Terms and Conditions of for Subscription and Events to SafeCyberL!fe
These terms and condition are binding and enforceable to all persons that applies to be a Subscriber and access the ALERTING SA web site or any part thereof in terms of section 11(3) of the electronic communications and transactions (ECT) act 25 of 2002. If you do not agree to these terms and conditions you must leave the Alerting SA web site now, as further use will automatically bind you to these terms and conditions. A copy of the ECT Act may be downloaded from http://www.polity.org.za or from the South African government websites.Definitions and interpretation
a). “SafeCyberL!fe” is a voluntary service in which the user requests and Mandates the SafeCyberL!fe team to search and deliver information relevant to the User for and on
behalf of the user. This information begins with the 12 Steps to living a SafeCyberL!fe as well special services such as Cyber Security Alerts and similar threats online , other
developments that may be relevant to the user from time to time. The SafeCyberL!fe service is owned by AlertingSA and therefore the words AlertingSA team and SafeCyberL!fe may be used alternatively and they mean the same.
b. “SafeCyberL!fe website” is the website located at www.SafeCyberL!fe.com and includes any part or element thereof.
c. “SafeCyberL!fe Service” means the service provided on the AlertingSA platform in which the SafeCyberL!fe team will provide the 10 Steps Manual, Seminars and Cyber alerts received from various service providers. These alerts will be passed by the SafeCyberL!fe team and the accuracy of the alerts will not be the responsibility of Alerting SA. SafeCyberL!fe will also organise events linked to its service and these events will be open to its members and non-members.
The Events may carry additional costs to the amounts paid for subscription but the SafeCyberL!fe Members will get up to 50% discount from the amount paid by non-SafeCyberL!fe members.
d. “SafeCyberL!fe Subscriber” means an individual who signs up to be a subscriber of SafeCyberL!fe’ s Service and is also requesting SafeCyberL!fe to collect information relevant to them and voluntarily participates in the SafeCyberL!fe service by receiving the emails and Short Message Service (SMS) and by participating the subscriber requests the SafeCyberL!fe team to collect the information relevant to the subscriber and the subscriber will enjoy the benefits of communications from the SafeCyberL!fe Team on Cyber Alerts as well as the detailed 12 Steps to living a SafeCyberL!fe plus software to protect themselves from cyber crime. Any individual is deemed a SafeCyberL!fe subscriber only when they have paid the subscription fee of R2 999.
The amounts collected from subscribers may be direct or through service providers such as mobile operators. These service providers are not responsible for the service provided by SafeCyberL!fe but as resellers on behalf of SafeCyberL!fe.
Alerting SA was established in 2015 with the purpose of empowering its subscribers with information that is relevant to the subscribers. Subscribers hereby requests SafeCyberL!fe to represent them in obtaining the information relevant to the subscribers. All of this information will be supplied to the subscribers via email and SMS.Allowed Use & License
2.1. SafeCyberL!fe licenses the User to view, and use the content of any of the Alerting SA for personal and non-commercial purposes only.
2.2. Content from the SafeCyberL!fe web sites shall not be used or exploited by Users for any commercial and non-private purposes without the prior written consent of SafeCyberL!fe. Users may only access and use the SafeCyberL!fe web site for legal purposes.
2.3. The Manuals sent by SafeCyberL!fe to subscribers are protected by Copyrights and subscribers are accepting these copyright conditions and will not reproduce or copy the Manuals or part of, for any reason.
2.4. The caching of the SafeCyberL!fe web site shall only be allowed if:
2.4.1. The purpose of the caching is to make the onward transmission of the content from the SafeCyberL!fe web site more efficient.
2.4.2. The cached content is not modified in any manner whatsoever.
2.4.3. The cached content is updated at least at regular intervals determined by SafeCyberL!fe.
2.4.4. The cached content is removed or updated when so required by SafeCyberL!fe.
2.5. If any User uses content from the SafeCyberL!fe web site in breach of the provisions detailed herein:
2.5.1. SafeCyberL!fe reserves the right to claim damages from the User.
2.5.2. SafeCyberL!fe reserves the right to institute criminal proceedings against the User.
2.5.3. SafeCyberL!fe shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of such content by the User or any third party who obtained any content from the User. External information to the SafeCyberL!fe service from any other source shall be directed through the relevant platforms of the SafeCyberL!fe service.
2.6. SafeCyberL!fe shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of content from the SafeCyberL!fe service, if such content was obtained from a third party. Users may quote small and reasonable amounts of content available from the SafeCyberL!fe if such quote is placed in inverted commas and acknowledged.
