THE
USE OF THIS WEBSITE IS GOVERNED BY THE TERMS AND CONDITIONS STIPULATED BELOW.
BY USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS,
INCLUDING ANY PRIVACY STATEMENTS.
1. Definitions and Interpretation
1.1. ”COGNIPLEX” means Cogniplex (Pty) Ltd (Reg No
2016/390508/07), a privately owned company registered in South Africa.
1.2.
“You” or the “user” means any person who accesses this Website for any purpose.
1.3.
“Website” means the website of Cogniplex at URL www.cogniplex.co.za or such other URL as
Cogniplex may choose from time to time.
2. Use Subject to these Terms and Conditions
2.1.
Your access, browsing and use of this website is governed by these terms and
conditions. By accessing and browsing this website you agree that you will be
bound by these terms and conditions regardless of the time spent visiting this
website or date first accessed.
2.2.
If you do not agree to these terms and conditions, you must immediately cease
your browsing of this website. By continuing to browse or use the website after
any amended terms and conditions become effective, you agree to be bound by the
amended terms and conditions.
2.3. These terms and conditions include Cogniplex’s Privacy
Statement, governing Cogniplex’s processing of any personal
information which may be provided to it through the use of this
website.
2.4. Due to legal and other developments, Cogniplex reserves the right to amend
these Terms and Conditions at any time.
3. Content
3.1.
All information accessed or browsed using this website is provided “as is”.
3.2. While Cogniplex shall endeavour to ensure that all material published on
the website is accurate at the time of its publication, it gives no warrantees
as to the accuracy of the
information and the information does not represent legal advice. Your use of
the information is entirely at your own risk and no liability will arise
against Cogniplex resulting
from your browsing the website or using the information provided on the
website.
3.3. Cogniplex does not warrant that this website or the delivery, hosting and
ancillary services or facilities of third-party suppliers utilised by Cogniplex
will continue to operate, will operate without interruptions or will be
error-free or that it will be free of any software virus or other harmful
component.
3.4. You will be entirely responsible for any resulting damage to software or
computer systems and/or any resulting loss of data caused as a result of any use
of this website.
4. Third Party Sites
4.1.
The website contains hyperlinks to websites owned and / or operated by third
parties. Cogniplex is not responsible for the content of such websites, and
does not endorse or approve the contents thereof. The fact that a website is
linked to this website does not imply that Cogniplex sponsors, endorses or is
affiliated or associated with the entity that owns or is responsible for the
website. Consequently Cogniplex is not liable for the
operation and content of any third party websites that may be linked to this
Website (regardless of whether or not a link has been permitted by Cogniplex).
5. Intellectual Property
5.1.
Unless expressly otherwise stated, all intellectual property presented on the
Cogniplex website, including but not limited to content, trademarks, logos,
pictures, video, downloads, domain names, patents, design elements, software,
source code, meta tags, databases, text, graphics, icons are the exclusive
property of or licensed to Cogniplex and as such, are protected from
infringement by domestic and international legislation and
treaties.
5.2
For the prevention of doubt Cogniplex hereby expressly clarifies that unless
otherwise stated, we do not claim to own any of the rights of material or intellectual
property hosted on other 3rd party websites (such as Youtube.com) to
which we may link from time to time. Any and all such rights entirely reside
with the respective owners thereof. Any such material is displayed
based on relevance and interest of our readers, and is made accessible free of
charge. Should you be the rightful owner of material linked to, and wish to
have such link removed, please contact us on contact facility provided on
our website indicating “Remove link”.
5.3
No person may use logos, icons, or trade marks from the Cogniplex website as
hyperlinks or other purposes without Cogniplex’s prior written
consent.
5.3
The contents of this website may not be transmitted, transcribed, reproduced,
stored or translated into any other form without the prior written permission
of Cogniplex.
5.3.
No other use of this website is permitted. Enquiries in this regard
may be made via contact facility provided on our website.
6. Linking, Framing and Crawling
6.1.
The prior written authority of Cogniplex is required before any hyperlink is
created. Authority, if granted, will be subject to the condition that the party
linking to this Website alerts users to the application of these terms and
conditions. Requests for authority can be emailed via the contact facility
provided on our website.
