CRPT SECURE SUBSCRIPTION AGREEMENT:
TERMS AND CONDITIONS of the agreement entered with
CRPT Secure SA (Proprietary) Limited (2021/813296/07)
1.1. This document sets out the CRPT Secure SA (Proprietary) Limited (“CRPT”) terms and conditions (“Terms”) pertaining to the access of and use of the services described on this website: www.CRPT.co.za and www.CRPTSECURE.com (“Site”).
1.2. Should you (“you” and/or “user”: which shall mean any person that accesses the Site) disagree with any of the Terms, you must refrain from accessing the Site and/or using CRPT’s services.
1.3. The user is that person who has identified him/herself by completing the Application Form which is available on the Site and which is incorporated into this agreement by way of reference.
1.4. CRPT reserves the right, in its sole discretion, to amend and/or replace any of, or the whole of, the Terms. Such amendments shall supersede and replace any previous Terms and shall be made available on the Site. Each time a user accesses the Site and/or uses the services, the user shall be deemed to have consented, by such access and/or use, to the Terms, as amended and/or replaced by CRPT from time to time.
1.5. In the event of a dispute as to the content of the Terms at any time, a certificate signed by the administrator responsible for maintaining the Site shall be prima facie proof of the date of publication and content of the current version and all previous versions of the Terms.
1.6. This agreement shall become effective on the date and time that CRPT notifies the prospective user of acceptance of use after the user having previously completed the Application Form and Debit Order Consent and submitted same to CRPT using the Site.
1.7. Unless when otherwise prior agreed, in writing, by CRPT, only the user may use the Service and submit requests for information or other from CRPT.
1.8. An email request or correspondence received from the user utilising the email address/es provided by the user in the Application Form shall be deemed to have been sent by the user and CRPT shall be under no obligation or duty to perform any further verification, due diligence or security checks to verify the identity of the sender of any such email.
1.9. The address/es nominated by the user in the Application Form shall be deemed by CRPT to be valid and accurate and any delivery of any document to such address shall be deemed to have been delivered to the user.
The user may, subject to these Terms and any further agreement and/or terms and conditions regulating the relationship between the user and CRPT, subscribe to the Service made available by CRPT via the Site, which is a CRPTO CURRENCY SECURITY CODE secure storage and retrieval service (the “Service”), and any other services as may be made available by CRPT on the Site, from time to time, and to which the user may subscribe to, which are subject to and protected by the terms and conditions as contained in these Terms.
3. Service Subscription
Subject to any further terms and conditions that may be imposed from time to time, and in return for payment of the fees described in the Fee Schedule by CRPT, it shall provide the user, subject to these Terms, a personal, non-exclusive, non-transferable, limited, and revocable right to use of the Service. The user may only exercise this right for personal, non-commercial and information purposes only.
4. Term, Payment, Pricing
4.1. A user who accesses and utilises the Service shall pay CRPT the set fee(s) applicable to the Service selected by that user as posted on the Site at the time of the transaction. If paying by credit card, the user hereby:
4.1.1. irrevocably authorises CRPT to deduct the set fee from the credit card account submitted by the user to CRPT; and
4.1.2. warrants that the credit card account submitted by it is that of the user and/or that the user has the authority to utilise the credit card in respect of the credit card account and for the purposes of making payment of the set fee.
4.2. A user who chooses to pay by way of monthly payments (“subscription user” and/or “subscriber”) shall pay CRPT the set fee(s) applicable for the Services as posted on the Site at the time of commencing the subscription, subject to clause 4.3.7 below. The user shall pay the set fee(s) to CRPT for the usage term for an initial period of 12 (twelve) consecutive calendar months, commencing on the Effective Date (“the Initial Period”).
4.3. The subscription user hereby irrevocably authorises CRPT to effect and present a debit order to its banker for the monthly licence fee and, in authorising this debit order, the following terms and conditions are agreed:
4.3.1. The Terms shall be deemed to have been incorporated into the Debit Order Authorisation Form, which the subscriber must complete at the commencement of the subscription. In the event of a conflict between these Terms and the Debit Order Authorisation, the Debit Order Authorisation shall prevail.
4.3.2. These Terms and the completed Debit Order Authorisation Form (collectively, the “Agreement”) shall constitute the whole agreement between CRPT and the subscription user.
