1.6.     We will however give You prior notice where We have collected Personal Information from You and the purpose for which We collected that information is affected by the intended amendment. Please see Privacy Policy below.

1.7.     If there is anything in these Terms that You do not understand, then please contact Us as soon as possible. We will be happy to explain anything You do not understand. Please note that calls to Us are charged at national/mobile rates and may be monitored for training, security and quality assurance purposes.

2.         CONTENT OF THE WEBSITE AND CONTENT LICENCE

2.1.     Colla-Genie may make improvements, to change or discontinue, without notice, any aspect or feature of the Website and any information or content on the Website.

2.2.     Colla-Genie may change by removal or addition, the Products and/or Services on the Website, from time to time, without notice.

2.3.     Colla-Genie may use the Services of third parties to provide information on the Website. Colla-Genie has no control over this information and makes no representations or warranties of any nature as to its accuracy, appropriateness or correctness. You agree that such information is provided “as is” and that Colla-Genie and its online partners shall not be liable for any losses or damages that may arise from Your reliance on it, howsoever these may arise.

2.4.     Colla-Genie 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:

2.4.1           Colla-Genie does not claim that the Website or information or downloads shall be error-free or that that they shall meet any particular criteria or performance and/or quality. Colla-Genie expressly disclaims all implied warranties, including without limitation, warranties of merchantability, fitness for a particular purpose and non-infringement, compatibility, security and accuracy; except for gross negligence;

2.4.2           Colla-Genie has taken reasonable measures to ensure the integrity of the Website and its contents, and no warranty, whether express or implied is given that any files, downloads or applications available from the Website are free of viruses, or any other data or code which has the ability to correct, damage or affect the operation of the user systems, except where gross negligence is proved; and

2.4.3           Colla-Genie disclaims any responsibility for the verification of any claims. Information published on the Website may be done so in the format in which Colla-Genie receives it and statements from external parties are accepted as fact.

2.5.     Colla-Genie grants You a personal, revocable, worldwide, royalty-free, non-commercial, non-transferable, and non-exclusive licence to access the Website and its content. This licence is for a restricted purpose i.e. to allow you to use the Services in a manner permitted by these Terms and the Services’ functionality and capabilities. In the event that We revoke this licence, You may no longer access the Website or its Services or make use of any of the content located on the Website. By agreeing to these Terms, You agree that You do not acquire any ownership rights in or to any content on the Website and in the Services, except as contained in these Terms.

3.         LINKED THIRD PARTY WEBSITES AND THIRD PARTY CONTENT

3.1.     Colla-Genie may provide links to third-party websites and third-party content on the Website. These links and content are provided to You for convenience purposes only and Colla-Genie does not endorse, nor does the inclusion of any link or content imply Colla-Genie’s endorsement of such websites, the owners, licensees or administrators of such websites or their content or security practices and operations.

3.2.     THIS IS AN IMPORTANT SUBCLAUSE: While Colla-Genie tries to provide links and content to reputable websites and from reputable content providers, Colla-Genie cannot and shall not accept responsibility or liability for the information provided on other websites or in other content. Linked websites or pages are not under, nor subject to, the control of Colla-Genie. Colla-Genie is not responsible for and gives no warrantees and makes no representations in respect of the terms, privacy policies or other practices of any third party that use the Website.

3.3.     THIS IS AN IMPORTANT SUBCLAUSE: You agree that Colla-Genie shall not be held liable, directly or indirectly, in any way for the content, the use or inability to use or access any website or any links contained in a linked website, nor for any loss or damage of any sort incurred as a result of any dealings with, or as a result of the presence of such third-party linked websites or content on the Website. Any dealings that You may have with any linked websites or content found on the Website, are solely between You and the third-party websites or third-party.

4.         USAGE RESTRICTIONS

You hereby agree that you will comply with all applicable laws of South Africa, these Terms, and You shall not Yourself, nor through a third-party:

4.1.     copy (other than for backup, archival or disaster recovery purposes), duplicate, reproduce, translate, adapt, vary, modify, lease, license, sublicense, use 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;

4.2.     decompile, disassemble or reverse engineer any portion of the Website;

4.3.     write and/or develop any derivative of the Website or any software program based on the Website;

4.4.     modify or enhance the Website. In the event of a User effecting any modifications and enhancements to the Website in breach of this clause, such modifications and enhancements shall be the property of Colla-Genie;

4.5.     without Colla-Genie’s prior written consent, provide, disclose, divulge or make available to or permit the use of any or give access to the Website by persons other than You;

4.6.     remove any identification, trade mark, copyright or other notices from the Website;

4.7.     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;

4.8.     create a false identity or otherwise attempt to mislead any person as to Your identity or the origin of any communication through the Website;

4.9.     reformat or reframe any portion of the pages of the Website, save to the extent expressly permitted by these Terms and/or the applicable laws of South Africa;

4.10.  disseminate or transmit files, graphics, software or any other material which actually or potentially infringes any other person’s intellectual property;

4.11.  export, re-export or otherwise transmit data, information, software or any other material in contravention of relevant South African laws and these Terms;

4.12.  interfere with, disrupt or attempt to gain unauthorised access to information of other users of the Website;

4.13.  use the Website in any manner that violates the privacy or other user rights of any other person, whether another user or not; and/or

4.14.  without the express permission of Colla-Genie, sell, resell, or exploit in any manner, any aspect or element of the Website.

5.         SECURITY

5.1.     In order to ensure the security and the reliable operation of the Services to all Colla-Genie’s Users, Colla-Genie may take whatever action it deems necessary to preserve the security, integrity and reliability of its network, servers and back office applications and operations.

