These Terms are applicable to your access and use of the Website; contain exclusions and limitations of the liability of ZonkeTech (Pty) Ltd ("ZonkeTech" "us", "we" or "our") and its affiliates; and impose legal obligations on you. By using the Website, you indicate your acceptance of and agreement to these Terms. The Terms will commence on the date that you first access the Website.
To the extent that the Consumer Protection Act, No 68 of 2008 applies to the Terms, we have a duty to point out certain important provisions of the Terms to you. The clauses which contain these important provisions and the reasons why they are important are set out below. It is important that you read these clauses carefully and, in their entirety, and not just what we say below.
2.1 Limitations of risk, legal responsibilities and liability. Clauses 7, 11.2.3, 13, 14 and 15 are important because they limit and exclude obligations, liabilities and legal responsibilities that we and other persons or entities may otherwise have to you. As a result of these clauses, your rights and remedies against us and these other persons and entities are limited and excluded. These clauses also limit and exclude your right to recover or make claims for losses, damages, liability or harm you or others may suffer.
2.2 Assumptions of risk, legal responsibilities and liability by you. Clauses 5.5, 7, 9, 12, 13, and 14 are important because you take on risk, legal responsibilities and liability. As a result of these clauses, you may also be responsible for claims and other amounts. You will also be responsible for, and you accept, various risks, damages, harm, and injury which may be suffered by you and others for what is stated in these clauses.
2.3 Acknowledgements of fact by you. Clauses 1, 4, 12, 13 and 14 are important because they each contain statements which are acknowledgements of fact by you. You will not be able to deny that the statements are true. We may take action against you and may have claims against you as a result of these statements.
2.4 Indemnities by you. Clause 15 requires you to indemnify (hold harmless) us and other persons or entities against claims, loss, damages, and harm that may be suffered by us and other persons or entities as a result of the events set out in these clauses. You are also required to indemnify us and other persons and entities against claims for loss, damages, and harm that may be suffered by any person or entity as a result of the events set out in these clauses. This places various risks, liabilities, obligations and legal responsibilities on you and you will be responsible and liable for the payment of the value of the claims, loss, damages, and harm that may be suffered or claimed.
3.1 In these Terms, the following words shall, unless otherwise stated or inconsistent with the context in which they appear, bear the following meanings and other words derived from the same origins as such words (that is, cognate words) shall bear corresponding meanings:
3.1.1 "Access Device" means any device used by you to access or use the Website such as a laptop, mobile phone or tablet;
3.1.2 "Consumer Protection Act", means the Consumer Protection Act No. 68 of 2008, as may be amended from time to time;
3.1.3 "Customer, "you" or "your" means a user of the Website;
3.1.4 "ECTA"means the Electronic Communications and Transaction Act 25 of 2002;
3.1.5 "Intellectual Property" includes all current and future intellectual property rights of any kind whatsoever and however embodied which may subsist or be capable of protection wheresoever in the world, including (without limitation) patents, trade marks, present and future rights of copyright, rights in and to designs, rights in and to inventions, topography rights, rights in and to trade secrets, rights in and to: trade names, business names, domain names and logos, the right to keep information confidential and private, rights in and to know-how, rights in and to databases (including rights of extraction), rights in and to computer software and all rights and forms of protection of a similar nature or having equivalent effect to any of them which may subsist or be capable of protection, wheresoever in the world, whether or not any of these are registered and including applications for any such rights or registration thereof and any goodwill related to or arising from such rights;
3.1.6 "Materials" means any information, data, documents, images, photographs, graphics, audio, videos, or webcasts, products, and ZonkeTech software code and associated documentation, in each case made available or enabled by ZonkeTech;
3.1.7 "Personal Information" shall have the meaning ascribed to it in the POPI Act;
3.1.8 "POPIA" means the Protection of Personal Information Act, 4 of 2013, as may be amended from time to time;
3.1.9 "Service(s)" means the electronic signature and other related services offered by ZonkeTech from time to time through the Website;
3.1.10 "Website" means any website developed and made available by ZonkeTech, such as https://www.twistedlight.co.za and related websites. References to the Website also includes all Material which we make available to you as part of, or together with, the Website;
3.1.11 "Your Content" means any materials, documents that you may upload, post or make available on the Website from time to time.
