Terms and Conditions
WEBSITE USE
1. Introduction
These are the general terms of the relationship between you (website visitor) and us (website owner). The terms cover all use of this website. You agree to the terms by visiting and using this website.
2. Definitions and interpretation
2.1 Definitions
In the agreement:
terms means the terms, consisting of:
these terms of use; and any other relevant specific terms, policies, disclaimers, rules and notices agreed between the parties, (including any that may be applicable to a specific section or module of the website); we, us, or our means IforCS, the owner of the website. It includes our officers, agents, employees, owners, co-branders and associates where the terms limit or exclude our liability; you or your means any visitor to this website, including any other person, website, business or agent (including any virtual or robotic agent) associated with the visitor.
2.2 Conflict
If the meaning of any general term conflicts with any other relevant specific term, the specific term will apply. Specific terms apply to a specific section of the website or have been specifically agreed between you and us.
3. Use of this website
3.1 Licence
We grant you a limited licence to use this website on these terms. We may cancel your licence at any time for any reason. Your licence is automatically cancelled if you do not get our written permission before using this website in a way these terms do not allow.
3.2 Breach
If you breach any of the terms or infringe any other person’s rights (including copyright), we may cancel your licence, block you from using the website, claim specific performance or damages against you and take any other steps the law allows, without affecting our rights.
3.3 Framing
You may not frame this website or any of its pages.
3.4 Linking
You may only link to the home page of this website. You may not deep link (link to any other page) or link in any way that could suggest that we endorse or support you, or that you have any rights in our website or intellectual property.
3.5 Virtual agents
You may not use any technology (including spiders, crawlers, bots and similar virtual agents) to search or gain any information from this website.
4. Your capacity
4.1 Capacity and agreement.
You promise that you may visit this website and agree to the terms because you are: are at least 18 (or regarded as legally adult), and have the legal right and capacity to do so; or are not 18 yet, but have permission from your parent (or legal guardian) to do so.
4.2 Accurate information
You promise that you will give only accurate information to us and this website.
5. Intellectual property
5.1 Ownership
Except as provided to the contrary in the agreement, all right, title, interest, and ownership (including all rights under all copyright, patent, and other intellectual property laws) in, to or of this website are our sole property or will vest in us or a third party licensor. All moral rights are reserved.
5.2 Trademarks
Our logo and sub-logos, marks, and trade names are our trademarks and no person may use them without permission. Any other trademark or trade name that may appear on our marketing material is the property of its respective owner.
5.3 Restrictions
Except as expressly permitted under the agreement, the website may not be: modified, distributed, or used to make derivative works; rented, leased, loaned, sold or assigned; decompiled, reverse engineered, or copied; or reproduced, transferred, or distributed.
6. Limits to our liability
6.1 You use this website at your own risk. We provide the website `as is`. We do not give any express or implied warranty or make any other promise about this website. For example, we do not warrant that it is good quality, fit for any particular purpose, accurate, complete, up-to-date, legally effective or secure. We also do not warrant that it is free of latent defect, errors, malicious software or infringing content, or that you will have quiet or uninterrupted use of it.
6.2 You indemnify us
You indemnify (or promise to protect) us against any claim, demand, loss, damage, cost, or liability (including reasonable attorneys’ fees) related to your use of this website.
6.3 Faults
We will do our best to fix any fault in this website as soon as reasonably practical after we find out about it. This is the limit of our responsibility and liability for any fault in the website.
6.4 Direct damages limited
If the previous clause does not apply for any reason, our maximum liability to you for all claims for direct damages is R100. This limit applies whether a claim is based on contract, delict (tort) or any other legal cause of action.
6.5 No liability for indirect damages
We will never be responsible for any indirect or consequential damages or losses, even if we should have foreseen them. These may include any loss of profit, loss of goodwill, loss of use or damages related to lost or damaged data.
6.6 Other website
We are not responsible for anyone else’s website.
