Terms and Conditions of Use

TERMS OF USE OF THE TECHNICA SERVICE

This is a legal agreement between you and Midas Group (Pty) Ltd, a South African limited liability company (“MIDAS”) stating the terms that govern your use of Technica Online (“Service”). The Service is provided by MIDAS under contract with your access provider. By using the Service, you agree to comply with this agreement. Your access to the Service may be suspended or terminated immediately and without notice if you do not comply with the terms of this agreement.

  1. Access to Service
  1. The Service may be accessed via the Internet using the MIDAS-supplied client application. MIDAS is not responsible for providing you with Internet access or hardware or other software needed to access the Service. MIDAS is not responsible for any issue that may arise relating to your use or inability to use the Service due to your Internet, hardware or software arrangements.
  2. If you have difficulties in using the Service, you must contact your access provider and not MIDAS.
  3. You may use the Service only for your individual education needs. You may not provide access to the Service to third parties, resell the Service or make the Service available to others as part of a service bureau.
  4. You must not try to alter the Service or the Service content.
  5. This agreement grants you the right to limited access and use of the Service. This agreement is not a license to use or copy content accessible via the Service.
  6. Your access provider may suspend or terminate your access to the Service at any time without notice to you.
  7. In circumstances where you obtain access to the Service through an education provider, MIDAS may suspend or terminate your access to the Service in accordance with MIDAS’ agreement with your education provider or if you do not comply with the terms of this agreement.
  8. You agree that you will not, or assist another person to copy, reverse-engineer, decompile, disassemble, modify for otherwise tamper with the Service, in whole or in part.
  9. You agree not to rent, lease or provide access to the Service to any third party.
  10. You must not disclose your User ID or Enrollment Key to anyone else. You must not allow anyone else to use the Service under your User ID or Enrollment Key. You are entirely responsible for all activities that occur in connection with your User ID or Enrollment Key with respect to the Service, and you agree to immediately notify MIDAS of any unauthorized use of your User ID, Enrollment Key or any other breach of security. MIDAS shall not be responsible for any losses arising out of the unauthorized use of your User ID, Enrollment Key or any other breach of security.
  11. You agree not to attempt to, or assist another person to, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security components related to the Service.
  12. MIDAS does not warrant or represent that your use of the Service will be uninterrupted or error-free, and you agree that from time to time MIDAS may remove the Service for indefinite periods of time, or cancel the Service at any time, without notice to you.
  13. MIDAS does not warrant or represent that the Service is or will be complete or up-to-date, or that the Service will be available 24 hours or 7 days a week.
  14. MIDAS does not warrant or represent that the Service will meet your needs, is fit for the purpose required by you, or that you will receive any benefit in using the Service.
  15. You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated in writing by MIDAS) provided “as is” and “as available” for your use, without warranties of any kind, either express or implied, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
  16. In no case shall MIDAS, it directors, officer, employees, affiliates, agents, contractor, or licensors be liable for any direct, indirect, incidental, punitive, special, or consequential damages arising from your use of any of the Service or for any other claim related in any way to your use of the Service, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of ay content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility.
  17. MIDAS does not warrant or represent that the Service will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion, and MIDAS disclaims any liability relating thereto.
  18. To the maximum extent permitted by law, MIDAS excludes all liability for all claims, expenses, losses, damages and costs made against or incurred or suffered by you directly or indirectly arising out of:-
    1. Your use or misuse of the Service,
    2. Your inability to use or obtain access to the Service
    3. The content of the Service
    4. MIDAS’ negligence or the negligence of MIDAS’ employees, contractors or agents in connection with performance of MIDAS’ obligations under this agreement or the provision of or inability to provide the Service;
    5. Termination of this agreement for any reason
  19. MIDAS’ liability to you for beach of any condition or warranty implied under any law which cannot be lawfully modified or excluded by this agreement shall, to the extent permitted by law, be limited at MIDAS’ option to supplying the Service again or paying for resupply of the Service.
  20. MIDAS excludes all liability to you for all indirect or consequential losses.
  21. MIDAS will publish online alerts from time to time and you are required to take notice hereof and apply the alert accordingly.
  22. You agree that the Service contains proprietary information and material that is owned by MIDAS and/or its third-party suppliers, and it protected any applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary information or materials in any way whatsoever except for use of the Service in compliance with the terms of this agreement. No portion of the Service may be reproduced in any form or by any means, except as expressly permitted hereunder. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service in any manner, and you shall not exploit the Service in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity.
  23. Notwithstanding any other provision of this agreement, MIDAS and its third-party suppliers reserve the right to change, suspend, remove, or disable access to any products, content, or other material comprising a part of Service at any time without notice. In no event will MIDAS be liable for the removal of or disabling of access to any such products, content or materials under this agreement. MIDAS may also impose limits of the use of or access to certain features or portions of the Service, in any case and without notice or liability.
  24. All copyrights in and to the service are owned by MIDAS and/or its third-party suppliers, who reserve all their rights in law and equity. Any use of the Service not permitted in this agreement is strictly prohibited and may infringe on the intellectual property rights of MIDAS and it’s third-party suppliers and may subject you to civil and criminal penalties, including possible monetary damages, for copyright infringement.
  25. Certain trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or registered trademarks of MIDAS in the U.S. and/or other countries. Other trademarks, service marks graphics, and logos used in connection with the Service may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.
  26. All right, title and interest (including all copyrights, trademarks and other intellectual property rights) in the Service belong to MIDAS or MIDAS’ third-party suppliers of material. You acquire no ownership of copyright, trademark or other intellectual property rights or proprietary interest in the Service by your use of the Service or otherwise.
    1. i)by law;
    2. ii)because MIDAS received an order or subpoena of a court of competent jurisdiction;
    3. iii)to conduct MIDAS’ business;
    4. iv)to secure MIDAS’ systems; or
    5. v)to enforce MIDAS’ own rights,
  1. Security
  1. Warranties and Liability
  1. Waiver and Indemnity