4.1 We have created and developed the Website which allows Customers to access the Services made available by us through the Website.
4.2 These Terms set out the terms and conditions which apply to your access and use of the Website and/or Services. The Terms will commence on the date that you start accessing or using the Website.
4.3 When you access and/or use the Website and/or Services, you are agreeing to these Terms. If you do not agree to these Terms, you must not, and you are not allowed to access or use the Website. If you disagree with these Terms at a later stage, after accessing or using the Website, you must immediately end your use of the Website.
4.5 By accessing or using the Website you confirm that you are 18 years of age or older and that you have the legal capacity to conclude contractual arrangements and to accept the Terms. You may not continue access and use of the Website and/or Services if you do not have the legal capacity to enter into a binding contract.
4.6 In accepting these Terms you agree to familiarize yourself with other relevant terms that may be found on the Website.
4.7 We make certain Services and Materials available only if you have paid a fee or have provided us with certain information required for registration and/or created a Twisted Light ID and password or other log-in ID and password. Some Services may also be subject to a subscription or other agreement, posted guidelines, rules, or terms of service ("Additional Terms"). If there is any conflict between these Terms and the Additional Terms, the Additional Terms take precedence in relation to that particular Service.
4.8 Some services and materials available on the Website are provided by third parties and are governed by separate agreements relevant to such services and materials. You agree to be bound by the terms and conditions of such separate agreements.
5.1 To use the Website, you must supply us with all of the information required by us for the purposes of the Website, including but not limited to your name, photograph physical address, email address, employment details such as your company's name, gender, mobile phone number and other Personal Information that we may request from time to time.
5.2 We may impose restrictions and limitations on the territories in which you can use the Website and the functionality of the Website in different territories.
5.3 We may issue instructions, manuals, guidelines and directives from time to time relating to the use of the Website. You must comply with these instructions, manuals, guidelines and directives.
5.4 You must notify us immediately if you suspect or discover any actual, threatened or suspected unauthorised use of the Website.
5.5 You must not, directly or indirectly, do any of the following things or allow anybody else to do the following things:
5.5.1 perform any action that violates these Terms;
5.5.2 perform any action which is illegal, fraudulent or violates or infringes any rights, title or interest (including, but not limited to, any Intellectual Property rights) in or to the Website;
5.5.3 make alterations to, or modifications of, the whole or any part of the Website or permit the Website or any part thereof to be combined with or become incorporated in, any other programs;
5.5.4 damage, disable, overburden, impair, or gain unauthorized access to the Website;
5.5.5 use the Website in a way that could damage, disable, overburden, impair or compromise our technology or security or interfere with other Customers;
5.5.6 disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Website, the technology forming part of the Website or attempt to do any such thing;
5.5.7 use the Website in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, (for example, by hacking into or inserting any Destructive Code into the Website). "Destructive Code" includes viruses, "trojan horses", computer code, malware, instructions, devices or other materials designed to disrupt, disable, harm or otherwise impede the operation of an access device, technology, services, data, storage media, programs, equipment or communications, or otherwise interfere with operations thereof;
5.5.8 collect or harvest any information or data or attempt to decipher any transmissions from the servers or systems which run the Website;
5.6 receive or charge money, favours or other consideration in exchange for allowing any other person to use or access the Website;
(all of the above are referred to as the "Restrictions").
5.7 We reserve the right, and we are allowed, to use various means to monitor that you are complying with these Terms.
5.8 Unless expressly agreed to by us in writing, we have no obligation to store any of Your Content that you upload, post, email, transmit or otherwise make available through your use of the Website.
5.9 You are solely responsible for applying the appropriate level of access to Your Content. If you do not choose, the Website may default to its most permissive setting.
5.10 You will use the Website and/or the Service in accordance with the applicable laws which govern the use of electronic signatures including the ECTA.
7.1 We may amend these Terms from time to time in our sole discretion.
7.2 Without limiting the ways in which we may inform you of any amendments to the Terms, we may inform you either by sending you an e-mail (if you give us your e-mail address when you register to use the Website) or by uploading the revised Terms on the Website.
7.3 We may require you to provide consent to the updated Terms in a specified manner before further use of the Website is permitted. Otherwise, your continued use of the Website or any affected Service constitutes your acceptance of the changes.
