TERMS AND CONDITIONS OF USE OF WEBSITE
These Terms and Conditions constitute a binding agreement between you (“the User”) and the Website.
The User’s continued use of the Website shall serve as proof that the User has accepted these Terms and Conditions.
1.1.1 "Agreement" means these Terms and Conditions as well as any annexures thereto which may be updated from time to time;
1.1.2 "Indemnified Parties" means each of the Website, its owners, officers, employees, contractors, consultants and agents from time to time and any entities, associates or affiliates related to the Website, including their respective officers, employees, contractors, consultants and agents from time to time;
1.1.3 "Intellectual Property Rights" means intellectual property whether protected by common law, international treaty, the Geneva Convention or under statute including (without limitation) copyright, all rights in relation to inventions (including registered, pending and applied for patents), registered and unregistered trade marks, registered and unregistered designs including drawings, circuit layouts and all other rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields anywhere in the world;
1.1.4 "Site" or "Website" means the internet website accessible at http://www.immigrationsouthafrica.com ;
1.1.5 "User" or "users" means any anyone who uses the Website;
1.1.6 "we", "us", "our", "ourselves" and "the Website" are used interchangeably in this Agreement and all mean Immigration Consulting Services t/a Immigration South Africa of Office 2, 3rd Floor, 107 Bree Street, Cape Town, South Africa who is the owner of the Website;
1.1.7 "you" or "your" means you, whether as an individual or representative of a legal entity, as the case requires; and
1.1.8 "your information" includes all information you provide to us in using this Website and it includes the information that the Website collects about Users as a result of their use of this Website.
2.1 The User warrants that:
2.1.1 information and feedback provided by the User to the Website and or/the employees of the owner of the Website as well as any communication which may take place between any of the aforementioned parties:
18.104.22.168 is accurate and not false, misleading, deceptive or fraudulent;
22.214.171.124 the intended recipient of the information, feedback and communication provided by the User may be accepted as being true and correct and may as such be relied upon and acted on;
126.96.36.199 is lawful;
188.8.131.52 is not threatening, offensive, intended to unlawfully intimidate or may otherwise threaten the safety, security or well-being of others;
184.108.40.206 does not contain any malicious software, viruses and the like which may cause harm;
220.127.116.11 that it will not cause hyperlinks, advertising or promotional material which link to external websites to be displayed on the Website.
3.1 We cannot guarantee the accuracy and reliability of all of the content of the Website and the use of such information is at the User’s own risk.
4.1 The Website owns the Intellectual Property Rights. This Website or any portion of this Website may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose unless the express written consent of the Website owner is obtained.
4.2 We grant you a limited license to access and make personal use of the Website. You are not allowed to download or modify and portion of the Website unless the express written consent of the Website owner is obtained.
5.1 The Website will never sell, share, or rent information which enables others to personally identify any of its Users to others in any way other than as disclosed in these Terms and Conditions.
5.2 The Website may from time to time sell, share or rent information which has been aggregated or manipulated to the extent that it is not possible to personally identify any of its Users.
5.3 The User agrees that the Website may electronically collect, store and/or use the following information about the User in accordance with the relevant legislation:
5.3.1 name and surname, birth date, passport number ("Personal Details");
5.3.2 e-mail address, physical address and mobile number ("Contact Details");
5.3.4 additional information you may provide on a voluntary basis, such as demographic information ("Optional Details").
5.4 The Website may, in its sole discretion, request additional information from the User. The User may be required to confirm such details as his identity, address and contact information for security and verification reasons. This information may include, but is not limited to, copies of identification documents, passports, utility bills, licenses, legal or financial documentation or any other documentation related to the User’s use of this website.
5.5 The Website collects the aforesaid information in the following manner:
5.5.1 Information provided by the User:
18.104.22.168 Personal Details and Contact Details;
22.214.171.124 Identity Number or Passport Number of Registration Number;
126.96.36.199 Optional Details, which is submitted when the User uploads or downloads Content from the Website, enters competitions, takes advantage of promotions, responds to surveys, registers and/or subscribes for additional services or otherwise uses the optional features and functionality of the Website.
