1.
Introduction
Your use of the Lynx Platform (as defined below) is subject to these terms
and conditions ("Platform Terms"). You must read these
Platform Terms carefully before using this Platform as your continued use
of this Platform will signify that you have accepted them. You should pay
special attention to the parts in bold as they have especially important
consequences for you. For example, they may limit the risk or liability of
wCyber or a third party, may create risk or responsibility for you, compel
you to indemnify wCyber or a third party or, serves an acknowledgement of
fact by you. Not all terms are necessarily defined in order. wCyber
Solutions (Pty) Ltd is the developer and owner of the Lynx Event Management
platform found at www.lynx.events
These Platform Terms were last updated on 13 November 2019.
2.
What do these platform terms regulate?
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Thank you for visiting our Platform. Whether you are a guest, a
registered wCyber merchant or a WCyber Account user, these Platform Terms
(together with all documents referred to in it) tells you the terms of use
on which you may use wCyber Solutions (Pty) Ltd ("wCyber",
"we", our" or "us")
platform, any related mobi-sites or software applications which are
accessible at www.wcyber.net or www.lynx.events ("Platforms"). wCyber Solutions (Pty) Ltd is a company
registered in, and acting in accordance with, the laws of South Africa
(registration number 2015/127072/07).
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The use of our Platform includes accessing, browsing, linking or
downloading any information made available on our Platform (“ Content”), and using any of our services made available on
our Platform (“Services”).
3.
Your agreement to these platform terms
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Your access and continued use of our Platform, Content an/or our
Services means that you agree to enter into a legally binding contract with
us upon these Platform Terms as well as any additional Service Terms
applicable to the exact Services you acquire from us
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These Platform Terms also refer to the following additional terms and
conditions and wCyber policies, which also apply to your use of our
Platform and certain of our Services:
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if you are a business, such as a wCyber merchant who has subscribed for
any of our payment solutions (“wCyber Products”) and any
of our merchant services (“Merchant Services”), our
General Service Terms
will apply. Our
Privacy Policy
, any additional policies which we may update or upload on our Platforms
which supplement the acceptable use of our Platform or our Services.
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Many features of the Platform may be used by anyone of any age, however
only users above the age of 18 (eighteen) may use the Services or provide
their personal information to us for processing. If you are under the age
of 18 (eighteen), then you may use the Platform only with the involvement
and supervision of your parent or legal guardian. If your parent or legal
guardian supervises you and gives his/her consent, then such person agrees
to be bound to these Terms and to be liable and responsible for you and all
your obligations under these Terms.
-
We collect personal information from you. We will handle the collection,
processing and storage of your personal information in accordance with our
Privacy Policy
. By disclosing or submitting your personal information to us, you consent
to us collecting, processing and storing your personal information for the
purposes described in our
Privacy Policy
.
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We may update our Platform, any Content on it, these Platform Terms, and
our
Privacy Policy
from time to time in our discretion. Each time you use the Platform or our
Services, it is your responsibility to review these Platform Terms and our
Privacy Policy
in case of any such updates or amendments. If you do not agree to wCyber’s
updates, you must not continue to use the Platform or our Services.
4.
Accessing the platform
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You agree that you are responsible for obtaining and maintaining all
facilities, services, products and equipment that may be required by you to
maintain access or to use the Platform and any of our Services. You must,
at all times, provide your own hardware, software as well as a modem and
Internet connectivity and electronic communications infrastructure.
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We do not guarantee that our Platform, or any Content on it, will always
be 100% accessible, virus-free or uninterrupted. We will not be liable
(legally responsible) to you if, for any reason, our Platform or the
Services accessible on our Platform are unavailable at any time or for any
period.
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Unauthorized use of the Platform may give rise to a claim for damages
and/or be a criminal offence. You must not use this Platform for any
illegal activity or if you do not agree to the Platform Terms.
