1 Website terms and conditions of use
1.1 This document sets out the terms and conditions (“Terms”) of Wired Internet & Gaming Cafe CC Trading as Uncapped Business Centre located at Unit 9, 10 Stuart Close, Somerset Business Park, Somerset West, 7130 with company registration number
2010/101360/23 (“Service Provider”) pertaining to the access and use of the information, products,
services and functions provided on www.screwpro.co.za (“Website”).
1.2 Should any person that accesses the Website (“you” or “user”) disagree with any of the Terms, you
must refrain from accessing the Website and/or using our services.
1.3 If you are under the age of 18, you must obtain your parents’ or legal guardians’ advance
authorization, permission and consent to be bound by these Terms before purchasing any products
or services.
1.4 Service Provider reserves the right, in its sole discretion, to amend and/or replace any of, or the
whole of, the Terms. Such amendments shall supersede and replace any previous Terms and shall be
made available on the Website. Each time a user accesses the Website and/or uses the services, the
user shall be deemed to have consented, by such access and/or use, to the Terms, as amended and/or
replaced by Service Provider from time to time. If you are not satisfied with the amended Terms, you
should refrain from using the Website.
1.5 We will however give you prior notice where we have collected personal information from you
and the purpose for which we collected that information, is affected by the intended amendment.
1.6 If there is anything in these Terms that you do not understand then please contact us as soon as
possible see clause 11 below for contact details. Please note that calls to us are charged at national
rates and may be monitored for training, security and quality assurance purposes.
2 Content of the Website
2.1 Service Provider reserves the right to make improvements, to change or to discontinue, without
notice, any aspect or feature of the Website and any information or content on the Website.
2.2 Service Provider reserves the right to change and amend the products, prices and rates quoted on
this Website from time to time without notice.
2.3 Service Provider may use the services of third parties to provide information on the Website.
Service Provider has no control over this information and makes no representations or warranties of
any nature as to its accuracy, appropriateness or correctness. The user agrees that such information
is provided “as is” and that Service Provider and its online partners shall not be liable for any losses or
damages that may arise from the user’s reliance on it, howsoever these may arise.
2.4 Service Provider makes 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,
including without limitation:
2.4.1 Service Provider does 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. Service Provider
expressly disclaims all implied warranties, including without limitation, warranties of merchantability,
fitness for a particular purpose, noninfringement, compatibility, security and accuracy;
2.4.2 whilst Service Provider has 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 this 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; and
2.4.3 Service Provider disclaims any responsibility for the verification of any claims. Information
published on this Website may be done so in the format in which Service Provider receives it and
statements from external parties are accepted as fact.
3 Linked third party Websites and third party content
3.1 Service Provider may provide links to third party Websites on the Website. These links are
provided to the user for convenience purposes only and Service Provider does not endorse, nor does
the inclusion of any link imply Service Provider’s endorsement of, such Websites, their owners,
licensees or administrators or such Websites’ content or security practices and operations.
3.2 While Service Provider tries to provide links only to reputable Websites or online partners, Service
Provider cannot accept responsibility or liability for the information provided on other Websites.
Linked Websites or pages are not under, nor subject to, the control of Service Provider. Service
Provider is not responsible for and gives no warranties or makes any representations in respect of the
privacy policies or practices of linked or any third party or advertised Websites on the Website.
3.3 You agree that Service Provider shall not be held liable, directly or indirectly, in any way for the
content, the use or inability to use or access any linked Website or any link(s) contained in a linked
Website, nor for any loss or damage of any sort incurred as a result of any dealings with, or as the
result of the presence of such third party linked Websites on the Website. Any dealings that you may
have with any linked Websites, including advertisers, found on the Website, are solely between you
and the third-party Website.
4 Usage restrictions
The user hereby agrees that it shall not itself, nor through a third party:
4.1 copy (other than for backup, archival or disaster recovery purposes), reproduce, translate, adapt,
vary, modify, lease, licence, sublicense, encumber or in any other way deal with any part of the
Website for any reason and in any manner, unless it is consistent with the intent and purpose of these
Terms;
4.2 decompile, disassemble or reverse engineer any portion of the Website;
4.3 write and/or develop any derivative of the Website or any other software program based on the
Website;
4.4 modify or enhance the Website. In the event of a user effecting any modifications or
enhancements to the Website in breach of this clause, such modifications and enhancements shall be
the property of Service Provider;
4.5 without Service Provider’s prior written consent, provide, disclose, divulge or make available to or
permit the use of or give access to the Website by persons other than the user;
4.6 remove any identification, trademark, copyright or other notices from the Website;
4.7 post or transmit, by means of reviews, comments, suggestions, ideas, questions or other
information through the Website, any content which is unlawful, harmful, threatening, abusive,
harassing, defamatory, vulgar, obscene, sexually explicit, profane or hateful, or racially, ethnically or
otherwise objectionable content of any kind; and/or
4.8 notwithstanding anything contained to the contrary in these Terms, use the Website for any
purpose other than personal, non-commercial and information purposes.
