TERMS & CONDITiONS:​

​

1. GENERAL

   1. When accessing the website www.claytontechnologies.com you enter into a legally binding contract with Clayton Technologies on the terms and conditions (‘Terms’) set out in the documents. Clayton Technologies is a company incorporated in South Africa, with company number 2012/104675/07 and hereinafter referred to as ‘we’ or ‘us’ or ‘our’ as required by the context.

   2. These Terms apply to all visitors to the Website, including members of the public or legal entities accessing the Website for information purposes; members of the public or legal entities submitting advertisements, comments, files, images, videos, sounds, business listings and/or  information, and/or any other material or data (‘Content’); web search engines; and data and/or information aggregators (‘users’ or ‘you’ or ‘your’).

   3. We provide a collection of online resources which include Content, forums, and certain e-mail services (these resources are collectively referred to as ‘Services”) on the Website, and your access and/or use of the Website and the Services are subject to these Terms.

   4. These Terms and the other policies posted on the Website (including the privacy policy [insert link to privacy policy]) constitute the complete and exclusive understanding and agreement between you and us and govern your use of the Services and Website. This understanding and agreement supersedes all prior understandings, proposals, agreements, negotiations and discussion between the parties, whether oral or written. The Terms and the relationship between us are governed by the laws of the Republic of South Africa. You and we agree to submit to the personal and exclusive jurisdiction of the courts located in South Africa. Our failure to exercise or enforce any right or provision of the Terms is found by a court of competent jurisdiction to be invalid (because, for example, such provision is inconsistent with the laws of another jurisdiction) or inapplicable, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision.

2. ACCEPTANCE1

   1. By accessing the Website and/or by using the Services (as amended and updated from time to time), you agree to be bound by these Terms. Should you object to any term or condition of these Terms, to any guidelines or any subsequent changes thereto, or become dissatisfied with us, the Website of the Services, please refrain from using the Website and/or the Services and contact us using the contact details provided in paragraph 17 below.

   2. These Terms may be updated by us at any time and at our sole discretion. We will send you notice of changes to the Website or the Terms by email.

 

3. CONSUMER PROTECTION ACT, ACT NO. 68 OF 2008

If these Terms (or any contract governed by them) or the Services provided and/or made available on the Website are regulated by or subject to the Consumer Protection Act, Act No. 68 of 2008, as amended from time to time, it is not intended that any provision of these Terms contravene any provisions of the Act.

 

4. DATA PROTECTION

1. We collect information from you. We will handle the collection, processing and storage of your personal information in accordance with our privacy policy here.

2. By disclosing or submitting your personal information to us, you consent to our collecting, processing and storing it for the purposes described in our privacy policy here.

 

5. ACCESSING (BROWSING) OUR WEBSITE AND USING OUR SERVICES

1. Our website is for informational purposes only.

2. The Website and the Content available through the Website may contain links to third-party websites (‘Third-Party Websites’) completely unrelated to us or our Services. If you link to Third-Party Websites, you may be subject to the terms and conditions and other policies of those Third-Party Websites. We do not endorse any Content displayed on any Third-Party Website.

3. We do not permit copyright-infringing activities of infringement of intellectual property rights on the Website. We may, at our discretion, remove any infringing Content If properly notified that such Content infringes another’s intellectual property rights.

 

6. SUBMITTING CONTENT

1. If you submit any Content to us, you expressly agree not to post, e-mail, or other wise make available Content

   1. that violates any law;

   2. that is copyrighted, patented, protected by trade secret or trade mark, or otherwise subject to third-party propriety rights, including privacy and public rights, unless you are the owner of such rights or have permission or a licence from their rightful owner to post the material and to grant us all the licence rights granted under these Terms by the owner;

   3. that infringes any of the foregoing intellectual property rights of any party or that you do not have a right to make available under any law or under any contractual or fiduciary relationship;

   4. that is harmful, abusive, unlawful, threatening, harassing, defamatory, pornographic, libellous, or invasive of another’s privacy or other rights, or that harms or could harm minors in any way;

   5. that harasses, degrades, intimidates or is hateful towards an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;