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In order to use certain features of the Platform, such as subscribing
for wCyber Services, you must complete the registration process detailed on
the Platform and create an “Account” by following the required prompts
provided. Each user agrees to provide accurate, current and complete
information during the registration process.
5.
Accuracy of information
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Whilst we make all reasonable steps and precautions to ensure the
accuracy of all of the Content we make available on our Platform, the
Content is intended for general information purposes only. It is not
intended to, and does not, constitute professional advice or a replacement
or substitute for professional advice of any nature.
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You understand and agree that our Content may also change from time to
time. The Platform may therefore not always contain the correct or most
up-to-date information, details and descriptions and to the extent allowed
by law, we make no representations, warranties, or guarantees, whether
express or implied, that our Content is accurate, complete or the most up
to date.
6.
Your behaviour when using our platform or our services
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You may use our Platform, Services or Content for lawful purposes only.
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You may not use our Platform, our Services or our Content:
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in any way that is unlawful or fraudulent or has any unlawful or
fraudulent purpose or effect (including but not limited to, impersonating a
wCyber representative and/or requesting a wCyber user (including a wCyber
User Account User) to provide you with their password or other information
so as to access their wCyber User Account or Merchant account);
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for the purposes of submitting false, inaccurate or misleading
information on the Platform or conducting yourself in a false, inaccurate
or misleading fashion, including making any fraudulent offers to sell or
buy products, items or services, or to send chain letters or pyramid
schemes or operate your own commercial endeavours or anything similar;
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for activities that relate to transactions that involve offering or
receiving payments for the purpose of bribery or corruption;
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in any way that constitutes stalking, incites hatred or harm against any
other person, is threatening, defrauding, harassing, or advocating the
harassment of, another person or otherwise interfering with another
person's use of the Platform, or Services or any wCyber Services or wCyber
Products;
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for the purposes of providing yourself with a credit card cash advance
(or helping others to do so);
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to transmit, or procure the sending of, any unsolicited or unauthorized
advertising or promotional material or any other form of similar
solicitation (for example, spam or junk mail);
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to conduct keyword spamming or otherwise attempt to manipulate search
results;
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to create, host, or transmit (whether in a public forum or otherwise)
any defamatory, offensive, or obscene material, or engaging in activities
which would cause offense to others on grounds of race, religion, creed, or
sex;
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to create, host, or transmit any material that threatens or encourages
bodily harm or the destruction of property, or would constitute a criminal
offense or give rise to civil liability;
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to use our Platform for any improper, unlawful, or immoral purpose,
including transmitting or posting profanity, adult content or illegal
content, such as child pornography;
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to solicit personal information from minors or harming or threatening
to cause harm to minors;
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to run any robot, spider, site search or retrieval application, or
other automated device, process or means to access, retrieve, scrape, or
index the Platform or any Content;
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to access, retrieve or index the Platform to construct or populate a
searchable database of business listings or reviews;
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to transmit any computer viruses, worms, defects, trojan horses, time
bombs, cancelbots, easter eggs or other computer programming routines or
items of a destructive nature that may damage, detrimentally interfere
with, surreptitiously intercept or expropriate any system, data or other
personal information;
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to access, or attempt to access, the accounts of others or to penetrate
or attempt to penetrate our or a third party's security measures, computer
software, hardware, electronic communication systems, or telecommunications
systems;
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to make excessive traffic demands;
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to collect, or attempt to collect, personal information about third
parties without their knowledge or consent, or to engage in “screen
scraping,” “database scraping,” or any other activity with the purpose of
obtaining lists of users or other data; or
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to conduct any activities which adversely affects the ability of other
people or systems to use the Services or the Internet generally.
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Due to the global nature of the Internet, you agree to comply with all
local laws and regulations regarding online conduct and acceptable content.
You also agree to comply with any applicable regulations regarding the
export of any data from any country.
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The list in paragraph 5.2 only serves to provide examples and is not
meant to be an exhaustive list of the type of unacceptable uses of the
Platform, the Services or Content that may result in the restriction,
suspension, or termination of your use of the Platform, our Content or our
Services.