4.3.3. All withdrawals from the bank account (as initiated and authorised through the Debit Order Authorisation) by CRPT shall be treated as though they have been signed by the subscriber personally. The subscriber understands that the withdrawals will be processed electronically and also understands that details of each withdrawal will be printed on the subscriber’s bank statement or on an accompanying voucher.
4.3.4. The subscription user agrees to pay CRPT the monthly subscription fee as indicated in the Debit Order Authorisation Form each month of the subscription period, VAT inclusive, (collectively, the “Monthly Amount”) by means of a debit order in favour of CRPT. The debit order shall commence in the calendar month of the Effective Date, or as soon as possible thereafter, and shall be processed in the first week of each calendar month of the subscription period.
4.3.5. The Agreement between the subscription user and CRPT shall endure for the Initial Period, or Renewed Period provided that a subscription user is required to supply CRPT with the standard full calendar months’ notice of termination (“Notice to Terminate”), but, only during the last month ie: the 12th month of every 12-month term cycle of the Agreement if Clause 4.3.7 is applicable for any automatic renewal. Should the Notice to Terminate be delivered to CRPT prior to the expiry of any one 12-month term cycle, then, the user shall notwithstanding the Notice to Terminate, remain liable for the monthly fees for each unexpired month of that 12-month term cycle, whether the Initial Period, or any automatically renewed period as described in Clause 4.3.7 below. Similarly, a user that may have paid in advance for any 12-month term by way of a lump sum payment shall not be entitled to any refund of such funds or portions thereof arising from any unexpired term of any 12-month cycle.
4.3.5. The subscription user is required to honour the monthly debit order that CRPT will present in the first week of each calendar month. Should the debit order be refused for any reason whatsoever, CRPT will run a second debit order in the third week of that month. Should that debit order also be unsuccessful, the subscription user Service will be deactivated until full payment is received.
4.3.6. Where a subscription user’s debit order is refused during two consecutive months, the subscription user’s subscription will be deactivated and will only be reactivated upon payment of a R200,00 (one hundred rand) processing admin fee (together with any arrears amounts owing).
4.3.7. Should the Consumer Protection Act 38 of 2008 (“CPA”) not apply to these Terms and Conditions, on expiry of the Initial period or any subsequent period, this Agreement will automatically renew for a period equal to the Initial Period and at the applicable monthly subscription fee in force at the time for new subscribers (i.e. subject to any escalation that may have been introduced subsequent to conclusion of the Initial Period or any subsequent period). Whilst the Agreement remains in force, the subscriber shall continue to pay the Monthly Amount, subject to any escalation as aforementioned.
4.3.8 Should the CPA apply to this Agreement, prior to the expiry of the Initial Period, CRPT shall notify the subscriber of the pending expiry of the Agreement and that on the expiry of the Agreement, it will be automatically continued on a month-to-month basis at the applicable monthly subscription fee in force each month for new subscribers (i.e. subject to any escalations). The subscriber may direct CRPT to terminate the Agreement on the expiry date or renew the Agreement for a further fixed term.
4.3.9. The subscriber will be liable for any transaction fees incurred for the processing of any transactions linked to the subscriber’s usage of the Service through the Site, and the debit order payments in respect thereof, which includes any rejection, submission and resubmission fees.
4.3.10. The subscriber must, in writing, advise CRPT of any material changes to its particulars, including but not limited to, of address, marital regime, account details or change in ownership of the company and or its director/members where the subscription user is a legal entity. If no change is noted, then all deliveries to the subscriber’s previous address as captured by CRPT, will be deemed to have been accepted and charged for as per the subscription.
4.4. Where a user does not normally do business in South African Rands, the exchange rate applicable to any amount due by the user to CRPT shall be the exchange rate between those two currencies on the date on which the amount becomes due.
4.5. CRPT shall not be obliged to refund a user’s fee(s) for any reason whatsoever.
4.6. CRPT reserves the right to change and amend the prices and rates quoted on this Site at any time and from time to time without notice.
4.7. CRPT shall be entitled to increase the Service Fees on the first month after the expiry of any 12-month subscription cycle, which increase shall be based upon the prevailing published Consumer Price Index and/or fluctuations in the relevant foreign exchange currency rates.
