1.1. In this document the following words shall have the meaning ascribed to them:
1.1.1. “Content” means all content uploaded by Us or our representatives onto the Platforms;
1.1.2. “CPA” means the Consumer Protection Act 68 of 2008;
1.1.3. “Data” means all data provided by you to us directly or indirectly, including your Personal Information;
1.1.4. “Parties” means You and Us and “Party” means either You or Us, as required by the context;
1.1.5. “Personal Information” has the meaning assigned to that term in the POPI Act;
1.1.6. “POPI Act” means the Protection of Personal Information Act No 4 of 2013 and any regulations published under that Act, and any amendments to that Act and/or the regulations from time to time (if any);
1.1.7. “Services” means the services offered by Us via the Platforms;
1.1.8. “Social Media Pages” means the following social media pages operated or used by us –
1.1.9. “Terms” means the terms and conditions set out in this document which operate between You and Us in connection with Your use of the Platforms, as may be amended, varied or added to from time to time by Us;
1.1.10. “Us” “We” or “Our” refers to NUtec Digital Ink Proprietary Limited (Registration Number 2009/017637/07;
2.1. By using the Platforms You are indicating Your acceptance to be bound by these Terms.
2.2. We may revise these Terms at any time by updating this page.
2.3. You should visit this page periodically to review the Terms to which you are bound.
2.4. You understand that third party websites, domains and/or platforms (including the Social Media Pages) which you visit have their own terms and conditions of use, privacy, cookies and other policies (“Third Party Terms and Policies”) to which You may be bound.
2.5. The Terms contained in this document –
2.5.1. operate between You and Us (NUtec Digital Ink Proprietary Limited) only;
2.5.2. exist independently of the Third Party Terms and Policies; and
2.5.3. do not purport to replace, substitute, novate or in any way amend the Third Party Terms and Policies.
3.1. In terms of Section 49 of the CPA, any notice to consumers or provision of a consumer agreement that purports to —
3.1.1. Limit in any way the risk or liability of the supplier or any other person;
3.1.2. Constitute an assumption of risk or liability by the consumer; or
3.1.3. Impose an obligation on the consumer to indemnify the supplier or any other person for any cause,
must be drawn to the attention of the consumer in a manner and form that satisfies the formal requirements of the CPA. IN THIS REGARD WE HEREBY REFER YOUR ATTENTION TO CLAUSES 6.3, 8.3, 12, 13 AND 14.
6.1.1. all Data you submit to Us and/or upload to the Platforms will be true, accurate, current, and complete at all times;
6.1.2. the Data You upload does not copy the work of any third party or otherwise infringe any third party intellectual property rights and the uploading of such Data does not and will not violate applicable laws or the rights of any third party.
6.2. You shall –
6.2.1. be responsible for checking that the Data has been successfully uploaded and is stored in the correct location;
6.2.2. continuously update Your Data.
6.3. You indemnify us against all claims, losses and/or damages sustained by Us or any of our agents, representatives, customers and/or suppliers as a result of Our or their reliance on or use of the Data.
8.1. All Content, trademarks and data on the Platforms, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information and designs belong to Us or to third parties who have granted us access to or use thereof.
8.2. We do not grant you a licence or any other right including without limitation under copyright, trade mark or patent in/or to the Content.
8.3. The Website and the Content is provided “as is” for Your information and personal use only. We do not guarantee the accuracy or reliability of the Content.
8.4. Except as expressly provided in these Terms, no part of the Website and no Content may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without Our express prior written permission.
9.1. You may not access or use the Platforms or the Content for any purpose other than that for which We make the Platforms and/or the Content available to You.
9.2. You agree not to:
9.2.1. access data not intended for You or to log into a server or account which You are not authorised to access;
9.2.2. send unsolicited email, including promotions and/or advertising of products or services to any person in our mailing list and/or to any users of the Platforms;
9.2.3. probe, scan or test the vulnerability of a system or network or breach security or authentication measures without proper authorisation;
9.2.4. circumvent, disable, or otherwise interfere with security-related features of the Platforms;
9.2.5. engage in unauthorized framing of or linking to the Platforms;
9.2.6. trick, defraud, or mislead Us and/or other Platforms users, especially in any attempt to learn sensitive account information such as user names or passwords;
9.2.7. delete or revise any material posted by any other person or entity;
9.2.8. make improper use of our support services or submit false reports;
9.2.9. engage in any automated use of the Platforms, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools;
9.2.10. attempt to impersonate another Platform user or person or use their username, password or email address;
9.2.11. attempt to interfere with services to any user, host or network, including, without limitation, via means of submitting a virus to the Platforms, overloading, “flooding”, “spamming”, “mail bombing” or “crashing;
9.2.12. use any device, software or routine to interfere or attempt to interfere with the proper working of the Platforms or any activity being conducted on the Platforms;
9.2.13. forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting;
9.2.15. except as may be the result of standard search engine or internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Platforms, or use or launch any unauthorized script or other software;
9.2.16. use the Platforms in a manner inconsistent with any applicable laws or regulations.
9.3. Violations of Platforms, system or network security may result in civil or criminal liability. We will investigate occurrences, which may involve Us cooperating with law enforcement authorities in prosecuting users who are involved in such violations.
10.1. These Terms shall remain in full force and effect while you make use of the Platforms.
10.2. We reserve the right to terminate Your use of or participation in the Platforms or delete Your account and/or any content or information that you posted at any time, without warning, in Our sole discretion.
