You are prohibited from violating, or attempting to violate, the security of this Site. Any such violations may result in criminal and/or civil penalties against you. We will investigate any alleged or suspected violations and if a criminal violation is suspected, we will cooperate with law enforcement agencies in their investigations. Violations of the security of the Site include without limitation:
- logging into or attempting to log into a server or account that you are not authorized to access;
- accessing data or taking any action to obtain data, information or services not intended for you or your use;
- attempting to probe, scan or test the vulnerability of any system or network;
- tampering, hacking, modifying or otherwise corrupting or breaching security or authentication measures;
- transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or other computer programming routines or engines or engage in conduct that could damage, disrupt or otherwise impair or interfere with a computer’s functionality or the operation of the Site.
Other prohibited activity
In using this Site, you must not:
- post, send or otherwise transmit to or through the Site any unlawful, infringing, harmful, harassing, defamatory, threatening, vulgar, sexually explicit, hateful or otherwise objectionable material of any kind, any material that exploits children or is invasive of or in breach of another person’s privacy or other rights or any material that Caltex in its sole discretion does not wish posted or transmitted on the Site;
- defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- upload or otherwise make available files that contain images, software or other material protected by intellectual property laws, including without limitation copyright or trademark laws and rights of publicity and privacy unless you own or control the rights thereto or have received all necessary authorizations to do the same;
- misrepresent your identity or affiliation in any way;
- engage in deceptive online marketing;
- violate any applicable laws or regulations; or
- assist or permit any persons in engaging in any of the activities described above.
You must exercise caution, good sense and sound judgment in using the Site. You are responsible for any material you place on or transmit to or through the Site. You agree, represent and warrant that any information you post to or transmit through the Site is truthful, accurate, not misleading and offered in good faith, and that you have the right to post or transmit such information. Such information (including without limitation, data, text, software, graphics or any other materials whatsoever), whether publicly posted or privately transmitted, is your sole responsibility.
Caltex does not accept or consider unsolicited ideas, including ideas for new promotions, products, technologies, or processes. You must not transmit any material to or through this Site that you consider to be confidential or proprietary. Any material that you transmit to or through this Site will be considered non-confidential and non-proprietary. This policy serves to avoid potential misunderstandings or disputes regarding ownership of ideas. Except as expressly provided in the Privacy Statement or separate written agreement between you and Caltex, you give Caltex an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transit and distribute such information. You further agree that Caltex has the right to use, without any payment or accounting to you or others, any concepts, know-how or ideas that you (and those who act on your behalf) transmit to or through this Site.
The material made available at this Site is protected by copyright. No material from this Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without written permission of the copyright owner, except that you may download one copy of the materials on any single computer and produce one printed copy for your personal, noncommercial use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of Caltex’s copyright and other proprietary rights. Permission for all other uses of materials contained herein, including reproducing and distributing multiple copies, or linking to any page at this Site except the “home page” (https://cl.avataragency.co.za), must be obtained from Caltex in advance. Requests for such authorization should be sent via email. For purposes of this Agreement, the use of any such material on any other website or networked computer environment is prohibited. All design rights, databases and compilation and other intellectual property rights, in each case whether registered or unregistered, and related goodwill are proprietary to Caltex.
The software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you. Your use of the Site does not transfer title to the Software to you. You may not redistribute, sell, decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-perceivable form, except to the extent permitted by applicable law.
All trademarks, service marks, logos and trade names, whether registered or unregistered, are proprietary to Caltex, its affiliates, or to other companies where so indicated. You may not reproduce, download or otherwise use any such trademarks, service marks, logos or trade names without the prior written consent of the appropriate owner thereof.
Links to other websites
This Site may contain links to other non-Caltex websites. These links are for convenience only. Certain of these linked websites may make use of Caltex proprietary intellectual property rights (such as trademarks, service marks, logos and trade names) under license from caltex. Caltex is not responsible for the availability or content of these sites or for any viruses or other damaging elements encountered in linking to a third-party website. In addition, providing links to these sites should not be interpreted as endorsement or approval by Caltex of the organizations sponsoring the sites or their products or services.
Caltex has its offices within the State of California, United States of America. Caltex makes no representation that materials in the Site are appropriate or available for use in other locations. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Access to this Site from jurisdictions where the contents of this Site are illegal or penalized is prohibited. Software from this Site is further subject to United States export controls. No information or software from this Site may be downloaded or otherwise or re-exported (i) into or to a national or resident of any country to which the United States embargoes or sanctions goods, services or technology; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Denial Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
The materials in this Site are provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, Caltex disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Caltex does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this Site or the server that makes it available are free of viruses or other harmful components. Caltex does not make any representations or warranties regarding the use or the results of the use of the materials in this Site in terms of their correctness, accuracy, reliability, or otherwise. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
Limitation of liability
To the extent permitted under applicable law, under no circumstances, including, but not limited to, negligence, shall Caltex be liable for any compensatory, punitive, special or consequential damages that result from the use of, or the inability to use, the materials in this Site, even if Caltex or a Caltex authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, and so to that extent the above limitation or exclusion may not apply to you. In no event shall Caltex’s total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence) or otherwise) exceed the amount paid by you to Caltex, if any, for using this Site.
You agree to indemnify, defend and hold Caltex, its affiliates and any of its and their directors, employees, agents and contractors harmless from and against any and all claims, damages, losses, costs (including without limitation reasonable attorneys’ fees) or other expenses that arise directly or indirectly out of or from (i) your breach of this agreement; and/or (ii) your activities in connection with this Site.