Terms

Terms of Usage

Terms and Conditions
DISCLAIMER
All rights, including copyright, in the content of these relate technologies web pages are
owned or controlled for these purposes by relate technologies. In accessing the relate
technologies' web pages, you agree that you may only download the content for your own
personal non-commercial use.

relate technologies disclaim all liability for any loss, damage or expense however caused,
arising from the use of or reliance upon the information provided through this service and
does not guarantee the completeness or accuracy of the information.

ECT ACT
Terms and Conditions of Use
IT IS IMPORTANT TO NOTE THAT THE USE OF THIS WEBSITE, INCLUDING
USE THROUGH AN ELECTRONIC AGENT, IS SUBJECT TO THE TERMS AND
CONDITIONS OF USE SET OUT BELOW. BY USING THIS SITE THE USER
AGREES AND IS DEEMED TO HAVE AGREED TO OBSERVE ALL TERMS &
CONDITIONS OF USE, INCLUDING ANY PRIVACY OR OTHER POLICIES
WHICH MAY APPEAR ELSEWHERE ON THIS WEBSITE.

IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS
THEN FURTHER USE OF THE WEBSITE IS PROHIBITED.

Definitions
Use of this site
Amendments to content and information
Owner information and required disclosures
No offer
Disclaimers
Indemnity
Receipt of data messages
Monitoring and interception of data messages
Removal of Content – Notice of Objection
Security
Copyright and intellectual property protection
Privacy and confidentiality of communications
Advertising and sponsorship
Automated searching
Hyperlinks, deep links, framing and web crawlers
Termination of this agreement
Applicable law
Dispute resolution
Amendment of these terms and conditions
Enforceability of these terms and conditions and waivers
Date of last review
Definitions
“web site owner” and/or “we” means relate technologies
“user” means any person accessing any part of the web site and includes members
"this web site" means www.relatetech.co.za and all sub pages thereof excluding links to
external sites
“ECT Act” means the Electronic Communications & Transactions Act 25 of 2002
Use of this site

1.	Use of this web site is strictly at the sole risk of the user.

2.	Any and all illegal, unlawful or fraudulent conduct, including click fraud, directed
towards this web site or any of the services offered through it is strictly prohibited.
Amendments to content and information
3.	The web site owner expressly reserves the right in its sole discretion to affect any
amendment or alteration to the content and information, including pricing and rates,
set out in this web site.
4.	Users acknowledge that it is their responsibility to familiarise themselves with any
amendment or alteration affected.

Owner information & required disclosures under section 43 of the ECT Act.
Please submit any query in respect of these Terms & Conditions or Web site owners to:
Lezmin 2878 CC T/A relate technologies

Directors: L Child , R. Meiring
Contact details:
Western Cape (Head Office)
Tel. +27 (21) 948 4519
E-mail: info@relatetech.com
Physical Address: 2nd floor, Corporate Place, 13 Mispel Road, Cape Town 7530, South Africa

No offer

5.	Users should regard nothing contained in this web site as an offer but rather as an
invitation to do business.

Disclaimers

6.	THIS ENTIRE WEB SITE, INCLUDING TEXT, IMAGES, LINKS, DOWNLOADS
AND CODING, IS PROVIDED "AS IS" AND "AS AVAILABLE". THE WEB SITE OWNER
MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO WARRANTIES AS TO THE CORRECTNESS
OR SUITABILITY OF EITHER THE WEB SITE OR THE INFORMATION
CONTAINED IN IT.
7.	Subject to Chapter 7 of the ECT Act, the web site owner, its officers, employees,
suppliers, ISPs, partners, affiliates and agents, shall not be liable for any damage,
loss or liability, howsoever arising, incurred by users or any other persons and
resulting from the use or inability to use this web site.
8.	Subject to Chapter 7 of the ECT Act and to the fullest extent possible under the
applicable law, the web site owner disclaims all responsibility or liability for any
damages, including but not limited to direct, economic, consequential loss or loss of
profits, resulting from the use of this site in any manner.
9.	The web site owner has no control over third party content and features which can
be accessed through the use of this web site and does not examine or edit such
content and features or act as an agent for third parties accessible through this web
site. As such and to the fullest possible extent permissible under law the web site
owner disclaims any liability whatsoever for any loss or damage arising from the use
of third party web sites, contents and features.

INDEMNITY

10.  USERS AGREE TO INDEMNIFY AND HOLD HARMLESS THE WEB SITE
OWNER, ITS OFFICERS, EMPLOYEES, ISPs, SERVANTS, SUBCONTRACTORS,
PARTNERS, SUBSIDIARIES AND AFFILIATES FROM ANY DEMAND, ACTION
OR APPLICATION OR OTHER PROCEEDINGS, INCLUDING FOR ATTORNEYS FEES
AND RELATED COSTS SUCH AS TRACING FEES, MADE BY ANY THIRD
PARTY AND ARISING OUT OF OR IN CONNECTION WITH THE USERS USE OF THIS
WEB SITE, THIRD PARTY WEB SITES OR ANY OF THE SERVICES OFFERED
THROUGH SUCH SITES IN ANY WAY, INCLUDING BUT NOT LIMITED TO THE
PROVISION OF CONTENT.