5.2.     You may not utilize the Website in any manner which may compromise the security of Colla-Genie’s networks or tamper with the Website in any manner whatsoever, which shall include without limitation, gaining or attempting to gain unauthorized access to the Website, or delivering or attempting to deliver any unauthorized, 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, shall be held criminally liable by the relevant authorities. Further, should Colla-Genie suffer any damage or loss, civil damages may be claimed by Colla-Genie against You.

5.3.     Any User who commits any of the offences detailed in Chapter 13 of the ECTA, specifically sections 85 to 88 (inclusive) shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by Colla-Genie and its affiliates, agents and/or partners.

6.         INTELLECTUAL PROPERTY RIGHTS

6.1.     For the purpose of this clause, the following words shall 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 Colla-Genie, now or in the future, including Colla-Genie’s rights, title and interests in and to all technology, inventions, designs, source code/s, object code/s, trade secrets, confidential information, logos, trade marks, systems, methods, trade names, styles, insignia, indications of origin, designs, patents and copyright, and all similar proprietary rights which may subsist in any part of the world, whether registered or not.

6.2.     All copyright and other intellectual property rights in all content, trade marks, software, data, material, including logos, databases, text, graphics, icons, hyperlinks, confidential information, designs, agreements, and multimedia works, published on or via the Website (except those Intellectual Property Rights owned by third parties) (“Proprietary Material“), are the property of, or licensed to, Colla-Genie and as such are protected from infringement by local and international legislation and treaties.

6.3.     By commenting or submitting any other content (other than your Personal Information) to Colla-Genie for posting on the Website, You automatically grant Us and Our affiliates, agents and/or partners, a nonexclusive, royalty-free, perpetual, irrevocable license to use, reproduce, publish, translate, sublicense, 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 license, You retain any and all outstanding rights that may exist in such content.

6.4.     All rights not expressly granted are reserved and no right, title or interest in any Proprietary Material or information contained in the Website is granted to You.

6.5.     Except with the Colla-Genie’s express written permission, no Proprietary Material from the Website may be copied or retransmitted.

6.6.     Irrespective of the existence of copyright, You acknowledge that Colla-Genie 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.

6.7.     Colla-Genie authorizes You only to view, copy, temporarily download to a local drive and to print the content of the Website, or any part thereof, provided that such content is used for personal purposes; for information purposes; and for non-commercial purposes only and is in line with fair dealing principles.

7.         RISK, LIMITATION OF LIABILITY AND INDEMNITY

THIS IS AN IMPORTANT CLAUSE. PLEASE READ CAREFULLY

7.1.     Your use of this Website and the information contained on the Website is entirely at Your own risk and the User assumes full responsibility and risk of loss resulting from the use thereof.

7.2.     The transmission of information via the Internet, including without limitation e-mail, is susceptible to monitoring and interception. You bear all risk of transmitting information in this manner (whether e-mail or any other form of data message). Under no circumstances shall Colla-Genie be liable for any loss, harm, or damage suffered by You as a result thereof. Colla-Genie reserves the right to request independent verification of any information transmitted via e-mail and You consent to such verification should Colla-Genie deem it necessary.

7.3.     To the maximum extent permissible by law:

7.3.1           neither Colla-Genie, its affiliates, licencees, agents, consultants, contractors or employees shall 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, except for gross negligence) 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 any linked website or content, even if Colla-Genie knows; or should reasonably have known; or is expressly advised thereof;

7.3.2           the liability of Colla-Genie for faulty execution of the Website as well as all damages suffered by You, whether direct or indirect, as a result        of the malfunctioning of the Website shall be limited to Colla-Genie rectifying the malfunction, within a reasonable time and free of charge, provided that Colla-Genie is notified immediately of the damage or faulty execution of the website. The liability contained in this clause 7.3.2 shall fall away and be expressly excluded if You attempt to correct or allow third parties to correct or attempt to correct the Website without the prior written consent of Colla-Genie. However, in no way shall Colla-Genie be liable to You 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;

7.3.3           We cannot be responsible for the actions and/or omissions of our licensees, affiliates, associates, partners, agents, contractors or consultants, nor their compliance with the Consumer Protection Act number 68 of 2008 (“CPA”), the ECTA and the Protection of Personal Information Act number 4 of 2013 (“POPIA”) and other relevant laws of South Africa, and therefore, We shall not be held 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 actions or omissions of the above entities; nor their compliance with the CPA, ECTA and POPIA;

7.3.4           You hereby, unconditionally and irrevocably, indemnify Colla-Genie and agree to hold Colla-Genie free in law from all loss, damages, claims and all costs, of whatsoever nature, suffered or incurred by Colla-Genie or instituted against Colla-Genie as a direct or indirect result of:

7.3.4.1        Your use of the Website;

7.3.4.2        software, programs and support services supplied by, obtained by or modified by You or any third party without the consent or knowledge of Colla-Genie;

7.3.4.3        Your failure to comply with any of the Terms or any other requirements which Colla-Genie may impose, from time to time;

7.3.4.4        the actions or requirements of any telecommunications authority or supplier of telecommunication services or software;

7.3.4.5        the unavailability of, or interruption in, the Services or the Website which are beyond the control of Colla-Genie;

7.3.4.6        the actions and/or omissions of our licensees, affiliates, partners, associates, contractors and the like, except where gross negligence can be proved on the part of Colla-Genie.

7.4.     Colla-Genie makes no warranty or representation as to the availability, accuracy or completeness of the content of the Website. You expressly waive and denounce any and all rights of whatsoever nature that You may have against Colla-Genie for any loss suffered by You as a result of information supplied by Colla-Genie’s being incorrect, incomplete or inaccurate.