Please read these Terms and Conditions that apply to the use of our site.
Terms Of Website Use
Other Applicable Terms
2.1.2. our Acceptable Use Policy, which sets out the policy and conditions when you want to upload content to our site or Services.
Information About Us
3.1. www.iprotect.co.za is an internet site and the iProtect Exchange Platform is operated by iProtect Exchange (Pty) Ltd.
3.2. We are:-
3.2.1. registered in the Republic of South Africa under company number 2005/039774/07
3.2.2. have our registered office and main trading address at Unit A, Mayfair, Cnr Oasis Lane & Century Way, Century City, Cape Town, Western Cape, 7441, South Africa (“Premises”).
3.3. For more information about us, kindly click here.
Changes To These Terms
4.2. The amendments will be applicable when published on our site.
Changes To Our Site
5.1. We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.
5.2. We do not guarantee that our site, or any content on it, will be free from errors or omissions.
Accessing Our Site
6.1. Access to our site is made available free of charge. Applicable fees in terms of our Services will be addressed in the Terms of Service.
6.2. We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site (including but not limited to the Services) without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.
6.3. You are responsible for making all arrangements necessary for you to have access to our site and Services, including but not limited to mobile data and the costs associated with it. We do not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
6.5. Our site is directed to people residing in the Republic of South Africa. We do not represent that content available on or through our site or the Services are appropriate or available in other locations. We may limit the availability of our site or any Service described on our site to any person or geographic area at any time. If you choose to access our site from outside the Republic of South Africa, you do so at your own risk.
Rights Granted To You
7.1.1. access and use our site or application (when available) on your personal device solely in connection with your use of the Services; and
7.1.2. access and use any content, information and related materials that may be made available on our site and through the Services, in each case solely for your personal, non-commercial use.
7.2. Any rights not expressly granted herein are reserved by us and our licensors.
You may not use our site or Services:
8.1. In any way that breaches any applicable local, national or international law or regulation.
8.2. In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
8.3. To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
8.4. To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
8.5. to access without authority, interfere with, damage or disrupt and part of our site or the Gear or network on which the site is stored.
You may further not:
8.6. remove any copyright, trademark or other proprietary notices from any portion of our site or the Services;
8.7. reproduce, copy (direct or in-direct), modify, adapt, reproduce, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit our site or the Services (or any part thereof);
8.8. decompile, reverse engineer or disassemble our site or the Services except as may be permitted by applicable law;
8.9. mirror, data mine, frame or cache any portion of our site or Services;
8.10. cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or
8.11. design or develop a competitive or substantially similar service to our Services;
8.12. attempt to gain unauthorised access to or impair any aspect of our site or the Services or its related systems or networks.
To utilise our Services you will be required to register with us. Prior to registration our Terms of Service will be made available to you, which will apply in terms of the Services (including management of your service account).
Intellectual Property Rights
10.1. We are the owners and/or rightful licensees of all intellectual property rights (including but not limited to, concepts, know-how, data processing techniques, copyrights, patents, designs, inventions, trademarks, which are created, invented and/or developed, registered or unregistered) in our site and Services, and in the material published on it and in terms of our Services. Those works are protected by local and international laws and treaties around the world. All such rights are reserved.
10.2. You may copy, and may download extracts, of any page(s) from our site for your personal use and to determine whether you want to utilise our Services or not. You may draw the attention of others to content posted on our site or by sharing same via social networks or other means available.
10.3. You must not modify the copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text or claim that it is yours.
10.4.1. in or related to our site or the Services except for the limited license granted under paragraph 7 above; or
10.4.2. to use or reference in any manner our business names, service names, logos, trademarks or services marks or those of our licensors (registered or un-registered).
10.5. If you feel that any of your copyright or the copyright of any third party may have been infringed, then a claim of such infringement should be sent to us on firstname.lastname@example.org.
