Privacy Policy and Disclaimer

THESE TERMS AND CONDITIONS ARE BINDING AND ENFORCEABLE AGAINST ALL PERSONS THAT ACCESS THE CL SERVICES WEBSITE OR ANY PART THEREOF (THE CLS WEBSITE) IN TERMS OF SECTION 11(3) OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS (ECT) ACT 25 OF 2002.

IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS YOU MUST LEAVE THE CLS WEBSITE immediately, AS FURTHER USE WILL AUTOMATICALLY BIND YOU TO THESE TERMS AND CONDITIONS.
       

 

1.  ALLOWED USE AND LICENSE

1.1  CLS licenses the User to view, download and print the content of the CLS website, provided that such content is used for personal, educational and/or non-commercial purposes only;

 

1.2  Content from the CLS website shall not be used or exploited by Users for any commercial and non-private purposes without the prior written consent of CLS;

 

1.3  If any User uses content from the CLS website in breach of the provisions detailed herein:

    1.3.1  CLS reserves the right to claim damages from the User;

    1.3.2  CLS reserves the right to institute criminal proceedings against the User; and

    1.3.3  CLS shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of such content by the User or any third party who obtained any content from the User.

 

1.4  Hyperlinks to the CLS website from any other source shall be directed at the home page of the CLS website. CLS shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of content from the CLS website, if such content was accessed through a hyperlink not directed at the home page of the CLS website. Persons that wish to link to content beyond the home page of the CLS website shall do so at their own risk and indemnify CLS against any loss, liability or damage that may result from the use of content from the CLS website, if such content was accessed through a hyperlink not directed at the home page of the CLS website;

 

1.5  No person may frame the CLS website, in any manner whatsoever, without the prior written consent of CLS;

 

1.6  Apart from bona-fide search engine operators and use of the search facility provided on the CLS website by Users, no person may use or attempt to use any technology or applications (including web crawlers or web spiders) to search or copy content from the CLS website for any purposes, without the prior written consent of CLS; and

 

1.7  All licenses and/or permissions granted in terms of this clause 2 are provided on a non-exclusive and non-transferable basis and may be terminated or cancelled by CLS at any time without giving reasons therefore.

 

2.  INTELLECTUAL PROPERTY RIGHTS AND DOMAIN NAME USE

All intellectual property on the CLS website, including but not limited to content, trademarks, domain names, patents, design elements, software, databases, text, graphics, icons and hyperlinks are the property of or licensed to CLS and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights licensed to the User in clause 2, all other rights to intellectual property on the CLS website are expressly reserved.

 

3.  SOFTWARE AND EQUIPMENT

It is the responsibility of the User to acquire and maintain, at his/her own expense, the computer hardware, software, lines and access accounts required to access the Internet and the CLS website and/or download content from this website.

 

4.  CHANGES AND AMENDMENTS

CLS expressly reserves the right, in its sole and absolute discretion, to do any of the following, at any time without prior notice:

    4.1  change these terms and conditions;

    4.2  change the content and/or services available from the CLS website;

    4.3  discontinue any aspect of the CLS website or service(s) available from the CLS website; and/or

    4.4  change the software and hardware required to access and use the CLS website.

 

5.  PRIVACY

5.1  CLS shall take all reasonable steps to protect the personal information of Users and for the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA);

 

5.2  CLS may electronically collect, store and use, amongst other, the following personal information of Users:

    5.2.1  name and surname;

    5.2.2  contact details;

    5.2.3  non-personal browsing habits and click patterns;

    5.2.4  email address; and

    5.2.5  IP address.

 

5.3  CLS collects, stores and uses the abovementioned information for the following purposes:

    5.3.1  communicate requested information to the User;

    5.3.2  newsletter database;

    5.3.3  registration and / or authentication of Users; and

    5.3.4  to compile non-personal statistical information about browsing habits, click-patterns and access to the CLS website;

 

5.4  Information detailed above is collected either electronically by using cookies or is provided voluntarily by the User. Users may determine cookie use independently through their browser settings;

 

6.  HYPERLINKS TO THIRD PARTY SITES

6.1  CLS may provide hyperlinks to websites not controlled by CLS (target sites) and such links do not imply any endorsement, agreement on or support for the content of such target sites; and

 

6.2  CLS does not editorially control the content on such target sites and shall not be liable, in any manner whatsoever, for the access to, inability to access or content available on or through such target sites.

