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radiantweb Terms of Use of Website


Introduction

  1. This document sets out the terms and conditions (“the Terms”) of Elastic Technology Solutions (Pty) trading as radiantweb (“we”, “us”, “the Service Provider” or “radiantweb”) pertaining to access to and use of the information, products, services and/or functions provided on www.radiantweb.digital (“the Website”). We may post supplementary terms from time to time which should be considered part and parcel of these Terms, for example our Privacy Terms.
  2. All access to and use of any information, tools or services offered via the Website is subject to your acceptance of all the Terms. You (“you” or “the User”) are required to refrain from accessing the Website and/or using our services in the event that you disagree with any of the Terms. This applies to any user, including without limitation any browser, user, merchant or content contributor.
  3. If you are below the age of eighteen (18) years, you must obtain your parents’ or legal guardians’ advance authorization, permission and consent to be bound by these Terms before accessing or using the Website.
  4. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to the Website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.

 

Interpretation

The headings of the clauses in the Terms are for purposes of convenience and reference only and shall not be used in the interpretation, nor modify or amplify the Terms nor any clause hereof. Unless a contrary intention appears–

  1. Words importing–
    1. any one gender includes the other gender;
    2. the singular includes the plural and vice versa; and
    3. a natural person includes juristic persons (corporate or unincorporated) and vice versa.
  2. A reference to a statute or statutory provision is a reference to it as it is in force for the time being, taking account of any amendment, extension, or re-enactment and includes any subordinate legislation for the time being in force made under it.
  3. References to clauses are to the clauses of the Terms.
  4. If any provision in a definition is a substantive provision conferring rights or imposing obligations on any Party, notwithstanding that it is only in the definition clause, effect shall be given to it as if it were a substantive provision in the body of the Terms.
  5. The expiration or termination of any User Subscription shall not affect such of the provisions of the Terms as expressly provide that they will operate after any such expiration or termination or which of necessity must continue to have effect after such expiration or termination, notwithstanding that the clauses themselves do not expressly provide for this.

 

Definitions

The definitions and rules of interpretation in this clause apply in this agreement.

  1. “Business Day” means any day which is not a Saturday, Sunday or official South African public holiday;
  2. “Confidential Information” means information that is proprietary or confidential and is either clearly labelled as such or identified as Confidential Information by a Party, or information which the receiving Party knows or reasonably should have known is of a proprietary or confidential nature;
  3. “Intellectual Property Rights” means all the rights in and to Intellectual Property of any nature whatsoever owned and/or controlled directly or under licence by us, now or in the future, including (without limitation) the rights in and to trademarks, service marks, trade names, domain names, logos, get-up, patents, provisional patents, inventions (whether patentable or not), know-how (including confidential industrial and commercial information and techniques in any form), utility models, registered and unregistered design rights, copyright, semi-conductor topography rights, database rights, rights in respect of any new or existing compilation of any data or information not covered under any existing copyright, any structured analysis, reports, application and any resulting know-how, use or any other results originating or following from or as a consequence of data being made available in respect of any of the aforementioned or part thereof, technology, source code/s, trade secrets, systems, methods, styles, insignia, designs and all similar proprietary rights which may subsist in any part of the world including, where such rights are obtained or enhanced by registration, any registration of such rights and applications and rights to apply for such registrations, as well as any Confidential Information or processes relating to that subject matter;
  4. “Party” means either Elastec Technology Solutions (Pty) trading as radiantweb or the User, and “Parties” means both us and the User;
  5. “Virus” means a device or thing (including any software, code, file or programme) which may prevent, impair or otherwise adversely affect the operation of any computer software, hardware or network, any telecommunications service, equipment or network or any other service or device; prevent, impair or otherwise adversely affect access to or the operation of any programme or data, including the reliability of any programme or data (whether by re-arranging, altering or erasing the programme or data in whole or part or otherwise); or adversely affect the user experience, including worms, Trojan horses, viruses and other similar things or devices.

