Terms of Use - Comcorp

COMCORP WEBSITE TERMS OF USE

AGREEMENT BETWEEN USER AND COMCORP

In the below Terms of Use, any reference to Comcorp shall mean Comcorp Holdings (Pty) Ltd, a private company duly registered and incorporated in accordance with the company laws of the Republic of South Africa and any of its subsidiaries.

The laws of the Republic of South Africa regulate these Terms of Use.

The Comcorp Website is comprised of various Web pages operated by Comcorp. Any reference to the Comcorp Website shall include the additional various web pages operated by Comcorp.

The Comcorp Website is accessible to you, the user, subject to the Terms of Use as set out below and on condition of your acceptance, without modification, of the terms, conditions, and notices contained herein. Your access and/or use of this website, constitutes your deemed acceptance of these Terms of Use.

MODIFICATION OF THESE TERMS OF USE

Comcorp reserves the right to make changes or alterations to the Terms of Use as required, including but not limited to the charges associated with the use of the Comcorp Website. Such changes and alterations may be made, without prior notice, at any time that Comcorp deems necessary. The user is advised to revisit these Terms of Use on a regular basis to ensure one is familiar with any changes.

LINKS TO THIRD PARTY SITES

The Comcorp Website may contain links to other third-party websites (“Linked Sites”). The Linked Sites are not under the control of Comcorp and Comcorp is not responsible for the contents of any Linked Site, including, without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. Further, Comcorp is not responsible for webcasting or any other form of transmission received from any Linked Site. The Linked Sites are subject to their own terms and conditions specified by the applicable Linked Site’s product providers. The inclusion of any link, or otherwise to a Linked Site is solely for the user’s ease and convenience, and the inclusion of any link does not imply endorsement by Comcorp of the site or any association with its operators.

Comcorp has no access to, nor control over, the Linked Sites and thus Comcorp assumes no responsibility for the use of same.

NO UNLAWFUL OR PROHIBITED USE

As a condition of the user’s access and/or use of the Comcorp Website, the user warrants that they will not use the Comcorp Website in any manner or for any purpose that is unlawful or prohibited by these terms, conditions, and notices.

The user warrants that they will not use the Comcorp Website in any manner which could damage, disable, overburden, or impair the Comcorp Website or interfere with any other party’s use and enjoyment of the Comcorp Website.

The user warrant’s that they will not obtain, nor attempt to obtain, any material or information through any means not intentionally made available or provided for through Comcorp’s Website.

The user may not utilize this website as a means to conduct any competing business with Comcorp.

Without limiting the rights and remedies of Comcorp, should the user engage in any conduct that constitutes an abuse of the website, Comcorp may, without notice to the user, suspend the access to this website or any part thereof.

USE OF COMMUNICATION SERVICES

The Comcorp Website and/or social media pages, including but not limited to, Comcorp’s Facebook page, LinkedIn page and Twitter page, may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), the user agrees to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. The user is prohibited from posting, commenting or transmitting any subject matter on the Comcorp Website and/or social media pages that is unlawful or could cause any liability under the laws of the Republic of South Africa. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
Violate any applicable laws or regulations.

Comcorp has no obligation to monitor the Communication Services. However, Comcorp reserves the right to review materials posted to a Communication Service and to remove any material in its sole discretion. Comcorp reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Comcorp reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Comcorp’s sole discretion.

Comcorp confirms that it has procedures in place to protect the user’s security and information from being accessed and viewed by third parties during transmission, however, the user’s attention is drawn to the fact that data transferred via the internet is vulnerable to observation and interference. The user is advised to always use caution when giving out any personally identifying information about themselves or any related person to the user in any Communication Service. Comcorp does not control or endorse the content, messages or information found in any Communication Service and, therefore, Comcorp specifically disclaims any liability with regard to the Communication Services and any actions resulting from the user’s participation in any Communication Service. Access and use of the Comcorp Website is done so at the user’s own risk. Comcorp offers no warranties and shall not be held liable for any damages, loss or injury that the user might endure as a result of the transmission of the user’s information via the Comcorp Website.

Managers and hosts are not authorized Comcorp spokespersons, and their views do not necessarily reflect those of Comcorp. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. The user is responsible for adhering to such limitations if they download the materials.

MATERIALS PROVIDED TO COMCORP OR POSTED AT ANY COMCORP WEBSITE

Comcorp does not claim ownership of any materials provided by the user to Comcorp (including feedback and suggestions) or post, upload, input or submit to any Comcorp Website and/or social media pages and/or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting their Submissions, the user is granting Comcorp, its affiliated and subsidiary companies and necessary sublicensees, permission to use their Submissions in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submissions; and to publish your name in connection with your Submissions.

