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These Terms and Conditions are for the usage of the www.netsoft.co.za website and all the pages directly linked to that website. If you continue to utilise the www.netsoft.co.za website and you do not agree to these terms and conditions you will then be bound to these terms and conditions.

 
Definitions and interpretations
 

a)   Nyala Communications (Pty) Ltd trading as NetSoft Inc. is an IT services company registered in terms of the companies laws of South Africa.
b)   “Nyala Comms” means Nyala communications (Pty) Ltd.
c)   “NetSoft Inc.” means Nyala communications (Pty) Ltd.
d)   “NetSoft Inc. Website” means the Nyala Communications NetSoft Inc. Website located at www.netsoft.co.za and includes any part or element thereof.
e)   “User” means any person who enters or uses the NetSoft Inc. Website.
f)   References herein to the singular includes the plural and vice versa.

 
1. Website Usage
 
1.1 You, the user, warrants that you use the NetSoft Inc. Website at your own risk.
   
1.2 The purpose of the NetSoft Inc. Website is to provide the user with information regarding the products and services of Nyala Comms specifically related to NetSoft Inc..
   
1.3 The information in this document is not intended to constitute Information Technology, Consulting or other professional advice or services. Please consult one of our Sales professionals or consultants:
   
  1.3.1 The information in this document is not intended to constitute Information Technology, Consulting or other professional advice or services. Please consult one of our Sales professionals or consultants:
Before making any decision or taking any action that might affect your personal finances or business;
  1.3.2 for any further information relating to the products or service displayed on the NetSoft Inc. Website.
   
1.4 The NetSoft Inc. website and the information, content and/or services are provided "as is":
   
  1.4.1 Nyala Comms makes no express or implied representations or warranties with regard thereto;
  1.4.2 Without limiting the generality of the foregoing, Nyala Comms, its information providers, licensors, suppliers, employees, agents, and Internet service providers providing access to the NetSoft Inc. Website does not warrant that the NetSoft Inc. website or information will be error-free or will meet any particular criteria of performance or quality other than those warranties that are implied by and incapable of exclusion, restriction, or modification under the laws applicable to this agreement.
   
1.5 Nyala Comms reserves the right, in its sole and absolute discretion, to amend this agreement at any time.
   
1.6 At Nyala Comms’s discretion a representative of Nyala Comms may remove, alter, modify, supplement and/or restrict access to the services, content, information, software, or file(s) appearing on or transmitted through the NetSoft Inc. Website:
   
  1.6.1 The NetSoft Inc. website may include technical or other inaccuracies or typographical errors;
  1.6.2 Changes and amendments are periodically made to the information herein.
   
1.7 Nyala Comms reserves the right to change and amend the prices and rates quoted on the NetSoft Inc. Website without any notice. Any services or products displayed on the NetSoft Inc. Website is merely an invitation to do business and shall not be construed as an offer by Nyala Comms to you the user.
   
1.8 Communicating with Nyala Comms by electronic means or through the NetSoft Inc. Website, the user consents and acknowledges that any and all agreements, notices, disclosures, or any other communication satisfies any legal requirement, including but not limited to the requirement that such communications should be "in writing".
   
1.9 It is expressly prohibited for any person, business, or entity to gain or attempt to gain unauthorised access to any page on the NetSoft Inc. Website, or to deliver or attempt to deliver any unauthorised, damaging or malicious code to the NetSoft Inc. Website:
   
  1.9.1 Any person who delivers or attempts to deliver any unauthorised, damaging or malicious code to the NetSoft Inc. Website or attempts to gain unauthorised access to any page on the NetSoft Inc. Website shall be held criminally liable;
  1.9.2 and in the event that Nyala Comms should suffer any damage or loss, civil damages will be claimed.
   
1.10 Whilst Nyala Comms has taken reasonable measures to ensure the integrity of the NetSoft Inc. Website and its contents, no warranty, whether express or implied is given that any files, downloads or applications available via the NetSoft Inc. Website are free of viruses, trojans, bombs, time-locks or any other data or code which has the ability to corrupt, damage or affect the operation of the user's system.
 
2. Intellectual property, Trade Marks, Copyright
 
2.1 All content, trademarks and data on the NetSoft Inc. website, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, and designs are the property of or licensed to Nyala Comms, and as such, are protected from infringement by domestic and international legislation and treaties.
   
2.2 All rights not expressly granted are reserved.
   
2.3 The intellectual property rights in all content, information, services and/or software vesting in Nyala Comms shall continue to vest in Nyala Comms and no right, title or interest in any proprietary material or information contained in the NetSoft Inc. website is granted to you.
   
2.4 Unauthorised copying of content, information, software, or file(s), including content, information, software, or file(s) that have been amended, modified, combined or included with such content, information, software, or file(s), or the written materials associated therewith is expressly prohibited.
   
2.5 Any violation of points 2.1 to 2.4 shall result in the immediate termination of this agreement by Nyala Comms without notice.
   
2.6 You, the user, shall be responsible for all use of the information, content or service accessed through your user account, which may be determined by cookies, password(s) or authentication certificate(s).
   
2.7 You, the user hereby ratify, guarantee and agree to be personally liable for any and all obligations entered into or assumed by others who use the information, content or services through your user account.
   
2.8 You, the user, hereby acknowledge that certain information, content, service and/or links may contain objectionable images, materials, content or information.
 
3. Privacy Policy
 
3.1 You the User as a visitor do not have to submit any personal information in order to use the NetSoft Inc. Website.
   
3.2 The NetSoft Inc. Website collects only personally identifiable information that is specifically and voluntarily provided by you the User. Such information may consist of, but is not limited to, your name, current job title, company address, email address and telephone and fax numbers.
   
