IMPORTANT:
Who you are contracting with:
• www.admineasy.co.za (the "Website") is owned and operated by Menzies Development Solutions CC t/a The Development House, registration number: 2009/156837/2307hereinafter referred to as "TDH").
• Visitors to the Website ("Users" or "you"), including those Users who view any products on the Website are bound by these terms and conditions ("T&C"). If you do not agree to these Terms &Conditions, do not continue to use the Website. Your continued use of the Website will constitute acceptance of the T&C, unmodified by you.
Terms & Conditions: These Terms & Conditions apply to your use of the Website and are divided into various sections as follows:
• Part 1 – Use of AdminEasy– terms and conditions applying to any use from AdminEasy
• Part 2 – Disclaimer. Please take note of the Disclaimer clauses in particular.
PART 1 – REGISTRATION ON ADMINEASY WEBSITE
AdminEasy Use
Digital Content:
All AdminEasy products are in digital content form and use of these products gives you the right to view the relevant digital content or access the relevant digital content from the appropriate location.
In these Terms & Conditions, Digital content refers to AdminEasy software and/or AdminEasy manuals which are in .pdf format. Digital content may also refer to training videos in digital format.
Your access to any Digital Content viewed by you from Admin Easy will be granted via a link to the relevant file that will enable you to download the digital content that you have paid for or to gain access to the digital content via an authorised process provided to you by AdminEasy.
Errors:
Please note that although TDH endeavours to accurately describe and/or depict each product on the Website, some descriptions or photographs may be of a generic nature and not specific to the particular product you wish to buy.
Limits to functionality and usage of Digital Content:
Digital content may not be able to be read on Devices that do not support its digital format, or when the appropriate reader has not been installed. The PDF reader is available at no charge and can be downloaded from http://www.adobe.com/products/reader.html. Training videos are in .flv format and can be viewed from the AdminEasy website or from YouTube at http://www.youtube.com/watch?v=sL_DNcaTbQs
You will need to be connected to the internet when you download selected Digital Content and open it for the first time. AdminEasy training videos Digital Content will always require internet access for subsequent use.
Illegal Use of Digital Content
All Digital Content available on the AdminEasy website is the exclusive property of TDH and is protected by copyright and other intellectual property laws. The download of Digital Content is intended for your personal and non-commercial use. Any other use of Digital Content purchased or downloaded from AdminEasy is strictly prohibited.
You may not modify, transmit, publish, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, or in any way exploit, any of the content of Digital Content, in whole or in part, and more specifically, you will not print, copy, or ‘lend’ Digital Content to any other person (“Illegal Activities”). By downloading any Digital Content, you hereby acknowledge and agree to these terms. You hereby undertake that you shall not attempt to be able to do any of the Illegal Activities and should any of the Illegal Activities be possible for some reason, you undertake to not do so. You hereby indemnify TDH from any and all loss, damage, or expense it may suffer or from claims which may be made by third parties against TDH which arise from or in relation to your having participated in any Illegal Activities in relation to any Digital Content used by TDH.
Viewing Digital Content from AdminEasy website
When viewing Digital Content from the AdminEasy website, you will be granted the right to download such Digital Content from the website.
If you have any problems relating to the functionality of your Link or Access, please report same to AdminEasy at our call centre on via email, on support@admineasy.co.za so that we can assist you in resolving the problem.
Downloads:
Digital Content refers to digital products which will be delivered to you electronically via the Internet.
The speed of delivery of a Link will depend on a variety of factors, most of which are Internet related and beyond TDH’s control (such as server availability, ADSL lines etc) and as such, TDH does not hereby undertake to make delivery within any specific timeframe. However, as a guide only, delivery should occur within a few minutes depending on your speed and connection to the internet.
TDH does not charge any delivery fees for electronic delivery of the relevant Digital Content.
However, you may incur costs (e.g. ISP fees) associated with downloading the Digital Content and/or Link thereto and TDH will not under any circumstances be liable for any such costs incurred by you. (In this regard note that Digital Content can be up to a few Megabytes in size.)
You will be able to access and click on the Link at any time following delivery thereof to you, subject to certain restrictions. PLEASE TAKE NOTE OF THE FOLLOWING RESTRICTIONS:
• so as to reduce the risk of fraud, TDH reserve the right to limit the number of times any Link can be clicked before access to the Link is blocked. You will be able to click on such Link at least once, but acknowledge that access to the Link may become blocked after your first click so as to prevent fraud;
• Link will not appear if you have removed it, or TDH has removed it;
Agreements of Registration
Completing the registration form does not:
• constitute an agreement of sale; and/or
• constitute an order for any product
PART 2 - DISCLAIMER
Save TDH being liable to you –
• under the Consumer Protection Act 68 of 2008 (“CPA”) in relation to any products sold by TDH to you via the Website; and
• under sections 43(5) and 43(6) of the ECT Act in relation to TDH’s payment systems not being sufficiently secure,
Neither TDH 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 this Website or the services or content provided from and through this Website. Furthermore, TDH 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. You are encouraged to report any possible malfunctions and errors via email.