You agree to indemnify and hold MIDAS, its directors, officers, employees, affiliates, agents, contractors, and licensors harmless with respect to any claims arsing out of your use of the service.

  1. Intellectual Property
  1. Your Information

You agree to provide accurate, current, and complete information required to register with the Service and at other points as may be required in the course of using the Service (“Registration Data”). You further agree to maintain and update your Registration Data as required to keep it accurate, current, and complete. MIDAS may terminate your rights to any or all of the Service if any information you provide is false, inaccurate or incomplete. You agree that MIDAS may store and use the Registration Data you provide in maintaining your accounts and billing fees.

  1. Assignment

You cannot assign your rights or obligations under this agreement without MIDAS’ prior written consent. MIDAS may assign its rights without your permission.

  1. Enforcement

MIDAS’ failure to enforce any provision herein does not constitute, and must not be construed as, a waiver of the provision or the right to enforce it at a later time.

  1. Notice

The terms of this agreement can be modified by MIDAS at its discretion and MIDAS may provide notice of such modification to you electronically or by posting such modification on the homepage of the Service. In the event of modification, any access of the Service by your after notice signifies your agreement to the amended terms.

  1. Severability

If any term or other provision of this agreement is invalid, illegal, or incapable of being enforced by any law or public policy, all other terms or provisions of this agreement shall nevertheless remain in full force and effect so long as the economic or legal substance of the transactions contemplated hereby is not affected in any manner materially adverse to any party.

  1. Choice of Law and Compliance with Law

This agreement is governed by the laws of the Republic of South Africa. Each party submits to the non-exclusive jurisdiction of the courts of the Republic of South Africa. You agree to comply with all local, state and national laws, statutes, ordinances, and regulations that apply to your use of the Service.

  1. Age Requirement

You may only enter into this agreement if you are 15 years of age or older. If you are 15 or older but under the age of 18, you should review the terms of this agreement with your parent or guardian to make sure that you and your parent or guardian understand the terms of this agreement.

  1. Miscellaneous

The terms of this agreement constitute the entire agreement between you and MIDAS and govern your use of the Service, superseding any prior agreements between you and MIDAS. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. MIDAS’ failure to enforce any right or provisions in this agreement will not constitute a waiver of such provision, or any other provision of this agreement. MIDAS will not be responsible for failure to fulfil any obligations due to causes beyond its control.

  1. Agreement in terms of Section 21 of the ECT ACT

a)Data messages addressed by you to MIDAS will only be deemed to have
     been received if and when MIDAS responds thereto;

b) Data messages addressed to you by MIDAS, however, will be deemed to  
     have been received by you when the complete data message enters the
     information system and if capable of being retrieved and processed by you
     (Section 23(b) of the ECT Act).

c) Data messages addressed by you to MIDAS will be deemed to have been
     created and sent by you within the geographical boundaries of South
     Africa;

d) Electronic signatures, encryption and/or authentication is not required for
     valid electronic communications between the parties.

e) You warrant that the data messages sent to MIDAS from a PC, IP address
     or mobile device normally used or owned by you, were sent and or
     authorised by you personally.

15. Intercepting and Monitoring

a) By subscribing to or using the Service, you agree that MIDAS may intercept and monitor any communication within the Service that you make or receive to the extent allowed by law or for the purpose of conducting the
     business of MIDAS and securing the systems of MIDAS.

        b) For the purposes of this clause, "intercept" and "monitor" bear the
                 meanings ascribed to these words in section 1 of the Regulation of
                 Interception of Communications and Provision of Communication-related
                 Information Act (hereafter “RICA”), No 70 of 2002.

        c) You agree that the consent so provided by you satisfies the requirement
                 of writing as prescribed in the ECT and the RICA Acts.

