Thank
you for visiting our website. Before you go any further it is important that you
read and understand the conditions under which you'll use the site.
Acceptance
These conditions become effective when you access the
site for the first time and constitute a binding agreement between us First
Technology (Pty) Ltd and yourself, which will always prevail. The current
version of these conditions will govern our respective rights and obligations
each time you access this site.
Online services
Our online products and services (online services) are
subject to registration procedures and approvals, which we may accept or reject
at our sole discretion.
These online services are governed by separate terms and
conditions (service terms) that are available on the relevant sections of this
site where the online services are provided. In the event of conflict between
these conditions and the service terms, the provisions of the service terms will
apply.
Nature of information on the site
All information on this site is only intended to provide
you with general information about us, our products, services and objectives.
Nothing on this site should be treated as an offer but merely as an invitation
to do business with us.
All information is provided "as is" and should not be
treated as professional or expert advice of any kind. You should consult your
own professional advisors before relying on any information on this site.
Your privacy and security
Our commitment to your privacy and the security of your
personal information is outlined in our privacy and security statement.
Amendments to these conditions
We may amend these conditions from time to time. By
accessing this site you are bound to the version of the conditions published
here at the time of any visit to this site. You agree to view the current
version each time you access the site.
A certificate signed by the administrator responsible for
maintaining this site will be prima facie proof of the date of publication and
content of the current version and all previous versions of the
conditions.
Information Needs
We may use the services of other organisations to provide
information on the site. We have no control over this information and make no
representations or warranties of any nature as to its accuracy, appropriateness
or correctness. You agree that such information is provided "as is" and we will
not be directly or indirectly liable for any damages that may arise from your
reliance on it.
All quotes, news, market information or data shown on the
site by way of live information feeds are delayed by at least 15 minutes unless
otherwise stated. You should always select the "refresh" or similar page update
function on your Internet browser to ensure that the information you are viewing
is the most current.
Linked third party sites
This site may contain links to other websites with
information and material produced by other parties. While we try to provide
links only to reputable websites, we cannot accept responsibility or liability
for the information provided on other websites. A link from our site to any
other website does not mean that we have scrutinised or endorsed the owners or
administrators of the websites or their business or security practices and
operations.
Permission for hyperlinks, deep linking, crawlers and
metatags
Nobody may establish a hyperlink, frame, metatag or
similar reference, whether electronically or otherwise (collectively referred to
as linking), to this site or any subsidiary pages before receiving our prior
written approval, which may be withheld or granted subject to the conditions we
specify from time to time.
An application for linking must be submitted to
info@firsttech.co.za. Once received we will do our best to respond and enter
into further discussions with you. If you don't get a written response from us
within five business days, consider your request as having been rejected.
Breach of these conditions entitles us to take legal
action without prior notice to you and you agree to reimburse the costs
associated with such legal action to us on an attorney and own client
scale.
Our intellectual property
We retain all copyright and other intellectual property
rights in all material, including logos and other graphics and multimedia works
published on or via the site. You are authorised to view and download one copy
to a local hard drive or disk, print and make copies of such printouts, provided
that:
- the material is used for considering use of the online
services and for no other commercial purposes;
- any reproduction of our proprietary material from this
site or portion of it must include our copyright notice in its entirety.
The logos and trademarks shown on this site are our
registered and unregistered trademarks or that of third parties. Nothing on this
site should be construed as granting any licence or right to use any trademark
without our prior written permission and/or that of third parties, as the case
may be. You may not, without our prior written permission, use our intellectual
property or that of third parties for any other purposes. An application to use
our intellectual property must be submitted to info@firsttech.co.za. Upon
receiving your application we will do our best to respond and enter into further
discussions with you. If you don't get a written response from us within five
business days, consider your request as having been rejected.
Irrespective of the existence of copyright, you
acknowledge that we are the proprietor of all material on the site, whether it
constitutes confidential information or not, and that you have no right, title
or interest in any such material.
