Content of the website

• • Munsoft reserves the right to make improvements, to change or to discontinue, without notice, any aspect or feature of the Website and any information or content on the Website.
  • Munsoft reserves the right to change and amend the products on this Website from time to time without notice.
  • Munsoft may use the services of third parties to provide information on the Website. Munsoft has no control over this information and makes no representations or warranties of any nature as to its accuracy, appropriateness or correctness. The user agrees that such information is provided “as is” and that Munsoft and its online partners will not be liable for any losses or damages that may arise from the user’s reliance on it, howsoever these may arise.
  • Munsoft makes no representations or warranties, whether express or implied, as to the accuracy, completeness or reliability of any information, data and/or content on the Website, including without limitation:
    • Munsoft does not warrant that the Website or information or downloads will be error-free or that they will meet any particular criteria of performance or quality. Munsoft expressly disclaims all implied warranties, including without limitation, warranties of merchantability, fitness for a particular purpose, non-infringement, compatibility, security and accuracy;
    • whilst Munsoft has taken reasonable measures to ensure the integrity of the Website and its contents, no warranty, whether express or implied, is given that any files, downloads or applications available via this Website are free of viruses, or any other data or code which has the ability to corrupt, damage or affect the operation of the user’s system; and
    • Munsoft disclaims any responsibility for the verification of any claims. Information published on this Website may be done so in the format in which Munsoft receives it and statements from external parties are accepted as fact.

Linked third party websites and third party content

• • Munsoft may provide links to third party websites on the Website. These links are provided to the user for convenience purposes only and Munsoft does not endorse, nor does the inclusion of any link imply Munsoft’s endorsement of, such websites, their owners, licensees or administrators or such websites’ content or security practices and operations.
  • While Munsoft tries to provide links only to reputable websites or online partners, Munsoft cannot accept responsibility or liability for the information provided on other websites. Linked websites or pages are not under, nor subject to, the control of Munsoft. Munsoft is not responsible for and gives no warranties or makes any representations in respect of the privacy policies or practices of linked or any third party or advertised websites on the Website.
  • You agree that Munsoft will not be held liable, directly or indirectly, in any way for the content, the use or inability to use or access any linked website or any link(s) contained in a linked website, nor for any loss or damage of any sort incurred as a result of any dealings with, or as the result of the presence of such third party linked websites on the Website. Any dealings that you may have with any linked websites, including advertisers, found on the Website, are solely between you and the third party website.

Usage restrictions

The user hereby agrees that it will not itself, nor through a third party:

• copy (other than for backup, archival or disaster recovery purposes), reproduce, translate, adapt, vary, modify, lease, licence, sub-licence, encumber or in any other way deal with any part of the Website for any reason and in any manner, unless it is consistent with the intent and purpose of these Terms;
• decompile, disassemble or reverse engineer any portion of the Website;
• write and/or develop any derivative of the Website or any other software program based on the Website;
• modify or enhance the Website. In the event of a user effecting any modifications or enhancements to the Website in breach of this clause, such modifications and enhancements will be the property of Munsoft;
• without Munsoft’s prior written consent, provide, disclose, divulge or make available to or permit the use of or give access to the Website by persons other than the user;
• remove any identification, trademark, copyright or other notices from the Website;
• post or transmit, by means of reviews, comments, suggestions, ideas, questions or other information through the Website, any content which is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually-explicit, profane or hateful, or racially, ethnically or otherwise objectionable content of any kind; and/or
• notwithstanding anything contained to the contrary in these Terms, use the Website for any purpose other than personal, non-commercial and information purposes.

Security

• • In order to ensure the security and reliable operation of the services to all Munsoft’s users, Munsoft hereby reserves the right to take whatever action it may deem necessary to preserve the security, integrity and reliability of its network and back-office applications.
  • You may not utilise the Website in any manner which may compromise the security of Munsoft’s networks or tamper with the Website in any manner whatsoever, which will include without limitation, gaining or attempting to gain unauthorised access to the Website, or delivering or attempting to deliver any unauthorised, damaging or malicious code to the Website, all of which is expressly prohibited. Any person or entity which does so, or attempts to do so, will be held criminally liable. Further, should Munsoft suffer any damage or loss, civil damages will be claimed by Munsoft against the user.
  • Any user who commits any of the offences detailed in Chapter 13 of the Electronic Communications and Transactions Act 25 of 2002 (“ECTA”) (specifically sections 85 to 88 (inclusive)) will, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by Munsoft and its affiliates, agents and/or partners.

