It is acknowledged and agreed by the User that by accessing this Web Site (‘Site’) or using any facility provided on this Site, the User agrees to be bound by the Terms and Conditions as set out hereunder. Take notice that the Terms and Conditions may, without prior notice, be amended from time to time, and it is the User’s responsibility to regularly familiarise himself/herself with any amended Terms and Conditions.
- USE OF THE WEB SITE
1.1 The User uses the Octodec Investments Limited (‘Octodec’) Site at his/her own risk. The Site is intended to provide the User with information regarding the products and/or services that may be offered to the general public by Octodec, from time to time.
1.2 The User acknowledges that the information contained on this Site may be viewed, downloaded, printed and distributed for information purposes only and that any information contained on this Site may not, under any circumstances, be used for commercial purposes. Should any information on this Site be utilised for commercial purposes, the User shall obtain the prior written consent of Octodec and all such information shall be accompanied by the relevant Copyright notice, as set out more clearly hereunder.
- SUBMISSION OF CONTENT
2.1 The User is prohibited from posting or transmitting reviews, comments, suggestions, ideas, questions or other information through the Site which is or could be deemed as containing content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically or otherwise objectionable in any way whatsoever.
2.2 Octodec does not review (nor is it under any obligation to do so) any submitted content and it reserves the right to remove any content from the Site that it deems, in its sole discretion, to be an infringement of any of the provisions of these Terms and Conditions, contravenes any law or is harmful in anyway whatsoever.
2.3 The use of any non-personal or commercial use of any robot, spider, other automatic device, technology, or manual process to monitor or copy portions of the Site, or the content contained therein, is strictly prohibited.
- CHANGES AND AMENDMENTS
Octodec reserves its rights to, without notice, amend, alter and/or substitute any information/content of the Site as well as any of the Terms and Conditions hereof. The User acknowledges that he/she will be bound by the information, content and/or Terms and Conditions, as amended from time.
- INTELLECTUAL PROPERTY RIGHTS
4.1 The User is granted a temporary, non-exclusive and revocable license to use the information or content included in this Site for his/her personal use.
4.2 All information or content included on the Site such as text, graphics, logos, buttons, icons, images, photographs, audio clips, databases and software is the property of Octodec or its content suppliers and is protected by South African and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on the Site is the exclusive property of Octodec and is protected by South African and international copyright laws.
4.3 Notwithstanding anything to the contrary contained herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, except as permitted by the fair use privilege under the South African copyright laws or without the prior written permission of Octodec or the copyright owner.
- ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT, ACT 25 OF 2002
6.1 Any data messages including but not limited to emails sent by the User, will only be regarded as being received by Octodec at such time when Octodec either acknowledges receipt of or responds to such data message in writing. Any data messages sent by Octodec shall be regarded as being received by the User in terms of the provisions of Section 23(b) of the Electronic Communications and Transactions Act.
6.2 The User acknowledges that electronic signatures, encryption and/or authentication is not required for valid electronic commutations between the User and Octodec.
6.3 Should the User not receive any response from Octodec within a reasonable time of sending a data message, the User is requested to follow up on such data message.
6.4 No permission is granted or implied in anyway whatsoever that any information provided on the Site may be used to communicate unsolicited communications to Octodec and all rights detailed in Section 45 of the Electronic Communications and Transactions Act are reserved.
6.5 Unless specifically otherwise agreed to in these Terms and Conditions, no agreement will be concluded between Octodec and the User.
- LINKS TO THIRD PARTY WEB SITE(S)
7.1 This Site may include information supplied by an external third party Web Site from time to time. The User acknowledges that the information supplied by such external third party Web Sites are intended solely for the convenience of the User and may not be accepted, implied or construed as being correct, approved, endorsed, warranted or accepted by Octodec.
