TERMS AND CONDITIONS
1.
INTRODUCTION
These are the Website Terms and Conditions of Use
relating to
the various products and services ("the
Services") provided by Weavind Online (Pty) Ltd ("Weavind Online") through
the website located at the following URL
https://covid19.weavindonline.co.za/
and domain name Covid19.weavindonline.com
("the Website"), which Website is
owned and operated by Thinkmoney (Pty) Ltd t/a Data Inc. Technologies
("Data
Inc.")
. Weavind Online and Data Inc. shall hereafter be referred to as
"the
Providers"
.
These Terms and
Conditions ("the Terms and Conditions") govern your ("the User") use of the Website
and Services associated therewith. By accessing and using, and in particular
indicating your acceptance of the terms by clicking on the
I accept these
terms
button as provided for on the Website, the User agrees to be bound
by the Terms and Conditions set out in this document. The content of this
Website is proprietary to Weavind Online and / or otherwise utilized in terms
of a license agreement entered into between Data Inc. and Weavind Online. As
such, the User may not access, display, use, download, and/or otherwise copy and/or
distribute content obtained on the Website for any purposes other than as
provided for in these Terms and Conditions without the prior written consent of
the Weavind Online.
In terms of section 49 of
the Consumer Protection Act, 2008 your attention is drawn to clauses 2, 3, 4, 6,
7, 10, 11, and 13 which:
i)
limit in any way
the risk or liability of the Providers or any other person;
ii)
constitute an
assumption of risk or liability by the User;
iii)
impose an
obligation on the User to indemnify the Providers or any other person for any
cause; or
iv)
constitute
an acknowledgement of any fact by the User.
2.
Contractual Capacity to Act
The User warrants that he
/ she is at least 18 (eighteen) years of age and has the necessary contractual
and mental capacity to enter into and be bound by these Terms and Conditions.
Where the User acts on behalf of a juristic person, the User agrees to bind
himself / herself as surety and co-principal debtor with such juristic person
for the due performance of the juristic person's obligations in terms of these
Terms and Conditions. Notwithstanding the aforegoing, the User (where he/she
acts on behalf of a juristic person) warrants that he / she has the necessary
authority and capacity to enter into and bind the juristic person to these Terms
and Conditions.
3.
Electronic Communications
By using this Website or
communicating with the Providers by electronic means, the User consents and
acknowledges that any and all agreements, notices, disclosures, or any other
communication shall have been adequately addressed to the User upon
transmission by e-mail to the e-mail address provided by the User constitutes
proper notice to the User.
4.
E-Commerce
The Website covid19.weavindonline.com
offers access to various legal documents relating to compliance by
organisations and institutions with various Regulations published by the South
African Government from time to time, in terms of the relevant provisions of
the Disaster Management Act, 57 of 2002 ("the Services"). Under certain
circumstances, the Providers may also afford the User an opportunity to purchase
hard copies of tailored legal documents and associated material ("the Products").
The use of any of the Products or Services bought from the Providers through
the introduction thereof by this Website, is at the User's own risk. The User
indemnifies and holds the Providers harmless against any loss, injury or
damages which may be sustained as a result of using the Products or Services introduced
to the User through the Website.
5.
Personal Information
5.1
The
User shall make available and consents to the processing of the following
personal information by the Providers:
i)
e-mail
address;
ii)
name
and surname;
iii)
identity
number;
iv)
gender;
v)
year
of birth;
vi)
company
name;
vii)
registration
number;
viii)
physical
address;
ix)
IP
address;
x)
telephone
number.
("the
Personal Information")
5.2
The
Personal Information will be processed by the Providers, pursuant to and for
the following purposes:
i)
verifying
the identity of the User;
ii)
transmitting
and receiving necessary correspondence to the User in relation to the Products
or Services;
iii)
facilitating
delivery of the Products or access to the Services to the User;
iv)
generally
delivering and distributing the Products and/or Services introduced through the
Website;
v)
processing
payments, issuing invoices, refunds and the like in respect of any Products and
Services purchased by the User; and
vi)
transmitting
marketing material to the User in respect of other Products and Services sold
by the Providers.
