IQBUSINESS INSIGHTS (PTY) LTD (‘IQBI’) TERMS AND CONDITIONS OF USE

 

DEFINITIONS AND INTERPRETATION

In these terms and conditions, the following expressions bear the meanings assigned to them below and cognate expressions bear corresponding meanings:

  1. “ECT Act” means the Electronic Communications and Transactions Act No. 25 of 2002, as amended from time to time;
  2. “Intellectual Property Rights” means all and any of the rights in and to intellectual property of any nature whatsoever owned and/or controlled directly or under licence by IQBI, now or in the future including, without limitation, IQBI’s rights, title and interest in and to all technology, source code(s), trade secrets, logos, systems, methods, trademarks, trade names, styles, insignia, designs, patents and copyright, and all similar proprietary rights which may subsist in any part of the world, whether registered or not;
  3. “IQbusiness Insights” or “IQBI” means IQbusiness Insights (Pty) Ltd, a company registered in accordance with the laws of the republic of South Africa and its subsidiaries;
  4. “Terms” means the agreement set out in this document, as amended from time to time;
  5. “User” means any person who enters and utilises this Website;
  6. “Website” means the website owned and operated by IQBI, available at https://www.african-pulse.com, including any page, part or element thereof.


Hyperlinks herein to legal documents shall be deemed part of these Terms in terms of section 11(3) of the ECT Act. The fact that some or all of the hyperlinks may, from time to time, be non-operational, shall not affect the validity and interpretation of these Terms.

 

INTRODUCTION

These terms pertain to the access and use of the information, services and functions provided on the Website and are valid, binding and enforceable against all persons that access this Website, its web pages or any part thereof.

IQBI permits the use of this Website subject to the Terms. By using this Website, the User shall be deemed to have accepted all the Terms on an unconditional basis. If the User does not agree to be bound by these Terms, the User must leave the Website without delay, as further use will automatically bind the User to these Terms.

If the User is under the age of 18 (eighteen) years, the User must obtain the User’s parents’ or legal guardians’ advance authorisation, permission and consent to be bound by these Terms before utilising any services offered on this Website.

IQBI reserves the right, in its sole discretion, to amend and/or replace any part or the whole of the Terms. Such amendments shall supersede and replace any previous Terms and shall be made available on the Website. Each time a User accesses the Website and/or uses the services available, the User shall be deemed to have consented, by such access and/or use, to the Terms, as amended and/or replaced by IQBI from time to time. If the User is not satisfied with the amended Terms, the User should refrain from using the Website.

There is no legal entitlement to the benefits of the functions and services offered on this Website and IQBI has the right to refuse provision of its services without providing explanation.

If there is anything in these Terms that the User does not understand, please contact IQBI as soon as possible on the contact details provided for in clause 12.2 below.

 

CONTENT OF THE WEBSITE AND DISCLAIMERS

This Website is supplied on an “as is” basis and has not been compiled or supplied to meet the User’s individual requirements. The User agrees that such information is provided “as is” and that IQBI and its online partners shall not be liable for any losses or damages that may arise from the User’s reliance on it, howsoever these may arise.

It is the sole responsibility of the User to satisfy themself prior to entering into these Terms that the services available from and through this Website will meet the User’s individual requirements and be compatible with the User’s hardware and/or software, where applicable.

Information, ideas and opinions expressed on this Website should not be regarded as legal or other professional advice or the official opinion of IQBI, and Users are encouraged to consult professional advice before taking any course of action in relation to information, ideas or opinions expressed on this Website.

IQBI reserves the right to make improvements or to change or to discontinue, without notice, any aspect or feature of the Website and any information or content on the Website.

IQBI reserves the right to change and amend the services it offers on this Website from time to time and without notice.

IQBI may use the services of third parties to provide information on the Website. IQBI has no control over this information and makes no representations or warranties of any nature as to its accuracy, appropriateness or correctness.

IQBI makes no representations or warranties, whether express or implied, as to the accuracy, completeness or reliability of any information, data and/or content on the Website including, without limitation:

  1. IQBI does not warrant that the Website or information or downloads shall be error-free or that they shall meet any particular criteria of performance or quality. IQBI expressly disclaims all implied warranties including, without limitation, warranties of merchantability, fitness for a particular purpose, non-infringement, compatibility, security and accuracy;
  2. Whilst IQBI has taken reasonable measures to ensure the integrity of the Website and its contents, no warranty, whether express or implied, is given that any files, downloads or applications available via this Website are free of viruses, or any other data or code which has the ability to corrupt, damage or affect the operation of the User’s system; and
  3. IQBI disclaims any responsibility for the verification of any claims. Information published on this Website may be done so in the format in which IQBI receives it and statements from external parties are accepted as fact.

