Privacy Policy


This privacy policy ("Privacy Policy") applies to how we process your Personal Information (as defined in paragraph 2.1 below) when you use the Website and Services (as such terms are defined in the Website Terms and Conditions accessible at https://www.subjex.co.za/ (the "Terms")). To the extent that this Privacy Policy refers to definitions or provisions in the Terms, they are hereby incorporated in this Privacy Policy by reference. Please read this Privacy Policy carefully.
All of the provisions of this Privacy Policy are important, but please pay special attention to the parts that are in bold writing. These parts contain information about provisions that have special consequences for you. These parts are only intended to bring such provisions to your attention, and, where necessary, to explain their fact, nature and effect. Where explanations are given, they may be contained in a box. Such boxed explanations are aids to understanding only and are not provisions themselves. They do not limit the meaning or application of the provisions, and do not apply only to the situations and examples described in the boxes or only to similar situations or examples.
1. Scope of the Privacy Policy
1.1 Introduction and scope
1.1.1 SubjeX, a division of Paired Creation, with its registered address 90 Rivonia Road, Sandton is an entity registered under and governed by the laws of South Africa ("SubjeX " or "we" or "us" or "our"). Our further details are set out in the Terms.
1.1.2 We are committed to protecting and respecting your privacy. We strive to ensure that our use of your Personal Information is lawful, reasonable, and relevant to our business activities, with the ultimate goal of improving our services and your experience.
1.1.3 This Privacy Policy sets out what we will do with any Personal Information we collect from or about you, or that you provide to us, when you use the Website and/or the Services.
1.2 Your consent to the Processing of your Personal Information
1.2.1 By agreeing to this Privacy Policy, you provide us with your express consent and agreement that we may collect, get, receive, record, organise, collate, store, update, change, retrieve, read, process, consult, use and share your Personal Information in the manner set out in this Privacy Policy. When we do one or more of these actions with your Personal Information, we are "Processing" your Personal Information (and "Process" has a corresponding meaning).
1.2.2 If you do not agree with this Privacy Policy, or are concerned about any aspect as it relates to your Personal Information, please do not continue to use the Website or the Services.
In the paragraph above you expressly give your permission to us to Process your Personal Information in the manner and for the purposes set out in this Privacy Policy. By doing this, you know and accept that you are giving up certain parts of your right to privacy.
1.3 What does this Privacy Policy apply to?
1.3.1 This Privacy Policy applies to the Processing by us or on our behalf, and our successors-in-title, of Personal Information (defined below) relating to you ("user", "you", or "your"), being a user who accesses and/or uses the Website and/or the Services (hereinafter collectively referred to as just the "Website", for simplicity), regardless of the device which you use to access it, which device is capable of using, or enabled to use, the Website including, but not limited to, internet-connected mobile devices and tablets ("Access Device").
1.3.2 This Privacy Policy does not apply to Processing of Personal Information by other third parties relating to or by means of other parties' websites, products or services, such as websites linked to, from or advertised on the Website or through the Services, or sites which link to or advertise the Website. Such Processing may be subject to privacy policies of third parties.
2. What is Personal Information?
2.1 "Personal Information" refers to personal information about an identifiable person. Your Personal Information may include your name and surname, age, date of birth, contact details (eg your home address, postal address, email address or phone number), physical location, social media account details and profile pictures. Other information which might be Personal Information may include:
2.1.1 "device and device event information": We may collect information such as your IP address, unique device identifier, the nature of the Access Device which you used to access the Website, the geographic location from which you accessed our site, hardware model and settings, operating system type and version, browser language, system activity, and crashes;
2.1.2 "log information": When you use the Website, we may automatically collect and store certain information in server logs when you access the Website, which may include your site activity information, such as details of how, when and for how long you accessed the Website, what links you went to, what Content (as defined in the Terms) you accessed, the amount of Content viewed and the order of that Content and the amount of time spent on the specific Content.
2.1.3 "profile information": We may collect and Process information and usage data per profile to make targeted recommendations to that profile when logged in to and using the Website; and
2.1.4 "location information": We may use various technologies to determine your actual location, such as geographical data from your Access Device (which is usually based on the GPS or IP location).
2.2 Personal Information does not include information that has been de-identified to the extent that it cannot be re-identified again.
3. When will we Process your Personal Information?
3.1 In addition to paragraph 4 below, Personal Information may be Processed by us in several ways, including, when:
3.1.1 you access, use, refer to, view and/or make use of the Website, Content or Services;
3.1.2 you submit your Personal Information to us for any other reason; and
3.1.3 you contact us, by email or telephonically or otherwise, with any queries.
4. How we collect your Personal Information
4.1 We may collect your Personal Information in three ways, namely:
4.1.1 actively from you;
4.1.2 passively from your Access Device when you use the Website; and
4.1.3 passively from our affiliates and third party service providers.
4.2 Active collection from you
4.2.1 We may require you to submit certain information in order for you to register an account for the Website or benefit from specified features, such as when you register to complete a questionnaire and we may collect Personal Information from you by asking you specific questions and by permitting you to communicate directly with us, for example via email, feedback forms, site comments and forums.
4.2.2 If you contact us, we may keep a record of that correspondence.
4.2.3 The information we may actively collect from you may include your:
4.2.3.1 identifying information (eg your name, surname, unique identifier, date of birth, profile picture and physical location);
4.2.3.2 contact details (eg email address and phone number); and
4.2.3.3 any other information which we may request from you, and which you provide, from time to time.
