Terms and Conditions
Terms and conditions for the use of this website
THESE TERMS AND CONDITIONS ARE BINDING AND ENFORCEABLE AGAINST ALL PERSONS THAT ACCESS THE Clearpath WEBSITES, FORUM OR PORTAL OR ANY PART THEREOF (THE Clearpath WEBSITE) IN TERMS OF SECTION 11 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 Clearpath WEBSITE NOW, AS FURTHER USE WILL AUTOMATICALLY BIND YOU TO THESE TERMS AND CONDITIONS.
DEFINITIONS AND INTERPRETATION
a) “Clearpath website” and “Clearpath websites” means the Clearpath sites located at https://clearpath.co.za and includes any part or element thereof, including the forum and portal
b) “User” means any person who enters or uses the Clearpath websites, notwithstanding the fact that such a person only visited the home page of the relevant Clearpath websites;
c) References herein to the singular includes the plural and vice versa; and
d) Notwithstanding the fact that hyperlinks in these terms and conditions to copyright notices and legislation should be deemed part of these terms and conditions in terms of section 11 of the ECT Act, the fact that some or all of the hyperlinks may be non-operational, shall not play a role in the determination of the validity and interpretation of these terms and conditions.
World Focus 560 CC t/a Clearpath is a privately held Close Corporation incorporated in South Africa.
2. ALLOWED USE AND LICENCE
2.1 Clearpath licenses the User to view, download and print the content of the Clearpath website, provided that such content is used for personal, educational and/or non-commercial purposes only.
2.2 Content from the Clearpath website shall not be used or exploited by Users for any commercial and non-private purposes without the prior written consent of Clearpath.
2.3 Users may only access and use the Clearpath website for legal purposes.
2.4 The caching of the Clearpath website shall only be allowed if:
2.4.1 The purpose of the caching is to make the onward transmission of the content from the Clearpath website more efficient;
2.4.2 The cached content is not modified in any manner whatsoever;
2.4.3 The cached content is updated at least every 12 (twelve) hours; and
2.4.4 The cached content is removed or updated when so required by Clearpath.
2.5 If any User uses content from the Clearpath website in breach of the provisions detailed herein:
2.5.1 Clearpath reserves the right to claim damages from the User;
2.5.2 Clearpath reserves the right to institute criminal proceedings against the User; and
2.5.3 Clearpath 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.
2.6 Hyperlinks to the Clearpath website from any other source shall be directed at the home page of the Clearpath website. Clearpath shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of content from the Clearpath website, if such content was accessed through a hyperlink not directed at the home page of the Clearpath website. Persons that wish to link to content beyond the home page of the Clearpath website shall do so at their own risk and indemnify Clearpath against any loss, liability or damage that may result from the use of content from the Clearpath website, if such content was accessed through a hyperlink not directed at the home page of the Clearpath website.
Clearpath’s non-liability for deep linking is based on the fact that deep links bypass these terms and conditions.
2.7 Users may quote small and reasonable amounts of content available from the Clearpath website only if such quote is placed in inverted commas and acknowledged.
2.8 No person may frame the Clearpath website, in any manner whatsoever, without the prior written consent of Clearpath.
2.9 Apart from bona-fide search engine operators and use of the search facility provided on the Clearpath 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 Clearpath website for any purposes, without the prior written consent of Clearpath.
2.10 All licences 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 Clearpath at any time without giving reasons therefor.
3. INTELLECTUAL PROPERTY RIGHTS AND DOMAIN NAME USE
3.1 All intellectual property on the Clearpath 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 Clearpath 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 Clearpath website are expressly reserved.
3.2 “Clearpath” and “Splice” are trademarks and Users agree not to use these trademarks as elements of a domain name or sub domain name, notwithstanding the fact that such domain name use or registration may be allowed in terms of trademark and/or constitutional law. Upon request to do so a User shall immediately cease to use such domain name and transfer it to Clearpath at the cost of the User.
4. 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 to access the Internet and the Clearpath website and/or download content from this website.
