Kaskade (PTY) Ltd
Take note that these website terms and conditions contain provisions that disclaim, limit and exclude the liability of Kaskade (PTY) Ltd to you and that indemnify Kaskade (PTY) Ltd against claims and damages that it may suffer as a result of your conduct. Please read these website terms and conditions carefully before proceeding to use our website further.
In these Terms and Conditions, unless it is clear from the context that another meaning should be attached to a word, the following words and expressions shall bear the following meanings: “Kaskade.Cloud” shall mean Kaskade (PTY) Ltd, a private company registered and incorporated in terms of the laws of the Republic of South Africa with registration number 2018/323833/07. “Content” shall mean all non-transactional content published on our Website, i.e. information that we make available for free on our website including: information about us, the various products or services we offer, the clients we have serviced and various resources and shall include, but not be limited to, all information, data, images, sound clips and logo’s on our Website, as well as any other intellectual property (whether registered or unregistered) that is the property of Kaskade (PTY) Ltd, its affiliates or subsidiaries, any of its clients or partners, or any other third party. “Effective date” means the date on which you first access and interact with our Website. By accessing and using our Website, you are deemed to have read and accepted these Terms and Conditions of use. “Personal information” shall mean any information that we have about you and that identifies or relates specifically to you as an individual. “User” shall mean you, the person who accesses our Website. In the appropriate context, “you” or “your” shall bear the same meaning when referred to in the first person.
These Terms and Conditions are legally binding on both you and Kaskade (PTY) Ltd, and constitute a binding agreement between you and Kaskade (PTY) Ltd. In this document: a reference to any male shall include the female and vice versa; a reference to the singular shall include the plural and vice versa; a reference to a natural person shall include a corporate person or juristic entity (such as a company, or a trust) and vice versa; the provisions contained in the Introduction, Definitions and this clause on Interpretation shall, unless the context indicates a contrary intention, comprise substantive provisions conferring reciprocal rights and obligations on you and Kaskade (PTY) Ltd. These Terms and Conditions shall be construed and interpreted according to the laws of the Republic of South Africa save that the rule whereby an agreement may be interpreted against the person who was responsible for the drafting thereof, or for whose benefit a clause was written, shall not be applicable to these Terms and Conditions.
These Terms and Conditions shall be effective from the Effective Date and shall endure for a continuous period until the User’s use of our Website is permanently discontinued or suspended or cancelled, save for the rights and obligations which by their nature are intended to survive termination of access to our Website.
7. COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS
Kaskade (PTY) Ltd provides the Content on our Website. Content currently or anticipated to be displayed on our Website is provided by Kaskade (PTY) Ltd, its affiliates and/or subsidiaries, or any other third party owners of such Content, and includes but is not limited to copyrighted material. All such proprietary works, and the compilation of the proprietary works, are copyright of Kaskade (PTY) Ltd, its affiliates or subsidiaries, or any other third party owner of such rights (“the Owners”), and are protected by local and/or international copyright laws, as the case may be. Accordingly, any unauthorised copying, reproduction, retransmission, distribution, dissemination, sale, publication, broadcast or other circulation or exploitation of the Content or any component thereof will constitute an infringement of such copyright and other intellectual property rights. The trademarks, names, logos and service marks (collectively “Trademarks”) displayed on our Website are the registered and/or unregistered Trademarks of Kaskade (PTY) Ltd, its affiliates and/or subsidiaries and/or any other third party owner (“the Owners”), as the case may be. Nothing contained on our Website should be construed as granting any license or right to use any Trademark without the prior written permission of the relevant Owner thereof. Except as specified in these Terms and Conditions, you are not granted a license or any other right to copyright in respect of the Content, nor to use the Trademarks and/or any other intellectual property rights owned by the Owners which may be accessible via our Website, and all such rights are reserved and retained by Kaskade (PTY) Ltd and/or the relevant Owners, as the case may be. You acknowledge that you have no right, title or interest in or to the Content, the Trademarks and/or any other intellectual property rights owned by the Owners.