7.4 Your use of the Website and/or Services is subject to the most current version of the Terms made available on the Website. Please regularly check the Website to view the latest Terms.
7.5 You are advised to review the Terms at regular intervals in order to ensure that you are satisfied with any amendments to the Terms. If you disagree with any amendments to the Terms, you must immediately cease all use of the Website.
8.1 In addition to any other rights and remedies we may have in these Terms, in any other agreement we have with you, or in law , we are entitled (but not obliged) to temporarily suspend all or part of the Website or to suspend or terminate your right to access and use the Website where:
8.1.1 we need to perform maintenance on, upgrades or updates to, the Website or any of the systems, software, or other technology that we use to provide the Website;
8.1.3 we become aware of any actual, threatened or suspected unauthorised use of the Website;
8.1.4 we reasonably believe that the security of your Access Devices or the technology used to provide or use the Website may be compromised;
8.1.5 we become aware that information provided by you is false, inaccurate, invalid, incomplete or misleading;
8.1.6 we must do so to comply with the law; or a court or regulator tells us to do this.
8.2 The suspension referred to in clause 8.1 will continue for so long as we reasonably believe is appropriate.
8.3 We will notify you if we suspend part or all of the Website or your use of the Website only where it is reasonably practical for us to do so.
8.4 Without limiting our other rights and remedies in terms of these Terms, in any other agreement we have with you, or in law, if we exercise our suspension rights as set out in this clause 8, we will restore access to and use of the Website as soon as reasonably practical after we become satisfied that the cause of suspension has been removed, avoided or completely mitigated.
9.1 You may terminate these Terms at any time, without reason, by deregistering from the Website.
9.2 We reserve the right at any time and for any reason to terminate these Terms, the operation or availability of the Website, or your right to use the Website.
9.3 We may also immediately terminate these Terms and your use of the Website without notice:
9.3.1 if you commit a breach of any of the provisions of the Terms;
9.3.2 where we must do so to comply with the law or to avoid breaching another person's rights;
9.3.3 where a court or regulator tells us to do so; or
9.3.4 if any provision of these Terms, or any part of a provision, becomes unenforceable, illegal or invalid.
10.1 Where these Terms are terminated for any reason:
10.1.1 any rights granted to you under these Terms will cease to apply;
10.1.2 subject to the fulfilment of obligations already assumed by you in respect of the Services prior to termination, you must immediately stop all activities authorised by these Terms; and
10.1.3 you must immediately deregister from the Website and cease use of the Website.
11.1 Many provisions of these Terms will continue notwithstanding the termination of these Terms, including terms and conditions which by their nature must continue to apply. This is because certain rights and duties must survive even though these Terms have come to an end or you have stopped using the Website.
11.2 Some of the provisions in these Terms which continue after termination include:
11.2.1 terms and conditions where liabilities or responsibilities are excluded or limited, including amounts which you can claim from us;
11.2.2 terms and conditions where the rights you have against us, or against third party providers, are limited or excluded; and
11.2.3 terms and conditions where you indemnify us, or third party providers, or where you take on liability or responsibility for certain losses or damages that may happen;
11.2.4 any other terms and conditions in these Terms which are expressly stated to survive or continue after the end of this agreement, or after the end of any part of this agreement.
12.1 You acknowledge that:
12.1.1 all rights, title, ownership and interest, including Intellectual Property Rights, in and to the Website is owned by or licensed to us and is protected by law and remains our absolute property and that of our licensors, where applicable;
12.1.2 you have no rights, title, ownership or interest, including any Intellectual Property Rights in, or to the Website other than the right to use the Website in accordance with the Terms;
12.1.3 You must not use the Website in any way that constitutes a violation of any law (including Intellectual Property law), or an infringement or misappropriation of our rights (including Intellectual Property Rights), or the rights of our licensors or any third party.
12.2 We are entitled to take all and any steps necessary, including the institution of legal proceedings, to protect any Intellectual Property residing in or emanating from the Website.
13.1 As far as the law allows, the Website is provided to you on an "as is" and "as available" basis and without any representation or warranty whatsoever, whether express, implied or statutory (including any implied warranties of reliability, fitness for any particular purpose, or exclusion of errors or inaccuracies).
