applicable national and international laws and regulations. Vax accepts no responsibility for any information or service obtained by you on the Internet, or any loss or damage that may arise from your use of any third party sites.

19. Any links to third party websites on the Vax website are provided solely for your convenience. If you use these links, you leave the Vax website.

20. The links to third party websites from the Vax website do not imply any responsibility for, or endorsement of, the content, opinions, representations, products or services provided on those sites. You are responsible for complying with the terms of use of any linked third party websites.

LINKS FROM OTHER WEBSITES

21. If you would like to link to the Vax website, you may only do so on the basis that you link to, but do not replicate, the home page of the Vax website, and subject to the following conditions:

• you do not remove, distort or otherwise alter the size or appearance of the Hoover logo;
• you do not create a frame or any other browser or border environment around the Vax website;
• you do not in any way imply that Vax is endorsing any products or services other than its own;
• you do not misrepresent your relationship with Vax nor present any other false information;
• you do not otherwise use any trademarks displayed on the Vax website without express written permission from Vax;
• you do not link from a website that is not owned by you; and
• 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.

22. Vax expressly reserves the right to revoke the rights granted in paragraph 20.

23. You shall fully compensate any loss or damage suffered by Vax or any of its affiliates for breach of paragraph 20 above.

VISITOR MATERIAL AND CONDUCT

24. You agree not to cause, or knowingly allow others to cause, any nuisance, hindrance or inconvenience, whether to Vax or any of its customers or users of the Vax website by any means. You agree not to use the Vax website to disseminate any material for which you have not obtained all necessary licences and/or approvals or which is technically harmful. You also agree not to disseminate any material that is defamatory, offensive, obscene or menacing in character, which may in Vax's judgment cause nuisance, annoyance, inconvenience to Vax or others, or which is illegal. You will not use the Vax website such that you would cause the whole or part of the Vax website to be interrupted, damaged, or rendered less efficient or impaired in any way.

25. You will compensate Vax for all losses, liabilities, costs and expenses reasonably suffered or incurred by Vax, all damages awarded against Vax under any judgment by a court of competent jurisdiction and all settlements sums paid by Vax as a result of any settlement agreed by Vax arising out or in connection any breach by you of paragraph 23, including any claim by any third party.

26. Other than personally identifiable information, which is covered under the Privacy Policy, any material you transmit or post to the Vax website will be considered non-confidential and non-proprietary. Vax will have no obligations with respect to such material. Vax and its designees will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.

27. A few areas of the Vax website may ask you to provide personal information that will enable Vax to use the information you provide to keep you informed of Vax's latest products and services after your visit to the Vax website. The personal information that you submit will be used in accordance with Vax's online Privacy Policy.

28. Vax will fully co-operate with any law enforcement authorities or court order requesting or directing Vax to disclose the identity or locate anyone in breach of the above paragraphs.

DISCLAIMER

29. The material on the Vax website is provided “as is”, without any condition, warranty or other terms of any kind. Accordingly, to the maximum extent permitted by law, Vax provides you with the Vax website on the basis that Vax excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) that, but for these Terms, might have effect in relation to the Vax website.

30. Vax reserves the right to vary these Terms from time to time, and such variations will become effective immediately upon posting the amended Terms of Use on the Vax website. By continuing to use the Vax website, you will be deemed to accept any such amendment of the Terms.

LIABILITY

31. To the fullest extent permitted by law you agree that Vax shall not be liable to you or a third party for any indirect, special, 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 delict (tort) (including without limitation negligence), contract or otherwise in connection with the Vax website in any way or in connection with the use, inability to use or the results of use of the Vax website, any websites linked to the Vax website or the material on such websites.

APPLICABLE LAW

32. These Terms will be subject to English law, and the English courts will have exclusive jurisdiction in respect of any dispute arising from these Terms.

33. Each provision of these Terms shall be severable from the other provisions. Should any provision be found by a Court of competent jurisdiction to be invalid or unenforceable for any reason, the remaining provisions of these Terms shall nevertheless remain valid and enforceable.

34. The Vax website is owned and is provided by Vax Limited of 2 Colmore Square, 38 Colmore Circus, Queensway, Birminghm, B4 6BN, England. Email: info@vax.co.uk.