11. Users agree that:
a. they will be irrevocably bound by the terms and conditions applicable to the
use of this web site
b. they will provide full and accurate information
c. it is the user’s responsibility to check and update information pertaining to
their user account
d. on registration they will provide a username and password
e. registration is for a single user and a subscriber’s username and password
cannot be shared with any other person
12. Users further undertake not to
a. impersonate any other person or use a false or unauthorised name so as to
create a false identity and/or e-mail address or to misrepresent the origin or
identity of any communications
b. make available or upload files that contain software or any other material not
owned or licensed to the subscriber
c. make use of the web site to collect, harvest or otherwise obtain personal
information relating to other users or subscribers.

RECEIPT OF DATA MESSAGES

13. Data messages, including e-mail messages, sent by users to the web site owner
shall be deemed to be received only when acknowledged or responded to.

14. A data message sent by the web site owner to users shall be regarded as received
when the complete data message enters an information system designated or used
for that purpose by the recipient and is capable of being retrieved and processed by
the recipient.

15. The web site owner reserves the right not to respond to any e-mail or other data
message which contains obscene, threatening, defamatory or otherwise illegal,
unlawful or inappropriate content, and to take the appropriate action against the
sender of such e-mail where necessary.

MONITORING AND INTERCEPTION OF DATA MESSAGES

16. In order to provide a relevant and secure service, and where required and permitted
to do so under law, the web site owner may monitor and/or intercept electronic
communications such as e-mail which are sent to this web site. To the full extent
necessary under law the user hereby acknowledges that he or she is aware of such
potential monitoring and/or interception and consents thereto.
Removal of content – notice of objection

17. If the web site owner receives a valid notice of objection relating to any content that
is posted on this web site then the web site owner, subject to the provisions of this
clause, will remove the content as contained on the Web site.

18. A valid notice of objection must be emailed or faxed to the web site owner and
include:

a. full names and address,
b. written or electronic signature,
c. identification of the right that has been infringed,
d. identification of the material or activity that infringes this right,
e. the remedial action needed,
f. the telephonic and electronic contact details,
g. a statement that the complainant is acting in good faith, and
h. a statement that the information is true and correct.

19. If the notice of objection does comply with clause 18 then the web site owner will
remove the content and inform the complainant and, if necessary, the third party that
posted that material immediately.

20. The web site owner expressly disclaims any liability which may arise as a result of
the removal of content pursuant to the receipt of a valid notice of objection.

Security

21. While we take all reasonable security precautions, no liability will lie for damage
caused by the malicious use of this site or by destructive data or code that is passed
on to the user through the use of this site.

22. The following acts in connection with this web site are expressly prohibited:
a. Gaining or attempting to gain unauthorised access to any web page or part of
this web site;
b. Delivering or attempting to deliver any unauthorised or malicious code or
content to this web site; and/or
c. Any amendment to or attempt to amend any of the content or any other part
of this web site by unauthorised persons.

23. We will pursue prosecution of and compensation from any person that delivers or
attempts to deliver any destructive code to this web site or attempts to gain
unauthorized access to any page on or part of this web site.

Copyright and Intellectual Property protection

24. Copyright in all information, logos, images, source codes and other original material
contained in this web site, which is not attributed to a third party, is held by or
licensed to the web site owner. The web site owner asserts and reserves all its
rights, including moral rights, in this regard. No right, title or interest in any
proprietary material or information contained in this web site is granted to users other
than set out above.

25. The web site owner grants to users a personal, non-exclusive, non-assignable and
non-transferable license to view, copy, download to a local drive, print and display all
content and information on any machine of which the user is the primary user
provided that such use:
a. Is for information purposes only;
b. Is for non-commercial purposes or within a non-commercial web site;
c. Any reproduction must acknowledge this web site as the source of the
information in a proper copyright notice.

26. Users are required to inform the web site owner of any non-commercial use by emailing
info@relatetech.com.

27. Users wishing to utilise content for their own commercial purposes may only doing
so with the prior written permission of the web site owner. Requests for commercial use
may be submitted by e-mailing info@relatetech.com. The granting or refusing of
permission is completely within the discretion of the web site owner, and may be
conditional.

28. Users are requested to note that intellectual property rights in certain material and/or
information contained on this web site may vest in a third party other than the web
site owner and that the user is under a legal duty to respect such rights.