Limitation Of Our Liability
11.1. YOU AGREE THAT YOUR USE OF OUR SERVICES AND/OR PRODUCTS ARE VOLUNTARILY AND AT YOUR SOLE RISK. OUR SERVICES ARE PROVIDED “AS-IS” and on an “as-available” basis. YOU AGREE THAT YOU HAVE HAD WHATSOEVER OPPORTUNITY YOU DEEM NECESSARY TO INVESTIGATE OUR SERVICES, LAWS, RULES OR REGULATIONS THAT MAY BE APPLICABLE TO YOUR USESAGE OF OUR SERVICES AND/OR PRODUCTS AND THAT YOU ARE NOT RELYING ON ANY STATEMENT OF LAW OR FACT MADE BY US.
11.2. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our OUR SERVICES AND/OR PRODUCTS, whether express or implied. IN ADDITION, WE MAKE NO REPRESENTATION, GUARANTEE OR WARRANTY REGARDING THE TIMELINESS, QUALITY, RELIABILITY, SUITABILITY, OR AVAILABILITY OF SERVICES AND/OR PRODUCTS REQUESTED THROUGH THE USE OF THE SERVICES AND/OR PRODUCTS, OR THAT THE USE OF SERVICES AND/OR PRODUCTS WILL BE UNINTERRUPTED OR ERROR-FREE. WE DO NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF OUR SERVICES AND/OR PRODUCTS, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
11.3. IT IS IN YOUR SOLE DISCRETION TO USE OUR SERVICES AND/OR PRODUCTS AND THEREFORE YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WE, OUR DIRECTORS, EMPLOYEES AND AGENTS SHALL NOT BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS PROFITS, USE OF DATA, GOODWILL OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), IN CONNECTION WITH, OR OTHERWISE RESULTING FROM (i) THE USE OR THE INABILITY TO USE OUR SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES AND/OR PRODUCTS RESULTING FROM ANY SERVICES AND/OR PRODUCTS, DATA, INFORMATION OR SERVICES RENTED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY VIA OUR SERVICES AND/OR PRODUCTS; (v) RESULTS OF OUR SERVICES AND/OR PRODUCTS, ANY WEBSITES LINKED TO OUR SITE AND ANY MATERIALS POSTED ON IT; (VI) FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL; OR (vi) ANY OTHER MATTER RELATING TO OUR SITE AND SERVICES AND/OR PRODUCTS.
11.4. THE LIMITATIONS AND DISCLAIMER IN THIS PARAGRAPH 11 DO NOT LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
11.5. We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
11.6. Different limitations and exclusions of liability may apply to liability arising as a result of the supply of Services by us to you, which will be set out in our Terms of Service.
12.1. Although we are not obliged to provide security on our site we feel it is important that your information or any communication between us is dealt with in the most secure manner reasonable possible, however because of the nature of the internet we cannot warrantee that your communications with us via the site is completely secure;
12.2. To provide adequate security to all users of the site and to monitor activities prohibited under section 86 of the ECT Act you hereby agree to our right to intercept, monitor, block, read, delete or accesses all data sent to the site or any other iProtect communication facility, e.g. email, Instant messaging – or fax to email application, subject to conditions as set out under the RIC Act;
12.3. It is our policy to virus check documents and files before they are posted on a site. However, we cannot guarantee that documents or files downloaded from the site will be free from viruses and we do not accept any responsibility for any damage or loss caused by any virus. Accordingly, for your own protection, you must use virus-checking software when using this website. Further, you will not post or provide to us via the site, any document or file that may contain a virus. You must virus check any document or file which you intend to post or provide to us via the site.
Linking To Our Site
13.1. You may link to our site, but only to the home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
13.2. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists or a link to our site in any website that is not owned by you.
13.3. our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
13.4. We reserve the right to withdraw linking permission without notice.
13.5. The website in which you are linking must comply in all respects with our Acceptable Use Policy.
Third Party Services, Content And Links In Our Site
14.2. In terms of an User uploading examples and content related to Products or to Services, we request and try to guide the User to ensure that the content he/she uploads to our Services comply with our Acceptable Use Policy, however we have no control over the contents of the User uploads or resources or any third party sites or resources and make no warranties about them.