5 Security
5.1 In order to ensure the security and reliable operation of the services to all Service Provider’s users,
Service Provider hereby reserves the right to take whatever action it may deem necessary to preserve
the security, integrity and reliability of its network and back office applications.
5.2 You may not utilise the Website in any manner which may compromise the security of Service
Provider’s networks or tamper with the Website in any manner whatsoever, which shall include
without limitation, gaining or attempting to gain unauthorised access to the Website, or delivering or
attempting to deliver any unauthorised, damaging or malicious code to the Website, all of which is
expressly prohibited. Any person or entity which does so, or attempts to do so, shall be held criminally
liable. Further, should Service Provider suffer any damage or loss, civil damages shall be claimed by
Service Provider against the user.
5.3 Any user who commits any of the offences detailed in Chapter 13 of the Electronic
Communications and Transactions Act 25 of 2002 (“ECTA”) (specifically sections 85 to 88 (inclusive))
shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered
and/or incurred by Service Provider and its affiliates, agents and/or partners.
6 Intellectual property rights
6.1 For the purpose of this clause, the following words shall have the following meanings ascribed to
them:
6.1.1 “Intellectual property rights” means all and any of the rights in and to intellectual property of
any nature whatsoever owned and/or controlled directly or under licence by Service Provider, now or
in the future, including without limitation, Service Provider’s rights, title and interest in and to all
technology, source code/s, trade secrets, logos, systems, methods, trademarks, trade names, styles,
insignia, designs, patents and copyright, and all similar proprietary rights which may subsist in any part
of the world, whether registered or not.
6.2 All copyright and other intellectual property rights in all content, trademarks, software, data,
material, including logos, databases, text, graphics, icons, hyperlinks, confidential information,
designs, agreements, and multimedia works, published on or via the Website (“proprietary material”),
are the property of, or are licensed to, Service Provider and as such are protected from infringement
by local and international legislation and treaties.
6.3 By submitting reviews, comments and/or any other content (other than your personal
information) to Service Provider for posting on the Website, you automatically grant Service Provider
and its affiliates a nonexclusive, royalty free, perpetual, irrevocable right and licence to use,
reproduce, publish, translate, sublicense, copy and distribute such content in whole or in part
worldwide, and to incorporate it in other works in any form, media, or technology now known or
hereinafter developed, for the full term of any copyright that may exist in such content. Subject to
this licence, you retain any and all rights that may exist in such content.
6.4 All rights not expressly granted are reserved and no right, title or interest in any proprietary
material or information contained in this Website is granted to you.
6.5 Except with Service Provider’s express written permission, no proprietary material from this
Website may be copied or retransmitted.
6.6 Irrespective of the existence of copyright, the user acknowledges that Service Provider is the
proprietor of all material on the Website (except where a third party is indicated as the proprietor),
whether it constitutes confidential information or not, and that the user has no right, title or interest
in any such material.
6.7 Service Provider authorises you only to view, copy, temporarily download to a local drive and to
print the content of this Website, or any part thereof, provided that such content is used for personal
purposes and for information purposes only, and such content is used for non-commercial purposes.
7 Risk, limitation of liability and indemnity
7.1 The user’s use of this Website and the information contained on the Website is entirely at the
user’s own risk and the user assumes full responsibility and risk of loss resulting from the use thereof.
7.2 The transmission of information via the internet, including without limitation email, is susceptible
to monitoring and interception. The user bears all risk of transmitting information in this manner.
Under no circumstances shall Service Provider be liable for any loss, harm, or damage suffered by the
user as a result thereof. Service Provider reserves the right to request independent verification of any
information transmitted via email and the user consents to such verification should Service Provider
deem it necessary.