7. General
7.1 Entire agreement
The terms are the entire agreement between the parties on the subject.
7.2 Changes to website
We may change or stop publishing this website without notice and will not be responsible for any consequences.
7.3 Changes to terms
We may change the terms by placing a notice on this website. If you do not agree with the change, you must stop using this website or the changed terms will apply to you.
7.4 Facts about website
If an administrator of this website signs a letter confirming any fact related to the website, that letter is conclusive proof of its contents. These may include the version of the terms that apply to any dispute, or what content or functions the website had at a particular time or date.
7.5 Waiver
We do not ever waive (give up) our rights, even if we allow you any favour or extension of time, or we delay enforcing our rights against you.
7.6 Severability
Any term that is invalid, illegal or cannot be enforced must be regarded as deleted. The remaining terms continue as intended.
7.7 Law and jurisdiction
South African law and conditions (such as time and date) govern the terms. Only the South African courts may decide any dispute about the terms.
PRIVACY POLICY
1. Collection
We collect certain information: when you contact us on our website; from your web browser; from cookies we may send to your computer and from web beacons on our website to track how you use our website and to try and give you a personalised experience; and optional information, that you provide when you upload or download content from our website.
2. Use
We may use your information: to send you send administrative messages and email updates to you regarding the website; for marketing purposes; targeted content in certain, specified instances.
3. Disclosure
We might disclose your information in the specific circumstances mentioned in this policy.
4. Security
Our hosting company will host your website in a secure server environment.
5. Your choices
You can turn off cookies in your browser; or You can opt-out of marketing communications with us.
6. Contact us
You can contact us with privacy related questions at eddie@iforcs.co.za address.
7. Audience
This policy applies to all visitors to our website (`you` and `your`).
8. Purpose of this policy
We respect your privacy and take the protection of personal information very seriously. The purpose of this policy is to describe the way we collect, store, use, and protect information that can be associated with a specific natural or juristic person and can be used to identify that person (`personal information`). Personal information:
8.1 includes certain information collected when you contact us (see below); and optional information that you voluntarily provide to us (see below).
8.2 excludes information that has been made anonymous so that it does not identify a specific person; permanently de-identified information that does not relate or cannot be traced back to you specifically; and non-personal statistical information collected and compiled by us and information that you have provided voluntarily in an open, public environment or forum including (without limitation) any blog, chat room, community, classifieds or discussion board. Because the information has been disclosed in a public forum, it is no longer confidential and does not constitute Personal Information subject to protection under this policy.
9. Acceptance of terms
By using this website you are deemed to have read, understood, accepted, and agreed to be bound by these terms.
10. Collection
10.1 On registration. Once you contact us on our website, you will no longer be anonymous to us as you will provide us with personal information.
10.2 Collection from browser
We automatically receive and record internet usage information on server logs from your browser (`usage information`).
10.3 Cookies
When you access our website we may send one or more cookies (small text files containing a string of alphanumeric characters) to your computer to collect certain usage information. We use information gathered by cookies to improve the website. Please note that some of our business partners (e.g. advertisers) use their own cookies or widgets on our website. We have no access to or control over them. Information collected by any such cookie or widget is governed by the privacy policy of the company that created it, and not by us. We use Remarketing with Google Analytics to advertise online. Third-party vendors, including Google, show your ads on sites across the Internet. Lead Find and third-party vendors, including Google, use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as the DoubleClick cookie) together to inform, optimize, and serve ads based on someone’s past visits to this website. Visitors can opt-out of Google Analytics for Display Advertising and customize Google Display Network ads using the Ads Settings.
10.4 Web beacons
Our website may contain electronic image requests (called a `single-pixel gif` or `web beacon` request) that allow us to count page views and to access cookies. Any electronic image viewed as part of a web page (including an ad banner) can act as a web beacon. Our web beacons do not collect, gather, monitor or share any of your personal information. We merely use them to compile anonymous information about our website.
