Disclaimer

TERMS OF USE

Use of Site

You may only use this site to browse the content and shall not use this site for any other purposes.
This site and the content provided in this site may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed. ‘Deep-linking’, ‘embedding’ or using analogous technology is strictly prohibited. Unauthorised use of this site and/or the materials contained on this site may violate applicable copyright, trademark or other intellectual property laws or other laws.

Disclaimer of Warranty

The contents of this site are provided “as is” without warranty of any kind, either expressed or implied, including but not limited to warranties of merchantability, fitness for a purpose and noninfringement.
Crickmay & Associates (PTY) Ltd, the authors of these contents and in general anybody connected to this site in any way, from now on collectively called “Providers”, assume no responsibility for errors or omissions in these contents.

The Providers further do not warrant, guarantee or make any representation regarding the safety, reliability, accuracy, correctness or completeness of these contents. The Providers shall not be liable for any direct, indirect, general, special, incidental or consequential damages (including -without limitation- data loss, lost revenues and lost profit) which may result from the inability to use or the correct or incorrect use, abuse, or misuse of these contents, even if the Providers have been informed of the possibilities of such damages. The Providers cannot assume any obligation or responsibility.
The use of these contents is forbidden in those places where the law does not allow this disclaimer to take full effect.

Our Rights

We reserve the right to:

a) modify or withdraw, temporarily or permanently, the Website (or any part of) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or

b) change these Conditions from time to time, and your continued use of the Website (or any part of) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.

c) We will use our reasonable endeavors to maintain the Website. The Website is subject to change from time to time. You will not be eligible for any compensation because you cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website due to circumstances beyond our control.

Electronic Services General Terms and Conditions


Applicable to the CLIENT (hereinafter referred to as “the client”) and Crickmay & Associates (Pty) Ltd (hereinafter referred to as “service provider”)

Upon formal approval of the client by the service provider, it will provide to the client various electronic services (“the services”) in terms of which the service provider, using its equipment, will execute on behalf of the client, instructions given to it by the client in written or electronic format.

  1. THE SERVICES RELATED TO THE USER LOGIN

1.1. Once the service provider has formally approved the client and the client has been provided by the service provider with a user login number (or security device, signature numbers, passwords, application or PIN) (“the device”), the client shall be afforded the utilisation of the services as listed below these terms and conditions and may be allowed access from time to time to other user logins (other systems containing other services) of the service provider.

1.2. Further services and user logins may be added from time to time by the service provider and it reserves the right to modify, replace or withdraw any service and/or user login at any time, for any reason whatsoever, without prior notice to the client.

1.3. For the purposes hereof a reference to “services” shall include a reference to user logins and systems offered by the service provider from time to time in terms hereof.

2. PIN AND EQUIPMENT

2.1. Should the client wish to make use of any of the systems or services where a PIN is required, it is hereby recorded that a PIN shall be allocated to the client in respect of the client’s user login. The PIN will allow the client to gain access to the services linked to the client’s user login. In this regard the client agrees to comply with all the terms and conditions in force from time to time and applicable to the service provider’s services when entering its user login number and PIN to gain access to any of the services or user logins.

2.2. The client shall provide and maintain hardware and all consumable materials required for the use of the services aforementioned. The service provider makes no representations as to the suitability of any of the client’s hardware, software or consumable materials for the use of the services.

2.3. The client agrees to make use of the services available to it after approval by the service provider of the client and the provision by the service provider of the user login number or PIN to the client in accordance with these terms and conditions.

3. CLIENT’S OBLIGATIONS

3.1. The client acknowledges that it is aware that the rendering of the services is subject to various acts and other legislation and the client undertakes to comply with all applicable legislation at all times.

3.2. The client declares and warrants that all information:

  • provided to the service provider and any information to be given in the future in terms hereof and information to be contained in each instruction processed electronically through the service, is and will be correct in all respects.
  • captured through any electronic or manual means by the service provider or agents of the service provider, shall be verified by the client and that the client will have no claims against the service provider in the event of any information being incorrect.

3.3. The client records that it shall be obliged to inform the service provider of any change in the information provided by the client and that it will have no claims against the service provider in the event of any information provided by the client to the service provider being incorrect.