7.3 To the extent permissible by law:
7.3.1 Neither Service Provider, its affiliates, shareholders, agents, consultants or employees shall be
liable for any damages whatsoever, including without limitation any direct, indirect, special, incidental,
consequential or punitive damages, howsoever arising (whether in an action arising out of contract,
statute, delict or otherwise) related to the use of, or the inability to access or use the content of the
Website or any functionality thereof, or the information contained on the Website, or of any linked
Website, even if Service Provider knows or should reasonably have known or is expressly advised
thereof.
7.3.2 The liability of Service Provider for faulty execution of the Website as well as all damages suffered
by the user, whether direct or indirect, as a result of the malfunctioning of the Website shall be limited
to Service Provider rectifying the malfunction, within a reasonable time and free of charge, provided
that Service Provider is notified immediately of the damage or faulty execution of the Website. This
liability shall fall away and be expressly excluded if the user attempts to correct or allows third parties
to correct or attempt to correct the Website without the prior written approval of Service Provider.
However, in no event shall Service Provider be liable to the user for loss of profits or for special,
incidental, consequential or punitive losses or damages arising out of or in connection with the
Website or its use or the delivery, installation, servicing, performance or use of it in combination with
another computer software.
7.3.3 You hereby unconditionally and irrevocably indemnify Service Provider and agree to hold Service
Provider free from all loss, damages, claims and/or costs, of whatsoever nature suffered or incurred
by Service Provider or instituted against Service Provider as a direct or indirect result of:
7.3.3.1 your use of the Website;
7.3.3.2 software, programs and support services supplied by, obtained by or modified by you or any
third party without the consent or knowledge of Service Provider;
7.3.3.3 your failure to comply with any of the terms or any other requirements which Service Provider
may impose from time to time;
7.3.3.4 the actions or requirements of any telecommunications authority or a supplier of
telecommunications services or software; or
7.3.3.5 any unavailability of, or interruption in, the service which is beyond the control of Service
Provider.
7.4 Service Provider makes no warranty or representation as to the availability, accuracy or
completeness of the content of the Website. You expressly waive and renounce all your rights of
whatever nature that you may have against Service Provider for any LOSS suffered by you, as a result
of information supplied by Service Provider being incorrect, incomplete or inaccurate.
8 Service Provider privacy and cookie policy
8.1 This clause 8 provides details about our Privacy and Cookie Policy, which Policy forms part of these
Terms. Service Provider takes your privacy seriously and is committed to protecting your personal
information. We use the personal information that we collect from you in accordance with this Privacy
and Cookie Policy.
8.2 Personal information when used in this Policy means information that can identify you as an
individual or is capable of identifying you. By personal information we don’t mean general, statistical,
aggregated or anonymised information.
8.3 Your use of our services signifies your consent to us collecting and using your personal information
as specified below.
8.4 How we collect information about you
Normal data will be collected during everyday business activities which includes phone calls, e-mail
correspondence, letters, completed orders and general queries. Permission to use your information
must be granted by yourself first.
8.5 How we use your information
The information is used to streamline order completion and subsequent orders in future, to validate
you as a customer and to eliminate possible fraudulent activities as well as to inform the customer of
new products and/or specials.
8.6 How long do we keep your information for?
The time periods for which information is kept may vary according to the use or purpose attached to
the information. Unless there is a specific legal requirement requiring us to keep your information,
however, we will not keep it for longer than necessary for the purpose for which the information was
collected or for which it is to be processed.
8.7 Disclosing your information to third parties
Aggregate statistics about our sales, customers and other Website information may be provided to
third parties, but these statistics will not include any information that could identify you.
8.8 When and where do we use cookies?
Cookies gets allocated upon accessing our Website. These cookies will hold information collected
during your transaction and will allow us to recognise you as a customer and provide you with the
services you require.
8.9 How can you refuse or opt out of cookies?
Most browsers are set by default to accept cookies automatically, but usually you can alter the settings
of your browser to prevent automatic acceptance and to prompt you every time a cookie is sent to
you or to allow you to choose not to receive cookies at all.
8.10 How can you manage your privacy preferences?
To stop processing your information for marketing purposes, please write to us at the address set out
in clause 11 below in order to opt out.
9 Confidentiality
9.1 By subscribing as a user, you agree that you shall hold in the strictest confidence and not disclose
to any third-party information acquired in connection with any aspect of the products and/or services
offered by Service Provider.