Software
You are required to use and maintain hardware and
software of sufficient quality and performance capability and to use only the
latest versions of Microsoft Internet Explorer and Netscape browsers. Your
failure to use these browsers may result in a higher security risk and/or cause
some or all of the functionality of the site not to operate properly or at all.
Software, if any, made available for download on or via
our site is governed by licence conditions that establish a legal relationship
with the licensor. You indemnify us against any breach of these licence
conditions. We give no warranty and make no representation, whether express or
implied, as to the quality or fitness for purpose of the use of such software.
NO WARRANTY, WHETHER EXPRESS OR IMPLIED, IS GIVEN THAT
ANY FILES, DOWNLOADS OR APPLICATIONS AVAILABLE VIA THIS SITE ARE FREE OF
VIRUSES, TROJANS, BOMBS, TIME-LOCKS OR ANY OTHER DATA OR CODE WHICH HAS THE
ABILITY TO CORRUPT OR AFFECT THE OPERATION OF YOUR COMPUTER, DATABASE, NETWORK
OR OTHER INFORMATION SYSTEM.
Transmission of information
Information transmitted via an unsecured link over the
Internet, including email, is susceptible to potential unlawful access,
distortion or monitoring. The measures we have taken to limit these risks are
outlined in our privacy and security statement. As we do not have the ability to
prevent unlawful activities by unscrupulous persons, you accept that we cannot
be held liable for any loss, harm or damage suffered by you as a result. To
limit these risks, we may request independent verification of any information
transmitted by you via the site or email from time to time.
Termination, suspension and limitation
We may modify, suspend or discontinue the site, whether
temporarily or permanently, without notice. We may also impose limits or
conditions on the right to certain services, features or functions and we may
restrict access to parts of or all of the services on the site.
No warranties or representations
We do not warrant that the site or online services will
be error-free or will meet any particular criteria of accuracy, completeness or
reliability of information, performance or quality.
We expressly disclaim all implied warranties, including,
without limitation, warranties of merchantability, title, fitness for a
particular purpose, year 2000-compliance, non-infringement, compatibility,
security and accuracy. DISCLAIMER AND LIMITATION OF LIABILITY
ALTHOUGH WE HAVE TAKEN CARE TO ENSURE THAT THE CONTENT ON
THIS SITE IS ACCURATE AND THAT YOU SUFFER NO LOSS OR DAMAGE AS A RESULT OF YOUR
USE OF THIS SITE, THIS SITE AND THE ONLINE SERVICES ARE PROVIDED "AS IS".
USE OF THIS SITE AND THE ONLINE SERVICES IS ENTIRELY AT
YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY FOR THE RISK OR LOSS RESULTING
FROM YOUR USE OF THIS SITE AND YOUR RELIANCE ON THE MATERIAL AND INFORMATION
CONTAINED ON IT.
WE AND OUR AFFILIATES, SHAREHOLDERS, AGENTS, CONSULTANTS
OR EMPLOYEES ARE NOT LIABLE FOR ANY DAMAGES WHATSOEVER RELATING TO YOUR USE OF
THIS SITE OR THE ONLINE SERVICES OR THE INFORMATION CONTAINED ON THIS SITE OR
YOUR INABILITY TO USE THIS SITE OR THE ONLINE SERVICES. THIS INCLUDES, WITHOUT
LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE
DAMAGES, WHETHER ARISING OUT OF CONTRACT, STATUTE, DELICT OR OTHERWISE AND
REGARDLESS OF WHETHER WE WERE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH LOSS
OR DAMAGE.