4.3 Passive collection from your Access Device
4.3.1 We passively collect some of your Personal Information from the Access Device which you use to access and navigate through the Website, using various technological means, for instance, using server logs to collect and maintain log information.
4.3.2 We also use cookies and anonymous identifiers which enable our computer system to recognise you when you next visit the Website to distinguish you from other users and to improve our service to you, and which can be used to enhance the content of the Website and make it more user-friendly, as well as to give you a more personalised experience.
4.3.3 A cookie is a small piece of data (an alphanumeric identifier) which our computer system transfers to your Access Device through your web browser when you visit the Website and which is stored in your web browser. When you visit the Website again, the cookie allows the site to recognise your browser. Cookies may store user preferences and other information.
4.3.4 You may disable the use of cookies by configuring your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do so, you may not be able to enjoy all of the features and functionality of the Website.
4.3.5 The information which we may passively collect from your Access Device may include your identifying information, contact details, device and device event information, site activity information, log information, telephony log information, location information, unique application numbers and any other information which you permit us, from time to time, to passively collect from your Access Device.
4.4 Passive collection from our affiliates and third party service providers
We collect some Personal Information passively from our affiliates and third party service providers, purely to supplement information which you have already agreed to give us and to supplement your user profile on the Website, if applicable.
4.5 Passive collection from social networking sites (with your permission)
4.5.1 We may allow you to log onto the Website by using a social media account authentication option.
4.5.2 By collecting information from your social media account we enable you to enrich your account on the Website by enabling you to share your information (eg posts, photos, videos, and contacts) which is stored on that social media account without you having to actively give us all that information, all you need to do is login using your username and password and give us your permission to access and use that information.
4.5.3 There are two kinds of information which we collect from social networking sites, namely basic information and extended information.
4.5.4 basic information
4.5.4.1 Basic information is information which you have put on a social media account which you have made public in accordance with your privacy settings on the relevant social media account.
4.5.4.2 This could include your name and surname, username or user-ID number, your profile picture or its URL, your email address, the physical location of your Access Device, your gender, your date of birth, and any other information which you have decided to share publically (the information which you have put on your social media account profile for anyone to see).
4.5.4.3 We will access your basic information from your social media account only:
4.5.4.3.1 when you log on to the social media account from the Website or if you select any "keep me logged in" or equivalent function;
4.5.4.3.2 with your permission; and
4.5.4.3.3 in line with your privacy settings on the relevant social media account.
4.5.5 extended information
4.5.5.1 Extended information is information which you have put on a social media account over and above the basic information. This could include your additional identifying information and contact details, biographical information, educational history, personal preferences, religion, your "friends" or contacts on the social media account, your "likes" and "dislikes", information you have "shared" (eg comments on, or shared content on, your or your friend's Facebook "wall"), your recommendations to your friends or other social media account contacts and any other information which you have put on, or actions you have done, on a social media account (eg the information on your Facebook "wall"), and any other information which you permit us, from time to time, to passively collect from a social media account.
4.5.5.2 We will collect from the relevant social media account your extended information only if and to the extent that you give us permission to do so.
4.5.5.3 You can decide the layers of extended information which you want to share with us and manage it through the Website or the relevant social media account.
4.5.5.4 We may offer you the ability to import your address book contacts or to manually enter third parties' contact details in order to populate your invite list on the Website ("your contacts"). You may authorise us to send your communications to your contacts on your behalf (eg to send your contact an email or notification from you or on your behalf inviting him/her to join the Website).
5. How we use your Personal Information
5.1 We use the information we collect to provide, maintain, and improve the Website, to provide current, and develop new, services, and to protect us, our services and our users. We constantly strive to improve our users' experience, and so we also use the information we collect in order to offer you information and Content which is more appropriately tailored for you as far as reasonably possible.
5.2 We may use your Personal Information:
5.2.1 to retain and make available to you information on the Website;
5.2.2 to create your user account, where applicable, and ensure that it doesn't duplicate an existing user account on the Website and allow use of the Content;
5.2.3 as a registered user, to send you notifications and authenticate your identity when you view and access the Website;
5.2.4 to maintain and update our customer, or potential customer, databases;
5.2.5 to establish and verify your identity on the Website;
5.2.6 to fulfil your requests for certain services;
5.2.7 to diagnose and deal with technical issues and customer support queries and other user queries, such as problems with our server, determine the optimal and fastest route for your Access Device to use in connecting with the Website, and administer, maintain and secure the Website;
5.2.8 to detect, prevent or deal with actual or alleged fraud, security or the abuse, misuse or unauthorised use of the Website and/or contravention of this Privacy Policy;
5.2.9 to conduct market research surveys, product research and development;
5.2.10 to provide you with the latest information about our services, provided you have agreed to receive such information;
5.2.11 to communicate with you;
5.2.12 to compile non-personal statistical information about browsing habits, click patterns and access to the Website;
5.2.13 to improve the Website, analyse trends and administer the Website, including requesting feedback on Content and Services and products, address any issues and liaise with users in that regard;
5.2.14 to keep a record of our communications with you and your communications with us;
5.2.15 to fulfil any contractual obligations we may have to you or any third party;
5.2.16 to improve your user experience and the overall quality of our services;
5.2.17 to customise the Website to your preferences and tailor information and/or Content for you to ensure that it is presented in the most effective manner for you and for your Access Device;
5.2.18 to inform you about any changes to the Website, the Terms, this Privacy Policy or other changes which are relevant to you;
5.2.19 subject to paragraph 4.3.2 to 4.3.5 (inclusive), to provide you with online personalised services and targeted advertising, including through the use of cookies;
5.2.20 subject to paragraph 4.3.2 to 4.3.5 (inclusive), to provide you with online recommendations of products and services which you have requested or which we reasonably believe might be of interest to you based on your Personal Information;
5.2.21 to compile and use statistical information about you and other users and their access to and use of the Website, browsing habits, click-patterns, preferences, and demographics which we may use to develop, provide and improve the Website, including, recommendations to users and tailoring information and Content for users;
5.2.22 to compile, use, disclose and trade with non-personal statistical information about our users and their access to and use of the Website, browsing habits, click-patterns, preferences, demographics which we may use to develop, provide and improve the Website and our products and services, including targeted advertising to user groups. Please note that the information referred to in this paragraph 5.2.22 is aggregate information about our users which has de-identified personal information such that it cannot be linked back to identify you;
5.2.23 for security, administrative and legal purposes;
5.2.24 for customer relations; and
5.2.25 other activities and/or purposes which are lawful, reasonable and adequate, relevant and not excessive in relation to provision of the Content, Services and/or Website, our business activities or such other purpose for which it was collected.
