WEBSITE TERMS AND CONDITIONS OF USE AGREEMENT
Entered into by and between
TECHUMANITY ESTATES (PTY) LTD
and
YOU
(The visitor to or user of the Techumanity Estates website located at
http://bayhack.co.za/ and http://www.techumanity.co.za )
Table of Contents
The Parties
1.1 Techumanity Esates (Pty) Ltd (“Techumanity Esates”) is a private company duly incorporated in and subject to the laws of the Republic of South Africa.
1.1.1 Registration number: 2020/556379/07
1.1.2 Physical address: A2 Strathmore Mews, 12 Helen Road, Sandown,
Sandton, Gauteng, 2196
1.1.3 Registered address: A2 Strathmore Mews, 12 Helen Road, Sandown,
Sandton, Gauteng, 2196
1.1.4 Phone: 010 595 1036
1.1.5 Email address: robin@techumanity.co.za
1.2 You, the visitor to or user of the Techumanity Estates Website located at http://www.bayhack .co.za and/or http://www.techumanity.co.za
Introduction
2.1 This Website Terms and Conditions of Use Agreement (“Agreement”) derives legal force and effect from section 11 of the Electronic Communications and Transactions Act, 25 of 2002 (“ECTA”).
2.2 This Agreement serves to comply with legislation, including inter alia, the ECTA and the Protection of Personal Information Act No. 4 of 2013 (“POPIA”), which aforementioned legislation affords visitors to, and users of, the Techumanity Estates Website, certain rights and informs those visitors and users of their obligations when visiting or using the Techumanity Estates Website.
2.3 If You do not agree with these Website Terms and Conditions of Use, you must immediately desist from further use of the Techumanity Estates Website. Your continued use of the Techumanity Estates Website, notwithstanding the provisions of this clause, constitutes substantive agreement with the terms and conditions set out in this Agreement, as may be amended from time to time.
Interpretation
3.1 The headings to the clauses of this Agreement are for reference purposes only.
3.2 Unless the context requires otherwise, the words and expressions will be interpreted as set out below and related expressions will be interpreted with corresponding meanings:
3.2.1 “Acceptance Date” refers to the date on which You visit and / or use the Techumanity Estates Website and / or any other Techumanity Estates websites that links to the Techumanity Estates Website and agree to these Terms and Conditions of Use either by browsing or by clicking “I agree”;
3.2.2 “Agreement” refers to this Website Terms and Conditions of Use Agreement;
3.2.3 “Techumanity Estates” refers to the Party mentioned in clause 1.1 above;
3.2.4 “Techumanity Estates Business Names” refers to, but are not limited to, brand and trade names and logos;
3.2.5 “Techumanity Estates Marks” refers to any trade-marks, service marks, logos, domain names or other marks of Techumanity Estates, whether registered or not;
3.2.6 “Techumanity Estates Service Offering” refers to any services which may be offered by Techumanity Estates from time to time;
3.2.7 “Techumanity Estates Website” refers to the website owned and operated by Techumanity Estates located at http://www.bayhack.co.za and/or http://www.techumanity.co.za
3.2.8 “CPA” refers to the Consumer Protection Act, 68 of 2008; (https://www.gov.za/documents/consumer-protection-act);
3.2.9 “Do Not Contact” or “DNC Registry” refers to the Registry contemplated in section 11 of CPA and section 4 of the CPA Regulations, Vol. 550 No 34180;
3.2.10 “Domain Name” refers to an identification label that defines administrative autonomy, authority or control on the Internet and includes host names that identify internet protocol resources such as websites;
3.2.11 “ECT” refers to the Electronic Communications and Transactions Act 25, of 2002;
3.2.12 “ECT Required Information” refers to the information required to be made available in terms of section 43 of ECT;
3.2.13 “Electronic Transaction” refers to business, of either a commercial or non-commercial nature, and includes the provision of information, specifically, the Information made available on the Techumanity Estates Website;
3.2.14 “Goods” refers to the things defined in CPA and includes information written or encoded on any medium, such as a website and / or a licence to use such Information;
3.2.15 “Information” refers to facts or details about something or somebody, and includes the facts and details on Techumanity Estates and the Legal Notices published on the Website, from time to time;
3.2.16 “Intellectual Property” refers to the rights in and to copyright in any work in terms of the Copyright Act, 98 of 1978 and includes without limitation the right to reproduce that work, the rights in respect of a trade mark conferred by the Trade Marks Act, 194 of 1993, the rights in respect of a design conferred by the Design Act 195 of 1993, the rights conferred by the Patents Act, 57 of 1978, including any applications for the any of these and any names, licenses, know-how, trade secrets and data associated with the these and, rights to domain names;
3.2.17 “Legal Notices” refers to this Agreement together with any other notices published on the Techumanity Estates Website from time to time including, but not limited to, the Techumanity Estates Privacy Notice and Email Legal Notice;
3.2.18 “Parties” refers to Techumanity Estates and You, and “Party” refers to either one of these as the context requires;
3.2.19 “Personal Information” has the meaning ascribed to it in terms of section 1 of POPIA.
