Terms of Use

Introduction

  1. What follows below are the terms of use of the www.i-tell.africa website.
  2. This website is owned by Insiox Detection (Pty) Ltd, a South African private company with registration number 2020/615251/07, and which has its registered address at 262 Main Road, Muizenberg, Cape Town, Western Cape Province, South Africa.
  3. Your access and use of this website are subject to (a) these terms of use, (b) our Privacy and Information Protection Policy (“Privacy Policy”), and all applicable laws, such as the Electronic Communications and Transactions Act of 2002, the Protection of Personal Information Act of 2013 and the Promotion of Access to Information Act of 2000.
  4. We are registered and based in South Africa. If you are from any other country or jurisdiction you should make sure you understand any rights, restrictions or obligations that may apply to you as a result of the legislation in your jurisdiction and the impact it may have on your use of this website.
  5. By using and navigating this website you accept these terms of use in full.

Definitions

1. In these terms of use the words listed below shall have the following meanings:

  • Content means all material published on or shared with this website, at any time and for any period of time, including, but not limited to, text, videos, animation, diagrams, forms, graphics and audio, whether copyright of i-Tell or a third party;
  • cookies means small amounts of data generated by a website and saved by web browsers to improve web users’ experience of websites. Cookies may store user preferences and other information;
  • device means any electronic equipment (including, without being limited thereto, computers, tablets and phones) that can be used to navigate, read, browse or use a website;
  • Intellectual Property Rights means all rights protected by law in respect of trademarks, patents, industrial, aesthetic, and functional designs and copyright;
  • i-Tell means i-Tell, a division of Insiox Detection (Pty) Ltd (registration number 2020/615251/07);
  • malware means any software designed to cause damage to a device, server, person or network, including types such as computer viruses, worms, Trojan horses, ransomware, spyware, adware, rogue software, and scareware;
  • use means navigating, reading, browsing or using;
  • user means any internet user who uses this website;
  • we means i-Tell, and our means i-Tell’s;
  • website means this website, namely www.i-tell.africa;
  • you means the natural person navigating, reading or using this website. If you do so on behalf of a legal entity, then the word “you” shall include a reference to both you the natural person and that legal entity.

2. Where in these terms we refer to any gender, such a reference includes a reference to the other genders. And where we refer to a person, such reference includes both natural persons and legal entities.

Use of this website

  1. Your use of this website is subject to these terms of use and our Privacy Policy.
  2. It is also subject to certain South African legislation, such as (without being limited thereto) the Electronic Communications and Transactions Act of 2002, the Protection of Personal Information Act of 2013 and the Promotion of Access to Information Act of 2000.
  3. You may only use this website for lawful purposes.
  4. You may not, in using this website, infringe on the rights of other users.
  5. You may not restrict or inhibit any other users’ use of the website.
  6. You may not abuse, harm, interfere with or disrupt the services we offer through this website.
  7. Some of our services allow you to upload, submit or share Content or information with us. You are under no obligation to do so, and if you do upload, submit or share Content or information, it will be your choice what you upload, submit or share.
  8. We do not pay for, and we shall not sell, any Content or information shared with us.
  9. You may not upload, submit or share Content that may harm the operation of this website. If you do so, you will be liable for any damages we may suffer as a result thereof.
  10. You may not upload, submit or share Content that may infringe on the Intellectual Property Rights of any other person. If you do so, you will be liable for any damages that person may suffer as a result thereof.
  11. If you choose to upload or share Content, please make sure that it is malware free, that you have the necessary rights to do so and that the Content is lawful.
  12. We reserve the right to remove any Content we find objectionable, for whatever reason.
  13. You use this website at your own risk and discretion, and we shall not be liable for any damages you may suffer because of your use of this website.
  14. We may, from time to time, and without having to consult you or any other user, make changes to this website, the services offered on the website, these terms of use and to our Privacy Policy. Every time you use this website you will be bound to the terms of use, the Privacy Policy, and the applicable legislation in force at the time of such use.
  15. We reserve the right to block any person from accessing the website.

Intellectual property rights

  1. Unless specifically excluded, we own all the Intellectual Property Rights relating to this website, including, but without being limited thereto, the website design, our branding and logo and the website content.
  2. Where third parties referred to on this website claim to own certain Intellectual Property Rights, you may not violate those rights. If you do so, you may be subject to enforcement action by those third parties and for any damages they may have suffered as a result.
  3. Nothing contained in these terms of use, or elsewhere on the website, may be interpreted as allowing you, by implication or otherwise, to use either our or any other party referred to on the website’s Intellectual Property Rights.

Reliance on information posted on this website

  1. While we have made every possible effort to ensure that the information provided on this website is accurate, it is intended for information purposes and does not constitute any form of advice.
  2. You may therefore not rely on the information published on this website as advice (including legal advice).
  3. Any reliance you place on the information published on this website is strictly at your own risk and we accept no responsibility for any loss which may arise from your reliance on such information.

Disclaimer of liability

  1. We will not be liable for any damages you may suffer because of the use of this website, or the use of any Content or information published on the website, and we reserve the right to update, modify or delete any part or the whole of this website at any time and without any prior notice.
  2. We implement security measures to protect all information on the website, and all Content or information submitted or shared with us. If, despite our efforts, a security breach occurs, we will notify you so that you can take the appropriate protective steps. Please note, however, that we will not be liable for any damages you may suffer because of such security breach.
  3. We do not warrant that the website will be constantly available and, in addition to anything else already noted in respect of our liability, we shall not be liable for any loss of website access or use as a result of network, technical or any other problems outside of our control. We will not be liable should the website be unavailable as a result thereof, or because of any maintenance being done on the website.
  4. Whilst we take great care in ensuring that the website or any information or Content thereon, or any external links, are free from malware or any other data or code which has the ability to corrupt or affect the operation of your computer or device, we do not warrant that it is.

