Terms and conditions website Protectin.co.za
TERMS AND CONDITIONS OF USE:
1.1. This document sets out the (“Protect in RSA”) terms and conditions(“Terms”) pertaining to the access and use of the information, products, services and functions provided on this website: www.protectin.co.za (“Website”).
1.2. Should you (“you” and/or “user”: which shall mean any person that accesses the Website disagree with any of the Terms; you must refrain from accessing the Website and/or using our services.
1.3. Protect in RSA 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, the user shall be deemed to have consented, by such access and/or use, to the Terms, as amended and/or replaced by Protect in RSA from time to time.
Content of the Website:
2.1. Protect in RSA 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.
2.2. Protect in RSA reserves the right to change and amend the products, prices and rates quoted on this Website at any time and from time to time without notice.
2.3. Protect in RSA may use the services of other organizations to provide information on the Website. Protect in RSA 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 Protect in RSA 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.
2.4. Protect in RSA 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:
2.4.1. Protect in RSA 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. Protect in RSA expressly disclaims all implied warranties, including without limitation, warranties of merchantability, fitness for a particular purpose, non-infringement, compatibility, security and accuracy;
2.4.2. whilst Protect in RSA has taken reasonable measures to ensure the integrity of this 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
2.4.3. Protect in RSA disclaims any responsibility for the verification of any claims. Information published on this Website may be done so in the format in which Protect in RSA receives it and statements from external parties are accepted as fact.
Linked Third Party Websites and Third Party Content:
3.1. Protect in RSA may provide links to third party websites on the Website. These links are provided to the user for convenience purposes only and Protect in RSA does not endorse, nor does the inclusion of any link imply Protect in RSA’s endorsement of, such websites, their owners, licensees or administrators or such websites’ content or security practices and operations.
3.2. While Protect in RSA tries to provide links only to reputable websites or online partners, Protect in RSA 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 Protect in RSA. Protect in RSA 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.
3.3. You agree that Protect in RSA 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 you 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:
4.1. 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 portion of the Website for any reason and in any manner, unless it is consistent with the intent and purpose of these Terms;
4.2. Decompile, disassemble or reverse engineer any portion of the Website;
4.3. Write and/or develop any derivative of the Website or any other software program based on the Website;
4.4. 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 Protect in RSA;
4.5. without Protect in RSA’s prior written consent, provide, disclose, divulge or make available to or permit the use of or give access to the Website by persons other than the user;
4.6. Remove any identification, trademark, copyright or other notices from the Website; and/or
4.7. Notwithstanding anything contained to the contrary in these Terms, use the Website for any purpose other than the interpretation of information contained in the Website for personal, non-commercial and information purposes only.
5.1. In order to ensure the security and reliable operation of the services to all protect in RSA users, Protect in RSA hereby reserves the right to take whatever action it finds necessary to preserve the security, integrity and reliability of its network and back-office applications.
5.2. You may not utilize the Website in any manner which may compromise the security of Protect in RSA’s networks or tamper with the Website in any manner whatsoever, which shall include without limitation, gaining or attempting to gain unauthorized access to the Website, or delivering or attempting to deliver any unauthorized, 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 Protect in RSA suffer any damage or loss, civil damages shall be claimed by Protect in RSA against the user.
5.3. Any user who commits any of the offences detailed in Chapter 13 of the Electronic Communications and Transactions Act, 2002 (“ECT Act”) (specifically sections 85 to 88 (inclusive)) shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by Protect in RSA and its affiliates, agents and/or partners.
Intellectual Property Rights:
6.1. For the purpose of this clause, the following words shall have the following meanings ascribed to them:
6.1.1. “Copyright” means whether existing now or in the future, in and to, the software including without limitation, designs and documentation relating thereto;
6.1.2. “intellectual property rights” means all intellectual property of any nature whatsoever owned and/or controlled directly or under license by Protect in RSA, including without limitation, Protect in RSA’s rights, title and interest in and to all technology, source code/s, trade secrets, logos, systems, methods, trademarks, trade names, styles, insignia, designs, patents and copyright relating to the software, whether registered or not.
