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Terms and Conditions



Using Click n Compare

IT IS IMPORTANT TO NOTE THAT THE USE OF THIS WEBSITE IS SUBJECT TO THE TERMS OF USE OF USE SET OUT BELOW. BY USING THIS WEBSITE YOU AGREE TO OBSERVE ALL TERMS OF USE OF USE, INCLUDING ANY PRIVACY OR OTHER POLICIES WHICH MAY APPEAR ELSEWHERE ON THIS WEBSITE.

1. Definitions
In these Terms of Use, the following words and phrases shall have the meanings set out below:
1.1. “Content” means any content, irrespective of form, displayed on the Site from time to time, and submitted to the Site from time to time, whether displayed or otherwise.

1.2. "ECT Act" means the Electronic Communications and Transactions Act 25 of 2002.

1.3. “Intellectual Property Rights” means copyright, patents, registered designs, trademarks (whether registered or not) , trade secrets, database rights, design rights, service marks and other intellectual property rights and rights to claim something as confidential information, including in other jurisdictions that grant similar rights.

1.4. “Products and Services” means those products, such as mobile telephones, and services, such as broadband contracts, offered by third parties and in respect of which information is displayed from time to time on the Site;

1.5. “Product Provider” means a third party supplier or provider of a Product, and “Service Provider” shall have a corresponding meaning in relation to Services.

1.6. “Site” means the Internet World Wide website at URL www.clickncompare.co.za or such other URL as We may indicate from time to time.

1.7. “Terms of Use” means these terms of use of the Site, including Our Privacy Policy, which is incorporated by reference, each as updated from time to time.

1.8. “Us”, “We”, or “Our” means Click n Compare Proprietary Limited, a company incorporated in terms of the company laws of the Republic of South Africa with registration number 2013/150384/07, and also includes reference to Our holding company and its subsidiaries.

1.9. “You” or “Your” refers to You, or Your employer or any other entity that You have full legal authority to bind and may be accepting these Terms of Use on behalf of.

2. Use Subject to these Terms of Use

2.1. Your use of and access to this Site is at all times governed by the terms of these Terms of Use, and by accessing this Site You agree to adhere to these terms. Your agreement to these Terms of Use will be deemed to have been given on the date when You first accessed this Site.

2.2. If You do not agree to these Terms of Use, You must cease Your access of this Site immediately.

2.3. These Terms of Use include Our Privacy Policy, which is included by reference.

2.4. We reserve the right to, amend, change, modify, add to or remove from portions or the whole of these Terms of Use from time to time. Changes to these Terms of Use will become effective upon such changes being posted to the Site. By accessing the Site You are bound to the version of the Terms of Use published here at the time of any visit to the Site. You agree to view the current version each time You access the Site. Your continued use of the Site following the posting of changes or updates will be considered notice of Your acceptance to abide by and be bound by these Terms of Use, including such changes or updates.

2.5. We reserve the right to make any changes to the Site, the Content, or to Products and/or Services displayed on the Site at any time and without notice. A certificate signed by the administrator responsible for maintaining the Site will be prima facie proof of the date of publication and content of the current version and all previous versions of the Terms of Use.

3. Content

3.1. NO OFFER AND NO ADVICE. You should regard nothing contained in this Site as an offer made by Us, or as advice. All information pertaining to Products and/or Services displayed on the Site is sourced, either by Us or by third parties with whom we have a contractual relationship, from the Product or Service Providers, collated on the Site and presented for information purposes only. Nothing on the Site constitutes or should be construed as advice.

3.2. No Warranty on Content and Use at Own Risk. All information viewed or accessed from this Site is provided “as is” without any warranty, whether express or implied unless specifically imposed by law. The information may include inaccuracies or typographical errors. Use of the Site and/or reliance on the information provided thereon is entirely at Your own risk. You assume full responsibility for any loss or damage resulting from Your use of the Site and Your reliance on any of the Content contained on the Site.

