This agreement is between Focal Points Lab (Pty) Ltd [henceforth referred to as "us", "our" or "we" in these terms, which expressions shall include, where the context so admits, any other relevant subsidiaries of Focal Points Lab (Pty) Ltd or joint venture companies in which Focal Points Lab (Pty) Ltd directly or indirectly holds shares]. Additionally, the visitors to our website will (henceforth be referred to as "you" or "your" in these terms).
In consideration of us making this website available for your use, you therefore accept the terms of this agreement.
1. Who we are:
This website is controlled by Focal Points Lab (Pty) Ltd, a company incorporated under South African Law with the company registration number: 2010/007389/07.
Registered office address:
Unit 5, Cnr JG Strijdom & Springhaas Road
Postnet Suite 213
Private Bag X1
Telephone: +27 (0)10 020 5257
Facsimile: +27 (0) 866 74 2264
2. Website Terms and Conditions of Use:
|If you are under the age of 18, you must obtain your parents’ and or legal guardians’ authorisation, permission and consent in advance in order to be bound by these terms before purchasing any products or services (if applicable).
|If there is anything in these terms that you do not understand, please contact us as soon as possible. Please note that calls to us are charged at national rates and may be monitored for training, security and quality assurance purposes.
3. Intellectual property:
|Our website and all related pages are the intellectual property of us, our affiliates and third parties.
All related pages include, but are not limited to, content, software, source code/s, graphics, designs, trademarks, logos, technology, data, systems, methods, trade names, trade secrets, styles, insignia, copyright, patents, text and images, or other material contained in or electronically distributed on this website.
This also includes similar proprietary rights that may subsist in any part of the world (whether registered or unregistered).
These are all owned or licensed to us, and are protected by either copyrights, trademarks, service marks, patents or other proprietary rights or laws.
Unauthorised use of any copyrighted materials, trademarks or any other intellectual property, without the express written consent by the owner, is strictly prohibited.
4. Copyright and use of material:
|We recognise that when you obtain access to our website, your computer downloads a copy of the material on the website. By obtaining access to our website, you agree that you will use the material for your personal use only, and not for any commercial purpose whatsoever. You are responsible for acting in compliance, at all times, with all applicable copyright laws.
|In particular, notwithstanding the provisions of point 4.1 above, you may not do any of the following without obtaining prior written permission from us:
4.2.1 Reproduce, copy, redistribute, modify, adapt or vary any of the content contained on our website.
4.2.2 Remove any copyright, trademark or intellectual property right notices from any copies of the content.
4.2.3 Create a database in electronic or structured manual form by systematically downloading and storing all or any of the content from our website.
|The use of material from the website, in any manner or for any purpose that is unlawful, or in any manner that violates any right of Focal Points Lab (Pty) Ltd, is strictly prohibited.
|All rights not expressly granted are reserved, and no right, title or interest in any proprietary material or information contained in this website is granted to you.
|By submitting reviews, comments and/or any other content (other than your personal information) to us for posting on the website, you automatically grant us, and our affiliates, a non-exclusive, royalty free, perpetual, irrevocable right and licence to use, reproduce, publish, translate, sub-licence, copy and distribute such content in whole, or in part, worldwide. You grant us permission to incorporate it in other works in any form, media or technology now known, or hereinafter developed, for the full term of any copyright that may exist in such contents. Subject to this licence, you retain any, and all, rights that may exist in such content.
|You agree not to post or transmit, by means of reviews, comments, suggestions, ideas, questions or other information through the website, any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful or racially, ethnically or otherwise objectionable.
5. Operation of the Website:
|We reserve the right to suspend, discontinue or terminate the operation of the website at any time, for the purposes of support and maintenance, or to update or improve the information contained on the website. We are not obliged to give any notice of such termination, discontinuation or suspension.
|We reserve the right to change and amend the products, prices and rates quoted on this website, if any, without notice.
|We may use the services of third parties to provide information on the website. We have no control over this information and make no representations or warranties of any nature as to its accuracy, appropriateness or correctness. The user agrees that such information is provided as is, and that we, and our online partners, shall not be liable for any losses or damages that may arise from the user’s reliance on it; however, these may arise.