Privacy and Confidentiality of communications

29. Further information regarding the manner in which we respect the privacy of users’
personal information is contained in our Privacy Policy, which form part of these
Terms and Conditions of Use. Please review this now.

30. The User’s attention is drawn to the fact that information transmitted via the Internet,
including e-mail, is susceptible to monitoring and interception. The User is therefore
discouraged from transmitting to the web site or web site owner any information that
may be confidential, proprietary, or sensitive. The User shall bear all risk of
transmitting such information in this manner and under no circumstances will the web
site owner be liable for any loss, harm, or damage suffered by the User as a result
thereof.

31. The web site owner reserves the right to request independent verification of any
information transmitted via e-mail and the User consents to such verification should
the web site owner deem it necessary.

32. Any unsolicited information or material sent to the web site or web site owner will be
deemed not to be confidential, unless otherwise agreed in writing by the web site
owner.

Advertising and sponsorship

33. This web site may contain advertising and sponsorship. Advertisers and sponsors
are responsible for ensuring that material submitted for inclusion in this web site
complies with all applicable laws and regulations.

34. The web site owner accordingly excludes, to the fullest possible extent permissible
under law, any responsibility or liability for any error or inaccuracy appearing in
advertising or sponsorship material.

Automated searching

35. Automated transactions and searches are subject to these terms and conditions.

36. The use of malicious search technology is prohibited.

37. The use of search technology in an unlawful manner or for the collecting or
harvesting of data for commercial gain is prohibited.

38. Search technology which does not unduly retard the operation of this web site is
acceptable but the web site owner reserves the right to prohibit any specific entity
from employing search technology on the web site.

Hyperlinks, deep links, framing and web crawlers

39. Persons, business and web sites are free to link to this web site. Please notify us of
any link created by e-mailing details of the link and the page to which it points to
info@relatetech.com. Permission to link to this web site is given without assumption
of any liability. We reserve the right to withdraw permission granted to link to this web
site at any time and for any reason.

40. Use of the sites or pages linked to is accordingly exclusively at the risk of the user.

41. The express permission in writing of the web site owner, which may be subject to
conditions, is required before this site, any of its pages and/or any of the information
contained on the site is framed. Requests for permission can be submitted by emailing
info@relatetech.com.

42. While the use of web crawlers and search software is permitted on this site, the web
site owner reserves the right to restrict the use of web crawlers in whole or in part as
it sees fit. You may not save the whole or any part of the source code of the Web site
nor may a person use any technology or application that extracts the source code of
the Web site and saves this information.

43. The user of electronic agents to harvest personal information from the web site
owner is strictly prohibited.

Termination of this agreement

44. The web site owner reserves the right, in its sole and absolute discretion and without
prior notification, to terminate the provision of this web site and/or to terminate the
access rights of any user where, for example and without limitation:
a.	The web site owner regards the action or inaction of a user to constitute a
breach of these terms and conditions;
b.	The web site owner regards the action or inaction of a user to constitute
abuse of the services offered through this web site.
c.	Events beyond the reasonable control of the web site owner, including
technical failures, prevent the continuing provision of the web site.

What law governs this Agreement?

45. Subject to the dispute resolution provisions below, the user hereby agrees that the
law applicable to these terms and conditions of use, their interpretation and any
matter or litigation in connection therewith or arising from them will be the law of
South Africa.

46. This web site is owned, hosted and maintained within the Republic of South Africa.

47. When using this site and agreeing to these Terms and Conditions such use and
agreement is deemed to have taken place in Cape Town, South Africa.

48. Users of this web site are encouraged to familiarise themselves with the South
African law relating to electronic communications and transactions as contained in
the Electronic Communications and Transactions Act 25 of 2002.

Dispute resolution

49. By accessing this Web site you acknowledge and agree that in the event of any
dispute or purported dispute arising out of use or inability to use this Web site, or
claim in respect of any service or product offered through the web site, or on any
matter provided for in, or arising out of this agreement, then that dispute shall be
submitted to www.trustenforce.org and decided by online mediation or arbitration.

50. Any dispute arising out of or in connection with these Terms and Conditions
Including any question regarding its existence, validity or termination, shall be settled by the
online dispute resolution process in accordance with the TrustEnforce.org Mediation
and Arbitration rules, which rules are deemed to be incorporated by reference into
this clause
.
51. Where the dispute has arisen in South Africa between parties in South Africa the
place of the arbitration is deemed to be Cape Town, so the arbitration will be
governed by these rules and by the arbitration law of South Africa and the dispute
will be resolved in accordance with the law of South Africa.

