Qorus Software Terms of Usage

DISCLAIMER

 All rights, including copyright, in the content of this website are owned or controlled for these purposes by Qorus Software. In accessing this website, you agree that you may only download the content for your own personal non-commercial use. Qorus Software disclaims all liability for any loss, damage or expense however caused, arising from the use of or reliance upon the information provided through this website and does not guarantee the completeness or accuracy of the information.

Terms and Conditions of Use

IT IS IMPORTANT TO NOTE THAT THE USE OF THIS WEBSITE, INCLUDING USE THROUGH AN ELECTRONIC AGENT, IS SUBJECT TO THE TERMS OF USE SET OUT BELOW. BY USING THIS WEBSITE THE USER AGREES AND IS DEEMED TO HAVE AGREED TO OBSERVE ALL TERMS OF USE, INCLUDING ANY PRIVACY OR OTHER POLICIES WHICH MAY APPEAR ELSEWHERE ON THIS WEBSITE.

THESE TERMS OF USE TAKE EFFECT ON THE DATE WHICH YOU FIRST USE THE WEBSITE.

IF YOU ARE ENTERING INTO THESE TERMS OF USE ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS OF USE, IN WHICH CASE THE TERMS "YOU" OR "YOUR" SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE THEN FURTHER USE OF THE WEBSITE IS PROHIBITED.

Definitions

“ECT Act” means the Electronic Communications & Transactions Act 25 of 2002;

“terms of use” means these terms and conditions of use of this website;

“this website” means www.qorusdocs.com and all sub pages thereof excluding links to external sites;

“user” and/or “you” or “your” means any person accessing any part of the website and includes members;

“website owner” and/or “we” means Qorus Software (Pty) Ltd.

Use of this website

1. Use of this website is strictly at the sole risk of the user.

2. Any and all illegal, unlawful or fraudulent conduct, including click fraud, directed towards this website or any of the services offered through it is strictly prohibited.

Amendments to content and information

3. The website owner expressly reserves the right in its sole discretion to affect any amendment or alteration to the content and information, including pricing and rates, set out in this website.

4. Users acknowledge that it is their responsibility to familiarise themselves with any amendment or alteration affected.

No offer

5. Users should regard nothing contained in this website as an offer but rather as an invitation to do business.

Disclaimers

6. THIS ENTIRE WEBSITE, INCLUDING TEXT, IMAGES, LINKS, DOWNLOADS AND CODING RELATING TO QORUS SOFTWARE IS PROVIDED “AS IS” AND “AS AVAILABLE”. THE WEBSITE OWNER MAKES NO REPRESENTATIONS, ENDORSEMENTS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES AS TO THE , SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY AND ACCURACY OF EITHER THIS WEBSITE OR THE INFORMATION CONTAINED IN IT. FOR THE AVOIDANCE OF DOUBT, THE WEBSITE OWNER DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR BUGS OR REPRESENTS THE FULL FUNCTIONALITY, ACCURACY, RELIABILITY OF THE MATERIALS.

7. The terms and conditions relating to the products and services offered by Qorus Software are available at:

www.qorusdocs.com/products/overview

8. Subject to Chapter 7 of the ECT Act, the website owner, its officers, employees, suppliers, ISPs, partners, affiliates and agents, shall not be liable for any damage, loss or liability, howsoever arising, incurred by users or any other persons and resulting from the use or inability to use this website.

9. Subject to Chapter 7 of the ECT Act and to the fullest extent possible under the applicable law, the website owner disclaims all responsibility or liability for any damages, including but not limited to direct, indirect, economic, consequential loss or loss of profits, whether in action of contract, negligence or other tortuous action, resulting from the use of this site in any manner.

10. The website owner has no control over third party content and features which can be accessed through the use of this website and does not examine or edit such content and features or act as an agent for third parties accessible through this website. As such and to the fullest possible extent permissible under law the website owner disclaims any liability whatsoever for any loss or damage arising from the use of third party websites, contents and features.