4.8. Any additional amounts (“Additional Fees”) due by a user and arising from the Service, as set forth in the Fee Schedule, such as a Retrieval Fee or Code Reprint (“Additional Service”) shall be included in the debit order authorisation for the first month following the Additional Fee having been charged by CRPT, in the case of a subscription user. If not, a subscription user CRPT may request prior payment of the full amount of any Additional Fee prior to providing the Additional Service.
5. Delivery policy
5.1. All documents delivered to the address specified by the user on the Application Form, or the last address supplied to CRPT by the user, shall be deemed to have been received by the user at the moment of physical delivery of the document to that address, and not necessarily to the user personally. CRPT shall not be responsible nor liable for any miscommunications or a failure to communicate by either the Courier or delivery company and/or the user. The user shall be solely responsible for providing proper and accurate delivery instructions to CRPT and/or the Courier.
5.2. The user hereby instructs and authorises CRPT, unless otherwise instructed by the user and agreed by CRPT, to use and procure the services of delivery or courier services (the “Courier”) at its sole and unfettered discretion, for purposes of the delivery of all documents to the user by CRPT. In appointing the Courier CRPT acts on the instructions of the user in doing so and the Courier acts as a non-exclusive contractor of the user.
5.3. It shall be the sole responsibility of the user to directly provide the Courier with any specific delivery instructions, times or manner of delivery.
6. Registering, Access to Site, Password, Username and Privacy
6.1. Prior to making use of the services available on the Site, you are required to provide CRPT with personal information which may include without limitation, your name, email address, physical address and age. The user must ensure that all the details provided are true and correct. CRPT shall not be liable for any expenses, costs or damages incurred as a result of incorrect details. CRPT assures its users that it respects your privacy and is committed to safeguarding your privacy online. CRPT shall take all reasonable steps to protect the personal information of users and is committed to acting in accordance with legislative and regulatory requirements at all times.
6.2. Once you have registered, you shall be provided with a username and password, as allocated to you by CRPT. Such username and password shall be used to access the various protected areas of the Site, which are exclusive to the users of CRPT. By accessing the Site, you warrant and represent to CRPT that you are legally entitled to use the services. Any person below the age of 18 (eighteen) years may not use the services and must be assisted by their legal guardian when reading and entering into these Terms.
6.3. On registering as a user, you agree and warrant that your username and password shall be used for your personal use only and shall not be disclosed to any third party. You shall accordingly assume full responsibility for all activities on the Site undertaken through use of your username and password, which includes all costs associated with your account. In the event of any third party acquiring or having unauthorised use of your username or password, you shall notify CRPT immediately. You shall thereafter refrain from making use of the Site’s services until such time that a new username and password has been allocated to you by CRPT.
6.4. While registering for and/or using the Site, information about you may be either collected by us or provided by you, such as without limitation your name and surname, birth date, gender, country of residence, closest city, address, non-personal browsing habits and click patterns, email address and IP address. CRPT may use this information to greet you when you log into the Site, inform you of facts relating to your access and use of the Site, provide you with periodic information regarding our products and services and/or competitions and special offers from CRPT, its partners or affiliates, and to compile non-personal statistical information about browsing habits, click-patterns and access to the Site. This information is collected either electronically by using cookies or is provided voluntarily by the user. Users may determine cookie use independently through their browser settings and further, users may elect not to receive any communications from CRPT, its partners or affiliates.
6.5. You may request that CRPT cease sending you any information or request that your personal information be removed from our database or mailing list at any time by emailing info@CRPT.co.za. You may also update, correct or confirm your personal information by emailing this email address. Further, you may view your personal information that we hold, and correct it if necessary, on written request to CRPT at any time.
6.6. Additionally, you may request access to any of your personal information that is held by CRPT. The Promotion of Access to Information Act and the Electronic Communications and Transactions Act (“ECT Act”) regulate how such a request should be made and under what circumstances such access may be refused.
6.7. CRPT owns and retains all rights to non-personal statistical information collected and compiled by CRPT.
6.8. CRPT may collect, maintain, save, compile, share, disclose any information collected from users, subject to the following provisions:
6.8.1. CRPT shall not disclose any personal information to anyone except as provided for in these Terms;
6.8.2. CRPT may compile, use and share any information that does not relate to any specific individual;
6.8.3. CRPT may disclose personal information to CRPT employees or agents who require such information to carry out their duties;
6.8.4. CRPT shall disclose personal information where the law requires it to disclose such personal information. In all other situations, except in the case of the sale of CRPT or its associated services or website(s), CRPT shall not disclose your personal information without giving you prior notice thereof and an opportunity to give your consent thereto.