5.3
The
User's Personal Information shall be retained in the strictest confidence by
the Providers and will not be sold or made known to third parties without the
User's prior written consent.
5.4
Should
the User need to amend any of its Personal Information, it shall do so by means
of written notice sent to the email addresses as per paragraph 15.
5.5
Failure
by the User to submit the requisite personal information will render the
Providers unable to deliver the Products or Services to the User.
6.
Security Safeguards
6.1
The
Providers shall take appropriate, reasonable technical and organisational
measures to secure the integrity and confidentiality of personal information in
their possession in order to guard against:
i)
loss
of, damage to or unauthorised destruction of personal information; and
ii)
unlawful
access to or processing of personal information.
6.2
The
Providers shall not however be held responsible and the User agrees to
indemnify and hold harmless the Providers for any security breaches occurring
on the User's electronic device (personal computer or other electronic device
used to browse the Website or access the Products or Services offered through
the Website), which may arise as a result (without limitation) of the lack of
adequate virus protection software or spyware that the User may inadvertently
have installed on his/her device.
7.
Quality of goods
In instances where the Providers
offer any Products for sale which are purchased by the User, the Providers will
supply all such Products in good order and on the terms provided herein.
8.
Online Payment – PayGate Payment Gateway
All online card payments are processed by PayGate (Pty) Ltd. PayGate’s terms and conditions can be obtained and viewed at www.paygate.co.za. Weavind Online may, in its discretion, accept payments for Products and/or Services by way of Electronic Funds Transfer (EFT) into the banking account, the details of which are stipulated on the Website. Payment shall in each instance be made subject to the payment terms stipulated in the relevant tax invoice issued to the User by Weavind Online (Pty) Ltd.
9.
Updating of these Terms and
Conditions
The Providers reserve the rights to
change, modify, add or remove from portions or the whole of these Terms and
Conditions from time to time. Changes to these Terms and Conditions will become
effective upon such changes being posted to this Website. It is the User's
obligation to periodically check these Terms and Conditions on the Website for
changes or updates. The User's continued use of this Website following the
posting of changes or updates will be considered notice of the User's
acceptance to abide by and be bound by these Terms and Conditions, including
such changes or updates.
10.
Limitation of liability
10.1
The Website and all content on the
Website, including any current or future offer of Products or Services, are
provided on an "as is" basis, and may include inaccuracies or typographical
errors. The Providers make no warranty or representation as to the availability,
accuracy or completeness of the content. Neither the Providers, their
directors, prescribed officers, agents or assigns, shall be held responsible
for any direct or indirect special, consequential or other damage of any kind
whatsoever suffered or incurred, related to the use of, or the inability to
access or use the content or the Website (or any functionality thereof or any
linked website), or the Products and/or Services offered through the Website, even
if the Providers are expressly advised thereof.
10.2
Neither the User or any other person
shall have any claim against the Providers for any direct, consequential,
incidental, indirect or special loss or damages, including, without limitation,
business interruption, loss of business information, loss of data or other
pecuniary loss, arising from the unavailability of the Products and/or the Services,
regardless of whether such claim is based on breach of contract, delict, breach
of implied warranties or otherwise and even if the possibility of such loss or
damages could have been foreseen or if the Providers were negligent.
10.3
The User therefore indemnifies and
holds the Providers harmless against any loss, injury or damages which may be
sustained as a result of:
i)
using the Website, or the Products or
Services offered through or by means of the Website;
ii)
the User's failure to comply with
his/her obligations in terms of these Terms and Conditions; or
iii)
the unavailability of, or
interruption of the Products and/or Services provided to the User by the
Providers through, or by means of the Website, as contemplated in clause 10.2
above.
11.
Casual Surfing
The User may visit the Website
without providing any personal information. The Website servers may in such
instances collect the IP address of the User's computer or other electronic
device, but not the e-mail address or any other distinguishing information.
This information is aggregated to measure the number of visits, average time
spent on the Website, pages viewed, etc. The Providers use this information to
determine use of the Website, and to improve content thereon. The Providers
assume no obligation to protect this information, and may copy, distribute or
otherwise use such information without limitation.