5. DISCLOSURES REQUIRED BY SECTION 43 OF THE ECT ACT
Access to the services, content, software and content downloads available from the Clearpath website is classified as “electronic transactions” in terms of the ECT Act and therefore Users have the rights detailed in Chapter 7 of the ECT Act and Clearpath has the duty to disclose the following information:
5.1 The full name and legal status of the website owner: World Focus 560 CC t/a Clearpath, reg. no. 2004/087054/23;
5.2 Street address: 10 Caxton Way, Meadowridge, 7806, Cape Town, South Africa
5.3 Postal address: 10 Caxton Way, Meadowridge, 7806, Cape Town, South Africa
5.4 Physical address for receipt of legal service:
10 Caxton Way, Meadowridge, 7806, Cape Town, South Africa
5.5 Main business: The main business of Clearpath is the provision of IT security products and services;
5.6 The Clearpath website address is: Clearpath.co.za;
5.7 The official e-mail addresses of the Clearpath website are: security Clearpath.co.za.
5.8 The costs associated with the access and use of the Clearpath website are as follows: free access.
5.9 Alternative dispute resolution: Subject to urgent and/or interim relief, all disputes regarding:
5.9.1 access to the Clearpath website;
5.9.2 the inability to access the Clearpath website;
5.9.3 the services and content available from the Clearpath website; or
5.9.4 these terms and conditions, shall be referred to arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa and such arbitration proceedings shall be conducted in Cape Town in English. The arbitration ruling shall be final and the unsuccessful party shall pay the costs of the successful party on a scale as between attorney and own client. The expedited rules of the Arbitration Foundation of South Africa may be downloaded from the following website: http://www.arbitration.co.za.
5.10 Cooling-off period: In terms of the operation of section 42(1)(d) of the ECT Act, the cooling-off provisions of the ECT Act do not apply to this website.
5.11 Users may lodge complaints concerning the Clearpath website with Clearpath at splice-ng Clearpath.co.za.
6. CHANGES AND AMENDMENTS
Clearpath expressly reserves the right, in its sole and absolute discretion, to do any of the following, at any time without prior notice:
6.1 change these terms and conditions;
6.2 change the content and/or services available from the Clearpath website;
6.3 discontinue any aspect of the Clearpath website or service(s) available from the Clearpath website; and/or
6.4 change the software and hardware required to access and use the Clearpath website.
7.1 Clearpath 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).
7.2 Clearpath may electronically collect, store and use the following personal information of Users:
7.2.1 name and surname;
7.2.2 contact numbers;
7.2.3 non-personal browsing habits and click patterns;
7.2.4 e-mail address; and
7.2.5 IP address.
7.3 Clearpath collects, stores and uses the above-mentioned information for the following purposes:
7.3.1 Communicate requested information to the User;
7.3.2 Provide the User with access to restricted pages on this website; and
7.3.3 Compile non-personal statistical information about browsing habits, click-patterns and access to the Clearpath website.
7.4 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.
7.5 Clearpath may collect, maintain, save, compile, share, disclose and sell any information collected from Users, subject to the following provisions:
7.5.1 Clearpath shall not disclose personal information from Users unless the User consents thereto;
7.5.2 Clearpath shall disclose information without the User’s consent only through due legal process; and
7.5.3 Clearpath may compile, use and share any information that does not relate to any specific individual.
7.6 Clearpath owns and retains all rights to non-personal statistical information collected and compiled by Clearpath.
8. HYPERLINKS TO THIRD PARTY SITES
8.1 Clearpath may provide hyperlinks to websites not controlled by Clearpath (target sites) and such links do not imply any endorsement, agreement on or support for the content of such target sites.
8.2 Clearpath 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.
9.1 Clearpath shall take all reasonable steps to secure the content of the Clearpath website and the information provided by and collected from Users from unauthorised access and/or disclosure. However, Clearpath does not make any warranties or representations that content shall be 100% safe and secure.
9.2 Clearpath is under no legal duty to encrypt any content or communications from and to the Clearpath website and is also under no legal duty to provide digital authentication of any page on the Clearpath website.
9.3 Users may not deliver or attempt to deliver, whether on purpose or negligently, any damaging code, such as computer viruses, to the Clearpath website or the server and computer network that support the Clearpath website.
9.4 Notwithstanding criminal prosecution, any person who delivers any damaging code to the Clearpath website, whether on purpose or negligently, shall, without any limitation, indemnify and hold Clearpath harmless against any and all liability, damages and losses Clearpath and its partners / affiliates may suffer as a result of such damaging code.
9.5 Users may not develop, distribute or use any device to breach or overcome the security measures of the Product and Clearpath reserves the right to claim damages any and all persons concerned with a security failure or breach.