6.2. Permission to link to this website will be granted strictly without the
assumption of any liability on the part of Cogniplex. Cogniplex reserves the
right to withdraw permission granted to link to this Website at any time in the
entire discretion of Cogniplex’s Information Officer.
6.3. The prior written authority of Cogniplex, which may be subject to
conditions, is required before this website, any of its pages and/or any of the
information contained on the website is framed. Requests for authority can be
emailed via the contact facility provided on our website.
6.4. Save for the use of bona-fide search engine and the search facility
provided on the website for 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 Website for any purpose without the prior written consent
of Cogniplex.
7. Security
7.1.
Any person who in any manner interferes with the data or information displayed
on this website in any way which causes it to be modified, destroyed or
otherwise rendered
ineffective or inaccurate, acts contrary to the provisions of the Electronic
Communications and Transactions Act 25 of 2002 and is guilty of an offence.
7.2. Any person who in any manner interferes with any third party’s access to
this website or denies access to the website, whether partial or absolute, is
guilty of an offence in terms of the Electronic Communications and Transactions
Act 25 of 2002, or as may be amended from time to time.
7.3. Any attempt to commit or aid and abet someone in the commission of the
offences referred to in 7.1 and 7.2 is guilty of an offence in terms of the
Electronic Communications and Transactions Act 25 of 2002.
7.4. Cogniplex will, as it may be advised, cause the prosecution of
any person who is guilty of an offence described in 7.1 and 7.2.
7.5. Cogniplex will, as it may be advised, institute appropriate action to
obtain relief against the perpetrator of the actions contemplated in 7.1, 7.2
and 7.3, with a view to recovering any damages that it may suffer and to
protect Cogniplex website against defacement, unauthorised amendment of content
and disruption of the use of the website.
7.6. While Cogniplex will take appropriate and reasonable security precautions
to protect the website against abuse by third parties, by accessing and
browsing this website you accept that no liability will lie against Cogniplex
for any damages caused to you by the malicious interference with the operation
of this website, and/or any destructive data or code that may be communicated
to computers or information systems used by you as a result of your access and
browsing of the website.
8. Personal Information
8.1.
The processing of all personal information by Cogniplex is governed
by Cogniplex’s Privacy Policy.
8.2. Any personal information which may be provided to Cogniplex through this
Website will be processed in accordance with the Protection of Personal Information
Act 4 of 2013. Details of the processing of personal information are contained
in Cogniplex’s Privacy Policy. The processing of personal information
which may be collected through interactive communications facilitated by this
website, are subject to the Privacy Statement published on this
website.
9. Disclaimer and Indemnity
9.1.
Cogniplex expressly disclaims all liability for any direct, indirect or
consequential loss or damage occasioned by your accessing and browsing of the
website or your inability to access and browse this Website, or whether caused
directly or indirectly by inaccuracies, defects, errors (whether typographical
or otherwise), omissions, out of date information or for any other reason, even
if such loss was reasonably foreseeable and Cogniplex had been advised of the
possibility of the loss occurring.
9.2. You agree to indemnify and hold harmless Cogniplex, its servants,
subcontractors, subsidiaries and affiliates from any demand, action or
application or other proceedings, including for attorney's fees and related
costs such as tracing fees, made by any third party and arising out of or in
connection with the your use of or access, browsing or
use of this website.
10. Jurisdiction
10.1.
These terms and conditions are governed by and construed in accordance with the
law of the Republic of South Africa; you and Cogniplex both agree to submit any
dispute arising out of the use of this website to the exclusive jurisdiction of
the courts of the Republic of South Africa.
11. General
11.1.
These terms and conditions record the entire agreement between you and
Cogniplex in respect of your access, browsing and use of the website.
11.2. If any provision of these terms and conditions is found to be invalid by
any court having competent jurisdiction, the invalidity of that provision will
not affect the validity of the
remaining provisions which will remain in full force and effect.
11.3. Cogniplex's omission to exercise any right under these terms
and conditions will not constitute a waiver of any such right unless expressly
accepted by Cogniplex in writing.
11.4. Notwithstanding the fact that hyperlinks in these terms and conditions to
certain documents should be deemed part of these terms and conditions in terms
of section 11 of the Electronic Communications and Transactions Act 25 of 2002,
the fact that some or all of the hyperlinks may be non-operational, will not
play a role in determination of the validity and interpretation of these terms
and conditions.
Last updated: 6 March 2024.
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