No compensation will be paid with respect of the use of the user’s Submissions, as provided herein. Comcorp is under no obligation to post or use any Submissions the user may provide and may remove any Submissions at any time in Comcorp’s sole discretion.

By posting, uploading, inputting, providing or submitting their Submissions, the user warrants and represents that they own or otherwise controls all of the rights to their Submissions as described in this section including, without limitation, all the rights necessary for the user to provide, post, upload, input or submit the Submissions.

The user guarantees that the Submissions provided on the Comcorp Website shall be true, correct, up-to-date and comprehensive.

LIABILITY DISCLAIMER

Comcorp attempts to ensure that all information provided is accurate and kept up to date, however, the information, software, products, and services included in, or available through, the Comcorp Website, may include inaccuracies or typographical errors. Comcorp accepts no responsibility for any inaccuracies provided in any of the information on the Comcorp Website. Changes are periodically added to the information herein.

Comcorp and/or its suppliers may make improvements and/or changes in the Comcorp Website at any time. Advice received via the Comcorp Website should not be relied upon for personal, medical, legal or financial decisions and the user should consult an appropriate professional for specific advice tailored to their situation. The use and reliance on any information gained from this website is at the user’s own risk.

Comcorp and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the Comcorp Website for any purpose.

To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided “as is” without warranty or condition of any kind. Comcorp and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.

To the maximum extent permitted by applicable law, Comcorp and/or its suppliers accept no liability for any direct, indirect, punitive, incidental, special, consequential loss and/or damages whatsoever, including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Comcorp Website, with the delay or inability to use the Comcorp Website or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Comcorp Website, or otherwise arising out of the use of the Comcorp Website, whether based on contract, tort, negligence, strict liability or otherwise, even if Comcorp or any of its suppliers has been advised of the possibility of damages.

Service Contact: enquiries@comcorp.co.za

TERMINATION/ACCESS RESTRICTION

Comcorp reserves the right, in its sole discretion, to terminate your access to the Comcorp Website and the related services or any portion thereof at any time, without notice. General to the maximum extent permitted by law, these Terms of Use are governed by the laws of the Republic of South Africa and the user hereby consents to the exclusive jurisdiction and Courts of the Republic of South Africa in all disputes arising out of or relating to the use of the Comcorp Website. Use of the Comcorp Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation this paragraph.

The user agrees that no joint venture, partnership, employment, or agency relationship exists between themselves and Comcorp as a result of these Terms of Use or use of the Comcorp Website. Comcorp’s performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use are in derogation of Comcorp’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Comcorp Website or information provided to or gathered by Comcorp with respect to such use.

If any part of these Terms of Use are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall remain in effect.

Unless otherwise specified herein, these Terms of Use constitutes the entire agreement between the user and Comcorp with respect to the Comcorp Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Comcorp with respect to the Comcorp Website. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

It is the express wish to the parties that this agreement and all related documents be drawn up in English.

COPYRIGHT AND TRADEMARK NOTICES

This website as well as all material contained within it are copyrighted and thus safeguarded by intellectual property rights. The rights, title and interest in the material contained on the website is either owned by Comcorp or alternatively, Comcorp has obtain licenses for the use thereof.

The user may not make use of the materials on this website in any manner, including, but not limited to, copying, selling, distributing or sub-licensing, without Comcorp’s written consent. Any unauthorized use of the website materials is considered a crime and leaves the wrongdoer liable to prosecution.

TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.

LEGAL

The user agrees to the jurisdiction of the Republic of South African with regard to any proceedings, actions, applications or otherwise, entered into by either Comcorp, the user or a third party against the other, which arose from these Terms of Use.

Any Legal notices or legal documentation, legal or otherwise, should be addressed to Comcorp and must be sent by registered post or delivered by hand to Comcorp’s domicilium citandi et executandi being:

1^st Floor Fulham House
Hampton Office Park
20 Georgian Crescent East
Bryanston.

PRIVACY STATEMENT

Comcorp is committed to protecting your privacy and developing technology that gives you the most powerful and safe online experience. This Privacy Statement applies to the Comcorp Website and governs data collection and usage. By accessing and/or using the Comcorp Website, you, the user, consent to the data practices described in this statement.

Collection of your Personal Information

Comcorp collects personally identifiable information, such as your e-mail address, name, home or work address or telephone number. This is done only if the user provides this information to us on the Comcorp Website.

The user consents to personally identifiable information or personally sensitive data, directly disclosed by the user through the Comcorp Website’s public message boards, to be collected and used by others. Note: Comcorp does not read any of your private online communications.

Comcorp encourages you to review the privacy statements of websites you choose to link to from Comcorp so that you can understand how those websites collect, use and share your information. Comcorp is not responsible for the privacy statements or other content on websites outside of the Comcorp and Comcorp family of websites.

