These Terms are binding and enforceable against every person that accesses or uses this Website (“you”, “your”, “user” or “Data Subject”). By using the Website you acknowledge that you have read, understood, and hereby agree to be bound by these Terms.
By using the Website you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian. You must obtain your parents’ or legal guardian’s advance authorisation, permission and consent to be bound by these Terms and to be liable and responsible for you and all your obligations under these Terms.
The Company permits the use of this Website subject to the Terms. By using this Website in any way, you accept all the Terms unconditionally. Should any person that accesses the Website disagree with any of the Terms, you must refrain from accessing the Website and/or using the Company Services.
The Company reserves the right, in its sole discretion, to amend and/or replace any of, or the whole of, the Terms. Such amendments shall supersede and replace any previous Terms and shall be made available on the Website. Each time a user accesses the Website and/or uses the Services, you consent, by such access and/or use, to the Terms, as amended and/or replaced by the Company from time to time. If you are not satisfied with the amended Terms, you should refrain from using the Website.
If there is anything in these Terms that you do not understand then please contact us as soon as possible by emailing the Company at email@example.com.
You may use the Website only for lawful purposes.
If you access any part of the Company Website you agree that you will not use the Website:
in any way that breaches any applicable local, national or international law or regulation;
in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect;
for the purpose of harming or attempting to harm minors in any way;
in such a way that disrupts, interferes with or restricts the use of the Website by other users;
to transmit or procure the sending of any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (‘spam’);
to transmit knowingly any data, or send or upload any material, that contains viruses, trojans, worms or any other computer code, programs or files designed to destroy, interrupt or limit the functionality of any computer, computer software or hardware or telecommunications equipment;
to gain unauthorised access to the Company Website, the server on which the Company Website is stored or any server, computer or database connected to the Company Website.
Use of your personal information
If you supply personal information to the Company through this Website, Products or Services the Company will maintain, record and use such personal information in accordance to these Terms.
Uploading content to the Website
You must ensure that any materials uploaded, displayed or transmitted by you through or to the Website are not false, offensive, defamatory, threatening, obscene or unlawful and do not breach or infringe the rights of any person anywhere in the world.
Whenever you make use of the Product activation feature that allows you to upload content to the Website, or to make contact with other users of the Company Website, you must comply with the ‘Permitted Uses’ set out above.
Information you provide
The Company collects information from you when you choose to provide it to the Company. For example, the Company collect your information when you submit a webform requesting information, and activating a Product or Service.
The information the Company collect may include personal information – such as your name, email address, telephone number, and the content of any communications that the Company exchange – as well as non-personal information when you:
indicate an interest in a product or service;
create an account;
register for a Product or Service, either directly with the Company, or through some other means;
make a payment;
participate in the Company surveys, promotions, and competitions;
sign up for a newsletter;
communicate with the Company, for example by submitting queries regarding the Website; and
use the Website.
The Company shall only collect a Data Subject’s personal information for a specific, explicitly defined and lawful purpose relating to a function or activity of the Company’s business.
Content of the Website
The Website details various information about the Company, inter alia, the Products sold by the Company (including images and technical detail), details of Services offered by the Company, advice related to Product activations and use, contact and other details of the Company.
The Company reserves the right to make improvements, to change or to discontinue, without notice, any aspect or feature of the Website and any information or content on the Website.
The Company reserves the right to change and amend the details quoted on the Website from time to time without notice.
The Company may use the services of third parties to provide information on the Website. The Company has no control over this information and makes no representations or warranties of any nature as to its accuracy, appropriateness or correctness. The user agrees that such information is provided “as is” and that the Company and its online partners shall not be liable for any losses or damages that may arise from the user’s reliance on it, howsoever these may arise.
The Company makes no representations or warranties, whether express or implied, as to the accuracy, completeness or reliability of any information, data and/or content on the Website, including without limitation:
the Company does not warrant that the Website or information or downloads shall be error-free or that they shall meet any particular criteria of performance or quality;
whilst the Company has taken reasonable measures to ensure the integrity of the Website and its contents, no warranty, whether express or implied, is given that any files, downloads or applications available via this Website are free of viruses, or any other data or code which has the ability to corrupt, damage or affect the operation of the user’s system; and
whilst the Company has taken reasonable measures to ensure that the content of the Website is accurate and complete, the Company makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website. If any such representations or warranties are made by the Company’s representatives, the Company shall not be bound thereby.
Linked third-party websites and third-party content
The Company may provide links to third-party websites on the Website. These links are provided to the user for convenience purposes only and the Company does not endorse, nor does the inclusion of any link imply the Company’s endorsement of such websites, their owners, licensees, administrators, content or security practices and operations.
