Terms & Conditions

 THE USE OF THIS WEBSITE IS GOVERNED BY THE TERMS AND CONDITIONS STIPULATED BELOW. BY USING THIS WEBSITE YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, INCLUDING ANY PRIVACY STATEMENTS.

 

1. Definitions and Interpretation

1.1. “COGNIPLEX” means Cogniplex (Pty) Ltd (Reg No 2016/390508/07), a privately owned company registered in South Africa.

1.2. “You” or the “user” means any person who accesses this Website for any purpose.

1.3. “Website” means the website of Cogniplex at URL www.cogniplex.co.za or such other URL as Cogniplex may choose from time to time.

2. Use Subject to these Terms and Conditions

2.1. Your access, browsing and use of this website is governed by these terms and conditions. By accessing and browsing this website you agree that you will be bound by these terms and conditions regardless of the time spent visiting this website or date first accessed.

2.2. If you do not agree to these terms and conditions, you must immediately cease your browsing of this website. By continuing to browse or use the website after any amended terms and conditions become effective, you agree to be bound by the amended terms and conditions.

2.3. These terms and conditions include Cogniplex’s Privacy Statement, governing Cogniplex’s processing of any personal information which may be provided to it through the use of this website.  

2.4. Due to legal and other developments, Cogniplex reserves the right to amend these Terms and Conditions at any time.

3. Content

3.1. All information accessed or browsed using this website is provided “as is”.

3.2. While Cogniplex shall endeavour to ensure that all material published on the website is accurate at the time of its publication, it gives no warrantees as to the accuracy of the
information and the information does not represent legal advice. Your use of the information is entirely at your own risk and no liability will arise against Cogniplex resulting
from your browsing the website or using the information provided on the website.

3.3. Cogniplex does not warrant that this website or the delivery, hosting and ancillary services or facilities of third party suppliers utilised by Cogniplex will continue to operate, will operate without interruptions or will be error-free or that it will be free of any software virus or other harmful component.

3.4. You will be entirely responsible for any resulting damage to software or computer systems and/or any resulting loss of data caused as a result of any use of this website.

 

4. Third Party Sites

4.1. The website contains hyperlinks to websites owned and / or operated by third parties. Cogniplex is not responsible for the content of such websites, and does not endorse or approve the contents thereof. The fact that a website is linked to this website does not imply that Cogniplex sponsors, endorses or is affiliated or associated with the entity that owns or is responsible for the website. Consequently Cogniplex is not liable for the operation and content of any third party websites that may be linked to this Website (regardless of
whether or not a link has been permitted by Cogniplex).

5. Intellectual Property

5.1. Unless expressly otherwise stated, all intellectual property presented on the Cogniplex website, including but not limited to content, trademarks, logos, pictures, video, downloads, domain names, patents, design elements, software, source code, meta tags, databases, text, graphics, icons are the exclusive property of or licensed to Cogniplex and as such, are protected from infringement by domestic and international legislation and treaties.  

5.2 For the prevention of doubt Cogniplex hereby expressly clarifies that unless otherwise stated, we do not claim to own any of the rights of material or intellectual property hosted on other 3rd party websites (such as Youtube.com) to which we may link from time to time. Any and all such rights entirely reside with the respective owners thereof.  Any such material is displayed based on relevance and interest of our readers, and is made accessible free of charge. Should you be the rightful owner of material linked to, and wish to have such link removed, please contact us o contact facility provided on our website. indicating “Remove link”.

5.3 No person may use logos, icons, or trade marks from the Cogniplex website as hyperlinks or other purposes without Cogniplex’s prior written consent.

5.3 The contents of this website may not be transmitted, transcribed, reproduced, stored or translated into any other form without the prior written permission of Cogniplex.

5.3. No other use of this website is permitted.  Enquiries in this regard may be made via contact facility provided on our website..

6. Linking, Framing and Crawling

6.1. The prior written authority of Cogniplex is required before any hyperlink is created. Authority, if granted, will be subject to the condition that the party linking to this Website alerts users to the application of these terms and conditions. Requests for authority can be emailed via the contact facility provided on our website.