Indemnity

11. USERS AGREE TO INDEMNIFY AND HOLD HARMLESS THE WEBSITE OWNER, ITS OFFICERS, EMPLOYEES, ISPs, SERVANTS, SUBCONTRACTORS, PARTNERS, SUBSIDIARIES AND AFFILIATES FROM ANY DEMAND, ACTION OR APPLICATION OR OTHER PROCEEDINGS, INCLUDING FOR ATTORNEYS FEES AND RELATED COSTS SUCH AS TRACING FEES, MADE BY ANY THIRD PARTY AND ARISING OUT OF OR IN CONNECTION WITH THE USER’S USE OF THIS WEBSITE, THIRD PARTY WEBSITES OR ANY OF THE SERVICES OFFERED THROUGH SUCH SITES IN ANY WAY, INCLUDING BUT NOT LIMITED TO THE PROVISION OF CONTENT.

12. Users agree that:

 a. they will be irrevocably bound by the terms and conditions applicable to the use of this website;

 b. they will provide full and accurate information;

 c. it is the user’s responsibility to check and update information pertaining to their user account;

 d. on registration they will provide a username and password;

 e. registration is for a single user and a subscriber’s username and password cannot be shared with any other person; and

f. they will use this website only for lawful purposes, and in a manner which does not infringe the rights of, or restrict or inhibit the use and enjoyment of this website by any third party.

13. Users further undertake not to:

 a. impersonate any other person or use a false or unauthorised name so as to create a false identity and/or e-mail address or to misrepresent the origin or identity of any communications;

 b. make available or upload files that contain software or any other material not owned or licensed to the subscriber;

 c. make use of the website to collect, harvest or otherwise obtain personal information relating to other users or subscribers;

d. copy, reproduce, republish, download, post, broadcast or transmit in any way material except for such user’s own personal non-commercial home use. Any other use requires the prior written permission of the website owner.

e. adapt, alter or create a derivative work from any of the material contained in this website or use it for any other purpose other than for their personal non-commercial use;

f. engage in conduct or assist another party in engaging in conduct which is unlawful, or which may harass or cause distress or inconvenience to any person and the transmission of obscene or offensive content or disruption of normal flow of dialogue within this site.

Receipt of data messages

14. Data messages, including e-mail messages, sent by users to the website owner shall be deemed to be received only when acknowledged or responded to.

15. A data message sent by the website owner to users shall 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. The website owner reserves 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.

Monitoring and interception of data messages

17. In order to provide a relevant and secure service, and where required and permitted to do so under law, the website owner may monitor and/or intercept electronic communications such as e-mail which are sent to this website. To the full extent permitted under the law the user hereby acknowledges that he or she is aware of such potential monitoring and/or interception and consents thereto.

Removal of content – notice of objection

18. If the website owner receives a valid notice of objection relating to any content that is posted on this website then the website owner, subject to the provisions of this clause, will remove the content as contained on the website.

19. A valid notice of objection must be emailed or faxed to the website owner and include:

 a. full names and address,

 b. written or electronic signature,

 c. identification of the right that has been infringed,

 d. identification of the material or activity that infringes this right,

 e. the remedial action needed,

 f. the telephonic and electronic contact details,

 g. a statement that the complainant is acting in good faith, and

 h. a statement that the information is true and correct.

20. If the notice of objection complies with clause 19, the website owner will remove the content and inform the complainant and, if necessary, the third party that posted that material immediately.

21. The website owner expressly disclaims any liability which may arise as a result of the removal of content pursuant to the receipt of a valid notice of objection.

Security

22. While we take all reasonable security precautions, no liability will lie for damage caused by the malicious use of this website or by destructive data or code that is passed on to the user through the use of this website.

23. The following acts in connection with this website are expressly prohibited:

 a. Gaining or attempting to gain unauthorised access to any web page or part of this website;

 b. Delivering or attempting to deliver any unauthorised or malicious code or content to this website; and/or

 c. Any amendment to or attempt to amend any of the content or any other part of this website by unauthorised persons.