Use of your Personal Information

The user hereby specifically consents to Comcorp collecting and using the user’s personal information to operate the Comcorp Website and deliver the services the user has requested. The user further consents to Comcorp using the user’s personally identifiable information to inform them of other products or services available from Comcorp and its affiliates. Comcorp may contact the user via surveys to conduct research about the user’s opinion of current services or of potential new services that may be offered.

Comcorp does not sell, rent or lease its customer lists to third parties. Comcorp may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your unique personally identifiable information (e-mail, name, address, telephone number) is not transferred to the third party. In addition, Comcorp may share data with trusted partners to help us perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to Comcorp, and they are required to maintain the confidentiality of your information.

Comcorp does not use nor shall it disclose sensitive personal information, such as race, religion, or political affiliations, without your explicit consent.

Comcorp’s Website will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Comcorp or the site; (b) protect and defend the rights or property of Comcorp; and, (c) act under exigent circumstances to protect the personal safety of users of Comcorp, or the public.

Changes to this Statement

Comcorp will occasionally update this Statement of Privacy to reflect company and customer feedback. Comcorp encourages you to periodically review this Statement to be informed of how Comcorp is protecting your information.

COOKIES STATEMENT

Comcorp’s website uses small text files which are otherwise known as cookies. These cookies are used to ensure that the user is able to experience the best services that Comcorp is able to offer. This statement provides, amongst other things, the user with information regarding what cookies are, which cookies Comcorp uses and how they can be controlled. By clicking to accept the use of cookies of our website you confirm that you have read and agree to this statement and Comcorp’s use of cookies on our website for the reasons detailed below.

What are cookies

A cookie is a small text file that holds small amounts of information which, when one visits a website, such as the Comcorp Website, the information would be downloaded to the user’s device and then later transmitted back to the initiating website or another website which recognises that cookie. The purpose for the use of cookies is to allow websites, like Comcorp’s Website, to identify a user’s device and as a result, make available improved functionality.

Why Comcorp use cookies

The reasons why Comcorp uses cookies are to identify the user’s device when they access the Comcorp Website, to identify which specific pages the user’s visit, to observe how often the user visits the website, to compile and collect statistical data regarding the use of the Comcorp Website, to allow for sign in and authentication purposes, to enable and maintain Comcorp’s security features to enhance the safety of our users and combat against fraudulent activity and to ensure that the functionality of the website is optimal.

This information is collected in order to provide the user with faster, more reliable, more relevant and safer use of the website which caters more to each user’s needs. Through the use of cookies, Comcorp can ensure its website remains helpful and purposeful to its users.

Types of Cookies that Comcorp uses

First Party/ Third party cookies

These cookies are cookies placed by either the website that is being accessed by the user (First Party cookies) or by another entity other than that of the website accessed (third party cookies). Examples of third-party cookies are social media networks. These allow the user to easily access Comcorp’s social media platforms.

Persistent cookies

These cookies stay on the user’s device for a period of time which is stipulated in the cookie. Each time the user accesses the website, these persistent cookies are activated.

Session cookies

These cookies enable the website operators to monitor the activities of a user during the time that the user has accessed the website. Session cookies are only active for the time the user accesses the website, they do not stay on the user’s device.

Essential cookies

These are cookies that are necessary for the functioning of the website. These cookies enable the user to register and login to the website as well as allows for easy access and navigation around the website.

Functional cookies

These cookies assist in the technical operations and the functioning of the website. These cookies are used to improve and personalise the user’s browsing experience and enables the website to store specific devices preferences and enhancing the functionality of the user’s website use.

Performance cookies

These cookies collect data and information with regard to how the user uses the website. It enables Comcorp to pinpoint which functions of the website are most widely used and which functions are problematic or inefficient.

How to control cookies

If you, the user do not accept the cookies on the Comcorp Website, you are able to restrict and/or block the cookies by changing the settings on your web browser. If you choose to disable your cookies and not accept this statement, you may not have access to all of the interactive features of the Comcorp Website. If you disable cookies you may not have full access to our website and there may be difficulty in accessing and using some of the interactive features of our website.

Updates to this Cookies Statement

Comcorp reserved the right to update/amend this Cookies Statement at any time as may be required. Such changes and amendments may be made without prior notice to the user. The user is advised to revisit this Cookies Statement on a regular basis to ensure they are familiar with any changes.

How to contact us

Should you require any further information or have any queries regarding this Cookies statement you are welcome to contact us at enquiries@comcorp.co.za.

COMPLIANCE WITH THE PROTECTION OF PERSONAL INFORMATION ACT NO. 4 OF 2013 (“the Act”)

Comcorp confirms that it is in compliance with the Act. In particular with the conditions for the lawful processing of personal information as set out more fully below.

