This Agreement will be available in the primary languages of the countries in which we operate, but the controlling version of this Agreement is in the English language. This Agreement is made between Somika and you or, in the case that you represent and are using the Website on behalf of a company or other body, that company or other body (in either case, “You”).
1. Acceptance of Terms
Your access to and use of www.somika.com is subject exclusively to these Terms and Conditions. You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website you are fully accepting the terms, conditions and disclaimers contained in this notice.
The contents of the Website do not constitute advice and should not be relied upon in making, or refraining from making any decision.
3. Changes to Website
www.somika.com reserves the right to Change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that somika.com shall not be liable to you for any such change or removal. www.somika.com also reserves the right to change the Terms and Conditions at any time. Your continuous use of the Website following any changes shall be deemed to be your acceptance of any such change.
4.1. All copyright, trademarks and all other intellectual property rights in the Website and its content (including Website design, text, graphics, illustration, data, and all software and source codes of the Website) are owned by or licensed to www.somika.com or otherwise used by www.somika.com as permitted by law.
4.2. In using the Website, you agree that you will access the content, pictures and other data solely for your personal and non-commercial use. None of the content may be downloaded, reproduced, transmitted, stored, sold or distributed without the permission of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.
5. Disclaimers and Limitation of Liability
5.1. Your use of our web site is at your own risk. This web site many contain mistakes and inaccuracies. Neither kemrock nor any other party involved in the creation of this web site shall be liable for any direct, indirect, special, incidental, consequential or punitive damages arising out of or connected in any manner with your access to or use of this web site including, without limitation, any lost profits, business interruption, or loss of programs or information, even if strong well has been specifically advised of the possibility of such damages.
5.2. The Website is provided on “AS IS” and “AS AVAILABLE” basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
5.3. To the extent permitted by law, www.somika.com will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website.
5.4. www.somika.com makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
5.5. Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of www.somika.com for death or personal injury as a result of the negligence of somika.com or that of its employees or agents.
You agree to indemnify and hold www.somika.com and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against www.somika.com arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.
Severance, if any, of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
8. Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the law of D. R. Congo and you hereby submit to the exclusive jurisdiction of the Lubumbashi courts.