Terms and Conditions
1. APPLICATION OF THESE TERMS AND CONDITIONS
1.1 These terms and conditions (“Terms”) apply to the Aleuta website located at www.aleuta.com (the “Website”), all sub domains and services. The Website is owned and operated by Wiscor Technologies.
1.2 These Terms are binding on everyone who chooses to access the Website, become a member of it or participate in any activity offered on the Website. By using this Website, the person accessing the Website and/or using the Website (the “User”) agrees to be bound by and shall be regarded to have accepted to abide by these Terms, and acknowledges to have read and understood them. If the User does not agree to any of the Terms, the User must not enter, view or make use of the Website.
1.3 Aleuta reserves the right to and may occasionally make any changes to these Terms by uploading the amended Terms on the Website. If the User continues to use this Website, after the changes have been made, this action shall represent the User’s agreement to the updated Terms.
2. WEBSITE USE
2.1 The content published on the Website reflects the views of the relevant User or author and does not necessarily represent the official opinion of Aleuta unless otherwise stated.
2.2 A User shall not post on the Website any content that is illegal, unlawful, obscene, defamatory, discriminatory, disparaging of others, derogatory, inflammatory, harassing, insulting, offensive or likely to promote violence or hatred against others or that contains abusive, offensive or profane language. A User shall also not post on the Website any link to any such content.
2.3 The Website may contain links to other websites. Aleuta has no control over such websites and does not review their content and will not be responsible for their content or accuracy. The User accesses such websites at the User’s own risk and judgment.
2.4 The User may not link to this Website without Aleuta’s prior written consent.
2.5 By accessing this Website, the User represents and warrants that the User owns and/or otherwise controls all of the rights to the content that the User posts and/or uploads on the Website. Furthermore, the User represents and warrants that the content submitted to the Website is accurate; can be used; and will not result in injury, insult any person or violate any clause of these Terms or any law. The User shall indemnify and hold harmless Aleuta, its representatives, employees, agents and contractors from and against any and all loss by any person which results from a violation of these representations or warranties.
3. USER CONTENT
3.1 In uploading content and material to the Website, the User grants Aleuta a non-exclusive, royalty free, sub-licensable licence to use, copy, adapt, distribute and reveal to third parties any such content and material for any purpose in any form throughout the world without any time limitation.
3.2 The Website allows Users to upload, create and develop work, content and material (the “Works”). By using the Website, the User grants Aleuta a non-exclusive, royalty free, sub-licensable licence to use, copy, adapt, distribute and reveal to third parties any such Works for any purpose in any form throughout the world without any time limitation.
3.3 The User acknowledges that the Works are created and developed using the Website’s dynamic tools. The User agrees not to commercialise, license, publish, market or sell the Works through any other platform, medium or means without prior written agreement from Aleuta. If the User wishes to do any of this, or if the Users wishes to market the Works through the Website, the User may contact Aleuta who will provide the User with more information regarding the various options in this regard.
4.1 If the User chooses or is provided with identification codes, usernames, passwords or any similar form of identification information as part of the Website’s security systems, such User must keep this information secret and confidential and must not permit anyone else to use it. The User shall be responsible for all access to the Website with the User’s username and password. When the User’s username and password have been used in order to gain access to the Website, Aleuta shall be entitled to assume that such use and all related communications emanate from the User. Aleuta shall not be liable for any loss or damage arising from unauthorised use of the User’s identification information.
4.2 Should the User become aware of a breach of the confidentiality of the User’s username and password, the User must immediately communicate this to Aleuta with a later confirmation in writing. The compromised username and password will be deactivated as soon as reasonably possible and a new username and password will be issued to the User. Aleuta may, in its sole and absolute discretion and for any reason whatsoever, require the User to change his username and password at any time.
5.1 In order to do transactions on the Website, a User will be required to complete their personal payment information where requested by the Website by using the payment portals available on the Website. The User is responsible for ensuring that they are transacting over a secure connection on the internet prior to making any payments.
5.2 The User is responsible for ensuring that they follow the payment instructions and have provided their correct personal payment details. Aleuta will not be liable to refund or compensate the User in the instance of an error due to any incorrect or mistaken purchases and/or any incorrect information provided by the User when making payments or transactions. All transactions are final upon successful payment.
6. LIABILITY AND INDEMNITY
6.1 Aleuta shall not be responsible or liable in respect of any commentary, advice, information, suggestions, opinions, answers or information as to the quality, legality or any other characterises of the products, services or activities being offered through the Website.
6.2 The User makes use of any such information referred to in clause 6.1 at the User’s own risk and in the User’s own discretion. The User indemnifies Aleuta from and against any and all liability and responsibility arising from the User relying on such information whether posted on the Website or by any other person visiting the Website.
6.3 The Website and all information, content, materials and services included or otherwise made available to the User in it or provided on an “as is” and on an “as available” basis.
