To the access and use of this Website the following Website terms and conditions apply. By using and continuing to use the Website you explicitly agree to these terms, last updated on 18 April 2019.
Article 1 – Definitions
1. Website Terms and Conditions: the website terms and conditions, irrespective of the way in which they are issued (referred to as “these terms”).
2. Cherlano PTY (LTD): the limited private company with its firm situated in Durban, South Africa under CIPC registration number 2016/002598/07 (referred to as “our”, “we” or “us”).
3. User: the party who uses Services, either for personal use or on behalf of User’s business, institution, agency, or organisation (referred to as “your”, “you”, or “yourself”). User is at least eighteen (18) years of age or the legal age of majority in User’s jurisdiction, if greater.
4. Website: all Materials, Publications, and Services hosted on web servers and served via domain name (www.)tashtan.co.za or its corresponding Internet Protocol (IP) address(es) or any other domain name or corresponding IP address(es) operated by Cherlano PTY (LTD).
5. Publication: any electronic or printed document containing information from any of the Cherlano PTY (LTD) databases developed, operated, and commercialised by Cherlano PTY (LTD).
6. Material: any information, page, document, software, database, or Publication made available to User by Cherlano PTY (LTD).
7. Services: all activities of Cherlano PTY (LTD) that are the subject to any offer, proposal, agreement or other juristic act in the relationship between Cherlano PTY (LTD) and User, including – but not restricted to – the offering of Materials and Publications, the verification of numbering plans data by means of – but not limited to – Application Programming Interfaces (API’s), or the granting of access to (specific portions of) the Website.
8. Agreement: the agreement between Cherlano PTY (LTD) and User (referred to as “this agreement”).
9. Spam: unsolicited electronic messages sent indiscriminately and typically for commercial purposes to a large number of people at once.
10. Cookie: an electronic message given to User’s web browser by Cherlano PTY (LTD)’s Website. A session cookie is erased when you close your web browser. A persistent cookie is stored on your computer until it expires.
Article 2 – Scope
1. You fully understand and completely agree with these terms simply by using and continuing to use our Website. If you are using our Services on behalf of a business or organisation, that business or organisation accepts these terms. If you do not agree with any part of these terms, you must not and cannot use our Services.
2. These terms apply to and constitute part of all agreements and other juristic acts, whether made orally, in writing, electronically or in any other form, regarding the use of our Services by you or on your behalf.
3. These terms also apply to our Services that we subcontracted with third parties, whether fully or in part, or for which we (partially) contract a third party.
4. We hereby explicitly waive the applicability of any (purchasing) terms and conditions on your part.
5. Any deviations from these terms shall only be valid if these have been expressly agreed upon by both us and you.
6. If and insofar as any stipulation contained in these terms shall be nullified, all further provisions made in these terms shall remain in full force. We shall consult with you on any new provision that is to substitute the invalid or nullified provision, and in doing so we shall aim to cover the purport of the invalid or nullified stipulation to the greatest possible extent.
7. We reserve the right to update these terms from time to time. Any new Website Terms and Conditions will be notified to you by email and/or via a suitable announcement on our Website. These new terms will apply thirty (30) days after the notification has been given. If you continue to access our Website and/or use our Services after the date on which these new terms come into effect you shall be bound to them.
Article 3 – Delivery
1. Delivery of Materials, Publications, and other results of Services occurs primarily via the Website.
Article 4 – Allowed uses
1. You may use our Website for lawful purposes only. Your use of our Website must not infringe upon the rights of any other party. You may request permission to use copyrighted Materials from our Website by contacting us.
2. You are granted a worldwide non-exclusive royalty-free revocable licence for personal or non-commercial use to:
o view Materials from and use Services on our Website;
o print Materials from and use Services on our Website;
o download Materials from our Website for caching purposes.
o You may resell, or otherwise sub-license Materials and Services from our Website
3. Materials on our Website explicitly made available to you for redistribution may only be redistributed within the business, institution, agency, or organisation on whose behalf you are acting for the purpose of this agreement.
Article 5 – Restricted uses
1. You are not allowed to:
o show Materials and Services from our Website in public;
o collect or mine Materials and Services from our Website in an automated and/or a systematic fashion (database reverse engineering);
o republish Materials and Services from our Website, including republication on another website;
Rent or otherwise sub-license Materials and Services from our Website; or copy, duplicate, adapt, edit or otherwise modify, change, transform, publish, republish, distribute, redistribute, broadcast, rebroadcast, reproduce, commercialise, make publicly available, show or play in public, or otherwise exploit our Materials and Services from our Website; redistribute Materials and Services from our Website, unless expressly made available for redistribution.
2. You have no other rights with respect to the use of our Services than the ones expressly granted under our Allowed uses.
Article 6 – Personal data protection
1. We strive to fully comply with the personal data protection in accordance with the rules and regulations of the CPA act of South Africa. We try to gather the least possible amount of personal data necessary for the performance of our Services. In such cases where the results of our Services depend on the correct, complete, and timely delivery of personal data by you, you will provide all information that can reasonably be deemed necessary for the performance of our Services.
2. All personal data can be submitted to and received from our Website by using Transport Layer Security (TLS) or Secure Sockets Layer (SSL) cryptographic protocols. However, we cannot guarantee the security of submitted personal data, because transmission of personal data over the Internet is inherently insecure.
