Terms and Conditions
CAPISOL WEBSITE TERMS AND CONDITIONS OF USE
Ownership of the Website and its contents
You acknowledge that this Website, and all intellectual property rights therein, vest in CAPISOL, our licensors, advertisers or third-party content providers (as applicable) and that any unauthorised use thereof is expressly prohibited.
Unless otherwise indicated, all of the content featured or displayed on this Website, including, but not limited to, text, graphics, data, photographic images, moving images, sound, illustrations, software, and the selection and arrangement thereof (“Website Content”) are owned by CAPISOL, our licensors, advertisers or third-party content providers (as applicable).
All elements of the Website, including the Website Content are protected by copyright, trade dress, moral rights, trademark and other laws relating to the protection of intellectual property.
We reserve the right at any time to change or discontinue, without notice, any aspect or feature of the Website.
The Website aims to provide general information regarding the various products and services that CAPISOL provides and is not intended to, nor does it constitute specific advice.
Information, ideas and opinions expressed on this Website should not be regarded as the official opinion of CAPISOL.
Use of the Website
This Website and the Website Content are intended for CAPISOL users. You may not use this Website or the Website Content for anything other than personal and non-commercial purposes. You are specifically prohibited from:
- printing, downloading, copying, adapting or re-transmitting any or all of the Website or the Website Content otherwise than through your bona fide, personal, non-commercial use of the Website without, or in violation of, a written licence or agreement with us;
- using any data mining, robots or similar data-gathering or extraction methods;
- manipulating or otherwise displaying the Website or the Website Content by using framing or similar navigational technology; and
- using the Website or the Website Content other than for their intended purpose.
Such unauthorised use may also violate applicable laws, including, without limitation, copyright and trademark laws, the laws of privacy and publicity, and applicable communications legislation and regulations.
You represent and warrant that you will comply with all applicable laws and regulations, including, without limitation, those relating to the Internet, data, electronic communications, privacy, and the transmission of data exported from the Republic of South Africa, the country from which you export the data or the country in which you reside.
Registration and cancellation
Some areas of the Website may not be freely accessible. You may be asked to complete a form of registration in order to access other areas of the Website (the “Restricted Areas”).
It may be that a charge is payable to obtain access to the Restricted Areas, and if not, CAPISOL reserves the right to introduce a charge for such access at any time. If such a charge is introduced, CAPISOL may deny access to the Restricted Areas if you do not pay the relevant charges and comply with any further registration requirements that CAPISOL may, in its sole discretion, decide to introduce from time to time.
CAPISOL reserves the right to terminate your registration to the Restricted Areas and to restrict your access to the Website without notice at any time, provided that, to the extent that the exercise of such right affects your ability to receive or access any information, features or contents for which you have paid or are required to pay any consideration, CAPISOL will use its reasonable endeavours to exercise such right on notice to you.
You may cancel your registration with the Website at any time by sending an email to email@example.com.
The CAPISOL logos and any other product or service name or slogan contained in the Website are registered or unregistered trademarks of CAPISOL and our suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of CAPISOL or the applicable trademark holder.
You may not use metatags or any other HTML tags, comments or hidden text utilising “CAPISOL”, “Capisol Software (Pty) Ltd” or any other name, trademark or product or service name of CAPISOL without our prior written permission.
In addition, the look and feel of the Website (including, without limitation, all page headers, custom graphics, button icons and scripts) is the service mark, trademark and/or trade dress of CAPISOL and may not be copied, imitated or used, in whole or in part, without our prior written permission.
All other trademarks, registered trademarks, product names and company names or logos mentioned in the Website are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
You may not use a CAPISOL logo or other proprietary graphic of CAPISOL to link to this Website (or any other Website) without our express written permission. Further, you may not frame any of our trademarks, logos or other proprietary information, including the Website Content, without our express written consent.
We make no claim or representation regarding, and accept no responsibility for, directly or indirectly, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Website, or websites linking to the Website. Such websites are not under our control and we are not responsible for the contents of any linked website or any link contained in a linked website, or any review, changes or updates to such websites. We provide such links (if any) to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by us of any website or any information contained therein. When you leave the Website, you should be aware that CAPISOL’s terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Website.
Your participation, correspondence or business dealings with any third party found on or through the Website, regarding the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that we will not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.