6.2. All copyright and other intellectual property rights in all content, trademarks, software, data, material, including logos, databases, text, graphics, icons, hyperlinks, private information, designs, agreements, and multimedia works, published on or via the Website, are the property of, or are licensed to, Protect in RSA and as such are protected from infringement by local and international legislation and treaties.
6.3. All rights not expressly granted are reserved. The copyright in all content, information and logos vesting in the Website shall continue to vest in Protect in RSA and no right, title or interest in any proprietary material or information contained in this Website is granted to you.
6.4. Except with Protect in RSA’s express written permission, no logo, graphic, sound or image from this Website may be copied or retransmitted.
6.5. Irrespective of the existence of copyright, the user acknowledges that Protect in RSA is the proprietor of all material on the Website (except where a third party is indicated as the proprietor), whether it constitutes confidential information or not, and that the user has no right, title or interest in any such material.
6.6. Protect in RSA authorizes you only to view, copy, temporarily download to a local drive and to print the content of this Website, or any part thereof, provided that such content is used for personal purposes and for information purposes only, and such content is used for non-commercial purposes.
RISK, LIMITATION OF LIABILITY AND INDEMNITY:
7.1. 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.
7.2. THE TRANSMISSION OF INFORMATION VIA THE INTERNET, INCLUDING WITHOUT LIMITATION EMAIL, IS SUSCEPTIBLE TO MONITORING AND INTERCEPTION. THE USER BEARS ALL RISK OF TRANSMITTING INFORMATION IN THIS MANNER. UNDER NO CIRCUMSTANCES Protect in RSA BE LIABLE FOR ANY LOSS, HARM, OR DAMAGE SUFFERED BY THE USER AS A RESULT THEREOF Protect in RSA RESERVES THE RIGHT TO REQUEST INDEPENDENT VERIFICATION OF ANY INFORMATION TRANSMITTED VIA EMAIL AND THE USER CONSENTS TO SUCH VERIFICATION Protect in RSA DEEM IT NECESSARY.
7.3. TO THE EXTENT PERMISSIBLE BY LAW:
7.3.1. NEITHER Protect in RSA, 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 WEBSITE, EVEN IF Protect in RSA KNOWS OR SHOULD REASONABLY HAVE KNOWN OR IS EXPRESSLY ADVISED THEREOF.
7.3.2. THE LIABILITY OF Protect in RSA 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 Protect in RSA RECTIFYING THE MALFUNCTION, WITHIN A REASONABLE TIME AND FREE OF CHARGE, PROVIDED THAT Protect in RSA 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 Protect in RSA. HOWEVER IN NO EVENT SHALL Protect in RSA 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.
7.3.3. YOU HEREBY UNCONDITIONALLY AND IRREVOCABLY INDEMNIFY Protect in RSA AND AGREE TO HOLD Protect in RSA FREE FROM ALL LOSS, DAMAGES, CLAIMS AND/OR COSTS, OF WHATSOEVER NATURE SUFFERED OR INCURRED BY Protect in RSA OR INSTITUTED AGAINST Protect in RSA AS A DIRECT OR INDIRECT RESULT OF:
220.127.116.11. YOUR USE OF THE WEBSITE; OR
18.104.22.168. SOFTWARE, PROGRAMS AND SUPPORT SERVICES SUPPLIED BY, OBTAINED BY OR MODIFIED BY YOU OR ANY THIRD PARTY WITHOUT THE CONSENT OR KNOWLEDGE OF Protect in RSA; OR
22.214.171.124. YOUR FAILURE TO COMPLY WITH ANY OF THE TERMS OR ANY OTHER REQUIREMENTS WHICH Protect in RSA MAY IMPOSE FROM TIME TO TIME; OR
126.96.36.199. THE ACTIONS OR REQUIREMENTS OF ANY TELECOMMUNICATIONS AUTHORITY OR A SUPPLIER OF TELECOMMUNICATIONS SERVICES OR SOFTWARE; OR
188.8.131.52. ANY UNAVAILABILITY OF, OR INTERRUPTION IN, THE SERVICE WHICH IS BEYOND THE CONTROL OF Protect in RSA.
7.4. Protect in RSA 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 Protect in RSA FOR ANY LOSS SUFFERED BY YOU, AS A RESULT OF INFORMATION SUPPLIED BY Protect in RSA BEING INCORRECT, INCOMPLETE OR INACCURATE.
