These terms and conditions govern your use of this Website www.popi-ram.co.za (the “Website”). By using this Website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this Website.
2 License to use Website
Unless otherwise stated I, Ben Pieters trading as Pieters | Associates (“Pieters | Associates” or “we” or “us” or “our” or “its”) and/or our licensors own the intellectual property rights in the Website and material on the Website. Subject to the license below, all these intellectual property rights are reserved.
You may complete the questionnaire, view, download for caching purposes only, and print pages or attachments from the Website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions. You may not, without our written authority:
3 The Readiness Assessment Module
This PoPI-RAM Website
4 Acceptable use
You must not
5 Restricted access
Access to certain areas of this Website may be restricted. We reserve the right to restrict access to such areas of this Website, or indeed this entire Website, at our discretion.
If we provide you with a user ID and password to enable you to access restricted areas of this Website or other content or services, you must ensure that the user ID and password are kept confidential.
We may disable your user ID and password in its sole discretion without notice or explanation.
6 User content
In these terms and conditions, “your user content” means text, material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this Website, if any, for whatever purpose. You grant us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant us the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party in each case under any applicable law. You must not submit any user content to the Website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
We reserve the right to edit or remove any material submitted to this Website, or stored on its servers, or hosted or published upon this Website. Notwithstanding our rights under these terms and conditions in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, this Website.
7 No warranties
This Website is provided “as is” without any representations or warranties, express or implied. We make no representations or warranties in relation to this Website or the information and materials provided on this Website.
Without prejudice to the generality of the foregoing paragraph, we do not warrant that:
Nothing on this Website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial risk-related matter you should consult an appropriate professional.
8 Limitations of liability
We will not be liable to you whether under the law of contact, the law of torts or otherwise in relation to the contents of, or use of, or otherwise in connection with this Website:
These limitations of liability apply even if we have been expressly advised of the potential loss.
Nothing in this Website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this Website disclaimer will exclude or limit our liability in respect of any:
By using this Website, you agree that the exclusions and limitations of liability set out in this Website disclaimer are reasonable. If you do not think they are reasonable, you must not use this Website.
11 Other parties
You accept that we have an interest in limiting the personal liability of our officers and employees. You agree that you will not bring any claim personally against any of our officers or employees in respect of any losses you suffer in connection with the Website. Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this Website disclaimer will protect us, our executives, officers, employees, agents, subsidiaries, successors, assigns and sub-contractors.
12 Unenforceable provisions
If any provision of this Website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this Website disclaimer.
You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
14 Breaches of these terms and conditions
Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the Website, prohibiting you from accessing the Website, blocking computers using your IP address from accessing the Website, contacting your internet service provider to request that they block your access to the Website and/or bringing court proceedings against you.
We may revise these terms and conditions from time to time. Revised terms and conditions will apply to the use of this Website from the date shown at the bottom of this publication of the revised terms and conditions. Please check this page regularly to ensure you are familiar with the current version.
We may transfer, sub-contract or otherwise deal with its rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
18 Entire agreement
These terms and conditions constitute the entire agreement between you and Pieters | Associates in relation to your use of this Website, and supersede all previous agreements in respect of your use of this Website.
19 Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with the laws of the Republic of South Africa and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of the Republic of South Africa.
This document was created using a Contractology template available at http://www.freenetlaw.com
Date amended: 15 February 2016