Warranties and Undertakings
You undertake to conduct all dealings with CAPISOL and with other users of the Website with the utmost good faith and in accordance with all applicable laws.
You agree to defend, indemnify and hold us harmless, as well as our subsidiaries, affiliates, licensors, employees, agents, sponsors, third-party information providers and independent contractors, against any and all claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to your use of the Website (including, without limitation, any information you disclose in any dealings you have with any other user of the Website), your conduct, your use of or inability to use the Website, your breach or alleged breach of the Website Terms or of any representation or warranty contained herein, your unauthorised use of the Website Content, or your violation of any rights of another
Limitation of Liability
In no event shall we, our directors, members, employees or agents be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including, but not limited to, loss of use, loss of profits or loss of data, whether in an action in contract, delict (including, but not limited to, negligence) or otherwise, arising out of or in any way connected with the use of the Website, the Website Content or the materials or services contained in or accessed through the Website, including, without limitation, any damages caused by or resulting from your reliance on any information obtained from us, or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorised access to CAPISOL’s records, programs or services.
In no event shall our aggregate liability, whether in contract, warranty, delict (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the Website exceed the fees paid by you for the prior 6 months, if any, to us for access to or use of the Website.
Dispute Resolution and Governing Law
These Website Terms are governed by and will be interpreted according to the laws of the Republic of South Africa, and all disputes, claims and other matters in connection with these Website Terms will be determined in accordance with such laws.
Any dispute relating in any way to your use of the Website or the Website Content will be submitted to confidential arbitration to be held in Johannesburg under the rules of the Arbitration Foundation of Southern Africa (or its successor in title), to which arbitration you hereby consent; except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek interdictory, injunctive or other appropriate relief in any applicable court in the Republic of South Africa, and you consent to exclusive jurisdiction and venue of such courts.
The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Website Terms may be joined to an arbitration involving any other party subject to the Website Terms, whether through class arbitration proceedings or otherwise.
Notwithstanding any of these Website Terms, we reserve the right, without notice and in our sole discretion, to restrict or block your use of the Website.
Operation of the Website
CAPISOL reserves the right to suspend or terminate the operation of the Website at any time for the purposes of support and maintenance or to update the information contained on the Website or for any other reason, at the sole discretion of CAPISOL.
These Website Terms (as varied from time to time in accordance with the “Changes to Website Terms” section below) constitute the sole record of the agreement between you and us in relation to your use of the Website. Neither you nor CAPISOL will be bound by any express, tacit or implied representation, warranty, promise or the like not recorded herein. Unless otherwise specifically stated, these Website Terms supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and us in respect of your use of the Website.
Notwithstanding the foregoing, our licensors, advertisers or third-party content providers may be granted access to the Website by virtue of a separate written agreement with CAPISOL. If this applies to you, these Website Terms must be read in conjunction with such agreement, which takes precedence over these Website Terms in the event of any conflict.
Failure or neglect by us to enforce at any time any of the provisions of the Website Terms may not be construed as a waiver of our rights. Any waiver of any provision of the Website Terms will be effective only if in writing and signed by us.
If any provision of these Website Terms is found to be unenforceable, wherever possible this will not affect any other provision and each will remain in full force and effect.
Any rights not expressly granted herein are reserved.
Consumer Protection Act
Insofar as these Website Terms or any goods and/or services provided under these Website Terms are regulated by the Consumer Protection Act No 68 of 2008, as amended, replaced or re-enacted from time to time (“Consumer Protection Act”), it is not intended that any provision of these Website Terms contravenes any provision of the Consumer Protection Act and therefore all provisions of these Website Terms must be treated as being qualified, if necessary, to ensure that the provisions of the Consumer Protection Act are complied with.
Changes to Website Terms
CAPISOL reserves the right to change any of the terms and conditions contained in the Website Terms or any policy or guideline of the Website, at any time and at our sole discretion. When we make changes, we will revise the “Last Updated” date at the top of these Website Terms. Any changes will be effective immediately upon posting on the Website. Your continued use of the Website following the posting of changes will constitute your acceptance of such changes. We encourage you to review the Website Terms whenever you visit this Website.
Questions or comments about the Website or Website Terms may be directed to CAPISOL at firstname.lastname@example.org.