You shall notify Service Provider should you discover any loss or unauthorised disclosure of the
information.
9.2 Any information or material sent to Service Provider will be deemed not to be confidential, unless
otherwise agreed in writing by the user and Service Provider.
10 Breach or cancellation by Service Provider
10.1 Service Provider is entitled without notice, in addition to any other remedy available to it at law
or under these terms, including obtaining an interdict, to cancel these Terms, limit or deny such user
use of the Website and services, or to claim specific performance of any obligation whether or not the
due date for performance has arrived, in either event without prejudice to Service Provider’s right to
claim damages, should any user:
10.1.1 breach any of these Terms;
10.1.2 in the sole discretion of Service Provider, use the Website in an unauthorised manner; or
10.1.3 infringe any statute, regulation, ordinance or law.
10.2 Breach of these Terms entitles Service Provider to take legal action without prior notice to the
user and the user agrees to reimburse the costs associated with such legal action to Service Provider
on an attorney and own client scale.
11 Compliance with section 43(1) of ECT Act
In compliance with section 43(1) of the ECT Act, the following is noted:
11.1 Full name: Wired Internet & Gaming Cafe CC Trading as Uncapped Business Centre
11.2 Registration number: 2018/021319/07
11.3 Physical address: 27 Chilwan Crescent, Strand Industrial, 7130
11.4 Fax number: (021) 555 5555
11.5 Telephone number: (021) 555 5555
11.6 Website address: www.screwpro.co.za
11.7 Email: [email protected]
11.8 Names of office bearer(s): Klaus Dieter Fritz Körber
11.9 Registered at: 27 Chilwan Crescent, Strand Industrial, 7130
12 Compliance with laws
You shall comply with all applicable laws, statues, ordinances and regulations pertaining to your use
of and access to this Website.
13 Notices
Except as explicitly stated otherwise, any notices shall be given by email from [email protected] to
the email address you have provided to Service Provider (in your case), or such other address that has
been specified. Notice shall be deemed given 48 (forty-eight) hours after an email is sent, unless the
sending party is notified that the email address is invalid. Alternatively, Service Provider may give you
notice by registered mail, postage prepaid and return receipt requested, to the address which you
have provided to Service Provider. In such case, notice shall be deemed given 7 (seven) days after the
date of mailing. You acknowledge that all agreements, notices or other communication required to
be given in terms of the law or these Terms may be given via electronic means and that such
communications shall be “in writing”. Notwithstanding anything to the contrary, a written notice or
communication actually received by a party shall be an adequate written notice or communication to
it, notwithstanding that it was not sent to or delivered at its chosen address(es) for that purpose.
14 General clauses
14.1 These Terms shall be governed in all respects by the laws of the Republic of South Africa as such
laws are applied to agreements entered into and to be performed within South Africa.
14.2 This Website is controlled, operated and administered by Service Provider from its offices within
the Republic of South Africa. Service Provider makes no representation that the content of the
Website is appropriate or available for use outside of South Africa. Access to the Website from
territories or countries where the content of the Website is illegal is prohibited. Users may not use
this Website in violation of South African export laws and regulations. If the user accesses this Website
from locations outside of South Africa, that user is responsible for compliance with all local laws.
14.3 Service Provider does not guarantee continuous, uninterrupted or secure access to our services,
as operation of our Website may be interfered with as a result of a number of factors which are outside
of our control.
14.4 If any provision of these Terms is held to be illegal, invalid or unenforceable for any reason, such
provision shall be struck out from these Terms and the remaining provisions shall be enforced to the
full extent of the law.
14.5 Service Provider’s failure to act with respect to a breach by you or others does not constitute a
waiver of our right to act with respect to subsequent or similar breaches.
14.6 You shall not be entitled to cede your rights or assign your rights or delegate your obligations in
terms of these terms to any third party without the prior written consent of Service Provider.
14.7 No party shall be bound by any express or implied term, representation, warranty, promise or
the like not recorded herein, whether it induced the contract and/or whether it was negligent or not.
14.8 The head notes to the paragraphs to these Terms are inserted for reference purposes only and
shall not affect the interpretation of any of the provisions to which they relate.
14.9 Words importing the singular shall include the plural and vice versa, and words importing the
masculine gender shall include females and words importing persons shall include partnerships and
corporate and unincorporated entities.
14.10 These Terms set forth the entire understanding and agreement between Service Provider and
you with respect to the subject matter hereof.