3.4. The client at all times:

  • shall ensure the safekeeping and confidentiality of all devices, passwords, signature numbers and other confidential information;
  • shall ensure that the services are not used or the instructions are not issued or the relevant functions are not
    performed by anyone other than a person authorised to do so;
  • shall notify the service provider immediately on the client becoming aware that a device or password has been lost or forgotten or may have fallen into the hands of an unauthorised person;
  • will be deemed to have read, understood and applied the information displayed on any user login, system or electronic site and the client’s role in respect thereof.

3.5. The client shall not at any time:

    • cede or assign any of its rights under this agreement without the prior written consent of the service provider;
    • operate or use the service in any manner that may be prejudicial to the service provider.

4. THE SERVICE PROVIDER’S OBLIGATIONS

4.1. The service provider shall:

  • furnish the PINS to the client upon the service provider having approved the client’s utilisation of the services offered in terms hereof;
  • furnish replacement PINs to the client only upon written notice that a PIN has been lost or forgotten.

4.2. The client acknowledges that:

  • · the service provider shall neither be required to enquire into the authority of any person who uses or has used the services or the PINs, nor shall the service provider be required to enquire into the validity of any information provided by the client to it for purposes of the utilisation of the services;
  • once the service provider has received and implemented an instruction given by the client in the utilisation of the services, the client shall not be entitled to countermand or amend such instruction but shall be obliged to follow such procedures as may be prescribed by the service provider from time to time in respect of the various services.

5. COPYRIGHT

5.1. The service provider shall at all times retain its copyright in or licence to the software (including the PINs) and associated documentation, should such software and associated documentation belong to it, used in the provision of the services as well as in respect of any logos, trademarks or service marks used.

5.2. The client shall not duplicate, reproduce or in any way tamper with the software and associated documentation without the prior written consent of the service provider.

5.3. In respect of third-party software, the service provider is not a party to any licence agreement entered into by the client and the licensor and thus makes no warranties relating to such software, including without limitation, warranties relating to the suitability for a particular purpose, security features or performance. The client acknowledges that the use of such software shall be at the client’s own risk and indemnifies and holds the service provider harmless against any loss or damage which the client may suffer as a result of the use, abuse or possession of such software.

5.4. Furthermore, the client understands that the utilisation of such third-party software may be illegal in jurisdictions outside the Republic of South Africa and/or may infringe upon certain third-party intellectual property rights in such jurisdictions. The client understands that should it use any third-party software outside the boundaries of the Republic of South Africa, it shall at all times be incumbent upon the client to ascertain the legality of such use and to obtain all necessary licences and permissions from the relevant parties. The client accordingly indemnifies and holds the service provider harmless against any and all liability which it may incur in this regard.

6. DOMICILIUM AND NOTICES

6.1. The client chooses as its domicilium citandi et executandi for the purpose of legal proceedings and for the purposes of giving or sending any notice provided for or necessary in terms of this agreement, the address given in the application form.

6.2. The service provider’s address for the purposes hereof is:

Physical: Unit 5, 1st Floor, Block H, The Quarry Office Park, 400 Old Howick Road, Hilton 3245, South Africa

Postal: Postnet Suite H26, Private Bag X9118, Pietermaritzburg 3200, South Africa

Telefax: 033 3431001

Attention: The Managing Director

provided that a party may change its domicilium to any other physical address or telefax number by written notice to the other party to that effect. Such change of address will be effective seven days after receipt of notice of the change of domicilium.

6.3. All notices to be given in terms of this agreement will:

  • be given in writing;
  • be delivered or sent by telefax;
  • if delivered, be presumed to have been received on the date of delivery;
  • if sent by telefax, be presumed to have been received on the first business day following the date of sending of the telefax unless the contrary is proved.

6.4. Notwithstanding the above, any notice actually received by the party to whom the notice is addressed will be deemed to have been properly given and received, notwithstanding that such notice has not been given in accordance with the provisions of this clause.

7. INDEMNITY

7.1. The client hereby waives its rights in respect of and indemnifies the service provider against any demand, claim or action relating to or in connection with the services, whether directly or indirectly, unless such demand, claim or action arose as a direct consequence of the gross negligence or wilful misconduct of the service provider or any of its employees.

7.2. Any demand, claim or action arising against the service provider in connection with the circumstances referred to in subclause 7.1 above shall be limited to direct damages. Special or consequential damages are hereby specifically excluded.