5.3 We will get your permission before collecting or using your Personal Information for any other purpose.
6. Compulsory information and consequences of not sharing with us
Only your email address, name and surname, contact details and such other information as we specify from time to time, constitutes compulsory information. All other information is optional. If you do not agree to share compulsory information with us, then you will not be able to make full use of the features that are offered to users, including Content and/or Services. If you do not agree to share your optional information with us, then you might not be able to enjoy all of the features and functionality on the Website, including certain Content and/or Services.
In the paragraph above, you agree and accept that there is certain compulsory information you must provide us with if you want to enjoy all of the features and functionality on the Website. If you decide not to provide us with such compulsory information, you agree that we may limit certain features and functionality on the Website.
7. Sharing of your Personal Information
7.1 We will not intentionally disclose, for commercial gain or otherwise, your Personal Information other than as set out in this Privacy Policy, as permitted by applicable law or with your permission.
7.2 You agree and consent that your Personal Information may be shared under the following circumstances:
7.2.1 to our employees, service providers, contractors, agents if and to the extent that they need to know that information in order to process it for us and/or to provide services for or to us, such as hosting, development and administration, technical support and other support services. We will authorise any information processing done by a third party on our behalf by entering into written agreements with those third parties governing our relationship with them and containing confidentiality and non-disclosure provisions. Such persons may be disciplined, their contracts terminated or other appropriate action taken if they fail to meet their obligations;
7.2.2 in order to enforce or apply our terms of use or any other contract between you and us;
7.2.3 in order to protect our rights, property or safety or that of our customers, employees, contractors, dealers and agents and any other third party;
7.2.4 in order to mitigate any actual or reasonably perceived risk to us, our customers, employees, service providers, contractors, agents or any other third party;
7.2.5 to governmental agencies, exchanges and other regulatory or self-regulatory bodies if we are required to do so by law or if we reasonably believe that such action is necessary:
7.2.5.1 to comply with the law or with any legal process;
7.2.5.2 to protect and defend the rights, property or safety of us, our affiliates or our customers, employees, contractors and agents or any third party;
7.2.5.3 to detect, prevent or deal with actual or alleged fraud, security or technical issues or the abuse, misuse or unauthorised use of our site and/or contravention of this privacy policy; and/or
7.2.5.4 to protect the rights, property or safety of members of the public (if you provide false or deceptive information about yourself or misrepresent yourself as being someone else, we may proactively disclose such information to the appropriate regulatory bodies and/or commercial entities).
7.3 We may use your Personal Information to compile profiles for statistical purposes and may freely trade with such profiles and statistical data, provided that the profiles or statistical data cannot be linked back to you.
7.4 We will get your permission before disclosing your Personal Information to any third party for any other purpose.
8. Storage and transfer of your Personal Information
8.1 We store your Personal Information:
8.1.1 on our servers; or
8.1.2 on the servers of our third party service providers, such as IT systems or hosting service providers. In this event, we will ensure that we have entered into written contracts that require such third party service providers to secure the integrity and confidentiality of Personal Information in its possession by taking appropriate, reasonable technical and organisational measures.
9. Security
9.1 We take appropriate reasonable technical and organisational measures to secure the integrity of Personal Information, using accepted technological standards to prevent unauthorised access to or disclosure of your Personal Information, and protect your Personal Information from misuse, loss, alteration or destruction.
9.2 Even by taking the above measures when Processing Personal Information, we do not guarantee that your Personal Information is 100% secure. Subject to the provisions of this clause 9.2, as far as the law allows, we will not be liable for any loss, claim and/or damage arising from any unauthorised access, disclosure, misuse, loss, alteration or destruction of Personal Information.
In this paragraph, you acknowledge that you know and you accept that technology is not absolutely secure and there is a risk that your Personal Information will not be secure when Processed by means of technology. We do not promise that we can keep your Personal Information completely secure. You will not be able to take action against us if you suffer losses or damages in these circumstances.
10. Retention of your Personal Information
10.1 We may keep Personal Information for as long as you continue to access the Website, Content and/or Services or for as long as reasonably necessary or until you contact us and ask us to destroy the retained information.
