THESE TERMS AND CONDITIONS ARE BINDING AND ENFORCEABLE AGAINST ALL PERSONS THAT ACCESS THE TECHNICHE WEBSITE OR ANY PART THEREOF (THE TECHNICHE WEBSITE) IN TERMS OF SECTION 11(3) OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS (ECT) ACT 25 OF 2002.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS YOU MUST LEAVE THE TECHNICHE WEBSITE immediately, AS FURTHER USE WILL AUTOMATICALLY BIND YOU TO THESE TERMS AND CONDITIONS.
DEFINITIONS AND INTERPRETATION
a) “TechNiche” means TechNiche CC, a company duly incorporated in terms of the Companies Act 61 of 1973;
b) “TechNiche website” means the TechNiche website located at www.techniche.co.za and includes any part or element thereof, as well as any other website linked to it of which TechNiche is the registered owner of the domain name;
c) “User” means any person who enters or uses the TechNiche website, notwithstanding the fact that such a person only visited the home page of the TechNiche website;
d) References herein to the singular include the plural and vice versa; and
e) Notwithstanding the fact that hyperlinks in these terms and conditions to copyright notices and legislation should be deemed part of these terms and conditions in terms of section 11 of the ECT Act, the fact that some or all of the hyperlinks may be non-operational, shall not play a role in determination of the validity and interpretation of these terms and conditions.
TechNiche is the new ICT Company formed in 1994. TechNiche is involved in the business of providing goods and services in the IT Sector to South African Businesses.
- ALLOWED USE AND LICENSE
2.1 TechNiche licenses the User to view, download and print the content of the TechNiche website, provided that such content is used for personal, educational, non-commercial purposes and/or commercial purposes linked to the business objectives of TechNiche only;
2.2 Content from the TechNiche website shall not be used or exploited by Users for any commercial and non-private purposes without the prior written consent of TechNiche;
2.3 Users may only access and use the TechNiche website for legal purposes;
2.4 The caching of the TechNiche website shall only be allowed if:
2.4.1 The purpose of the caching is to make the onward transmission of the content from the TechNiche website more efficient;
2.4.2 The cached content is not modified in any manner whatsoever;
2.4.3 The cached content is updated at least every 12 (twelve) hours; and
2.4.4 The cached content is removed or updated when so required by TechNiche.
2.5 If any User uses content from the TechNiche website in breach of the provisions detailed herein:
2.5.1TechNiche reserves the right to claim damages from the User;
2.5.2 TechNiche reserves the right to institute criminal proceedings against the User; and
2.5.3 TechNiche shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of such content by the User or any third party who obtained any content from the User.
2.6 Hyperlinks to the TechNiche website from any other source shall be directed at the home page of the TechNiche website. TechNiche shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of content from the TechNiche website, if such content was accessed through a hyperlink not directed at the home page of the TechNiche website. Persons that wish to link to content beyond the home page of the TechNiche website shall do so at their own risk and indemnify TechNiche against any loss, liability or damage that may result from the use of content from the TechNiche website, if such content was accessed through a hyperlink not directed at the home page of the TechNiche website;
2.7 No person may frame the TechNiche website, in any manner whatsoever, without the prior written consent of TechNiche;
2.8 Apart from bona-fide search engine operators and use of the search facility provided on the TechNiche website by Users, no person may use or attempt to use any technology or applications (including web crawlers or web spiders) to search or copy content from the TechNiche website for any purposes, without the prior written consent of TechNiche; and
2.9 All licenses and/or permissions granted in terms of this clause 2 are provided on a non-exclusive and non-transferable basis and may be terminated or cancelled by TechNiche at any time without giving reasons therefore.
- INTELLECTUAL PROPERTY RIGHTS AND DOMAIN NAME USE
All intellectual property on the TechNiche website, including but not limited to content, trademarks, domain names, patents, design elements, software, databases, text, graphics, icons and hyperlinks are the property of or licensed to TechNiche and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights licensed to the User in clause 2, all other rights to intellectual property on the TechNiche website are expressly reserved.
- SOFTWARE AND EQUIPMENT
It is the responsibility of the User to acquire and maintain, at his/her own expense, the computer hardware, software, lines and access accounts required to access the Internet and the TechNiche website and/or download content from this website.
- DISCLOSURES REQUIRED BY SECTION 43 OF THE ECT ACT
Access to the services, content, software and content downloads available from the TechNiche website is classified as “electronic transactions” in terms of the ECT Act and therefore Users have the rights detailed in Chapter 7 of the ECT Act and TechNiche has the duty to disclose the following information:
5.1 The full name and legal status of the website owner: TechNiche CC;
5.2 Company Registration Number: 1994/33436/23;
5.3 VAT registration number: 4630231126;
5.4 Street address: Brendong Avenue, Morningside Manor, Sandton, 2196;
5.5 Postal address: PostNet Suite #174, Private Bag X23, Gallo Manor, 2052;
5.6 Physical address for receipt of legal service; 128/3 Hilton Road, , Linbro Park, Johannesburg;
5.7 Telephone Number: +27 (11) 8021661;
5.8 Board of Directors: TechNiche is a sole proprietorship CC;
5.9 Main business: TechNiche – a SMME South African ICT company. TechNiche provides clients with professional and diverse IT related services including infrastructure, support, business solutions, system integration and networking systems;