7.2 The external third party Web Sites are not under the control of Octodec and Octodec will not, under any circumstances, be held responsible for the information or content that may be either contained, displayed and/or transmitted from such external third party Web Sites. To this end, the User acknowledges that it assumes sole responsibility for any use of information as supplied by the external third party Web Sites and Octodec will, in no manner whatsoever, be responsible for any inconsistencies, inaccuracies, incompleteness or reliability of such information.
7.3 The User acknowledges that any and all information submitted by the User to any external third party Web Sites is not controlled or is capable of being controlled by Octodec, and the User further acknowledges that Octodec cannot guarantee that such information will not be utilised for legal purposes nor will Octodec be held responsible for the privacy practices of such external third party Web Sites.
- EMAIL SUBSCRIPTIONS
Octodec may from time to time compile and maintain a database of email addresses to be utilised by Octodec or its agent(s) to distribute newsletters. The User may, at any time, subscribe to the newsletter by providing Octodec with the necessary information that is required to subscribe to the newsletter. The User may, at any time, unsubscribe from the newsletter by following the procedure set out in the subscriptions page. Octodec considers all information submitted by the User as confidential and said information will only be accessible by Octodec and/or its authorised agents.
- EMAIL ADDRESS
Octodec will record and save the User’s email address should the User send an email to Octodec. The User’s email address will be added to Octodec’s mailing list and will only be utilised for its intended purpose and for no other purpose whatsoever. All User information is regarded as strictly confidential and will not, save with the User’s written permission, be disclosed to any third party.
- SECURITY AND PRIVACY
Octodec respects the privacy of its Users and will take all reasonable steps to protect the personal information of the User. Octodec further undertakes to: 1) maintain the privacy of its online visitors and the User; 2) not to collect personally identifiable information from individuals unless the individual User provides such information to Octodec voluntarily and knowingly; and 3) any information collected by Octodec from the User is used solely for internal purposes or are required to process personal data in the provision of services by Octodec. To this end, Octodec may electronically collect, store and use the following personal information of its Users: i. title, name and surname; ii. Street address; iii. Postal address; iv. Contact numbers; v. non-personal browsing habits and click patterns; vi. E-mail address; and / or IP addresses.
- LIABILITY AND DISCLAIMER
11.1 The information, content, services, products and materials published on the Site, including without limitation, text, graphics and links are provided on an “as is” basis. Octodec makes no representations or warranties of any kind, express or implied, as to the operation of the Site or the accuracy, correctness or completeness of the information, contents, materials, or products included on the Site.
11.2 Octodec does not warrant that the Site will be error free or will meet any particular criteria of accuracy, completeness or reliability of information, performance or quality.
11.3 Octodec does not warrant that the Site will be functional at all times and reserves the right to perform maintenance thereon from time to time.
11.4 Octodec does not warrant and/or provide any guarantee that any property that may, from time, be advertised, displayed, mentioned or referenced on the Site, will be available at any given time. Any prospective investor, applicant, tenant or person must make enquires at its authorised agent’s offices.
11.5 Whilst Octodec has taken all reasonable measures to ensure the integrity of the Site and its contents, no warranty, whether express or implied, is given that any files, downloads or applications available via the Site are free of viruses, Trojans, bombs, time-locks or any other date or code which has the ability to corrupt or affect the operation of your system.
11.6 Octodec will not, save in the event of wilful misconduct and gross negligence, under any circumstances, be liable for any damages of whatsoever nature and howsoever arising as a result of the usage of this Site, or any linked Site. Without limiting the foregoing disclaimer, Octodec will not be held liable for any direct, indirect, incidental, punitive, and consequential damages. All such damages will be borne by the User.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of South Africa.
13.1 In the event that any of the terms of these Terms and Conditions are found to be invalid, unlawful or unenforceable, such terms will be severable from the remaining terms, which will continue to be valid and enforceable.
13.2 These Terms and Conditions represents the entire agreement between the User and Octodec for the use of the Site and supersedes any prior statements or representations.
13.3 The User warrants that Data Messages sent to Octodec from any electronic device, used by the User from time to time or owned by the User, were sent and or authorised by the User personally.