6. Links to third-party websites:
|The website may contain links to third-party websites. These linked websites are not under our control. To the extent allowed by law, we accept no responsibility for, or liability arising from, access to, or the information provided on any website that is linked from the website, or any hyperlink contained in a linked website.
|The above wording will limit and exclude obligations, liabilities and legal responsibilities of Focal Points Lab (Pty) Ltd, and also limits and excludes your rights and remedies, and places various risks, liabilities, obligations and legal responsibilities on you.
|The fact that the website contains a link to, or from, a third-party website does not imply that there is any affiliation between Focal Points Lab (Pty) Ltd and the third-party website, nor that Focal Points Lab (Pty) Ltd or its employees endorse the third-party website. The linked website may not imply, in any way, that Focal Points Lab (Pty) Ltd or any of its employees recommend or endorse any of the linked website products or services.
|You agree that we shall not be held liable in any way, directly or indirectly,, for the content, the use, or inability to use or access any linked website or any link(s) contained in a website, nor for any loss or damage of any sort incurred as a result of any dealings with, or as the result of, the presence of such third-party linked websites on this website. Any dealings that you may have with any linked websites, including advertisers found on this website, are solely between you and the third-party website.
|We do not warrant or guarantee any information (expressed or implied) contained on this website or on any website to which it is linked.
|We do not warrant or guarantee the accuracy of any information (expressed or implied) contained on this website or any website to which it is linked.
|We do not warrant that our website, or any website to which this website may be linked, or any relevant servers, are free of computer viruses or other harmful applications.
|We do not warrant that the information or downloads shall be error-free, or that they will meet any particular criteria of performance or quality. We expressly disclaim all implied warranties, including (without limitation) warranties of merchantability, fitness for a particular purpose, non-infringement, compatibility, security and accuracy, before purchasing any products or services (if applicable).
8. Use of information:
|You agree that we may collect, store and use information about you, in accordance with our privacy statement.
|Personal information, when used in this Policy, means information that can identify you as an individual or is capable of identifying you. By personal information, we don’t mean general, statistical, aggregated or anonymised information.
|Your use of our services signifies your consent to us collecting and using your personal information as specified below.
|How do we collect information about you?
All our subscription services require a registration process that is either handled by a sales representative or online registration. During registration, you will be asked for the necessary unique security information that will include your name, surname, phone number and email address.
Depending on the service, additional information might be required (for example, postal address, fax number, etc.).
|How do we use your information?
All the client information is stored on our internal user database. These details are used for internal billing and accounting functions. This information may also be used:
9.5.1 to confirm receipt of reports in order to validate you as a client when using our services and when contacting us
9.5.2 to prevent and detect criminal activity, fraud and misuse or damage to our services or networks
9.5.3 to contact you to form part of our voluntary consumer panel or various research groups
9.5.4 to distribute corporate news and website newsletters to you, if you have approved such distribution
|How long do we keep your information for?
The time periods for which we keep your information may vary according to the use or purpose attached to the information. Unless there is a specific legal requirement requiring us to keep your information, we will not keep it for longer than necessary for the purpose of which the information was collected, or for which it is to be processed.
|Do we disclose your information to third parties?
We may provide aggregate statistics about our sales, customers, research and other website information to third parties, but these statistics will not include any information that could identify you, unless you have consented thereto.
These cookies collect client and session information and will allow us to recognise you as a client and provide you with the service you require for the duration of the website session.
|How can you refuse or opt out of cookies?
Your browser is set by default to accept cookies, but the browser settings can be altered to prevent automatic acceptance and may prompt you every time a cookie is sent to you or allow you to choose not to receive cookies at all.
The onus is on you to ensure that you have configured your browser as per your personal preference.
|How can you manage your privacy preferences?
The online services contain a profile management section where you can modify your own details. In cases where services are managed by a sales representative, a request will need to be made.
|In order to ensure the security and reliable operation of the services to all our users, we hereby reserve the right to take whatever action we may deem necessary to preserve the security, integrity and reliability of our network and back-office applications.
|You may not utilise the website in any manner that may compromise the security of our networks or tamper with the website in any manner whatsoever, which includes (without limitation) gaining or attempting to gain unauthorised access to the website, or delivery or attempting to deliver any unauthorised, damaging or malicious code to the website, all of which is expressly prohibited. Any person or entity that does so, or attempts to do so, shall be held criminally liable. Furthermore, should we suffer any damage or loss, civil damages will be claimed by us against the user.
|Any user who commits any of the offences detailed in Chapter 13 of the Electronic Communications and Transactions Act 25 of 2002 (“ECT”) (specifically sections 85 to 88 (inclusive)) will, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by us and our affiliates, agents and/or partners.