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Any restrictions on the use of the Platform or the Content shall also
apply to any part of the Platform or the Content which may be cached when
using the Platform or the Content.
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Subject to the further provisions of these Platform Terms, you are not
allowed to (i) frame, modify, distribute, commercialize, exploit and/or
alter the Platform or the Content; (ii) incorporate any part of the Content
in any other work or publication; and/or (iii) perform any other act which
may not be considered fair use.
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In addition, you shall not and shall not allow a third party to:
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decompile, disassemble or otherwise reverse engineer or attempt to
reconstruct or discover any source code, underlying ideas, algorithms, file
formats, programming of the software forming part of the Platform and/or
the Content ("the Software") or any files contained in or generated by the
Software by any means whatever;
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remove any product identification, copyright or other notices, from the
Software or documentation;
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lend to a third party or use any portion of the Software (whether or not
modified or incorporated with other software) on or with any machine or
system other than your hardware; or
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disseminate performance information or analysis of the Software from any
source relating to the Software.
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When using the Platform, you warrant that:
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you have read and agreed to these Platform Terms and will use the
Platform in accordance with them; and
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you have not made any misrepresentations and the information you provide
to wCyber in any way, is true, accurate and complete.
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Any breach of the warranties herein will automatically be considered a
material breach of these Platform Terms, and further, may make you liable
for criminal prosecution for your failure to adhere to them or other
applicable laws.
7.
Payment terms
By posting your event on the Lynx platform you agree to wCyber Solutions
charging your credit card or to making payment via bank transfer for the
amount stated, and you agree to pay wCyber Solutions the price in order to
secure the event management services and any additional services agreed.
a.
wCyber hosted events
These events agreements entered into by a hosting entity directly with
wCyber. The hosting entity will be subject to
I. Flat fee to host the event on the platform
II. A per attendee that has registered fee
Full payment is due three (3) days after the event is complete.
Third-party hosted events
The Lynx platform may host events that do not necessarily reflect the views
and values of wCyber and comments and views and complaints must be directed
to the host of the event. wCyber reserves the right to accept, reject or
ask the event host to make changes to the event material based on conflict
of values and/or disagreement concerning offensive material, material that
might be harmful to sensitive viewers and illegal material.
b.
Payment charges
With the use of the payment gateway, 4% is charged per ticket as a
transaction processing fee. If the event host opt for the EFT option then a
R15.00 charge applies per transaction.
c.
Credit/ debit card information
The private information required for placing an event through the Lynx
platform, namely the User’s personal information and credit card details,
delivery address and telephone numbers will be kept in the strictest
confidence by the Provider and not sold or made known to third parties.
Only the necessary information, that is the delivery address and contact
phone number will be made known to third parties delivering the product.
Credit card details are not kept by the Provider under any circumstances.
The Provider cannot be held responsible for security breaches occurring on
the User’s electronic device (Personal Computer or other electronic device
used to browse the Website), which may result due to the lack of adequate
virus protection software or spyware that the User may inadvertently have
installed on his/her device.
d.
Cancellation and refund policy
In the event that an event is cancelled, wCyber does not take any
responsibility or liability. All matters concerning cancellation of events
and refunds must be direct to the event hosts
e.
Payment Gateway
All online payments are processed by an independent third-party payment
gateway of wCyber’s choosing. Consumers may go to the website of the
payment gateway service provider to view their security policies.
f.
Discounts
Event discounts are specific to each event on the platform and is therefore
managed by the event hosts.
8.
Changes to event details and agenda
1. Please note that while speakers and topics were confirmed at the time of
publishing, circumstances beyond the control of wCyber and/or event host
may necessitate substitutions, alterations or cancellations of the speakers
and/or topics. As such, wCyber reserves the right to alter or modify the
advertised speakers and/or topics if necessary without any liability to you
whatsoever. Any substitutions or alterations will be updated on the Lynx
platform as soon as possible.
