POPIpack™ Website Disclaimer & Terms of Use
The POPIPack Website Terms of Use (“Term/s”) regulate the relationship between us and each user of the POPIPack website.
For purposes of these Terms, “us” / “we” / “our” refers to VDT Consult (Pty) Ltd, a private company duly incorporated in the Republic of South Africa with registration number 2019/180054/07.
These Terms also refer to the following additional terms which apply to your use of our website:
- The POPIPack website Privacy Policy, incorporating a cookie policy, and which sets out the terms on which we process any personal information as defined in terms of the Personal Information Act 4 of 2013 (“POPIA”), as amended; and
- In the event of a user purchasing goods or services from our website, all terms and conditions of whatever nature applicable to doing business with us, or any of our following business partners: –
- VDT Attorneys Incorporated, registration number 2000/031065/21; and
- Succeed Academy, registration number 2014/123563/07; and
- Epi-Use Africa (Pty) Ltd, registration number 1999/014891/07; and
- Guideline Biztech, registration number 2012/018904/07
- OneTrust Technology Limited, registration number 02676976 (United Kingdom)
- Payfast (Pty) Ltd, registration number 2007/011558/07;
(Collectively hereinafter called our, “business partners”)
Linking to third party website and services of third parties
This website may contain links or references to other website (“Third Party website/s”) which are outside of our control, including those of advertisers and our business partners. Subject to the aforesaid, these website terms of use do not apply to those Third Party websites and we are not responsible and/or privy to the terms and conditions or the practices and/or privacy policies of those Third Party website or the “cookies” that those website might use.
Notwithstanding the fact that the POPIPack website may refer to or provide links to Third Party websites, your use of these Third Party websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third Party websites or your reliance on any information contained therein.
We are a legal consulting service provider operating independently from our business partners and therefore, subject to our own terms and conditions and any applicable laws, we take no responsibility for any terms and conditions and/or policies of whatever nature which a user may be bound or subject to of that of our business partners, in the event of purchasing goods or services from this website.
Legal and/or Professional Advise Disclaimer
The website contains legal, technical, educational and other advice. Accordingly, and if you are uncertain of the use of these products or services, or if you re uncertain of whether or how any of our products or services would apply to you or your business, and before taking any actions based upon such information, we encourage you to consult with one of our appropriate professionals to analyse your unique requirements.
Proprietorship of information and Copyrights
Any and all information or documents appearing and/or downloadable on the POPIPack website is unless otherwise indicated, owned by us. A user is not allowed to copy, delete, reproduce, reverse engineer, process or use in any way whatsoever any information or documents, products or services without first receiving our written consent to do so.
All copyright and other intellectual property rights subsisting in this website and its contents, including without limitation all text, images, graphics and code contained in this website, and in its look and feel (collectively, the “Contents”) are owned by us and/or our business partners, or by third-party providers. Except where otherwise specified, you may view, copy and print the Contents only for your own use, provided that all copies and printouts of the Contents bear the copyright and other proprietary notices and disclaimers displayed on them on the website. We reserve the right, but have no obligation, to change the Contents at any time. Other than as specified above, neither this website nor any of its Contents may be modified or copied in whole or part in any form, including by framing, incorporation into other website or other publication, or be used to create any derivative work. No links to this website may be included in any other website without our prior written permission. None of our, nor any of our business partners’, trademarks may be used without our or their prior written permission. We reserve all our rights in such trademarks. Other than as specified above, nothing on this website should be construed as granting any right or license. We do not guarantee that you have any right to use content available on this website that is owned by any third party, and that third party’s permission will not be required before you use such content. None of the Contents may be changed, nor may any copyright or author attribution notice appearing on any of the Contents be altered or removed, without the Company’s prior permission.
No Warranties
We make no representations or warranties, whether express or implied, as to the accuracy, completeness or reliability of any information, data and/or content on the website.
We do not warrant that the website or information or downloads shall be error-free or that they shall meet any particular criteria of performance or quality. We expressly disclaim all implied warranties, including without limitation, warranties of merchantability, fit-ness for a particular purpose, non-infringement, compatibility, security and accuracy.
Whilst we have taken reasonable measures to ensure the integrity of the website and its contents, no warranty, whether express or implied, is given that any files, downloads or applications available via the website are free of viruses, or any other data or code which has the ability to corrupt, damage or affect the operation of the user’s system.
We disclaim any responsibility for the verification of any claims. Information published on the website may be done so in the format in which we receive it and statements from external parties are accepted as fact.
Limitation on Liability
Under no circumstance shall we have any liability to you for any loss or damage of any kind incurred as a result of the unlawful use of the website or the products or services provided via the website. Your use of the website and your reliance on any information on the website is subject to our Privacy Policy and these Terms, and any use of the website and our products or services contrary thereto will be at your own risk and we will not be held liable for any damage and or loss of any nature whatsoever.