7.3. The client indemnifies and holds the service provider harmless from:

  • all demands, claims, actions, losses and damages of whatsoever nature which may be brought against the service provider or which it may suffer or incur arising from its acting, or not acting on any instruction or arising from or out of the malfunction, failure or unavailability of any hardware, software or equipment, the loss or destruction of any data,
    power failures, corruption of storage media, natural phenomena, riots, acts of vandalism, sabotage, terrorism, any other event beyond the service provider’s control, interruption or distortion of communication links or arising from the reliance by any person on any incorrect, illegible, incomplete or inaccurate information or data contained in any
    instructions received by the service provider;
  • any loss or damage that may arise from the use, misuse, abuse or possession of any third-party software, including without limitation, any operating system software, browser software or any other software packages or programs; any unauthorised access to the client’s accounts or any breach of security or any destruction or accessing of the client’s data or any destruction or theft of or damage to any of the client’s equipment;
  • any loss or damage occasioned by the failure to adhere to any terms and conditions applicable to the services and/or by the supplying of incorrect information or loss or damage occasioned by the failure or unavailability of third-party facilities or systems or the inability of a third party to process a transaction.

8. GENERAL

8.1. These terms and conditions govern the relationship between the client and the service provider in respect of the services.
Should there, however, be a conflict between the provisions hereof and the provisions of any agreement relating to a specific service utilised by the client, then the provisions of that agreement insofar as they conflict with the provisions hereof only will take precedence.

8.2. Notwithstanding the aforegoing terms and conditions, the client acknowledges and accepts that the service provider may from time to time amend such terms and conditions insofar as they relate to the use by the client of the services. In pursuance of the aforegoing the client confirms that: it is aware that all such changes shall be reflected in the terms and conditions published on the service provider’s internet site;

  • by entering the client’s user login and PIN or security device to gain access to the services, the client binds itself to the terms and conditions in force at that point in time as they may appear on the service provider’s internet site.

8.3. In this agreement, unless expressly indicated otherwise:

  • the singular shall include the plural and vice versa;
  • natural persons shall include created entities, whether incorporated or not.

8.4. This agreement shall be interpreted in accordance with and governed by the laws of the Republic of South Africa,
notwithstanding the fact that any instruction emanated from outside the borders of the Republic of South Africa.

9. BREACH

  1. Should the client breach any term or fail to perform any of its obligations in terms of this or any other agreement which it may have with the service provider, the service provider shall be entitled, without notice, to cancel this agreement and withdraw the services with immediate effect, without prejudice to its rights to recover:

9.1. any loss or damage suffered by the service provider as a consequence of the breach by the client of any term of this agreement or the cancellation of this agreement or the withdrawal of the services.

10. DISPUTE

10.1. Should any dispute arise at any time between the service provider and the client relating to any matter arising out of any use of the services, such dispute shall be finally resolved in accordance with the rules of the Arbitration Foundation of South Africa by an arbitrator or arbitrators appointed by that foundation. The client agrees that in pursuance hereof, either the client or the service provider may demand that a dispute be referred to arbitration by giving written notice to that effect to the other party.

10.2. This clause shall not preclude the client or the service provider from obtaining interim relief on an urgent basis from a court with competent jurisdiction pending the decision of the arbitrator.

10.3. The arbitration referred to herein shall be held at Pietermaritzburg in the English language and shall be held immediately with a view to be completed within 21 (twenty-one) days after it is demanded. The client irrevocably agrees that the decision of the arbitrator in the arbitration proceedings:

  • shall be final and binding on it;
  • shall be carried into effect;
  • and may be made an order of court of competent jurisdiction.

10.4. This clause 10 is severable from the rest of the terms and conditions and shall remain valid and binding on the client notwithstanding any cancellation by the client of its electronic services with the service provider or any withdrawal by the service provider of the services or any of them.

11.  TERMINATION
Notwithstanding anything contained above, the agreement may be terminated at any time by the service provider or the client on having given such notice as may be required in respect of each service utilised, except that in the event of any change in any law or the application thereof, which would have the effect of prejudicing the service provider should it continue with the rendering of any service, the service provider shall be entitled to terminate the agreement on 48 (forty-eight) hours’ written notice to the client.

Privacy Policy

Protecting the individual’s privacy on the Internet is crucial to the future of Internet-based business and the move toward a true Internet economy. Crickmay & Associates (PTY) Ltd has created this privacy statement to demonstrate our firm commitment to secure and trustworthy Internet commerce and the individual’s right to privacy. By using this Web site, you consent to the collection and use of the information as described here. If we decide to make changes to this privacy policy, we will post the changes on this page so that you will always know what information we collect, and how we use it.

