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Terms & Conditions

These conditions of use (the "Conditions") described herein, will govern your use of Certified Digital Communications Pty Ltd (“CDC”, “our", "we" or “us") technology and systems (the "System"). We advise you to read the Conditions carefully before using the System. 

 

If you do not agree to the Conditions, do not accept and do not click the accept box. Leave immediately and terminate your use of the website. Any delay in leaving and terminating use of the website shall be regarded as full and unconditional understanding and acceptance of these Conditions.

 

In the case that you use the System on behalf of a company, business or organisation, you are agreeing to the Conditions for that organisation and confirm that you are authorised to do so. Further thereto, you confirm that the System is being used with permission from the bill-payer.

 

You are only permitted to use the System so long as you comply with the Conditions. By accessing and using the System you confirm that you are not in breach of any previous contracts, laws or other agreements and arrangements that may be in conflict with the Conditions. We reserve the right to change the System over time as company or market needs arise. We also reserve the right to stop or suspend the System at any time without prior notice. We may also decide to remove content and other data from the System as we see fit. 

 

Introduction to The System

 

CDC, as a trusted 3rd party witness, registers the contents, attachments and delivery receipt of an electronic message, and issues a digitally sealed certificate that proves who sent what to whom and when it was sent.

 

Your License

 

CDC grants you a personal, non-exclusive, non-assignable license to make use of the System. Your license is solely for your use of the System as is permitted by the Conditions. You are entirely responsible and liable for the files, content and other information you submit using the System. You must not expose the system to malicious software or spyware.

 

CDC will not be responsible for any corruption or loss of files that may occur through the use of the System. You accept that it is your responsibility to maintain and protect your data. CDC will not be liable for any expenses or cost associated with storing and/or recovering your data.

 

You agree to promptly notify us should you contact information or other information contained within your account change.

 

Account Security

 

Safeguarding your account password is your responsibility. You agree not to disclose your password to any third party. Any activity that occurs on your account is your responsibility, whether or not you authorised the activity. Should you account become compromised, or if unauthorised activity takes place on your account, you agree to notify CDC immediately. CDC will not be held liable for any loss or damage.

 

Data & Privacy

 

Through the use of the System, you will provide us with personal information and files. You will always have full ownership of your data. We, under no circumstance, claim ownership of your data. We will only have the right to use your data in cases where we need to do so in order to run the System.

 

Through the access and use of the System you give us permission to use your data in order to run the System. Through the use of the System, you consent to your data being stored by a third party outside of the republic.

 

We reserve the right to manage, access, read and disclose your data to i) uphold the Conditions, ii) comply with laws, government requests and other legal matters, iii) address security and technical issues, iv) protect CDC, our users and other stakeholders and v) provide support and other assistance to users and the public.

 

Your use of the system is entirely your responsibility. This includes the content of messages and files you send using the System and any other scenarios where the System has been used by you. It is your responsibility to ensure you comply with the Conditions.

 

You can choose not to receive communications from CDC, however under certain circumstances we reserve the right to use your data to communicate with you as we see fit. This can include administration messages and other important notifications.

 

Data Security

 

In some cases, we will store our own copy of your messages and files, however it is your responsibility to keep secure, unaltered copies of all messages and digital files that you send through the System. Should you fail to do so, CDC cannot be held responsible for not being able to prove the content and integrity of a message or file.

 

Acceptable Use

 

You agree to use the System responsibly. Therefore, you agree to not use the System to do, or attempt, the following things:

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  • gain access to, attempt to gain access to, tamper with, or use the areas of the System that are not freely open to the general public, including our computer systems, or the systems of our providers;

  • create a disruption or interference on the network or for a specific user, this includes; phishing, spoofing, sending viruses, or intentionally creating an undue burden on the System;

  • test the vulnerability of any aspect of the System;

  • breach and/or bypass any security measures;

  • forge any aspect of any message (including TCP/IP packet header or any part of the header information) in any email;

  • send anything that is misleading or fradulent, infringes another's rights or violates privacy of others or the law in any way, send false or altered information, send deceptive information or abuse;

  • intentionally engage in illegal conduct;

  • knowingly create, store or disseminate any illegal content;

  • knowingly infringe copyright;

  • knowingly infringe any intellectual property rights; or

  • send spam or promote the sending of spam.

 

Should you violate any of the Conditions we reserve the right to suspend or terminate your account. Replacement accounts that are created without our authorisation will also be immediately and permanently suspended.

 

CDC Property

 

The System is protected by Intellectual Property and other such laws of South Africa and other foreign countries. You do not have the right to copy and use the System features, functionality and branding that is distinctive to CDC. Should you provide any feedback, suggestions or other general comments on the System, or CDC, you agree that we may use the information as we deem necessary with no obligation to you.

 

All intellectual property on the Website and System, including but not limited to content, trademarks, domain names, patents, design elements, software, source code, meta tags, databases, text, graphics, icons and hyperlinks are the property of or licensed to CDC and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights provided to you in these Conditions, all of the rights to intellectual property on the Website and System are expressly and strictly reserved.

 

All rights, interest and title in intellectual property on the Website is, and remain, the exclusive property of CDC, and any unlawful or unauthorized use, modification, alteration, on-sell or distribution, is punishable by law.

 

Termination

 

You are free to terminate your use of the System at any time. If you fail to comply with the Conditions, or if we deem it necessary, we may suspend or disable the System, or your account. Should this occur, we will do our utmost to provide adequate notice, though there may be some cases, such as instances where we are required by law or other such instances, where we suspend immediately.