5.5.2 "Cookies" information: upon accessing the Website, one or more cookies (small text files containing a string of alphanumeric characters) may be sent to the device used by the User to access the Website in order to collect certain Usage Details. The Website and its advertisers may use both session cookies (which disappear after the web browser program is closed) and persistent cookies (which remain after the web browser program is closed, but which can be removed manually) and may be used by the web browser program on subsequent visits to the Website.
5.5.3 Other tracking technology: When the User accesses the Website or opens an HTML email sent to the User by the Website, certain Usage Details may be collected and recorded by the Website from the User’s system through various types of tracking technology.
5.5.4 Web Beacons: The Website may contain electronic image requests (called a "single-pixel GIFs" or "web beacon" request) that allows it to count page views and to access cookies. Any electronic image viewed as part of a web page (including an advertisement banner) can act as a web beacon. The Website may also include web beacons in HTML-formatted emails and newsletters which are sent to Users in order to track the readership of those emails and newsletters. The Website’s web beacons do not collect, gather, monitor or share any personally identifiable information about its Users – they are merely used to compile anonymous information about usage of the Website and its Services.
5.5.5 The Website uses the information provided by Users to operate, maintain, enhance and provide the features and functionality of the website and to allow the Website to track user- generated content to the extent necessary to comply with all applicable laws. The Website uses the information collected to understand the usage trends and preferences of its Users, to improve the way the Website works and looks and to create new features and functionality.
5.6 The User acknowledges and agrees that the Website may use the Personal Details and Contact Details as follows:
5.6.1 to verify the User’s identity;
5.6.2 to inform the User of competitions, promotions and/or special offers, but only in the event and to the extent that the User has not opted out of receiving such communications (which the User is entitled to do at any time);
5.6.3 to be able to communicate with the User.
5.7 The User acknowledges and agrees that the Website may use the Usage Details as follows:
5.7.1 To remember the User’s information so that it will not have to re-enter it every time the user visits the Website;
5.7.2 to monitor Website usage; and 5.7.3 to track the User’s interaction with the Website and the promotions or other activities available on it.
5.8 The User agrees and acknowledges that the Website may use any information about any User so as to protect its rights and the rights of other Users and related third parties, to enforce these Terms and Conditions and to comply with all applicable laws.
5.9 The User specifically agrees that the Website shall not be liable for any loss, damage, expense, or other amounts incurred by any person however arising (including where the cause cannot be determined), now or in future, through the release of the User’s Personal Details, Contact Details, IP Address, Usage Details, Optional Details in the event of it exercising its rights under this clause.
5.5.10 Should the Website sell, transfer or close its business, merge or consolidate with another business, undergo a change in control, recomanisation or liquidation or transfer the majority of its assets, then the Website shall be entitled to transfer, cede, sell or assign any or all information collected via the Website (including Contact Details) to one or more relevant third parties, to be used by them in accordance with the provisions of these Terms and Conditions.
5.11 To the extent necessary, the provisions of this clause 5 will endure beyond the termination of these Terms and Conditions.
