Terms of use

These Terms and Conditions including the Privacy Policies stated below, apply to Sofnfree by Amka Product (Pty) Ltd and all its related ranges, herein referred to as Sofnfree for the purpose of this website, and all related websites under our control.
  1. USE AND COPYRIGHT
    1. Use of this website and any services, content or applications contained therein or offered thereon is at the sole risk of the user.
    2. Users may view, copy, download to a local drive, print, and distribute the content of this website, or any part thereof for non-commercial, informational or reference purposes only. Users may not cede, sub-license or otherwise transfer any rights they may have under these terms and conditions, or which may otherwise have been obtained through the use of this site.
    3. Users who wish to use content from this site for commercial purposes may only do so with the prior written permission obtained from Sofnfree.
    4. Any reproduction and/or copy of the content or portion thereof for commercial purposes, if permission has been granted as per 1.3, must include the following copyright notice in its entirety: “© Sofnfree. All rights reserved.”
    5. All moral rights and any other rights of Sofnfree or other legal entity in respect of which content is contained on this site not expressly granted are reserved.
  2. DISCLAIMERS & INDEMNITIES
    1. The information on this website is intended to provide general information on a particular subject or subjects and is not an exhaustive treatment of such subject(s).
    2. It is the sole responsibility of the user to satisfy him or herself prior to accessing this website that the website will meet the user’s individual requirements and be compatible with the user’s hardware and/or software.
    3. This entire website, including text, images, links, downloads and coding, is provided “as is” and “as available”. Sofnfree makes no representations or warranties, express or implied, including but not limited to warranties as to the correctness or suitability of either the website or the information contained in it.
    4. Information, ideas, and opinions expressed on this site should not be regarded as professional advice or the official opinion of Sofnfree or any legal entity in respect of which information, ideas and opinions are expressed on this website.
    5. Users are encouraged to obtain professional advice before taking any course of action related to information, ideas or opinions expressed on this site.
    6. The use of the content of this website is at the user’s own risk.
      1. The user assumes full responsibility and risk of loss resulting from the use of the content of this site.
      2. Sofnfree or any of the legal entities in respect of which information is contained on this site, or employees of Sofnfree or such entity, will not be liable for any special, indirect, consequential, or punitive damages or any other damages whatsoever, whether in an action of contract, statute, delict (including without limitation, negligence), or otherwise, relating to the use of this website, document and information.
      3. Subject to Sections 43(5) and 43(6) of the Electronic Communications and Transactions Act 25 of 2002 and to the fullest extent possible under law, Sofnfree shall not be liable for any damage, loss or liability of any nature arising from the use or inability to use, or reasonable reliance upon this website or the service or content provided from and through this website.
      4. Even though Sofnfree takes reasonable steps to ensure that this site is virus free, no warranty, whether express or implied, is given that any information downloaded from this site is virus free.
    7. Users agree to indemnify and hold harmless Sofnfree, its officers, employees, ISPs, servants, subcontractors, partners, subsidiaries and affiliates from any demand, action or application or other proceedings, including for attorney’s fees and related costs such as tracing fees, made by any third party and arising out of or in connection with the user’s use of or inability to use this website, third party websites or any of the services offered through such sites in any way, including but not limited to the provision of content.
    8. If any of the foregoing is not fully enforceable for any reason, the remainder shall nonetheless continue to apply.
  3. RECEIPT AND SENDING OF DATA MESSAGES
    1. Data messages, including e-mail messages, sent by users to the website owner shall be deemed to be received only when acknowledged or responded to in writing.
    2. If a user does not receive a response within a reasonable period of time, the user should follow it up with Sofnfree. Sofnfree shall not be liable for any failure to respond.
    3. An agreement concluded between Sofnfree and a user by means of data messages is deemed to be concluded at the time the acceptance of the offer exits Sofnfree information system and is deemed to be concluded in Centurion, South Africa.
    4. Time, place, dispatch, and receipt of data messages including the formation and validity of Agreements is subject to the South African Government Procurement General Conditions of Contract and if not specifically governed herein, sections 22 to 26 of the Electronic Communications and Transactions Act apply.
  4. SECURITY
    1. Sofnfree has in place reasonable commercial standards of technology and operational security to protect all information provided by users from loss, misuse, alteration, or destruction.
    2. All reasonable steps will be taken to secure a user’s information. Authorised employees, who are responsible for the maintenance of any sensitive data submitted, are required to maintain the confidentiality of such data. The policy applies to all employees of Sofnfree or public and private bodies that may receive such information from Sofnfree.
