TERMS AND CONDITIONS OF USE
Disclaimer
The rights to this material and contents are reserved by Dott Risk Consultants (Pty) Ltd. No part of the material and contents may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without the prior express permission of Dott Risk Consultants (Pty) Ltd. The information and content in this web-site is intended to provide a general overview and outline of all the subject matter covered and discussed. While all reasonable efforts have been made to make it as comprehensive and current as possible, the taking of decisions should be complemented, where necessary, with professional advice. Dott Risk Consultants (Pty) Ltd has taken all reasonable steps to ensure that the content and ideas are original and where not, this has been acknowledged. Views, opinions and ideas are those of Dott Risk Consultants (Pty) Ltd, all anecdotes used are in the public domain and the confidentiality of parties has been maintained, and no personal opinion or criticism of anyone party has been expressed. All legislation referred to is subject to possible amendment and change and this together with acknowledged external content, does not necessarily reflect the opinion of Dott Risk Consultants (Pty) Ltd.
Dott Risk Consultants (Pty) Ltd specifically disclaim any responsibility for any liability of whatever nature and howsoever arising in respect of any claim, damages, loss or expense, risk, professional or otherwise, which is incurred as a consequence, directly or indirectly, arising out of the use and application or in connection with the reliance by you, or from any action or decision taken or not taken, in respect of the contents and services of this web-site.
Whilst every effort has been made by Dott Risk Consultants (Pty) Ltd, and its suppliers of information, to ensure the proper performance of this web-site, the accuracy of the information/images and the reliability of the binary data on this website, DottRisk, its affiliated companies, suppliers, or any of their employees, do not guarantee the availability of services, content and information offered on this web-site or the accuracy of the information and/or images on this web-site.
GENERAL TERMS AND CONDITIONS OF USE OF THE DOTT RISK WEB-SITE
Welcome to the DottRisk Web-site. Access to, and use of, the information contained in this Website are subject to the terms and conditions listed below and our Privacy Policy. Please read this information carefully. Your use of this Website signifies your agreement to follow and be bound by these terms and conditions.
By using the DottRisk Web-site, you signify your assent to this Privacy Policy. If Dott Risk updates or changes this Privacy Policy, the changes will be made on this page. Your continued use of the DottRisk Web-site following the posting of changes to this Privacy Policy will mean you accept those changes.
The Dottrisk web-site is owned and operated by Dott Risk Consultants (Pty) Ltd, a company registered in the republic of South Africa under company registration number 2014 / 080210 / 07 which has its registered Office at: Block F, Homestead Park, 37 Homestead Road, Rivonia, Sandton, GAUTENG 2196, South Africa.
USE OF THE WEBSITE
You are hereby authorised by DottRisk to view, download, copy and print documents and the graphics incorporated therein (“materials”) from this Website subject to the following restrictions:
- The materials may be used solely by you for your own personal informational, educational or other non-commercial purposes;
- All copies you make must include any copyright or other proprietary notices originally shown or included in the materials;
- You may not modify any of the materials found at this Web-site nor attempt to pass off any materials found at this Web-site as your own;
- You may not use, reproduce or publicly display or perform, or distribute any of the materials within this Web site for any commercial or public purpose, unless DottRisk has given you prior written consent to do so;
- You also may not “mirror” or “frame” any portions of this Web-site in any other environment with out prior written consent from DottRisk.
DottRisk reserves the right to terminate the access of any user in its discretion, including users that do not observe these terms and conditions and who infringe or otherwise violate the rights of others. DottRisk also reserves the right to make changes or updates to this website, the products or programs described in this website, or these terms and conditions at any time without further notice. Your continued use of this website following such changes signifies your acceptance of the revised terms and conditions.
COPYRIGHT
Copyright © 2016 Dott Risk Consultants (Pty) Ltd. All rights reserved
1. INTELLECTUAL PROPERTY RIGHTS
All the content, trademarks and data on this website, including but not limited to, software, databases, tables, text, graphics, check-lists, evaluation tools, icons, hyper-links, private information, designs and agreements are the property of or licensed to DottRisk and as such are protected from infringement by local and international legislation. The compilation of all content on this site is the exclusive property of DottRisk and protected by South African and International copyright laws. All the software used on this site is the property of DottRisk or its software suppliers and is protected by South African and international copyright laws.