16. PRIVACY POLICY

      a) General Principles

i) MIDAS has developed this Privacy Policy to protect your personal
   information and keep it confidential and in doing so, MIDAS have paid particular attention to the following acts:

                 Constitution of the Republic of South Africa (Act 108 of 1996);

                 Promotion of Access to Information Act (2 of 2000);

                 Electronic Communications and Transactions Act (ECT) (25 of    
                 2002); and Regulation of Interception of Communications and Provision of Communication-related Information Act (RICA) (70 of 2002).

                ii) MIDAS does everything MIDAS reasonably can to protect your rights of Privacy on this information system, but MIDAS are not liable for any
                 unauthorised or unlawful disclosures of your personal and

                 Confidential information made by third parties who are not subject
                 to MIDAS’ control. MIDAS also cannot warrant the security of the
                 information, which you transmit to them.

b) Categories of Personal Information

                i) Profiling Information: Information which you provide when
                 you subscribe or register for the Service. This includes your
                 contact details such as your physical addresses, postal addresses,
                 telephone and fax numbers and the like.

              ii) Payment and Account Information: Your account history with us  

                 including (without limitation) all billing information and
                 communications, payment history etc. MIDAS maintains this on
                 secure servers. This includes the information on the subscription
                 account and all other accounts, such as your debtor’s account.

iii) Log information: Information such as your online request, IP    
                 address, browser type, browser language, date and time of
                 request.

           iv) Transactional Information: Transactional history (other than
                 banking details) about your e-commerce activities.

   v) User IDs: Your usernames, passwords, email addresses and other
                 security-related information used by you in relation to the Service.

                vi) Stored Information: Data either created by you or by a third
                 party and which you wish to store on its servers.

c)   Third Parties

            i) Any of your information which you provide when you use it’s
               Service in an unencrypted manner and/or to an open, public
               environment or forum is not confidential, does not constitute

               Personal Information, and is not subject to protection under Privacy
               Policy.

                ii) Since such public environments are accessible by third parties, it is
               possible that third parties may collect and collate and use such
                information for their own purposes. You should accordingly be
               careful when deciding to share any of your Personal Information in
               such public environments.

               iii) Information, which is disclosed publicly, is also shared with its
                 affiliates, third party Service providers, sponsors of competitions
                 etcetera unless expressly stated otherwise.

                iv) MIDAS is not liable to you or any third party for any damages that
                 you or any third party may suffer howsoever arising from your              
                 disclosure of Personal Information in any public environment. You
                 accordingly disclose information in a public environment at your

                  own risk.

d) Collection and Storage of Information

                i) By accepting the Terms you agree that MIDAS may collect and store your Personal Information as long as you subscribe to or use the
               information system and Service subject to the limitations set out in
               this Privacy Policy.

                ii) MIDAS will only disclose Correspondence Information and Personal
                 Identifiers under clause 25.5 below.

                iii) MIDAS may scan your Stored Information to ensure that you

                 comply with clause 25.5 below. MIDAS will only disclose such
                 information under clause 25.5 below.

                iv) Any Personal Information which MIDAS collects and which MIDAS may

                 it, in its sole discretion and without any compensation to you, for
                 any legitimate purpose including (without limitation) the
                 commercial sale thereof to third parties.

                v) You may update your Profiling Information at any time online.

            vi) You acknowledge and agree that in the interests of improving
                 personalisation and Service efficiency, MIDAS may, under controlled and secure circumstances, share your Personal Information with
                 it’s affiliates (an entity which is it’s subsidiary or holding
                 company or a subsidiary of it’s holding company or an entity
                 which controls, is controlled by or is under common control with
                 MIDAS).

e) General exceptions

    If MIDAS is required to intercept, disclose, monitor and/or store your Personal Information for any legitimate reason, MIDAS will do so in the manner as prescribed by legislation. The reasons may be as follows:

                    f) Disclaimers

                i) Any interception, disclosure, monitoring and storage mentioned in  
               clause 25.5 may take place without your knowledge. In that case,

               MIDAS will not be liable to you or any third party for any damages
               howsoever arising from such interception, disclosure, monitoring
               and storage.

                ii) Monitoring may include (without limitation) the filtering of  

                 incoming and outgoing electronic data messages to identify, limit
                 and/or prevent the transmission of spam, viruses and/or unlawful,
                 defamatory, obscene or otherwise undesirable material or content.

            iii) MIDAS may under certain circumstances procure an element of the Service from a third party Service provider, for example Telkom
                 SA. To the extent that it may be necessary, and solely for the
                 purposes of providing the Service to you, you agree that MIDAS may disclose to such third party any of your Personal Information that
                 may be necessary for the procurement of Service from the third
                  party.

           iv) In addition to the general limitation in the Terms, MIDAS will not be liable to you or any other third party for any damages suffered by
                 you or any other third party howsoever arising from the disclosure
                  of your Personal Information. Your only remedy under such
                 circumstances will be to terminate this agreement.

17. INFORMATION OF MIDAS

       a) MIDAS will provide information about the company generally and for
           purposes of and in terms of Section 43 of the ECT Act should the
           Customer request it.
     b) You hereby confirm that he is acquainted with the standard trading
           terms and conditions of MIDAS.