6.10. The user has been assigned the rights to effect changes will include the right to amend the Subscription Contract. CRPT will not be held responsible or liable for any changes made by the user on each subscription account.
It is expressly recorded and agreed that any service available on this Site, or information gathered from this Site, is not intended to constitute legal, financial, accounting, tax, investment, consulting or other professional advice or service. Before making any such decision, please ensure that you seek advice from a qualified professional advisor.
8. Content of the Site / Site Usage
8.1. CRPT reserves the right to make improvements, to change or to discontinue, without notice, any aspect or feature of the Site and any information or content on the Site.
8.2. CRPT reserves the right to change and amend the prices and rates quoted on this Site at any time and from time to time without notice.
8.3. CRPT may use the services of other organisations to provide information on the Site. CRPT has no control over this information and makes no representations or warranties of any nature as to its accuracy, appropriateness or correctness. The user agrees that such information is provided “as is” and that CRPT and its online partners shall not be liable for any losses or damages that may arise from the user’s reliance on it, howsoever these may arise.
8.4. CRPT makes no representations or warranties, whether express or implied, as to the accuracy, completeness or reliability of any information, data and/or content on the Site, including without limitation:
8.4.1. CRPT does not warrant that the Site or information or downloads shall be error-free or that they shall meet any particular criteria of performance or quality. CRPT expressly disclaims all implied warranties, including without limitation, fitness for a particular purpose, non-infringement, compatibility, security and accuracy;
8.4.2. Whilst CRPT has taken reasonable measures to ensure the integrity of this Site and its contents, no warranty, whether express or implied, is given that any files, downloads or applications available via this Site are free of viruses, Trojans, time bombs, time-locks or any other data or code which has the ability to corrupt, damage or affect the operation of the user’s system; and
8.4.3. CRPT disclaims any responsibility for the verification of any claims. Information published on this Site may be done so in the format in which CRPT receives it and statements from external parties are accepted as fact.
9. Linked Third Party Website and Third-Party Content
9.1. CRPT may provide links to third party sites on the Site. These links are provided to the user for convenience purposes only and CRPT does not endorse, nor does the inclusion of any link imply CRPT’ s endorsement of, such sites, their owners, licensees or administrators or such sites‟ content or security practices and operations.
9.2. While CRPT tries to provide links only to reputable sites or online partners, CRPT cannot accept responsibility or liability for the information provided on other sites. Linked websites or pages are not under, nor subject to, the control of CRPT. CRPT is not responsible for and gives no warranties or makes any representations in respect of the privacy policies or practices of linked or any third party or advertised websites on the Site.
9.3. You agree that CRPT shall not be held liable, directly or indirectly, in any way for the content, the use or inability to use or access to any linked website or any link(s) contained in a linked website, nor for any loss or damage of any sort incurred as a result of any dealings with, or as the result of the presence of such third party linked websites on the Site. Any dealings you have with any linked websites, including advertisers, found on the Site are solely between you and the third-party site.
10. Linking and Framing
10.1. Without the prior written approval of CRPT (which approval, or conditional approval, may be withheld in CRPT’s sole discretion), no user may establish a hyperlink, frame, metatag or similar reference, whether electronically or otherwise (collectively “linking”), to this Site or any subsidiary pages.
10.2. An application for linking must be submitted to CRPT at info@CRPT.co.za. CRPT shall take reasonable steps to respond and enter into further discussions with the user regarding the application. If no written response is received from CRPT within 7 (seven) days, the request shall be deemed to be rejected.
11. Usage Restrictions
The user hereby agrees that it shall not itself, nor through a third party:
11.1. copy (other than for backup, archival or disaster recovery purposes), reproduce, translate, adapt, vary, modify, lease, licence, sub-licence, encumber or in any other way deal with any portion of the Site and/or the Service for any reason and in any manner, unless it is consistent with the intent and purpose of these Terms;
11.2. decompile, disassemble or reverse engineer any portion of the Site;
11.3. collect service listings, descriptions or other information displayed on the Site;
11.4. write and/or develop any derivative of the Site or any other software program based on the Site;
11.5. modify or enhance the Site. In the event of a user effecting any modifications or enhancements to the Site in breach of this clause, such modifications and enhancements shall be the property of CRPT;
11.6. without CRPT’s prior written consent, provide, disclose, divulge or make available to or permit the use of or give access to the Site by persons other than the user;
11.7. remove any identification, trademark, copyright or other notices from the Site; and
11.8. notwithstanding anything contained to the contrary in these Terms, use the Site for any purpose other than the interpretation of information contained in the Site for personal, non-commercial and information purposes only.
