PART A - Terms and Conditions | PART B - Privacy Policy

1.    Introduction
1.1.    This website (the "Website"), and related software applications, including any subscription product, is owned by Naidu Consulting Proprietary Limited, a company registered in South Africa with registration number 2004/024907/07 ("Naidu Consulting", "We", "Us" or "Our").

1.2.    Part A (General Terms) and Part B (Privacy Policy) govern Your use of the Website (collectively Website Terms) and are binding and enforceable against every person that accesses or uses the Website ("You", "Your" or "User"). By accessing, visiting or using the Website, You explicitly acknowledge that You have read, understood and agree to be bound by Part A and Part B. If You do not agree with Our Website Terms You should not use Our Website.
1.3.    If You purchase any products and/or services through or using this Website, Your use of such product and/or services will, in addition to the Website Terms, be subject to the conclusion of a suitable agreement for the use of the products (a “Customer Agreement”).
1.4.    Headings in these Website Terms are inserted only for reference purpose and will not affect the interpretation of the Website Terms.

PART A – GENERAL TERMS
1.    Disclaimer
1.1.    The use of the Website is entirely at Your own risk and You assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website.

1.2.    We will take reasonable steps to ensure that the content of the Website is accurate and complete, however we make no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website.

1.3.    The Website and all information provided on the Website is provided "as is", without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law. Any warranties relating to the products purchased from the Website will either be set out in the Customer Agreement, or in documentation provided with the products.

1.4.    In addition to the disclaimers contained elsewhere in these Website Terms, Naidu Consulting also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of Your computer system, computer network, mobile devices, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of Naidu Consulting, its employees, agents or authorised representatives. Naidu Consulting thus disclaims all liability for any damages, loss or liability of any nature whatsoever arising out of or in in connection with your access to or use of the Website.

2.    Changes to these Website Terms
2.1.    Naidu Consulting may, in its sole discretion, change any of these Website Terms at any time. It is Your responsibility to regularly check these Website Terms and make sure that You are satisfied with the changes. Should You be unsatisfied with the terms and conditions please refrain from using the website in any manner.

2.2.    Any such change will only apply to Your use of this Website after the updated Website Terms are published on the Website. If You use the Website after such amended Website Terms have been displayed on the Website, You will be deemed to have accepted such changes.

3.    Privacy
All personal information provided by You to Us will be processed in accordance with Our privacy policy below.

4.    Governing Law and Jurisdiction
These Website Terms and the relationship between You and Naidu Consulting and/or any dispute arising from or in connection with these Website Terms shall be governed and interpreted in accordance with the laws of the Republic of South Africa.

5.    Notices
5.1.    Naidu Consulting information
Physical address for receipt of legal service: No.5 The Boulevard, West Way Office   Park, Westville, 3635

5.2.    Naidu Consulting may change the address set out above from time to time by updating these Website Terms.

5.3.    All notices sent in terms of these Website Terms must be delivered either by hand or prepaid registered post and must be in English.

6.    Ownership and Copyright
6.1.    The contents of the Website, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs graphics, icons, hyperlinks, private information, and service marks which are displayed on or incorporated in this Website ("Website Content") are protected by law, including but not limited to copyright and trade mark law. The Website Content is the property of Naidu Consulting, its vendors, suppliers, advertisers and/or sponsors and/or is licensed to Naidu Consulting.

6.2.    Nothing contained on this Website shall be read in a manner which allows Users to acquire any right, title or interest in or to the Website or the Website Content.

6.3.    Any use, distribution or reproduction of the Website Content is prohibited unless expressly authorised in terms of these Website Terms, or otherwise provided for in law.

6.4.    Where any of the Website 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. We will take reasonable steps to inform You in the event that any third party or licensor terms and conditions are changed.