8.1. By subscribing as a Protect in RSA user, you agree that you shall hold in the strictest confidence and not disclose to any third party information acquired in connection with any aspect of the products and/or services offered by Protect in RSA. You shall notify Protect in RSA should you discover any loss or unauthorized disclosure of the information.
8.2. Any information or material sent to Protect in RSA will be deemed not to be confidential, unless otherwise agreed in writing by the user and Protect in RSA.
Breach; Cancellation by Protect in RSA:
9.1. Protect in RSA is entitled without notice, in addition to any other remedy available to it at law or under these Terms, including obtaining an interdict, to cancel these Terms, limit or deny such user use of the Website and services, or to claim specific performance of any obligation whether or not the due date for performance has arrived, in either event without prejudice to Protect in RSA’s right to claim damages, should any user:
9.1.1. Breach any of these Terms;
9.1.2. in the sole discretion of Protect in RSA, use the Website in an unauthorized manner; or
9.1.3. Infringe any statute, regulation, ordinance or law.
9.2. Breach of these Terms entitles Protect in RSA to take legal action without prior notice to the user and the user agrees to reimburse the costs associated with such legal action to Protect in RSA on an attorney and own client scale.
Compliance with Section 43(1) of ECT Act:
In compliance with section 43(1) of the ECT Act, the following is noted:
10.1. Full name: Protect in RSA
10.2.1 Registration number:
10.2.2 VAT Registration number:
10.3. Physical address: 323 Lynwood road Menlo Park South Africa
10.4. Fax number: +
10.5. Telephone number: +27 87 720 1066
10.6. Website address: www.protectin.co.za
10.8. Names of bearers: Chief executive officer Robert Lawrence de Lange
10.9. Registered at: Lynwood road Pretoria
General Compliance with Laws:
You shall comply with all applicable laws, statues, ordinances and regulations pertaining to your use of and access to this Website.
Alternatively, Protect in RSA may give you notice by registered mail, postage prepaid and return receipt requested, to the address which you have provided to Protect in RSA. In such case, notice shall be deemed given 7 (seven) days after the date of mailing. The user of this Website acknowledges that all agreements, notices or other communication required to be given in terms of the law or these Terms may be given via electronic means and that such communications shall be “in writing”. Notwithstanding anything to the contrary, a written notice or communication actually received by a party shall be an adequate written notice or communication to it, notwithstanding that it was not sent to or delivered at its chosen address/es for that purpose.
13.1. These Terms shall be governed in all respects by the laws of the Republic of South Africa as such laws are applied to agreements entered into and to be performed within South Africa.
13.2. This Website is controlled, operated and administered by Protect in RSA from its offices within the Republic of South Africa. Protect in RSA makes no representation that the content of the Website is appropriate or available for use outside of South Africa. Access to the Website from territories or countries where the content of the Website is illegal is prohibited. Users may not use this Website in violation of South African export laws and regulations. If the user accesses this Website from locations outside of South Africa, that user is responsible for compliance with all local laws.
13.3. Protect in RSA does not guarantee continuous, uninterrupted or secure access to our services, as operation of our Website may be interfered with as a result of a number of factors which are outside of our control.
13.4. If any provision of these Terms is held to be illegal, invalid or unenforceable for any reason, such provision shall be struck out from these Terms and the remaining provisions shall be enforced to the full extent of the law.
13.5. Protect in RSA’s failure to act with respect to a breach by you or others do not constitute a waiver of our right to act with respect to subsequent or similar breaches.
13.6. You shall not be entitled to cede your rights or assign your rights or delegate your obligations in terms of these Terms to any third party without the prior written consent of Protect in RSA.
13.7. No party shall be bound by any express or implied term, representation, warranty, promise or the like not recorded herein, whether it induced the contract and/or whether it was negligent or not.
13.8. The head notes to the paragraphs to these Terms are inserted for reference purposes only and shall not affect the interpretation of any of the provisions to which they relate.
13.9. Words importing the singular shall include the plural and vice versa, and words importing the masculine gender shall include females and words importing persons shall include partnerships and corporate and unincorporated entities.
13.10. These Terms set forth the entire understanding and agreement between Protect in RSA and you with respect to the subject matter hereof.