Intellectual property rights

• • For the purpose of this clause, the following words will have the following meanings ascribed to them:
    • “Intellectual property rights” means all and any of the rights in and to intellectual property of any nature whatsoever owned and/or controlled directly or under licence by Munsoft, now or in the future, including without limitation, Munsoft’s rights, title and interest in and to all technology, source code/s, trade secrets, logos, systems, methods, trademarks, trade names, styles, insignia, designs, patents and copyright, and all similar proprietary rights which may subsist in any part of the world, whether registered or not.
  • All copyright and other intellectual property rights in all content, trademarks, software, data, material, including logos, databases, text, graphics, icons, hyperlinks, confidential information, designs, agreements, and multimedia works, published on or via the Website (“proprietary material”), are the property of, or are licensed to, Munsoft and as such are protected from infringement by local and international legislation and treaties.
  • By submitting reviews, comments and/or any other content (other than your personal information) to Munsoft for posting on the Website, you automatically grant Munsoft and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable right and licence to use, reproduce, publish, translate, sub-license, copy and distribute such content in whole or in part worldwide, and to incorporate it in other works in any form, media, or technology now known or hereinafter developed, for the full term of any copyright that may exist in such content. Subject to this licence, you retain any and all rights that may exist in such content.
  • All rights not expressly granted are reserved and no right, title or interest in any proprietary material or information contained in this Website is granted to you.
  • Except with Munsoft’s express written permission, no proprietary material from this Website may be copied or retransmitted.
  • Irrespective of the existence of copyright, the user acknowledges that Munsoft is the proprietor of all material on the Website (except where a third party is indicated as the proprietor), whether it constitutes confidential information or not, and that the user has no right, title or interest in any such material.
  • Munsoft authorises you only to view, copy, temporarily download to a local drive and to print the content of this Website, or any part thereof, provided that such content is used for personal purposes and for information purposes only, and such content is used for non-commercial purposes.

Risk, limitation of liability and indemnity

• • The user’s use of this website and the information contained on the website is entirely at the user’s own risk and the user assumes full responsibility and risk of loss resulting from the use thereof.
  • The transmission of information via the internet, including without limitation e-mail, is susceptible to monitoring and interception. The user bears all risk of transmitting information in this manner. Under no circumstances will Munsoft be liable for any loss, harm, or damage suffered by the user as a result thereof. Munsoft reserves the right to request independent verification of any information transmitted via e-mail and the user consents to such verification should Munsoft deem it necessary.
  • To the extent permissible by law:
    • Neither Munsoft, its affiliates, shareholders, agents, consultants or employees will be liable for any damages whatsoever, including without limitation any direct, indirect, special, incidental, consequential or punitive damages, howsoever arising (whether in an action arising out of contract, statute, delict or otherwise) related to the use of, or the inability to access or use the content of the website or any functionality thereof, or the information contained on the website, or of any linked website, even if Munsoft knows or should reasonably have known or is expressly advised thereof.
    • The liability of Munsoft for faulty execution of the website as well as all damages suffered by the user, whether direct or indirect, as a result of the malfunctioning of the website will be limited to Munsoft rectifying the malfunction, within a reasonable time and free of charge, provided that Munsoft is notified immediately of the damage or faulty execution of the website. This liability will fall away and be expressly excluded if the user attempts to correct or allows third parties to correct or attempt to correct the website without the prior written approval of Munsoft. However, in no event will Munsoft be liable to the user for loss of profits or for special, incidental, consequential or punitive losses or damages arising out of or in connection with the website or its use or the delivery, installation, servicing, performance or use of it in combination with other computer software.
    • You hereby unconditionally and irrevocably indemnify Munsoft and agree to hold Munsoft free from all loss, damages, claims and/or costs, of whatsoever nature suffered or incurred by Munsoft or instituted against Munsoft as a direct or indirect result of:
      • your use of the website;
      • software, programs and support services supplied by, obtained by or modified by you or any third party without the consent or knowledge of Munsoft;
      • your failure to comply with any of the terms or any other requirements which Munsoft may impose from time to time;
      • the actions or requirements of any telecommunications authority or a supplier of telecommunications services or software; or
      • any unavailability of, or interruption in, the service which is beyond the control of Munsoft.
    • Munsoft makes no warranty or representation as to the availability, accuracy or completeness of the content of the website. You expressly waive and renounce all your rights of whatever nature that you may have against Munsoft for any LOSS suffered by you, as a result of information supplied by Munsoft being incorrect, incomplete or inaccurate.

Munsoft Privacy Policy

This clause provides details about our Privacy Policy, which Policy forms part of these Terms. Munsoft takes your privacy seriously and is committed to protecting your personal information. We use the personal information that we collect from you in accordance with this Privacy Policy.

• Personal information when used in this Policy means information that can identify you as an individual or is capable of identifying you. By personal information we don’t mean general, statistical, aggregated or anonymised information.
• Your use of our services signifies your consent to us collecting and using your personal information as specified below.
• How we collect information about you

You may provide personal information to us when communicating with us; we will ask for your name, company details, contact number and e-mail address and any other relevant information about you or your company/the institution that you represent.

• How we use your information

We may use your information to validate you as a customer when using our services and calling our help desk or call centre; to prevent and detect criminal activity, fraud and misuse of or damage to our services or networks and to prosecute those responsible.

• How long do we keep your information for?

The time periods for which we keep your information may vary according to the use or purpose attached to the information. Unless there is a specific legal requirement requiring us to keep your information, however, we will not keep it for longer than necessary for the purpose for which the information was collected or for which it is to be processed.