5.10 The website address of the TechNiche website is: www.techniche.co.za;
5.11 The official e-mail address of the TechNiche website is: firstname.lastname@example.org;
5.12 Membership of self-regulatory or accreditation bodies: Computer Society of South Africa.
5.13 Codes of conduct to which the TechNiche subscribes:
5.13.1 TechNiche’s AUP (Acceptable Usage Policy) of Internet Usage;
5.14 Copies of the Manual published in terms of section 51 of the Promotion of Access to Information Act 2 of 2000: Click here to access and view the TechNiche Information Manual;
5.15 Alternative dispute resolution: Subject to urgent and/or interim relief, all disputes regarding:
5.15.1 access to the TechNiche website;
5.15.2 the inability to access the TechNiche website;
5.15.3 the services and content available from the TechNiche website; or
5.15.4 these terms and conditions,
shall be referred to arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa and such arbitration proceedings shall be conducted in Johannesburg in English. The arbitration ruling shall be final and the unsuccessful party shall pay the costs of the successful party on a scale as between attorney and own client.
5.16 The costs associated with the access and use of the TechNiche website are as follows: Free;
5.17 Cooling-off period: In terms of the operation of section 42(1)(d) of the ECT Act, the cooling-off provisions of the ECT Act do not apply to this web site; and
5.18 Users may lodge complaints concerning the TechNiche website at email@example.com. Users hereby assign the copyright in such complaints to TechNiche and understand that TechNiche may use, disclose and publish such complaints and is furthermore under no legal duty to answer, resolve or address such complaints.
- CHANGES AND AMENDMENTS
TechNiche expressly reserves the right, in its sole and absolute discretion, to do any of the following, at any time without prior notice:
6.1 change these terms and conditions;
6.2 change the content and/or services available from the TechNiche website;
6.3 discontinue any aspect of the TechNiche website or service(s) available from the TechNiche website; and/or
6.4 change the software and hardware required to access and use the TechNiche website.
7.1 TechNiche shall take all reasonable steps to protect the personal information of Users and for the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA);
7.2 TechNiche may electronically collect, store and use, amongst other, the following personal information of Users:
7.2.1 name and surname;
7.2.2 contact details;
7.2.3 non-personal browsing habits and click patterns;
7.2.4 e-mail address; and
7.2.5 IP address.
7.3 TechNiche collects, stores and uses the abovementioned information for the following purposes:
7.3.1 communicate requested information to the User;
7.3.2 newsletter database;
7.3.3 registration and / or authentication of Users; and
7.3.4 to compile non-personal statistical information about browsing habits, click-patterns and access to the TechNiche website;
7.4 Information detailed above is collected either electronically by using cookies or is provided voluntarily by the User. Users may determine cookie use independently through their browser settings;
7.5 TechNiche may collect, maintain, save, compile, share, disclose and sell any information collected from users, subject to the following provisions:
7.5.1 TechNiche shall not disclose personal information from Users unless the User consents thereto;
7.5.2 TechNiche shall disclose information without the User’s consent only through due legal process; and
7.5.3 TechNiche may compile, use and share any information that does not relate to any specific individual; and
7.6 TechNiche owns and retains all rights to non-personal statistical information collected and compiled by TechNiche.
8. HYPERLINKS TO THIRD PARTY SITES
8.1 TechNiche may provide hyperlinks to websites not controlled by TechNiche (target sites) and such links do not imply any endorsement, agreement on or support for the content of such target sites; and
8.2 TechNiche does not editorially control the content on such target sites and shall not be liable, in any manner whatsoever, for the access to, inability to access or content available on or through such target sites.
9.1 TechNiche shall take all reasonable steps to secure the content of the TechNiche website and the information provided by and collected from Users from unauthorised access and/or disclosure. However, TechNiche does not make any warranties or representations that content shall be 100% safe and secure;
9.2 TechNiche is under no legal duty to encrypt any content or communications from and to the TechNiche website and is also under no legal duty to provide digital authentication of any page on the TechNiche website;
9.3 Users may not deliver or attempt to deliver, whether on purpose or negligently, any damaging code, such as computer viruses, to the TechNiche website or the server and computer network that support the TechNiche website;
9.4 Notwithstanding criminal prosecution, any person who delivers any damaging code to the TechNiche website, whether on purpose or negligently, shall, without any limitation, indemnify and hold TechNiche harmless against any and all liability, damages and losses TechNiche and its partners / affiliates may suffer as a result of such damaging code;
9.5 Users may not develop, distribute or use any device to breach or overcome the security measures of the TechNiche website and TechNiche reserves the right to claim damages any and all persons concerned with a security failure or breach; and
9.6 Any User who commits any of the offences detailed in sections 85 to 88 of the ECT Act shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by TechNiche and its partners / affiliates.