12.1. In order to ensure the security and reliable operation of the services to all CRPT users, CRPT hereby reserves the right to take whatever action it finds necessary to preserve the security, integrity and reliability of its network and back-office applications.
12.2. You may not utilise the services and/or Site in any manner which may compromise the security of CRPT’ s networks or tamper with the services or the Site in any manner whatsoever, which shall include without limitation, gaining or attempting to gain unauthorised access to the Site, or delivering or attempting to deliver any unauthorised, damaging or malicious code to the Site, all of which is expressly prohibited. Any person or entity which does so, or attempts to do so, shall be held criminally liable. Further, should CRPT suffer any damage or loss, civil damages shall be claimed by CRPT against the user.
12.3. Any user who commits any of the offences detailed in Chapter 13 of the ECT Act (specifically sections 85 to 88 (inclusive)) shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by CRPT and its affiliates, agents and/or partners.
13. Credit Card Security
13.1. Virtual Card Services process all credit card transactions. All credit card transactions are 128 bit Secure Socket Layers (SSL) encrypted. The company registration documents and the Site’s registered domain name are checked and verified ensuring the cardholder and merchant that nobody can impersonate VCS to obtain confidential information.
13.2. Virtual Card Services is committed to providing secure online services. All encryption complies with international standards. Encryption is used to protect the transmission of personal information when completing online transactions. Virtual Card Services Internet servers are protected by firewalls and intrusion detection systems.
13.3. The Merchant does not have access to credit details.
13.4. Virtual Card Services continually reviews and enhances its security in line with technological changes.
14. Intellectual Property Rights
14.1. For the purpose of this clause, the following words shall have the following meanings ascribed to them:
14.1.1. “copyright” means whether existing now or in the future, in and to, the software including without limitation, designs and documentation relating thereto;
14.1.2. “intellectual property rights” means all intellectual property of any nature whatsoever owned and/or controlled directly or under licence by CRPT, including without limitation, CRPT’ s rights, title and interest in and to all technology, source code/s, trade secrets, logos, systems, methods, trademarks, trade names, styles, insignia, designs, patents and copyright relating to the software, whether registered or not.
14.2. All copyright and other intellectual property rights in all content, trademarks, software, data, material, including logos, databases, text, graphics, icons, hyperlinks, private information, designs, agreements, and multimedia works, published on or via the Site, are the property of, or are licensed to, CRPT and as such are protected from infringement by local and international legislation and treaties.
14.3. All rights not expressly granted are reserved. The copyright in all content, information and logos vesting in the Site shall continue to vest in CRPT and no right, title or interest in any proprietary material or information contained in this Site is granted to you.
14.4. Except with CRPT’s express written permission, no logo, graphic, sound or image from this Site may be copied or retransmitted.
14.5. Irrespective of the existence of copyright, the user acknowledges that CRPT is the proprietor of all material on the Site (except where a third party is indicated as the proprietor), whether it constitutes confidential information or not, and that the user has no right, title or interest in any such material.
15. Risk, Limitation of Liability and Indemnity
15.1. The user’s use of this site and the information contained on the site is entirely at the user’s own risk and the user assumes full responsibility and risk of loss resulting from the use thereof.
15.2. The transmission of information via the internet, including without limitation email, is susceptible to monitoring and interception. The user bears all risk of transmitting information in this manner. Under no circumstances shall CRPT be liable for any loss, harm, or damage suffered by the user as a result thereof. CRPT reserves the right to request independent verification of any information transmitted via email and the user consents to such verification should CRPT deem it necessary.
15.3. To the extent permissible by law:
15.3.1. Neither CRPT, its affiliates, shareholders, agents, consultants or employees shall be liable for any damages whatsoever, including without limitation any direct, indirect, special, incidental, consequential or punitive damages, howsoever arising (whether in an action arising out of contract, statute, delict or otherwise) related to the use of, or the inability to access or use the content of the site or any functionality thereof, or the information contained on the site, or of any linked website, even if CRPT knows or should reasonably have known or is expressly advised thereof.