2.7. No person may frame the SafeCyberL!fe, without the prior written consent of SafeCyberL!fe Apart from bona-fide search engine operators and use of the search facility provided on the SafeCyberL!fe Service by Users.
2.8. no person may use or attempt to use any technology or applications (including web crawlers or web spiders) to search or copy content from the SafeCyberL!fe web site for any purposes, without the prior written consent of SafeCyberL!fe.
2.9 All licenses and/or permissions granted in terms of this clause 2 are provided on a non-exclusive and non-transferable basis and may be terminated or cancelled by SafeCyberL!fe at any time without giving reasons therefore.
3.0 SafeCyberL!fe Membership
Upon accepting these Terms and Conditions, the subscriber is mandating and requesting the SafeCyberL!fe team to help them live a SafeCyberL!fe and to search for the information relevant to the subscribers and through this acceptance each Subscriber will be allocated a reference number which is their mobile number. This reference number will be used in the identification of the Subscriber. The subscribers will get the following benefits from SafeCyberL!fe
3.1. Provide the subscribers with the detailed 12 Steps towards living a SafeCyberL!fe. These steps will give the subscribers details on being safe online and without any guarantees because cyber-crime is unpredictable. The 10 steps will give subscribers a degree of control to fend off basic attacks and over time also prevent major attacks with some basic setup that will be understood more by subscribers.
3.2. Communication services with the messages (email or SMS) from the SafeCyberL!fe team to the subscribers and this communications service will be linked to the information supplied by the subscriber in the form and will cover information related to the location selected by the subscriber. The Mobile number given on the application form will be used for this purpose.
3.3. Invitation to events arranged by the SafeCyberL!fe Team. Such events may or may not be events that require the Subscriber to pay additional fees. SafeCyberL!fe will inform the Subscribers of these events and will clearly indicate which events are free and which ones are not. If these events have costs then SafeCyberL!fe subscribers will get exclusive discounts of up to 50% to the amount paid by Non-SafeCyberL!fe Subscribers.
3.4. Subscribers will be put in all the pools of selection and lucky subscribers will be given special prices and treatment such as personal lunch with the SafeCyberL!fe team.
3.5. Offered special tickets at events because of the SafeCyberL!fe membership. SafeCyberL!fe will also hold events aimed at empowering the members and non-members of SafeCyberL!fe with skills for survival in the digital world as well as giving them information that empowers them to live a convenient life.
4. Intellectual Property Rights & Domain Name Use.
4.1. All intellectual property in the SafeCyberL!fe service provision, including but not limited to content, trademarks, domain names, patents, design elements, software, databases, text, graphics, icons and hyperlinks are the property of SafeCyberL!fe and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights licensed to the User in clause 2, all other rights to intellectual property on the SafeCyberL!fe web site are expressly reserved.
5. Software & Equipment
It is the responsibility of the User to acquire and maintain, at his/her own expense, the computer hardware, software, lines and access accounts required to access the Internet and the SafeCyberL!fe web site and/or download content from this web site.
6. Disclosures Required by Section 43 of the ECT Act
Access to the services, content, software and content downloads available from the SafeCyberL!fe web site is classified as “electronic transactions” in terms of the ECT Act and therefore Users have the rights detailed in Chapter 7 of the ECT Act and SafeCyberL!fe has the duty to disclose the following information:
6.1. The full name and legal status of the web site owner: SafeCyberL!fe, a company registered in South Africa
6.2. Postal address: P.O. Box 30552, Kyalami, 1684.
6.3. email address: email@example.com
6.4 Primary business: 1st Floor, Fortune Kunene House, 261 Oxford Road, Illovo, 2015
6.5 The web site address of the SafeCyberL!fe web site is: http://www.SafeCyberL!fe.com
6.6. The official e-mail address of the SafeCyberL!fe web site is firstname.lastname@example.org
6.7. Management: The management profile of SafeCyberL!fe is available by emailing email@example.com
6.8. Alternative dispute resolution: Subject to urgent and/or interim relief, all disputes regarding:
6.8.1. access to the SafeCyberL!fe web site
6.8.2. the inability to access the SafeCyberL!fe web site
6.8.3. the services and content available from the SafeCyberL!fe web site; or
6.8.4. these terms and conditions, shall be referred to arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa and such arbitration proceedings shall be conducted in Johannesburg in English. The arbitration ruling shall be final and the unsuccessful party shall pay the costs of the successful party on a scale as between attorney and own client. The expedited rules of the Arbitration Foundation of South Africa may be downloaded from the following web site: http://www.arbitration.co.za;
6.9. Cooling-off period: In terms of the operation of section 42(1)(d) of the ECT Act, the cooling-off provisions of the ECT Act do apply to this web site; andalusia
6.10. Users may lodge complaints concerning the SafeCyberL!fe web site with SafeCyberL!fe at feedback@SafeCyberL!fe.co.za
7. Changes & Amendments
SafeCyberL!fe expressly reserves the right, in its sole and absolute discretion, to do any of the following, at any time without prior notice:
7.1. change these terms and conditions.