 

7.  SECURITY

7.1  CLS shall take all reasonable steps to secure the content of the CLS website and the information provided by and collected from Users from unauthorised access and/or disclosure. However, CLS does not make any warranties or representations that content shall be 100% safe and secure;

 

7.2  CLS is under no legal duty to encrypt any content or communications from and to the CLS website and is also under no legal duty to provide digital authentication of any page on the CLS website;

 

7.3  Users may not deliver or attempt to deliver, whether on purpose or negligently, any damaging code, such as computer viruses, to the CLS website or the server and computer network that support the CLS website;

 

7.4  Notwithstanding criminal prosecution, any person who delivers any damaging code to the CLS website, whether on purpose or negligently, shall, without any limitation, indemnify and hold CLS harmless against any and all liability, damages and losses CLS and its partners / affiliates may suffer as a result of such damaging code;

 

7.5  Users may not develop, distribute or use any device to breach or overcome the security measures of the CLS website and CLS reserves the right to claim damages any and all persons concerned with a security failure or breach; and

 

7.6  Any User who commits any of the offences detailed in sections 85 to 88 of the ECT Act shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by CLS and its partners / affiliates.

 

8.  DISCLAIMER AND LIMITATION OF LIABILITY

8.1  Subject to the provisions of sections 43(5) and 43(6) of the ECT Act, if applicable, and as far as allowed by law, CLS (including its owners, directors, employees, suppliers, Internet service providers, partners, affiliates and agents) shall not be liable for any damage, loss or liability of any nature incurred by whomever and resulting from:

    8.1.1  access to the CLS website;

    8.1.2  access to websites linked to the CLS website;

    8.1.3  inability to access the CLS website;

    8.1.4  inability to access websites linked to the CLS website;

    8.1.5  content available on the CLS website;

    8.1.6  services available from the CLS website;

    8.1.7  downloads and use of content from the CLS website; or

    8.1.8  any other reason not directly related to CLS’s gross negligence.

8.2  The CLS website is supplied on an "as is" basis and has not been compiled to meet the User's individual requirements. It is the responsibility of the User to satisfy himself or herself, prior to entering into this agreement with CLS, that the content available from and through the CLS website meets the User's individual requirements and is compatible with the User's computer hardware and/or software;

 

8.3  CLS does not make any warranties or representations that content and services available from the CLS website will in all cases be true, correct or free from any errors. CLS shall take all reasonable steps to ensure the quality and accuracy of content available from the CLS website and encourage Users to report incorrect and untrue information subject to the right of CLS to rely on its free expression rights and determine, in its sole and absolute discretion, the contents of this website; and

 

8.4  CLS does not make any warranties or representations that the CLS website shall be available at all times. Users acknowledge that the CLS website may be unavailable due to updates or other causes beyond the reasonable control of CLS, including, but not limited to virus infection, unauthorised access, power failure or other “acts of God.”

 

9.  REMOVAL AND CORRECTION OF CONTENT

Users are encouraged to report untrue, inaccurate, defamatory, illegal, infringing and/or harmful content available from the CLS website to CLS and CLS undertakes to correct and/or remove such content or any part thereof if the person reporting such content provided reasonable grounds to prove the alleged nature of the content

 

10.  INTERCEPTION OF COMMUNICATIONS

10.1  Subject to the provisions of the Regulation of Interception of Communications (RIC) Act 70 of 2002, the User agrees to CLS’ right to intercept, block, filter, read, delete, disclose and use all communications sent or posted by the User to the CLS website, its staff and employees; and

 

10.2  The User agrees and acknowledges that the consent provided by the User in clause 12.1 satisfies the “writing” requirement as detailed in the ECT Act and the RIC Act.

 

11.  ENTIRE AGREEMENT AND SEVERABILITY

11.1  These terms and conditions constitute the entire agreement between CLS and the User and shall take precedence over any disclaimers and/or legal notices attached to any communications and/or postings received by CLS from the User;

 

11.2  Any failure by CLS to exercise or enforce any right or provision shall in no way constitute a waiver of such right or provision; and

 

11.3  In the event that any term or condition detailed herein is found unenforceable or invalid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall remain enforceable and applicable.

 

12.  APPLICABLE AND GOVERNING LAW

Subject to clause 5.5, the CLS website is hosted, controlled and operated from the Republic of South Africa and therefore the South African law enforced by the South African courts governs the use or inability to use the CLS website, its content, services and these terms and conditions.

 

13.  LEGAL COSTS

CLS shall not be liable for costs incurred by Users to obtain professional advice relating to these terms and conditions.