 

ACCOUNT REGISTRATION

IQBI may enable the User to establish an account with a username and password to access and use certain areas of this site and other services.

The User shall provide IQBI with accurate account information.

The User is responsible for maintaining the strict confidentiality of the account.

The User agrees to immediately notify IQBI of any unauthorised use of the account or any other breach of security.

It is the User’s sole responsibility to control the dissemination and use of his/her password, control access to and use of the account, and notify IQBI should the User wish to cancel the account.

IQBI will not be responsible or liable for any loss or damage arising from the User’s failure to comply with this provision.

In the event of misconduct or misuse, IQBI reserves the right to restrict, suspend or terminate the User’s use of the Website.

 

LINKED THIRD PARTY WEBSITES AND THIRD-PARTY CONTENT

IQBI may provide links to third party websites on the Website (“External Websites”). These links are provided to the User for convenience purposes only and IQBI does not endorse, nor does the inclusion of any link imply IQBI’s endorsement of such External Websites, their owners, licensees or administrators or such External Websites’ content or security practices and operations.

While IQBI tries to provide links only to reputable External Websites or online partners, IQBI does not accept responsibility or liability for the information provided on such External Websites. External Websites or pages are not under, nor subject to, the control of IQBI. IQBI is not responsible for and gives no warranties or representations in respect of the privacy policies or practices of External Websites.

The User agrees that IQBI shall not be held liable, directly or indirectly, in any way for the content, the use or inability to use or access any External Website or any link(s) contained in an External Website, nor for any loss or damage of any sort incurred as a result of any dealings with, or as the result of the presence of such External Websites on the Website. Any dealings that the User may have with any External Websites, including advertisements, found on the Website, are solely between the User and the External Website and the User enters the External Website at their own risk.

 

MARU

This Website is operated by IQBI and Maru

By accessing or using this Website, the User agrees to be bound by the terms and conditions set forth by both IQBI and Maru

For ease of reference, a copy of Maru terms and conditions can be found at https://www.african-pulse.com

 

USAGE RESTRICTIONS

The User hereby agrees that it shall not itself, nor through any third party:

  1. copy (other than for backup, archival or disaster recovery purposes), reproduce, translate, adapt, vary, modify, lease, licence, sub-licence, encumber or in any other way deal with any part of the Website for any reason and in any manner, unless it is consistent with the intent and purpose of these Terms;
  2. decompile, disassemble or reverse engineer any portion of the Website;
  3. write and/or develop any derivative of the Website or any other software program based on the Website;
  4. modify or enhance the Website and in the event of a User effecting any modifications or enhancements to the Website in breach of this clause, such modifications and enhancements shall be the property of IQBI;
  5. without IQBI’s prior written consent, provide, disclose, divulge or make available to or permit the use of or give access to the Website to persons other than the User;
  6. remove any identification, trademark, copyright or other notices from the Website;
  7. create a hypertext link to any part of this Website without IQBI’s prior written consent and to the extent that such a link is created, the User acknowledges that he/she is solely responsible for the consequences of creating such link and the User agrees to defend, indemnify and hold IQBI harmless from and against all damages, costs, losses and expenses of any nature, whether direct or indirect, arising from or in connection with the creation of such link;
  8. post or transmit, by means of reviews, comments, suggestions, ideas, questions or other information through the Website, any content which is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually-explicit, profane or hateful, or racially, ethnically or otherwise objectionable content of any kind; and/or
  9. notwithstanding anything contained to the contrary in these Terms, use the Website content for any purpose other than non-commercial, educational, and informational purposes.

 

PUBLIC FORUMS

The Website may contain interactive services, including but not limited to, discussion groups, news groups, bulletin boards, chat rooms, blogs and other social networking features, which allows Users to post, transmit or submit information.

IQBI reserves the right to monitor these public forums and to remove or alter any information that IQBI, in its sole discretion, considers inappropriate and a violation of this policy.

The User warrants that, when using these public forums, he/ she will not infringe on another party’s intellectual property rights, and will not act in a obscene, vulgar, offensive, malicious, discriminatory, defamatory, or otherwise unlawful way.

IQBI shall not be held responsible for any statements, advice, opinions, or other content or materials on public forums.

 

SECURITY

In order to ensure the security and reliable operation of the Website for all Users, IQBI hereby reserves the right to take whatever action it may deem necessary to preserve the security, integrity and reliability of its network and back-office applications.