8. LIMITED LICENSE GRANTED TO USERS
Without limiting the generality of the above section, you are authorised to view the Content and Kaskade (PTY) Ltd grants to you a non-exclusive, non-transferable, limited and revocable right to access, display, use, download and otherwise copy the current and future Content for personal, non-commercial use and information purposes only. Save as contemplated by these Terms and Conditions, our Website and the Content may not be reproduced, duplicated, copied, resold, visited or otherwise exploited for any commercial purpose without the express prior written consent of Kaskade (PTY) Ltd. The license does not allow you to collect or “scrape” information from our Website, and does not allow any derivative use of this Website or the Content for the benefit of another merchant and/or retailer. You may not frame nor use framing technologies to enclose our Website or the Content nor any part thereof without the express written consent of Kaskade (PTY) Ltd. You are restricted to use our Website and Content only for lawful purposes and you warrant that you shall not use our Website: 1) to transmit or post material which is in violation of any law or regulation, which is obscene, threatening, racist, menacing, offensive, defamatory, in breach of any duty of confidence, in breach of any intellectual property rights, or otherwise objectionable or unlawful; and 2) other than for personal and non-commercial use, storage on a computer, or printing and/or copies of extracts from our Website, which shall include “mirroring” or cache-ing any of the Content of Website on a server, or copying, adapting, modifying and/or reusing the text or graphics obtained from our Website, without the prior written permission of Kaskade (PTY) Ltd. Kaskade (PTY) Ltd does not offer its services to minors. If you are under the age of 18, Kaskade (PTY) Ltd will not provide you with any services as advertised on our Website. Kaskade (PTY) Ltd, its affiliates and/or subsidiaries reserve the right to refuse service and to remove or edit Content at their sole discretion. Any unauthorised use terminates this license.
9. ACCEPTABLE USAGE OF ANY USER FORUM
Access to any User-generated information sharing pages that may appear on our Website from time to time, shall be granted at the sole and absolute discretion of Kaskade (PTY) Ltd and access may be suspended or revoked at any time without reason or notice. No person who has been granted access to any such pages may re-publish the content contained thereon in any other medium without the express written consent of Kaskade (PTY) Ltd. Any person who wishes to have access to such pages assumes all risks associated therewith. No person may publish any content on any Kaskade (PTY) Ltd forum or information sharing page that propagates racist, sexist, homophobic or xenophobic views, that constitutes hate speech or incitement to violence or that is designed or likely to provoke a sense of discomfort or fear in the reader. Kaskade (PTY) Ltd retains unfettered editorial rights over all content published on its Website and reserves the absolute right to delete, edit or block any User-generated content as it sees fit.
10. PERMISSION FOR HYPERLINKS, DEEP LINKING, CRAWLERS & METATAGS. INTERPRETATION
No User may establish a hyperlink, frame, metatag or similar reference, whether electronically or otherwise (collectively referred to as “Linking”), to our Website or any subsidiary pages thereof before receiving Kaskade (PTY) Ltd’ prior written approval, which may be withheld or granted subject to the conditions Kaskade (PTY) Ltd may specify from time to time. Any third party site may link to our Website provided that such a link is directed at the home page only, unless with our prior written consent. We may provide links to other websites, but the inclusion of any link does not imply our endorsement of such sites, nor the endorsement of any products and/or services advertised on such sites and such links are for convenience only. Kaskade (PTY) Ltd shall not be held responsible or liable, directly or indirectly, in any way for the contents, use, or inability to use or access any linked websites or any advertisement displayed on our Website. It is expressly prohibited for any person, business, entity, or website to frame any page on our Website, including the home page, in any way whatsoever, without the prior written approval of Kaskade (PTY) Ltd. An application for Linking must be submitted to us in writing. Once received Kaskade (PTY) Ltd will do its best to respond and enter into further discussions with you. If you do not receive a written response from Kaskade (PTY) Ltd within five business days, you should consider the request as having been rejected. A breach of this provision entitles Kaskade (PTY) Ltd to take legal action without prior notice to you and you agree to reimburse Kaskade (PTY) Ltd with the costs associated with such legal action.
External Links: External links may be provided for your convenience, but the functioning of these links are beyond the control of Kaskade (PTY) Ltd and no representation is made as to the accuracy or reliability of any content accessed via such links. Use or reliance on any external links or content accessed via such links provided is at your own risk. When visiting external links you must refer to that external website’s terms and conditions of use. No hypertext links shall be created from any website controlled by you or otherwise to our Website without the express prior written permission of Kaskade (PTY) Ltd.
11. SOFTWARE ACCESS
Software, if any, made available for access or download on or via our Website may be governed by license conditions that establish a legal relationship with the licensor. You indemnify Kaskade (PTY) Ltd against any breach of these license conditions. Kaskade (PTY) Ltd gives no warranty and makes no representation, whether express or implied, as to the quality or fitness for purpose of the use of such software. No warranty, whether express or implied, is given that any pages, files, downloads or applications available via our Website are free of viruses, Trojans, bombs, time-locks, spyware, malware or any other data or code which has the ability to corrupt or affect the operation of your computer, database, network or other information system.
12. BROWSER COMPATIBILITY
Kaskade (PTY) Ltd retains an absolute and unfettered discretion to make this Website accessible or legible in particular web browsers only and, without limiting our discretion in any way, Kaskade (PTY) Ltd does not guarantee accessibility or legibility on any particular mobile phone or tablet browsers.