10.2 Notwithstanding paragraph 10.1 above and any other provision of this Privacy Policy, we may keep some or all of your Personal Information if and for as long as:
10.2.1 we are required by law, a code of conduct or a contract with you to keep it;
10.2.2 we reasonably need it for lawful purposes related to our functions and activities;
10.2.3 we reasonably need it for evidentiary purposes;
10.2.4 you agree to us keeping it for a specified further period; and/or
10.2.5 it is permitted by law.
11. Keeping your Personal Information updated and correct
11.1 Where required by law, we take reasonable steps to ensure that your Personal Information is accurate, complete, not misleading, and up to date.
11.2 We also acknowledge that you may have rights of access to, and the right to rectify, your Personal Information, and rights to object to the Processing of your Personal Information in certain circumstances.
11.3 You must let us know if any information we have about you is incorrect, incomplete, misleading or out of date, by notifying us at the contact details set out in paragraph 17. If you have already registered for a Service or to use the Website in some other way, you can at a later stage modify some of the Personal Information you have included in your profile by logging in and accessing the account created by you on the Website.
11.4 Where required by law, we will take reasonable steps to correct or update the relevant information accordingly having regard to the purpose for which the information was collected or used.
12. Changes to this Privacy Policy
To the extent allowed by law, this Privacy Policy may be updated or amended by us at any time in our sole discretion, without notice, provided that if we do so, we will post the revised policy on the Website. Accordingly, please check the Website for changes periodically. If you continue to access or use the Website and/or the Services after amendments are made and displayed, you will be deemed to have accepted these changes.
13. Direct marketing
13.1 When you register on the Website to complete the SubjeX questionnaire, you may receive marketing communications from us.
13.2 You may refuse to accept, require us to discontinue, or pre-emptively block any approach or communications from us if that approach or communication is primarily for the purpose of direct marketing ("direct marketing communications").
13.3 You may opt out of receiving direct marketing communications from us at any time by requesting us (in any manner, whether telephonically, electronically, in writing or in person) to desist from initiating any direct marketing to you.
13.4 You may, in terms of the Consumer Protection Act 68 of 2008 (the "Consumer Protection Act"), register a pre-emptive block against direct marketing communications. If you do so, we will not send you direct marketing communications unless you have expressly requested or consented to receiving direct marketing communications from us.
14. Third party sites
14.1 To the extent allowed by law, we are not responsible for the privacy practices of a third party site to which there may be a link on the Website, or for any claims, loss or damage arising from these.
14.2 We advise you to read the privacy policy of each site which you visit and to determine your privacy settings in accordance with your personal preferences.
We are not liable if you suffer losses or damages when visiting third party websites by following a link to that website from the Website. You accept that there may be risks when you use such third party websites, and you do so at your own risk.
15. Consumer Protection Act, Protection of Personal Information Act and other laws
15.1 If this Privacy Policy or any provision in this Privacy Policy is regulated by or subject to the Consumer Protection Act, the Protection of Personal Information Act 4 of 2013 ("POPIA") or other laws, it is not intended that any provision of this Privacy Policy contravenes any provision of the Consumer Protection Act, POPIA or such other laws. Therefore all provisions of this Privacy Policy must be treated as being qualified, to the extent necessary, to ensure that the provisions of the Consumer Protection Act, POPIA and such other laws are complied with.
15.2 No provision of this Privacy Policy:
15.2.1 does or purports to limit or exempt us from any liability (including, without limitation, for any loss directly or indirectly attributable to our gross negligence or wilful default or that of any other person acting for or controlled by us) to the extent that the law does not allow such a limitation or exemption;
15.2.2 requires you to assume risk or liability for the kind of liability or loss, to the extent that the law does not allow such an assumption of risk or liability; or
15.2.3 limits or excludes any warranties or obligations which are implied into this Privacy Policy by the Consumer Protection Act (to the extent applicable), POPIA (to the extent applicable), or other applicable laws or which we give under the Consumer Protection Act (to the extent applicable), POPIA (to the extent applicable), or other applicable laws, to the extent that the law does not allow them to be limited or excluded.
16. General
16.1 You agree that this Privacy Policy, our relationship and and any dispute of whatsoever nature relating to or arising out of this Privacy Policy whether directly or indirectly, shall be governed by the laws of the Republic of South Africa without giving effect to any principle of conflict of laws.
16.2 You agree that we may, at any time, transfer, cede, delegate or assign any or all of our rights and obligations under this Privacy Policy without your consent. We will notify you if we transfer, cede, delegate or assign any rights or obligations to a third party, but we do not have to notify you if we transfer, cede, delegate or assign any rights or obligations to any of our affiliates or to any person which acquires all or part of our business and/or assets. We may also sub-contract our obligations without your consent and we do not have to notify you if we sub-contract any of our obligations.
16.3 Subject to 16.2, this Privacy Policy shall apply for the benefit of and be binding on each party's successors and assigns.
16.4 Our failure to exercise or enforce any right or provision of this Privacy Policy shall not constitute a waiver of such right or provision.
16.5 Each provision of this Privacy Policy, and each part of any provision, is removable and detachable from the others. As far as the law allows, if any provision of this Privacy Policy, or part of a provision, is found by a court or authority of competent jurisdiction to be invalid, illegal or unenforceable (including, without limitation, because such provision is inconsistent with the laws of another jurisdiction), it must be treated as if it was not included in this Privacy Policy and the rest of this Privacy Policy will still be valid and enforceable.