11. Compliance with section 43(1) of ECT Act:
|In compliance with section 43(1) of the ECT Act, the following is noted:
Full name: Focal Points Lab (Pty) Ltd
Registration number: 2010/007389/07
Physical address: Newsclip House
Unit 5, Cnr JG Strijdom & Springhaas Road, Constantia Kloof, Roodepoort
Fax number: +27 11 288 6610
Telephone number: +27 11 288 6600
Website address: www.focalpoints.co.za
E-mail address: firstname.lastname@example.org
Names of office bearers: LP Dabbs and SJD Dabbs
12. Limitation of liability:
|The use of this website, and the information contained on the website, is entirely at the user’s own risk and the user assumes full responsibility and risk of loss resulting from the use thereof.
|The use of this website is dependent on factors beyond our control, such as the network coverage or availability of your Internet Service Provider’s availability. We are not liable for any loss or damages you may suffer if a factor beyond our control arises and you cannot access this website.
|You use this website entirely at your own risk. You are fully responsible for any loss or damage that may result from you using or not being able to use this website, or any of its content or information.
|We (including our owners, agents, consultants, employees and any affiliated person) are not responsible for any loss or damages related to your direct or indirect use of this website. This includes, without limitation, any, special, incidental, consequential or punitive damages in terms of any contract, delict (breach of a duty of care) or law, or for any loss of profit, business, contracts or revenues – even if we were expressly told that any loss or damage was possible.
|If you enter our website, you agree that this clause relating to limitation of liability is reasonable, and that it reflects the nature of our website.
|You hereby, unconditionally and irrevocably, indemnify us and agree to hold us free from all loss, damages, claims and/or cost of whatsoever nature suffered or incurred by us, or instituted against us, as a direct or indirect result of your use of the website and/or breach of any of the provisions of these terms.
|If any term/s of this agreement is held by any competent authority to be invalid, unlawful or unenforceable, it will not affect the enforceability of any of the remaining terms of this agreement.
|If we do not exercise any right under the terms of this agreement that will not constitute a waiver of that right.
16. Applicable law and jurisdiction:
|Your use of this website and any downloads from it, and the operation of this agreement, will be governed by and construed in accordance with the laws of the Republic of South Africa. Any dispute arising out of or in connection with your use of this website shall be subject to the exclusive jurisdiction of the Courts of South Africa
|Focal Points Lab (Pty) Ltd endeavours to ensure the accuracy and reliability of the website, and the content, materials and products included and available on the website. However, because of the possibility of human and mechanical error, as well as other factors to the extent allowed by law, we do not (whether expressly, tacitly or implicitly) represent, warrant or in any other way guarantee the availability, truth, accuracy, completeness or reliability of such information. We further do not guarantee that it is always up to date or that your access to the website will be uninterrupted or error-free.
|To the extent allowed by law, you must be satisfied that you may lawfully access the website, read the pages and/or act upon the material contained in the pages, and we accept no responsibility for your unauthorised access or actions in respect of these matters. The above wording limits and excludes obligations, liabilities and legal responsibilities of Focal Points Lab (Pty) Ltd, and also limits and excludes your rights and remedies and places various risks, liabilities, obligations and legal responsibilities on you.
18. Third parties:
|To the extent that this website is published or hosted by a third party on our behalf, such third party will not be responsible for the accuracy of its contents.
|While Focal Points Lab (Pty) Ltd has endeavoured to ensure that all information provided on the Focal Points Lab (Pty) Ltd website is accurate and up to date, Focal Points Lab (Pty) Ltd takes no responsibility for any error or omission relating to this information.
|To the maximum extent permitted by law, Focal Points Lab (Pty) Ltd will not be liable for any cost, loss or damage suffered by you through your use of Focal Points Lab (Pty) Ltd websites or the failure of Focal Points Lab (Pty) Ltd in providing access to these websites or information updates.
20. Compliance with laws:
|You shall comply with all applicable laws, statutes, ordinances and regulations pertaining to your use of, and access to, this website.
|The headnotes to the paragraphs of these terms are inserted for reference purposes only and shall not affect the interpretation of any of the provisions to which they relate.