   6. that violates any employment laws including, those prohibiting that stating, in any advertisement for employment, of a preference or requirement based on race, colour, religion, sex, national origin, age or disability of the applicant;

   7. that includes personal or identifying information about another person, without that person’s explicit consent.;

   8. that impersonates any person or entity, including any of our employees, or falsely states or otherwise misrepresents an affiliation with a person or entity;

   9. that is false, deceptive, misleading, deceitful or constitutes a ‘bait and switch’ offer;

   10. that constitutes a ‘pyramid scheme’, ‘affiliated marketing’, a link referral code, ‘junk mail’, ‘spam’, a ‘chain letter’ or an unsolicited advertisement of a commercial nature;

   11. that constitutes or contains any form of advertising or solicitation including any form of advertising or solicitation that is

       1. posted in areas or categories of the Website which are not designated for such purpose; or

       2. e-mailed to users who have requested not to be contacted about other services, products or commercial interests;

   12. that includes links to commercial services or Third-Party Websites, except as specifically allowed by us;

   13. that advertises illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law;

   14. that contains software viruses or any other computer code, file or program designed to interrupt, destroy or limit the functionally of any computer software or hardware or telecommunications equipment;

   15. that disrupts the normal flow of dialogue, with an excessive number of messages (flooding attack) to the Services or that otherwise negatively affects other users’ ability to use the Services;

   16. that employs misleading email addresses or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Services.

2. Additionally, you agree not to

   1. contact anyone who has asked not to be contracted, make unsolicited contact with anyone for make any libellous or defamatory comments or postings to or against anyone;

   2. make any commercial purpose, or ‘stalk’ or otherwise harass anyone;

   3. collect Personal Information (as defined in the privacy policy here or data about other users or entities for commercial or unlawful purposes;

   4. attempt to gain unauthorised access to computer systems owned or controlled by us, or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Services or the Website;

   5. use any form of automated device or computer program (‘flagging tool’ or ‘automated flagging device’) that enables the use of our ‘flagging system’ or other community control systems without each flag’s being manually entered by a human who initiates the flag, or use any other flagging tool to remove the posts of competitors or other third parties, or remove a post without reasonable good-faith belief that the post being flagged violates these Terms of any applicable law or regulations; and

   6. use any automated device or software that enables the submission of automatic postings on the Website without human intervention or authorship (an ’automated posting device’).

3. We reserve the right to remove any Content without prior notice.

4. Furthermore, by posting Content to any public area of the Website, you agree to do hereby grant us all rights necessary to prohibit or allow any subsequent aggregation, display, copying, duplication, reproduction or exploitation of the Content on the Services or Website a non-exclusive licence to access your Content through the Website. The foregoing licence granted by you to each users terminates when you remove or delete such Contents from the Website.

 

7. INTELLECTUAL PROPERTY RIGHTS

1. You acknowledge and agree that the materials on the Website, including the text, software, scripts, graphics, images, sounds, music, videos, interactive features and the like (‘Materials’), and the trademarks, services marks and logos contained therein (‘Marks’), are owned by or licensed to us and are subject to copyright and other intellectual property rights.

2. We reserved all rights not expressly granted herein to the Website and the Materials. You agree not to use, copy or distribute any of the Materials, otherwise that as expressly permitted herein, or to use, copy of distribute any of the Materials of third parties obtained through the Website, for any commercial purpose. If you download or print a copy of the Materials from personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security-related features of the Website of features that prevent or restrict use or copying of any Materials or that enforce limitations on the use of the Website or materials.

3. The Services are protected to the maximum extent permitted by copyright laws, other laws and international conventions or treaties. Content displayed on or through the Services is protected by copyright as a collective work and/or compilation is expressly prohibited. Copying or reproducing the Website, the Materials, or any portion thereof, to another server or location for further reproduction or redistribution is expressly prohibited.

4. You further agree to reproduce, duplicate or copy Content of Materials from the Services, and agree to abide by all copyright notices and other notices displayed on the Services. You may decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Services.