7.    Linking to third party websites
7.1.    This Website may contain links or references to other websites ("Third Party Websites") which are outside of Our control. These Website Terms do not apply to those Third Party Websites, and Naidu Consulting is not responsible for the practices and/or privacy policies of those Third Party Websites.

7.2.    You acknowledge and agree that Naidu Consulting has not reviewed all Third Party Websites linked to the Website and We are not responsible for the content of any Third Party Website All use of Third Party Websites is entirely at Your own risk, and Naidu Consulting shall not be responsible for any loss, expense, claim or damages, whether direct, indirect or consequential, arising from Your use of such Third Party Websites or Your reliance on any information contained thereon.

8.    Limitation of liability
8.1.    Naidu Consulting will not be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website, save where such liability arises from the gross negligence or wilful misconduct of Naidu Consulting, its employees, agents or authorised representatives acting on behalf of Naidu Consulting.

8.2.    Naidu Consulting shall not be liable for any damages, loss or liability, whether direct, indirect or consequential in nature, arising out of or in connection with Your access to or use of the Website and/or any content therein, or purchases made through the Website, or reliance upon, the Website or the content contained in the Website; or Your inability to use the Website, and/or unlawful activity on the Website and/or any linked Third Party Website.

8.3.    You hereby indemnify Naidu Consulting against any loss, claim or damages which may be suffered by You or any third party arising in any way from Your use of this Website and/or any linked Third Party Website.

8.4.    Without limiting the generality of the above, Naidu Consulting will not be liable for failure to fulfil any of its obligations or failure of the Website or any services, due to causes beyond its reasonable control, including, without limitation, any failure or delay of any supplier (including, Eskom or any communications service providers); acts of God; strikes or lock outs; war (whether declared or not); terrorism; sabotage; revolution; invasion; insurrection; strike; lock-out or any other industrial action; riot; civil commotion; mob violence; blockade; embargo; boycott; the exercise of military power; acts or restrains of government including the imposition or restrictions of or embargos on imports or exports.

9.    Availability and termination
9.1.    Naidu Consulting may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the Website or the User’s right to use the Website or any of its contents, including for scheduled and unscheduled maintenance of the Website. If You breach any of the provisions of these Website Terms, Naidu Consulting shall be entitled, in addition to terminating or suspending Your access to the Website, to exercise any rights which it may have in law against You.   

10.    General
10.1.    Naidu Consulting may cede, assign or otherwise transfer its rights and obligations in terms of these Website Terms to any third party.
10.2.    If any term or condition contained herein is declared invalid, the remaining Website Terms will remain in full force and effect.
10.3.    No indulgence, extension of time, relaxation or latitude which any party (the "grantor") may show grant or allow to the other (the "grantee") shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.

10.4.    You agree that You will not in any way use any device, software or other instrument to interfere, or attempt to interfere, with the proper working of the Website or any information contained in the Website. In addition, You agree that You will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website, or the information contained therein, for any reason whatsoever.

10.5.    You may not use the Website to distribute material which is defamatory, offensive, contains, or amounts to, hate speech, or is otherwise unlawful.

10.6.    You may not in any way display, publish, copy, print, post or otherwise use the Website, and/or the information contained therein, without the express prior written consent of an authorised Naidu Consulting representative.

11.    Errors
We will take reasonable efforts to accurately reflect the description, availability, purchase price and any other relevant information of the product on the Website. However, should there be any errors of whatsoever nature on the Website (which are not due to Our gross negligence), We shall not be liable for any loss, claim or expense relating to a transaction based on any error.
 

 

PART B - PRIVACY POLICY
1.    Data Collection
1.1.    By using and/or registering on this Website, and/or by clicking accept, You expressly consent to Naidu Consulting collecting and processing the personal information which You provide to us. All personal information which You provide to Naidu Consulting will be collected and processed solely for the purposes set out in these Website Terms or otherwise agreed with You.