While the Company tries to provide links only to reputable websites or online partners, the Company cannot accept responsibility or liability for the information provided on other websites. Linked websites or pages are not under, nor subject to, the control of the Company. The Company is not responsible for and gives no warranties or makes any representations in respect of the privacy policies or practices of linked or any third-party or advertised websites on the Website.
You agree that the Company shall not be held liable, directly or indirectly, in any way for the content, the use or inability to use or access any linked website or any link(s) contained in a linked website, nor for any loss or damage of any sort incurred as a result of any dealings with, or as the result of the presence of such third-party linked websites on the Website. Any dealings that you may have with any linked websites, including advertisers, found on the Website, are solely between you and the third-party website.
The user hereby agrees that it shall not itself, nor through a third party:
Copy (other than for backup, archival or disaster recovery purposes), reproduce, translate, adapt, vary, modify, lease, license, sub-license, encumber or in any other way deal with any part of the Website for any reason and in any manner, unless it is consistent with the intent and purpose of these Terms;
Decompile, disassemble or reverse engineer any portion of the Website;
Write and/or develop any derivative of the Website or any other software program based on the Website;
Modify or enhance the Website. In the event of a user effecting any modifications or enhancements to the Website in breach of this clause, such modifications and enhancements shall be the property of the Company;
Remove any identification, trademark, copyright or other notices from the Website; and/or
Post or transmit, by means of reviews, comments, suggestions, ideas, questions or other information through the Website, any content which is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually-explicit, profane or hateful, or racially, ethnically or otherwise objectionable.
In order to ensure the security and reliable operation of the Services to all the Company’s users, the Company hereby reserves the right to take whatever action it may deem necessary to preserve the security, integrity and reliability of its network and back-office applications.
You may not utilise the Website in any manner which may compromise the security of the Company’s networks or tamper with the Website in any manner whatsoever, which shall include without limitation, gaining or attempting to gain unauthorised access to the Website, or delivering or attempting to deliver any unauthorised, damaging or malicious code to the Website, all of which is expressly prohibited. Any person or entity which does so, or attempts to do so, shall be held criminally liable. Further, should the Company suffer any damage or loss, civil damages shall be claimed by the Company against the user.
Any user who commits any of the offences detailed in Chapter 13 of the Electronic Communications and Transactions Act 25 of 2002 (“ECTA”) (specifically sections 85 to 88 (inclusive)) shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by the Company and its affiliates, agents and/or partners.
Risk, limitation of liability and indemnity
The user’s use of this Website and the information contained on the Website is entirely at the user’s own risk and the user assumes full responsibility and risk of loss resulting from the use thereof.
The transmission of information via the internet, including without limitation e-mail, is susceptible to monitoring and interception. The user bears all risk of transmitting information in this manner.
Under no circumstances shall the Company be liable for any loss, harm, or damage suffered by the user as a result thereof. The Company reserves the right to request independent verification of any information transmitted via e-mail and the user consents to such verification should the Company deem it necessary.
To the extent permissible by law:
Neither the Company, its affiliates, shareholders, agents, consultants or employees shall be liable for any damages whatsoever, including without limitation any direct, indirect, special, incidental, consequential or punitive damages, howsoever arising (whether in an action arising out of contract, statute, delict or otherwise) related to the use of, or the inability to access or use the content of the Website or any functionality thereof, or the information contained on the Website, or of any linked websites, even if the Company knows or should reasonably have known or is expressly advised thereof.
The liability of the Company for faulty execution of the Website as well as all damages suffered by the user, whether direct or indirect, as a result of the malfunctioning of the Website shall be limited to the Company rectifying the malfunction, within a reasonable time and free of charge, provided that the Company is notified immediately of the damage or faulty execution of the Website. This liability shall fall away and be expressly excluded if the user attempts to correct or allows third parties to correct or attempt to correct the Website without the prior written approval of the Company. However, in no event shall the Company be liable to the user for loss of profits or for special, incidental, consequential or punitive losses or damages arising out of or in connection with the Website or its use or the delivery, installation, servicing, performance or use of it in combination with other computer software.
You hereby unconditionally and irrevocably indemnify the Company and agree to hold the Company free from all loss, damages, claims and/or costs, of whatsoever nature suffered or incurred by the Company or instituted against the Company as a direct or indirect result of:
your use of the Website and/or any linked third party website;
software, programs and support services supplied by, obtained by or modified by you or any third party without the consent or knowledge of the Company;
your failure to comply with any of the terms or any other requirements which the Company may impose from time to time;
the actions or requirements of any telecommunications authority or a supplier of telecommunications services or software; or
any unavailability of, or interruption in, the service which is beyond the control of the Company.
The Company makes no warranty or representation as to the availability, accuracy or completeness of the content of the Website. You expressly waive and renounce all your rights of whatever nature that you may have against the Company for any loss suffered by you, as a result of information supplied by the Company being incorrect, incomplete or inaccurate.