12.
Governing Law
This Website is controlled, operated
and administered by Data Inc. from its offices within the Republic of South
Africa. Access to the Website from territories or countries where the content
or purchase of the Products or Services offered through the Website is illegal,
is prohibited. These Terms and Conditions shall be governed by the laws of the
Republic of South Africa, and the User consents to the jurisdiction of any High
Court with jurisdiction for purposes of resolving any dispute in connection
with the use of this Website and the Products or Services. If any of the
provisions of these Terms and Conditions are found by a court of competent
jurisdiction to be invalid or unenforceable, that provision shall be enforced
to the maximum extent permissible so as to give effect to the intent of these
Terms and Conditions, and the remainder of these Terms and Conditions shall
continue in full force and effect. These Terms and Conditions constitute the
entire agreement between the Providers and the User with regard to the use of
the Website and the Products or Services offered to the User through the
Website.
13.
General Use of the Website and the Products
or Services
13.1
The
User may not use, reproduce, adapt, distribute, publish or in any other way
deal or interfere with the Products and/or Services without the prior written
consent of the Providers.
13.2
The
User may not establish a hyperlink, frame, metatag, similar reference, whether
electronically or otherwise, or any other reference to the Website without the
prior written consent of the Providers.
13.3
The
Providers reserve the right to make any changes or modification, as well as
discontinue any aspect of the Website, its content and/or the Services offered
by or through the Website at any time and without prior notice to the
User. No such change, suspension, modification
or discontinuance shall entitle the User to any refund or compensation or give
rise to any liability whatsoever.
13.4
The
User agrees that it will only use the Services in accordance with these Terms
and Conditions, including any terms and conditions incorporated herein by
reference.
13.5
The
User may not post content on the Website that is illegal, unlawful, obscene,
defamatory, discriminatory, disparaging of others, derogatory, inflammatory,
harassing, insulting, offensive or likely to promote and/or incite violence or
hatred against others or that contains abusive, offensive or profane language.
13.6
If
the User chooses or is provided with identification codes, usernames, passwords
or any similar form of identification information as part of the Website's security
systems, such User must keep this information secret and confidential and not
share such information with any third party.
The User shall be responsible for all access to the Website with the
User's username and password.
When the User's username and
password has been used in order to gain access to the Website, the Providers
shall be entitled to assume that such use and all related communications
emanate from the User. The Providers and their affiliates shall not be liable
for any loss or damage arising from unauthorised use of the User's Personal
Information. The User shall be obliged to immediately, after becoming aware of
any other person's unauthorised access to the User's account or profile (if
applicable), log out of the Website to prevent anyone else from gaining
unauthorised access to the User's account or profile.
13.7
In the event that the User becomes aware of a breach of the
confidentiality of the User's Personal Information or the interference with the
lawful processing of said User's Personal Information, the User must
immediately communicate this to the Provider in writing. The compromised User's
account, profile, access and use of the Website will be deactivated as soon as
reasonably possible and a new username and password will be issued to the User.
The Providers may, in their sole and absolute discretion and for any reason,
require the User to change the User's user identity and password at any time.
13.8
The Providers reserve the right to occasionally restrict the User's
access and/or use of the Website, Products and/or Services to carry out
repairs, maintenance or to introduce new functionality and/or Products or
Services. The Providers do, however, endeavor to keep any disruption in the use
of the Website and the Services to a minimum.
13.9
The
User agrees not to:
i)
use the Website or the Products or Services to process Personal
Information of third parties;
ii)
violate the privacy of any person in order to, or attempt to, gain
unauthorised access to the Website or the Products or Services, including, but
without limitation through hacking, password mining or any other means; or
iii)
use
the Website or the Products or Services to engage in any illegal or unlawful
activity.
13.10
Should
the User engage in any of the aforementioned activities, or breach any of the
provisions of these Terms and Conditions, the Providers shall be entitled,
without prejudice to any other rights they may have and without prior notice to
the User:
i)
suspend
the User's access to the Website and/or the Products or Services; and/or
ii)
terminate
this agreement and recover all costs incurred by the Providers, including, but
without limitation, legal costs on an attorney and own client scale.