3.3. We make no warranty or representation as to the availability, accuracy or completeness of the Content. Products and/or Services in respect of which information is displayed on the Site may not represent all products and/or services of that nature available on the open market. We shall not be held liable for any direct or indirect, special, consequential or other damage of any kind whatsoever suffered or incurred, related to the use of, or the inability to access or use the Content or the Site or any functionality thereof, or of any linked website, even if We were expressly advised thereof.

3.4. Removal of Content. All Content may be removed at any time by Us. In addition to this, any Content We feel is inappropriate or inconsistent with the Site may be removed at Our own discretion.

3.5. No Warranty on Availability. We do not warrant that:

3.5.1. this Site or the delivery, hosting and ancillary services or facilities of third party suppliers utilised by Us will continue to operate, will operate without interruptions or will be error-free or that it will be free of any software virus or other harmful component. You will be entirely responsible for any resulting damage to software or computer systems and/or any resulting loss of data caused as a result of any use of this Site; and/or

3.5.2. any of the Products and/or Services displayed or referred to on the Site will be available.

4. Third Party Sites

4.1. Content of 3rd Party Sites. The Site contains hyperlinks to websites owned and / or operated by third parties, including without limitation Product and Service Providers. We are not responsible for the content of such websites, no representation is made as to their content, and We do not endorse or approve the contents thereof.

4.2. Disclaimer of 3rd Party Site Content. We consequently do not accept any liability in connection with any third party websites that may be linked to this Site (regardless of whether or not a link has been permitted by Us) and are not responsible for the content of any website that is linked to this Site. The fact that a website is linked to this Site does not imply that We sponsor, endorse or are affiliated or associated with the entity that owns or is responsible for the website. Use or reliance on any external links provided is at Your own risk. When visiting external links You must refer to that external website’s terms of use.

5. Intellectual Property

5.1. No Licence or Assignment. The trademarks, names, logos and service marks (collectively "Trademarks") displayed on the Site are the registered and unregistered Trademarks of Us, or of the third party owners thereof (“the Owners”). Except as specified in these Terms of Use, You are not granted a license or any other right in or to the Content and/or the Trademarks, and use of this Site will not in any way result in an assignment of any intellectual property owned by Us or any Owner. All rights in and to the Content and the Trademarks is reserved and retained by Us and/or the Owners, as the case may be, and You acknowledge that We and/or the Owners, as the case may be, are and shall remain the proprietors of all the Content and the Trademarks on the Site.

5.2. Limited Use. The Content on the Site may not be transmitted, transcribed, reproduced, stored or translated into any other form without Our prior written permission. However, We permit You to view, download and print pages from the Site for Your own personal use, subject to the restrictions set out below and elsewhere in these Terms of Use.

5.3. No Other Use. No other use of this Site or its content is permitted without Our prior written consent. Without restricting the generality of the foregoing, You may not make commercial use of the content of this Site, include the content of this Site in or with any product that You create or distribute, or copy the content of this Site onto Your own or another's website, unless as set out in these Terms of Use.

6. Linking, Framing and Crawling

6.1. Hyperlinking Restricted. Our express written permission is required before any hyperlink other than to the home page of this Site is created. Permission, if granted, will be subject to the condition that the party linking to this Site alerts users to the application of these Terms of Use. Requests for permission can be emailed to info@clickncompare.co.za

6.2. Permission. Permission to link to this Site is given without assumption of any liability. We reserve the right to withdraw permission granted to link to this Site at any time and for any reason.

6.3. Framing Restricted. Our express written permission, which may be subject to conditions, is required before this Site, any of its pages and/or any of the information contained on the Site is framed. Requests for permission can be emailed to info@clickncompare.co.za

6.4. Automated Searches Restricted. Apart from legitimate search engine operators and use of the search facility provided on the Site for users, no person may use or attempt to use any technology or applications (including web crawlers or web spiders) to search or copy Content from the Site for any purpose without Our prior written consent.

7. Acceptable Use

7.1. Prohibitions. You agree and acknowledge that You will not use the Site in any unlawful manner or in a manner not approved by these Terms of Use. You agree to treat all other users of the Site with respect and You will not

7.1.1. Defame, abuse, harass, stalk, threaten or violate the legal rights (such as rights of privacy) of others.

7.1.2. Publish, post, distribute or disseminate any defamatory, infringing, obscene, pornographic, sexual, indecent or unlawful material or information.