All the information gathered in the online forms on the website is used to personally identify users that subscribe to this service. The information will not be used for anything other that which is stated in the Terms & Conditions of use for this service. None of the information will be sold or made available to anyone.

The Site may collect certain information about your visit, such as the name of the Internet service provider and the Internet Protocol (IP) address through which you access the Internet; the date and time you access the Site; the pages that you access while at the Site and the Internet address of the Web site from which you linked directly to our site. This information is used to help improve the Site, analyse trends, and administer the Site. We may need to change this policy from time to time in order to address new issues and reflect changes on our site. We will post those changes here so that you will always know what information we gather, how we might use that information, and whether we will disclose that information to anyone. Please refer back to this policy regularly. If you have any questions or concerns about our privacy policy, please send us an E-mail at enquiries@crickmay.co.za.

By using this website, you signify your acceptance of our Privacy Policy. If you do not agree to this policy, please do not use our site. Your continued use of the website following the posting of changes to these terms will mean that you accept those changes.

Cookie/Tracking Technology

The Site may use cookie and tracking technology depending on the features offered. Cookie and tracking technology are useful for gathering information such as browser type and operating system, tracking the number of visitors to the Site, and understanding how visitors use the Site. Cookies can also help customize the Site for visitors. Personal information cannot be collected via cookies and other tracking technology; however, if you previously provided personally identifiable information, cookies may be tied to such information.

Aggregate cookie and tracking information may be shared with third parties.

Third Party Links

In an attempt to provide increased value to our Users, we may provide links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.

Monitoring

We have the right, but not the obligation, to monitor any activity and content associated with the Website. We may investigate any reported violation of these Conditions or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the Website).

Law

The Conditions will be exclusively governed by and construed in accordance with the laws of South Africa whose Courts will have exclusive jurisdiction in any dispute, save that we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions.

Contact Details

Physical Address: Unit 5, 1st Floor, Block H, The Quarry Office Park, 400 Old Howick Road, Hilton 3245, South Africa

Postal Address: Postnet Suite H26, Private Bag X9118, Pietermaritzburg 3200, South AfricaEmail address: enquiries@crickmay.co.za

Phone numbers: Tel: +27 (0)33 343 1007

Fax numbers: Fax: +27 (0)33 343 1001

Terms of Use

Use of Site

You may only use this site to browse the content and shall not use this site for any other purposes. This site and the content provided in this site may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed. ‘Deep-linking’, ‘embedding’ or using analogous technology is strictly prohibited. Unauthorised use of this site and/or the materials contained on this site may violate applicable copyright, trademark or other intellectual property laws or other laws.

Disclaimer of Warranty

The contents of this site are provided “as is” without warranty of any kind, either expressed or implied, including but not limited to warranties of merchantability, fitness for a purpose and non-infringement.

Crickmay & Associates (PTY) Ltd, the authors of these contents and in general anybody connected to this site in any way, from now on collectively called “Providers”, assume no responsibility for errors or omissions in these contents.

The Providers further do not warrant, guarantee or make any representation regarding the safety, reliability, accuracy, correctness or completeness of these contents. The Providers shall not be liable for any direct, indirect, general, special, incidental or consequential damages (including -without limitation- data loss, lost revenues and lost profit) which may result from the inability to use or the correct or incorrect use, abuse, or misuse of these contents, even if the Providers have been informed of the possibilities of such damages. The Providers cannot assume any obligation or responsibility.

The use of these contents is forbidden in those places where the law does not allow this disclaimer to take full effect.

Our Rights

We reserve the right to:

  • modify or withdraw, temporarily or permanently, the Website (or any part of) with or without notice to you and you confirm that we shall not be liable to you or any third party
    for any modification to or withdrawal of the Website; and/or
  • change these Conditions from time to time, and your continued use of the Website (or any part of) following such change shall be deemed to be your acceptance of such change. It is
    your responsibility to check regularly to determine whether the Conditions have been
    changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.
  • We will use our reasonable endeavors to maintain the Website. The Website is subject to change from time to time. You will not be eligible for any compensation because you cannot
    use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website due to circumstances beyond our control.


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