 

8. INDEMNITY

You agree to defend, indemnify us and hold us and our officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including attorneys’ fees) arising from

1. your use of and access to the Website and/or the Services;

2. your violation of any of these Terms;

3. your violation of any third-party right, including, without limitation, any copyright, trademark, trade secret, or other property or privacy right; or

4. any claim that your Content caused damage to a third party.

This defence and indemnification obligation will survive termination, modification expiration of these Terms and your use of the Services and the Website.

 

9. LIMITATION AND TERMINATION OF SERVICES

You acknowledge and agree that we, in our ole and absolute discretion, have the right (but not the obligation) to delete or deactivate your account, block your e-mail or IP address, or otherwise terminate your access to or use of the Services (or any part thereof), immediately ad without notice, and to remove and discard and Content within Services, for any reason including our belief that you have violated these Terms. You agree that we will not be liable to you or any third-party termination of your access to the Website or the Services. You also agree not to attempt to use the Services after such termination.

 

10. DISCLAIMER OF WARRANTIES

You expressly acknowledge and agree that use of the Website and the Services is entirely at your own risk and that the Website and the Services provided on an ‘as is’ or ‘as available’ basis, without any warranties of any kind. All express and implied warranties, including, without limitation, the warranties of the merchantability, fitness for a particular purpose, and non-infringement of proprietary rights, are expressly disclaimed to the fullest extent permitted by law. To the fullest extent permitted by law we our officers, directors, employees and agents disclaim all warranties express or implied in connection with the Website and your use thereof. We make no warranties or representations abut the accuracy or completeness of the Website’s Content of the content of any Third-Party Website linked to the Website and assume no liability or responsibility for any

1. errors, mistakes or inaccuracies in the Content;

2. personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Website and services ;

3. unauthorized access to or use of our services and/or any personal and/or financial information stored therein;

4. interruption or cessation of transmission to or from the Website;

5. bugs, viruses, Trojan horses of the like which may be transmitted to or through the Website by any third party; or

6. errors or omissions in any Content or loss or damage of any kind incurred as a result of the use of any Content posted, e-mailed, communicated, transmitted or otherwise made available via the Website or the Services.  

6.1.1 We do not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party through the Website or any hyperlinked website featured in any banner or other advertising, and we will not be a party to or in any way responsible for the monitoring of any transaction between you and/or other users and/or third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgement and exercise appropriate caution.

 

11. LIMITATION OF LIABILITY

In no event will we, our officers, directors, employees or agents be liable for direct or indirect, incidental, special, consequential or exemplary damages (even if we have been advised of the possibility of such damages) resulting from any aspects of your use of the Website or the Services, including damages arising from the use or misuse of the Website or the Services, from the inability to use the Website or the Services, or from the interruption, suspension, modification, alteration, or termination of the Website or the Services. These limitations will apply to the fullest extent permitted by law.

 

12. ASSIGNMENT

The Terms and any rights and licences granted hereunder may not be transferred or assigned by you but may be assigned by us without restriction. Any assignment or transfer by you will be null and void.

 

13. ABILITY TO ACCEPT TERMS OF SERVICE

This Website is intended for adults only. You affirm that you are more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms and to abide by and comply with these Terms.

 

14. SEVERABILITY

If any provision of these Terms is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of the Terms will not in any way be affected or impaired.

 

15. SUCCESSORS AND ASSIGNS

These Terms will inure to the benefits of and be binding upon each party’s successor and assigns.

 

16. HOW TO CONTACT US

If you have questions about these Terms, please contact us at info@claytontechnologies.com.

 

17. REQUIRED INFORMATION IN TERMS OF SECTION 43 OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT, ACT NO. 25 of 2002

More information about us is provided below:

1. Full name: Clayton Technologies (Pty) Ltd

2. Main business address of receipt for legal service: 33 Barbeque Corner 45 Dytchley Rd, Barbeque Downs, Midrand, 1684

3. Officer bearers: Sarah Clayton

4. Membership of any self-regulatory or accreditation bodies: SAQCC

5. The manner in and period which you can access and maintain full record of any payment transaction: N/A

6. Webmaster: Go Daddy

7. Official website: www.claytontechnologies.com

8. E-mail address: info@claytontechnologies.com