24. We will pursue prosecution of and compensation from any person that delivers or attempts to deliver any destructive code to this website or attempts to gain unauthorized access to any page on or part of this website.

Copyright and Intellectual Property protection

25. Copyright in all information, logos, images, source codes and other original material contained in this website, which is not attributed to a third party, is held by or licensed to the website owner. The website owner asserts and reserves all its rights, including moral rights, in this regard. No right, title or interest in any proprietary material or information contained in this web site is granted to users other than set out below.

26. The website owner grants to users a personal, non-exclusive, non-assignable and non-transferable license to view, copy, download to a local drive, print and display all content and information on any machine of which the user is the primary user provided that such use:

 a. Is for information purposes only;

 b. Is for non-commercial purposes or within a non-commercial website;

 c. Any reproduction must acknowledge this website as the source of the information in a proper copyright notice.

27. Users are required to inform the website owner of any non-commercial use by emailing info@qorusdocs.com.

28. Users wishing to utilise content for their own commercial purposes may only doing so with the prior written permission of the website owner. Requests for commercial use may be submitted by e-mailing info@qorusdocs.com. The granting or refusing of permission is completely within the discretion of the website owner, and may be conditional.

29. Users are requested to note that intellectual property rights in certain material and/or information contained on this website may vest in a third party other than the website owner and that the user is under a legal duty to respect such rights.

Privacy and Confidentiality of communications

30. Further information regarding the manner in which we respect the privacy of users’ personal information is contained in our Privacy Policy, which forms part of these terms of use. Please review this now.

31. The user’s attention is drawn to the fact that information transmitted via the Internet, including e-mail, is susceptible to monitoring and interception. The user is therefore discouraged from transmitting to the website or website owner any information that may be confidential, proprietary, or sensitive. The user shall bear all risk of transmitting such information in this manner and under no circumstances will the website owner be liable for any loss, harm, or damage suffered by the user as a result thereof.

32. The website owner reserves the right to request independent verification of any information transmitted via e-mail and the user consents to such verification should the website owner deem it necessary.

33. Any unsolicited information or material sent to the website or website owner will be deemed not to be confidential, unless otherwise agreed in writing by the website owner.

Advertising and sponsorship

34. This website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion in this website complies with all applicable laws and regulations.

35. The website owner accordingly excludes, to the fullest possible extent permissible under law, any responsibility or liability for any error or inaccuracy appearing in advertising or sponsorship material.

Automated searching

36. Automated transactions and searches are subject to these terms of use.

37. The use of malicious search technology is prohibited.

38. The use of search technology in an unlawful manner or for the collecting or harvesting of data for commercial gain is prohibited.

39. Search technology which does not unduly retard the operation of this website is acceptable but the website owner reserves the right to prohibit any specific entity from employing search technology on the website.

Hyperlinks, deep links, framing and web crawlers

40. Persons, business and websites are free to link to this website. Please notify us of any link created by e-mailing details of the link and the page to which it points to info@qorusdocs.com Permission to link to this website is given without assumption of any liability. We reserve the right to withdraw permission granted to link to this website at any time and for any reason.

41. Use of the sites or pages linked to is accordingly exclusively at the risk of the user.

42. The express permission in writing of the website owner, which may be subject to conditions, is required before this website, any of its pages and/or any of the information contained on this website is framed. Requests for permission can be submitted by emailing info@qorusdocs.com

43. While the use of web crawlers and search software is permitted on this website, the website owner reserves the right to restrict the use of web crawlers in whole or in part as it sees fit. You may not save the whole or any part of the source code of this website nor may a person use any technology or application that extracts the source code of the website and saves this information.

