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.
1.8. “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.
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.
5. Intellectual Property
6. Linking, Framing and Crawling
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 email@example.com
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
7.1.1. 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.
8.6. 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.
9.4. 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.
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
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.
12.3. 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
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
17.3. 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