Terms and Conditions

EMPACT GROUP (Pty) Ltd
WEBSITE PRIVACY, COOKIE POLICY, PAIA MANUAL,
TERMS AND CONDITIONS

Website Privacy Policy
This website is owned and operated by Empact Group and will be referred to as “We”, “our” and “us” in this Internet Privacy Policy. By using this site, you agree to the Internet Privacy Policy of this website (“the website”), which is set out on this website page. The Internet Privacy Policy relates to the collection and use of personal information you may supply to us through your conduct on the website.

We reserve the right, at our discretion, to modify or remove portions of this Internet Privacy Policy at any time. This Internet Privacy Policy is in addition to any other terms and conditions applicable to the website. We do not make any representations about third-party websites that may be linked to the website.

We recognise the importance of protecting the privacy of information collected about visitors to our website, in particular information that is capable of identifying an individual (“personal information”). This Internet Privacy Policy governs the manner in which your personal information, obtained through the website, will be dealt with. This Internet Privacy Policy should be reviewed periodically so that you are updated on any changes. We welcome your comments and feedback.

Personal Information
1. Personal information about visitors to our site is collected only when knowingly and voluntarily submitted. For example, we may need to collect such information to provide you with further services or to answer or forward any requests or enquiries. It is our intention that this policy will protect your personal information from being dealt with in any way that is inconsistent with applicable privacy laws in South Africa.
Use of Information
2. Personal information that visitors submit to our site is used only for the purpose for which it is submitted or for such other secondary purposes that are related to the primary purpose unless we disclose other uses in this Internet Privacy Policy or at the time of collection. Copies of correspondence sent from the website, that may contain personal information, are stored as archives for record-keeping and back-up purposes only.
Collecting information on Registered members
3. As part of registering with us, we collect personal information about you in order for you to take full advantage of our services. To do this it may be necessary for you to provide additional information to us as detailed below.
4. Registration
Registration is completely optional. Registration may include submitting your name, email address, address, telephone numbers, option on receiving updates and promotional material and other information. You may access this information at any time by logging in and going to your account.
Credit Card Details
5. Credit Card details are only stored for the processing of the payment and will be deleted once payment is processed.
Disclosure
6. Apart from where you have consented or disclosure is necessary to achieve the purpose for which it was submitted, personal information may be disclosed in special situations where we have reason to believe that doing so is necessary to identify, contact or bring legal action against anyone damaging, injuring, or interfering (intentionally or unintentionally) with our rights or property, users, or anyone else who could be harmed by such activities. Also, we may disclose personal information when we believe in good faith that the law requires disclosure.
7. We may engage third parties to provide you with goods or services on our behalf. In that circumstance, we may disclose your personal information to those third parties in order to meet your request for goods or services.
Security
8. We strive to ensure the security, integrity and privacy of personal information submitted to our sites, and we review and update our security measures in light of current technologies. Unfortunately, no data transmission over the Internet can be guaranteed to be totally secure.
9. However, we will endeavour to take all reasonable steps to protect the personal information you may transmit to us or from our online products and services. Once we do receive your transmission, we will also make our best efforts to ensure its security on our systems.
10. In addition, our employees and the contractors who provide services related to our information systems are obliged to respect the confidentiality of any personal information held by us. However, we will not be held responsible for events arising from unauthorised access to your personal information.
Collecting Information for Users
11. IP Addresses
Our web servers gather your IP address to assist with the diagnosis of problems or support issues with our services. Again, information is gathered in aggregate only and cannot be traced to an individual user.
12. Cookies and Applets
We use cookies to provide you with a better experience. These cookies and Applets allow us to increase your security by storing your session ID and are a way of monitoring single user access.
This aggregate, non-personal information is collated and provided to us to assist in analysing the usage of the site.
General Data Protection Regulation
13. We ensure we manage any data we collect from you in accordance with the GDPR where applicable.
Access to Information
14. We will endeavour to take all reasonable steps to keep secure any information which we hold about you and to keep this information accurate and up to date. If at any time, you discover that information held about you is incorrect, you may contact us to have the information corrected.
15. In addition, our employees and the contractors who provide services related to our information systems are obliged to respect the confidentiality of any personal information held by us.
Links to other sites
16. We provide links to Websites outside of our websites, as well as to third-party Websites. These linked sites are not under our control, and we cannot accept responsibility for the conduct of companies linked to our website. Before disclosing your personal information on any other website, we advise you to examine the terms and conditions of using that Website and its privacy statement.
Problems or questions
17. If we become aware of any ongoing concerns or problems with our websites, we will take these issues seriously and work to address these concerns. If you have any further queries relating to our Privacy Policy, or you have a problem or complaint, please contact us.
Re-marketing
18. We may use remarketing from time to time. This involves Google or some other supplier placing a tag or marker on your website in order to be able to serve to you an advert for our products/services when you visit some other website.
19. “Remarketing” is the process whereby a visitor to your site is tagged and that tag picked up by Google or some other re-marketing service provider when your visitor goes to some other site that you have decided may be relevant to yours. If you are not immediately familiar with re-marketing, you should delete the provision. If you do use re-marketing, you should choose your words carefully in how you describe what may be regarded as an intrusive practice. More information is at https://policies.google.com/privacy

Cookie Policy

Welcome to our cookie policy. This policy works alongside our Privacy Policy. The purpose of this policy is to describe what cookies are, what we use them for, and how you can manage them during your visit to or use of our website.

What are cookies?
We may place small text files called ‘cookies’ on your device when you visit our website. These files do not contain personal data, but they do contain a personal identifier allowing us to associate your personal data with a certain device. Many websites use cookies and you can find out more about them at All About Cookies.