7.1.3. Upload or otherwise transfer files that contain software or other material protected by intellectual property laws (or by rights of privacy or confidentiality) unless You own or control the rights thereto or have the required authority and have received all necessary consent to the intellectual property.

7.1.4. Upload or otherwise transfer files that contain viruses, corrupted files or any other similar software or programs that may damage or inhibit the operation of another computer.

7.1.5. Delete any legal notices, labels or anything else in the Site Content that displays authorship or ownership in any file that is uploaded.

7.1.6. Falsify the origin or source of software or other material contained in a file that is uploaded.

7.1.7. Advertise or offer to sell any goods or services or conduct or forward surveys, contests or chain letters.

7.1.8. Download any file posted by another user that You know, or reasonably should know, cannot be legally distributed.

7.1.9. Use any communications or content or other information obtained through the Site in a manner that is competitive with the Site or Us.

7.2. This Site and the Content may not be reproduced, duplicated, copied, resold, visited or otherwise exploited for any commercial purpose without Our express prior written consent. You may not collect Product or Service listings, descriptions or other information displayed here, except for Your own personal use, and may not make any derivative use of this Site or the Content for any commercial purpose whatsoever.

8. Signing up/Account

8.1. You have the option of creating an account on the Site by signing up. Creating an account requires You to submit certain personal information to the Site by way of the submission interface available on the Site for that purpose. By submitting personal information, You consent to Us (i) collecting, storing and processing such personal information and (ii) sharing your personal information within Click n Compare and with certain third parties with whom We have a contractual relationship, on a need-to-know basis, for the purpose of fulfilling instructions and/or meeting requests made by You during the course of Your use of the Site.

8.2. You acknowledge that it is possible for Internet-based communications to be intercepted, and any submission of information by way of a submission interface made available on the Site is done at your own risk. Without the use of encryption, the Internet is not a secure medium and privacy cannot be ensured. Internet e-mail is vulnerable to interception and forging. We will therefore not be liable for any damages that You or any third party may suffer as a result of the transmission of confidential or personal information that You submit to Us through the Internet, or that You expressly or implicitly authorise Us to receive, or for any errors or any changes made to any transmitted information.

8.3. In signing up, You will be asked to choose a user ID and password. You must ensure that Your user ID and password are kept confidential. You must notify Us in writing immediately if You become aware of any unauthorised use of Your account or password. You are solely responsible for any activity on the Site arising out of any failure to keep Your user ID and/or password confidential, and may be held liable for any losses arising out of such a failure. We may disable Your user ID and password in Our sole discretion without notice or explanation.

8.4. You must not use any other person's user ID and password to access an account, and You may not authorise any other person to access your account. You may not assign or otherwise transfer Your account to any other person or entity.

8.5. Your submissions during signing up must comply with the “acceptable use” and “submissions” provisions of these Terms of Use. We reserve the right to reject or delete submissions that in Our reasonable opinion breach these Terms of Use or that do not, in Our reasonable opinion, conform to the requirements of the Site.

8.6. You are obliged to keep Your account information up-to-date using the appropriate submission interface. Should We become aware that the information contained in any account is out of date and/or inaccurate, We may suspend or delete the account, and You shall have no claim against Us in respect of such suspension or deletion whatsoever.

9. User Submissions

9.1. You may, to the extent that the Site allows by way of submission interfaces available on the Site, submit content for publication on the Site in the form of comments, posts, reviews and the like.

9.2 You will have the opportunity to identify and correct input errors prior to submitting Your content.

9.3. In making any submission to the Site, You warrant and represent that the submission concerned will comply with these Terms of Use.