1.2.    We may collect and process the following data about You:
1.2.1.    Information that You provide by registering on Our Website and if You report a problem with Our Website;
1.2.2.    If You contact us, We may keep a record of that correspondence;
1.2.3.    We may also ask You to complete surveys that We use for research purposes, although You do not have to respond to them;
1.2.4.    Details of transactions You carry out through Our Website and of the fulfilment of Your orders; and
1.2.5.    Details of Your visits to Our Website including, but not limited to, traffic data, location data, weblogs and other communication data, whether this is required for Our own billing purposes or otherwise, and the resources that You access.

2.    Data Storage
2.1.    Any personal information which You give to Naidu Consulting will be treated as confidential and sensitive information, and Naidu Consulting will not disclose it to any third party without Your prior written consent.

2.2.    We will ensure that we have in place and continue to maintain appropriate and reasonable precautions and measures in accordance with the requirements of applicable laws to protect Your personal information from being unlawfully accessed or processed by any third party. We will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this privacy policy.

2.3.    Personal information which You provide to Us may be stored on servers outside of South Africa. You consent to Us to transfer any personal information provided to Us outside of South Africa for the purposes of providing this Website and any products and/or services to You.

2.4.    Different countries have different laws and rules regarding personally information, some of which provide more protection than others.

2.5.    Should We transfer Your personal information from one country to another country, We shall take reasonable and appropriate measures to protect such personal information.

3.    Uses made of the Information
3.1.    We may use information held about You in the following ways:

3.1.1.    To ensure that content from Our site is presented in the most effective manner for You and for Your computer;
3.1.2.    Managing Your account;
3.1.3.    To provide You with information, products or services that You request from Us or which We feel may interest You, where You have consented to be contacted for such purposes;
3.1.4.    To carry out Our obligations arising from any contracts entered into between You and Us, including warranty claims; and
3.1.5.    To notify You about changes to Our service.
3.2.    Where You have opened an account with Us, You may be able to access, review, revise and update, or delete, certain personal information through Your account. You may request (by email) that We update any information stored by Us relating to Your account.
Any information You choose to provide should reflect how much You want others to know about You. Should You delete Your account You will not be able to transact through the Website, unless You reregister.

4.    Compliance with Laws and Law Enforcement Requests
4.1.    We will be entitled to disclose and share Your personal information if it is required by law, regulation or a court order to do so, or in the case of a court action or application brought by You against Us or our agents, employees or third party service providers.

4.2.    If We, acting in good faith, are of the view that the disclosure of Your information is necessary to protect and/or defend Our rights and/or property, or those of its clients, agents, employees or third party service providers, We shall be entitled to disclose such information.

5.    Retention Of Information
We will only keep Your personal information for as long as Your account is active, in order for Us to provide products and services to You, or it is otherwise necessary to fulfil the purposes set out in this privacy policy, unless We are required or allowed in Terms of any applicable law to retain such information. However, please note that access to information may be required for the use of the Website, and any services offered by Us, and that if We do not have consent to use such information it may adversely impact Your use of the Website and any services.

6.    Changes to Our Privacy Policy
Any changes We may make to Our privacy policy in the future will be posted on the Website.

7.    Cookies
This Website makes use of Cookies to provide You with relevant content and the best experience possible whilst using the Website. At any stage during Your use of the Website You may choose to block the Cookies used by Us. However, please note that disabling cookies may adversely impact Your use of the Website and any services.

8.    Advertising
8.1.    By ticking the box below, you agree that We may use any email address provided to Us by You for purposes of sending information on products or services which We think may be of interest to You.

8.2.    You have the right to ask us not to process Your personal data for marketing purposes and You may withdraw Your consent from receiving these communications at any time by notifying Us.

9.    Electronic Communications
When You visit the Website or send emails to us, You consent to receiving communications from us electronically.

10.    Transfer of Business
If the ownership of Naidu Consulting’s business or company changes, We may transfer Your information to the new owner in order for the new owner to continue to operate the business or company.