7.2. change the content and/or services available from the SafeCyberL!fe.
7.3. discontinue any aspect of the SafeCyberL!fe web site or service(s) and the Subscribers hereby agree that in such a case SafeCyberL!fe will determine the level of the refund to the Subscribers. In case there is a dispute the annual amount will be split into the 12 installments and the relevant amount due to the Subscribers would then be claimed by the subscribers in writing.
8.1. SafeCyberL!fe shall take all reasonable steps to protect the personal information of Users and for the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.polity.org.za
8.2. SafeCyberL!fe may electronically collect, store and use the following personal information of Users:
8.2.1. name and surname
8.2.3. non-personal browsing habits and click patterns
8.2.4. e-mail address
8.2.5. IP address
8.3. SafeCyberL!fe collects, stores and uses the above-mentioned information for the following purposes:
8.3.1. communicate requested information to the User; and
8.3.2. to compile non-personal statistical information about browsing habits, click-patterns and access to the SafeCyberL!fe web site.
8.4. Information detailed above is collected either electronically by using cookies or is provided voluntarily by the User. Users may determine cookie use independently through their browser settings.
8.5. SafeCyberL!fe may collect, maintain, save, compile, share, disclose and sell any information collected from users, subject to the following provisions:
8.5.1. SafeCyberL!fe shall not disclose personal information from Users unless the User consents thereto;
8.5.2. SafeCyberL!fe shall disclose information without the User’s consent only through due legal process; and
8.5.3. SafeCyberL!fe may compile, use and share any information that does not relate to any specific individual.
8.6. SafeCyberL!fe owns and retains all rights to non-personal statistical information collected and compiled by SafeCyberL!fe.
9. Hyperlinks to Third Party Sites.
9.1. SafeCyberL!fe may provide hyperlinks to web sites not controlled by SafeCyberL!fe (target sites) and such links do not imply any endorsement, agreement on or support for the content of such target sites; and
9.2. SafeCyberL!fe does not editorially control the content on such target sites and shall not be liable, in any manner whatsoever, for the access to, inability to access or content available on or through such target sites.
10.1. SafeCyberL!fe shall take all reasonable steps to secure the content of the SafeCyberL!fe web site and the information provided by and collected from Users from unauthorised access and/or disclosure. However, SafeCyberL!fe does not make any warranties or representations that content shall be 100% safe and secure.
10.2. SafeCyberL!fe is under no legal duty to encrypt any content or communications from and to the SafeCyberL!fe web site and is also under no legal duty to provide digital authentication of any page on the SafeCyberL!fe web site.
10.3. Users may not deliver or attempt to deliver, whether on purpose or negligently, any damaging code, such as computer viruses, to the SafeCyberL!fe web site or the server and computer network that support the SafeCyberL!fe web site. Notwithstanding criminal prosecution, any person who delivers any damaging code to the SafeCyberL!fe web site, whether on purpose or negligently, shall, without any limitation, indemnify and hold SafeCyberL!fe harmless against any and all liability, damages and losses SafeCyberL!fe and its partners / affiliates may suffer as a result of such damaging code.
10.4. Users may not develop, distribute or use any device to breach or overcome the security measures of the Product and SafeCyberL!fe reserves the right to claim damages any and all persons concerned with a security failure or breach; and
10.5. Any User who commits any of the offences detailed in sections 85 to 88 of the ECT Act shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by SafeCyberL!fe and its partners / affiliates. The ECT Act may be downloaded from: http://www.polity.org.za
11.1. Subject to the provisions of sections 43(5) and 43(6) of the ECT Act, if applicable, and as far as allowed by law, SafeCyberL!fe (including its owners, employees, suppliers, Internet service providers, partners, affiliates and agents) shall not be liable for any damage, loss or liability of any nature incurred by whomever and resulting from:
11.1.1. access to the SafeCyberL!fe web site;
11.1.2. access to web sites linked to the SafeCyberL!fe web site;
11.1.3. inability to access the SafeCyberL!fe web site;
11.1.4. inability to access web sites linked to the SafeCyberL!fe web site;
11.1.5. content available on the SafeCyberL!fe web site;
11.1.6. services available from the SafeCyberL!fe web site;
11.1.7. downloads and use of content from the SafeCyberL!fe web site;
11.1.8. any other reason not directly related to SafeCyberL!fe gross negligence.