3.3 To facilitate improved navigation within the NetSoft Inc. Website, Nyala Comms may use cookies or Web beacons (electronic images that allow the NetSoft Inc. Website to count visitors who have accessed a particular page and to access certain cookies) to collect aggregate data:
   
  3.3.1 Nyala Comms may use such devices to track information on Nyala Comms systems and identify categories of visitors by items such as IP address, domain, browser type and pages visited;
  3.3.2 This information is reported to Nyala Comms Webmasters who use the information to analyse the number of visitors to different areas of the NetSoft Inc. Website and to make sure that the NetSoft Inc. Website is serving as a useful, effective information source.
   
3.4 Neither cookies nor Web beacons collect personal information such as the User’s name or email address. However, under specific circumstances, the User may be denied access to some parts of the NetSoft Inc. Website if the User’s browser is set to decline cookies.
   
3.5 Personal information is used only for limited purposes.
   
3.6 At times Nyala Comms may use the information providing to send marketing material containing information about Nyala Comms’s service offerings via email:
   
  3.6.1 Nyala Comms will try their utmost to gain consent from the User prior to sending this information;
  3.6.2 If you the User receive these specific emails, you may at any time request that Nyala comms discontinue sending you such materials.
   
3.7 Information collected is not disclosed with third parties or other Nyala Comms entities for secondary or unrelated purposes unless otherwise disclosed at the point of collection:
   
  3.7.1 However where appropriate, personal information may be disclosed to law enforcement, regulatory or other government agencies, or third parties where necessary or desirable to comply with legal or regulatory obligations or requests or for the purposes identified above;
  3.7.2 If you the User have any questions or concerns regarding your privacy while using the NetSoft Inc. Website, please direct them to Webmaster Service using the contact link;
  3.7.3 In all cases Nyala Comms will treat requests to access information or change information in accordance with applicable legal requirements;
  3.7.4 It is not Nyala Comms policy to intentionally collect or maintain information about anyone under the age of 18 years.
 
4. Transmission of Information
 
4.1 The user acknowledges that information transmitted via the Internet, including without limitation e-mail, is susceptible to monitoring and interception:
   
  4.1.1 The user is therefore discouraged from transmitting to Nyala Comms any information that may be confidential, proprietary, or sensitive;
  4.1.2 Under no circumstances will Nyala Comms be liable for any loss, harm, or damage suffered by the user as a result thereof.
   
4.2 Nyala Comms reserves the right to request independent verification of any information transmitted via e-mail and the user consents to such verification should Nyala Comms deem it necessary.
 
5. Linking and Framing
 
5.1 It is expressly prohibited for any person, business, entity or website:
   
  5.1.1 to link to any page on the NetSoft Inc. Website, including the home page, without the prior written approval of Nyala Comms;
  5.1.2 to frame any page on the NetSoft Inc. Website, including the home page, in any way whatsoever, without the prior written approval of Nyala Comms.
   
5.2 Linked websites or pages are not subject to the control of Nyala Comms.
   
5.3 Nyala Comms shall not be held responsible or liable, directly or indirectly, in any way for the contents, use, or inability to use or access any linked websites or any links contained in a linked website
 
6. Limitation of Liability
 
6.1 The user's use of the NetSoft Inc. Website and the information contained therein is entirely at the user's own risk and the user assumes full responsibility and risk of loss resulting from the use thereof.
   
6.2 Neither Nyala Comms, its affiliates, or their shareholders, agents, consultants or employees will be liable for any damages whatsoever, including, without limitation any direct, indirect, special, incidental, consequential or punitive damages, whether in an action arising out of contract, statute, delict or otherwise, relating to the use of, or inability to use, the NetSoft Inc. Website or the information contained therein.
   
6.3 These Terms and Conditions of Use constitute the entire agreement between Nyala Comms and you, the user of the NetSoft Inc. Website.
   
6.4 Any failure by Nyala Comms 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.
   
6.5 In the event that any term or condition of the use of the NetSoft Inc. Website is not fully enforceable or valid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall not be affected by such unenforceability or invalidity and shall remain enforceable and applicable.
 
7. Applicable Law
 
7.1 This User Agreement is concluded in the Republic of South Africa, and shall be governed by and construed in accordance with the laws of the Republic of South Africa and the jurisdiction of the South African courts.
   
7.2 The parties hereto acknowledge that they are barred from instituting any action or legal proceeding or process more than one year after the day on which the claim or cause of action arose.
   
7.3 Alternative Dispute Resolution, subject to urgent and/or interim relief, all disputes regarding:
   
  7.3.1 These terms and conditions;
  7.3.2 Access to the NetSoft Inc. Website;
  7.3.3 The inability to access the NetSoft Inc. Website;
  7.3.4 The services and content available from the NetSoft Inc. Website,
   
  Shall be referred to arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa and such arbitration proceedings shall be conducted in Durban in English. The arbitration ruling shall be final and the unsuccessful party shall pay costs of the successful party on a scale as between attorney and own client.
 
8. Contact Information
 
8.1 If you have any questions, queries or wish to request permission to use any part of the NetSoft Inc. Website, including, linking, framing, or searching, please contact us at:
   
  8.1.1 Physical Address - 69 Ramsay Avenue, Mayville, Durban, 4001;
  8.1.2 Postal Address - P.O.Box 51257,Musgrave Road, 4062;
  8.1.3 Telephone Number - +27 31 2408700;
  8.1.4 FAX Number - +27 31 2085444;
  8.1.5 Email - info@netsoft.co.za
   
8.2 Directors - Craig Dixon, Tarquin Douglass
   
8.3 Registration Number - 2003/026402/07
 

© Nyala Communications 2004. All Rights Reserved. No person is allowed to copy or use this document.

 

 
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