17. Queries
17.1 If you have questions about our Privacy Policy, please contact us at https://www.subjex.co.za/
17.2 When POPIA becomes of force and effect, you will have a right to lodge a complaint to the Information Regulator (inforeg@justice.gov.za) for any contravention of POPIA.

WEBSITE TERMS OF USE


THESE TERMS OF USE ARE APPLICABLE TO YOUR ACCESS AND USE OF THIS WEBSITE. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE AS BY USING THIS SITE, YOU SIGNIFY THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, PLEASE LEAVE THIS WEBSITE.
Your access to and use of the Website (as defined below) is subject to these terms and conditions ("Terms"). Please read these Terms carefully before accessing or using this Website. If you do not agree to these Terms, please do not access or use the Website.
All of the provisions of these Terms are important, but please pay special attention to the parts that are inside a box with bold writing. These parts contain information about provisions that have special consequences for you. These parts are only intended to bring such provisions to your attention, and to explain their fact, nature and effect. They are aids to understanding only and are not provisions themselves. They do not limit the meaning or application of the terms, and do not apply only to the situations and examples described in the boxes or only to similar situations or examples.
1. What do these Terms regulate?
1.1 These Terms regulate your use of the website, accessible at https://www.subjex.co.za/l or such other URL as we may determine from time to time ("Website"). The Website is made available by SubjeX, a division of Paired Creation, with its registered address 90 Rivonia Road, Sandton ("SubjeX").
1.2 These Terms apply to any person (hereinafter referred to as "users" or "you" or "your") who for whatever purpose, accesses and/or uses the Website:
1.2.1 to complete the SubjeX questionnaire;
1.2.2 to access any other product and/or service made available on or by means of the Website; or
1.2.3 to access, use, refer to, view and/or download any information made available on or by means of the Website ("Content").
1.3 The activities listed at 1.2.1 to 1.2.3 above are referred to as the "Services".
1.4 The Website may facilitate your access to and/or purchase of products or services other than the Services ("Additional Products and Services") from SubjeX and/or third parties. All such Additional Products and Services are not provided under these Terms and you may have to enter into a separate agreement with SubjeX and/or the third party provider of such Additional Products and Services (as applicable) to regulate the provision of such Additional Products and Services.
2. Your agreement to these terms
2.1 By accessing and/or using the Website in any way, you agree that you enter into a legally binding contract with us upon these Terms, and our privacy policy which is accessible at https://www.subjex.co.za/ ("Privacy Policy"). The provisions of the Privacy Policy are hereby incorporated by reference into the Terms and any reference to "Terms" shall include the provisions of the Privacy Policy which have been so incorporated by reference. To the extent allowed by law, your access and/or use of the Website is deemed to mean that you agree to these Terms and the Privacy Policy. If you do not so agree, please do not access or use the Website.
2.2 In relation to specific Content and/or Services, we may require you to agree to additional terms from time to time, which terms will supplement and be deemed to be incorporated by reference in, and read with and as part of, these Terms.
2.3 You may print a copy of these Terms. If you have any difficulty printing these Terms or require assistance in obtaining a hard copy or electronic copy of these Terms, please contact our support team on [●] or send us an email at [●].
3. Accessing the Website and Services
3.1 To the extent allowed by law, we will not be responsible for your inability to access the Website, Services and/or Content due to limitations specific to your personal computers, mobile phones, and other similar devices ("Access Device"). To access the Content, you must have an Access Device which is able to connect to the Internet and to receive Content.
3.2 You, at your own cost, are responsible for obtaining and maintaining the Access Device, adequate and reliable internet access, and all information technology and telecommunication facilities, equipment, hardware, software, systems, and the like, ("Technology") needed to access the Internet and to use the Services. We are not responsible for any Internet access charges, service provider charges and/or data usage charges. These charges must be paid by you or the owner of the Access Device.
In the clauses above, you take on certain risks, liabilities and responsibilities and certain risks, liabilities and responsibilities of SubjeX are excluded. You are responsible for ensuring that you have access to an appropriate Access Device and to Technology to enable you to use the Website and/or the Services and for paying all associated costs.
4. Links to and from other Websites
4.1 The Website and the Services available through the Website may contain hyperlinks to websites operated by third parties (collectively, "Third Party Websites"). Such third parties and Third Party Websites may or may not be connected or associated with, owned, controlled, managed, maintained, updated or reviewed by SubjeX, but may be of interest to persons accessing the Website from time to time. Hyperlinks to Third Party Websites from the Website are provided as a convenience for persons accessing the Website for information purposes only. If you link to Third Party Websites, you may be subject to those Third Party Website terms and conditions and other policies.
4.2 Accordingly, any hyperlinks to Third Party Websites or references on the Website to third parties or any commercial products, processes, goods, services or websites whether by trade name, trademark, manufacturer or otherwise, do not constitute or imply and shall not be interpreted or construed as constituting SubjeX's approval, sponsorship, endorsement, association or support for those third parties, commercial products, processes, goods, services or Third Party Websites.
4.3 To the extent allowed by law, SubjeX does not take responsibility for the content, privacy policies and views expressed in or by Third Party Websites or the consequences of your reliance on any content made available on, or any product or service procured from or by means of, any Third Party Website.
4.4 To the extent allowed by law, as a web site user, it is solely your responsibility to verify and determine the veracity and accuracy of the data and information displayed on any other web site to which SubjeX may provide a hyperlink to from time to time.