9.4. Your submissions must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against You or Us or a third party (in each case under any applicable law). You may not submit to the Site any content that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

9.5 Your submissions (and their publication on the Site) may not:

9.5.1. be in breach of any confidentiality obligations owed by You to a third party;

9.5.2. be in breach of any contractual obligation owed to any person;

9.5.3. infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;

9.5.4. infringe any right of confidence, right of privacy, or right under data protection legislation;

9.5.5. be in contempt of any court, or in breach of any court order;

9.5.6. constitute negligent advice or contain any negligent statement;

9.5.7. be libellous, defamatory or maliciously false;

9.5.8. be obscene, indecent or profane;

9.5.9. constitute an incitement to commit a crime;

9.5.10. be in breach of racial or religious hatred or discrimination laws;

9.5.11. be blasphemous;

9.5.12. depict violence;

9.5.13. be inappropriate, pornographic, sexually suggestive or sexually explicit;

9.5.14. be untrue, false, inaccurate or misleading, impersonate or falsely state or misrepresent an affiliation with any person or organisation;

9.5.15. be of a nature likely to bring Us, the Site or Our services into disrepute;

9.5.16. constitute spam;

9.5.17. be offensive, deceptive, threatening, abusive, harassing, or menacing, hateful, discriminatory or inflammatory; or

9.5.18. cause annoyance, inconvenience or needless anxiety to any person.

9.6. You may not make submissions which contain any type of advertising or solicitation.

9.7. We retain complete editorial control over the Site and the Content appearing thereon, and We reserve the right to edit, position or remove any material submitted to the Site, or stored on Our servers, or hosted or published upon the Site, in Our sole discretion and without notice to You.

9.8. We may (but are not obliged to) perform technical functions necessary for the effective operation of the Site, including but not limited to transcoding and/or reformatting user content to allow its use on the Site, and You agree to the performance of any such technical functions on or in relation to content that You have submitted.

9.9. We may publish and communicate to the public any content submitted for publication on the Site. You grant to Us a perpetual, worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute any content You submit, to any existing or future media. You also grant to Us the right to sub-license these rights, and the right to bring an action for infringement of these rights.

9.10. You acknowledge and agree that the licence described above includes a right for Us to make the submission or any portion thereof available to other companies, organisations or individuals for the purpose of marketing and promoting the Site, and the licence will survive termination of the agreement embodied in these Terms of Use.

9.11. Notwithstanding Our rights under these Terms of Use in relation to submissions, We do not undertake to monitor any submissions, or the publication of User-submitted content on the Site, and You acknowledge and agree that Your use of the Site and any submission You may make by way of any submission interface available on the Site is done entirely at Your own risk. You agree and acknowledge that We will not be held liable for Content created by You and/or other users, and that You maintain all responsibility for Your actions and statements made on the Site.

10. Security

10.1. No Liability. While We take all reasonable security precautions, no liability will lie for damage caused by the malicious use of this Site or by destructive data or code that is passed on to You through the use of this Site.

10.2. Prosecution. We reserve the right to pursue prosecution of and compensation from any person who delivers or attempts to deliver any destructive code to this Site or attempts to gain unauthorized access to any page on this Site.

11. Personal Information

11.1. Privacy Policy. Further information regarding the manner in which We respect the privacy of Your personal information is contained in the Privacy Policy.

12. Disclaimer and Indemnity

12.1. Disclaimer. We expressly disclaim all liability for any direct, indirect or consequential loss or damage occasioned from the use or inability to use this Site whether directly or indirectly resulting from inaccuracies, defects, errors, whether typographical or otherwise, omissions, out of date information or otherwise. Consequential and indirect loss and damage will include but not be limited to loss of profits, loss of goodwill, and wasted expenditure.

12.2. Limitation of Liability. In the event that a court of competent jurisdiction finds that We are liable, You agree that the total aggregate liability of Us, our employees, officers, agents and/or sub-contractors to You whether under this Agreement or in law shall not exceed the total amount actually paid by You to Us under the Terms of Use.

12.3. Indemnity. You unconditionally and irrevocably indemnify and hold Us, Our employees, officers, agents and/or sub-contractors, subsidiaries and affiliates 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 any failure or delay in the performance of the Site, the use and/or access of the Site, the Content displayed on the Site or any other matter, directly or indirectly, related to Your use of the Site, whether due to Our negligence or not.