13.11
It is expressly acknowledged by the User that
content on the Website, as well as the views, opinions and recommendations
which may be expressed in or through the Products and/or Services offered
through the Website, will only constitute
the professional judgement of legal consultants employed by or used by Weavind
Online from time to time to develop and deliver the Products and/or Services, and
in no way will Weavind Online or Data Inc, including their respective
affiliates, directors, shareholders, contractors, consultants or employees become
an insurer or guarantor in respect of such views, opinions or recommendations. The
User therefore expressly acknowledges that the content on the Website, as well
as the Products and Services are provided on the basis that neither the User or
any other person shall have any claim (including to damages, loss, interest,
costs, expenses or otherwise), whether in contract or in delict, under section
19(3) of the Companies Act, or otherwise, which the User or any other person
may otherwise have had against any of the Providers' present or past directors
and/or shareholders (in whose favour, this constitutes a benefit capable of
acceptance at any time) arising in any way out of the use or reliance on the
views, opinions or recommendations expressed in or through the Products or
Services, save in respect of fraud and wilful misconduct.
14.
Compliance with section 43 of the
Electronic Communications and Transactions Act, 2002
In compliance with
section 43 of the Electronic Communications and Transactions Act, 2002, the Providers
draw your attention to the following information relating to them respectively:
Full name and legal
status of Weavind Online
Weavind Online (Pty) Ltd
Physical
address and telephone number-
Block
E Glenfield Office Park 361 Oberon Street Faerie Glen Pretoria
Tel:
012 346 3098
Web
site address and e-mail address
The
registration number, the names of its office bearers and its place of registration
2015/001727/07
Mr. Stefan Oberholzer
Full
name and legal status of Data Inc.
Thinkmoney
(Pty) Ltd t/a Data Inc. Technologies
Physical
address and telephone number-
Stonemill
Office Park 300 Acacia Rd Blackheath Randburg
Web
site address and e-mail address
The
registration number, the names of its office bearers and its place of
registration
2004/029728/07
Mr. Ruan Schoeman
i)
The
physical address where the Providers will receive legal service of documents
Block E Glenfield Office Park 361 Oberon Street Faerie Glen
Pretoria
ii)
A
sufficient description of the main characteristics of the goods or services
offered by the Providers
Weavind
Online are providers of legal consulting services, legal training services and
bespoke Legal Tech software development services.
iii)
the
full price of the goods or services -
Pricing is as stated on the Website and is subject to change
at any time. All prices are Exclusive of VAT.
iv)
The
manner of payment
Secure online payments are processed through the Paygate payment gateway.
Weavind Online may accept EFT payments into its banking account, the details of which
banking account are stipulated on the Website). The transaction currency is South African Rand (ZAR).
v)
Any
terms of agreement, including any guarantees, that will apply to the
transaction and how those terms may be accessed, stored and reproduced
electronically by consumers -
None
vi)
The
time within which the services will be rendered -
Upon payment of the purchase price, and submission of the necessary information,
the Products and/or Services will be delivered to the User within 48 (forty-eight) to
72 (seventy-two hours) of receipt of such submission.
vii)
The
manner and period within which the User can access and maintain a full record
of the transaction
Users will be required to contact the Providers directly to
access any transaction documentation. Transaction histories are available
indefinitely.
viii)
The
return, exchange and refund policy of the Providers
No refunds, exchanges or returns will be permitted by the
Providers in respect of the Products and/or Services under any circumstances
other than those provided for in these terms and conditions.
ix)
The
security procedures and privacy policy in respect of payment, payment
information and personal information
All card transactions will be acquired for the Providers via PayGate (Pty) Ltd who are
the approved payment gateway for all South African Acquiring Banks. PayGate uses the strictest
form of encryption, namely Secure Socket Layer 3 (SSL) and no Card details are stored on the
Website or are accessible by the Providers. PayGate’s security certificate, security policy and
legal terms and conditions are found at www.paygate.co.za