 

Website content, accuracy and errors

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

4.2 We make 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. We do 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. We expressly disclaim all implied warranties, including without limitation, warranties of merchantability, fit-ness for a particular purpose, non-infringement, compatibility, security and accuracy;
  2. Whilst we have 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; 
  3. We may use the services of third parties to provide information on the Website. We have no control over this information and makes no representations or warranties of any nature as to its accuracy, appropriateness or correctness. The user agrees that such information is provided “as is” and that we and our 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; and
  4. We disclaim any responsibility for the verification of any claims. Information published on this Website may be done so in the format in which Service Provider receives it and statements from external parties are accepted as fact.
  1. We supply service cost calculators as a general guide only, and  shall not be bound by any estimates produced by the calculators. Estimated costs are subject to change as the User’s needs are more comprehensively determined in the course of a consultation with us, and we shall only be bound by the final quote provided to the User at that stage.

 

Third party links

  1. We may provide links to third party websites on the Website. These links are provided to the user for convenience purposes only and we do not endorse, nor does the inclusion of any link imply our endorsement of, such websites, their owners, licensees or administrators or such websites’ content or security practices and operations. While we try to provide links only to reputable websites or online partners, we cannot accept responsibility or liability for the information provided on other websites. Linked websites or pages are not under, nor subject to, our control. We are not responsible for and give no warranties or make any representations in respect of the privacy policies or practices of linked or any third party or advertised websites on the Website.
  2. You agree that we shall not be held liable, directly or indirectly, in any way for the content, the use or inability to use or access any linked website or any link(s) contained in a linked 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 third party linked websites on the Website. Any dealings that you may have with any linked websites, including advertisers, found on the Website, are solely between you and the third party website.

 

Usage restrictions

The User hereby agrees that it shall not itself, nor through a 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. 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 our property;
  5. without our prior written consent, provide, disclose, divulge or make available to or permit the use of or give access to the Website by persons other than the user;
  6. remove any identification, trademark, copyright or other notices from the Website;
  7. use the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, national, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet; 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
  8. notwithstanding anything contained to the contrary in these Terms, use the Website for any purpose other than personal, non-commercial and information purposes.

Without limiting any of the rights set forth elsewhere in this Agreement, we expressly reserve the right to deny, cancel, terminate, suspend, or limit future access to this Website to any User who engages or has engaged in inappropriate or unlawful activity while utilizing the Site (as determined by us in our sole and absolute discretion).

 

Security and tampering

  1. We reserve the right to take whatever action we may deem necessary to preserve the security, integrity and reliability of its network and back-office applications, to ensure the security and reliable operation of the services to all our users.
  2. You may not utilise the Website in any manner which may compromise the security of our 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 we suffer any damage or loss, civil damages shall be claimed by us against the user. Any user who commits any of the offences detailed in Chapter 13 of the Electronic Communications and Transactions Act 25 of 2002 (“ECTA”) (specifically sections 85 to 88 (inclusive)) shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by us and our affiliates, agents and/or partners.

 

Intellectual property and copyright

  1. All copyright and other intellectual property rights in all content, trademarks, software, data, material, including logos, databases, text, graphics, icons, hyperlinks, confidential information, designs, agreements, and multimedia works, published on or via the Website (“proprietary material”), are the property of, or are licensed to, us and as such are protected from infringement by local and international legislation and treaties.
  2. All rights not expressly granted are reserved and no right, title or interest in any proprietary material or information contained in this Website is granted to you.
  3. We authorise you only to view, copy, temporarily download to a local drive and to print the content of this Website, or any part thereof, provided that such content is used for personal purposes and for information purposes only, and such content is used for non-commercial purposes.
  4. Except with Service Provider’s express written permission, no proprietary material from this Website may be copied or retransmitted.
  5. Irrespective of the existence of copyright, the user acknowledges that Service Provider is the proprietor of all material on the Website (except where a third party is indicated as the proprietor), whether it constitutes confidential information or not, and that the user has no right, title or interest in any such material.