13. NOTIFICATIONS & ALERTS
You understand and agree that if at any time we endeavour to provide you with any notifications or alerts, such notifications or alerts may be delayed or prevented by a variety of factors. Kaskade (PTY) Ltd neither guarantees the delivery nor the accuracy of the content of any notification or alert. You also agree that Kaskade (PTY) Ltd shall not be liable for any delays, failure to deliver, or misdirected delivery of any notification or alert, for any errors contained therein or for any actions taken or not taken by you or any third party in reliance on a notification or alert. If we ever request your contact details for any purpose, it is your sole responsibility to ensure that your contact details are kept updated for the purposes of receiving any notifications or alerts and that no other person has access to communications that we may send to you using the contact details that you provide us with.
14. TERMINATION, SUSPENSION & LIMITATION
Kaskade (PTY) Ltd reserves the right to, at any time:
• modify, suspend or discontinue our Website, whether temporarily or permanently, without notice;
• impose limits or conditions on certain services, features or functions; and
• restrict access to parts of or all of the services on our Website.
15. DISCLAIMER & LIMITATION OF LIABILITY
Although Kaskade (PTY) Ltd has taken reasonable care to ensure that the Content on our Website is accurate, our Website is provided on an “as is” basis. Use of our Website is entirely at your own risk. You assume full responsibility for any loss or damage resulting from your use of our Website or your reliance on any of the Content or part/s thereof. Kaskade (PTY) Ltd MAKES NO WARRANTY OR REPRESENTATION AS TO THE AVAILABILITY, ACCURACY OR COMPLETENESS OF THE CONTENT. NONE OF KASKADE (PTY) LTD NOR ITS AFFILIATES AND/OR SUBSIDIARIES SHALL BE HELD LIABLE FOR ANY DIRECT OR INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES OF WHATSOEVER NATURE SUFFERED OR INCURRED BY YOU OR ANY OTHER THIRD PARTY THAT MAY ARISE DUE TO THE USE OF OUR WEBSITE, OR INABILITY TO ACCESS OR USE THE CONTENT OR OUR WEBSITE OR ANY FUNCTIONALITY THEREOF, OR OF ANY LINKED WEBSITE, EVEN IF Kaskade (PTY) Ltd IS EXPRESSLY ADVISED THEREOF. WITHOUT DEROGATING FROM THE GENERALITY OF THE ABOVE, KASKADE (PTY) LTD WILL NOT BE LIABLE FOR:
• ANY INTERRUPTION, MALFUNCTION, DOWNTIME OR OTHER FAILURE IN RESPECT OF OUR WEBSITE OR RELATED DATABASE, SYSTEM OR NETWORK, FOR WHATEVER REASON;
• ANY LOSS OR DAMAGE IN RESPECT OF CUSTOMER DATA OR OTHER DATA, CAUSED DIRECTLY OR INDIRECTLY AS A RESULT OF ANY MALFUNCTION OF OUR WEBSITE OR RELATED DATABASE, SYSTEM OR NETWORK, POWER FAILURES, UNLAWFUL ACCESS TO OR THEFT OF DATA, COMPUTER VIRUSES OR DESTRUCTIVE CODE ON OUR WEBSITE OR RELATED DATABASE, SYSTEM OR NETWORK, PROGRAMMING DEFECTS OR NEGLIGENCE; OR
• ANY EVENT OVER WHICHKASKADE (PTY) LTD HAS NO DIRECT CONTROL. KASKADE (PTY) LTD MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE EFFECTIVENESS OF ANY WEBSITE INFORMATION SECURITY OR ENCRYPTION FACILITIES OR OUR WEBSITE’S SUITABILITY FOR ANY PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS PROVIDED BY OUR WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT OUR WEBSITE OR THE SERVER WHICH MAKES IT AVAILABLE ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
It is your responsibility to ensure that your computers and information systems are adequately protected against computer viruses, spyware, Trojan horses and other forms of malicious software or code. Kaskade (PTY) Ltd will not be liable for any damages, losses or harm, including but not limited to direct, indirect, consequential loss or loss of profits that you or anyone else may sustain as a result of using our Website.
WITHOUT DETRACTING FROM OR IN ANY WAY NEGATING ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS, YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL OUR ENTIRE AGGREGATE LIABILITY TO YOU FOR ANY LOSS OR HARM SUFFERED BY YOU AS A RESULT OF THE USE OF OUR WEBSITE EXCEED THE SUM OF $100.00 (ONE HUNDRED US DOLLARS).
The User unconditionally and irrevocably indemnifies and holds Kaskade (PTY) Ltd harmless against all and any loss, liability, actions, lawsuits, proceedings, costs, demands and damages of all and every kind (including direct, indirect, special or consequential damages), and whether in an action based on contract, negligence or any other action, arising out of or in connection with the failure or delay in the performance of our Website, the use of our Website, the Content available on our Website or any other matter, directly or indirectly related to the User’s use of our Website.