Why do we use cookies?
These files serve a number of useful purposes for you, including:
• granting you access to restricted content;
• tailoring our website’s functionality to you personally by letting us remember your preferences, location or device type;
• improving how our website performs;
• understanding who our audience is so that we can provide content most relevant to you;
• allowing third parties to provide services to our website; and
• helping us deliver interest-based advertising where appropriate in compliance with the applicable laws.

The types of cookies we use
We use different types of cookies on our website. Some of these cookies are placed by us, while others are placed by our third-party plug-ins, suppliers or advertisers. These cookies may be deleted from your device at different times, such as at the end of your browsing session (when you leave the website) or after a pre-set amount of time, or they may persist on your device until you delete them.

We use the following types of cookies on our website:
• essential cookies – these are cookies that allow our website to perform its essential functions. Without these cookies, some parts of our websites would stop working.
• site analytics cookies – these are cookies that monitor how our website is performing, and how you interact with it. We use them to know how best to improve our website or services.
• functional cookies – these are cookies that remember who you are as a user of our website. We use them to remember any preferences you may have selected on our website, like saving your username and password or settings.

Our cookies
You can see the cookies we use in the following table:
Cookie type Cookie function
Essential Allows our website to perform its essential functions. Without these cookies, some parts of our websites would stop working.
Site Analytics Monitors how our website is performing, and how you interact with it. We use them to know how best to improve our website or services.
Functional Remembers who you are as a user of our website. We use them to remember any preferences you may have selected on our website, like saving your username and password or settings.

Deleting cookies
Your internet browser generally accepts cookies automatically, but you can often change this setting to stop accepting them. You can also delete cookies manually. You can read how to do this at Digital Trends.
Deleting or no longer accepting cookies may prevent you from accessing certain aspects of our website where cookies are necessary or because the website forgot your preferences.

Updates to this policy
We may occasionally make changes to this policy. When we make material changes to this policy, we will provide you with a prominent notice on our website or send you an email. We may notify you in advance.

PAIA Manual and Cookie Acceptance.
To request the PAIA Manual please email: legal@empactgroup.co.za.

Website Terms of Use

Introduction

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

License to use website

Unless otherwise stated, Empact Group (Pty) Ltd and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

• republish material from this website (including republication on another website);
• sell, rent or sub-license material from the website;
• show any material from the website in public;
• reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
• edit or otherwise modify any material on the website; or
• redistribute material from this website except for content specifically and expressly made available for redistribution.

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Empact Group’s express written consent.

You must not use this website to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without Empact Group’s express written consent.

Restricted access

Empact Group (Pty) Ltd reserves the right to restrict access to areas of this website, or indeed this entire website, at Empact Group’s discretion.

If Empact Group (Pty) Ltd provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.

Empact Group (Pty) Ltd may disable your user ID and password at Empact Group’s sole discretion without notice or explanation.

User content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

You grant to Empact Group (Pty) Ltd a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Empact Group (Pty) Ltd the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content 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 Empact Group (Pty) Ltd or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

Empact Group (Pty) Ltd reserves the right to edit or remove any material submitted to this website, or stored on Empact Group’s servers, or hosted or published upon this website.

Notwithstanding Empact Group’s rights under these terms and conditions in relation to user content, Empact Group (Pty) Ltd does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

No warranties

This website is provided “as is” without any representations or warranties, express or implied. Empact Group (Pty) Ltd makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, Empact Group (Pty) Ltd does not warrant that:

• this website will be constantly available, or available at all; or
• the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind. [If you require advice in relation to any [legal, financial or medical] matter you should consult an appropriate professional.]

Limitations of liability

Empact Group (Pty) Ltd will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

• to the extent that the website is provided free-of-charge, for any direct loss;
• for any indirect, special or consequential loss; or
• for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if Empact Group (Pty) Ltd has been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Empact Group’s liability in respect of any:

• death or personal injury caused by Empact Group’s negligence;
• fraud or fraudulent misrepresentation on the part of Empact Group (Pty) Ltd ; or
• matter which it would be illegal or unlawful for Empact Group (Pty) Ltd to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

Other parties

You accept that, as a limited liability entity, Empact Group (Pty) Ltd has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Empact Group’s officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Empact Group’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Empact Group (Pty) Ltd.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify Empact Group (Pty) Ltd and undertake to keep Empact Group (Pty) Ltd indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Empact Group (Pty) Ltd to a third party in settlement of a claim or dispute on the advice of Empact Group’s legal advisers) incurred or suffered by Empact Group (Pty) Ltd arising out of any breach by you of any provision of these terms and conditions[, or arising out of any claim that you have breached any provision of these terms and conditions].

Breaches of these terms and conditions

Without prejudice to Empact Group’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Empact Group (Pty) Ltd may take such action as Empact Group (Pty) Ltd deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

Empact Group (Pty) Ltd may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

Assignment

Empact Group (Pty) Ltd may transfer sub-contract or otherwise deal with Empact Group’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions constitute the entire agreement between you and Empact Group (Pty) Ltd in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with South African law, and any disputes relating to these terms and conditions will be subject to the [non-]exclusive jurisdiction of the courts of South Africa.

Registrations and authorisations

Empact Group (Pty) Ltd is registered with CIPC. You can find the online version of the register at www.cipc.co.za. Empact Group’s registration number is 1989/005005/07

Empact Group (Pty) Ltd details

You can contact Empact Group (Pty) Ltd by email at legal@empactgroup.co.za