 

Limitation of Liability

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IN NO EVENT WILL CDC, ITS STAKEHOLDERS, EMPLOYEES, SUPPLIERS OR OTHER RELATED PARTIES BE HELD LIABLE FOR ANY CLAIMS RELATING TO THE SYSTEM OR ANY SERVICES OFFERED BY CDC. WE WILL NOT BE HELD LIABLE FOR PUNITIVE, CONSEQUENTIAL, DIRECT OR INDIRECT DAMAGES, LOSSES OR OTHER SUCH CLAIMS REGARDLESS OF LEGAL THEORY, WHETHER OR NOT CDC HAS RECEIVED PRIOR WARNING.

 

Modifications

 

We reserve the right to revise and amend the Conditions as necessary. The most up to date version will be available on our website. We advise you to check on this regularly. When you access or use the System after revisions are made, you agree to and are bound by the revised Conditions. If you do not agree to the new Conditions, please stop using the System.

 

Legal Terms

 

CDC and you are not legal partners or agents; instead, our relationship is that of independent contractors.

 

The Conditions replace any prior agreements and create no third party beneficiary rights.

 

Should CDC’s failure to enforce a provision, it does not waive its right to do so later.

 

If a provision is found unenforceable the remaining provisions of the Conditions will remain in full effect.

 

Your rights in these Conditions may not be assigned, and any such attempt is void, but CDC may assign its rights to any successor in interest of any business associated with the System.

 

These Conditions will be governed by the laws of South Africa and constitute the entire agreement between CDC and you.

 

Disclaimer

 

YOU MAKE USE OF THE SYSTEM AT YOUR OWN RISK. THE SYSTEM IS PROVIDED "AS IS" AND "AS AVAILABLE” WITHOUT WARRANTIES. THIS INCLUDES ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE,  MERCHANTABILITY OR NON-INFRINGEMENT. We take no responsibility and liability for the availability or reliability of the System. We will not be held responsible or liable for any harm to your computer, or other harm as a result of your use of the System. CDC has no responsibility or liability for failing to send or store any communications within the System. There is no warranty that your requirements will be met or that your use of the System will be uninterrupted or error free. No information provided by the System or CDC, whether written or oral, will create any warranty. We shall not control or supervise content available through links to third party platforms and therefore we cannot guarantee the accuracy, truthfulness, origin, contents, or availability thereof. Consequently, we cannot be held responsible for possible damage caused regarding publishing, removing, or using any link, or relying on any content available via the link.

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By making use of our System you agree that it is your responsibility to ensure that all communications you send via our System are complete, accurate, legally admissible, and fit for purpose. CDC cannot be held liable for any legal disputes or non-conformities that arise as a result of the certificates and evidence generated by our system. You therefore agree to indemnify and hold harmless CDC for any direct, indirect, incidental, special or consequential loss or damages which might arise from you furnishing CDC information that is inaccurate, incomplete,  or fails to provide any material information necessary to make the statements being made or the information being furnished truthful, accurate, and correct in light of all the circumstances. By making use of our System you further accept that you need to perform the necessary due diligence to ensure all relevant laws and practices are adhered to.

 

Electronic Communications

 

Any communication or material the User/Client transmits to CDC by electronic mail or otherwise, including, but not limited to any data, questions or answers, comments, suggestions, or the like, will be treated as non-confidential and non-proprietary by CDC, unless expressly agreed otherwise in writing. Electronic communications shall only be deemed to have been received if and when responded to in a manner, other than by way of an automated response. Information contained in electronic communications must be regarded as confidential and intended solely for the use of the intended recipient. Any unauthorised disclosure, copying, distribution or action in reliance upon the contents of this electronic communication is strictly prohibited and unlawful. Whilst CDC employs virus filtering, we provide no guarantees or warranties that electronic communication will be virus-free. The User/Client is accordingly advised to employ their own virus scanning tools. The views expressed in any electronic communications transmitted are those of the individual sender unless the context clearly provides otherwise.

 

Disclosures Required by Section 43 of the ECT Act

 

Access to the services, content, software and downloads available from the Website may be classified as “electronic transactions” as defined in terms of ECTA and you therefore may have the rights detailed in ECTA. Accordingly, we provides the following information:

 

  • Full name and legal status of website owner: Certified Digital Communications (Pty) Ltd, registration number: K2020141248

 

  • Postal Address: SUITE 5, HARBOUR VIEW, PORT ALFRED, EASTERN CAPE, 6170

 

  • Physical address for receipt of legal process: SUITE 5, HARBOUR VIEW, PORT ALFRED, EASTERN CAPE, 6170

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  • Office telephone and customer support number: +27 82 458 8938

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  • Main business: Certified Digital Communications acts as a trusted third party witness of registered data messages including but not limited to email and SMS messages.

 

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  • CDC is a member of the following self-regulatory and/or accreditation bodies:

    • CDC is a member of WASPA and is bound by the WASPA Code of Conduct. Customers have the right to approach WASPA to lodge a complaint in accordance with the WASPA complaints procedure. CDC may be required to share information relating to a service or a customer with WASPA for the purpose of resolving a complaint. WASPA web site: www.waspa.org.za

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  • Access to and use of the website is provided free of charge. Use of the System is billed on a pro rata basis.

 

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