Terms & Conditions Document

TERMS AND CONDITIONS

1. COPYRIGHT

South Africa

. All rights not expressly granted are reserved. To obtain permissions for the commercial use of any content on this site contact The General Manager at +27 (0)86 111 4285 or e-mail info@cylon.biz.
1.2    Users may download, view and print content from this site for private and non-commercial purposes only.
1.3    All moral rights of Cylon Technology (Pty) Ltd and its employees/agents are reserved.
1.4    Cylon Technology (Pty) Ltd cannot screen or edit all the content available from the Cylon Technology (Pty) Ltd site and does not accept any liability for illegal, defamatory or obscene content. Users are encouraged to inform Cylon Technology (Pty) Ltd of any content that may be offensive or illegal.

2. INTELLECTUAL PROPERTY RIGHTS

2.1 All the content, trademarks and data on this web site, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, designs and agreements, are the property of or licensed to Cylon Technology (Pty) Ltd and as such are protected from infringement by local and international legislation and treaties.

3. ELECTRONIC COMMUNICATIONS

3.1 When a user visits Cylon Technology (Pty) Ltd or sends e-mails to Cylon Technology (Pty) Ltd, that user consents to receiving communications from Cylon Technology (Pty) Ltd electronically and agrees that all agreements, notices, disclosures and other communications sent by Cylon Technology (Pty) Ltd satisfies any legal requirements, including but not limited, to the requirement that such communications should be "in writing".

4. HYPERLINKS

4.1 No person, business or web site may link to any page on this site without the prior written permission of Cylon Technology (Pty) Ltd. Such permission could be obtained from the person referred to in clause 1 hereof. This clause does not apply to parties that have entered into e-trader agreements with Cylon Technology (Pty) Ltd.
4.2 Hyperlinks provided on this site to non-Cylon Technology (Pty) Ltd sites, are provided as is and Cylon Technology (Pty) Ltd does not necessarily agree with, edit or sponsor the content on such web pages.

5. FRAMING

5.1 No person, business or web site may frame this site or any of the pages on this site in any way whatsoever.

6. SPIDERS AND CRAWLERS

6.1 No person, business or web site may use any technology to search and gain any information from this site without the prior written permission of Cylon Technology (Pty) Ltd. Such permission could be obtained from the person referred to in clause 1 hereof.

7. DISCLAIMER

7.1    Apart from the provisions of sections 43(5) and 43(6) of the Electronic Communications and Transactions Act, neither Cylon Technology (Pty) Ltd nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this web site or the services or content provided from and through this web site. Furthermore, Cylon Technology (Pty) Ltd makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this web site are free from errors or omissions or that the service will be 100% uninterrupted and error free. Users are encouraged to report any possible malfunctions and errors to the person referred to in clause 1.
7.2    This web site is supplied on an "as is" basis and has not been compiled or supplied to meet the user's individual requirements. It is the sole responsibility of the user to satisfy itself prior to entering into this agreement with Cylon Technology (Pty) Ltd that the service available from and through this web site will meet the user's individual requirements and be compatible with the user's hardware and/or software.
7.3    Information, ideas and opinions expressed on this site should not be regarded as professional advice or the official opinion of Cylon Technology (Pty) Ltd and users are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this site.
7.5    Neither Cylon Technology (Pty) Ltd nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use any product sold via this web site.

8.0 VALUE ADDED TAX:

8.0.1 Value added tax at the rate of 14% is charged on goods and services bought by South African residents.
8.0.2 VAT is not payable on international orders.

8.4 IMPORT DUTIES:

8.4.1 Import duties may be payable by recipients of goods in foreign countries. Cylon Technology (Pty) Ltd does not know what levies may be payable.

9. GOVERNING LAW

10. PRIVACY

10.1 Cylon Technology (Pty) Ltd shall take all reasonable steps to protect the personal information of Users. 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/html/govdocs/legislation/2000/act2.pdf

10.2    Cylon Technology (Pty) Ltd may electronically collect, store and use the following personal information of Users:
10.2.1    name and surname;
10.2.2    birth date;
10.2.3    gender;
10.2.4    country of residence;
10.2.5    closest city;
10.2.6    non-personal browsing habits and click patterns;
10.2.7    e-mail address; and
10.2.8    IP address.

10.3    Cylon Technology (Pty) Ltd1 collects, stores and uses the abovementioned information for the following purposes:
10.3.1    to greet the User when he/she accesses the Cylon Technology (Pty) Ltd web site;
10.3.2    subject to the User's consent, inform the User of facts relating to his/her access and use of the Cylon Technology (Pty) Ltd website;
10.3.3    subject to the User's consent, inform the User about competitions and special offers from Cylon Technology (Pty) Ltd and/or its partners / affiliates;
10.3.4    to compile non-personal statistical information about browsing habits, click-patterns and access to the Cylon Technology (Pty) Ltd web site.

10.4 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.

10.5 The User may elect not to receive any communications from Cylon Technology (Pty) Ltd and/or its partners / affiliates.

10.6    Cylon Technology (Pty) Ltd may collect, maintain, save, compile, share, disclose and sell any information collected from users, subject to the following provisions:
10.6.1    Cylon Technology (Pty) Ltd shall not disclose personal information from Users unless the User consents thereto;
10.6.2    Cylon Technology (Pty) Ltd shall disclose information without the User's consent only through due legal process; and
10.6.3    Cylon Technology (Pty) Ltd may compile, use and share any information that does not relate to any specific individual.

10.7 Cylon Technology (Pty) Ltd owns and retains all rights to non-personal statistical information collected and compiled by Cylon Technology (Pty) Ltd.

11. SECURITY

11.1    Any person that delivers or attempts to deliver any damaging code to this web site or attempts to gain unauthorised access to any page on this web site shall be prosecuted and civil damages shall be claimed in the event that Cylon Technology (Pty) Ltd suffers any damage or loss.
11.2    The user agrees and warrants that its log-in name and password shall:
11.2.1    be used for personal use only; and
11.2.2    not be disclosed to any third party.
11.3    The user allows Cylon Technology (Pty) Ltd to take all reasonable steps to ensure the integrity and security of the Cylon Technology (Pty) Ltd site and back-office applications.

12. CHANGES TO AGREEMENT

12.1 Cylon Technology (Pty) Ltd may, in its sole discretion, change this agreement or any part thereof at any time without notice.

13. DISPUTES

13.1 In the event of any dispute of any nature whatsoever arising between the parties on any matter provided for in, or arising out of this agreement, and not resolved through the Customer Relations Department of Cylon Technology (Pty) Ltd , then such a dispute shall be submitted to confidential arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa. Arbitration proceedings shall be conducted in Johannesburg in English. The arbitration rules may be downloaded from: http://www.arbitration.co.za/Pages/docs/expedited_rules.pdf.

14. DOMICILIUM

14.1 Cylon Technology (Pty) Ltd chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature, 193 Hole-in-One Road, Ruimsig, Roodepoort.

15. TERM AND TERMINATION

15.1 This agreement shall commence when the user registers on the Cylon Technology (Pty) Ltd site and continues indefinitely until terminated by Cylon Technology (Pty) Ltd in terms of clause 12 hereto or for any other reason.

16. GENERAL INFORMATION

16.1 Cylon Technology (Pty) Ltd Reg No:. Directors: S.Mseleku(Chairman), P.V.Briggs(CEO), A.Mothiba, M.S.van Niekerk, W.Goosen, T.Tau(non-exec)