• Disclosing your information to third parties

We may provide aggregate statistics about our sales, customers, traffic patterns and other website information to third parties, but these statistics will not include any information that could identify you.

• How can you manage your privacy preferences?

If you’d like us to stop processing your information for marketing purposes, please write to us at the address set out in clause 11 below.

Confidentiality

• • By subscribing as a user, you agree that you will hold in the strictest confidence and not disclose to any third party information acquired in connection with any aspect of the products and/or services offered by Munsoft. You will notify Munsoft should you discover any loss or unauthorised disclosure of the information.
  • Any information or material sent to Munsoft will be deemed not to be confidential, unless otherwise agreed in writing by the user and Munsoft.

Breach or cancellation by Munsoft

• • Munsoft is entitled without notice, in addition to any other remedy available to it at law or under these Terms, including obtaining an interdict, to cancel these Terms, limit or deny such user use of the Website and services, or to claim specific performance of any obligation whether or not the due date for performance has arrived, in either event without prejudice to Munsoft’s right to claim damages, should any user:
    • breach any of these Terms;
    • in the sole discretion of Munsoft, use the Website in an unauthorised manner; or
    • infringe any statute, regulation, ordinance or law.
  • Breach of these Terms entitles Munsoft to take legal action without prior notice to the user and the user agrees to reimburse the costs associated with such legal action to Munsoft on an attorney and own client scale.

Compliance with section 43(1) of ECT Act

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

Full name: Munsoft (pty) Ltd

Registration number: 2001/224674/07

Registered at: A private company registered in terms of South African law.

Centurion Office:
5 Bauhinia Street
Cambridge Office Park, Building 6
Highveld Techno Park, Centurion, 0169

Roodepoort Office:
Constantia Office Park, Cycad House, Building 17
Cnr 14th Avenue and Hendrik Potgieter Streets
Weltevredenpark, Roodepoort, 1709

Fax number: 011 215 9018

Telephone number:011 215 8000

Website address: www.Munsoft.co.za

E-mail address: [email protected]

Names of office bearers: Rudolph Philippus de Bruyn (COO), Johannes Gysbertus Marthinus Richter (CEO) and Ndiafhi Rerani (Director)

Compliance with laws

You will comply with all applicable laws, statues, ordinances and regulations pertaining to your use of and access to this Website.

No warranty for continuous service

Munsoft does not guarantee continuous, uninterrupted or secure access to our services, as operation of our Website may be interfered with as a result of a number of factors which are outside of our control.

Notices

• • Except as explicitly stated otherwise, any notices will be given by email [email protected] (in the case of Munsoft) or to the e-mail address you have provided to Munsoft (in your case), or such other address that has been specified.
  • Notice will be deemed given 48 (forty-eight) hours after an email is sent, unless the sending party is notified that the email address is invalid.
  • Alternatively, Munsoft may give you notice by registered mail, postage prepaid and return receipt requested, to the address which you have provided to Munsoft. In such case, notice will be deemed given 7 (seven) days after the date of mailing.
  • You acknowledge that all agreements, notices or other communication required to be given in terms of the law or these Terms may be given via electronic means and that such communications will be “in writing”. Notwithstanding anything to the contrary, a written notice or communication actually received by a party will be an adequate written notice or communication to it, notwithstanding that it was not sent to or delivered at its chosen address(es) for that purpose.

Entire Agreement

This document, read with any Service Schedule entered into between the Parties, contains the entire Agreement between the Parties in relation to the subject matter hereof.

Variation

No amendment or variation to this Agreement will be of any force or effect unless reduced to writing signed by or on behalf of the duly authorised representatives of both Parties in pen. The provisions of the Electronic Communications and Transactions Act, 2002 (25 of 2002) are expressly excluded from this clause.

No waiver

The failure of either Party to insist upon the strict performance of any provision of this Agreement or to exercise any right, power or remedy in the event of a breach of this Agreement, will not be a waiver by such Party to require strict and punctual compliance with each and every provision of this Agreement.

Severability

If any clause or term of this Agreement should be invalid, unenforceable, defective or illegal for any reason whatsoever, then the remaining terms and provisions of this Agreement will be deemed to be severable from such clause and will continue in full force and effect unless such invalidity, unenforceability, defect or illegality goes to the root of this Agreement.

Governing Law

• • All the provisions of this Agreement will be governed by and interpreted in accordance with the laws of the Republic of South Africa. Furthermore, the Parties hereby irrevocably and unconditionally consent to the non-exclusive jurisdiction of the North Gauteng High Court of South Africa in regard to all matters arising from this Agreement.
  • This Website is controlled, operated and administered by Munsoft from its offices within the Republic of South Africa. Munsoft makes no representation that the content of the Website is appropriate or available for use outside of South Africa. Access to the Website from territories or countries where the content of the Website is illegal is prohibited. Users may not use this Website in violation of South African export laws and regulations. If the user accesses this Website from locations outside of South Africa, that user is responsible for compliance with all local laws.