Terms & Conditions
POPI ACT AGREEMENT AND CONSENT DECLARATION:
WHEREAS IT IS AGREED THAT
All parties agree that they will comply with POPI regulations and process all the information and/or personal data in respect of the services being rendered in accordance with the said regulation and only for the purpose of providing the Services set out in the agreement to provide services.
The company (also called the service provider), all the parties to this agreement, the service provider’s employees and the client’s employees and any subsequent party/parties to this agreement acknowledge and confirm that
- One or more of the parties to this agreement, will possess and will continue to possess information that may be classified or maybe deemed as private, confidential or as personal information.
- Such information may be deemed as the private, confidential or as personal information in so far as it relates to any party to this agreement.
- Such information may also be deemed as or considered as private, confidential or as personal information of any third person who may be directly or indirectly associated with this agreement.
Further it is acknowledged and agreed by all parties to this agreement, that such private, confidential or as personal information may have value and such information may or may not be in the public domain.
For purposes of rendering services on behalf of the client, the service provider and any party associated with this agreement and/or any subsequent or prior agreement that may have been/will be entered into, irrevocably agree that “confidential information” shall also include inter alia and shall mean inter alia:
- (a) all information of any party which may or may not be marked “confidential,” “restricted,” “proprietary” or with a similar designation;
- (b) where applicable, any and all data and business information;
- (c) where applicable the parties may have access to data and personal and business information regarding clients, employees, third parties and the like including personal information as defined in POPI regulation; and
- (d) trade secrets, confidential knowledge, know-how, technical information, data or other proprietary information relating to the client/service provider or any third party associated with this agreement and (including, without limitation, all products information, technical knowhow, software programs, computer processing systems and techniques employed or used by either party to this agreement and/or their affiliates.
All parties irrevocably agree to abide by the terms and conditions as set out in this agreement as well as you agree and acknowledge that all information provided, whether personal or otherwise, may be used and processed by the service provider and such use may include placing such information in the public domain.
Further it is specifically agreed that the service provider will use its best endeavours and take all reasonable precautions to ensure that any information provided, is only used for the purposes of the agreement.
It is confirmed that by submitting information to the service provider, irrespective as to how such information is submitted, you consent to the collection, collation, processing, and storing of such information and the use and disclosure of such information in accordance with this policy.
SHOULD YOU NOT AGREE TO THE TERMS AND CONDITIONS AS SET OUT IN THIS AGREEMENT AND CONSENT DECLARATION YOU MUST NOTIFY THE SERVICE PROVIDER IMMEDIATELY FAILING WHICH IT WILL BE DEEMED THAT YOU ACCEPT AND AGREE TO THE TERMS AND CONDITIONS SET OUT ABOVE
We thank you for reading our Terms and Conditions. Should you have any queries, please feel free to contact your Account Manager in this regard.
COMPETITION TERMS AND CONDITIONS
Cernotech (Pty) Ltd (hereinafter referred to as ‘Cernotech’) Please take the time to read over ALL of the competition Terms and Conditions below, as well as the Terms and Conditions and details specified with each particular competition. Entry into any competition run by Cernotech automatically implies that you (Hereinafter referred to as you/You or ‘the Participant’ as defined in the CPA i.e. a person who enters, competes in or is otherwise eligible to win a promotional competition’) have read, understood and agreed to the Terms and Conditions outlined below. Cernotech COMPETITION TERMS AND CONDITIONS
1 Your entry into the competition and/or your acceptance of a prize (in the event that you win a prize) constitutes your binding acceptance of the T&Cs in your own capacity and on behalf of any person with whom you may share a prize (in the event that you win a prize which is for you and one or more additional persons).
2 No member of Cernotech and/or any of their member/affiliated companies or agencies, and members of their immediate families; nor members, directors, partners, employees, agents, or consultants of Cernotech or the sponsors of any competition, or any of their affiliated companies or agencies, and members of their immediate family, or any other person who directly or indirectly controls or is controlled by the promoter (i.e. the latter being defined in the CPA as ‘any person who directly or indirectly promotes, sponsors, organizes or conducts a promotional competition, or for whose benefit such a competition is promoted, sponsored, organized or conducted’) are eligible to win a competition conducted by Cernotech.
