Definitions and interpretation
- “ECT Act” means the Electronic Communications and Transaction Act No 25 of 2002, as amended;
- “Frame” means to organise the website into different frames, with each frame displaying a different html document, severing the link between the content and the URL;
- “Cyber Securance” means Cyber Securance Pty (Ltd) (Registration number);
- “User” means any person who access and/or uses the Cyber Securance website;
- “Cyber Securance” means a private company duly incorporated in terms of the companies laws of South Africa;
- “Cyber Securance website” means the website displaying official Cyber Securance content as authorised by Cyber Securance;
- “Site content” means textual, visual or aural content that is encountered as part of the user experience;
- “Website” means a collection of web pages (documents that are accessed through the Internet);
Unless a contrary intention clearly appears words importing – any one gender include the other two genders; the singular include the plural and vice versa; and natural persons include created entities (corporate or unincorporate) and the state and vice versa.
Allowed use and license
- By accessing the Cyber Securance website the User agrees to the terms and conditions herein contained and all applicable laws.
- Cyber Securance authorises the User to view and print the content of the Cyber Securance website, provided that such contents are only used for personal, educational and/or non-commercial purposes.
- Content on the Cyber Securance website may not be used for any commercial or non-private use without the prior written consent of Cyber Securance.
- Users may only access and use the Cyber Securance website for lawful purposes.
- No person may frame the Cyber Securance website in any manner whatsoever without the prior written consent of Cyber Securance.
- Users are not allowed to copy, reproduce, reuse, retransmit, adapt, publish, frame, post, upload, modify, broadcast or distribute any Site content in any way.
IP rights and domain names
- All intellectual property on the Cyber Securance website, including but not limited to trademarks, domain names, patents, text, graphics, software, icons, hyperlinks, software, and design elements are the property of Cyber Securance and are protected from infringement by domestic and international legislation.
- All Site content remains the sole property of the relevant content owner and is protected under all relevant copyright, trademark, patent and other applicable laws.
- Nothing on the Cyber Securance website should be construed as granting any licence or right to distribute content without the express written consent of Cyber Securance.
- If for any reason any of the provisions contained herein are found to be void or unenforceable it will be severed to the extent that it is void or unenforceable and the remaining provisions will continue in full force and effect.
- Although Cyber Securance will make reasonable endeavours to ensure that the content on the Cyber Securance website is reliable, inaccuracies may occur. It is therefore important that the User acknowledges that –
- use of the website is at own risk;
- the website is provided to the User ‘as is’.
- The User is furthermore prohibited from –
- placing information, personal or otherwise, on the Cyber Securance website;
- creating additional hyperlinks on the Cyber Securance website;
- defacing the Cyber Securance website;
- deleting, altering and/or amending content on the Cyber Securance website.
- Cyber Securance may provide hyperlinks to other websites not controlled by it. Such links do not imply the endorsement, agreement or support of the content of such other sites.
- Downloading material from these sites may risk infringing intellectual property.
- It is the User’s responsibility to access the authenticity of any website which may be hyperlinked to the Cyber Securance website.
- Cyber Securance is not responsible for ensuring that hyperlinks are operational.
- Although Cyber Securance acknowledges that a 100% secure online environment is unattainable, Cyber Securance is committed to taking reasonable security measures to safeguard the content of its website.
- The User’s privacy is very important to Cyber Securance. Any information provided to Cyber Securance is therefore stored on a secure server.
- Cyber Securance may use user information to contact users about promotions and special offers. Users are entitled, at any stage, to opt out of this service, by clicking on the “opt out” option on the email correspondence, by emailing Cyber Securance on firstname.lastname@example.org, or by calling Cyber Securance on +27 832545171.
- Cyber Securance does not sell or rent personal information about individual members (such as name, address, email address, telephone or fax number) to third parties.
- Cyber Securance may disclose personal information in response to a specific request by a law enforcement agency, subpoena, court order, or as required by law.
- Cyber Securance will collate the information which users give to Cyber Securance to provide users with services and personalise the use and visits of the Cyber Securance website.
Disclaimer and limitation of liability
- Information contained on the Cyber Securance website is for information purposes only and not intended to constitute professional advice as circumstances will vary from person to person.
- Cyber Securance is not liable to Users for information posted on the Cyber Securance website.
- Cyber Securance is not liable for the actions of Users of the Cyber Securance website.
By using the Cyber Securance website a User indemnifies, defends and holds harmless Cyber Securance, its lawful agents, employees and representatives from all damages, losses and expenses, including legal expenses arising from the following –
- any claims for the infringement of intellectual property rights, libel, defamation to any material the User may send to the Cyber Securance website;
- the User’s breach of any provisions of these terms and conditions of the Cyber Securance website;
- any claims, cost, loss, damage or expense, whether directly or indirectly, whether monetary or otherwise, which any person may suffer as a result of or in consequence of the use of or reliance of any information or material provided for on the Cyber Securance website;
- Cyber Securance, its lawful agents, employees and representatives are further indemnified in respect of any costs, losses, damages or expenses which any person may suffer as a result of entering into any transaction with any third party, including Cyber Securance, its lawful agents, employees and representatives as a result of or in consequence of the reliance of any information contained on the Cyber Securance website or any related site.
- In no event shall Cyber Securance, its lawful agents and representatives referred to in this website, be liable for any damages of whatsoever nature, whether for bodily, moral or material injury (including, without limiting, indirect, punitive, incidental and consequential damages, loss profits, expenses, costs, damage resulting from lost data or business interruption) resulting from the use or inability to use the Cyber Securance website and the material contained therein, whether based on warranty, contractual or extra contractual liability, any other legal matters, and whether or not Cyber Securance, its lawful agents, employees and representatives is advised of the possibility of such damages.
Removal and correction of content
- Users should report any untrue, inaccurate, illegal and/or harmful content appearng on the Cyber Securance website. Cyber Securance undertakes to correct and/or remove any such content as soon as it becomes aware thereof.
- The terms and conditions set out herein constitute the whole agreement between the User and Cyber Securance and shall take precedence over any disclaimer and/or legal notices attached to any communications and/or postings received by Cyber Securance from the User.
- Any failure by Cyber Securance to exercise or enforce any rights or provisions shall not constitute a waiver of such rights or provisions.
- No amendment of these terms and conditions or any provision or term hereof or of any other conditions contained on this website shall be binding unless made by and recorded in written by Cyber Securance.
- To the extent permissible by law Cyber Securance shall not be bound by any express or implied term, representation, warranty, promise or the like not recorded herein.
- The Cyber Securance website is hosted, controlled and operated from the Republic of South Africa, and therefore South African law governs the use of the Cyber Securance website.
- The High Court of South Africa (Witwatersrand Local Division) shall have jurisdiction with regard to any legal proceedings whatever arising in terms of this Agreement.
- Cyber Securance shall not be liable for legal costs and expenses incurred by the User to obtain professional advice relating to these terms and conditions.
Breach of terms and conditions
- Should the User breach any terms and conditions of this website, Cyber Securance shall be entitled, without prejudice to its rights in terms of the terms and conditions or at law, to claim damages from the User or to commence criminal proceedings.
Update of the Terms & Conditions
- These Terms and Conditions were last updated August 2019.
Cyber Securance Consulting Pty Ltd
31 PRINCE ALBERT STREET, BROOKLANDS ESTATE, NORTHCLIFF, GAUTENG, 2115