Accountability:

Comcorp understands that it is accountable to the user under POPI and will ensure its compliance with the Act, with particular reference to the lawful processing of the user’s personal information.

Processing limitation:

To the extent that it is capable, Comcorp will ensure that the user’s personal information will be processed lawfully and in a manner that will not infringe upon the user’s privacy. Further, the user’s personal information shall only be processed for the purpose for which it was provided which the user hereby confirms is acceptable, pertinent and necessary.

Comcorp confirms that by the user accepting these Terms of Use, the user is consenting to Comcorp processing the user’s personal information. Such processing is necessary for Comcorp to carry out its purpose. The user is advised that they may withdraw their consent at any time by notifying Comcorp of their decision to withdraw such consent, the user may notify Comcorp of this by emailing enquiries@comcorp.co.za. Comcorp will desist with the processing of this personal information as soon as reasonably possible.

The user may object to Comcorp processing the user’s personal information on reasonable grounds subject to the user’s personal circumstances or for purposes of direct marketing. Should the user object to the processing of personal information Comcorp will desist from processing such information.

Comcorp confirms that all personal information processed will come directly from the user, unless specifically provided for otherwise in the Act.

Purpose specification:

Comcorp confirms that the purpose for the collection and processing of the personal information is to act as a switch between various credit providers and accountable institutions passing encrypted information. Comcorp does not view or collect your personal information directly, however, some of the user’s personal information may be stored and seen by Comcorp.

Comcorp may further collect and process the user’s personal information for the following purposes:

to confirm your identity;
to generate your user application and ensure that same is not duplicated;
to enable Comcorp to communicate with the user via various communication portals;
to request feedback and recommendations from the user regarding Comcorp’s Website and product offerings;
to keep a copy of the communications between the user and Comcorp;
to meet any contractual obligations Comcorp may have with the user and/or a Third Party;
provide the user with value added services;
to improve and enhance Comcorp’s Website and/or product services if and when same becomes necessary;
enable the user to actively participate in any interactive features that may appear on the Comcorp Website;
to keep the user informed of anything relating to their use of the Comcorp Website;
to keep the user updated on product and service offerings which Comcorp may determine the user to find useful and/or interesting;
to keep the user updated to any changes to the website, products, terms and conditions, privacy policy and anything else that may impact the user;
to collate and compile statistical data regarding the user’s use of the Comcorp Website in order to enhance the user’s experience and the Comcorp service offerings based on the user’s needs and specifications;
to determine any errors or technical issues with the website and to attend to having same fixed;
to protect against fraudulent activity and detect if there is any misuse and/or abuse of the Comcorp Website;
to ensure that the law and any legal requirements are complied with;
any other activity that is not specifically mentioned above but which is lawful, reasonable and relevant to the purpose for which the user’s personal information was collected.

Comcorp confirms that the user’s personal information shall not be retained for a period longer than what is necessary to perform its function unless required in terms of the Act.

Further processing limitation:

Comcorp confirms that it shall only further process the user’s personal information if it is in line with the purpose for which it was attained in accordance with the requirements of the Act.

Information quality:

Both Comcorp and the user confirm that they will take all reasonable and necessary steps to ensure that the personal information provides is comprehensive, correct, not deceptive and kept up to date.

Openness:

Comcorp confirms that the user is aware that the personal information of the user processed is received by one of Comcorp’s clients. Comcorp is not the source of where the information is collected, rather acts as a middleware where the information is securely transferred in an encrypted manner.

Security Safeguards:

Comcorp confirms that it has taken all the necessary steps to safeguard the user’s personal information that it possibly can. Comcorp further confirms that all personal information processed is treated as confidential and that any Third-Party Institution or Users are also subject to compliance with the Act. However, the user acknowledges that Comcorp has no control over the actions of the Third Party institutions and Users and hereby specifically indemnifies and holds Comcorp harmless against any claims or losses of whatsoever nature sustained by the user due to the Third Party Institution or Users use, processing and or storage of such personal information. Comcorp confirms that should there be any reason to believe that the user’s personal information has been accessed by an unauthorised person they will notify the user as soon as reasonably possible in accordance with the Act.

Data subject participation:

Comcorp confirms that it shall, on request by the user, make available a record or description of the personal information it has on the user for the user’s inspection. The user may request Comcorp to amend or delete any information that is inaccurate, out of date, incomplete, obtained unlawfully or misleading. Comcorp confirms that it will, as soon as reasonably possible, amend the personal information to reflect the correct information.

CONTACT INFORMATION

Comcorp welcomes your comments regarding this Statement of Privacy. If you believe that Comcorp has not adhered to this Statement, please contact Comcorp at enquiries@comcorp.co.za. We will use commercially reasonable efforts to promptly determine and remedy the problem.

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