Strauss & co - 8 - 11 November 2020

136 age parents and legal guardians to monitor their children’s Internet usage and to help enforce our privacy policy by instructing their children to never provide personal information through any website without their permission. If you have reason to be- lieve that a child under the age of 13 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases. 7.5.  Malicious software and offences  7.5.1.  The user warrants that: 7.5.1.1.  the user will not use the website in any way that causes, or is likely to cause, the website and access to the website to be interrupted, damaged or im- paired in any manner; 7.5.1.2.  no form of virus, Trojans, worms, logic bombs, or other malicious coding, virus or software will be introduced onto the website or into Strauss & Co’s information technology systems which may cause any form of technological harm or any other form of harm in any manner or respect; 7.5.1.3.  the user will not use any robot, spider, scripts, service, software or any other automatic or man- ual device, tool, or process (a) for the purpose of compiling information regarding the identification, address or other attributes of any of Strauss & Co’s users, bidders, sellers, or buyers; or (b) to recreate in original or modified form any substantial portion of the website; or (c) to data mine or scrape any of the content on the website; or (d) otherwise access or collect any of the content, data, or information from the website using automated means. 7.5.1.4.  the user will not: (a) use services, software or any manual or automatic device, tool, or process to cir- cumvent any restriction, condition, or technological measure that controls access to the website in any way, including overriding any security feature or by- passing or circumventing any access or use controls of the website; or (b) cache or archive any content; or (c)doanything thatwould imposeanunreasona- ble or disproportionately large load on the website; or (d) do anything that may disable, damage or change the appearance of the website or interfere or attempt to interfere with the proper functioning of the website or any transactions being conducted on or in connection with the website.  7.5.2.  Any breach of this clause 7.5 regarding malicious software and offences will be reported to the rele- vant lawenforcementagenciesandStrauss&Cowill co-operate in all respects with those law enforce- ment agencies, including by way of disclosure of the identity and other personal information of the user.  7.5.3.  Although Strauss & Co and its representatives will use reasonable efforts to ensure that no malicious content can be received from the website, Strauss & Co does not warrant that the website is free of mali- cious content or viruses and Strauss & Co will not be held liable for any loss resulting from a distributed denial-of-service attack, or any malicious content as described in clauses 7.5.1.2, 7.5.1.3 and 7.5.1.4 which may infect any user’s computer or device, computer equipment, data or any other propriety material where such loss is or may be attributed to the user’s use of the website or downloads received from the website.  7.5.4.  The user warrants that the user will not use the website in any manner that will contravene any ap- plicable law or cause any annoyance, unnecessary anxiety or inconvenience to any person. 7.6.  The content on the website  7.6.1.  The content of the website is not intended for mi- nors. Such content extends to a wide range of art and antiquities, is generally uncensored, and may include nudity or graphic or literary content that some people may consider offensive. If you allow your minor child to use any of your devices, it is your responsibility to determine whether any of the services, content and subject matter displayed on the website is inappropriate for your child, and to control your child’s use of your devices and access to the website. If you yourself find offensive content of the type referred to in this clause 7.5.1, you should not use the website.  7.6.2.  The contents of the website, such as text, graphics, images, audio, video, data, coding, scripts, computer programs and other material (‘ material ’or ‘ materi- als ’), are protected by copyright laws and are owned or controlled by Strauss & Co or by third parties that have licensed their material to Strauss & Co. Strauss & Co authorises you to view and download a sin- gle copy of the material solely for your personal, non-commercial use, or solely for purposes of fa- cilitating a transaction with Strauss & Co. The use of any software that is made available for downloading from the website (‘ software ’) is governed by the terms of the software license agreement accompa- nying such software (the ‘ license agreement ’), and is conditional on your agreement to be bound by the terms of the license agreement. All rights in and to the material not expressly granted to you in the general conditions of business are reserved. Neither the availability of, nor anything contained within the website shall be construed as conferring any license under any of Strauss & Co’s or any third party’s in- tellectual property rights, other or further than as expressly provided in this clause 7.6.2, whether by implication, estoppel or otherwise.  7.6.3.  