3.2.20 “POPIA” refers to the Protection of Personal Information Act No. 4 of 2013, as amended from time to time.
3.2.21 “RICA” refers to the Regulation of Interception of Communications and Provision of Communication-related Information Act, 70 of 2002;
3.2.22 “Record” refers to information required to be retained in compliance with South African law, Techumanity Estates business or, information that may be required as evidence;
3.2.23 “Services” refers to the things defined in CPA and includes the provision of, access to, or right of access to information or similar intangible things;
3.2.24 “Uncontrollable Event” refers to, inter alia, fire, flood, earthquake, acts of nature or of God, riots, civil disorder, pandemics, rebellions or revolutions in any country or any other cause beyond the control of Techumanity Estates including the disruption, suspension or termination of Services provided by a third party to Techumanity Estates that may result in the Techumanity Estates Website not being available and/or the Techumanity Estates Service Offering not being available from time to time;
3.2.25 “You” refers to the party mentioned in 1.2 above;
3.2.26 “Website” refers to a collection of web pages containing information, images, videos other digital assets accessed through a web browser and displayed on a monitor or mobile device hosted on a web server and accessible via the Internet;
3.2.27 “Web Browser” refers to a software application used to retrieve, present and traverse information resources on the World Wide Web;
3.2.28 “Writing” refers to a written document that excludes, either wholly or partly, any part of a data message as defined in ECT and/or ECTA; and
3.2.29 “Signed” refers to a signature executed by hand with a pen and without any electronic process or intervention.
3.3 Any reference in this Agreement to:
3.3.1 A “clause” will, subject to any express contradiction, be interpreted to mean a clause in this Agreement;
3.3.2 A “law” will be interpreted to include the common law, statute law, the 1996 Constitution of South Africa, decrees, judgements, treaties, regulations, directives, by-laws, orders or any other legislative measure; and
3.3.3 A “person” will be interpreted to include a natural or juristic person.
3.4 Unless inconsistent with the context, an expression which denotes:
3.4.1 Any one gender includes the other genders; and
3.4.2 The singular includes the plural and vice versa.
3.5 Any reference to an enactment in this Agreement is to that enactment as at the Acceptance Date and as amended or re-enacted from time to time by Techumanity Estates.
3.6 The rule of construction that, in the event of ambiguity, the agreement shall be interpreted against the party responsible for the drafting or preparation of the agreement, shall not apply.
Applicability
4.1 Techumanity Estates grants You a limited, revocable, non-transferrable, licence to use this Techumanity Estates Website subject to the terms of this Agreement.
Commencement, Availability and Termination
5.1 This Agreement will commence on the Acceptance Date and continue indefinitely until terminated by Techumanity Estates.
5.2 Techumanity Estates reserves the right to amend this Agreement as and when necessary and entirely at Techumanity Estates’ discretion.
5.3 Each amended version of this Agreement, current at the time You visit or use the Techumanity Estates Website, will be the applicable version of the Agreement between Techumanity Estates and You and will govern the Electronic Transaction which took place at that time.
5.4 Techumanity Estates reserves the right to change or to discontinue any aspect or feature of the Techumanity Estates Website at any time including, but not limited to content, availability and access requirements.
5.5 Techumanity Estates will take all reasonable steps to ensure that You have access to all archived versions of this Agreement, where reasonably possible and practical.
Intellectual Property
6.1 The Techumanity Estates Website is comprised of Intellectual Property including, Domain Name, copyright, trade mark, design and/or patent protected under South African law and international treaties. Unless otherwise indicated, Techumanity Estates reserves all rights in and to the Intellectual Property owned by, or licensed to Techumanity Estates.
6.2 You may make a temporary copy of part, or all of, the Website on your computer or mobile device for the purpose of viewing it. You may print limited hard copy versions for personal use provided that any copyright, trade mark or other intellectual property notices are not removed and the material is appropriately attributed to Techumanity Estates. Subject to the limited license granted to You by Techumanity Estates in terms hereof, You may not in any form or by any means, without the prior written consent of Techumanity Estates:
6.2.1 commercially process, exploit, reproduce, distribute, display, transmit, publish or broadcast any Techumanity Estates Website content;
6.2.2 claim ownership of all or any part of the Techumanity Estates Website content;
6.2.3 modify or repost the Techumanity Estates Website content;
6.2.4 create a link to the Techumanity Estates Website from another website; or
6.2.5 copy, incorporate, store, frame or embed all or any part of the Techumanity Estates Website content on another Website or retrieval system.
