This agreement and the resolution of any disputes related to this agreement or the website shall be governed by and construed in accordance with the laws of South Africa, without regard to any principles of conflicts of law. Any legal proceedings between Ogilvy, its Client, and you related to the agreement will be conducted exclusively in a court of competent jurisdiction in South Africa, and you agree to submit to the personal and exclusive jurisdiction of such courts.
Limitations of Liability
Ogilvy, our Client, and our officers, directors, affiliates, shareholders, agents, suppliers, consultants, or employees assume no responsibility for any consequence relating directly or indirectly to any action or inaction you take based on the content available via the website. You must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. You specifically acknowledge that Ogilvy and its Client is not liable for the defamatory, offensive or illegal conduct of users or third parties.
Furthermore, Ogilvy, our Client, and our officers, directors, affiliates, shareholders, agents, suppliers, consultants, or employees will not be liable for any special, indirect, incidental, punitive, or consequential damages, including, without limitation, any loss of use, loss of profits, loss of data, cost of procurement of substitute products or services, or any other such damages, howsoever caused, and on any theory of liability, whether for breach of contract, delict (including negligence and strict liability), or otherwise resulting from the use of, or the inability to use the website; the cost of procurement of substitute services, items, or websites; unauthorized access to or alteration of your transmissions or data; the statements or conduct of any third party on the website; or any other matter relating to the website. These limitations will apply regardless of whether Ogilvy has been advised of the possibility of such damages and notwithstanding any failure of essential purpose of any limited remedy.
Indemnification Clause
You hereby agree to indemnify and hold harmless Ogilvy, our client, and our officers, directors, affiliates, shareholders, agents, suppliers, consultants, or employees from any and all liabilities, damages, losses, claims, or expenses (inclusive of reasonable attorneys’ fees) that arise directly or indirectly from your breach of this agreement or the content you submit, post, or transmit through the website.