6.2. Permission to link to this website will be granted strictly without the assumption of any liability on the part of Cogniplex. Cogniplex reserves the right to withdraw permission granted to link to this Website at any time in the entire discretion of Cogniplex’s Information Officer.

6.3. The prior written authority of Cogniplex, which may be subject to conditions, is required before this website, any of its pages and/or any of the information contained on the website is framed. Requests for authority can be emailed via the
contact facility provided on our website.

6.4. Save for the use of bona-fide search engine and the search facility provided on the website for 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 Website for any purpose without the prior written consent of Cogniplex.

 

7. Security

7.1. Any person who in any manner interferes with the data or information displayed on this website in any way which causes it to be modified, destroyed or otherwise rendered
ineffective or inaccurate, acts contrary to the provisions of the Electronic Communications and Transactions Act 25 of 2002 and is guilty of an offence.

7.2. Any person who in any manner interferes with any third party’s access to this website or denies access to the website, whether partial or absolute, is guilty of an offence in terms of the Electronic Communications and Transactions Act 25 of 2002, or as may be amended from time to time.

7.3. Any attempt to commit or aid and abet someone in the commission of the offences referred to in 7.1 and 7.2 is guilty of an offence in terms of the Electronic Communications and Transactions Act 25 of 2002.

7.4. Cogniplex will, as it may be advised, cause the prosecution of any person who is guilty of an offence described in 7.1 and 7.2.

7.5. Cogniplex will, as it may be advised, institute appropriate action to obtain relief against the perpetrator of the actions contemplated in 7.1, 7.2 and 7.3, with a view to recovering any damages that it may suffer and to protect Cogniplex website against defacement, unauthorised amendment of content and disruption of the use of the website.

7.6. While Cogniplex will take appropriate and reasonable security precautions to protect the website against abuse by third parties, by accessing and browsing this website you accept that no liability will lie against Cogniplex for any damages caused to you by the malicious interference with the operation of this website, and/or any destructive data or code that may be communicated to computers or information systems used by you as a result of your access and browsing of the website.

8. Personal Information

8.1. The processing of all personal information by Cogniplex is governed by Cogniplex’s Privacy Policy.

8.2. Any personal information which may be provided to Cogniplex through this Website will be processed in accordance with the Protection of Personal Information Act 4 of 2013. Details of the processing of personal information are contained in Cogniplex’s Privacy Policy. The processing of personal information which may be collected through interactive communications facilitated by this website, are subject to the 
Privacy Statement published on this website.
 

9. Disclaimer and Indemnity

9.1. Cogniplex expressly disclaims all liability for any direct, indirect or consequential loss or damage occasioned by your accessing and browsing of the website or your inability to access and browse this Website, or whether caused directly or indirectly by inaccuracies, defects, errors (whether typographical or otherwise), omissions, out of date information or for any other reason, even if such loss was reasonably foreseeable and Cogniplex had been advised of the possibility of the loss occurring.

9.2. You agree to indemnify and hold harmless Cogniplex, its servants, subcontractors, subsidiaries and affiliates from any demand, action or application or other proceedings, including for attorney's fees and related costs such as tracing fees, made by any third party and arising out of or in connection with the your use of or access, browsing or use of this website.

10. Jurisdiction

10.1. These terms and conditions are governed by and construed in accordance with the law of the Republic of South Africa; you and Cogniplex both agree to submit any dispute arising out of the use of this website to the exclusive jurisdiction of the courts of the Republic of South Africa.

11. General

11.1. These terms and conditions record the entire agreement between you and Cogniplex in respect of your access, browsing and use of the website.

11.2. If any provision of these terms and conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the
remaining provisions which will remain in full force and effect.

11.3. Cogniplex's omission to exercise any right under these terms and conditions will not constitute a waiver of any such right unless expressly accepted by Cogniplex in writing.

11.4. Notwithstanding the fact that hyperlinks in these terms and conditions to certain documents should be deemed part of these terms and conditions in terms of section 11 of the Electronic Communications and Transactions Act 25 of 2002, the fact that some or all of the hyperlinks may be non-operational, will not play a role in determination of the validity and interpretation of these terms and conditions.

 

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