6.1 Notwithstanding anything to the contrary contained in this Agreement, the User agrees that the Indemnified Parties will not be liable to anyone for any loss, damage, expense, or other amounts incurred, savings foregone, or hardship suffered (“Losses”), by any person however arising, whether such Losses arose directly or indirectly from the authorised or unauthorised use of, access to, reliance on, or any inability to use or access this Website, its Services, or as a consequence of such use, access, reliance, or inability to access, including, but not limited to, any loss relating to one or more, or a combination, of the following:
6.1.1 a failure or malfunction of all or any part of this Website, its servers, networks and computer systems, the network resources, the Services, or any other computer systems or network resources to which it may be connected or upon which it may rely, or the taking offline of any of those computer systems or network resources for any reason;
6.1.2 any circumstance which results in a restriction of access or complete lack of access to the Website;
6.1.3 whether the Website could have foreseen a loss or type of loss which eventually occurs, was negligent or reckless, whether or not the loss was suffered in connection with a business or commercial enterprise, including, but not limited to, any economic or consequential loss or damage any and all damage to, or loss of, any equipment, property, data, or other information possessed by the User or any other person, any loss of profits and any losses relating to contracts, business, revenue, goodwill, or any expected savings;
6.1.4 any errors or omissions in any documentation or other literature provided by the Website, any errors or omissions in any data or information on the Website, or any breach of contract or negligence on the part of the Indemnified Parties;
6.1.5 any reliance on the information and material contained on this Website or any other information or material whatsoever, or any information and material contained on, and the privacy of, web Websites linked to this Website; 6.1.6 any feedback, comments or rating scores made by any User; 6.1.7 any action taken by the Website under this Agreement;
6.1.8 any conduct, act or omission (whether negligent, reckless, or otherwise) whether within any actual, ostensible, or apparent authority or not at all on the part of the Indemnified Parties.
6.2 To the extent permitted by law, all terms, conditions and warranties or representations, or representation whether express, implied, statutory, common law or otherwise relating to the immigration services or anything in these terms and conditions, are excluded unless expressly included in these Terms and Conditions.
7.1 If any of the parties commits a breach of this Agreement (“the Defaulting Party”), and/or fails to comply with any of the provisions thereof, then the party against whom the breach is committed (“the Innocent Party”) shall be entitled to give the Defaulting Party 7 (seven) calendar days’ notice in writing to remedy such breach and/or failure and if the Defaulting Party fails to comply with such notice, then the Innocent Party shall forthwith be entitled, but not obliged, without prejudice to any other rights or remedies (except the right to cancellation) which the Innocent Party may have in law, including the right to claim damages:
7.1.1 cancel this Terms and Conditions and/or claim damages; or
7.1.2 to claim immediate performance and/or payment of all the obligations of the Defaulting Party in terms hereof.
Each and every provision of this Agreement (excluding only those provisions which are essential at law for a valid and binding agreement to be constituted) shall be deemed to be separate and severable from the remaining provisions of this Agreement. If any of the provisions of this agreement (excluding only those provisions which are essential at law for a valid and binding agreement to be constituted) is found by any court of competent jurisdiction to be invalid and/or unenforceable then, notwithstanding such invalidity and/or unenforceability, the remaining provisions of this agreement shall be and remain of full force and effect.
No relaxation, indulgence or extension of time granted by any party to the other shall be construed as a waiver of any of such party's rights in terms hereof, or a novation of any of the terms of this Agreement or estop such party from enforcing strict and punctual compliance with the terms of this Agreement.
No variation of, addition to, consensual cancellation of or waiver of any right arising in terms of this Agreement shall be of any force or effect unless it is reduced to writing, communicated to a duly authorised representative of the other party and not refused by that other party.
This Agreement constitutes the whole agreement between the parties in relation to the subject matter thereof and no party shall accordingly be bound by any undertaking, representation or warranty not recorded therein.
This Agreement will be governed by the laws in force in the Republic of South Africa and each party unconditionally submits to the exclusive jurisdiction of the courts of the Republic of South Africa in relation to any legal action, suit or proceedings arising out of or with respect to this Agreement.
13.1 The User chooses its domicilium citandi et executandi (service address) for the purposes of giving any notice serving any legal process and for any other purpose arising from this Agreement at the addresses, e-mail and telefax numbers provided to the Website. Any notice to be served by either party to the other must be in writing and will be sent by hand delivery, post, facsimile or email to the relevant party. The Website chooses its services as the address stipulated in clause 1 of this Agreement.
13.2 Any notice given to any other (the "Addressee") which:
13.2.1 is delivered by hand during the normal business hours of the Addressee at the Addressee's service address for the time being, shall be presumed, unless the contrary is proved, to have been received by the Addressee at the time of delivery;
13.2.2 is transmitted by facsimile or email during normal business hours, shall be presumed, unless the contrary is proved, to have been received by the Addressee 24 (twenty-four) hours after the time of transmission.