These Terms and Conditions (these “Terms” or these “Terms and Conditions”) contained herein on this webpage, shall govern your use of this website, including all pages within this website as well as the usage of any of the applications developed and distributed by EnsigmaSoft (PTY) Ltd, products we offer or any services we render (collectively referred to herein below as this “Website et al”). These Terms apply in full force and effect to your use of this Website et al and by using this Website et al, you expressly accept all terms and conditions contained herein in full. You must not use this Website or any of our products/services, if you have any objection to any of these Terms and Conditions.
This Website et al is not for use by any minors (defined as those who are not at least 18 years of age), and you must not use this Website et al if you a minor.
Intellectual Property Rights
Other than content you own, which you may have opted to include on this Website et al, under these Terms, EnsigmaSoft (PTY) Ltd and/or its licensors own all rights to the intellectual property and material contained in this Website et al, and all such rights are reserved.
You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this Website et al.
You are expressly and emphatically restricted from all of the following:
publishing any Website et al material in any media;
- selling, sublicensing and/or otherwise commercializing any Website et al material;
- publicly performing and/or showing any Website et al material;
- using this Website et al in any way that is, or may be, damaging to this Website et al;
- using this Website et al in any way that impacts user access to this Website et al;
- using this Website et al contrary to applicable laws and regulations, or in a way that causes, or may - cause, harm to the Website et al, or to any person or business entity;
- engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website et al, or while using this Website et al;
- using this Website et al to engage in any advertising or marketing;
Certain areas of this Website et al and/or our applications/services are restricted from access by you and EnsigmaSoft (PTY) Ltd may further restrict access by you to any areas of this Website et al, at any time, in its sole and absolute discretion. Any user ID and password you may have for this Website et al are confidential and you must maintain confidentiality of such information.
In these Terms and Conditions, “Your Content” shall mean any audio, video, text, images or other material you choose to display on this Website et al. With respect to Your Content, by displaying it, you grant EnsigmaSoft (PTY) Ltd a non-exclusive, worldwide, irrevocable, royalty-free, sublicensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.
Your Content must be your own and must not be infringing on any third party’s rights. EnsigmaSoft (PTY) Ltd reserves the right to remove any of Your Content from this Website et al at any time, and for any reason, without notice.
This Website is provided “as is,” with all faults, and EnsigmaSoft (PTY) Ltd makes no express or implied representations or warranties, of any kind related to this Website et al or the materials contained on this Website et al. Additionally, nothing contained on this Website et al shall be construed as providing consult or advice to you.
Limitation of liability
In no event shall EnsigmaSoft (PTY) Ltd, nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of this Website et al, whether such liability is under contract, tort or otherwise, and EnsigmaSoft (PTY) Ltd, including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website et al.
You hereby indemnify to the fullest extent EnsigmaSoft (PTY) Ltd from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.
If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
Variation of Terms
EnsigmaSoft (PTY) Ltd is permitted to revise these Terms at any time as it sees fit, and by using this Website et al you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of this Website et al.
EnsigmaSoft (PTY) Ltd shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
These Terms, including any legal notices and disclaimers contained on this Website et al, constitute the entire agreement between EnsigmaSoft (PTY) Ltd and you in relation to your use of this Website et al, and supersede all prior agreements and understandings with respect to the same.
Governing Law & Jurisdiction
These Terms will be governed by and construed in accordance with the laws of South Africa, and you submit to the non-exclusive jurisdiction of the state and federal courts located in South Africa for the resolution of any disputes.