11.2. The SafeCyberL!fe web site and services are supplied on an “as is” basis and has not been compiled to meet all the User’s individual requirements. Therefore SafeCyberL!fe are not liable for the accuracy of the information received from the Service provider. The subscriber hereby agrees not to hold SafeCyberL!fe liable for any inaccuracies as a result of using the information for any reason.
11.3. Information, ideas and opinions expressed on the SafeCyberL!fe web site should not be regarded as professional advice or the official opinion of SafeCyberL!fe and Users are encouraged to consult professional advice before taking any course of action related to the information, ideas or opinions expressed on the SafeCyberL!fe web site through SafeCyberL!fe.
11.4. SafeCyberL!fe does not make any warranties or representation that content and services available from the SafeCyberL!fe web site will in all cases be true, correct or free from any errors. SafeCyberL!fe shall take all reasonable steps to ensure the quality and accuracy of content available from the SafeCyberL!fe web site.
11.5. SafeCyberL!fe does not make any warranties or representations that the SafeCyberL!fe web site shall be available at all times. Users acknowledge that the SafeCyberL!fe services may be unavailable due to updates or other causes beyond the reasonable control of SafeCyberL!fe, including, but not limited to virus infection, unauthorised access, power failure or other “acts of God”.
12. Removal & Correction of Content
Users are encouraged to report untrue, inaccurate, defamatory, illegal, infringing and/or harmful content available from the SafeCyberL!fe web site to Alerting SA undertakes to correct and/or remove such content or any part thereof if the person reporting such content provided reasonable grounds to prove the alleged nature of the content.
13. Interception of Communications
13.1. Subject to the provisions of the Regulation of Interception of Communications (RIC) Act 70 of 2002, the User agrees to SafeCyberL!fe ’s right to intercept, block, filter, read, delete, disclose and use all communications send or posted by the User to the SafeCyberL!fe web site, its staff and employees; and
13.2. The User agrees and acknowledges that the consent provided by the User in clause 12.1 satisfies the “writing” requirement as detailed in the ECT Act and the RIC Act.
14. Entire Agreement & Severability.
14.1. Subject to the provisions of the Content Use License, these terms and conditions constitute the entire agreement between SafeCyberL!fe and the User and shall take precedent over any disclaimers and/or legal notices attached to any communications and/or postings received by SafeCyberL!fe from the User.
14.2. Any failure by SafeCyberL!fe to exercise or enforce any right or provision shall in no way constitute a waiver of such right or provision.
14.3. In the event that any term or condition detailed herein is found unenforceable or invalid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall remain enforceable and applicable.
15. Agreement in Terms of Section 21 of the ECT Act
The User and SafeCyberL!fe agree that:
15.1. the User shall be bound to these term and conditions and such agreement is concluded in Johannesburg (South Africa) at the time the User enters the SafeCyberL!fe web site for the first time or immediately after the User indicated consent as required in Content Use Agreement;
15.2. data messages (as defined in the ECT Act) addressed by the User to SafeCyberL!fe shall only be deemed to have been received if and when responded to;
15.3. data messages (as defined in the ECT Act) addressed to the User by SafeCyberL!fe shall be deemed to be received by the User as detailed in section 23(b) of the ECT Act.
15.4. data messages (as defined in the ECT Act) addressed by the User to SafeCyberL!fe shall be deemed to have been created and send by the User from within the geographical boundaries of South Africa.
15.5. electronic signatures, encryption and/or authentication is not required for valid electronic communications between the User and SafeCyberL!fe
15.6. the User requests and mandates SafeCyberL!fe to search for information relevant to the user and for SafeCyberL!fe to send such information via electronic means that includes the mobile short message service (SMS).
16. Applicable & Governing Law
The SafeCyberL!fe web site is hosted, controlled and operated from the Republic of South Africa and therefore the South African law enforced by the South African courts governs the use or inability to use the SafeCyberL!fe web site, its content, services and these terms and conditions.
17. Legal Costs
SafeCyberL!fe shall not be liable for costs incurred by Users to obtain professional advice or service relating to these terms and conditions or any action taken by SafeCyberL!fe subscribers against SafeCyberL!fe under any circumstance.