- DISCLAIMER AND LIMITATION OF LIABILITY
10.1 Subject to the provisions of sections 43(5) and 43(6) of the ECT Act, if applicable, and as far as allowed by law, TechNiche (including its owners, directors, employees, suppliers, Internet service providers, partners, affiliates and agents) shall not be liable for any damage, loss or liability of any nature incurred by whomever and resulting from:
10.1.1 access to the TechNiche website;
10.1.2 access to websites linked to the TechNiche website;
10.1.3 inability to access the TechNiche website;
10.1.4 inability to access websites linked to the TechNiche website;
10.1.5 content available on the TechNiche website;
10.1.6 services available from the TechNiche website;
10.1.7 downloads and use of content from the TechNiche website; or
10.1.8 any other reason not directly related to TechNiche’s gross negligence.
10.2 The TechNiche website is supplied on an “as is” basis and has not been compiled to meet the User’s individual requirements. It is the responsibility of the User to satisfy himself or herself, prior to entering into this agreement with TechNiche, that the content available from and through the TechNiche website meets the User’s individual requirements and is compatible with the User’s computer hardware and/or software;
10.3 Information, ideas and opinions expressed on the TechNiche website should not be regarded as professional advice or the official opinion of TechNiche and Users are encouraged to seek professional advice before taking any course of action related to the information, ideas or opinions expressed on the TechNiche website;
10.4 TechNiche does not make any warranties or representations that content and services available from the TechNiche website will in all cases be true, correct or free from any errors. TechNiche shall take all reasonable steps to ensure the quality and accuracy of content available from the TechNiche website and encourage Users to report incorrect and untrue information subject to the right of TechNiche to rely on its free expression rights and determine, in its sole and absolute discretion, the contents of this website; and
10.5 TechNiche does not make any warranties or representations that the TechNiche website shall be available at all times. Users acknowledge that the TechNiche website may be unavailable due to updates or other causes beyond the reasonable control of TechNiche, including, but not limited to virus infection, unauthorised access, power failure or other “acts of God.”
- REMOVAL AND CORRECTION OF CONTENT
Users are encouraged to report untrue, inaccurate, defamatory, illegal, infringing and/or harmful content available from the TechNiche website to TechNiche and TechNiche undertakes to correct and/or remove such content or any part thereof if the person reporting such content provided reasonable grounds to prove the alleged nature of the content.
- INTERCEPTION OF COMMUNICATIONS
12.1 Subject to the provisions of the Regulation of Interception of Communications (RIC) Act 70 of 2002, the User agrees to TechNiche’s right to intercept, block, filter, read, delete, disclose and use all communications sent or posted by the User to the TechNiche website, its staff and employees; and
12.2 The User agrees and acknowledges that the consent provided by the User in clause 12.1 satisfies the “writing” requirement as detailed in the ECT Act and the RIC Act.
- ENTIRE AGREEMENT AND SEVERABILITY
13.1 These terms and conditions constitute the entire agreement between TechNiche and the User and shall take precedence over any disclaimers and/or legal notices attached to any communications and/or postings received by TechNiche from the User;
13.2 Any failure by TechNiche to exercise or enforce any right or provision shall in no way constitute a waiver of such right or provision; and
13.3 In the event that any term or condition detailed herein is found unenforceable or invalid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall remain enforceable and applicable.
- AGREEMENT IN TERMS OF SECTION 21 OF THE ECT ACT
The User and TechNiche agree that:
14.1 the User shall be bound to these terms and conditions and such agreement is concluded in Centurion (South Africa) at the time the User enters the TechNiche website for the first time;
14.2 data messages (as defined in the ECT Act) addressed by the User to TechNiche shall only be deemed to have been received if and when responded to;
14.3 data messages (as defined in the ECT Act) addressed to the User by TechNiche shall be deemed to be received by the User as detailed in section 23(b) of the ECT Act;
14.4 data messages (as defined in the ECT Act) addressed by the User to TechNiche shall be deemed to have been created and sent by the User from within the geographical boundaries of South Africa;
14.5 electronic signatures, encryption and/or authentication is not required for valid electronic communications between the User and TechNiche; and
14.6 The User agrees and warrants that data messages that are sent to TechNiche from a computer, IP address or mobile device normally used by or owned by the User, was sent and/or authorised by the User personally.
- APPLICABLE AND GOVERNING LAW
Subject to clause 5.4, the TechNiche website is hosted, controlled and operated from the Republic of South Africa and therefore the South African law enforced by the South African courts governs the use or inability to use the TechNiche website, its content, services and these terms and conditions.
- LEGAL COSTS
TechNiche shall not be liable for costs incurred by Users to obtain professional advice relating to these terms and conditions.
© TechNiche LICENSED TO TECHNICHE. ALL OTHER RIGHTS RESERVED. UNAUTHORISED COPYING, USE AND DISTRIBUTION PROHIBITED
VERSION: 1 AUGUST 2017