3. You must keep your login details confidential. We do not know your password, because it is stored hashed and encrypted. We shall never publish your e-mail address or ask for your password, except when you sign up or sign in on our Website.
4. We shall take every reasonable technical and organisational precaution to prevent the misuse, abuse, corruption, loss, or modification of your personal data. All personal data is stored on secure, firewall- and password-protected servers.
5. We may collect, store, and use the following types of personal data:
o information about your computer and visits to and use of our Services, including IP address, referral source IP address, geographical location, web browser type and version, operating system;
o information you provide for the purpose of registering;
o information you provide for the purpose of subscribing to our Services, newsletters and/or e-mail notifications;
o information relating to any transactions carried out between you and us on or in relation to our Services, including information relating to any purchases you make;
o any other information that you choose to provide to us.
6. We shall use your personal data only for the purpose of:
o administering and enabling use of our Services;
o personalising the web browsing experience;
o sending e-mail notifications;
o sending newsletters with your consent;
o sending general (non-marketing) commercial communications with your consent;
o sending tenders, statements, invoices, or other relevant documents;
o collecting payments for purchases of Services;
o handling questions or complaints related to the use of our Services.
7. We shall never give your personal data to any third party for the purpose of direct marketing without your consent.
8. We may disclose your personal data to relevant employees only, and exclusively insofar as reasonably necessary for the above-stated purposes.
9. We shall not be liable for damages suffered by you as a result of handing over your personal data, even if it is afterwards determined that there was no legal obligation to do so.
10. You shall indemnify us against all third-party claims which may be filed against us because of an (alleged) violation of the CPA Act and/or other laws concerning processing personal data which is not imputable to us.
11. You have the right to make a written request to us to provide within thirty (30) days any personal data we hold about you, provided you have sufficient proof of identity. You have the right to request we delete any personal data we hold about you. We may deny your request, if the information is necessary for the prosecution of criminal offenses or to protect rights of others.
Article 7 – Cookies
1. We use session cookies to keep track of you whilst using our Services. We do not use persistent cookies.
2. We use Google Analytics cookies to generate and analyse statistical and other information about aggregate Website use by means of cookies stored on your computer. For this purpose we have signed a data processing agreement with Google. We have instructed Google to mask the last octet of your IP, and not to share any Google Analytics data with any other Google service.
3. We may use Google AdSense cookies to enable it to serve ads to you, but only with your explicit consent.
Article 8 – Spam
1. We have a zero-tolerance for spam. Spam received on e-mail addresses controlled or owned by us may be reported.
2. We may use automated spam filtering on incoming e-mails. You must notify us, if you believe a legitimate e-mail has been filtered out.
3. You will notify us if you have received an e-mail that appears to have been sent from our systems and may be considered to be spam.
Article 9 – Linking
1. The Website may contain links to websites operated or owned by third parties. We accept no responsibility for the contents of these websites or for any loss or damage caused to you by visiting them.
2. If you request the deletion of a link to a third party website from our Website, and have a legal right to do so, we must comply within thirty (30) days.
3. You are allowed to link to our Website under the condition that:
o the link points to an existing page;
o the link is not misleading;
o the accompanying link text is appropriate.
4. You are not allowed to link to our Website by using:
o inline linking techniques or complex scripting;
o content framing or similar techniques;
o our logo without our express consent.
5. If we request the deletion of links to our Website from a third party website, over which you have control, you must comply within thirty (30) days.
Article 10 – Intellectual property
1. All intellectual property rights, including but not limited to database rights and/or copyrights as to the Publications and Materials developed and/or used in preparation of or for the performance of our Services, including but not limited to the text, computer code, artwork, photographs, images, music, audio material, video material, or that may result from these, shall remain exclusively vested in us and its licensors.
2. Your use of our Services shall never lead to any transfer of intellectual property rights.
3. You are encouraged to report to us all Materials on our Website that you believe in good faith are infringing on the intellectual property rights of others or yourself.
4. We may bring legal proceedings against you, if you are discovered to be using copyrighted Materials in contravention of the Allowed uses in these terms. We may be seeking monetary damages and/or an injunction to stop you from using Materials on our Website. You can also be ordered to pay legal costs.
Article 11 – Liability
1. In performing our Services we will act to the best of our ability.
2. We cannot guarantee completeness or accuracy as to achieving any particular result. The information on our Website may contain inaccuracies or typographical errors and may be changed or updated, or become unavailable without notice. All Materials on our Website are provided without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement.
3. We do not represent that the use of Materials from our Website does not infringe upon the rights of third parties.
4. In no event will we be liable to any party for any direct or indirect, special or other consequential damages for any use of our Services, including, without limitation, any lost profits, business interruption, loss of programs of other data or otherwise, even if we are expressly advised of the possibility of such damages.
5. Liability for direct damages can only arise in the relationship between us and a Client for whom we perform Services in the context of an agreement, within the limits of the General Terms and Conditions.
Article 12 – Disputes, jurisdiction, and applicable law
1. These terms shall be governed under the Laws of South Africa .
2. Any disputes between us and yourself regarding these terms shall be exclusively submitted to a competent court in the District of Durban, Kwa Zulu Natal.