The User may not utilise the Website in any manner which may compromise the security of IQBI’s networks or tamper with the Website in any manner whatsoever, which shall include, without limitation, gaining or attempting to gain unauthorised access to the Website, or delivering or attempting to deliver any unauthorised, damaging or malicious code to the Website, all of which is expressly prohibited. Any person or entity which does so, or attempts to do so, shall be held criminally liable. Further, should IQBI suffer any damage or loss, damages shall be claimed by IQBI against the User.

Any User who commits any of the offences detailed in Chapter 13 of the ECT Act, more particularly sections 85 to 88 (both inclusive), shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by IQBI.

 

INTELLECTUAL PROPERTY RIGHTS

This Website is operated and controlled by IQBI. The information from this Website is protected by copyright and other proprietary rights laws. No information from this Website may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without the written consent of a duly authorised representative of IQBI. IQBI retains all Intellectual Property Rights in respect of IQBI’s functions and services as provided for on this Website.

Any unauthorised copying, or attempt at copying, assignment or transfer of these Terms or of any content of the Website contrary to the provisions of these Terms, shall result in a breach of these Terms and IQBI reserves the right to, without limitation:

  1. claim damages from the User; and/or
  2. institute criminal proceedings against the User; and/or
  3. pursue any other action/remedy against the User that IQBI deems reasonable.


Except as specified in these Terms, the User is not granted a license or any other right including, without limitation, under copyright, trademark, patent or other Intellectual Property Rights in or to the content of this Website.

 

RISK, LIMITATION OF LIABILITY AND INDEMNITY

The User’s use of this Website and the information contained on the Website is entirely at the User’s own risk and the User assumes full responsibility and risk of loss resulting from the use thereof.

The transmission of information via the internet including, without limitation, via electronic mail, is susceptible to monitoring and interception. The User bears all risk of transmitting information in this manner. Under no circumstances shall IQBI be liable for any loss, harm, or damage suffered by the User as a result thereof. IQBI reserves the right to request independent verification of any information transmitted via electronic mail and the User consents to such verification should IQBI deem it necessary.

To the extent permissible by law:

  1. neither IQBI nor its directors, agents, consultants or employees shall be liable for any damages whatsoever including, without limitation, any direct, indirect, special, incidental, consequential or punitive damages, howsoever arising (whether in an action arising out of contract, statute, delict or otherwise) related to the use of, or the inability to access or use the content of the Website or any functionality thereof, or the information contained on the Website, even if IQBI knows or should reasonably have known or is expressly advised thereof;
  2. the liability of IQBI for faulty execution of the Website as well as all damages suffered by the User, whether direct or indirect, as a result of the malfunctioning of the Website shall be limited to IQBI rectifying the malfunction, within a reasonable time and free of charge, provided that IQBI is notified immediately of the damage or faulty execution of the Website. This liability shall fall away and be expressly excluded if the User attempts to correct or allows third parties to correct or attempt to correct the Website without the prior written approval of IQBI. In no event, however, shall IQBI be liable to the User for loss of profits or for special, incidental, consequential or punitive losses or damages arising out of or in connection with the Website or its use or the delivery, installation, servicing, performance or use of it in combination with other computer software;

the User hereby unconditionally and irrevocably indemnifies IQBI and agrees to hold IQBI harmless from all loss, damages, claims and/or costs, of whatsoever nature suffered or incurred by IQBI or instituted against IQBI as a direct or indirect result of:

  1. the use of the Website;
  2. software, programs and support services supplied by, obtained by or modified by the User or any third party without the consent or knowledge of IQBI;
  3. the User’s failure to comply with any of these Terms or any other requirements which IQBI may impose from time to time;
  4. the actions or requirements of any telecommunications authority or a supplier of telecommunications services or software; or
  5. any unavailability of, or interruption in, any service provided via the Website which is beyond the control of IQBI.


The User expressly waives and renounces all their rights of whatever nature that they may have against IQBI for any loss suffered as a result of information supplied by IQBI being incorrect, incomplete or inaccurate.

 

BREACH OR CANCELLATION

IQBI is entitled, without notice, in addition to any other remedy available to it at law or under these Terms, including obtaining an interdict, to limit or deny such User use of the Website and services, or to claim specific performance of any obligation whether or not the due date for performance has arrived, in either event without prejudice to IQBI’s right to claim damages, should any User:

  1. breach any of these Terms;
  2. in the sole discretion of IQBI, use the Website in an unauthorised manner; or
  3. infringe any statute, regulation, ordinance or law.


Breach of these Terms entitles IQBI to take legal action without prior notice to the User and the User agrees to reimburse the costs associated with such legal action to IQBI on an attorney and own client scale.