 

Risk, limitation of liability and indemnity

  1. Your use of this Website and the information contained on the Website is entirely at your own risk and the user assumes full responsibility and risk of loss resulting from the use thereof, or the inability to use same. All products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
  2. The transmission of information via the internet, including without limitation e-mail, is susceptible to monitoring and interception. The user bears all risk of transmitting information in this manner. Under no circumstances shall service provider be liable for any loss, harm, or damage suffered by the user as a result thereof. Service provider reserves the right to request independent verification of any information transmitted via e-mail and the user consents to such verification should service provider deem it necessary.
  3. To the extent permissible by law:
    1. Not we, our affiliates, shareholders, agents, consultants nor our 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, or of any linked website, even if we know or should reasonably have known or are expressly advised thereof.
    2. Our liability of 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 us rectifying the malfunction, within a reasonable time and free of charge, provided that we are 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 our prior written approval. However in no event shall we 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
    3. You hereby unconditionally and irrevocably indemnify us and agree to hold us free from all loss, damages, claims and/or costs, of whatsoever nature suffered or incurred by us or instituted against us as a direct or indirect result of:
      1. your use of the website;
      2. software, programs and support services supplied by, obtained by or modified by you or any third party without our consent or knowledge;
      3. your failure to comply with any of the terms or any other requirements which we 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, the service which is beyond our control.
  4. We make no warranty or representation as to the availability, accuracy or completeness of the content of the Website, or that your use of our service will be uninterrupted, timely, secure or error-free. You expressly waive and renounce all your rights of whatever nature that you may have against us for any loss suffered by you, as a result of information supplied by us being incorrect, incomplete or inaccurate.

 

Force majeure

We shall have no liability to the User under this Agreement if it is prevented from or delayed in performing its obligations under this Agreement, or from carrying on its business, by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving our workforce or that of any other party), failure of a utility service or transport or telecommunications network, acts of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of Service Providers or sub-contractors, provided that the User is notified of such an event and its expected duration.

 

ECTA compliance

In compliance with section 43(1) of the ECT Act, the following is provided:

Full name: Elastic Technology Solutions (Pty) Ltd trading as radiantweb;

Registration number: 2012 / 002580 / 07;

Physical address: 2 Fir Street, Observatory, Western Cape 7925, South Africa

Telephone number: 021 879 3030

Website address: www.radiantweb.digital;

E-mail address: [email protected];

Names of office bearers: Charles Hugh Graham Page (director);

Registered at: 2nd floor, 105 Hope Street, Gardens 8000.

 

Compliance with laws

  1. This Website is controlled, operated and administered by us from our offices within the Republic of South Africa.
  2. 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 South Africa.

 

Notices

Except as explicitly stated otherwise, any notices shall be given by email to hello@radiantweb.digital  (in our case) or to any e-mail address you have provided to us (in your case). Any notice shall be deemed to have been received forty eight (48) hours after the relevant email is sent, unless the sending party is notified that the email transmission was unsuccessful. Alternatively, we may give you notice by registered mail to the address which you have provided to us. In such case, notice shall be deemed to have been received on the fifth (5th) business day after the date of mailing. You acknowledge 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”. 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(es) for that purpose.


General clauses

  1. 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.
  2. Our failure to act with respect to a breach by you or others does not constitute a waiver of our right to act with respect to subsequent or similar breaches.
  3. You shall not be entitled to cede your rights or assign your rights or delegate your obligations in terms of these Terms to any third party without our prior written consent.
  4. 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.
  5. The head notes to the paragraphs to these Terms are inserted for reference purposes only and shall not affect the interpretation of any of the provisions to which they relate.
  6. 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.
  7. These Terms set forth the entire understanding and agreement between us and you with respect to the subject matter hereof.
  8. The User shall not, without our prior written consent, assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under this Agreement. We may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of our rights or obligations under this Agreement.