2. wCyber reserves the right to postpone or cancel an event, to change the
location or alter the advertised speakers for an event.
3. wCyber is not responsible for any loss or damage as a result of
substitution, alteration, postponement or cancellation of an event due to
causes beyond its control including without limitation, acts of God,
natural disasters, sabotage, accident, trade or industrial disputes,
terrorism or hostilities. In the event that a conference is cancelled,
wCyber is not liable for any costs incurred by delegates in connection with
their attendance.
4. Occasionally it is necessary for reasons beyond our control to alter the
content and timing of the programme, venue or the identity of the speakers
without any liability to the delegates.
5.
Promotional competition, offers or loyalty programs
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To the extent that wCyber offers in participation certain loyalty
programme/s, should you be a member of any such loyalty programme and wish
to earn loyalty rewards or discounts on the Lynx platform.
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Certain parts of the Platform may also contain competitions or
promotions from wCyber or third parties. The terms and conditions for those
competitions and promotions will be specified on the relevant part of the
Platform.
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By entering or participating in the relevant competition or promotion
you agree to be bound by the relevant terms and conditions. Notwithstanding
any specific terms and conditions, we specifically retain the right, at any
time and without notice, to remove, alter or add to competitions or
promotions on the Platform without any liability to you.
6.
Linking to third-party platforms
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1. The Platform and the Platform Services available through the Platform
may also contain links to access other third-party platforms (" Third-Party Platforms"). If you link to access any
Third-Party Platforms, you may be subject to those Third-Party Platforms’
terms and conditions and other policies. Any content, information, and
materials on any Third-Party Platforms is not endorsed by us and are
provided on an "as is" and “as available” and wCyber does not necessarily
agree with, edit or sponsor the content on such Third-Party Platforms.
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2. Your use of such Third-Party Platforms is entirely at your own risk and
we are not responsible for any loss, expense, claim or damage, whether
direct, indirect or consequential, arising from your use of such
Third-Party Platforms or your reliance on any information provided on such
Third-Party Platforms.
7.
Your use of any public forums (if any)
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The Platform may contain interactive services, including but not limited
to developer discussion groups, news groups, bulletin boards, chat rooms,
blogs and other social networking features (“Public Forums
”), which may allow you to post, transmit or submit information, including
but not limited to writings, images, illustrations, audio recordings, and
video recordings ("Postings").
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Content, information, and materials posted by users to public forums
(including Third-Party Platforms) are not endorsed by us. The opinions
expressed in Public Forums are not necessarily ours. Any statements,
advice, and opinions made by participants are those of such participants
only. While we will do our best to assess any possible risks for users (and
in particular, for children) from third parties when they use Public Form
provided on Platform, we shall not be held responsible for any statements,
advice, opinions, or other content or materials on Public Forums.
You release us from all claims and demands of every kind and nature,
known and unknown, arising out of or in any way connected with a
dispute with another user of the Platform.
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We reserve the right, but are not obliged, to monitor Public Forums and
to remove or alter any Postings that we consider, in our sole discretion,
to constitute misuse of these terms. We may restrict, suspend or terminate
your use of these services or the Platform where, in our sole discretion,
we believe that there may have been such a misuse.
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Any Postings you make will be deemed not to be confidential or secret.
You understand that personal and other information (e.g., username, email
address, phone number) that you post on or through Public Forums is
generally accessible to, and may be collected and used by, others and may
result in unsolicited messages or other contact from others. You should not
include any personally identifiable information about yourself or any other
person in any Postings. We reserve the right, but not the obligation, to
remove any Postings that contain personally identifiable information. We
shall not be liable for the use or misuse of any information or data,
including personal information, that you post on our Public Forums.