13.2 As far as the law allows, we make no representations and give no warranties or undertakings regarding the operation, integrity, compatibility, availability or functionality of the Website or that it will be available or accessible at all times, be uninterrupted, timely, error-free, secure or free from Destructive Code, or meet your individual requirements.
13.3 As far as the law allows, you assume all responsibility and risk for the installation, use and results obtained from the use of the Website.
14.1 As far as the law allows, we, and our third party providers will not be responsible or liable to you (and all such responsibility and liability is disclaimed by us and our third party providers) for any loss, liability, injury or damage (whether direct, indirect, incidental, special, punitive or consequential) whatsoever resulting from:
14.1.1 any interruption, failure, delay or cessation of transmission to or from the Website;
14.1.2 any Destructive Code which may be transmitted to or through the Website;
14.1.3 any defect, fault, malfunction and/or delay in your Access Device, used by you to access the Website;
14.1.4 any defect, failure, fault and/or delay in connectivity to the Internet; or
14.1.5 any data loss arising out of the installation, download or use of the Website.
14.2 The provisions of clause 14.1 apply irrespective of whether any claim you or others make, or any loss, liability, injury or damage suffered, is based on warranty, contract, delict or any other legal theory, and whether or not we, or our third party providers have been advised of the possibility of such loss, liability, injury or damage.
15.1 As far as the law allows, you indemnify us and agree to hold us harmless from and against any and all loss, liability, costs or damages which we may suffer as a result of:
15.1.1 you infringing on or misusing any person's rights, including Intellectual Property rights;
15.1.3 any deliberate or unlawful act that you commit, or your unlawful failure to act.
16.1 If any part of these Terms is regulated by or subject to the Consumer Protection Act 68 of 2008 ("CPA"), the ECTA or the Protection of Personal Information Act 4 of 2013 ("POPI"), it is not intended that any part of these Terms contravene any provision of the CPA, ECTA or POPI. Therefore, all provisions of these Terms must be treated as being qualified, to the extent necessary, to ensure that the provisions of the CPA, ECTA and POPI are complied with.
16.2 No provision of these Terms:
16.2.1 does or purports to limit or exempt us or any person or entity from any liability (including, without limitation, for any loss directly or indirectly attributable to our gross negligence or wilful default or that of any other person acting for or controlled by us) to the extent that the law does not allow such a limitation or exemption;
16.2.2 requires you to assume risk or liability for the kind of liability or loss, to the extent that the law does not allow such an assumption of risk or liability; or
16.2.3 limits or excludes any warranties or obligations which are implied into the Terms (or any contract governed by the Terms) by the CPA, ECTA or POPI (to the extent they are applicable) or which we give under the CPA, ECTA or POPI (to the extent they are applicable), to the extent that the law does not allow them to be limited or excluded.
17.1 These Terms are governed by, and shall be interpreted in accordance with, the laws of the Republic of South Africa.
17.2 By using the Website, you consent and submit to the non-exclusive jurisdiction of the courts of the Republic of South Africa.
18.1 You agree that we may, at any time, transfer, cede, delegate or assign any or all of our rights and obligations under these Terms and that we may do so without your consent. We will notify you if we transfer, cede, delegate or assign any rights or obligations to a third party. We may sub-contract our obligations without your consent and we do not have to inform you if we subcontract any of our obligations.
18.2 These Terms shall apply for the benefit of and be binding upon each party's successors and permitted assigns.
18.3 Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
18.4 These Terms make up the whole agreement between you and us relating to the Website. As far as the law allows, and except as we may both otherwise agree in terms of a written agreement between us, neither you nor we are legally obliged to comply with any term, condition, undertaking, representation, or promise relating to the Website that is not written in these Terms.
18.5 Each provision of these Terms and each part of any provision, is removable and detachable from the others. As far as the law allows, if any provision of these Terms, or part of a provision, becomes unenforceable, illegal or invalid, it must be treated as if it was not included in these Terms. The rest of these Terms will still be valid and enforceable.
18.6 You may contact us at any time at the details set out below:
E-mail address: email@example.com
Telephone number: +27 31 566 2135
Address for legal service: 15 Cranbrook Crescent, Cranbrook Office Park, La Lucia Ridge, Durban, South Africa,4051
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