3 These are the standard terms and conditions for competitions conducted by or in association with Cernotech.
4 To be eligible for the competition, participants must reside in the Republic of South Africa, Namibia or Botswana, unless otherwise stated, and be over 18 years old.
5 Any requirements to be eligible for the competition in addition to the terms and conditions listed in this section will be clearly stated for each competition.
6 You may not win a competition if you have won a competition promoted by us within the past six months. You will be eligible to win in a competition promoted by us after the expiry of six months after the date on which you won the last competition. Only one participant or entrant per household is entitled to win one prize per competition.
7 Cernotech reserves the right to limit the number of entries made by any one participant.
8 Only individuals (i.e. natural persons) are eligible to enter. Suspected competition spammers, both individuals and companies, will be disqualified.
9 The deadline for entry into the competition or promotion is clearly stated. No entries will be accepted after that date.
10 Without limitation, Cernotech and our affiliates are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers, or providers, computer hardware or software failure or malfunction, traffic congestion (whether physical, or on the Internet, telephone lines or at any service provider, web site or other device or medium), or any combination thereof, or any other technical or other problems.
11 It is your responsibility to ensure that any information which you provide to us is accurate, complete and up to date.
12 Details of how the prize winner will be notified will be clearly stated for each competition.
13 The outcome of the competition is subject to the decision of the judge and Cernotech, whose decision is final, and no negotiations and or correspondence will be entered into after the fact.
14 Prizes may not be exchanged for cash or any other prize, nor are they transferable.
15 If the prize is not claimed within the set period stated for the competition of the prize winner being announced, the winner forfeits the prize and Cernotech reserves the right to redistribute or dispose of the prize at its discretion.
16 Cernotech may require you to provide Cernotech with such additional information as we may reasonably require in order to process and facilitate your acceptance and/or use of a prize.
17 By participating in the competition, you agree to release Cernotech harmless from any and all losses, harm, damages, rights, claims and actions of any kind in connection with the competition or resulting from the participation or acceptance, possession, use or receiving of any prize.
18 Any costs or expenses which you may incur other than in respect of those items specifically included in a prize are for your own account. Cernotech will not be responsible for any costs or expenses which you, or your partner (if applicable), incur during and for purposes of your entry into the competition
19 You must possess whatever documents and permissions that may be required in order to accept and use a prize, including, as regards to international travel, a valid passport and all necessary visa and travel documentation, which documents and permissions it is your responsibility to obtain at your own cost, and which documents and permissions must remain valid in such minimum form and for such minimum period after the prize date as may be required by the relevant authorities.
20 Cernotech reserves the right, in its sole discretion, to cancel or suspend any competition or promotion.
21 In the event where a competition or promotion is cancelled or suspended, all participants or entrants agree to waive any rights that they may have in terms of the competition and acknowledge that they have no recourse against Cernotech, their employees, agents, directors, partners, consultants suppliers, sponsors or promoters. and/or any of their member/affiliated companies or agencies, and members of their immediate families; nor members, or the sponsors or promoters.
22 Cernotech will not be held responsible for any mistakes or discrepancies contained in any competition.
23 In the event that you win a prize you will be requested to consent to the publication of your name, image, and the use of your details and photographs by Cernotech in marketing material and for marketing activities, for which no fee will be payable to you. You are entitled to decline such consent.
24 Cernotech will not distribute any of the personal information supplied to any third party, without the express written consent of the individual.
25 You accept the offer that your participation in the competition, and your acceptance and/or use of a prize, or any aspect thereof, is at your own risk.
26 Any violation or attempt to violate any of the above terms and conditions will result in the immediate
27 By participating in any competition hosted by Cernotech, participants further agree to be bound by Cernotech website Terms and Conditions.