10.5 Recording calls
We will monitor and record telephone calls that you make to our call centre, unless you specifically request us not to.
10.6 Optional details
You may provide information on a voluntary basis (`optional information`). This includes content or product that you decide to upload or download from our website or otherwise use any optional features and functionality of the website.
10.7 Purpose for collection
We may use any optional information provided by you for such purposes as indicated to you at the time you agree to provide such optional information.
11. Consent to collection
We will obtain your consent to collect personal information: in accordance with applicable law; and at the time you provide us with any optional information.
12. Messages
We may send administrative messages and email updates to you regarding the website. In some cases, we may also send you primarily promotional messages. You can choose to opt-out of promotional messages.
13. Disclosure
13.1 Sharing
We may share your personal information with: other divisions or companies within the group of companies to which we belong; and an affiliate, in which case we will seek to require the affiliates to honour this privacy policy.
13.2 Regulators
If you contact us regarding your experience with using any of our products, we may disclose your personal information as required by law or governmental audit.
13.3 Law enforcement
We may disclose personal information if required: by a subpoena or court order; or to comply with any law.
13.4 Marketing purposes
We may disclose aggregate statistics (information about the customer population in general terms) about the personal information to advertisers or business partners.
13.5 Employees
We may need to disclose personal information to our employees that require the personal information to do their jobs.
13.6 Change of ownership
If we undergo a change in ownership, or a merger with, acquisition by, or sale of assets to, another entity, we may assign our rights to the personal information we process to a successor, purchaser, or separate entity. We will disclose the transfer on the website. If you are concerned about your personal information migrating to a new owner, you may request us to delete your personal information.
14. Security of personal information
Our hosting company will host our website in a secure server environment that uses a firewall and other advanced security measures to prevent interference or access from outside intruders. We authorize access to personal information only for those employees who require it to fulfil their job responsibilities.
15. Retention of personal information
We will only retain your personal information for as long as it is necessary to fulfil the purposes explicitly set out in this policy, unless: retention of the record is required or authorised by law; or you have consented to the retention of the record. During the period of retention, we will continue to abide by our non disclosure obligations and will not share or sell your personal information.
16. Limitation
We are not responsible for, give no warranties, nor make any representations in respect of the privacy policies or practices of linked or any third party websites.
17. Enquiries
If you have any questions or concerns arising from this privacy policy or the way in which we handle personal information, please contact us.
RECIPROCAL NON-DISCLOSURE AND NON CIRCUMVENTION
AGREEMENT
NON-CIRCUMVENTION NON-DISCLOSURE AGREEMENT (NCNDA)
The parties desire to enter into a working business relationship to the mutual and common benefit of the parties, including each party’s parent / holding company, subsidiary(s) / affiliate company(s), partners, associates, assignees, successors, funding sources, underwriters, customers (all herein referred to as
“Affiliates”) and desire to bind themselves to an obligation of confidentiality as regards their sources, contacts and connections, each agrees to the following:
RECITALS
(A) The Parties have agreed to cooperate on Cross Border Contracts , or any other project agreed on and referred to by the parties in a confidential communication (the ‘Transaction’s). This will involve mutual disclosure of confidential information (as defined below) and introductions of contacts (‘Target Suppliers, Clients, Buyers, Service Providers, or Funders’) in relation to the Transaction.
(B) The parties set out their agreement on their conduct below.
CONDITIONS OF NON-CIRCUMVENTION:
1. This is to reaffirm that each of the named parties as individuals and as duly authorized officers of the named corporations, separately and individually, hereby agree to keep confidential the business I.P. names, contact information, e.g., email addresses and telephone numbers and addresses, and information of the banks, trusts, lenders or borrowers, funding sources, lending institutions, corporations, buyers, sellers, groups and individuals introduced by either party or Affiliates. Such information is considered the property of the introducing party and shall remain so for the term of this Agreement.