WITHOUT DEROGATING FROM THE GENERALITY OF THE ABOVE, WE
WILL NOT BE LIABLE FOR:
- ANY INTERRUPTION, MALFUNCTION, DOWNTIME OR OTHER FAILURE
OF THE SITE OR ONLINE SERVICES, OUR SYSTEM, DATABASES OR ANY OF ITS COMPONENTS,
FOR WHATEVER REASON;
- ANY LOSS OR DAMAGE ARISING FROM YOUR ORDERS, INVESTMENT
DECISIONS, PURCHASES OR DISPOSAL OF GOODS AND SERVICES, INCLUDING FINANCIAL
INSTRUMENT(S) OR CURRENCY, FROM THIRD PARTIES, BASED ON THE INFORMATION PROVIDED
ON THIS SITE;
- ANY LOSS OR DAMAGE WITH REGARD TO CUSTOMER DATA OR OTHER
DATA DIRECTLY OR INDIRECTLY CAUSED BY MALFUNCTION OF OUR SYSTEM, THIRD PARTY
SYSTEMS, POWER FAILURES, UNLAWFUL ACCESS TO OR THEFT OF DATA, COMPUTER VIRUSES
OR DESTRUCTIVE CODE ON OUR SYSTEM OR THIRD PARTY SYSTEMS; PROGRAMMING DEFECTS;
NEGLIGENCE ON OUR PART OR CAUSED BY THE YEAR 2000 COMPUTER PROBLEM;
- ANY INTERRUPTION, MALFUNCTION, DOWNTIME OR OTHER FAILURE
OF GOODS OR SERVICES PROVIDED BY THIRD PARTIES, INCLUDING, WITHOUT LIMITATION,
THIRD PARTY SYSTEMS SUCH AS THE PUBLIC SWITCHED TELECOMMUNICATION SERVICE
PROVIDERS (CURRENTLY TELKOM), INTERNET SERVICE PROVIDERS, ELECTRICITY SUPPLIERS
(CURRENTLY ESKOM), LOCAL AUTHORITIES AND CERTIFICATION AUTHORITIES;
- ANY EVENT OVER WHICH WE HAVE NO DIRECT CONTROL.
How disputes will be resolved
Subject to the relevant service terms, all disputes
arising as a result of your use of the site or on the interpretation of these
conditions or on any matter which in terms of the conditions requires agreement
by the parties, (other than where an interdict is sought or urgent relief may be
obtained from a court of competent jurisdiction), will be submitted to and
decided by arbitration.
That arbitration will be held with only the parties and
their representatives present at the offices of the Arbitration Foundation of
Southern Africa, Sandton, Gauteng, South Africa. The arbitration will be
governed by the rules of the Arbitration Foundation in terms of South African
law and will be heard by an arbitrator or arbitrators appointed by the
foundation.
Either party will be entitled to have the award made an
order of court of competent jurisdiction. The parties will keep the evidence in
the arbitration proceedings and any order made by any arbitrator confidential
unless otherwise contemplated. The arbitrator will have the power to give
default judgement if any party fails to make submissions on due date and/or
fails to appear at the arbitration.
Capacity to enter into agreements
You hereby warrant to us that you have the required legal
capacity to enter into and be bound by contractual terms. Minors must be
assisted by their legal guardians when reading these conditions. If you are
unsure whether you have the legal capacity to enter into agreements, contact
someone able to provide you with this information before you continue using this
site.
Our address for notices and service of legal
process Our chosen address for any legal notice is: The Chief Executive
Officer 43 Monte Carlo Crescent Kyalami Business Park Kyalami Gauteng
The law governing our relationship
The conditions will be governed and construed in
accordance with the law of the Republic of South Africa without reference to any
conflict of law provisions.
General provisions
The headings of the clauses in the conditions are
provided for convenience and ease of reference only and will not be used to
interpret, modify or amplify the terms of the conditions.
Where any dates or times need to be calculated in terms
of the conditions, the international standard time: GMT plus two hours shall be
used.
No failure or delay by us to exercise any of our rights
will be construed as a waiver of any such right, whether this is done expressly
or implied, nor will it affect the validity of any part these conditions or
prejudice our right to take subsequent action against you.
If
any of these terms, conditions or provisions are held to be invalid, unlawful or
unenforceable; the term, condition or provision will be deleted from the
remaining terms, conditions and provisions which will continue to be valid to
the full extent permitted by law.
If you have any questions or do not
understand anything in these conditions please send an email to
info@firsttech.co.za and we will respond to you as soon as possible.