44. The user of electronic agents to harvest personal information from the website owner is strictly prohibited.

Termination of this agreement

45. The website owner reserves the right, in its sole and absolute discretion and without prior notification, to terminate the provision of this website and/or to terminate the access rights of any user where, for example and without limitation:

 a. The website owner regards the action or inaction of a user to constitute a breach of these terms of use;

 b. The web site owner regards the action or inaction of a user to constitute abuse of the services offered through this website;

 c. Events beyond the reasonable control of the website owner, including technical failures, prevent the continuing provision of the website.

What law governs this Agreement?

46. Subject to the dispute resolution provisions below, the user hereby agrees that the law applicable to these terms of use, their interpretation and any matter or litigation in connection therewith or arising from them will be the law of South Africa.

47. This website is owned, hosted and maintained within the Republic of South Africa.

48. When using this website and agreeing to these terms of use such use and agreement is deemed to have taken place and concluded in Cape Town, South Africa.

49. Users of this website are encouraged to familiarise themselves with the South African law relating to electronic communications and transactions as contained in the Electronic Communications and Transactions Act 25 of 2002.

Dispute resolution

50. By accessing this website you acknowledge and agree that in the event of any dispute or purported dispute arising out of use or inability to use this website, or on any matter provided for in, or arising out of this agreement, such dispute shall be submitted to www.trustenforce.org and decided by online mediation or arbitration.

51. Any dispute arising out of or in connection with these terms of use including any question regarding its existence, validity or termination, shall be settled by the online dispute resolution process in accordance with the TrustEnforce.org Mediation and Arbitration rules, which rules are deemed to be incorporated by reference into this clause.

52. Where the dispute has arisen in South Africa between parties in South Africa the place of the arbitration is deemed to be Cape Town and the arbitration will be governed by these rules and by the arbitration law of South Africa and the dispute will be resolved in accordance with the law of South Africa.

53. Where the dispute has arisen between parties in different countries the arbitration is deemed to be an international arbitration,  the place of the arbitration is deemed to be South Africa and the arbitration will be governed by the TrustEnforce.org mediation and arbitration rules and by the arbitration law of South Africa, which has adopted the UNCITRAL Model Law on International Commercial Arbitration. In the case of an international arbitration the dispute will be resolved in accordance with the United Nations Convention on Contracts for the International Sale of Goods (1980)(if concerned with the sale of goods)and the UNIDROIT Principles of International Commercial Contracts (1994), supplemented where necessary by the CENTRAL List of Lex Mercatoria principles, rules and standards.

54. The language used during the dispute resolution process will be English.

55. Further information on Trustenforce.org is available from www.trustenforce.org.

Amendment of these terms of use

56. Please note that, due to legal and other developments, we may be required to amend these terms of use from time to time. Please refer to the last revision date at the foot of this page.

57. Qorus Software reserves the right to change these terms of use at any time by posting changes online. You are responsible for reviewing regularly information posted online to obtain timely notice of such changes. Your continued use of this website after changes are posted constitutes your acceptance of this agreement as modified by the posted changes.

Enforceability of these terms of use & waivers

58. Users may not cede, sub-license or otherwise transfer any rights they may have under these terms of use or which may otherwise have been obtained through the use of this website.

59. Any failure by the website owner to exercise or enforce any right or provision of these terms of use shall in no way constitute a waiver of such right or provision.

60. In the event of any part of these terms of use being found to be partially or fully unenforceable, for whatever reason, this shall not effect the application or enforceability of the remainder of this agreement.

61. These terms of use contain the record of the entire agreement between the user and the website owner.

62. Failure to enforce any provision of these terms of use shall not be deemed a waiver of such provision nor of the right to enforce such provision.

63. If there is any conflict between these terms of use and rules and/or specific terms of use appearing on this website relating to specific material then the latter shall prevail.

Owner information & required disclosures under section 43 of the ECT Act

Full name, registration number and legal status of website owner: Qorus Software (Pty) Ltd (registration number 2013/131601/07), a limited liability private company incorporated in the Republic of South Africa

Physical Address where the website owner will receive legal service of documents: 2nd Floor Corporate Place, 13 Mispel Road, Bellville, 7535, South Africa.

Date of Last Review

31 July 2015