Terms and conditions of use

Cortac (C487) Website terms and conditions (“Terms”)

1. General

• When accessing the website located at cortac.co.za and/or any associated social media pages i.e. Facebook, Twitter and Instagram (‘the Website’), you enter into a legally binding agreement with Cortac (Pty) Ltd on the terms and conditions (‘Terms’) set out herein.

• Cortac (Pty) Ltd and the associated Companies / subsidiaries / portfolios / subgroup(s) to which these Terms apply, as fully described in clause 16.1 below, are incorporated in the Republic of South Africa, and hereinafter referred to as ‘we’ or ‘us’ or ‘our’ as required by the context.

• These Terms apply to all visitors to the Website, including members of the public or legal entities accessing the Website for information purposes; members of the public or legal entities submitting advertisements, comments, files, images, videos, sounds, business listings and/or information, service and information requests and/or any other material or data; web search engines; and data and/or information aggregators, hereinafter referred to as ‘users’ or ‘you’ or ‘your’ as required by the context.

• We provide a collection of online content for information purposes (collectively referred to as ‘Services’) on the Website, and your access and/or use of the Website and Services are subject to these Terms.

• These Terms constitute the complete and exclusive understanding and agreement between you and us and govern your use of the Website and Services.

• The Terms and the relationship between us are governed by the laws of the Republic of South Africa and you and we agree to submit to the personal and exclusive jurisdiction of the appropriate Courts in Johannesburg, Gauteng, South Africa having jurisdiction to determine any dispute arising from these Terms and your use of the Website and Services.

• By using this Website and Services you affirm that you are:-

• 18 year of age, or an emancipated minor, or possess legal parental or guardian consent; and
• able and competent

to enter into the terms, conditions, obligations, affirmations, representations and warranties contained herein, and to abide by and comply with these Terms.

• The Website is managed by us from our offices in the Republic of South Africa. We make no representation that the content of the Website or Services provided are appropriate or available for use outside of South Africa. Access to the Website or Services from territories or countries where the content of the Website is illegal, is prohibited. If you access this Website from locations outside of South Africa, you are responsible for compliance with all local laws in the jurisdiction from where you are accessing same.

2. Acceptance

2.1    By accessing the Website and using the Services, you agree to be bound by these Terms. Should you object to any term or condition of these Terms, or any subsequent changes thereto, or become dissatisfied with us, the Website or Services, please refrain from using the Website and/or Services.

2.2    These Terms may be updated and/or amended by us at any time in our sole discretion, and any such updates and/or amendments shall supersede and replace any previous Terms and will be published on the Website. Each time you access the Website and/or Services, you shall be deemed to have consented, by such access and/or use, to the Terms, as updated and/or amended by us from time to time. Should you object to any amended term published by us, you should discontinue your use of the Website and/or Services.

3. Consumer Protection Act, 68 of 2008

If these Terms (or any contract governed by them) or the Services provided and/or made available on the Website are regulated by or subject to the Consumer Protection Act, 68 of 2008, as amended from time to time, it is not intended that any provision of these Terms contravene any provision of that Act.

4. Data Protection

4.1    We collect personal information from you and will handle the collection, processing and storage of your personal information in accordance with the privacy policy available on the Website.

4.2    By disclosing or submitting your personal information to us, you consent to us collecting, processing, storing and retaining your personal information, as set out in the privacy policy.

5. Accessing (browsing) the Website and using our Services

5.1    The Website and the Content available through the Website is for information purposes only and does not constitutes advice.

5.2    We may use third party information and/or content on the Website, which we have no control over and we make no representations or warranties of any nature as to the accuracy, appropriateness or correctness of any Third party information. Third party information is provided “as is” and we shall not be liable for any losses or damages that may arise, howsoever these may arise, from your reliance thereon.

5.3    The Website and the Content available through the Website may contain links to third party websites unrelated to us. If you link to third party websites, you may be subject to the terms and conditions and other policies of those third party websites, and we do not endorse any content displayed on any third party website.

5.4    We do not permit copyright infringing activities or infringement of Intellectual Property rights on the Website and we may, at our sole discretion, remove any infringing Content.

6. Submitting content

6.1    If you submit any Content to us, you expressly agree not to post, e-mail, or otherwise make available Content that: –

6.1.1       violates any law; 

6.1.2       is copyrighted, patented, protected by trade secret or trade mark, or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission or a licence from their rightful owner to post the material and to grant us all the licence rights granted under these Terms by the owner; 

6.1.3       is harmful, abusive, unlawful, threatening, harassing, defamatory, pornographic, libellous, or invasive of another’s privacy or other rights, or that harms or could harm minors in any way; 

6.1.4       harasses, degrades, intimidates or is hateful towards an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; 

6.1.5       violates any employment laws including those prohibiting the stating, in any advertisement for employment, of a preference or requirement based on the race, colour, religion, sex, national origin, age or disability of the applicant;

6.1.6       includes personal or identifying information about another person, without that person’s explicit consent; 

6.1.7       impersonates any person or entity, including any of our employees, or falsely states or otherwise misrepresents an affiliation with a person or entity; 

6.1.8       is false, deceptive, misleading, deceitful or constitutes a negative marketing offer; 

6.1.9       constitutes a ‘pyramid scheme’, ‘affiliate marketing’, a ‘link referral code’, ‘junk mail’, ‘spam’, a ‘chain letter’ or an unsolicited advertisement of a commercial nature; 

6.1.10     constitutes or contains any form of advertising or solicitation including any form of advertising or solicitation that is

6.1.10.1           posted in areas or categories of the Website which are not designated for such purposes; or

6.1.10.2           e-mailed to users who have requested not to be contacted about other services, products or commercial interests; 

6.1.11     includes links to commercial services or third party websites, except as specifically allowed by us; 

6.1.12     advertises any illegal services or the sale of any items which is prohibited or restricted by applicable law; 

6.1.13     contains software viruses or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; 

6.1.14     disrupts the normal flow of dialogue, with an excessive number of messages (flooding attack) to the Services or that otherwise negatively affects other users’ ability to use the Services; or 

6.1.15     employs misleading e-mail addresses or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Services.