4.5 Any data, information, endorsements, materials, representations or personal opinions displayed on the web sites to which SubjeX may provide a hyperlink to from time to time do not necessarily reflect the views, policies or practices of SubjeX, its agencies, officials or employees.
4.6 To the extent allowed by law, SubjeX:
4.6.1 specifically disclaims any legal responsibility for any data, information, endorsements, materials, representations or personal opinions displayed on any Third Party Website; and
4.6.2 shall not be liable for any inaccurate, defamatory, unlawful, offensive, or discriminatory data or information displayed on any Third Party Website.
4.7 To the extent allowed by law, your access to each Third Party Website is entirely at your own risk and SubjeX shall not be liable in any manner whatsoever for any direct, indirect, incidental or consequential loss or damage of any kind or nature howsoever arising from any use of or reliance on any data, information, claims, statistics, undertakings and/or representations displayed on any Third Party Website, including without limitation, any liability arising from the conclusion of any agreement, understanding or arrangement between a web site user(s) and any other person(s) for the provision of any form of services or the sale, lease or maintenance of any motor vehicle, motorcycle, object, good or thing.
In the clauses above, you take on certain risks, liabilities and responsibilities and certain risks, liabilities and responsibilities of SubjeX are excluded. You engage with and/or rely on information provided by third parties (including advertisers) through the Website at your own risk. SubjeX is not responsible or liable for any loss, liability, or damage arising from your engagements with such third parties and/or reliance on such information.
5. Accuracy of information provided by SubjeX
5.1 While SubjeX takes reasonable care to ensure the accuracy and completeness of any data or information provided by it on this Website, any person accessing this Website agrees that, to the extent allowed by law:
5.1.1 SubjeX, its officers, employees, service providers, contractors and agents do not accept any liability of whatsoever nature for any direct, indirect, incidental or consequential loss or damage of any kind or nature, howsoever arising from the use of or reliance on any such data or information; and
5.1.2 the Content is intended and produced for general information purposes only, and should not be relied upon as specific advice of any kind. In this regard, SubjeX expressly excludes any express or implied warranty as to the accuracy of the Content.
5.2 While SubjeX believes that the information related to any of the Services or Content posted on the Website was accurate as at the date that such Service and/or Content was first published or otherwise made available on the Website, SubjeX hereby (to the extent allowed by law) expressly disclaims any obligation or duty to update the information related to any such Service or Content on the Website. This Website may therefore not always contain the correct or most up-to-date information, details and descriptions relating to our products or Services or their subject matter. You are advised to contact us at info@subjex.co.za before using or relying on the information on the Website.
5.3 You acknowledge that any information, ideas and opinions expressed on the Website is not intended to, and does not, constitute professional advice or a replacement or substitute for professional advice of any nature whatsoever.
In the clauses above, you acknowledge and agree that the information and other Content provided through the Website may not be accurate and certain risks, liabilities and responsibilities of SubjeX in this regard are excluded. You will not be able to claim against SubjeX if you rely on any such information and other Content.
6. Information submitted by users and personal information
6.1 By submitting any information to us under these Terms and/or by means of the Website you warrant that you are entitled to use that information for the purpose for which it was submitted, and that we may use it for such purpose. You also agree that you will ensure that all such information is and is kept accurate and up-to-date at all times. To the extent allowed by law, it is your responsibility to keep any passwords secure, and SubjeX is entitled to rely on any actions taken on your account, for example submissions and/or changes to information, as having been done, or authorised to be done, by you, and SubjeX will not be liable for any loss or damage which you may suffer due to unauthorised access to your account and you will be responsible if SubjeX suffers any loss due to unauthorised access to your account.
6.2 During the course of your interaction on the Website and with SubjeX, you may be required to provide us with your personal information. By disclosing or submitting your personal information to us, you consent to us collecting, processing and storing your personal information for the purposes and in the manner described in our Privacy Policy.
In the clause above you take on certain risks, liabilities and responsibilities and certain risks, liabilities and responsibilities of SubjeX are excluded. SubjeX will not be responsible or liable if you do not update your details or if we do something using incorrect or out-of-date details which you have provided. It is your responsibility to keep any passwords secure. Everything done through your account will be treated as if it was done by you. You will be unable to hold SubjeX liable for any loss you may suffer as a result of your account being compromised. If SubjeX suffers a loss due to the unauthorised use of your account, you will be liable to reimburse them.
7. Your use of the Website and the Services
7.1 You must not use the Website or any Content in any manner which does not comply with the permitted uses under these Terms, or is in breach of these Terms.
7.2 We do not permit any infringement of intellectual property rights (including copyright) on the Website, and we may, at our sole discretion, remove any infringing Content if we are of the view that such Content infringes on another's intellectual property rights.
7.3 You must not use the Website to obtain, submit, post or distribute material containing viruses or any other destructive materials or data or code which is able to corrupt, interfere with, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation of a computer system or hardware or software ("Virus").
7.4 You must not perform any act which may jeopardise or interfere with the functionality or the operation of any part of the Website or our Services.
7.5 You are strictly prohibited from using the Website for "spoofing", "hacking", "flaming", "cracking", "phishing" or "spamming" or any other activity designed or aimed at achieving purposes similar or the same as the aforementioned acts.
7.6 You must not intercept any information transmitted to or from us or the Website which is not intended by us to be received by you.
7.7 Subject to the further provisions of these Terms, the Website and the Services may only be used by you for lawful purposes and it is expressly recorded that SubjeX does not grant you any rights to access or use any source code underlying the Website and/or the Services (to the extent applicable).