Privacy Policy

  1. Our Privacy Policy sets out how we will use information shared with us, and it applies to all users of this website.
  2. These terms of use should be read in conjunction with our Privacy Policy.

External Links

  1. Unless specifically stated, the inclusion of any external web link on the website does not imply any association between us and that external link’s operator.
  2. You may not, without our written permission, place any link on our website to any other website.
  3. You may link to this Website on the following conditions:
  • you shall ensure that any such link is subject to the preservation of our Intellectual Property Rights, and the link must alert the user of the other website that by clicking on the link the user will be subject to these terms of use;
  • you shall ensure that the permission to such linking does not place any liability or obligation on us in respect of any consequence stemming from that linking;
  • you may not, without our written permission, suggest or claim any association or endorsement with us through such linking;
  • if we request you to remove the link, you will remove any link to this Website with immediate effect.

4. Although we endeavour to only include reliable, safe and relevant external links in this website, you must always remain cautious before clicking any external web links (external links are clickable text / banner / image links to other websites).
5. We do not guarantee or verify the contents of external websites.  You should therefore note that if you click on external links you do so at your own risk and we shall not be liable for any damages you may suffer by clicking on or visiting external links.
6. While this website may contain links to other websites, we have no control over, and are not responsible for, the content matter of those linked external websites.
7. Your activity, communications and engagement with external social media platforms on which this website participates, will be subject to the terms and conditions and privacy policies of those social media platforms. 
8. Please note, in this regard, that social media platforms may track and save requests to share web pages through users’ social media platform accounts.

Cookies

  1. We may use cookies on our website. Cookies provide insight into how users of the website use and interact with the website and helps us to provide a better service to the users of our website. We also use it to generate non-identifying information about how people use our services.
  2. We will not use cookies that discloses your identity when you browse our website or enter information onto our webforms. Rather we use cookies in specific components of the website to improve usability and leveraging data for purposes of sales and analytics. We use analytics to assist us in gaining a better understanding of how you use the site and ways that we can improve your experience and how we should customise the services we offer. As an example, these cookies may track how long you spend on the website and the pages that you visit.
  3. Any user using our website may receive cookies from us or from trusted third parties, such as our service providers with whose help we provide our services and which you may encounter through this site, and whose cookie policies can be accessed below:
    – Facebook
    – Google
    – Hubspot
    – LinkedIn
    – Twilio
    – Twitter
  4. Please note that we do not have any access to, or control over, the analytics that are active on the device which you are using to use our website or to make a report or contact us.
  5. In the event you wish to prevent the use of cookies from this website, and the saving of such cookies on your device hard drive, you are obliged to take the necessary steps as it relates to your web browser’s security settings to block all cookies from this website and its external serving vendors.
  6. You can at any time change or withdraw your consent with regards to the use and storage of cookies by adjusting the settings on your web browser. However, this may result in a downgrade or ‘breakdown’ of certain elements of the website’s functionality, and thus hinder your browsing experience.

Whistleblowing

  1. Our business relates to the provision of whistleblowing services to our clients.
  2. Our clients are those organisations with whom we have concluded agreements for the provision of whistleblowing services.
  3. If Content or information is provided to us in respect of organisations who are not our clients, please note that we are not obliged to deal with such Content or information in any way, including by providing it to those organisations or making contact with whistleblowers.
  4. If you shared Content or information with us on the basis of anonymity, subject to our obligations under South African law or in terms of a court order, we will not disclose your identity and/or the identity of your computer or device.
  5. In the event you have provided us with personal information as defined in the Protection of Personal Information Act of 2013. We shall protect and process such personal information as provided for in that Act.
  6. Our Privacy Policy provides further information in respect of our approach to information provided by whistleblowers.

Security

  1. We reserve the right to take legal action against anyone who introduces or attempts to introduce to this website any type of attack, including but not limited to any distributed denial-of-service attack, any virus, malware or anything else that may cause harm to us, our website or any user of the website.
  2. We specifically also reserve the right to take legal action against anyone who gains access or attempts to gain access to any data submitted by users to this website.

Contracting

  1. Nothing contained on our website constitutes an offer that you can accept. No agreement or transaction can be concluded merely by you accessing this website or submitting Content or information to us.
  2. If you want to conclude an agreement with us, you must do so by concluding, through mutual signature, our terms and conditions and engagement documents.

The publication of our rates

  1. In the event of any rates being quoted on this website, such rates will be exclusive of VAT (unless stated otherwise).
  2. We reserve the right to change the rates indicated on the website without prior notice.

General provisions

  1. In the event any part or provision of these terms being found to be wholly or partially invalid or unenforceable, then such invalidity or unenforceability shall not affect the application, validity and enforceability of any of the remaining parts or provisions.
  2. These terms are governed by the laws of South Africa and shall be subject to the jurisdiction of the South African courts.
  3. No indulgence granted by i-Tell shall constitute a waiver of its rights in respect of these terms and no waiver shall have effect unless it has been reduced to writing.
  4. Should you have any queries regarding these terms or our Privacy Policy, please feel free to contact us here or use the contact details below.
    Address:
    17 Queens Park Avenue, Salt River, Cape Town, 7925
    Telephone number: +27 82 456 7770
    E-mail address: info@insiox.co.za
    Website: www.i-tell.africa