2. The parties acknowledge that no effort shall be made to circumvent the terms of this Agreement in an attempt to gain commissions, fees, remunerations, or considerations to the benefit of the other party, while excluding equal or agreed to benefits to the other party.
3. The parties will not solicit or accept any business from the other parties Affiliates.
4. It is also understood that a party cannot be adjudged to be in violation, i.e. to have circumvented, if actions were involuntary due to situations beyond their control, e.g. prior knowledge or possession of information regarding a specific source(s).
CONDITIONS OF NON-DISCLOSURE:
The parties have concluded that the following understanding should establish the conditions under which the Confidential Information of the parties can be disclosed or exchanged.
1. The Confidential Information may include, for example, business plans, data reports, methods of doing business, customer lists, financial reporting, studies, findings and ideas, but is not limited to these items.
2. The parties intend to maintain the trade secret status of its respective Confidential Information.
3. The parties shall designate or mark the confidential nature of its Confidential Information as “Confidential” or in some other appropriate manner, so that the other party is aware that its receipt is governed by the terms of this Agreement. In the event of verbal disclosures, each party shall promptly inform the other party if such disclosure is confidential. In addition, all program materials and vendor names are considered Confidential Information.
4. Each party shall exercise reasonable care to prevent disclosure of the other party’s Confidential Information to any third party. Internal dissemination of Confidential Information shall be limited to those employees whose duties justify their need to know such information and then only on the basis of a clear understanding by these employees of their obligation to maintain the trade secret status of such information and to restrict the use of such information solely to the use granted to the other party under this agreement.
5. The parties shall not use the Confidential Information disclosed by the other party under this Agreement for any purpose except for the evaluation of commercial business. Upon request by either party, the other shall return all Confidential Information.
6. Nothing hereinabove contained shall deprive either party of the right to use or disclose any information:
a) which is, at the time of disclosure, generally known to the trade or the public;
b) which becomes at a later date generally known to the trade or the public through
no fault of either party and then only after said later date;
c) which is possessed by either party or is subsequently independently developed by either party, as can be demonstrated by written or other tangible evidence; or
d) which is disclosed to either party in good faith by a third party who has an independent right to such information.
GENERAL CONDITIONS:
1. This agreement shall be valid from the date of any transaction is concluded between the parties or efforts with the purpose to conclude such transactions and shall apply to any and all transactions entertained by the parties hereto, including subsequent follow-up, repeat, extended or renegotiated transactions, as well as to the original transaction, regardless of the success of the project.
2. This Agreement is not valid unless signed and/or exchanged efforts and procedures by the respective parties of the transaction(s).
3. This NCNDA shall in no way be construed as being an Agreement of partnership in such a way that any of the individual parties to this Agreement shall have any claim against any separate dealings, ventures, or assets of any other party, nor shall any party be liable for any other party’s commitments or liabilities in business or personal dealings or situations.
4. This Agreement shall be governed by the laws of and enforceable in South Africa. Any controversy or claim arising out of or relating to this Agreement, or breach thereof, and which is not settled between the parties and arbitration as provided under the laws of the location of the parties, and this clause is deemed transferred to any successor in title to the Client. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof, plus any and all court costs, attorney fees and any other costs or charges reasonably necessary to adjudicate the controversy.
5. The Parties acknowledge that they have read this Agreement and by their consent through their actions, steps and/or signature through relevant and required procedures confirm that they have full and complete authority to execute these terms for and in the name of the party for which they have given their signature and/or consent as a result of their actions and/or steps.
6. The Parties agree that this Agreement is fair and reasonable and each party agrees to indemnify and hold the other harmless against any loss it suffers by reason of the breach of this Agreement.
7. The parties agree that facsimile / electronic copies of this agreement will be considered the same as originals. Essentially, the spirit behind the Agreement is one of mutual trust and confidence and of the reliance upon each other to do what is fair and equitable. This Agreement shall be effective on the date referred to in point 1 above (under General Conditions) and constitutes upon execution by the parties a legally binding agreement.