6.3 Techumanity Estates Business Names and Marks referenced on the Techumanity Estates Website are the registered or unregistered Intellectual Property of Techumanity Estates. Any unauthorised use of the Techumanity Estates Business Names and Marks, and/or other Techumanity Estates Intellectual Property, is strictly prohibited.
6.4 Third party Intellectual Property assets, including but not limited to patents, names, goods and services referenced on the Techumanity Estates Website are the Intellectual Property of the respective third parties. Any unauthorised use of Third party Intellectual Property assets is strictly prohibited.
Information and Record Retention
7.1 Techumanity Estates is committed to complying with legal, business and evidential requirements for information and record retention.
7.2 Techumanity Estates will use reasonable endeavours to ensure the security, including the confidentiality, integrity and availability of any information that You provide to Techumanity Estates through the “Contact Us” or email functionality associated with the Techumanity Estates Website. It is nevertheless your responsibility to keep records and backups of your information.
7.3 Any Personal Information that you provide will be processed in line with the Techumanity Estates Privacy Notice published on the Techumanity Estates Website as a Legal Notice.
Acceptable Use of the Website and Email Functionality
8.1 The Techumanity Estates Website includes functionality that enables You to contact Techumanity Estates by email and for Techumanity Estates to respond by email.
8.2 You hereby agree to generally acceptable website and email etiquette. In this regard, You will be deemed to have read the Techumanity Estates Email Legal Notice and other Legal Notices published on the Techumanity Estates Website and incorporated into this Agreement by reference.
8.3 Techumanity Estates is committed to complying with legislation and ensuring the availability of its Website and related email functionality to the public at large. The acceptable use provisions of this Agreement seek to support these objectives. As such, You agree not to use the Website and related email functionality in a way that:
8.3.1 is unlawful, incites criminal acts, is harmful or interferes with the confidentiality, integrity and availability of Techumanity Estates’ systems and networks;
8.3.2 interferes with the use or enjoyment of other persons access to or use of the Techumanity Estates Website and related email functionality;
8.3.3 infringes Intellectual Property rights;
8.3.4 results in the publication of threatening or offensive material that is disrespectful of the rights of others;
8.3.5 results in unsolicited communications;
8.3.6 is a security risk; or
8.3.7 is a violation of privacy howsoever arising, including but not limited to, any act that would constitute an infringement of the POPIA or which would cause Techumanity Estates to infringe any provisions of the POPIA.
8.4 You remain personally liable for the consequences of any contravention of these provisions and/or failure to comply with law and hereby indemnify and hold Techumanity Estates harmless against any losses and/or damages, whether direct and/or indirect, which you may suffer as a result of a contravention of these provisions.
8.5 Should You become aware of any unacceptable use of the Techumanity Estates Website or related email functionality, please contact robin@techumanity.co.za
Monitoring, Interception and Access to Information
9.1 To comply with law and in line with international standards and best practice relating to the use of information technology in its business, Techumanity Estates may at its discretion, monitor and/or intercept, live communications such as email and website activity in compliance with RICA.
9.2 Subject to the provisions of ECT, South African and international privacy principles, including but not limited to the POPIA, Techumanity Estates will where necessary and if required by law, access static information created, received, communicated and/or stored by Techumanity Estates as part of its business.
9.3 Subject to the provisions of RICA, POPIA and ECT, You agree to the monitoring, interception and access to information, including Personal Information, relating to the use of the Techumanity Estates Website and related email functionality.
Governing Law
10.1 This Agreement shall be exclusively governed by and interpreted in accordance with the laws of the Republic of South Africa.
Communication
11.1 You agree that Techumanity Estates may from time to time send you communications regarding, but not limited to, the Techumanity Estates Service Offerings, which include both Goods and Services as defined in the CPA.
11.2 You will always have the choice to:
11.2.1 inform us in writing that you do not wish to continue receiving communications, or;
11.2.2 block any communications by registering on the DNC Registry as contemplated in the CPA.
Complaints
12.1 You agree to submit all complaints relating to this agreement to Techumanity Estates first in order to afford us an opportunity to resolve the complaint within a reasonable period before you proceed to refer any formal complaints to any relevant authority.