While we take reasonable care in designing, writing and/or drafting the website and its content, we do not accept responsibility for any loss or damage that may be sustained as a result of reliance by any person on the information contained on the website. You hereby indemnify us against any loss, claim or damage which may be suffered by yourself or any third party arising in any way from your use of this website and/or any linked Third Party Website.
Independent Legal Advice
Where we give independent and separate legal advice apart from our readily available products/services for purchase on our Site, such legal advice that is confidential, privileged and protected, and any such legal advice will be governed by a separate letter of engagement which we will require you to sign once you seek our advice, and if you make use of the products and/or services of any of our business partners, such use of the products and/or services of our business partners will be subject to the terms and conditions of the respective business partners.
Any legal articles and newsletters and information published is not deemed to be legal advice, as it is only for information purposes should not be relied upon as legal advice without consulting any one of our affiliated experts. We also display content of our third party service providers or our partners from time to time which should also not be construed as formal legal advice, but has been published for information purposes and you should consult us directly to discuss your specific circumstances and/or your own professional legal advisers.
Making purchases and payment
If you wish to purchase products or services from this website (each, a “Transaction”), you will be asked to supply certain information applicable to your Transaction, including, without limitation, credit card and other information. You understand that any such information will be treated by us in the manner described in the POPIPack website’s Privacy Policy. You agree to pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your Transactions. In addition to these Terms, your Transaction shall be subject to any additional terms applicable to such services, features or purchases as referred to herein.
You represent and warrant that all information you provide, including but not limited to all information concerning your name, identification number, address, credit card number, and other identifying information of any nature will be true, complete and correct, and that you will update all information as it changes. You agree that you will only use credit cards belonging to you or for which you are expressly authorized to use. You further agree that you will not attempt to conceal your identity by using multiple Internet Protocol (“IP”) addresses or email addresses. You grant us the right to provide any information you submit to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.
You will be required to provide the necessary payment account details (such as credit card details) when submitting your payment request. By submitting a payment request to us, you authorise us to debit your designated account with the relevant amounts due for the goods or services ordered. Such authorization will allow us to obtain payment at any time after our confirmation of your booking and/or purchase. We will not be obliged to issue / release any information, products or documentation to you prior to receiving full payment of the full agreed amount payable in respect of such products. You warrant that you are duly authorised to make payments from the account designated by you. You also authorise us to pay all amounts to be refunded to you into such account.
Once off purchase of the POPIpacks and/or single item purchases / services:
By electing to purchase a POPIpack once off or any single item product or service offering, you acknowledge and agree that the documents sold and provided to you in terms of such purchase may become outdated due to a change in legislation and that you will not have access to the most updated version of our POPIpack/s, where applicable, and therefore, you hereby fully indemnify us from any and all potential damages and/or claims and/or losses you may incur as a result of such documents having become outdated;
Annual Subscription to the POPIpack:
If you elect to apply for the annual subscription to our POPIpack, you will have, subject to these Terms, electronic access to the most updated versions of the documents contemplated by our POPIpack which will on a regular basis be aligned and updated in accordance with the latest changes to any and all applicable legislation in this regard.
Registration for use of services
You may browse the website and view content without registering, but as a condition to using certain aspects of the website, you may be required to register with us and select a password and username (your “registration”). 1) You are responsible for maintaining the confidentiality of your registration. 2), You shall not (i) select or use as your registration a name of another person with the intent to impersonate that person; (ii) use as your registration a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as your registration a name that is otherwise offensive, vulgar or obscene. 3) You shall be responsible for all uses of your registration, whether or not authorized by you. 4) You will immediately notify us in writing of any unauthorized use of your account, or other account related security breach of which you are aware. 5) You also agree to: (i) provide true, accurate, current and complete information about yourself as submitted to us, and (ii) maintain and promptly update your registration information to keep it true, accurate, current and complete. 6) If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we reserve the right to immediately suspend or terminate your account and refuse any and all current or future use the website, in our sole discretion.
Changes to the Terms
We reserve the right to, at our sole discretion, amend these Terms at any time. You acknowledge that as a user to this website, it is your responsibility to regularly check these Terms and make sure that you are satisfied with any amendments. Should you not be satisfied, you must not place any further orders on, or in any other way use the website.
You as the user, acknowledge that by visiting the website at any time, you are bound to the latest version of the Terms and that unless otherwise provided in the current version of the Terms, all previous versions are outranked and replaced by such current version.
Governing law and jurisdiction
These Terms shall in all respects be governed and interpreted in accordance with the laws of the Republic of South Africa. The user agrees and submits to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Gauteng Division, Pretoria).
Waiver
Any failure by us, of whatever nature, to enforce these Terms shall not constitute a waiver of that right. If any Term is declared invalid, the remaining provisions will remain in full force and effect.
Whole Agreement
These Terms contain the whole agreement between you the user, and us, in respect of the subject matter unless otherwise agreed to in writing by the parties.
Last updated: 25 January 2021_Version 1.1