15.3.2. The liability of CRPT for faulty execution of the Site as well as all damages suffered by the user, whether direct or indirect, as a result of the malfunctioning of the Site shall be limited to CRPT rectifying the malfunction, within a reasonable time and free of charge, provided that CRPT is notified immediately of the damage or faulty execution of the site. This liability shall fall away and be expressly excluded if the user attempts to correct or allows third parties to correct or attempt to correct the site without the prior written approval of CRPT. However, in no event shall CRPT be liable to the user for loss of profits or for special, incidental, consequential or punitive losses or damages arising out of or in connection with the site or its use or the delivery, installation, servicing, performance or use of it in combination with other computer software.
15.3.3. You hereby unconditionally and irrevocably indemnify CRPT and agree to hold CRPT free from all loss, damages, claims and/or costs, of whatsoever nature suffered or incurred by CRPT or instituted against CRPT as a direct or indirect result of:
126.96.36.199. Your use of the Site and Service;
188.8.131.52. Software, programs and support services supplied by, obtained by or modified by you or any third party without the consent or knowledge of CRPT;
184.108.40.206. Your failure to comply with any of the terms or any other requirements which CRPT may impose from time to time;
220.127.116.11. The actions or requirements of any telecommunications authority or a supplier of telecommunications services or software; or
18.104.22.168. Any unavailability of, or interruption in, the Service which is beyond the control of CRPT.
Unless such loss, damages, claims and/or costs arise as a direct result of the wilful negligence or fraud of CRPT which has been adjudicated as such to conclusion in a Court of law in the Republic of South Africa.
16.1. By subscribing as a CRPT user, you agree that you shall hold in the strictest confidence and not disclose to any third-party information acquired in connection with any aspect of the Services. You shall notify CRPT should you discover any loss or unauthorised disclosure of the information.
16.2. Any information or material sent to CRPT by a user will be deemed to be confidential, unless otherwise agreed in writing by the user and CRPT.
18. Breach; Cancellation by CRPT
18.1. CRPT is entitled without notice, in addition to any other remedy available to it at law or under these Terms, including obtaining an interdict, to cancel these Terms, cancel a user’s CRPT account and/or licence, limit or deny such user use of the Site and Services, or to claim specific performance of any obligation whether or not the due date for performance has arrived, in either event without prejudice to CRPT’ s right to claim damages, should any user:
18.1.1. breach any of these Terms;
18.1.2. in the sole discretion of CRPT, use the Site or the Service in an unauthorised manner; or
18.1.3. infringe any statute, regulation, ordinance or law.
18.1.4 be a sanctioned person.
18.1.5 become insolvent by order of Court.
18.1.6 lose mental capacity, be placed under curatorship, or die.
18.2. Breach of these Terms entitles CRPT to take legal action without prior notice to the user and the user agrees to reimburse the costs associated with such legal action to CRPT on an attorney and own client scale.
19. Compliance with Section 43(1) of ECT Act
In compliance with section 43(1) of the ECT Act, the following is noted:
19.1. Full name: CRPT Secure SA (Proprietary) Limited
19.2. Registration number: (2021/813296/07)
19.3. Physical address:
19.4. Fax number:
19.5. Telephone number:
19.6. Website address:
19.7. e-mail address:
19.8. Names of office bearers:
19.9. Registered at: Pietermaritzburg
You may view a full record of your transactions, as well as update or change information related to your account(s) by accessing your relevant account page on the Site with your username and password.
20. General Compliance with Laws
You shall comply with all applicable laws, statues, ordinances and regulations pertaining to your use of the services and the accessing of this Site.
Except as explicitly stated otherwise, any notices shall be given by email to info@CRPT.co.za (in the case of CRPT) or to the email address you provide to CRPT during the registration process (in your case), or such other address as the party shall specify. Notice shall be deemed given 48 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, CRPT may, at its discertion, give you notice by registered mail, postage prepaid and return receipt requested, to the address provided to CRPT during the registration process. In such case, notice shall be deemed given 7 days after the date of mailing. The user of this Site acknowledges that all agreements, notices or other communication required to be given in terms of the law or these Terms may be given via electronic means and that such communications shall be “in writing”. Notwithstanding anything to the contrary, a written notice or communication actually received by a party shall be an adequate written notice or communication to it, notwithstanding that it was not sent to or delivered at its chosen address/es for that purpose.