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You represent and warrant that your Postings are original to you, do not
infringe on another party’s intellectual property rights, are not obscene,
vulgar, offensive, malicious, discriminatory, defamatory, or otherwise
unlawful, that no other party has any rights thereto, and that any “moral
rights” in your Postings have been waived, and you grant us a royalty-free,
unrestricted, worldwide, perpetual, irrevocable, non-exclusive, and fully
transferable, assignable, and sub-licensable right and license to use,
copy, reproduce, modify, adapt, publish, translate, create derivative works
from, distribute, perform, and display such Postings (in whole or part)
and/or to incorporate them in other works in any form, media, or technology
now known or later developed for any editorial, commercial, non-commercial,
promotional, or other purpose.
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We are not responsible for maintaining your Postings and we may delete
or destroy them at any time.
8.
Intellectual property rights
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All rights (including all Intellectual Property Rights), in all material
and content (including, but not limited to, text, images, web pages,
sounds, web page layout, user interface, software (including code,
interface, and platform structure), and video, and the look and feel,
design, and compilation thereof) on the Platform are owned or licensed by
us.
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You agree that you are permitted to use this material and/or content
only as set forth in and to the extent permitted by these Platform Terms.
For purposes of these Platform Terms, " Intellectual Property Rights" shall mean any patents,
rights to inventions, copyright and related rights, moral rights,
trademarks, service marks, logos, trade names and domain names, rights in
get-up, rights in goodwill or to sue for passing off, rights in designs,
rights in computer software, database rights, scripts, graphics, photos,
sounds, music, videos, interactive features and the like, in each case
whether registered or unregistered and including all applications (or
rights to apply) for, and renewals or extensions of, such rights and all
similar or equivalent rights or forms of protection which may now or in the
future subsist in any part of the world.
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We reserve all rights (including all Intellectual Property Rights) not
expressly granted herein to the Platform and the Content we make available
on or via the Platform.
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You agree to not engage in the use, copying, or distribution of any of
the Content other than as expressly permitted by us, including any use,
copying, or distribution of Content of third parties obtained through the
Platform for any commercial purposes. If you download or print a copy of
the Content for personal use, you must retain all copyright and other
proprietary notices contained therein.
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You agree not to circumvent, disable or otherwise interfere with
security related features of the Platform or features that prevent or
restrict use or copying of any Content or enforce limitations on the use of
the Platform or the Content. All moral rights of WCyber and its
employees/agents are reserved.
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Any reproduction, modification, creation of derivative works from or
redistribution of the Platform, the Content, or the collective work or
compilation is expressly prohibited. Copying or reproducing the Platform,
the Content, or any portion thereof to any other server or location for
further reproduction or redistribution is expressly prohibited.
9.
Indemnity
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1. As far as the law allows, you agree to defend, indemnify us and hold us
and our officers, subsidiaries, holding companies, affiliates, successors,
assigns, directors, officers, agents, service providers, suppliers, and
employees harmless from and against any and all claims, damages,
obligations, losses, liabilities, costs or debt, and expenses (including
but not limited to attorneys' fees) arising from:
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your use of and access to the Platform and/or the Services;
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your breach of any term of these Platform Terms;
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your violation of any third party right, including without limitation
any copyright, trademark, trade secret or other property, or privacy right;
and/or
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any claim that your Content caused damage to a third party.
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This defense and indemnification obligation will survive termination,
modification or expiration of these Platform Terms and your use of the
Platform Services and the Platform.
10.
Limitation of liability
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Subject to paragraph 12.2 below, neither us nor any of our agents,
officers, subsidiaries, holding companies, affiliates, successors, assigns,
directors, service providers, suppliers, employees or representatives shall
be liable for any damage, loss or liability of whatsoever nature arising
from the use or inability to use the Platform or the Services or Content
provided from and through the Platform.
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No provision of these Platform Terms:
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1. does or purports to limit or exempt us from any liability (including,
without limitation, for any loss directly or indirectly attributable to our
gross negligence or willful default or that of any other person acting for
or controlled by us) to the extent that the law does not allow such a
limitation or exemption; and
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2. requires you to assume risk or liability, to the extent that the law
does not allow such an assumption of risk or liability.