Unauthorised use of the material may violate cop- yright, trademark, and other laws. You may not sell, prepare derivative works based on or modify the material (including, without limitation, preparation of summaries of the material or ‘thumbnails’ of any images therein), or reproduce, publicly display, pub- licly perform, distribute, or otherwise use the mate- rial inanyway foranypublicorcommercialpurpose. The use of the material or any portion thereof on any other website, or in any publication, database, catalog or compilation, or in a networked computer environment for any purpose other than personal browsing of the website without the express prior written permission of Strauss & Co is strictly pro- hibited. With respect to any copy you make of the material within the scope of the limited personal licence granted herein, you must retain therein, un- modifiedandunobscured,anyandallcopyrightand other proprietary notices contained in the original material. Some of the material may contain digital ‘watermarks’to indicate their source and ownership. You agree not to attempt to remove, deactivate, re- verse engineer, modify, tamper with or obscure any such watermarks.The trademarks, logos and service marks (the ‘ marks ’) displayed on the website are owned by Strauss & Co or third parties. You are pro- hibited from using the marks without the express, priorwrittenpermissionofStrauss&Coorsuch third party. If you would like information about obtaining Strauss&Co’spermission touse thematerialonyour website, please email jhb@straussart.co.za  7.6.4.  If a user violates any provision of the general condi- tions of business, that user’s permission to use the material and the website automatically terminates and the user must immediately destroy any copies made by the user of the material.  7.6.5.  Notices of claims of copyright infringement should be directed to Strauss & Co at the address set out in clause 5.  7.6.6.  Content published on the website reflects the views of the author and does not necessarily constitute the official opinion of Strauss & Co unless otherwise stated. 7.7.  Privacy  7.7.1.  Strauss & Co is committed to maintaining your pri- vacy.Strauss&Codoes,however,gathercertainper- sonal information that you provide to the website. For information regarding Strauss & Co’s policies for using a user’s personal information please read our Privacy Policy.  7.7.2.  When a user logs onto the website using the user’s personal information, a user will be able to easily access a full record of all transactions conducted on the website. The record of each transaction shall be available forsuchperiodasmaybeprescribedunder applicable law. 7.8.   Use of the auction or commerce portions of the website The auction or commerce portions of the website are avail- able only to clients of Strauss & Co. This excludes in all cases minors (persons who have not reached their eighteenth birthday). 7.9.  Export control of software and technical data The following applies with respect to software and other material of a technical nature that you may obtain from the website (other requirements set forth in clause 2.4 to the general conditions of business may apply with respect to items offered for sale, purchased or sold): The United States ( US ) and other foreign countries controls the export of such products.You agree to comply with such restrictions and not to export or re-export the material (including software) to countries or persons prohibited under the export control laws. By downloading the material (including software), you are agreeing that you are not in a country where such export is prohibited and that you are not on the list of Specially Des- ignated Nationals and Blocked Persons maintained by the Organisation for Economic Co-operation and Development ( OFAC ), any other OFAC sanctions lists, the Consolidated List of Financial Sanctions Targets, the Consolidated List of Per- sons, Groups and Entities Subject to European Union ( EU ) Financial Sanctions maintained by the EU, or any other list of targeted persons, entities, groups or bodies issued by or on behalf of the United Nations, US, EU, United Kingdom (or any other member state of the EU); (ii) that is, or is part of, a government of any country or other territory subject to a general export, import, financial or investment embargo un- der any anti-bribery or corruption legislation (‘ sanctioned territory ’); (iii) owned or controlled by, or acting on behalf of, any of the foregoing; (iv) incorporated or located within or operating from or doing business in a sanctioned terri- tory; or (v) otherwise targeted under any anti-bribery and corruption legislation. 7.10.  Liability disclaimers  7.10.1.  Any commentary, advice, information, sugges- tions, opinions, answers or any other information posted on the website is not intended to nor shall it be interpreted to amount to advice on which reliance should be placed and is posted merely for guidance purposes only. The user makes use of any such information at the user’s own risk and in the user’s own discretion and disclaims and in- demnifies Strauss & Co from and against any and all liability and responsibility arising from any reli- ance placed on such information whether posted on the website or by any other person visiting the website.  7.10.2.  NeitherStrauss&Conoranyofouragentsor repre- sentatives make or give any representations, guar- antees or warranties of any kind (whether express or implied) as to the suitability, usability, accuracy or functionality or the auctions on the website.  7.10.3.  Notwithstanding anything to the contrary con- tained in the general conditions of business, Strauss & Co shall have no liability for any com- pensation, loss, damage, cost, claim or penalty of whatsoever nature, including direct, indirect, special, and consequential damages; loss of profits, commercial or economic loss; whether caused by latent or patent defects in the website, the access or use of the website and content contained on the website or otherwise, including in respect of any damage to any information technology sys- tem or device or loss of data that results from such activities; and any other loss of whatsoever nature, however arising out of or in connection with the general conditions of business.  