10.3. If we terminate or suspend Your account for any reason, You are prohibited from registering and creating a new account under Your name, a fake or borrowed name.
10.4. In addition to terminating or suspending Your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil and criminal redress.
11.1. We reserve the right to change, modify, or remove the Content at any time or for any reason at our sole discretion without notice. However, We have no obligation to update any information on the Platforms.
11.2. We also reserve the right to modify or discontinue all or part of the Platforms without notice at any time.
11.3. We will not be liable to You or any third party for any modification, suspension, or discontinuance of the Platforms.
11.4. We cannot guarantee that the Platforms will be available at all times. It may experience hardware, software, or other problems and we may as a result need to perform maintenance related to the Platforms, resulting in interruptions, delays, or errors.
11.5. Nothing in these Terms will be construed as obligating Us to maintain and support the Platforms or to supply any corrections, updates, or releases in connection therewith.
11.6. We reserve the right at any time to deny You access to and use of the Platforms (including by way of blocking certain IP addresses), for any reason or for no reason.
12.1. The Platforms carry advertisements, news, reviews and other Content independently published by third parties. We are not involved in the creation or publishing of this Content and We do not independently review this Content. You rely on this Content at Your sole risk.
12.2. Insofar as the Platforms contain links to any other internet websites, you acknowledge and agree that We do not have control over any such websites and that We shall therefore not be liable in any way for the content or functionality of any such linked websites, nor for any costs, expenses, losses or damages of any nature whatsoever arising from your access and/or use of any such websites.
12.3. Whilst We have taken reasonable measures to ensure the integrity of the Website, the Content and the Services, the same is provided on an as-is and as-available basis. To the fullest extent permitted by law, We disclaim all warranties, express or implied, in connection with the Platforms, the Content, the Services and your use thereof including without limitation:
12.3.1. that the Platforms, Content or Services will be uninterrupted, timely, secure or error free;
12.3.2. that any files, downloads or applications available via the Platforms are free of viruses, trojans, bombs, time-locks or any other data, code or harmful mechanisms which has the ability to corrupt or affect the operation of Your system;
12.3.3. that the Platforms or Content is accurate or reliable or fit for any particular purpose; or
12.3.4. that the Platforms or Content do not infringe the intellectual property rights of third persons; and/or
12.3.5. that the Platforms, Content or Services are fit for any particular purpose or will meet your requirements or expectations.
12.4. In no event shall We, and/or any third party contributors of material to the Platforms be liable for any costs, expenses, losses and/or damages of any nature (whether direct, indirect, punitive, incidental, special or consequential) arising out of or in any way connected with Your use of the Platforms or reliance on the Content, loss or corruption of Data, Your inability to use the Platforms and/or the operational failure of the Platforms, whether or not such costs, expenses, losses and damages are based on contract, depict, strict liability or otherwise.
13.1. This disclaimer pertains to any email containing information about Us or our products or services.
13.2. It is intended only for the person to whom it is addressed and access to this e-mail by anyone else is unauthorised.
13.3. Any recipient who is not named as an addressee in an email is not entitled to read this email, to disclose its content to any person or to make copies.
13.4. If You have received an email in error, please notify Us immediately by return email.
13.5. Whilst all reasonable steps are taken to ensure the accuracy and integrity of information and/or data transmitted electronically and to preserve the confidentiality thereof, no liability or responsibility whatsoever is accepted if information or data is, for whatever reason, corrupted or does not reach its intended destination.
13.6. In the event that any e-mail is of a personal nature and not business related, the recipient accepts that the e-mail is not authorised by, or sent on behalf Us or Our affiliates.
14.1. You indemnify and hold Us, our affiliates, customers. suppliers and subcontractors harmless from and against any third party claims, damages or costs (including reasonable attorney’s fees) caused by or attributable to Your –
In the event that any term or condition in these Terms is not fully enforceable or valid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall not be affected by such unenforceability or invalidity and shall remain enforceable and applicable.
17.1. You agree that We shall not be required to furnish security in terms of Rule 62 of the Magistrate’s Court Act or in terms of Rule 47 of the Supreme Court Act 59 of 1959.
17.2. You consent to the jurisdiction of the Magistrates Court in terms of Section 45 of the Magistrate’s Court Act, (No 32 of 1944) as amended, having Jurisdiction under Section 28 of the said Act, notwithstanding that the claim by Us exceeds the nominal jurisdiction of the Magistrate’s Court as to the amount claimed. We shall, in Our discretion, be entitled to proceed against You in any other court with competent Jurisdiction, notwithstanding the foregoing.
17.3. These Terms are personal to You and You may not without Our written consent assign, mortgage, charge or dispose of any of Your rights hereunder, or subcontract or otherwise delegate any of Your obligations hereunder.
17.4. Any printout of computer evidence tendered by any party, shall be admissible evidence and no party shall object to the admissibility of such evidence purely on the grounds that such evidence is computer evidence or that the requirements of the Electronic Communications and Transactions Act No 25 of 2002 or any other associated legislation have not been met.
17.5. You acknowledge that, in agreeing to these Terms, You do not do so on the basis of, and You do not rely on, any representation, warranty or other provisions except as expressly provided in these Terms, and all conditions, warranties or other terms implied by statute or common law are hereby excluded to the fullest extent permitted by law.
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