Information, ideas and opinions expressed on this Website should not be regarded as professional advice or the official opinion of TDH and you are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this Website.
You understand and agree that this site and the information, services, products and materials available through it are provided on an "as is" and "as available" basis. You expressly agree that use of this site is at your sole risk.
You expressly agree that use of this site, including all content, data or software distributed by, downloaded or accessed from or through this site, is at your sole risk. You understand and agree that you will be solely responsible for any damage to your business or your computer system or loss of data that results from the download of such content, data and/or software.
You acknowledge that TDH does not control in any respect any information, products or services offered by third parties on or through this site, except as otherwise agreed in writing, TDH and its affiliates assume no responsibility for and make no warranty or representation as to the accuracy, currency, completeness, reliability or usefulness of content or products distributed or made available by third parties through this site.
TDH does not make any warranty that this site or its content will meet your requirements, or that the site or content will be uninterrupted, timely, secure or error-free, or that defects, if any, will be corrected. TDH does not represent or warrant that materials in this site or information provided by TDH via email or other means, are accurate, complete, reliable, current or error-free. Nor does TDH make any warranty as to the results that may be obtained from use of AdminEasy or its content or as to the accuracy, completeness or reliability of any information obtained through use of the site.
TDH assumes no responsibility for any damages suffered by a user, including, but not limited to, loss of data from delays, non-deliveries of content or email, errors, system down time, mis-deliveries of content or email, network or system outages, file corruption or service interruptions caused by the negligence of TDH, its affiliates, its licensors or a user's own errors and/or omissions.
TDH disclaims any warranty or representation that confidentiality of information transmitted through this web site will be maintained.
All the information appearing on this site is provided without a representation or warranty whatsoever, whether expressed or implied, and AdminEasy disclaims any liability to the user in this regard.
Limitation of liability
TDH has taken reasonable steps as far as is possible, to ensure the accuracy and completeness of the content shown on this site, to ensure that the user doesn't suffer any loss or damages as a result of the use of this site.
Use of AdminEasy or any content provided by or through this site, or resulting from unauthorized access to or alteration of your transmissions or data, or other information that is sent or received, including but not limited to damages for lost profits, use, data or other intangibles, even if AdminEasy has been advised of the possibility of such damages. AdminEasy shall have no liability to you in connection with any actions or transactions by an individual that uses your user name and password with your consent or knowledge or any cause over which AdminEasy does not have direct control, including, but not limited to, problems attributable to computer hardware or software (including computer viruses), telephones (or other communications equipment), or internet service providers.
TDH shall have no liability to you in connection with any product, service or otherwise, purchased or used as a result of the use of this site. It is expressly understood that the user is aware that TDH provides a service to bring buyer and seller or service offerer and service consumer together, and accepts no responsibility for the quality, reliability, safety, function, suitability or otherwise, of a product purchased, service used, or otherwise, as a result of the use of this site.
TDH shall not be liable for any fraud, deception or misrepresentations by Users of the Service in any capacity whatsoever.
In no event will TDH be liable for any act or omission of any third party (such as, for example, any provider of telecommunications services, internet access or computer equipment or software) or for any circumstances beyond our control (such as, for example, a fire, flood, or other natural disaster, war, riot, strike, act of civil or military authority, equipment failure, computer virus, or failure or interruption of electrical, telecommunications or other utility services).
Governing Law and Jurisdiction
This Website is hosted, controlled and operated from the Republic of South Africa and therefore governed by South African law and, subject to the 'Disputes' clause of these Terms &Conditions, you and TDH submit to exclusive jurisdiction of the South African courts.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, in such jurisdictions, liability is limited to the fullest extent permitted by law.
Privacy
TDH shall take all reasonable steps to protect your personal information. For the purpose of this clause, "personal information" shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA).
TDH may electronically collect, store and use the following of your personal information:
• name and surname;
• non-personal browsing habits and click patterns;
• e-mail address;
• mobile number (if provided by you);
• IP address; and
TDH collects, stores and uses the above mentioned information for the following purposes:
• subject to your consent, to inform you of facts relating to your access and use of the Website;
• subject to your consent, to inform you about competitions and special offers from AdminEasy and/or its partners / affiliates;
• to compile non-personal statistical information about browsing habits, click-patterns and access to the Website;
• to verify your identity when transacting with TDH;
Information detailed above is collected either electronically by using cookies or is provided voluntarily by you. You may determine cookie use independently through your browser settings.
You may elect not to receive any communications from AdminEasy and/or its partners / affiliates.