6.2    Additionally, you agree not to

6.2.1       contact anyone who has asked not to be contacted, make unsolicited contact with anyone for any commercial purpose, or ‘stalk’ or otherwise harass anyone; 

6.2.2       make any libellous or defamatory comments or postings to or against anyone; 

6.2.3       collect Personal Information (as defined in the privacy policy) or data about other users or entities for commercial or unlawful purposes; 

6.2.4       attempt to gain unauthorised access to computer systems owned or controlled by us, or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Services or this Website; and

6.2.6       use any automated device or software that enables the submission of automatic postings on the Website without human intervention.

6.3    We reserve the right to remove any Content without prior notice.

6.4    Furthermore, by posting Content to any public area of this Website, you agree to and hereby grant us all rights necessary to prohibit or allow any subsequent aggregation, display, copying, duplication, reproduction or exploitation of the Content by any party for any purpose. You also hereby grant each user of the Website a non-exclusive licence to access your Content through the Website, which licence shall terminate when you remove or delete such Content from the Website.

7. Intellectual Property Rights

7.1    You acknowledge and agree that the material on the Website, including the text, software, scripts, graphics, images, sounds, music, videos, interactive features and the like (‘Materials’), and the trademarks, service marks and logos contained therein (‘Marks’), are owned by or licensed to us and are subject to copyright and other intellectual property rights.

7.2    We reserve all rights not expressly granted herein to the Website and the Materials. You agree not to use, copy or distribute any of the Materials, otherwise than as expressly permitted herein, or to use, copy or distribute the Materials of third parties obtained through the Website, for any commercial purpose. If you download or print a copy of the Materials for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict the use or copying of any Materials or that enforce limitations on the use of this Website or Materials.

7.3    This Website and Services are protected by copyright laws, other laws, and international conventions or treaties as a collective work and/or compilation. Any reproduction, modification, creation of derivative works from or redistribution of this Website, the Materials or the collective work or compilation is expressly prohibited. Copying or reproducing this Website, the Materials, or any portion thereof, to another server or location for further reproduction or redistribution is expressly prohibited. 

8. Indemnity

8.1    You agree to defend, indemnify and hold us and our officers, successors, assigns, directors, agents, service providers, suppliers and employees harmless from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including attorneys’ fees) arising from:

8.1.1    your use of and access to this Website and/or Services; 

8.1.2    your violation of any term of these Terms; 

8.1.3    your violation of any third-party right, including, without limitation, any copyright, trade mark, trade secret, or other property or privacy right; or 

8.1.4    any claim that your Content caused damage to a third party.

8.2    This defence and indemnification obligation will survive termination, modification or expiration of these Terms and your use of this Website and Services.

9. Limitation and termination of services

You acknowledge and agree that we, in our sole and absolute discretion, have the right (but not the obligation) to delete or deactivate your account, block your e-mail or IP address, or otherwise terminate your access to or use of the Website and Services, without notice, and to remove and discard any Content within the Website, for any reason including our belief that you have violated these Terms. You agree that we will not be liable to you or any third party for termination of your access to the Website or Services. You agree not to attempt to use this Website and Services after such termination.

10. Disclaimer of warranties

10.1  You expressly acknowledge and agree that your use of the Website and Services is entirely at your own risk and is provided to you on an ‘as is’ or ‘as available’ basis, without any warranties of any kind. All express and implied warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights, are expressly disclaimed.

10.2  We make no warranties or representations about the accuracy or completeness of the Website’s content or the content of any third party website linked to the Website and assume no liability or responsibility for any:-

10.2.1    errors, mistakes or inaccuracies in the content;

10.2.2    personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Website and Services;

10.1.3    unauthorised access to or use of our servers and/or any Personal Information stored therein;

10.1.4    interruption or cessation of transmission to or from the Website;

10.1.5    bugs, viruses, Trojan horses or the like which may be transmitted to or through the Website by any third party; or

10.1.6    errors or omissions in any content or loss or damage of any kind incurred as a result of the use of the Website or Services. 

10.2  We do not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party through the Website or any hyperlinked website featured in any banner or other advertising, and we will not be a party to or in any way responsible for the monitoring of any transaction between you and/or other users and/or third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgement and exercise appropriate caution.

11. Limitation of liability

In no event will we be liable for direct, indirect, incidental, special or consequential damages resulting from any aspect of your use of the Website or Services, including damages arising from the use or misuse of the Website or Services, from the inability to use the Website or Services, or from the interruption, suspension, modification, alteration, or termination of the Website or Services.

12. Assignment

These Terms and any rights and licences granted hereunder may not be transferred or assigned by you but may be assigned by us without restriction. Any assignment or transfer by you will be null and void.

13. Severability

If any provision of these Terms is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of the Terms will not in any way be affected or impaired. 

14. Succession

These Terms will inure to the benefit of and be binding upon each party’s successors and assigns. 

15. How to contact us

If you have questions about these Terms, please contact us at info@cortac.co.za with “Website Terms and conditions” recorded in the subject line.

16. Registered names and particulars of the entities presenting these Terms to you: