THESE TERMS AND CONDITIONS ARE BINDING AND ENFORCEABLE AGAINST ALL PERSONS THAT ACCESS THE CHIP-CHOP POS WEBSITE OR ANY PART THEREOF, 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 CHIP-CHOP POS WEBSITE NOW, AS FURTHER USE WILL AUTOMATICALLY BIND YOU TO THESE TERMS AND CONDITIONS. A COPY OF THE ECT ACT MAY BE DOWNLOADED FROM: http://www.polity.org.za/page.php?rep_id=473
1. DEFINITIONS AND INTERPRETATION
1.1. “Chip-Chop POS Web Site" means the Chip-Chop POS site located at http://www.chipchoppos.com and includes any part or element thereof.
1.2. "Chip-Chop POS Services" means the electronic interchange of documents and payments relating to products from Chip-Chop POS.
1.3. "User" means any person who enters or uses the Chip-Chop POS website, notwithstanding the fact that such a person only visited the home page of the Chip-Chop POS website.
1.4. "Submit" means the action whereby any related Data Message is physically approved for transmission and processing by Chip-Chop POS.
1.5. "Data message" means data generated, sent, received or stored by electronic means.
1.6. References herein to the singular includes the plural and vice versa.
1.7. 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 determination of the validity and interpretation of these terms and conditions.
2. ALLOWED USE AND LICENSE
2.1. Chip-Chop POS licenses the User to view, download and print the content of the Chip-Chop POS website, provided that such content is used for personal, educational and/or non-commercial purposes only.
2.2. Content from the Chip-Chop POS website shall not be used or exploited by Users for any commercial and non-private purposes without the prior written consent of Chip-Chop POS.
2.3. Users may only access and use the Chip-Chop POS website for legal purposes.
2.4. The caching of the Chip-Chop POS 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 Chip-Chop POS 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 twelve (12) hours.
2.4.4. The cached content is removed or updated when so required by Chip-Chop POS.
2.4.5. If any User uses content from the Chip-Chop POS website in breach of the provisions detailed herein: Chip-Chop POS reserves the right to claim damages from the User. Chip-Chop POS reserves the right to institute criminal proceedings against the User. Chip-Chop POS 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.
2.5. Hyperlinks to the Chip-Chop POS website from any other source shall be directed at the home page of the Chip-Chop POS website. Chip-Chop POS shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of content from the Chip-Chop POS website, if such content was accessed through a hyperlink not directed at the home page of the Chip-Chop POS website. Persons that wish to link to content beyond the home page of the Chip-Chop POS website shall do so at their own risk and indemnify Chip-Chop POS against any loss, liability or damage that may result from the use of content from the Chip-Chop POS website, if such content was accessed through a hyperlink not directed at the home page of the Chip-Chop POS website. Chip-Chop POS's non-liability for deep linking is based on the fact that deep links bypass these terms and conditions.
2.6. Users may quote small and reasonable amounts of content available from the Chip-Chop POS website only if such quote is placed in inverted commas and acknowledged.
2.7. No person may frame the Chip-Chop POS website, in any manner whatsoever, without the prior written consent of Chip-Chop POS.
2.8. Apart from bona-fide search engine operators and use of the search facility provided on the Chip-Chop POS 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 Chip-Chop POS website for any purposes, without the prior written consent of Chip-Chop POS.
2.9. All licenses 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 Chip-Chop POS at any time without giving reasons therefore.
3. SOFTWARE AND EQUIPMENT
It is the responsibility of the User to acquire and maintain, at his/her own expense, the computer hardware, system and information security, software, lines and access accounts to access the Internet and the Chip-Chop POS website and/or download content from this website.
4. DISCLOSURES REQUIRED BY SECTION 43 OF THE ECT ACT
Access to the services, content, software and content downloads available from the Chip-Chop POS 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 Chip-Chop POS has the duty to disclose the following information:
4.1. The full name and legal status of the website owner: ProgramIT (Pty) Ltd
4.2. Street address: 21 Mare Street, Kampersrus, 1381, South Africa
4.3. Postal address: P O Box 934, Hoedspruit, 1380, South Africa
4.4. Physical address for receipt of legal service: 21 Mare Street, Kampersrus, 1381, South Africa
4.5. Main business: Computer related services including hardware and software.
4.6. The website address of the Chip-Chop POS website is: http://www.chipchoppos.com
4.7. The official e-mail address of the Chip-Chop POS website is: email@example.com
4.8. Membership of self-regulatory or accreditation bodies: None
4.9. Codes of conduct to which the Chip-Chop POS website subscribes: None
4.10. The Manual published in terms of section 51 of the Promotion of Access to Information Act 2 of 2000 of the owner of the Chip-Chop POS website may be downloaded from: http://www.chipchoppos.com
4.11. Management: Chip-Chop POS Business Owner Telephone: (072) 741 0407
4.12. The costs associated with the access and use of the Chip-Chop POS website: Free of charge
4.13. Users may lodge complaints concerning the Chip-Chop POS website with Chip-Chop POS at firstname.lastname@example.org
4.14. 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. INTELLECTUAL PROPERTY RIGHTS AND DOMAIN NAME USE
5.1. All intellectual property on the Chip-Chop POS 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 Chip-Chop POS 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 Chip-Chop POS website are expressly reserved.
5.2. Users agree not to use the trade name "Chip-Chop POS" 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 Chip-Chop POS at the cost of the User.
6. CHANGES AND AMENDMENTS
6.1. Chip-Chop POS expressly reserves the right, in its sole and absolute discretion, to do any of the following, at any time without prior notice:
6.1.1. change the content and/or services available from the Chip-Chop POS website.
6.1.2. discontinue any aspect of the Chip-Chop POS website or service(s) available from the Chip-Chop POS website.
6.1.3. change the software and hardware required to access and use the Chip-Chop POS website.
6.1.4. change these terms and conditions.
6.2. In view of the possibility of the amendments and changes contemplated in this clause, the terms and conditions of these Chip-Chop POS Services should be regularly checked, and if you access Chip-Chop POS Services on this website, you are deemed to have agreed to such amended and/or changed terms and conditions.
7.1. Chip-Chop POS 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). The PAIA may be downloaded from: http://www.polity.org.za/page.php?rep_id=471
7.2. Chip-Chop POS may electronically collect, store and use the following personal information of Users:
7.2.1. name and surname
7.2.2. e-mail address
7.2.3. contact details
7.2.4. business names
7.2.5. trade names
7.3. Chip-Chop POS collects, stores and uses the abovementioned information for the following purposes:
7.3.1. communicate requested information to the User
7.3.2. to compile non-personal statistical information about Users
7.4. Information detailed above is collected electronically and Submit voluntarily by the User.
7.5. Chip-Chop POS may collect, maintain, save, compile, share, disclose and sell any information collected from Users, subject to the following provisions:
7.5.1. Chip-Chop POS shall not disclose personal information from Users unless the User consents thereto.
7.5.2. Chip-Chop POS shall disclose information without the User's consent only through due legal process.
7.5.3. Chip-Chop POS may compile, use and share any information that does not relate to any specific individual.
7.5.4. Chip-Chop POS owns and retains all rights to non-personal statistical information collected and compiled by Chip-Chop POS.
7.5.5. Any User who obtains information regarding another person, must:
a) Contact Chip-Chop POS immediately to disclose this fact and the circumstances under which the information was obtained.
b) Follow any processes that Chip-Chop POS prescribes to remove or destroy the information.
c) Not disclose the information to any other person in any manner whatsoever, nor retain the information in any form.
8. HYPERLINKS TO THIRD PARTY SITES
8.1. Chip-Chop POS may provide hyperlinks to websites not controlled by Chip-Chop POS (target sites) and such links do not imply any endorsement, agreement on or support for the content of such target sites.
8.2. Chip-Chop POS 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. Chip-Chop POS shall take all reasonable steps to secure the content of the Chip-Chop POS website and the information provided by and collected from Users from unauthorised access and/or disclosure.
9.2. Users may not deliver or attempt to deliver, whether on purpose or negligently, any damaging code, such as computer viruses, to the Chip-Chop POS website or the server and computer network that support the Chip-Chop POS website.
9.3. Notwithstanding criminal prosecution, any person who delivers any damaging code to the Chip-Chop POS website, whether on purpose or negligently, shall, without any limitation, indemnify and hold Chip-Chop POS harmless against any and all liability, damages and losses Chip-Chop POS and its partners / affiliates may suffer as a result of such damaging code.
9.4. Users may not develop, distribute or use any device to breach or overcome the security measures of the Chip-Chop POS site and Chip-Chop POS reserves the right to claim damages any and all persons concerned with a security failure or breach.
9.5. Users may not interfere with data or services in any way to cause data or services to be modified, destroyed or otherwise rendered ineffective (e.g. denial of service attacks).
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 Chip-Chop POS and its partners / affiliates. The ECT Act may be downloaded from: http://www.polity.org.za/page.php?rep_id=473
10. DISCLAIMER AND LIMITATION OF LIABILITY
10.1. Subject to the provisions of sections 43(5) and 43(6) of the ECT Act, if applicable, and as far as allowed by law, Chip-Chop POS (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 Chip-Chop POS website
10.1.2. access to websites linked to the Chip-Chop POS website
10.1.3. inability to access the Chip-Chop POS website
10.1.4. inability to access websites linked to the Chip-Chop POS website
10.1.5. content and software available on the Chip-Chop POS website
10.1.6. services available from the Chip-Chop POS website
10.1.7. downloads and use of content from the Chip-Chop POS website
10.1.8. any other reason not directly related to Chip-Chop POS's gross negligence
10.2. The Chip-Chop POS 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 Chip-Chop POS, that the content available from and through the Chip-Chop POS website meet 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 Chip-Chop POS website should not be regarded as professional advice or the official opinion of Chip-Chop POS and Users are encouraged to consult professional advice before taking any course of action related to the information, ideas or opinions expressed on the Chip-Chop POS website.
10.4. Chip-Chop POS does not make any warranties or representation that content and services available from the Chip-Chop POS website will in all cases be true, correct or free from any errors. Chip-Chop POS shall take all reasonable steps to ensure the quality and accuracy of content available from the Chip-Chop POS website.
10.5. Chip-Chop POS does not make any warranties or representations that the Chip-Chop POS website shall be available at all times. Users acknowledge that the Chip-Chop POS website may be unavailable due to updates or other causes beyond the reasonable control of Chip-Chop POS, including, but not limited to virus infection, unauthorised access (hacking), power failure or other "acts of God".
11. INTERCEPTION OF COMMUNICATIONS
11.1. Subject to the provisions of the Regulation of Interception of Communications (RIC) Act 70 of 2002, the User agrees to Chip-Chop POS's right to intercept, block, filter, read, delete, disclose and use all communications send or posted by the User to the Chip-Chop POS website, its staff and employees.
11.2. 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.
12. AGREEMENT IN TERMS OF SECTION 21 OF THE ECT ACT
The User and Chip-Chop POS agree that:
12.1. The User shall be bound to these terms and conditions and such agreement is concluded in Kampersrus (South Africa) at the time the User enters the Chip-Chop POS website for the first time or immediately after the User indicated consent as required in Content Usage Agreement.
12.2. Data Messages (as defined in the ECT Act) addressed by the User to Chip-Chop POS shall only be deemed to have been received if and when responded to and/or acknowledges receipt.
12.3. Data Messages (as defined in the ECT Act) addressed to the User by Chip-Chop POS shall be deemed to be received by the User as detailed in section 23(b) of the ECT Act.
12.4. Data Messages (as defined in the ECT Act) addressed by the User to Chip-Chop POS shall be deemed to have been created and send by the User from within the geographical boundaries of South Africa.
12.5. All electronic communications between the User and Chip-Chop POS is valid and legally binding regardless of whether security mechanisms are applied or not (e.g. electronic signatures and encryption).
12.6. The User agrees and warrants that Data Messages that are sent to Chip-Chop POS from a computer, IP address or mobile device normally used by or owned by the User, was sent and/or authorised by the User personally.
13. REMOVAL AND CORRECTION OF CONTENT
Users are encouraged to report untrue, inaccurate, defamatory, illegal, infringing and/or harmful content available from the Chip-Chop POS website to Chip-Chop POS and Chip-Chop POS 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.
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.
15. ENTIRE AGREEMENT AND WAIVER
15.1. Subject to the provisions of this License, these terms and conditions constitute the entire agreement between Chip-Chop POS and the User and shall take precedent over any disclaimers and/or legal notices attached to any communications and/or postings received by Chip-Chop POS from the User.
15.2. Any failure by Chip-Chop POS to exercise or enforce any right or provision shall in no way constitute a waiver of such right or provision.
16. APPLICABLE AND GOVERNING LAW
The Chip-Chop POS 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 Chip-Chop POS website, its content, services and these terms and conditions.
17. LEGAL COSTS
Chip-Chop POS shall not be liable for costs incurred by Users to obtain professional advice relating to these terms and conditions.