6.4 Aleuta does not warrant, whether express or impliedly, in regard to the Website, its contents, accuracy, availability or any activity provided through the Website. Without taking away from anything that has been previously said, Aleuta does not warrant that the Website or any files that may be downloaded from it are free of viruses, worms, trojan horses or any other code that have malicious, contaminating or destructive properties.
6.5 The User takes all responsibility and risk for making use of the Website. Despite anything to the contrary contained in these Terms, Aleuta will have no liability for any loss, damage, cost, claim or penalty of whatsoever nature including, but not limited to, indirect and consequential loss or damage and loss of profits, however arising out of or in connection with these Terms, the Website or use of the Website, whether caused by latent or patent defects in the Website, the use of the Website and/or information contained on the Website or otherwise.
6.6 Aleuta shall not be liable for and the User hereby indemnifies Aleuta against any and all liability of any nature whatsoever suffered by the User or any third party in relation to any act or omission by the User in relation to the Website and the use thereof by the User, and/or arising from the provisions of these Terms.
6.7 Aleuta will not be liable for any delay, failure, violation or non-compliance with its obligations under these Terms if such delay, failure, violation or non-compliance is beyond the reasonable control of Aleuta.
6.8 Although effort will be made to have this Website available at all times, the Website may become unavailable due to maintenance or repairs, loss of connectivity or some other form of interruption. Aleuta does not warrant against nor will it be held legally responsible for such downtime and is hereby indemnified from any loss, damage, claims, costs or penalties incurred as a result of such unavailability.
6.9 These Terms do not intend to, nor shall they be interpreted to, limit the liability of Aleuta in any way which would be against the law for Aleuta to exclude or attempt to exclude or where such exclusion is banned by any law in force from time to time in the Republic of South Africa.
7. INTELLECTUAL PROPERTY
7.1 The content displayed on the Website including (but not limited to) pictures, photos, text, names, titles, brands, drawings and models comprises intellectual property belonging to Aleuta or its licensors (“Intellectual Property”).
7.2 The Intellectual Property is protected by South African and international law. The respective owners of this Intellectual Property (“Owner/s”) shall continue to own all such rights therein unless provided otherwise in these Terms.
7.3 The User agrees:
7.3.1 not to use or register any trade mark(s), trade name(s) or other device(s) which are or incorporate marks which are the same as or confusingly similar to any Owner’s trade mark(s) or which marks are likely to be related to any Owner’s trade mark(s) or where such use would take unfair advantage of or be detrimental to the distinctive character or the reputation of any Owner’s trade mark(s);
7.3.2 not at any time to do or cause to be done any act or thing in any way that will impair or tend to impair any part of any Owner’s rights, title and interest in and to the Intellectual Property; and
7.3.3 not in any way to make unauthorised use of the Intellectual Property or to represent that User has any rights of any nature in the Intellectual Property or any registrations thereof.
7.4 The User agrees not to make any unauthorised use, reproductions or copies of any work or material displayed or made available on the Website and agrees to adhere to and comply with all policies, conditions of use and rules that may apply to the use of such work or material.
7.5 The Owners may report any infringement of their Intellectual Property rights by submitting a complaint to Aleuta using the contact details contained in these Terms. Aleuta will assess the validity of the complaint and if it is found that there has been an infringement, the infringing content will immediately be removed from the Website.
7.6 Aleuta’s graphics, logos, page headers, button icons, scripts and service names are the trade marks or trade dress of Aleuta. Aleuta’s trade marks and trade dress may not be used in connection with any product or service that is not conducted by Aleuta or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Aleuta. The User may not use any of the Intellectual Property without Aleuta’s prior written consent. All other trade marks not owned by Aleuta that appear on the Website are the property of their respective owners who may or may not be affiliated with, connected to, or sponsored by us. The User may not use such trade marks without prior written consent from the relevant owners.
8. MALICIOUS SOFTWARE AND OFFENSES
8.1 The User warrants that:
8.1.1 the User will not use the Website in any way that causes, or is likely to cause, the Website and access to the Website to be interrupted, damaged or impaired in any manner;
8.1.2 no form of virus, Trojans, worms, logic bombs, or other malicious coding, virus or software will be introduced onto the Website or into Aleuta’s system which may cause any form of technological harm or any other form of harm in any manner or respect;
8.1.3 the User will not attempt to gain unauthorised access to the Website; and
8.1.4 the User will not attempt to gain unauthorised access to the Website’s server, databases, computers or any other device associated with the Website and will not attack the Website through a denial-of-service attack or a distributed denial-of-service attack.
8.2 Any breach of these Terms regarding malicious software and offenses will be reported to the relevant law enforcement agencies and Aleuta will co-operate in all respects with those law enforcement agencies, including by way of disclosure of the identity and identification information of the User.
8.3 Although Aleuta and its representatives will use reasonable efforts to ensure that no malicious content can be received from the Website, Aleuta does not warrant that the Website is free of malicious content or viruses and Aleuta will not be held liable for any loss resulting from a distributed denial-of-service attack, or any malicious content as described in clause 8.1.2. which may infect any User’s computer or device, computer equipment, data or any other propriety material where such loss is or may be attributed to the User’s use of the Website or downloads received from the Website.