    3. It is expressly prohibited for any person, business, or entity to gain or attempt to gain unauthorised access to any page on this website, or to deliver or attempt to deliver any unauthorised, damaging, or malicious code to this website and the User’s attention is drawn to the offences and penalties in Chapter XIII of the Electronic Communications and Transactions Act. If a person delivers or attempts to deliver any unauthorised, damaging or malicious code to this website or attempts to gain unauthorised access to any page on this website, a criminal charge will be laid against that person, and, if Sofnfree or any public or private body should suffer any damage or loss, civil damages will be claimed.
  5. MONITORING AND INTERCEPTION OF DATA MESSAGES
    1. In order to provide a relevant and secure service, and where required to do so under law, Sofnfree may monitor and/or intercept electronic communications, such as e-mail, which are sent to this website.
    2. To the full extend necessary under the law the user hereby acknowledges that he or she is aware of such potential monitoring and/or interception and consents thereto.
  6. CONFIDENTIALITY OF DATA MESSAGES
    1. Sofnfree does not wish to receive confidential or proprietary information from users through this website.
    2. Please note that any information or material sent to Sofnfree will be deemed NOT to be confidential.
    3. By sending Sofnfree any information or material, users grant Sofnfree an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information, and also agree that Sofnfree is free to use any ideas, concepts, know-how or techniques that are sent to it for any purpose.
  7. LINKS TO THIRD PARTY OR EXTERNAL SITES
    1. Sofnfree may provide links to other websites only as a convenience and the inclusion of any link does not imply the endorsement of such sites.
    2. Linked websites or pages are not subject to the control of Sofnfree.
    3. When users select a link to a third-party website, they are leaving Sofnfree website and are subject to the privacy and security policies of the owners/sponsors of the third-party website.
    4. Sofnfree does not control or guarantee the accuracy, relevance, timeliness or completeness of information contained on a linked website.
    5. Sofnfree does not endorse the organisations sponsoring linked websites and does not endorse the views they express or the products/services they offer.
    6. Sofnfree cannot authorise the use of copyrighted materials contained in linked websites. Users must request such authorisation from the sponsor of the linked website.
    7. Sofnfree is not responsible for transmissions users receive from linked websites.
    8. Certain links in the web server lead to resources maintained by third parties over whom Sofnfree has no control. Sofnfree makes no representations or warranties as to the accuracy of, or any other aspect relating to, those resources and is not responsible or liable, directly, or indirectly, in any way for the contents, use, or inability to use or access any linked websites or resource or any links contained in a linked website or resource.
  8. INTELLECTUAL PROPERTY RIGHTS
    1. All content, data and trademarks, including, but not limited to, software, technology, databases, know-how, text, graphics, icons, hyperlinks, private information, designs, program, publication, product, process, or idea described in this website may be the subject of rights, including other intellectual property rights, which are the property of or licensed to Sofnfree, or a legal entity, and as such are protected from infringement under the laws of the Republic of South Africa, international treaties and conventions.
    2. Subject to the rights afforded to the user herein, all other rights to all intellectual property on this website is expressly reserved and by accessing data on this website the user is not licensed, authorised, or granted any other right including without limitation under copyright, trademark, patent, or other intellectual property rights in or to the content.
    3. Third party websites are welcome to link to the information that is hosted on this website.
    4. It is expressly prohibited for any person, business, entity, or website to frame any page on this website, including the home page, in any way whatsoever, without the prior written approval of Sofnfree.
  9. AUTOMATED SEARCHING
    1. Automated transactions and searches are subject to these terms and conditions.
    2. The use of malicious search technology is prohibited.
    3. The use of search technology in an unlawful manner or for collecting or harvesting of data for commercial gain is prohibited.
    4. Search technology which does not unduly retard the operation of this website is acceptable, but the website owner reserves the right to prohibit any specific entity from employing search technology on the website.
  10. APPLICABLE LAW
    1. This website is owned, hosted, and maintained within the Republic of South Africa.
    2. When using this website and agreeing to these Terms and Conditions of Use such use and agreement is deemed to have taken place in Centurion, South Africa.
    3. This Website is controlled, operated, and administered by Sofnfree within the Republic of South Africa. Sofnfree makes no representation that the content is appropriate or available for use in other locations or countries. Access to the Website from territories or countries where the content is illegal is prohibited. The User may not use this Website in violation of South African law. If the User accesses this Website from locations outside of South Africa, that User is responsible for compliance with all local laws. The laws of the Republic of South Africa shall govern these Terms and Conditions of Use, and the User consents to the jurisdiction of the High Court of South Africa in the event of any dispute.

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