7.10.4.  Although all efforts will be made by Strauss & Co in procuring that no malicious content can be received by the user through the website and al- though all efforts will be made by Strauss & Co to procure the availability of the website, Strauss & Co does not warrant that: 7.10.4.1.  the use of the website will not be free of any ma- licious content or viruses, any loss resulting from a distributed denial-of-service attack, or any ma- licious content that may infect any of the user’s devices, equipment, data or any other material caused by the user’s use of the website or as a re- sult of downloads received from the user’s use of the website; 7.10.4.2.  the website will be available at all times and the user acknowledges that all or part of the website may become unavailable due to technical related reasons, maintenance or repairs, loss of connectiv- ity or some other form of interruption (whether on a scheduled or unscheduled basis); 7.10.4.3.  the website shall be error-free or will meet any particular criteria of accuracy, completeness, others, derogatory, inflammatory, harassing, insult- ing, offensive or likely to promote violence or hatred against others or that contains abusive, offensive or profane language nor may such content be associ- ated in linking to the website. 7.3.1.4.  post advertisements or solicitations of business; 7.3.1.5.  post or transmit any chain letters or pyramid schemes; 7.3.1.6.  impersonate another person or entity; and 7.3.1.7.  intentionally or unintentionally violate any applica- ble South African or international law while using the website.  7.3.2.  If notified by a user of any communication that al- legedly does not conform to any provision of the online terms, Strauss & Co may investigate the al- legation and determine in its sole and absolute dis- cretionwhether to removeor request the removalof the communication.  7.3.3.  Strauss&Co reserves the rightatall times todisclose any information as necessary or deemed desirable by Strauss & Co to satisfy any applicable South Af- rican or international law, regulation, legal process, or governmental request or to edit, refuse to post or to remove any information or materials, in whole or part, in Strauss & Co’s sole and absolute discretion.  7.3.4.  Any material uploaded by the user to the website willbedeemed tobenon-confidentialandnon-pro- priety and in doing so the user grants Strauss & Co a non-exclusive, royalty free, sub-licensable licence to use, copy, adapt, distribute and disclose to third par- ties any such material for any purpose in any form throughout the world in perpetuity.  7.3.5.  The website may contain links to other websites. Strauss & Co has no control over such websites, does not review their content and will not be liable for their content or accuracy. The user accesses such websites at the user’s own risk and discretion.  7.3.6.  The user may link to the website, provided that the user will only provide a link to the website’s home- page and will not replicate any particular page, including the homepage. When linking to the web- site, the user confirms and agrees that it will comply and ensure compliance with the requirements of clause 7.2.  7.3.7.  Although every effort will be made to have the website available at all times, the website may be- come unavailable due to maintenance or repairs, loss of connectivity or some other form of interrup- tion. Strauss & Co does not warrant against nor will it be held liable for such downtime and is hereby indemnified from any loss, damage, claims, costs or penalties incurred as a result of such unavailability. 7.4.  Registration, passwords and signatures  7.4.1.  In consideration of your use of the website, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by any registration form that you may fill out on any website (such information being the ‘ registration data ’) and (b) maintain and promptly update the registration data to keep it true, accurate, current and complete. If you provide any registration data that is untrue, inaccurate, not current or incomplete, or Strauss & Co has grounds to suspect that such registration data is untrue, inaccurate, not current or incomplete, Strauss & Co has the right to suspend or terminate your account and refuse any and all current or future use of the website (or any portion thereof).  7.4.2.  You may receive a password and/or account desig- nation, or a digital signature upon completing the registration process on Strauss & Co’s website. You are responsible for maintaining the confidentiality of any such password, digital signature and account, and are fully responsible for all activities that occur under your password, digital signature or account. You agree to (a) immediately notify Strauss & Co of any unauthorised use of your password, digital signature or account or any other breach of security, and (b)ensure thatyouexit fromyouraccountat the endofeachsession.Strauss&Cocannotandwillnot be liable for any loss or damage arising from your failure to comply with this clause 7.4.2.  7.4.3.  Strauss & Co does not knowingly collect personal information from children under the age of 13 through the website. If you are under 13, please do not give us any personal information. We encour- 1 OCTOBER 2020