8.4 The User warrants that he will not use the Website in any manner that will break any law enforceable in South Africa or cause any annoyance, unnecessary anxiety or inconvenience to any person.
9. SUSPENSION AND DEREGISTRATION
9.1 Aleuta reserves the right to at any time suspend or terminate the Website or any activity on the Website for any reason, including (without limitation) any misconduct or unlawful use of the Website by any User or for any reasons relating to any law, legislation or regulation.
9.2 In the event that the Website, any activity or event on the Website or any person’s purchase of any of the services offered for sale on the Website is suspended or terminated, a person shall have no claim against Aleuta for whatever reason.
If the User commits any breach of these Terms, any of Aleuta’s codes of conduct or policies, or in any other way interacts with or uses the Website in an unlawful or unauthorised manner, Aleuta will be entitled, in its sole and absolute discretion, to terminate the User’s access to the Website immediately (without prior notice), without any liability on Aleuta’s part and without prejudice to Aleuta’s rights in terms of these Terms or at law.
11.1 Each Party chooses the addresses set out opposite its name below as its addresses to which all notices and other communications must be delivered for the purposes of this Agreement and its domicilium citandi et executandi (“Domicilium”) at which all documents in legal proceedings in connection with this Agreement must be served:
11.1.1 Aleuta: As per clause 13:
11.1.2 The User: As per the address supplied by the User upon registering with the Website, failing which such address as provided by the User upon request by Aleuta.
11.2 Any notice or communication required or permitted to be given to a Party pursuant to the provisions of this Agreement shall be valid and effective only if in writing and sent to a Party’s chosen address, provided that documents in legal proceedings in connection with this Agreement may only be served at a Party’s Domicilium.
11.3 Any notice by e-mail to a Party at its e-mail address shall be deemed, unless the contrary is proved, to have been received on the first business day after the date of transmission.
11.4 Notwithstanding anything to the contrary contained in this clause 11, 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 in terms of clause 11.1.
12.1 These Terms will be governed by and construed in accordance with the laws of the Republic of South Africa.
12.2 If at any time there is a failure by Aleuta to insist on strict performance of any of the User’s obligations under these Terms and related contracts, this shall not be construed to be a waiver of such rights and shall not relieve the User from compliance with such obligations. A waiver of any one default is not to be interpreted as a condonation of any other or further defaults.
12.4 Any and all communications between the Parties, whether legal or merely for notification purposes, correspondence or for any other reason will only satisfy any legal requirement if it is reduced to writing whether electronic or otherwise.
13. DISCLOSURE OF INFORMATION
13.1 Website’s owner: Wiscor Technologies
13.2 Registration number: IT001008/2016 (D)
13.3 Physical address: 31 Joe Slovo Street
13.4 Telephone number: 031 3056192
13.5 Website address: www.aleuta.com
13.6 E-mail address: email@example.com
13.7 Physical address where Aleuta will receive legal service of documents:
2. INFORMATION COLLECTED
2.1 If a User accesses the Website without giving Aleuta any personal information, Aleuta may still gather certain non-personal information, including information regarding the User’s activities on the Website.
2.2 If the User registers with the Website, Aleuta will collect and use the User’s personal information. This information may include, without limitation, the User’s name and contact details, financial information, transaction history and details of the User’s visits to the Website.
3. PURPOSE FOR WHICH PERSONAL INFORMATION IS USED
The purposes for which Aleuta uses personal information includes, but is not limited to:
3.1 providing services to the User;
3.2 facilitating the User’s transactions on the Website;
3.3 improving the products and services offered by Aleuta as well as the User’s experience when using the Website;
3.4 marketing, promote and advertise products and services to the User;
3.5 communicating with the User for Aleuta’s internal purposes; and
3.6 research conducted by Aleuta.
4. RELEASE OF PERSONAL INFORMATION
4.1 Aleuta may release the User’s personal information or disclose it to third parties in certain circumstances, including, but not limited to the follow:
4.1.1 if Aleuta is required to do so by law or a court order;
4.1.2 in order for Aleuta to enforce its rights;
4.1.3 in order for Aleuta to provide goods or services to the User.
5. MARKETING AND PROMOTIONAL MATERIAL
5.1 Aleuta may from time to time send marketing and promotional material to the User. By registering on the Website, the User consents to Aleuta sending such material to the User.
5.2 The User may unsubscribe from receiving further marketing and promotional material. If the User wishes to do so, the User can follow the “unsubscribe” link in the material or send an email to Aleuta.
6. TRANSFER OF PERSONAL INFORMATION
Personal information collected by Aleuta may be transferred to persons in other countries. The User consents to such transfer. Aleuta will take reasonable steps to ensure that such persons have appropriate privacy measures in place.
7.2 Users may disable or decline cookies. However, if the User does so, the User might not be able to use the Website properly and certain aspects of the Website might not function.