9.6 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 Clearpath and its partners / affiliates.
10. DISCLAIMER AND LIMITATION OF LIABILITY
10.1 Subject to the provisions of section 43(5) and (6) of the ECT Act, if applicable, and as far as allowed by law, Clearpath (including its owners, 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:
10.1.1 access to the Clearpath website;
10.1.2 access to websites linked to the Clearpath website;
10.1.3 inability to access the Clearpath website;
10.1.4 inability to access websites linked to the Clearpath website;
10.1.5 content available on the Clearpath website;
10.1.6 services available from the Clearpath website;
10.1.7 downloads and use of content from the Clearpath website;
10.1.8 any other reason not directly related to Clearpath’s gross negligence.
10.2 The Clearpath 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 Clearpath, that the content available from and through the Clearpath website meets the User’s individual requirements and is compatible with the User’s computer hardware and/or software.
10.3 Information, ideas and opinions expressed on the Clearpath website should not be regarded as professional advice or the official opinion of Clearpath, and Users are encouraged to consult professional advice before taking any course of action related to the information, ideas or opinions expressed on the Clearpath website.
10.4 Clearpath does not make any warranties or representation that content and services available from the Clearpath website will in all cases be true, correct or free from any errors. Clearpath shall take all reasonable steps to ensure the quality and accuracy of content available from the Clearpath website.
10.5 Clearpath does not make any warranties or representations that the Clearpath website shall be available at all times. Users acknowledge that the Clearpath website may be unavailable due to updates or other causes beyond the reasonable control of Clearpath, including, but not limited to virus infection, unauthorised access (hacking), power failure or other “acts of God”.
11. REMOVAL AND CORRECTION OF CONTENT
11.1 Users are encouraged to report untrue, inaccurate, defamatory, illegal, infringing and/or harmful content available from the Clearpath website to Clearpath, and Clearpath 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.
11.2 Comments posted on Clearpath websites by Users do not reflect the opinions of Clearpath. Clearpath reserves the right to edit and/or delete comments deemed inaccurate, illegal, defamatory and/or harmful at its absolute discretion.
12. INTERCEPTION OF COMMUNICATIONS
12.1 Subject to the provisions of the Regulation of Interception of Communications and Provision of Communication-related Information Act 70 of 2002 (RIC Act), the User agrees to Clearpath’s right to intercept, block, filter, read, delete, disclose and use all communications send or posted by the User to the Clearpath website, its staff and employees.
12.2 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.
13. ENTIRE AGREEMENT AND SEVERABILITY
13.1 Subject to the provisions of the Content Use Licence, these terms and conditions constitute the entire agreement between Clearpath and the User and shall take precedent over any disclaimers and/or legal notices attached to any communications and/or postings received by Clearpath from the User.
13.2 Any failure by Clearpath to exercise or enforce any right or provision shall in no way constitute a waiver of such right or provision.
13.3 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.
14. AGREEMENT IN TERMS OF SECTION 21 OF THE ECT ACT
The User and Clearpath agree that:
14.1 the User shall be bound to these terms and conditions and such agreement is concluded in Cape Town (South Africa) at the time the User enters the Clearpath website for the first time or immediately after the User indicated consent as required in Content Use Agreement;
14.2 data messages (as defined in the ECT Act) addressed by the User to Clearpath shall only be deemed to have been received if and when responded to;
14.3 data messages (as defined in the ECT Act) addressed to the User by Clearpath shall be deemed to be received by the User as detailed in section 23(b) of the ECT Act;
14.4 data messages (as defined in the ECT Act) addressed by the User to Clearpath shall be deemed to have been created and sent by the User from within the geographical boundaries of South Africa;
14.5 electronic signatures, encryption and/or authentication is not required for valid electronic communications between the User and Clearpath; and
14.6 the User agrees and warrants that data messages that are sent to Clearpath from a computer, IP address or mobile device normally used by or owned by the User, were sent and/or authorised by the User personally.
15. APPLICABLE AND GOVERNING LAW
The Clearpath 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 Clearpath website, its content, services and these terms and conditions.
16. LEGAL COSTS
Clearpath shall not be liable for costs incurred by Users to obtain professional advice relating to these terms and conditions.
© 2021. ALL RIGHTS NOT EXPRESSLY ALLOWED ARE RESERVED.