7.8 You are permitted to create a hyperlink to the home page of the Website so long as the link does not portray us, our employees, service providers, contractors or agents in a false, confusing, misleading, derogatory, or otherwise offensive manner or in any way associate us with any derogatory or otherwise offensive content. You also agree to ensure that any hyperlink to the home page of the Website is clearly visible.
7.9 We hereby authorise you to view, copy, download to a local drive, print and distribute the content of the Website, or any part thereof, provided that:
7.9.1 such content is used for information and non-commercial purposes only; and
7.9.2 any reproduction of the content available on or through the Website, or any part thereof, must include the following copyright notice: © SubjeX ALL RIGHTS RESERVED.
7.10 Any restrictions on the use of the Website or the Content shall also apply to any part of the Website or the Content which may be cached when using the Website or the Content.
7.11 In addition, you shall not and shall not allow a third party to:
7.11.1 decompile, disassemble or otherwise reverse engineer or attempt to reconstruct or discover any source code, underlying ideas, algorithms, file formats, programming of the software forming part of the Website and/or the Content (the "Software") or any files contained in or generated by the Software by any means whatever;
7.11.2 remove any product identification, copyright or other notices, from the Software, Content or related documentation;
7.11.3 lend to a third party or use any portion of the Software (whether or not modified or incorporated with other software) on or with any machine or system other than your practice's hardware; or
7.11.4 disseminate performance information or analysis of the Software from any source relating to the Software.
8. Intellectual Property
8.1 The Content and Services we make available to you through the Website is proprietary to us and is owned by or licensed to us, and as such, is protected from infringement by domestic and international law, including intellectual property law. Subject to the rights afforded to you in these Terms, all our rights, including intellectual property rights, in Content displayed on the Website, are expressly reserved.
8.2 You must not use, reproduce, copy, distribute or disclose the Website or the Content (in whole or in part) in any way that constitutes a violation of any law (including intellectual property law), or an infringement of our rights (including the intellectual property rights) or the rights of our licensors or any third party.
8.3 All intellectual property rights, including all rights, title and interest in and to the Website and Content, and all related trademarks, service marks, trade names, copyright, of whatsoever nature existing now and in the future, remain our absolute property and/or that of our licensors.
8.4 You will not, at any time, acquire any rights, title, ownership or interest, including any intellectual property rights, in or to the Website or the Content other than those rights expressly granted to you in the these Terms.
8.5 Where any of the Content has been licensed to us or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.
8.6 You agree that you will not, and will not permit any other person to, use, reproduce, copy, distribute or disclose any of the Content other than as expressly permitted in these Terms.
8.7 If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained in or on the Content.
8.8 You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.
8.9 All moral rights of SubjeX and its employees/agents are reserved.
9. Amendments
9.1 To the extent allowed by law, these Terms may be updated or amended by us at any time in our sole discretion, without notice. Accordingly, please check these Terms for changes periodically. If you continue to access or use the Website and/or the Services after amendments are made and displayed, you will be deemed to have accepted these changes.
9.2 SubjeX reserves the right to update and/or amend the Website, Content and/or Services (in whole or in part) at any time in its sole and absolute discretion and without notice.
10. Security
In relation to any Personal Information governed by the Privacy Policy, SubjeX makes certain security commitments as set out in the Privacy Policy. However, to the extent allowed by law, SubjeX does not make any representations or warranties that such information will remain secure from unauthorised access or disclosure.
11. Indemnity
To the extent allowed by law, you hereby indemnify and hold us and our employees, officers, agents, advisers, service providers, contractors, sub-contractors and suppliers harmless from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to attorneys' fees) arising from:
11.1 your access to and/or use of the Website, Content and/or the Services;
11.2 your violation of any provision of these Terms;
11.3 your violation of any third party right, including without limitation any copyright, trademark, trade secret or other property, or privacy right; or
11.4 any claim that any content or information submitted or posted by you or on your behalf is inaccurate, defamatory, unlawful, offensive and/or discriminatory and/or that it caused damage or loss to any person.
This clause will survive termination, modification or expiration of these Terms and your use of the Services and the Website.
In the clause above you agree that in certain circumstances we may face claims for losses, damages, and liabilities arising out of, among other things, your use of the Website and/or Services. In these circumstances, you will have to pay all amounts which we may have to pay as a result of these claims and defend us in such claims.
12. Limitation of Liability
12.1 Subject to clause 12.2 below and any other express provision of these Terms to the contrary, and to the extent allowed by law:
12.1.1 we make no representations or warranties, implied or otherwise, that, amongst others, the Website, Services and/or Content will be 100% uninterrupted and error free;
12.1.2 neither we nor any of our employees, officers, directors, subsidiaries, shareholders, affiliates holding companies, affiliates, successors, assigns, representatives, agents, advisers, service providers, sub-contractors and suppliers shall be liable:
12.1.2.1 for any damage, loss or liability of whatsoever nature arising from the use, inability to use and/or reliance on the Website, Services and/or Content, including but not limited to any data, information, endorsements, materials, representations or personal opinions displayed on the Website (including if any are inaccurate, defamatory, unlawful, offensive, or discriminatory), and/or any Virus;
12.1.2.2 in any manner whatsoever for any direct, indirect, incidental or consequential loss or damage of any kind or nature howsoever arising from any use of or reliance on any Content and/or other data, information, claims, statistics, undertakings and/or representations displayed on the Website.