11.
Exclusion of warrantees and representations
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1. While the wCyber Products and the wCyber User Account are subject to the
additional terms and conditions accessible on the Platform, the Platform
and the Content are supplied in an "as is" and “as available” basis and has
not been compiled or supplied to meet your individual requirements. You
acknowledge that you have read and agreed to our Disclaimer.
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2. As far as the law allows, the Platform, and the Services are provided
without any representation or warranty whatsoever, whether express, implied
or statutory, including (without limitation) any representation or warranty
as to the operation, integrity, compatibility, availability or
functionality of the Platform or as to the operation, accuracy,
completeness, integrity, compatibility, availability functionality or
reliability of the Content.
12.
General
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These Platform Terms and the relationship between us shall be governed
and construed in accordance with South African law.
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No indulgence, leniency or extension of time granted by wCyber shall
constitute a waiver of any of wCyber’s rights under these Terms and,
accordingly, wCyber shall not be precluded as a consequence of having
granted such indulgence, from exercising any rights against the user which
may have arisen in the past or which might arise in the future.
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Words importing the singular will include the plural and vice versa.
Words importing one gender will include the other genders, and words
importing persons will include partnerships, trusts and bodies corporate,
and vice versa.
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Except as expressly provided by wCyber on the Platform or by means of
any additional terms, these Platform Terms read with our Privacy,
constitute the entire agreement between you and wCyber with respect to the
use of this Platform, the Services and the Content.
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The Platform is not targeted at minors who are under the age of 18
years. Unless permitted in law, we will not knowingly collect information
from persons in this age group. We encourage parents to talk to their
children about the use of the Internet and information they disclose to
platforms. In the event that any minors under the age of 18 years is
permitted to access any part of the Platform or our Services, minors must
be assisted by their legal guardians when reading these Platform Terms.
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Any disputes arising in connection with these Platform Terms and our
Services shall be subject to the exclusive jurisdiction of the courts
located in Johannesburg, South Africa.
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Please report any violations of the Platform Terms (including the
Privacy Policy or any documents incorporated by reference) that you become
aware of by contacting us at info@wcyber.net.
-
Our or your failure to exercise or enforce any right or provision of the
Platform Terms shall not constitute a waiver of such right or provision.
-
Save as otherwise provided, no provision of these Platform Terms
constitutes a stipulation for the benefit of a third person which, if
accepted by the person, would bind any party in favour of that person.
-
The termination of any contract created by these Platform Terms will be
without prejudice to any other rights or remedies that you or we may be
entitled to under the agreement or at law, and will not affect any of our
or your accrued rights or liabilities nor the coming into or continuance in
force of any provision of these Platform Terms which is expressly or by
implication intended to come into or continue in force on or after such
termination.
-
If any term or condition contained in these Platform Terms is declared
invalid, the remaining terms and conditions will remain in full force and
effect.
-
You may not cede, assign or otherwise transfer your rights and
obligations in terms of these Platform Terms to any third party.
-
You may terminate these Platform Terms at any time by ceasing to use
the Platform or the Content and destroying all materials received or
downloaded from this Platform.
-
If these Platform Terms (or any contract governed by these Platform
Terms) or the Services provided and/or made available on the Platform are
regulated by or subject to the Consumer Protection Act 68 of 2008, as may
be amended from time to time (the "Consumer Protection Act
"), it is not intended that any provision of these Terms contravene any
provision of the Consumer Protection Act. Therefore, all provisions of
these Platform Terms must be treated as being qualified, to the extent
necessary, to ensure that the provisions of the Consumer Protection Act are
complied with.
For the purposes of the Electronic Communications and Transactions Act,
2002, wCyber’s information is as follows:
wCyber Solutions (Pty) Ltd
Block B Infinity Business Park
4 Pieter Wenning Rd, Witkoppen,
Sandton, 2191
Johannesburg
Email: info@wcyber.net
Platform: https://www.wcyber.net
