These terms and conditions (“the Terms”) are binding on all persons that access the website of Contactable located at domain name www.staycontactable.com (the “Website”) by user/s (the “User” or “Users”). By entering and using the Website, the User agrees to be bound by and shall be deemed to have accepted, read and understood the Terms. If the User does not wish to be bound by these Terms, the User may not enter, display, view, download and/or otherwise use the content obtained at the Website. Contactable reserves the right to periodically change, modify, add to or remove portions or the whole of these Terms without notice, and the User is responsible for checking these Terms periodically for revisions. All amended terms become effective upon posting at the Website, and any use of this Website after such revisions have been posted signifies User’s consent to the changes.
1. USE OF WEBSITE AND INTELLECTUAL PROPERTY
1.1. The Website displays content (the “Content”) which is comprised of:
1.1.1. Copyright (the “Copyright”) in copyrighted works, including without limitation literary works, artistic works, sound recordings and cinematographic films, owned by the proprietors of such copyrighted works, including Contactable and other third party owners of such Content (the “Content Providers”);and
1.1.2. Trade marks, trade names, service marks, logos, style names, trading names and any slogans (the “Trade Marks”), which are proprietary to Contactable or an affiliated entity.
1.2. All such Copyright and Trade Marks are protected by South African and International copyright and trade mark laws.
1.3. All rights in and to the Copyright and the Trade Marks in the Content is reserved and retained by Contactable and/or the Content Providers, as the case may be.
1.4. The User is entitled to access the Website and download, reference, reproduce and use the Content for the sole purpose of the provision of information. Under no circumstances is the User entitled to access, download, reproduce or use any of the Website or the Content for any purpose other than the purpose expressly set out above.
1.5. All Content downloaded or otherwise copied from the Website may only be presented regardless of format, in conjunction with the appropriate copyright and trade mark notices, as provided on the Website.
1.6. In reproducing the Trade Marks as authorised herein, the User shall cause these to be reproduced exactly and accurately as these appear on the Website. The User shall not use or reproduce the Content in a manner which would in any way damage, injure or impair the reputation of Contactable or the Trade Marks.
2. COLLECTION, PROTECTION AND USE OF PERSONAL INFORMATION
3. SUBMISSION OF INFORMATION BY USER
3.1 The User warrants that information submitted or uploaded via the Website:
3.1.1 Does not infringe any third party’s rights (including without limitation Intellectual Property Rights, reputational rights, rights of confidence and rights of privacy);
3.1.2 Does not violate any law, statute, ordinance, regulation or legally binding code in any jurisdiction;
3.1.3 Does not depict graphic violence, is not pornographic or sexually explicit;
3.1.4 Is not threatening, abusive, harassing, menacing or contrary to the principles of internet etiquette;
3.1.5 Is not intended or likely to cause harm to Contactable’s computer systems including that which contains any viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
4. AVAILABILITY OF WEBSITE
4.1 Contactable makes no warranty that access to and use of the Website and the Content will meet the User’s requirements, and cannot guarantee that the Content will be free of any errors and mistakes or inaccuracies, or that there will not be any interruption in service whilst the User is using the Website.
4.2 If the User detects any errors and mistakes or inaccuracies, or experiences an interruption in service whilst using the Website, the User undertakes to report these to Contactable immediately.
4.3 The User’s access to the Website may from time to time be restricted to allow for repairs, maintenance and the introduction of new functionality. In such event, Contactable will attempt to restore service as soon as reasonably possible.
5. NO WARRANTY
5.1 This Website and the Content are provided “AS IS” without warranty of any kind, either expressed or implied.
5.2 Contactable makes no warranties, nor shall Contactable be liable, for any claims related to or arising from the User’s use of the Content. Accordingly, Contactable expressly excludes any warranties pertaining to:
5.2.1 The completeness, veracity, accuracy, availability or currency of the Website or the Content or the reliability of information displayed at or otherwise made available through the Website, nor does Contactable commit to ensuring that the Website remains available or that the Content is kept up-to-date.
5.2.2 Malicious code – Contactable does not make any representations or warranties that the Website does not contain a malicious code. The User acknowledges and accepts the responsibility to operate its own anti-virus protection.
5.2.3 Secure communications – the Website is accessible via the Internet, and communications transmitted via the Internet are susceptible to monitoring and interception. The User is urged to exercise restraint and caution in all communications, and to apply industry-standard protection measures to their communication systems.