13. Owner information

13.1. The following are the details of the Site owner.

Site owner: Click n Compare Proprietary Limited

Registration number: 2013/150384/07

E-mail: info@silvertree-capital.com

14. Advertising and sponsorship

14.1. 3rd Party Content. This Site may contain advertising and sponsorship. Advertisers and sponsors are solely responsible for ensuring that material submitted for inclusion in this Site complies with all applicable laws and regulations.

14.2. No Liability. We accordingly exclude, to the fullest possible extent permissible under law, any responsibility or liability for any error or inaccuracy appearing in advertising or sponsorship material.

15. Monitoring and interception of data messages

15.1. In order to provide a relevant, efficient and secure service, and where required and permitted to do so under law, We may monitor and/or intercept electronic communications, such as e-mails, which are sent to this Site. To the full extent necessary under law You acknowledge that You are aware of the potential monitoring and/or interception and consent to it.

16. Receipt of data messages

16.1. Data messages, including e-mail messages, sent by You to Us will be deemed to be received only when acknowledged or responded to.

16.2. A data message sent by Us to You will be regarded as received when the complete data message enters an information system designated or used for that purpose by the recipient and is capable of being retrieved and processed by the recipient.

16.3. We reserve the right not to respond to any e-mail or other data message which contains obscene, threatening, defamatory or otherwise illegal, unlawful or inappropriate content, and to take the appropriate action against the sender of such e-mail where necessary.

16.4. You agree that data messages sent to this Site will not be regarded as confidential unless otherwise agreed.

17. Applicable Law and Disputes

17.1. Applicable Law & Jurisdiction. These Terms of Use shall be governed by the laws of the Republic of South Africa. This Site is controlled, operated and administered by Us from Our offices as set out above within the Republic of South Africa. We make no representation that the Content is appropriate or available for use in any other locations or countries. Access to the Site from territories or countries where the Content is illegal, is prohibited. You may not use this Site in violation of South African export laws and regulations. If You access this Site from locations outside of South Africa, You are responsible for compliance with all local laws.

17.2. Arbitration. Any dispute between the parties arising out of or in connection with Your use of the Site or from these Terms of Use must be submitted to confidential arbitration. Such arbitration will be held in Cape Town (South Africa), subject to the arbitral law of South Africa. The parties consent to the sole jurisdiction of the High Court of South Africa in adjudicating disputes arising from or connected with the arbitration. The Arbitration Foundation of South Africa will act as the appointing authority.

17.3. Urgent Relief. The aforegoing will not restrict Our right to apply to a competent court for relief should the intellectual property rights of Us or any third party be violated or threatened, and the parties consent to the jurisdiction of the Western Cape High Court for such purposes.

18. Interpretation & General

18.1. Whole Agreement. These Terms of Use constitute the whole of the agreement between the parties, and no document or statement not mentioned above will form part of it. Only a written variation, waiver or cancellation agreed to by both parties will be of any effect.

18.2. Survival. For the avoidance of doubt, any provision of these Terms of Use that anticipates any right or duty extending beyond the termination or expiry of these Terms of Use will survive the termination or expiry of these Terms of Use and continue in full force and effect.

18.3. No Indulgence. If one party chooses not to enforce any part of these Terms of Use, that does not mean that the party cannot enforce that part at a later time.

18.4. Representatives. Should You be using the Site in a representative capacity, You warrant that You are authorised to act in such capacity, and accept personal liability under these Terms of Use should You prove not to be so authorised.

18.5. Severance. In the event that any part of these Terms of Use is found to be partially or fully unenforceable for any reason, this will not affect the application or enforceability of the remainder of these Terms of Use.

18.6. Broken Links. Notwithstanding the fact that hyperlinks in these Terms of Use to certain documents should be deemed part of these Terms of Use in terms of section 11 of the Electronic Communications and Transactions Act 25 of 2002, the fact that some or all of the hyperlinks may be non-operational, will not play a role in determination of the validity and interpretation of these Terms of Use.