22.1. Save in respect of those provisions of these Terms which provide for their own remedies or which would be incompatible with arbitration, in the event of any dispute of any nature whatsoever arising between the parties on any matter provided for in, or arising out of these Terms (other than where an interdict is sought or urgent relief may be obtained from a court of competent jurisdiction), shall be submitted to and decided by arbitration to be held with only the parties. The parties to this Agreement shall pay all costs of arbitration in equal proportions, when required to drive the arbitration process, and the Arbitrator shall be entitled to make an order of costs in his ruling.
22.2. It is the intention that the arbitration shall, where possible, be held and concluded in 21 (twenty-one) days after it has been demanded. The parties shall use their best endeavours to procure the expeditious completion of the arbitration.
22.3. Save as expressly provided in these Terms to the contrary, the arbitration shall be subject to the arbitration legislation for the time being in force in the Republic of South Africa.
22.4. The arbitrator shall be an impartial practising senior counsel advocate of not less than 20 (twenty) years’ standing appointed by the parties or, failing agreement by the parties within 14 (fourteen) days after the arbitration has been demanded, at the request of either of the parties shall be nominated by the President of the Society of Advocates, KZN. If that person fails or refuses to make the nomination, either party may approach the High Court of South Africa to make such an appointment. To the extent necessary, the court is expressly empowered to do so.
22.5. The parties shall keep the evidence in the arbitration proceedings and any order made by any arbitrator confidential unless otherwise contemplated herein.
22.6. The arbitrator shall be obliged to give his award in writing fully supported by reasons.
22.7. The provisions of this clause are severable from the rest of these Terms and shall remain in effect even if these Terms are terminated for any reason.
22.8. The arbitrator shall have the power to give default judgment if any party fails to make submissions on due date and/or fails to appear at the arbitration.
22.9. Each party shall pay their own arbitration costs, which they incur with their own legal advisors in respect of the negotiations, preparation for and conclusion of the arbitration proceedings. Any joint costs, such as those of the arbitrator, shall be born jointly and equally by the parties.
23. Protection of Personal Information Act, 4 of 2013 (POPIA)
23.1. The Operator (CRPT) undertakes that it will:
23.1.1. process Personal Information strictly in accordance with applicable Data Protection Laws;
23.1.2. only process and use the Personal Information in accordance with the authorisation, knowledge, specific instruction and direction from the user.
23.1.3. not disclose, transfer and/or hand over the Personal Information to other third parties unless it is an employee of the Operator who requires access to such Personal Information in order for the Operator to carry out its business activities and obligations.
23.1.4 save for the provisions housed under clause 23.1.4, treat the Personal Information as confidential and not disclose the Personal Information to any other person unless required by law and only once it has provided the Responsible Party with adequate warning of this requirement to disclose and the related details thereof, including the identity of the person who is to receive the Personal Information, the reason for the disclosure and confirmation that the person to whom the Personal Information is to be disclosed to.
23.1.5. continue to have in place appropriate technical and organisational measures to protect and safeguard the Personal Information against accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure or access and which in addition, provides a level of security appropriate to the risk represented by the processing and the nature of the Personal Information to be protected and which safeguards comply with the requirements of the POPIA.
23.1.6. not store, alter, collate, transfer, delete, copy, or interfere with the Personal Information in an unlawful and inconsistent manner.
23.1.7. Immediately notify the user in the event where there are reasonable grounds to believe the Personal Information that was provided, has been lost, damaged, destroyed or accessed by an unauthorised person.
23.1.8. not use the Personal Information for any direct marketing, advertising, research, or statistical purposes, unless explicitly expressed and authorised by the Responsible Party.
23.1.9. process the Personal Information strictly in accordance with POPIA and the POPIA processing conditions.
23.1.10. not treat the Personal Information as its own and expressly acknowledging that it has been tasked with processing and/or storing of Personal Information in its capacity as the Responsible Party’s Operator and agent and that ownership of all the records housing the Personal Information and any record comprising such Personal Information pertaining to the Data Subject, will always remain with the Responsible Party.
23.1.11. not sell or alienate Personal Information or records to any party.
23.1.12. co-operate with any action required to fulfil the demands of the Information Regulator as outlined in POPIA, whether directly by the Information Regulator or indirectly by user.