Any other use of materials on the DottRisk website, including a reproduction for purposes other than those noted above, modification, distribution or reproduction without the prior written consent of DottRisk and/or the lawful trademark and/or copyright owner (if applicable) is strictly prohibited and constitutes an unlawful infringement of the intellectual property rights of DottRisk and/or such trademark and/or copyright owner.
2. ELECTRONIC COMMUNICATIONS
When a user visits DottRisk, registers as a user or sends e-mails to DottRisk. That user consents to receiving communications and/or content from DottRisk electronically and agrees that all agreements, notices, disclosures and other communications sent by DottRisk satisfies any legal requirements including but not limited to the requirement that such communications should be “in writing”.
3. USER ACCOUNT
If you use this site you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account, log in or password. Dottrisk and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content or cancel delivery of content in their sole discretion.
4. HYPERLINKS
No person, business or website may link to any page on this site without the prior written consent or permission of DottRisk. This clause does not apply to parties that have entered into agreements with DottRisk. Hyperlinks provided on this site to non-DottRisk sites, are provided as is and DottRisk does not necessarily agree with, edit or sponsor the content on such web-site pages.
5. DISCLAIMER
Apart from the provisions of sections 43(5) and 43(6) of the Electronic Communications and Transactions Act, neither DottRisk nor any of its agents or representatives shall be liable for any damage, loss or liability whatsoever nature arising from the use or inability to use this web-site or the services or content provided from and through this website.
While every effort has been made to ensure that the guides and assessments are as comprehensive as possible, many risks are unique and specific to particular businesses or industries. In an environment of increasing volatility,uncertainty, complexity and ambiguity, it is not possible to provide definitive and total solutions to every single risk, scenario, situation or circumstance.
Furthermore, DottRisk makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this website are free from errors or omissions or that the service will be 100% uninterrupted and error free.
Users are encouraged to report any possible malfunctions and errors to DottRisk.
This website is supplied on an “as is” basis and the general content has not been compiled or supplied to meet the user’s Individual requirements. It is the sole responsibility of the user to satisfy itself prior to entering into this agreement with DottRisk that the service available and through this website will meet the user’s individual requirements and be compatible with the user’s hardware and/or software. Information ideas and opinions expressed on this site should not be regarded as professional advice or the official opinion of DottRisk and users are encouraged to consult professional advice before taking any course of action related to information ideas or opinions expressed on this site. Neither DottRisk nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use any content or product sold or made available on this website.
DottRisk and its employees and agents accept no responsibility whatsoever for any damages caused by any means howsoever to any person or property upon the delivery or installation of any services or for any other reason whatsoever.
We do not accept responsibility for time or earnings lost or for any other consequential damages.
6. PAYMENT METHODS
Monthly payments for the respective service modules are required to be paid in advance. DottRisk utilises Paypal for payments and all payments must be made in accordance with the requirements of Paypal.
Until such time as payment is received in full for the respective service options, no services will be provided.
Termination or cessation of the service will be subject to Paypal terms and conditions and not refundable in the normal course.
7. INTELLECTUAL PROPERTY RIGHTS
All the content, trademarks and data on this website, including but not limited to, software, databases, tables, text, graphics, check-lists, evaluation tools, icons, hyper-links, private information, designs and agreements are the property of or licensed to DottRisk and as such are protected from infringement by local and international legislation. The compilation of all content on this site is the exclusive property of DottRisk and protected by South African and International copyright laws. All the software used on this site is the property of DottRisk or its software suppliers and is protected by South African and international copyright laws.
Any other use of materials on the DottRisk web-site, including a reproduction for purposes other than those noted above, modification, distribution or reproduction without the prior written consent of DottRisk and/or the lawful trademark and/or copyright owner (if applicable) is strictly prohibited and constitutes an unlawful infringement of the intellectual property rights of DottRisk and/or such trademark and/or copyright owner.
8. ELECTRONIC COMMUNICATIONS
When a user visits DottRisk, registers as a user or sends e-mails to DottRisk. That user consents to receiving communications and/or content from DottRisk electronically and agrees that all agreements, notices, disclosures and other communications sent by DottRisk satisfies any legal requirements including but not limited to the requirement that such communications should be “in writing”.
9. USER ACCOUNT
If you use this site you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account, log in or password. DottRisk and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content or cancel delivery of content in their sole discretion.
10. HYPERLINKS
No person, business or website may link to any page on this site without the prior written consent or permission of DottRisk. This clause does not apply to parties that have entered into agreements with DottRisk. Hyperlinks provided on this site to non-DottRisk sites, are provided as is and DottRisk does not necessarily agree with, edit or sponsor the content on such web site pages.