 

COMPLIANCE WITH SECTION 43 OF THE ECT ACT

Access to the services, content, software and downloads available from the IQBI Website may be classified as “electronic transactions” as defined in the ECT Act and Users, therefore, have the rights provided for in Chapter 7 of the ECT Act. Pursuant to this and in accordance with IQBI statutory obligations, it hereby discloses the following information to the User:

  1. Full name and legal status of Website owner: IQbusiness Insights (Pty) Ltd, a company registered in accordance with the laws of the republic of South Africa.
  2. Physical address, registered address and address where IQBI will receive legal service of documents: 3 Third Avenue, Rivonia, Sandton, South Africa.
  3. Telephone number: 011 250 4000
  4. Website address: https://www.iqbusiness.net
  5. E-mail address: info@iqbusiness.net
  6. Names of office bearers: Kevin Kruger (Managing Director).

 

COMPLIANCE WITH LAWS

The User shall comply with all applicable laws, statues, ordinances and regulations pertaining to the use of and access to this Website.

 

TIME AND PLACE OF CONTRACTING

The User and IQBI agree that the User shall be bound to these Terms and such agreement is concluded in Johannesburg (South Africa) at the time the User enters the Website for the first time.

The information and services advertised on the Website do not constitute an offer but merely an invitation to do business.

 

NOTICES AND ELECTRONIC COMMUNICATIONS

Except as explicitly stated otherwise, any notices shall be given by email to info@iqbusiness.net (in the case of IQBI) or to the email address the User has provided to IQBI (in the User’s case), or such other address that has been specified.

Notice shall be deemed to have been received 48 (forty eight) hours after an email is sent, unless the sending party is notified that the email address is invalid. Alternatively, IQBI may give the User notice by registered mail, postage prepaid and return receipt requested, to the address which the User has provided to IQBI. In such case, notice shall be deemed to have been received 7 (seven) days after the date of mailing.

Notwithstanding anything to the contrary, a written notice or communication actually received by a party shall be an adequate written notice or communication to it, notwithstanding that it was not sent to or delivered at its chosen address for that purpose.

The User acknowledges that all agreements, notices or other communication required to be given in terms of the law or these Terms may be given via electronic means and that such communications shall be “in writing”.

Subject to the provisions of the Regulation of Interception of Communications Act No. 70 of 2002, as amended from time to time, the User agrees to IQBI’s right to intercept, block, filter, read, delete, disclose and use all communications (including “data messages” as defined in the ECT Act) sent or posted by the User to the Website.

 

GENERAL

These Terms shall be governed in all respects by the laws of the Republic of South Africa as such laws are applied to agreements entered into and to be performed within the Republic of South Africa.

This Website is controlled, operated and administered by IQBI from its offices within the Republic of South Africa. IQBI makes no representation that the content of the Website is appropriate or available for use outside of the Republic of South Africa. Access to the Website from territories or countries where the content of the Website is illegal is prohibited. Users may not use this Website in violation of South African export laws and regulations. If the User accesses this Website from locations outside of the Republic of South Africa, that User is responsible for compliance with all local laws.

If any provision of these Terms is held to be illegal, invalid or unenforceable for any reason, such provision shall be struck out from these Terms and the remaining provisions shall be enforced to the full extent of the law.

IQBI’s failure to act with respect to a breach by the User does not constitute a waiver of IQBI’s right to act with respect to subsequent or similar breaches.

The User shall not be entitled to cede or assign their rights or delegate their obligations in terms of these Terms to any third party without the prior written consent of IQBI.

No party shall be bound by any express or implied term, representation, warranty, promise or the like not recorded herein, whether it induced the contract and/or whether it was negligent or not.

The headings of the clauses to these Terms are inserted for reference purposes only and shall not affect the interpretation of any of the provisions to which they relate.

Words importing the singular shall include the plural and vice versa, and words importing the masculine gender shall include females and words importing persons shall include partnerships and corporate and unincorporated entities.

These Terms set forth the entire understanding and agreement between IQBI and the User with respect to the subject matter hereof.

These terms and conditions constitute the sole record of the agreement between IQBI shall be bound by any express tacit nor implied representation, warranty, promise or the like not recorded herein. These terms and conditions supersede and replace all prior commitments, undertakings or representations, whether written or oral, between the User and IQBI in respect of the subject matter hereof. No indulgence or extension of time which either the User or IQBI may grant to the other will constitute a waiver of or, whether by estoppels or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights.

IQBI will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and reserves the right to discontinue providing the Website or any part thereof with or without notice to the User.

IQBI may in its sole discretion terminate, suspend and modify this Website, with or without notice to the User. The User agrees that IQBI will not be liable to the User in the event that it chooses to suspend, modify or terminate this Website.

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