5.3 Contactable does not grant to the User any warranties or make any representations relating to the Website, Content or the User’s use of the Website, and to the fullest extent permitted by applicable law, Contactable excludes all warranties and representations.
6. LIABILITY AND INDEMNITY
6.1 Contactable will not be liable for any direct or indirect loss or damage arising under these Terms or in connection with the Website or the Content, whether arising in tort, contract, or otherwise.
6.2 Without limiting the generality of the exclusion of liability above, Contactable will not be liable for any loss of profit, contracts, business, goodwill, data, income, revenue or anticipated savings arising under these Terms or in connection with the Website or the Content, whether direct or indirect, nor will Contactable be liable for any loss or damage arising out of any event that is beyond its reasonable control.
6.3 The User hereby indemnifies and holds Contactable harmless from and against any claims, costs, damages, expenses, and liabilities (including, but not limited to, reasonable attorneys’ fees) arising out of the Website or the Content; or the User’s use of the Website or any Content; or the User’s violation of these Terms.
7. BREACH OF THE TERMS
7.1 Without prejudice to Contactable’s other rights under the Terms, if the User breaches any of these Terms in any way, or if Contactable suspects on reasonable grounds, that the User has breached any of these Terms in any way, it may:
7.1.1 Send the User one or more formal warnings;
7.1.2 Suspend the User’s access to the Website; 7.1.3 Delete the User’s information from its records;
7.1.4 Permanently prohibit the User from using the Website;
7.1.5 Block computers using the User’s IP address from accessing the Website;
7.1.6 Contact the User’s internet service provider and request that they block the User’s access to the Website; and/or
7.1.7 Bring court proceeding against the User for breach of contract or otherwise.
7.2 Where Contactable suspends or prohibits or blocks the User’s access to the Website or a part of the Website, the User shall not take any action to circumvent such suspension or prohibition or block (including without limitation submitting or using different information).
8. RELAXATION / NON-WAIVER
8.1 No relaxation by Contactable of any of the Terms will be binding for any purpose unless expressed in writing and signed by Contactable. Any such relaxation will be effective only in the specific instance and for the purpose given.
8.2 No indulgence granted by Contactable shall constitute a waiver or abandonment of any of its rights in terms of these Terms. Contactable shall not be precluded, as a consequence of having granted that indulgence, from exercising any rights against User which may have arisen in the past or which may arise in the future.
9. RIGHTS RESERVED
9.1 All rights of any kind in respect of this Website and the Content which are not expressly granted in these Terms are entirely and exclusively reserved to and by Contactable.
9.2 Contactable reserves the right to revoke all rights in these Terms without notice, at any time, and for any or no reason.
9.3 Contactable reserves the right to stop the User from accessing and using the Website and reproducing, downloading and using the Content, upon breach of any Terms set out herein, and to make any claims or institute legal action or take any steps that Contactable deems appropriate to address such breach.
10. CHOICE OF LAW, JURISDICTION
These Terms are subject to the laws of the Republic of South Africa. By agreeing to these Terms, the User submits to the jurisdiction of the High Court of South Africa for all matters relating to these Terms.
If any term or condition of these Terms is determined to be invalid or unenforceable by a Court of competent jurisdiction, then that provision shall be enforced to the maximum extent possible so as to give effect to the intent of these Terms, and the remainder of these Terms shall continue in full force and effect.
12. REQUIRED INFORMATION IN TERMS OF ELECTRONIC COMMUNICATIONS AND TRANSACTION ACT NO. 25 OF 2002 (ECT ACT)
12.1 The following information is required to be published by the Website owner in terms of Section 43 (1) of the ECT Act:
12.1.1 Full name of Website owner: Contactable (Proprietary) Limited; 12.1.2 The Partners of Contactable are listed on the Website;
12.1.3 Contactable’s physical address and domicillia citandi et executandi: 5 Via Latina Crescent, Irene Corporate Corner, Irene, Centurion, 0133, South Africa 12.1.4 URL and e-mail address: www.staycontactable.com; [email protected]
12.1.5 Telephone number: +27 10 100 3647 12.1.6 Alternative dispute resolution: Any dispute regarding access to or use of this Website, the Content, and these Terms, shall be referred for expedited arbitration in terms of the rules of the Arbitration Foundation of South Africa, to be heard in Johannesburg, in English.