23.1.13. comply with requests by the user which relates to the rights of the data subject upon receipt of a valid request and approval of such request from a data subject.
23.2. CRPT agrees that this agreement applies to all sub-operators or employees of the CRPT who can access or process the Personal Information and that all relevant procedures are in place to comply with POPI and PAIA.
23.3. CRPT warrants that it has the legal capacity and authority to give the above-mentioned warranties and fulfil the undertakings in this Agreement.
23.4. Any person so permitted under POPIA shall, in order to ascertain compliance, have the right on reasonable notice and during regular business hours, to request confirmation or view the CRPT’s facilities to safeguard Personal Information and assure compliance with the POPIA and PAIA. CRPT undertakes to provide all necessary assistance which may be needed in accordance with this clause.
23.5. CRPT will ensure that all data and Personnel that it is communicated to it, including but not limited to, digital form communication, will be safeguarded against unauthorised parties, using the necessary security procedures as set out in the rules and regulations of the applicable data protection legislation.
23.6. The Parties agree that the termination of the Agreement at any time, and where applicable, in any circumstances and for whatever reason, does not exempt them from the rights and obligations set out under this Agreement with regards to the processing of the Personal Information together with the obligations of POPIA.
23.7. In the event of termination, for whatsoever reason, the CRPT undertakes to return or effectively destroy or de-identify all Personal Information which has been provided to CRPT within 30 days of termination date and to provide confirmation of such actions. If any personal information is required to be retained for legal reasons, CRPT must advise the user and confirm that the information will be kept safe and secure.
23.8. Notwithstanding termination of the Agreement, clauses 23.5, 23.6, 23.7 and 23.8 will not be affected by the termination and will still be effective after termination.
24. General Clauses
24.1. These Terms shall be governed in all respects by the laws of the Republic of South Africa as such laws are applied to agreements entered into and to be performed entirely within South Africa.
24.2. This Site is controlled, operated and administered by CRPT from its offices within the Republic of South Africa. CRPT makes no representation that the content of the Site is appropriate or available for use in other locations or countries. Access to the Website from territories or countries where the content of the Site is illegal is prohibited. Users may not use this Site in violation of South African export laws and regulations. If the user accesses this Site from locations outside of South Africa, that user is responsible for compliance with all local laws.
24.3. CRPT does not guarantee continuous, uninterrupted or secure access to our Site, as operation of our Site may be interfered with as a result of a number of factors which are outside of our control.
24.4. If any provision of these Terms is held to be illegal, invalid or unenforceable for any reason, such provision shall be struck out from these Terms and the remaining provisions shall be enforced.
24.5. CRPT’s failure to act with respect to a breach by you or others does not constitute a waiver of our right to act with respect to subsequent or similar breaches.
24.6. You shall not be entitled to cede your rights or assign your rights or delegate your obligations in terms of these Terms to any third party without the prior written consent of CRPT.
24.7. No party shall be bound by any express or implied term, representation, warranty, promise or the like not recorded herein, whether it induced the contract and/or whether it was negligent or not.
24.8. The rule of construction that a contract shall be interpreted against the party responsible for the drafting or preparation of the contract, shall not apply.
24.9. The head notes to the paragraphs to these Terms are inserted for reference purposes only and shall not affect the interpretation of any of the provisions to which they relate.
24.10. Words importing the singular shall include the plural and vice versa, and words importing the masculine gender shall include females and words importing persons shall include partnerships and corporate and unincorporated entities.
24.11. When any number of days is prescribed in these Terms, same shall be reckoned exclusively of the first and inclusively of the last day unless the last day falls on a Saturday, Sunday or public holiday as officially proclaimed in the Republic of South Africa, in which case the last day shall be the next succeeding day which is not a Saturday, Sunday or public holiday.
24.12. The expiration or termination of these Terms shall not affect such of the provisions of these Terms as expressly provide that they shall operate after any such expiration or termination or which of necessity must continue to have effect after such expiration or termination, notwithstanding that the clauses themselves do not expressly provide for this.
24.13. Where figures are referred to in numerals and in words, if there is any conflict between the two, the words shall prevail.
24.14. Expressions defined in these Terms shall bear the same meanings in schedules or annexures to these Terms which do not themselves contain their own conflicting definitions.
24.15. These Terms set forth the entire understanding and agreement between CRPT and you with respect to the subject matter hereof.