TDH may collect, maintain, save, compile and share any information collected from you, subject to the following provisions:
• TDH shall not disclose your personal information unless –
• you consent thereto; or
• through due legal process.
• TDH may compile, use and share any information that does not relate to any specific individual; and
• TDH owns and retains all rights to non-personal statistical information collected and compiled by TDH.
You acknowledge and agree that certain personal information (i.e. your full names, email address, and contact number) will be disclosed to AdminEasy from whom you have ordered products in order to enable delivery of such products to you and to facilitate communication between you in relation to your purchase of such products.
Security
Any person that delivers or attempts to deliver any damaging code to this Website or attempts to gain unauthorised access to any page on this Website shall be prosecuted and civil damages shall be claimed in the event that TDH suffers any damage or loss.
You agree and warrant that your log-in name and password shall:
• be used for your personal use only; and
• not be disclosed to any third party.
You allow TDH to take all reasonable steps to ensure the integrity and security of the Website and back-office applications. In the event that your login and/or password are compromised, you will immediately notify TDH and change your password.
Service Delivery
TDH will use reasonable endeavours to make its service available to its Clients. However, the services are provided “as is” and “as available” and do not warrant or guarantee that the services will at all times be free of errors or interruptions, be always available, fit for any purpose, not infringe any third party rights, be secure and reliable, or will conform to your delivery timeline requirements subject always to the provisions of the CPA where applicable.
TDH will use its best endeavours to notify you in advance of any maintenance and repairs which may result in the unavailability of a service, but cannot always guarantee this.
Changes to Agreement
TDH, in its sole discretion, may change these Terms & Conditions or any part thereof at any time without notice to you. It is your responsibility to ensure that you are satisfied with the amendments. Should you not be satisfied with the amendments, you must refrain from placing any further orders on, or from using in any way, the Website. Disputes
Between you and TDH
Save for urgent or interim relief which may be granted by a competent court, in the event of any dispute of any nature whatsoever arising between you and TDH on any matter provided for in, or arising out of these Terms & Conditions, and not resolved through the Customer Relations Department of TDH, then such a dispute shall be submitted to confidential arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa. The expedited arbitration rules may be downloaded from http://www.arbitration.co.za/downloads/expedited_rules.pdf.
Address for Notices
TDH chooses as its address for all purposes under these Terms & Conditions, whether in respect of court process, notice, or other documents or communication of whatsoever nature, the following address: 793 Jan Smuts Highway, Sherwood, 4091, South Africa, with a copy to support@admineasy.co.za (the sending of such copy being required in order for any notice to be validly delivered to TDH).
Term and Termination
These Terms & Conditions shall commence from the date on which they are published on the Website and continue indefinitely, as amended by TDH from time to time (as described above), for so long as the Website exists and is operational, TDH being entitled to terminate these Terms & Conditions and/or shut down the Website at any time (subject to still processing any orders then already placed and accepted by TDH).
Copyright & other Intellectual Property Rights
Any and all copyright subsisting in the Website, including these Terms & Conditions, vests in TDH and all rights not expressly granted are reserved.
TDH may not screen or edit all the content available from the Website and does not accept any liability for illegal, defamatory or obscene content. You are encouraged to inform TDH of any content that may be offensive or illegal.
All the content, trademarks and data on this Website, including but not limited to, software, databases, text, graphics, icons, hyper links, private information, designs and agreements, are the property of or licensed to TDH and as such are protected from infringement by local and international legislation and treaties.
Electronic Communications
When you visit the Website or send e-mails to AdminEasy, you consent to receiving communications from AdminEasy electronically and agree that all agreements, notices, disclosures and other communications sent by AdminEasy satisfy any legal requirements, including but not limited to the requirement that such communications should be "in writing".
Hyperlinks, Framing, Spiders & Crawlers
Hyperlinks provided on this Website to non-TDH sites are provided as is and TDH does not necessarily agree with, edit or sponsor the content on such web pages.
No person, business or web site may frame this site or any of the pages on this Website in any way whatsoever.
No person, business or web site may use any technology to search and gain any information from this Website without the prior written permission of TDH. Such permission could be obtained from support@admineasy.co.za
Information
The ECT Act states that when goods or services are offered by way of certain electronic transactions, the seller thereof must make certain information about its availability to customers on websites where the goods or services are offered.
AdminEasy’s information is as follows:
Full name: Menzies Development Solutions t/a The Development House Main business: Software Development Company and Online retailer Address for receipt of legal service: 793 Jan Smuts Highway, Sherwood, KZN, South Africa, 4091
Office bearers: Darlene Menzies (Director)
Webmaster: webmaster@admineasy.co.za
Website: http://www.admineasy.co.za
Official email address: support@admineasy.co.za
PROATIA: The manual published in terms of section 51 of the Promotion of Access to Information Act No 2 of 2000 may be downloaded from https://www.smeasy.co.za/docs/Form_C.DOCX