11. PERSONAL INFORMATION
In general, you can visit the DottRisk Web-site without telling us who you are or revealing any personal information about yourself or your business. Should you elect to take up membership, we will require certain information from you. Personal information like your name, address and e-mail address is obtained only when voluntarily submitted, such as when you subscribe to membership options, newsletters, respond to user surveys, undertake assessments, register for programs or events. Information that you supply will relate to the customer relationship that DottRisk has with you or your organisation. Our customers’ privacy is important to us.
DottRisk will use your personal information to fulfil membership subscription requests and orders for content and services made on-line and to provide other services you request. We may also use the information you supply to:
- make the web-site easier for you to use by not having to enter information more than once.
- help us customise content most relevant to you.
- Notify you about important news concerning DottRisk, including new products and services, product updates and technical support issues, and special service offerings we think you may be interested in.
In the process of administering our site, we maintain and may track usage through Web server logs. Web server logs provide such information as what types of browsers are accessing our site, what pages receive high traffic, and the times of day our servers experience significant load. We may use this information to improve the content and navigation features of our site. Anonymised or aggregated forms of this data may be used to identify future features and functions to develop for the site and provide better customer service. We do analyse some of our web services, such as Demos and Downloads, at the individual level in order to improve the quality of those offerings and to better tailor our marketing to our customer needs. In general, web analysis data is not used to identify you personally.
If you register for membership or in order to receive newsletters, alerts or invitations, you will be asked to provide your e-mail address, the topics in which you are interested, and other demographic information. Other information may also be necessary depending on the type of newsletter or alert requested. This information is used solely to enable us to provide the requested content, newsletters and alerts to you. Some electronic communications may record anonymous data related to the response. Analysis of this data is solely for the purpose of improving our content and customer service.
You are given the opportunity to ‘opt-out’ of having your information used for purposes not directly related to our site at the point where we ask for the information. For example, we provide an opt-out mechanism if you do not wish to receive unsolicited email marketing materials from us and we will take reasonable steps to honour such email opt-out requests.
DottRisk is concerned about the security of your information. To prevent unauthorised access or disclosure, maintain data accuracy, and ensure the appropriate use of information, we have put in place reasonable physical, electronic, and managerial procedures to safeguard and secure the information we collect online.
12. GOVERNING LAW
This site is hosted, controlled and operated from the Republic of South Africa and therefore governed by South African Law.
13. SECURITY
Any person that delivers or attempts to deliver any damaging code to this website or attempts to gain unauthorized access to any page on this website shall be prosecuted and civil damages shall be claimed in the event that DottRisk suffers any damage or loss. The user agrees and warrants that its log-in name and password shall: be used for personal use only; and not be disclosed to any third party.
The user allows DottRisk to take all reasonable steps to ensure the integrity and security of the DottRisk site and back-office applications.
14. CHANGES TO AGREEMENT
DottRisk may, in its sole discretion, change this agreement or any part thereof at any time without notice.
15. DISPUTES
In the event of any dispute of any nature whatsoever arising between the parties on any matter provided for in, or arising out of this agreement and not resolved through the customer services department of DottRisk then such a dispute shall be submitted to confidential arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa. Arbitration proceedings shall be conducted in Johannesburg in English.
The arbitration rules may be downloaded from:
http://www.arbitration.co.za/downloads/expedited_rules.pdf
16. DOMICILIUM
Dott Risk Consultants (Pty) Ltd and DottRisk choose as their domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature, 7 Sunninghill Office Park, Peltier Dr, Sunninghill, Sandton, 2128, South Africa
17. TERM AND TERMINATION
This agreement shall commence when the user registers on the DottRisk site and continues indefinitely until terminated by DottRisk or the customer.
18. ECT ACT
The Electronic Communications and Transactions Act of 2002 may be downloaded from:
www.info.gov.za/gazette/acts/2002/a25–‐02.pdf
19. INFORMATION
On this website DottRisk provides information about the company generally and for purposes of the ECT Act. The ECT Act states that when DottRisk offers products or services by way of certain electronic transactions it must make the following information about the company available to customers on websites where the products or services are offered:
Full name:
Dott Risk Consultants (Pty) Ltd
Main business:
Provision of risk related content and services
Address for receipt of legal service:
7 Sunninghill Office Park, Peltier Dr, Sunninghill, Sandton, 2128, South Africa
Office bearers:
GW Dott, G Korner
Website: www.dottrisk.co.za