12.2 Notwithstanding anything to the contrary in these Terms, to the extent allowed by law, if SubjeX and/or any of its employees, officers, directors, subsidiaries, shareholders, affiliates holding companies, affiliates, successors, assigns, representatives, agents, advisers, service providers, sub-contractors and suppliers is liable to you under these Terms for any claims, losses and/or damages, then the aggregate amount of such claims, losses and/or damages shall be limited to an amount paid by you for the Services.
12.3 Information, ideas, and opinions expressed on this Website should not be regarded as professional advice or our official opinion and users are encouraged to seek professional advice before taking any course of action related to information, ideas or opinions expressed on this Website.
12.4 This clause 12 is subject to clause 15.2.
In the clauses above we exclude our liability to you under these Terms and in relation to your use of the Website or Services and for certain kinds of damages and losses, to the extent permissible by law. You will not be able to recover such damages and losses from us.
13. Exclusion of warranties and representations
To the extent allowed by law, the Website, Content and the Services are provided "as is" without any representation or warranty whatsoever, whether express, implied or statutory, including (without limitation) any representation or warranty as to the operation, integrity, compatibility, availability or functionality of the Website or as to the operation, accuracy, completeness, integrity, compatibility, availability functionality or reliability of the Content and/or Services. It is your responsibility to satisfy yourself prior to entering into this agreement with us that the Content and Services available from and through the Website will meet your individual requirements.
The Website, Content and the Services are provided "as is" and we do not guarantee that they will be fit for your purposes, accurate, free of defects, complete or meet any other standards implied by law or otherwise, to the extent allowed by law.
14. Electronic Communications
By using the Website and/or the Services and accepting these Terms, you agree that all agreements, notices, disclosures and other communications sent by you or the company you represent satisfy any legal requirements, including but not limited to the requirement that such communications should be "in writing". For the purposes of this clause, a "data message" means data generated, sent, received or stored by electronic means.
15. Consumer Protection
15.1 If these Terms (or any contract governed by these Terms) and/or any Content and/or Services provided and/or made available on the Website are regulated by or subject to the Consumer Protection Act 68 of 2008, as may be amended from time to time (the "CPA"), it is not intended that any provision of these Terms contravene any provision of the CPA. Therefore all provisions of these Terms must be treated as being qualified, to the extent necessary, to ensure that the provisions of the CPA are complied with.
15.2 No provision of these Terms (or any contract governed by these Terms):
15.2.1 does or purports to limit or exempt us from any liability (including, without limitation, for any loss directly or indirectly attributable to our gross negligence or wilful default or that of any other person acting for or controlled by us) to the extent that the law does not allow such a limitation or exemption;
15.2.2 requires you to assume risk or liability for the kind of liability or loss, to the extent that the law does not allow such an assumption of risk or liability; or
15.2.3 limits or excludes any warranties or obligations which are implied into these Terms (or any contract governed by these Terms) by the CPA (to the extent applicable) or which we give under the CPA (to the extent applicable), to the extent that the law does not allow them to be limited or excluded.
16. General
16.1 You agree that these Terms, our relationship with you and any dispute of whatsoever nature relating to or arising out of these Terms and/or your use of or inability to use the Website, Content or Services whether directly or indirectly, shall be governed by the laws of the Republic of South Africa without giving effect to any principle of conflict of laws, and shall be subject to the non-exclusive jurisdiction of the High Court of South Africa. To the extent necessary, we and you consent and submit to the jurisdiction of such court.
16.2 Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.
16.3 You agree that we may, at any time, transfer, cede, delegate or assign any or all of our rights and obligations under these Terms without your consent. We will notify you if we transfer, cede, delegate or assign any rights or obligations to a third party, but we do not have to notify you if we transfer, cede, delegate or assign any rights or obligations to any of our affiliates or to any person which acquires all or part of our business and/or assets. We may also sub-contract our obligations without your consent and we do not have to notify you if we sub-contract any of our obligations.
16.4 Subject to 16.3, these Terms shall apply for the benefit of and be binding on each party's successors and assigns.
16.5 Each provision of these Terms, and each part of any provision, is removable and detachable from the others. As far as the law allows, if any provision of the Terms, or part of a provision, is found by a court of competent jurisdiction to be invalid, illegal or unenforceable (including, without limitation, because such provision is inconsistent with the laws of another jurisdiction), it must be treated as if it was not included in these Terms and the rest of these Terms will still be valid and enforceable.
16.6 Subject to any additional terms as contemplated in clause 2.2.:
16.6.1 these Terms make up the whole agreement between you and us relating to your use of the Content, Services and Website, and these Terms supersede any and all prior understandings, proposals, agreements, negotiations and discussions between us, whether written or oral; and
16.6.2 as far as the law allows, neither you nor we are required to comply with any term, condition, undertaking, representation or promise relating to the Content, Services and/or Website that is not expressly set out in these Terms.
16.7 The termination of any contract created by these Terms will be without prejudice to any other rights or remedies that you or we may be entitled to under these Terms or at law, and will not affect any of our or your accrued rights or liabilities nor the coming into or continuance in force of any provision of these Terms which is expressly or by implication intended to come into or continue in force on or after such termination.
17. How to contact us
If you have questions about these Terms, our Privacy Policy or any documents incorporated by reference in these Terms, or wish to request permission to use any part of the Website, including, linking, framing, or searching, please contact us at info@subjex.co.za