52. Where the dispute has arisen between parties in different countries the arbitration is
deemed to be an international arbitration, and the place of the arbitration is deemed
to be South Africa, so the arbitration will be governed by the TrustEnforce.org
mediation and arbitration rules and by the arbitration law of South Africa, which has
adopted the UNCITRAL Model Law on International Commercial Arbitration. In the
case of an international arbitration the dispute will be resolved in accordance with the
United Nations Convention on Contracts for the International Sale of Goods (1980)(if
concerned with the sale of goods)and the UNIDROIT Principles of International
Commercial Contracts (1994), supplemented where necessary by the CENTRAL List
of Lex Mercatoria principles, rules and standards.

53. The language used during the dispute resolution process will be English.

54. Further information on Trustenforce.org is available from www.trustenforce.org.
Amendment of the terms and conditions of this Agreement

55. Please note that, due to legal and other developments, we may be required to
amend these Terms and Conditions of Use from time to time. Please refer to the last
revision date at the foot of this page.

56. We will attempt to give notice of any amendments, but reserve the right to effect
binding amendments, additions or deletions without notice.
Enforceability of this Agreement & waivers

57. Users may not cede, sub-license or otherwise transfer any rights they may have
under these terms and conditions or which may otherwise have been obtained
through the use of this site.

58. Any failure by the web site owner to exercise or enforce any right or provision of
these Terms and Conditions of Use shall in no way constitute a waiver of such right
or provision.

59. In the event of any part of these Terms and Conditions being found to be partially or
fully unenforceable, for whatever reason, this shall not effect the application or
enforceability of the remainder of this Agreement.

60. These Terms of Use contain the record of the entire agreement between the user
and the web site owner.

61. Failure to enforce any provision of these Terms and Conditions shall not be deemed
a waiver of such provision nor of the right to enforce such provision.

Date of Last Review: 02 March 2006

Terms and Conditions
Access to and use of this site is provided by relate technologies subject to the following
Terms and Conditions. Use of this site constitutes your acceptance of these terms and
conditions which take effect on the date which you first use the site. relate technologies
reserves the right to change these terms and conditions at any time by posting changes
online. You are responsible for reviewing regularly information posted online to obtain
timely notice of such changes. Your continued use of this site after changes are posted
constitutes your acceptance of this agreement as modified by the posted changes.
Material may not be copied, reproduced, republished, downloaded, posted, broadcast or
transmitted in any way except for your own personal non-commercial home use. Any
other use requires the prior written permission of relate technologies. You agree not to
adapt, alter or create a derivative work from any of the material contained in this site or
use it for any other purpose other than for your personal non-commercial use. You agree
to use this site only for lawful purposes, and in a manner which does not infringe the
rights of, or restrict or inhibit the use and enjoyment of this site by any third party. Such
restriction or inhibition includes, without limitation, conduct which is unlawful, or which
may harass or cause distress or inconvenience to any person and the transmission of
obscene or offensive content or disruption of normal flow of dialogue within this site.
This site and the information, names, images, pictures, logos and icons regarding or
relating to relate technologies, its products and services (or to third party products and
services), is provided "AS IS" and on an "IS AVAILABLE" basis without any
representation or endorsement made and without warranty of any kind whether express or
implied, including but not limited to the implied warranties of satisfactory quality, fitness
for a particular purpose, non-infringement, compatibility, security and accuracy. In no
event will relate technologies be liable for any damages including, without limitation,
indirect or consequential damages, or any damages whatsoever arising from use or loss of
use, data, or profits, whether in action of contract, negligence or other tortuous action,
arising out of or in connection with the use of the site. relate technologies does not
warrant that the functions contained in the material contained in this site will be
uninterrupted or error free, that defects will be corrected, or that this site or the server that
makes it available are free of viruses or bugs or represents the full functionality, accuracy,
reliability of the materials.

The names, images and logos identifying relate technologies, or third parties and their
products and services are proprietary marks of relate technologies and/or third parties.
Nothing contained herein shall be construed as conferring by implication, estoppel or
otherwise any licence or right under any trade mark or patent of relate technologies or
any other third party.

If there is any conflict between these Terms and Conditions and rules and/or specific
terms of use appearing on this site relating to specific material then the latter shall prevail.
If any of these Terms and Conditions should be determined to be illegal, invalid or
otherwise unenforceable by reason of the laws of any state or country in which these
Terms and Conditions are intended to be effective, then to the extent and within the
jurisdiction which that Term or Condition is illegal, invalid or unenforceable, it shall be
severed and deleted from this clause and the remaining terms and conditions shall survive,
remain in full force and effect and continue to be binding and enforceable.
These Terms and Conditions shall be governed by and construed in accordance with the
laws of the Republic of South Africa. Disputes arising here from shall be exclusively
subject to the jurisdiction of the courts of the Republic of South Africa.
If these Terms and Conditions are not accepted in full, the use of this site must be
terminated immediately. For further information please contact info@relatetech.com