17. ELECTRONIC COMMUNICATIONS
Where you choose to communicate with us by means of any communication channel accessible via our Website, including email, form submission, IP telephony or instant messaging, you agree, subject to the provisions of any applicable law, to our right to monitor, intercept, block, filter, read, store and delete all such communications as we see fit or as required or permitted by any law. We do not recommend that sensitive or confidential information be submitted to us via unencrypted channels and we do not warrant that all information communicated to or from us via our Website or online channels shall be encrypted and free from risk of interception.
18. CHOICE OF LAW
This Website is controlled, operated and administered by Kaskade (PTY) Ltd from its offices as set out below. Kaskade (PTY) Ltd makes no representation that the Content is appropriate or available for use in any other locations or countries. Access to our Website from territories or countries where the Content is illegal, is prohibited. These Terms and Conditions will be governed, construed and interpreted in accordance with the laws of the state of California, USA, excluding its choice of law rules. If you reside in a country where Californian law is excluded from applying, your country’s laws will apply to any disputes related to these terms. If we are unable to resolve any dispute with you through direct negotiation, then you agree to the non-exclusive jurisdiction of the federal or state courts of Santa Clara County, California, USA. Where the courts in your country will not permit you to consent to the jurisdiction and venue of the courts in Santa Clara County, California, USA, then your local jurisdiction and venue will apply to such disputes related to these terms.
19. PROSECUTION AND INDEMNITY FOR BREACH
Kaskade (PTY) Ltd reserves its right to take all appropriate actions against any person breaching these Terms and Conditions. Furthermore, we will pursue both criminal prosecution of and civil compensation by any person that delivers or attempts to deliver any destructive code to this Website or attempts to gain unauthorized access to any page on this Website. You agree to indemnify and hold Kaskade (PTY) Ltd harmless against any and all liabilities, including legal costs that it may sustain as a result of your breach of any of these Terms and Conditions or any negligent act or omission by you.
21. STATUTORY DISCLOSURES
Full Name, Status and Registration Number: Kaskade (PTY) Ltd, registration number 2018/323833/07 Physical and Registered Address and Telephone Number: 6 6th Street, Parkhurst, Johannesburg, 2193, South Africa, +27 10 005 5267 Email Address: firstname.lastname@example.org Membership of Industry Bodies and Codes of Conduct: —— Office Bearer: Kevin Derman (Chief Executive Officer) Any specific terms and conditions relating to individual products or services will either be available on this Website or will be set out in the pre-agreement proposals, statements or quotations. To the extent the section 44 of the Electronic Communications and Transactions Act is applicable to South African visitors, the cooling off rights set out in that section shall apply.
22. WHOLE AGREEMENT
The current version of these Terms and Conditions, as varied by Kaskade (PTY) Ltd from time to time and including all documents incorporated by reference (or via hyperlink), constitute the entire and sole agreement between Kaskade (PTY) Ltd and the User with regard to the use of the Content and this Website.
Agent For Take-Down Notifications I nominate take-down notifications ISPA as my agent for the purpose of receiving take-down notifications in terms of section 75 of the Electronic Communications and Transactions Act.
Take Down notice requirement for ISPA Code of Conduct Compliance In terms of section 75 of the Electronic Communications and Transactions Act (“the Act”) Kaskade (PTY) Ltd has designated the Internet Service Providers’ Association (ISPA) as an agent to receive notifications of infringements as defined in Section 77 of the Act. Internet Service Providers’ Association (ISPA) Address: PO Box 518 Noordwyk 1687 Telephone: 010 500 1200 Email: email@example.com
Unsolicited, Spam and Junk mail Spam and unsolicited bulk mail are highly problematic practices. They affect the use and enjoyment of services by others and often compromise network security. Company will take swift and firm action against any user engaging in any of the following unacceptable practices:
1. Sending unsolicited bulk mail for marketing or any other purposes (political, religious or commercial) to people who have not consented to receiving such mail;
2. Operating or maintaining mailing lists without the express permission of all recipients listed;
3. Failing to promptly remove from lists invalid or undeliverable addresses or addresses of unwilling recipients or a recipient who has indicated s/he wishes to be removed from such list;
4. Using Infointeg (PTY) Ltd’s service to collect responses from unsolicited e-mail sent from accounts on other Internet hosts or e-mail services, that violate this AUP or the AUP of any other Internet service provider Infointeg (PTY) Ltd;
5. Including Infointeg (PTY) Ltd name in the header or by listing an IP address that belongs to Company in any unsolicited email whether sent through Infointeg (PTY) Ltd network or not;