Breach, Suspension & Termination
15.3. All costs, charges and expenses of whatsoever nature which may be incurred by us in enforcing its rights in terms hereof including, without limitation, legal costs on the scale as between an attorney and own client and collection commission, irrespective of whether any action has been instituted, shall be recoverable from you if the above rights are successfully enforced.
15.4. No relaxation or indulgence, which any party may grant to any other, shall constitute a waiver of the rights of that party and shall not preclude that party from exercising any rights which may have arisen in the past or which might arise in future.
15.5. Any provision under these terms and conditions, which contemplates performance or observance subsequent to any termination, or expiration of this Agreement shall survive any termination or expiration of this Agreement and continue in full force and effect.
Applicable Law & Jurisdiction
16.2. Kindly take note: No term, condition and/or provision of these terms and conditions is intended to limit your, as the case may be, right to settle a dispute concerning the CPA (to the extent applicable) using the mechanisms provided for therein.
Electronic Communications & Contract Between Us
17.1. Data Messages sent from us to you have been sent from the iProtect Exchange Premises;
17.2. A Data Message is deemed to be sent:-
17.2.1. By us, at the time shown on the message as having been sent, or if not so shown, at the time shown on our information system as having been sent;
17.2.2. By you, at the time when we confirm receipt thereof.
17.3. A data message is deemed to be received:-
17.3.1. By us: only when an authorised representative responds thereto (excluding an automated response). Such acknowledgement further does not give legal effect to that message, unless specifically indicated by us that it does give legal effect to the Data Message;
17.3.2. By you: once it enters your information system.
17.5. Attribution of Data Messages to originator you agree and warrant that the Data Message sent, from any computer or device that is owned by you or programmed by you, to us was sent by you.
17.6. Expression of intent – use of our site: For purposes of electronic communications between you and us no electronic signature is required; the mere sending of a Data Messages or browsing of our site(s) demonstrates your intent to be a party to this agreement;
18.1. In terms of our Services: please use the contact information as per our Contact Us page.
18.2. For complaints: it is important to us that you are satisfied with our Services. Please contact us first if you have a complaint or any other services issue. You can use the contact information as per our Contact Us page. Please ask for reference number if you speak to any of our representatives;
18.3. For any legal documentation or notices (hopefully this will never be required) we select the following address:
18.3.1. Physical address: our Premises
18.3.2. Email: email@example.com (heading: “Legal”)
18.3.3. (Marked for the attention of: Managing Director (Legal))
18.4. If it is required to send you any legal document or notice, for purposes of the agreement between you and us, or for purposes of the Rental Agreement (see Terms of Service), you agree that we can send it via electronic mail to your email address in your Service Account, or by written communication sent by registered post to your address in your Service Account or if delivery to the aforesaid addresses is not successful then such contact details we may find about you on the internet.
18.5. Any notice to either party which is –
i) sent by prepaid registered post in a correctly addressed envelope to the address specified for it under clause18.4.1 above shall be deemed to have been received, unless the contrary is proved, within 10 (ten) days from the date on which it was posted; or
ii) delivered to the party by hand, shall be deemed to have been received on the day of delivery, provided that it has been delivered to a responsible person during ordinary business hours; or
iii) sent by a Data Message to the addressee shall be deemed to be received as per clause 17.3.
18.6. Notwithstanding anything to the contrary herein, a written notice actually received by a party, including a notice sent by telefax, shall be an adequate notice to it notwithstanding that it was not sent or delivered to its chosen address.
19.1. CPA: the Consumer Protection Act 68 of 2008;
19.2. Data Message: as defined under the ECT Act;
19.3. ECT Act: means the Electronic Communications and Transactions Act 2002;
19.4. iProtect Exchange Platform: the software program / information technology platform made available by Us to you to utilise our Services available to you.
19.5. Purpose: to enable the User to efficiently manage their estate;
19.6. RIC Act: Regulation of Interception of Communications and Provision of Communication related information act 70 of 2002;
19.7. Services: the provision of our sites, platform and applications (where available) to enable you to efficiently manage your documents and estate.
19.8. Users: means unregistered and registered users of our site.