12.2 In this regard, please direct all complaints to robin@techumanity.co.za
Alternative Dispute Resolution
13.1 Subject to clause 12 above, and without restriction on any rights to approach a competent court or an appropriate forum, relating to a dispute arising from this Agreement, You agree to confidential arbitration in accordance with the terms below.
13.2 You agree that any dispute arising from or in connection with this Agreement may be finally resolved by arbitration in accordance with the rules of the Arbitration Act, No. 42 of 1965 by an arbitrator appointed by mutual agreement between the Parties, and failing mutual agreement, by an arbitrator appointed by the President for the time being of the Legal Practice Council of South Africa, and that such proceedings shall be held in Johannesburg in English.
Enforceability
14.1 This Agreement constitutes the entire agreement between Techumanity Estates and You in regard to the subject matter hereof and no addition to, variation, modification or consensual cancellation of this Agreement shall be of any force or effect unless reduced to, and/or agreed to, in Writing by Techumanity Estates.
14.2 Any data message as defined in the ECT, or a copy, printout or extract of such a message Signed by an authorised Techumanity Estates representative will be absolute proof of the contents of the copy, printout or extract of such a message.
14.3 No failure or delay on the part of Techumanity Estates in exercising any rights in terms of this Agreement shall operate as a waiver, nor shall any single or partial exercise of any right prevent any other, or further exercise such rights, or the exercise of any other rights.
14.4 Should any clause or term of this Agreement be invalid, unenforceable or illegal, the remaining terms and provisions of the Agreement shall be deemed to be severable therefrom and shall continue to be of full force and effect unless such invalidity, unenforceability or illegality goes to the root of this Agreement.
Limitation of Liability
15.1 To the fullest extent permitted in law, you understand, acknowledge, and agree that use of the Techumanity Estates website is at your sole discretion and risk. Techumanity Estates shall not be liable for any direct, indirect or consequential damages suffered by you, howsoever arising whether arising from a visit to, or use of the Techumanity Estates website, this agreement or otherwise.
Links to external Third Party Websites
16.1 Techumanity Estates may provide links from the Techumanity Estates Website to external third party websites. Any such link is provided for Your use and convenience and does not constitute an endorsement, recommendation or certification by Techumanity Estates of the external link. Likewise, the presence of links should not in any way be construed as a suggestion that the external link has a relationship with Techumanity Estates. Techumanity Estates is not responsible for the content or practices of any such website accessed from the Techumanity Estates Website through these external links.
No Warranty
17.1 The information contained herein is provided without warranty of any kind, expressed or implied, including but not limited to warranties of reliability, fitness for purpose, timeliness, accuracy, completeness or non-infringement of third party rights. Techumanity Estates will endeavour to take all reasonable care to ensure the accuracy of information and the availability of the Techumanity Estates website, but makes no representations, warranties or guarantees. As such, the Techumanity Estates website is provided on an “as is” and “as available” basis.
Indemnity
18.1 To the fullest extent permissible in law, you hereby unconditionally, irrevocably and unreservedly indemnify and hold Techumanity Estates, its public officers, directors, employees, consultants, agents, licensors and service providers, harmless against all loss, damages, claims, liability and/or costs, of whatsoever nature, howsoever and whensoever arising, as a result of and without limitation, the following:
18.1.1 Visiting or using the Techumanity Estates website;
18.1.2 Downloading data, text, images;
18.1.3 Reliance on the Techumanity Estates website content;
18.1.4 Links to other Techumanity Estates or third party websites;
18.1.5 Hardware, software, system or network malfunction; or
18.1.6 Any purchases of Techumanity Estates service offerings made on the Techumanity Estates website;
18.1.7 Any other cause whatsoever arising from or relating to visiting or using the Techumanity Estates website.
- Skill, Diligence and Care
19.1 Techumanity Estates will exercise reasonable skill, diligence and care as may reasonably be expected from a similar website provider. - ECT Required Information
| Techumanity Estates | |
| Name | Techumanity Estates (Pty) Ltd |
| Legal status | Privately held company |
| Registered address and the address for receipt of legal service of documents | A2 Strathmore Mews, 12 Helen Road, Sandown, Sandton, Gauteng, 2196 |
| Phone numbers | 010 595 1036 |
| Website address | www.techumanity.co.za |
| Email address | robin@techumanity.co.za |
| Company registration number | 2020/556379/07 |
| Place of registration | Republic of South Africa |
| Full price of goods and services | As advertised |
| Terms of agreement and URL to access terms | www.techumanity.co.za |
| Privacy policy | www.techumanity.co.za |